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C&p And Rating Board


abe

Question

I am new to the Board and not to computer savvy. Also I am not sure how my juices are flowing this morning (brain waves), I tried earlier this morning but did not suceed I hope I am better this evening, I am going to give it a try.

I served in Viet Nam in February 1968 until December,, 1968 in the Big Red One Company as a field medic in South Viet Nam . On my DD214 I have 3 service medals and one combat medical badge. I never new what was wrong with me, I associated my anxiety and explosive personality with Vuet Nam but never knew to much about PTSD,. While in Viet Nam, I became addicted to Herion and alcohol. In 1978 I admitted myself in the VA clinic for 28 days and detoxed, they gave me Methadone which was just another addiction, however I detoxed from that also and have been clean for over twenty-five years I am 63 years of age. I was able to obtain my records regarding this and I have submitted them with my claim. Last year my son in law suggested that I go see a doctor and seek medical help for my mental condition. my marriage was in jeopardy and I felt like I was losing it. I went to a private psychiatrist and he diagnosed me with PTSD he actually was a Dr. in Viet Nam and recognized how badly I needed treatment. Because of financial reasons it became to costly to continue my visits with him and I went to the VARO and began treatment with the psychiatrist their and group meeting with the psychologist.

I filed a claim for PTSD and did my stressor letter, it was very painful, I don't like being reminded of what I saw over their and the young lives that I tried to save and couldn't it becomes ver emotional for me. The psychologist gave me a AxisV: 34 and my psychiatrist gave me a AxisV: 50. The private Dr. wrote a letter as well in support of my PTSD. I then filed a claim, this was done in March of 2004. Last week I called the Baltimore VARO to check on the status of the claim and they told me it was at the Rating Boad in Philadelphia. My question is, they (VARO) never called me or wrote me to do a C&P exam on the PTSD can they rate me with no C&P and is this customary? I have a SC knee problem in which they gave me a 10% upon discharge I am filing for a increase as I have arthritis real bad now and Osgood0Schlatter's disease, they did call me in for a C&P on that. I asked for the VA doctor's report and on it, it read that there is no change. I have been treated for years by a private Orthopaedic Surgeon and he recently (last year/04) prescribed to have an MRI done on my knee which clearly shows the problem, who will they believe, MRI, my private doctor or the VA doctor? I also have been diagnosed with diabetes type II and also been diagnosed with IBS, gastritis and acid reflux. I've had a problem with my stomach since leaving Viet Nam. I know I have to be patience and wait for my rating. I have worked for the psot office for 25+ years, not without problems with them, I have been written up several times, . However, I haven't worked for 5 years retired on disability, will this hurt my claim?

I can't find words in the English language to adequately express my gratitude for this Board. The knowledge collectively is very very helpful. I can't thank you all at hadit enough.

abe

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First of all Abe. A Big Hadit welcome. You have come to the right place. In PTSD instances there have been several claims I have seen on this board thet did not get an C and P for the disability. The VA sometimes does not require a C and P for every claim. The evidence you suggested may be sufficient because the C and P is for a Medical opinion only. This may be favorable to you. You can look up the C and P exam criteria on this site. I want to stress a very important point for you to tell your doctor. He must explain that he has viewed the claim history. Keep us informed once you get a decision. In addition he needs to state his opinion in the following ways. less likely than not ( Unfavorable)At least as likely as not ( Favorable 50 / 50 Most Likely ( Best determination), And I wish you the best of luck. Keep the faith and I hope the wait is not too long.

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Welcome here Abe, you are what we are truly all about!

You certainly have handle already on the VA- they will try to believe a

deficient VA quack opinion over a good IMO (Independent Medical Opinion)sometimes but you can stave that off- if the private doctor has given a very good rationale for their opinion-like years of experience with PTSD or anxiety disorders- stuff like that-you evidence sounds excellent- by the way do you get SSA disability for PTSD?

If not what is that for?

Veteran- I commend you very much for overcoming these addictions.

These were mountains to climb and in many ways- as bad as the enemy-to fight against ----

and they did not help alleviate the PTSD-might have made it worse-at times.

I think this is truly a remarkable recovery and I hope you have affected others out there by telling us this.

As an In country Nam vet you were exposed to Agent Orange.You do not have to prove exposure- it is presumptive to all incountry Vietnam veterans.

I strongly suggest that you add DMII to your claim.The VA recpgnizes DMII as being caused by AO exposure. (Nehmer Stipulation and Court Order)

"I also have been diagnosed with diabetes type II and also been diagnosed with IBS, gastritis and acid reflux. "

Add those other conditions too-and state in this additional claim that your DMII is due to Agent Orange exposure and that the VA's own DMII training letter shows the affect of DMII to gastric conditions.

Put into this claim any other possible condition that you have from the diabetes-and ask for secondary service connection:

periheral neuropathy- erectile dysfunction-vision problems-

hyperlipidemia- any signs of atherosclerosis-actually I will attach their training letter -have to attach to next post-and you will see how to shape the claim-

Thank you for your service!!!!!

PS_ this is about 17 pages long- however I sent the VA the whole shibang with my 2003 claim , and have sent it with many local vets claims for DMII, I highlight with magic markers the conditions in this letter that they have evidence of in their medical records.

They amaze me with their ability to try to keep the money of veterans- they gave a local vet I helped 40% for DMII and yet failed to consider his cataracts and atherosclerosis,and heart stints-all due to the DMII.

We did not send them the training letter until he got the decision- should have been 100% but they tried to snooker him-

We attached this letter to the NOD with a TDIU form too-

I didnt send the TDIU form earlier because I was afraid his so called CAVC lawyers would get a cut of his TDIU- as it stands now the VA wants to pay them $8,000 bucks from his retro but I NODded that and am pretty sure they will have to reduce that figure significantly.

DMII_VA_Training_Letter.doc

Edited by Berta (see edit history)
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Thank you Staci1 and Berta for responding. I have already put yur recommendations in to motion. I downloaded the training letter on Agent Orange and read it in its entirety, however it did not directly adress IBS or Acid Reflux, I want to make sure I highlight the right section, does it state: Digestive tract autonomic neuropathy? To date no word from the VA on my rating, but will keep the Board informed when I get it.

I am not receiving SSDI, all postal employee are not entitled to draw social security (double dipping/done during the Reagan Adminisration), we only pay into Medicare as I understand it. If anyone knows differently I would appreciate hearing from you, also could someone explain the difference between Axis and Gaf Score? I am confused on the two rating process.

Thank you both for your words of encouragement. It's nice to hear Thankyou for your service.

abe

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