hypertension Determing The Status Of Last Portion Of Claim

[cannoncocker]

My question is how do I go about determing the status of the last portion (item 1) of my 3 item claim which I reopened through local chapter DAV Representation in April 2008. I started with 30% SC

Disability which consisted of:

1. HALLUX VALGUS, LEFT STATUS POST BUNIONECTOMY 10% FROM 1/04/90

2. AETERIAL HYPERTENSION WITH CARDIAC ARRHYTHMIA ON MEDICATION 10% FROM 1/04/90

3. HALLUX VALGUS RIGHT STATUS POST BUNIONECTOMY WITH PES PLANUS 10% FROM 1/04/9

4. HIGH FREQUENCY HEARING LOSS RIGHT EAR 0% 1/11/91

The VA removed HALLUX VALGUS LEFT in 1990 for reasons unknown but i did not disagree simply to avoid any further bureaucratic wrangling even though I am VA prescibed shoe inserts for bilateral

HALLUX VALGUS.

The current reopened claim, written verbatim, as instructed by my RO DAV Legal Representative is:

1. Service connection for depression, to include panic attacks secondary to service connected conditions.

2. Service connection for a low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy).

3. Increased evaluation of all my service connected conditions.

I have completed QTC examinations regarding 2 and 3.

I did not think item 1 through, 1. Service connection for depression, to include panic attacks secondary to service connected conditions. I followed the DAV instructions blindly, which brought

about the following incorrect result:

From VA Letter 318 /DEV1 /SCS 16 DEC 08

"We are working on your application for service-connected compensation for depression to include panic attacks secondary to service connected conditions of hallux valgus, left status post bunionectomy with Pes Planus, high frequency hearing loss right ear, arterial hypertension with cardiac arrhythmia on medication."

This equated to the VA as my pyschiatric disability deriving from:

1.Foot problems

2.Cardiac anomalies

3.Hearing loss

Current claim item 1 revised by myself:

To correct this inaccurate submission I submitted via registered USPS to the VARO and my DAV RO representative and informed the VARO via the IRIS Sytem (copy of DAV submital received) :

1. 21-4138 (Statement regarding VA Psychologist diagnosis and progress notes connecting item 1 to a service event and statement regarding the psychological effects of the back injury and reduction in

mobitlity.

2. VCAA NOTICE RESPONSE

3. 21-4142 Authorization And Consent

Asheville VA Medical Center Dr. XXXXXXX is my point of contact for relevant Psychiatric information.

Connection for low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy), lack of mobility and severe pain.

4. Asheville VA Medical Center Dr. XXXXXXX Diagnosis and progress notes.

Since I am new here I really don't know where to post this question and request any advise I will post it here. I would appreciate moving it to the proper forum if this is wrong. I would approach my DAV representative but they do not respond to my queries, hence I turn to my peers for help. I prefer to be self sufficient and hate to ask but I don't see a way arond it. I do not have the knowledge yet and this may be time sensitive.

To restate the question: how do I do determining the status of my revised psychiatric portion (1) of my claim? As in if there will be a QTC exam or how does it work? I do not have a clue. Any help would be great and would leave me better off than I am.

PS: Sorry this is so long and convoluted.

[Pete53]

Buno

[cannoncocker]

I am a little, no let's got with a lot thick. I am trying to get around your response:

Acronym Definition

BUNO Bureau Number

Is this right? what is this?

If you have not looked at your "C" (Claim)File located at VA Regional Office or gotten copies of it you could be spinning your wheels.

No I have not, I have ony been to our RO once, and water boarding looked like fun incomparison. Those were some arrogant individuals. So your recommendation is to go to my RO and get a copy of my claim, then what should I? Compare to what I have been told and what they have documrnted.

If there are discrepancies that are not in my favor who/how do I do about getting that corrected?

Like the long stream before me I am new, uneducated in VA speak/system and dependent on those that have been there before me.

Thank you very much.

[Philip Rogers]

wtf? Bad enough we have to learn VA speak but Buno? Bump? Guess it's "my bad." jmo

Buno

[cannoncocker]

wtf? Bad enough we have to learn VA speak but Buno? Bump? Guess it's "my bad." jmo

Isn't that something! I want to thank you for the moral support. This already makes me feel like a moron, then this only compounds the problem. I mean it doesn't exactly give you that additional confidence to continue the struggle.

But on the other hand it does help knowing there are a precious few that do sympathize.

There will come a day when I have amassed enough knowedge to be of help to others and I will not belittle others just starting out looking for help or assume they know what I know.

Sorry for the rant, just frustrated. But you did help with the moral support.

[broncovet]

Cannon

If I understand your question, you are asking how to determine the status of your depression claim which is secondary to other conditions.

In a nutshell, the VA wants to keep you in the dark. You can try calling the 800 number, you can also try an IRIS (email) inquiry at the www.va.gov website. However, the answers you get either by phone or email are not always accurate, complete, or reliable.

A bit of redeeming news, however, is the letter that the VA is working on your claim.

As far as the VA removing Hallus VAlgus, there are two distinct possibilities:

1. They are suggusting that Hallus is not relevant to your claim..if your depression is secondary to your SC hearing loss, then you will be rated for depression. It would not matter if your depression is also secondary to Hallus, you either have depression or you dont, it is either service connected or its not, it is either secondary to service connected conditions or it isnt. They dont have percentages..like your depression is 40% secondary to the 10% hallus, etc. If your depression is determined to be secondary to ANY of those service connected conditions, then you will be given a depression rating.

2. The other possibility is that the VA is "pulling a fast one" by dropping your Hallus. I wouldnt put it past them. That way, they could deny SC for depression secondary to your other conditions. Then, if your depression were secondary to hallus, you would have, in effect, gotten a "secret denial" of your claim by them dropping off parts of it. In my case, they "dropped" my depression part of the claim, then when I complained, they (eventually) awarded depression, but made the effective date of my complaint! Now, I am appealing the effective date of my depression, trying to get it awarded when I first applied for it, not when I complained that they didnt do anything about it.

Bottom Line: The VA deliberately confuses your claim, and drags it out for years, in hopes that you will either die or give up on your claim.

[cannoncocker]

Cannon

If I understand your question, you are asking how to determine the status of your depression claim which is secondary to other conditions.

In a nutshell, the VA wants to keep you in the dark. You can try calling the 800 number, you can also try an IRIS (email) inquiry at the www.va.gov website. However, the answers you get either by phone or email are not always accurate, complete, or reliable.

A bit of redeeming news, however, is the letter that the VA is working on your claim.

As far as the VA removing Hallus VAlgus, there are two distinct possibilities:

1. They are suggusting that Hallus is not relevant to your claim..if your depression is secondary to your SC hearing loss, then you will be rated for depression. It would not matter if your depression is also secondary to Hallus, you either have depression or you dont, it is either service connected or its not, it is either secondary to service connected conditions or it isnt. They dont have percentages..like your depression is 40% secondary to the 10% hallus, etc. If your depression is determined to be secondary to ANY of those service connected conditions, then you will be given a depression rating.

2. The other possibility is that the VA is "pulling a fast one" by dropping your Hallus. I wouldnt put it past them. That way, they could deny SC for depression secondary to your other conditions. Then, if your depression were secondary to hallus, you would have, in effect, gotten a "secret denial" of your claim by them dropping off parts of it. In my case, they "dropped" my depression part of the claim, then when I complained, they (eventually) awarded depression, but made the effective date of my complaint! Now, I am appealing the effective date of my depression, trying to get it awarded when I first applied for it, not when I complained that they didnt do anything about it.

Bottom Line: The VA deliberately confuses your claim, and drags it out for years, in hopes that you will either die or give up on your claim.

You are on it! This proves there are good caring people here willing to share hard earned knowledge.

Yes by the letter it does demonstrate that it is in VA Developement. Don't you know it took moving heaven and earth to get that ball moving, since I have been working this for more than a year. Had someone had just taken half an hour to help me develope a coherent claim and given me a clue on the process. But since that did not happen, and yes I did join the DAV a filed through them, the claim was reopened on the incorrect form, got all jacked up, but finally consolidated to a more managegable format.

1. The part about the VA removing Pes Planus Left was done back in the 90's and it was choice 2 as you pointed out= VA pulling a fast one. There was no medical evidence that it had improved, and had been approved SC in 1990 10%, but I was willing to just let it go, and guess I will continue to let it go since I have enough problems without complicating it more.

2. "If I understand your question, you are asking how to determine the status of your depression claim which is secondary to other conditions"

The Psychiatric claim (part 1 of 3) is in fact part primary and part secondary:

a. Primariy due to an event during service.

b. Secondary to injury incurred during service which is part of this claim and clear on 2 MRI's a year apart and connected to my service via emergency room and progress notes.

3. Parts 2 and 3 should be working properly since I have completed QTC Examinations on both.

But yes, that is the issue How do I determine where the revised part 1 psychiatric/depression is in the VA system?

I have submitted the following and DAV submittal receipts for them:

1. 21-4138 (Statement regarding VA Psychologist diagnosis and progress notes connecting revised item 1 to a service event and statement regarding the psychological effects of the back injury and reduction in mobitlity.

2. VCAA NOTICE RESPONSE

3. 21-4142 Authorization And Consent

Asheville VA Medical Center Dr. XXXXXXX is my point of contact for relevant Psychiatric information.

Connection for low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy), lack of mobility and severe pain.

4. Asheville VA Medical Center Dr. XXXXXXX Diagnosis and progress notes.

I guess the IRIS is worth a shot but like you said that may or may not be accurate. I have tried the 800 number on a couple occasions and that is meaningless. They can tell you anything at all and what proof do you have that you even talked to them, much less if they have the slightest idea what they are talking about. I have witnessed that myself.

But at least after I get that psychiatric/depression QTC examination or whatever it is they decide to do with it I should be able to wait on a decision then design a plan from there. But again, in my experience, there is nothing inducing the VA into moving on anything.

Give up, NEVER!

Die, possibly!

If I drive a couple hundred miles to my VARO could I get a current accurate update on my depression/psychisiatric portion of my claim or just a stone cold shoulder? I mean do they have an employee to deal with off the street vet questions regarding their claim?

Hopefuly they will finish my claim because they are tired of jacking with me, sure wouldn't be because they take pleasure in a job well done.

I have 1 other question but will post it separately