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.

[Berta]

"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"

This wont help you-

Make sure when you Iris them you check off email or snail mail response-not phone call-

that way you have a hard copy you can print out and keep as to what they say-

"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"

right- make sure you ask them for a copy of any C & P exam results- the copy you get might more then likely be characterized differently in the C & P.

As long as you have current disability at a ratable level which can be directly linked to your service or which is secondary to an established SC disability- you should receive SC for it.

Are you employed ? If not do you receive SSA disability benefits?

If so are they the exact conditions claimed in the VA claim?

[Berta]

forgot to add-

After I won my last claims- and then found I had basis for more claims- I developed a "War Plan" -a plan of attack- as you mentioned -meaning of course- I determined everyway the VA could try to squeeze out of the claims (the landmines)(they had done this to me before with no success) and I anticipated every type of evidence I would need.

I wrote down on my 'war map' (basically a photo of the VARO)

every step I needed to take to get my evidence properly handled.

I also developed a phone log (I put my Iris stuff in this folder too) we have a format for a phone log here somewhere-

In the past 6 years of course the phone log is quite long but I began dealing with them via Iris-because they can say whatever they want by phone but recently due to congressional intervention I notice they give me much more info by phone now and they have not lost my recent submissions of evidence.

The C & P exam results will give you a good idea of what to expect as far as their decision.

C & P exams that go against a claim can be quite successfully knocked down.

A vet needs to read the results very very carefully and use common sense as well as medical sense to knock them down.

The best way is to obtain an IMO-

Do you have copy of all of your medical records and any psychiatric records?

Do you have a proven documented inservice nexus for the depression and your other claimed conditions?

sorry if you answered that one already-

our futures as claimants are determined by these C & P exams.

You could have a cardio C & P and get a PA to do the C & P-

or get an internist to do a audio report-

if the examiner isnt qualified to do the exam this is one avenue of attack if the exam does not help you.

I mentioned here that I think in my last C & P report the VA canteen workers were too busy to do a cardio C & P- I sure didnt mean to knock any canteen workers-they work very hard and they would have actually done it better than the one I got from a PA!

We are on a battlefield. It is a War of the words.

Our awards hinge on medical evidence.

If a C & P report negates important evidence and even misses important establioshjed medical facts that are documented in the clinical record -this must be rebutted strongly when you respond to a SOC denial.

I had to send to VA copies of my husband's VA medical records which I highlighted with magic markers to prove malpractice.

It is often VA's own entries and tests that help award many claims- but a C & P examier breezes through voluminous files-that most vets have.

It helps tremendously to specifically call their attention to the parts of the clinical record that they need to consider as well as -often- to copies of the SMRs.

In my past claims I had to aggressively keep on them to read the medical evidence I sent.

After a 3 year battle I had victory.

When I reopened my claim in 2003 I found that a medical report they got months after I filed those claims-1995 -which was so bad the OGC wanted to talk settlement right away-

Vanished-

the VA employs a MF

A mysterious force who removes the good stuff and then years later might put it back into the C file.

Because of that- this report would have awarded my past claims in mere months buit they took over 3 years for award to come.

Make sure you get postage proof of mailing for anything you send them and make sure they fully list it as evidence and address it all in their decision.

The VA never seems to loose or destroy a lousy C & P exam that denies the claim-they only sh-t can the good stuff.

Keep copies of everything you send them with the POM (Proof of mailing)attached to it

[cannoncocker]

Hi Berta, it seems we share a lot philisophically regarding our battlefield approach. You may not have graduated the War College, but you are qualified.

1. Ok nix the trip to th VARO. I didn't see anything coming from that anyway.

2. I have a box filled with return receipts.

3. I dropped the telephonic communications pretty early so not much lost there.

4. I check email always with the IRIS system.

5. Your statement "make sure you ask them for a copy of any C & P exam results- the copy you get might more then likely be characterized differently in the C & P". I have completed the following QTC Examinations:

a. XXXX ARADO M.A.,CCC-A,FAAA Speech, Language and Hearing Service Providers Audiologist b. Dr. XXXXX, DO 101 Chadwick Square Court Suite C Hendersonville, NC 28739

My question is, who do I get a copy C & P examination results from?

Next question: Audiologist was excellent/DO was clearly working against me, he asked me questions that were readily answerable and available from the VA, MRI's , and VA consults. Is there no recourse to a clearly prejudiced Examiner or just wait and submit an NOD after the decision is rendered?

6. Your statement "As long as you have current disability at a ratable level which can be directly linked to your service or which is secondary to an established SC disability- you should receive SC for it."

The only claim portion left is psychiatric. Revised from: 1. Service connection for depression, to include panic attacks secondary to service connected conditions, which the DAV had me stating the cause in practical terms was:

1.Foot problems 20%

2.Cardiac anomalies 10%

3.Hearing loss 0%\

Since that is not what I claim

I revised and submitted along with DAV receipts for VA submission:

318/DEV1/SCS

VCAA NOTICE RESPONSE

21-4142 Authorization And Consent Asheville VA Medical Center Dr. XXXXXX 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 causes

21-4138 Statement In Support Of Claim:

a. Service connected event which the VA psycholgist corroborated in diagnosis and progress notes.

b. Extreme restriction of mobility and severe pain.

In that order of impact.

This has been submitted and am waiting on a response from the VA. Should I request a response via the IRIS System?

7. I worked in real estate, flipping houses, buying, renting etc. to a couple of years ago. I only do the property management part now due to my back which doesn't allow me to do the restorations. Before that I was a DAC Safety & Occupationaql Health specialist, and Contract Administration.

8. I do not receive SSA disability benefits. I have not applied.

the only other question s I have are in regard to after the VA decision:

a. When can I hire a lawyer and do you recommend doing that?

b. In the appeal process, do you submit an NOD and wait for their response rathet than straight to an appeal?

I know this is a lot but this should solve so many of my problems and make things infinitely better

thanks to everybody!

[Berta]

To clarify what you said-

I graduated with Honors from American Military University in 2007-it pops up as a war college in google-

This fully accredited and highly respected university was started by the USMC and my courses were primarily regarding tactical warfare maneuvers-most instruction from USMC officers-I was the only civilian they had ever taught.

came in handy because as you agree we are on a battlefield-

You can obtain a copy of any C & P exam results by writing to the Records Access Officer at the VAMC where the C & P occurred.

[cannoncocker]

To clarify what you said-

I graduated with Honors from American Military University in 2007-it pops up as a war college in google-

This fully accredited and highly respected university was started by the USMC and my courses were primarily regarding tactical warfare maneuvers-most instruction from USMC officers-I was the only civilian they had ever taught.

came in handy because as you agree we are on a battlefield-

You can obtain a copy of any C & P exam results by writing to the Records Access Officer at the VAMC where the C & P occurred.

My repspect and grateful you are putting your knowledge skills and abilities to good use. You, Philip Rogers, broncovet, and Pete53 for whatever in the world Buno means. None of you had to say, do, or think a thing about my problems but you did. Thanks and I'll pass it on when and where I can.

you guys are very generous people.