Received Partial Decision

[cannoncocker]

2 Questions not knowing whereelse to post them and they are in a general nature

1. The decision document stated:

Dated June 23, 2009

Claim submitted April 22, 2008

In the decision paper it stated:

We have deferred a decision on the following issues because we need additional information or evidence:

1. Chronic Anxiety

2. High Frequency hearing loss

We have requested a medical examination. You will be notified of the time, and place to report.

In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office.

The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009

KAY MARIE ARADO M.A.,CCC-A,FAAA

Speech, Language and Hearing Service Providers Audiologist

80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US

Tel: 828-684-8501

Which I completed. I have no other exams scheduled.

Do I just wait for the VA to act or can I fulcrum the system to schedule the exams by their own document states I should already have?

2. Chronic anxiety. This is tied to question 1 since no exams have been scheduled. I experience panic attacks chronic anxiety but I was a special weapons chief so it was not the sort os thing you would discuss if you choose to keep your job. i have document the orgin with the VA psychologist but does anyone have any suggestions they would putsue in this situation other than what I have done, ie maintain my VA psychologist appointments?

Last and only issue I have is I was denied Lumbar Spine injury with radiating pain. i was in the field artillery for 6.5 year in 155mm qnd 8 inch ronds with a smal frame 5'6" weight 130 lbs. I have an Emergency Room copy of my progress notes, but they naturally saw medical discharge written all over me since I was going to ets in about 2 months, but they did no x=-rays etc, described chief complaint as pain at waist level. Who could dodge an issue better than that? Who would walk in an emergency room for the first time in their life and tell the doctor I have pain at my waist line? That doesn't pass the laugh test. If you can move then do so towards the door. They precribed motrin and said hit the bricks. I went back later to my company medic for a change of medicine, which he gave me anothe nsaid type thing, after I took annual leave to recoup, which I had planned on cashing out.

I have 2 current MRI's which show one screwed uo lumbar with a pinch S1 Root Nerve which i take hydrocodone for. Various buldges, protrusions, extrusion, and degenerative disease.

Any suggestions to pursue a dissagrement with that decision?

If I should break this up and post elswhere please tell me.

Thank you for any help.

[broncovet]

This is what I would do:

1. File a Notice of disagreement with each denied issue, and state why you disagree. Cite evidence supporting your statement..such as "Veteran was treated for ---- in military, and continues to have issues with it and refernce doctors appointments and other medical treatments.

2. Send a note to IRIS, asking when your C and P will be scheduled, and cite your recent deferral decision.

Follow up with these, the VA wants you to drop it.

JMHO

[john999]

I would file a NOD on all your issues. If they don't mention a condition in your rating file a NOD on it. Deferred ratings should be appealed because they can just disappear off the radar. If you are granted SC for a condition I would also NOD that because you probably got low balled anyway. I went from 0% SC for a heart condtion mainly just because I appealed it and then produced some new evidence.

[cannoncocker]

Thanks you guys for the input and I am going to srart Monday, aside from what I have already started, this being and Iris post;

Dated June 23, 2009

Claim submitted April 22, 20098

In the decision paper it stated:

We have deferred a decision on the following issues because we need additional information or evidence:

1. Chronic Anxiety

2. High Frequency hearing loss (before this claim submitter it was SC at 0%)

We have requested a medical examination. You will be notified of the time, and place to report.

In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office.

The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009

KAY MARIE ARADO M.A.,CCC-A,FAAA

Speech, Language and Hearing Service Providers Audiologist

80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US

Tel: 828-684-8501

Which I completed. I have no other exams scheduled.

**********************************************************************

Needless to say I haven't received those two appointmemt schedules so aside from the IRIS, I have a first come first serve DAV chat planned Monday, emailed and Faxed the decision paper my congressman VA constituent reps and Senator VA Rep, who have been very helpful really, the cpongressman Schuler Rep being the most Responsive.

The DAV treated me like an absolute dog from day one, but that's another story.

So to some up if I think I have been low balled=NOD, Keep the pressure on for the appointment that I should already have

:

1. Chronic Anxiety

2. High Frequency hearing loss (before this claim submitter it was SC at 0%)

We have requested a medical examination. You will be notified of the time, and place to report.

In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office.

or NOD from the start. Too quick on those two?

Any input is wanted/needed/appreciated because in wikipedia they have my picture next to bonehead. Really many heads are better than one and there is experience I need here since I found local advise is hard to come by and shady at best. Any success I have had is from my own efforts and readings here.

My thanks

[Pete53]

Chronic anxiety is not a real diagnosis. You need a medical diagnosis. What does the VA say your diagnosis is.You may need to get a Medical Opinion that links your current diagnosis to service.

Good Luck

My Diagnosis Code is Panic Disorder 300.21 With agoraphobia

You need a code

[Berta]

Did you receive a VCAA letter -it says in Bold Type- Important Reply Requested.

It contains a highlighted statement as to what evidence they still need and they also need return of the enclosed election form.

What evidence or additional info did the VCAA letter mention they need -as to the anxiety claim?

[cannoncocker]

Thanks for the replies and fuel for thought. Pete53/Berta/broncovet you guys are remarkable. I can barely keep up with my job much less solving all the problems posted here. I will try to make this coherent as possible and answer the questions posed and if possible post what you might do from there since I didn't get into a lot of detail before.

The deferred claims

1. Chronic anxiety

2. High frequency hearing loss ( already SC at 0%)

I suppose my diagnosis is IAW DSMIV:

AXIS I: 300.1 Panic disorder W/O Agoraphobia

311 Depressive Disorder NOS

300.02 Generalized Anxiety Disorder

AXIS II: 799.9 Deferred

AXIS III Chronic pain, hypothoythroidism, hyperlipidemia, hypertension.....

AXIS V: GAF:50

Currently doing cognitive therapy with VA Psychologist on SC issue.

QTC has notified me of an appointment with a Psychiatrist for the 4th of August. Regarding the Deferred Chronic Anxiety

QTC Notified me that it "appeared" they needed to clarify some information from the Audiologist I completed;

Speech, Language and Hearing Service Providers Audiologist

80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US

The form stated it didn't have ecidence previously submitted, So I suppose i have n other choice but to resubmit.

The primary claim I actually submitted was "Lumbar spine injury with radiating through buttocks down leg." which was the only

claim denied to this point.

I submitted, through the DAV, a 21-4138 in reference to the VA denial of "Lumbar spine injury with radiating through buttocks down leg" a 21-4138 outlining my disagreement and I suppose this is more a request for reconsideration than NOD (not really knowing the difference). I attached the Active duty ER notes(only time I ever went to the emergency room) and later follow up notes from my unit aid station changing medication and they changed the diagnosis from "pain at waste line" to low back pain. I was allowed to take annual leave to recuperate and afterwards was given light duty by my unit commander , basically in charge of the gymnasium and organized tournaments until I ETS'd.

I received no VCAA letter and have one year to file any complaints. The forms I received were:

1. Typical blank form with no number with a refrence block.

2. Form 4107 November 2008

3. Multipage non numbered form explaning their decisions.

In the letter delineating my claims in reference to my back injury states they have not received evidence submitted. So again I will post registered but that does no good because who do you show that to that cares? Not anyone in the VA.

I'll stop here or this would be forty pages long, so basically how would ypo approach this, knowing all documents went through the DAV, whicjh meant nothing.

Thanks again