I received copies of my c&p physicals today for both my claims of increased depression and bilateral hearing loss with tinnitis. Here are the findings of the increased depression: I also have a TDIU claim
Axis I Major Depression
Axis II defer
Axis III See Med list
Axis IV Unemployment
Axis V GAF score is 50
The veteran cannot work due to anxiety, agoraphobia and worsened depression
The prognosis is guarded. He is mentally capable of managing benefit payments in his own best interest. Mentally, he occasionally has some interference performing activities of daily living because of his left Knee and depressive problems. He has difficulty establishing and maintaining effective work/school and social relationships because of his isolation. The best description of the claimant's current psychiatric impairmentis: psychiatric symptoms cause occupational and social imparment with occasional decrease in work efficiency and intermittent inability to perform occupational tasks although generally the person is functioning satisfactorily with routine behavior, self care and normal conversation. The above statement is supported by the following symptoms: depressed mood, anxiety, suspiciousness, chronic sleep impairment and mild memory loss such as forgetting names directions or recent events . He has no difficulty understanding commands. Based upon the examination, the claimant needs to seek follow up treatment. The claimant requires therapy and medication management. This information was conveyed to the claimant during the examination. The claimant does not appear to pose any threat of danger or injury to self or others.
Audiology: puretone
right
500hz 1000hz 2000hz 3000hz 4000hz b+C+
30 40 35 50 40 41.25
left
500hz 1000hz 2000hz 3000hz 4000hz b+C+
35 40 40 65 60 56.25
Diagnosis:
For the claimant's claimed condition of BILATERAL HEARING LOSS, the diagnosis is bilateral hearing loss. The subjective factors are the claimant report of hearing loss. The objective fators are audiometric findings.
For the claimant's claimed condition of TINNITUS, the diagnosis is bilateral persistent tinnitis. The subjective factors are claimant report of tinnitus. The objective factors are the claimant's subjective report.
For the right ear, the claimant has moderate, mixed (sensorinural and conductive) hearing loss. For the left ear, the claimant has a moderately severe mixed (sensorineural and conductive) hearing loss. If treated the problem will cause a change in the hearing threshold level because resolving any middle ear pathology can improve air conduction thresholds.
Answers to the questions from VA
In reference to the question "IT IS LESS LIKELY AS THAN NOT THAT THE VETERAN'S HEARING LOSS IS RELATED TO ACOUSTIC TRAUMA FROM COMBAT NOISE", due to the presence of an air-bone gap bilaterally with flat tympanograms normal ear canal volumes and absent ipsilateral acoustic reflexes.
It is as least as likely as not that the veteran's tinnitis is related to acoustic trauma from combat noise due to the reported time of onset and the noises inherentin those duties that are known to cause tinnitis.
If anyone can shed some light on these findings and what to expect from my RSO please help me. thanks in advance.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
navydoc2
I received copies of my c&p physicals today for both my claims of increased depression and bilateral hearing loss with tinnitis. Here are the findings of the increased depression: I also have a TDIU claim
Axis I Major Depression
Axis II defer
Axis III See Med list
Axis IV Unemployment
Axis V GAF score is 50
The veteran cannot work due to anxiety, agoraphobia and worsened depression
The prognosis is guarded. He is mentally capable of managing benefit payments in his own best interest. Mentally, he occasionally has some interference performing activities of daily living because of his left Knee and depressive problems. He has difficulty establishing and maintaining effective work/school and social relationships because of his isolation. The best description of the claimant's current psychiatric impairmentis: psychiatric symptoms cause occupational and social imparment with occasional decrease in work efficiency and intermittent inability to perform occupational tasks although generally the person is functioning satisfactorily with routine behavior, self care and normal conversation. The above statement is supported by the following symptoms: depressed mood, anxiety, suspiciousness, chronic sleep impairment and mild memory loss such as forgetting names directions or recent events . He has no difficulty understanding commands. Based upon the examination, the claimant needs to seek follow up treatment. The claimant requires therapy and medication management. This information was conveyed to the claimant during the examination. The claimant does not appear to pose any threat of danger or injury to self or others.
Audiology: puretone
right
500hz 1000hz 2000hz 3000hz 4000hz b+C+
30 40 35 50 40 41.25
left
500hz 1000hz 2000hz 3000hz 4000hz b+C+
35 40 40 65 60 56.25
Diagnosis:
For the claimant's claimed condition of BILATERAL HEARING LOSS, the diagnosis is bilateral hearing loss. The subjective factors are the claimant report of hearing loss. The objective fators are audiometric findings.
For the claimant's claimed condition of TINNITUS, the diagnosis is bilateral persistent tinnitis. The subjective factors are claimant report of tinnitus. The objective factors are the claimant's subjective report.
For the right ear, the claimant has moderate, mixed (sensorinural and conductive) hearing loss. For the left ear, the claimant has a moderately severe mixed (sensorineural and conductive) hearing loss. If treated the problem will cause a change in the hearing threshold level because resolving any middle ear pathology can improve air conduction thresholds.
Answers to the questions from VA
In reference to the question "IT IS LESS LIKELY AS THAN NOT THAT THE VETERAN'S HEARING LOSS IS RELATED TO ACOUSTIC TRAUMA FROM COMBAT NOISE", due to the presence of an air-bone gap bilaterally with flat tympanograms normal ear canal volumes and absent ipsilateral acoustic reflexes.
It is as least as likely as not that the veteran's tinnitis is related to acoustic trauma from combat noise due to the reported time of onset and the noises inherentin those duties that are known to cause tinnitis.
If anyone can shed some light on these findings and what to expect from my RSO please help me. thanks in advance.
navydoc
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