ptsd I'm Back With A Good Update Since I've Been Gone!

[RockyA1911]

Hey Berta, John, Pete, and Carlie. I'm sure you folks recall who I am and when I came to this board in 2005 I think I had been getting 10% and then filed my claims paying attention to you folks recommendations.

Well to bring you all up to date, I got a package in the mail today from the VARO that finally completed (or almost) my NODs appealing that that they should separate TBI and PTSD in lieu of combining them at 50%, so they did that by using the new TBI evaluation criteria of 38 Oct 2008, so now in lieu of previous 50% for TBI residuals with PTSD, it is now 70% for PTSD and 70% for TBI, they also corrected their error in rating me previously at 30% for skull loss and corrected it to 50% for skull loss. So now excluding the 100% for larynx cancer, I am

70%- PTSD

70%- TBI

50%- Skull Loss

10%- Scar on Head

10%- Tinnitus

They said this was a partial award for the skull loss with earlier effective date of 28 Nov 1976 and that I would be receiving a statement of case addressing the earlier effective date issue.

I had been currently rated at 100% since 19 Oct 2007, the date of the diagnosis for my larynx cancer. I got a letter last Feb, 2009 that stated there is no change and that 100% rate will continue. That letter also stated improvement could be expected and that a future exam may be requested.

I guess with the letter I received today stating I am permanent and total with SMC of $320.00 per month housebound. The SMC was statutory becauase I have the larynx cancer that is one disability rated at 100% and then my previous others combined to over 60% and that is the criteria for housebound SMC they said.

I assume once or if I have another C&P for the Larynx Cancer and if it is stabilized, I guess they would reduce that evaluation down to the residuals such as laryngitis, hoarsness, etc which I think is 10% and then they would just drop the $320.00 housebound award.

So the only thing left pending is the SOC for the EED back to Nov 1976 for the 50% Skull Loss that was claimed back then, C&P Exam done then using the same evidence dated in 1973, that they used to award SC for the Skull Loss in Mar of 2005. The 1977 award letter even states in the text the xray results and the 4.5 x 4.5 skull loss. The award letter just awarded 10% for Post Concussion Residuals and didn't deny nor award the skull loss at all. I know John, Pete, Berta, and Carlie recall this whole fiasco I hope. I had submitted a CUE for the EED for skull loss and that is the issue I am awaiting a SOC for.

I really don't understand how they could fight the EED as they stated in the award letters that the medical records from Great Lakes Naval Hospital medical board findings from 1973 is what they used to award service connection for skull loss in Jan of 2007. These same records were utilized in the award of the post concussion residuals of which the skull loss and crainioplasty along with crainotomy were addressed in the same medical board findings. I utilized the VAOPGCPREC 4-2004, 28 May 2004 from General Counsel (022):

"HELD:

For a final Department of Veterans Affairs (VA) or Board of Veterans' Appeals decision to be reversed or revised under 38 U.S.C. § 5109A or 7111 (clear and unmistakable error) on the ground that VA failed to recognize a claim for veterans benefits, it must be concluded that: (1) it is obvious or undebatable that, when prior filings are construed in the claimant’s favor, the pleadings constitute an earlier claim for the veterans benefit that was subsequently awarded by VA; and (2) VA's failure to recognize that claim manifestly affected the subsequent award of benefits. VAOPGCPREC 12-2001 is hereby superseded by this opinion."

Once would think since I furnished them copies of their own VA records with their stamp on them, that they would concede the earlier effective date. They have:

(1) The original claim form with three claimed issues on it dated a week before I was discharged from the Marine Corps in Nov 1976. The Claim for clearly claimed "Post Concussion Residuals" and "Skull Defect 4.5 x 4.5 cm", the third was pilonadal cyst.

(2) The C&P Exams along with their own request for exam sheets of which an exam was requested for Post Concussion Residuals but stated NO Exam for Skull Defect on the form. The VA Neurologist verified in the C&P that there was a 4.5 x 4.5cm skull defect and addressed the medical board findings of GL Naval Hosp and even addressed the crainioplasty. The General Med Exam resolved the pilonidal cyst issue. The reason they did not request an exam for the skull defect is because they had all the Navy's surgical procedures and medical records and board findings.

The Skull Loss even then in that CFR states they cannot combine the Skull Loss with any other disability or evaluation under DC 5276.

So I am wondering what gives with this SOC stuff, I did it right as Berta helped me with it. I should have gotten 60% combined rating from 28 Nov 1976 to 28 Mar 2005 as I was only receiving 10% rating for post concussion residuals. 50% for Skull Loss and 10% for post concussion residuals comes to 55% rounding up to combined total of 60%.

I already have a Disabled Veterans License Plate for Illinois and also a Uniformed Services ID Card for commissary and exchange privilages.

I will keep you all posted on what this future amazing SOC has in store for me on the EED issue for Skull Loss.

As far as the larynx cancer, I went through the 35 radiation treatments and 2 of the scheduled 3 chemo and completed that in Feb of 2008. I get check ups every 6 weeks now and there is still swelling in the false vocal and vocal chords. The doctors believe the swelling or edema as they call it is a culmination residual of the radiation treatments, so far so good I guess, as they said they are looking for any changes that are significant in the tumor area every 6 weeks. I have my taste back now, my voice is crap and no chance of every singing country music or any other music at all as I can't even carry a tune. I completely loose my voice off and on, but at least I am thankful that I still have a voice at all.

Oh, I think VIKE 17 had looked at all my CUE evidence too.

[jbasser]

good for y ou Rocky. Enjoy the SMC. It is a godsend.

J

Edited October 1, 2009 by jbasser

[Pete53]

Glad that you are back hope that you recover well

[Stretch]

Good to see you back Rocky. Congratulations on your claims.

[carlie]

Rocky,

Great news !

I sure hope you get that EED for skull loss.

carlie

[john999]

Good to see you back, Rocky. Don't be too surprised if VARO denies the EED for skull loss. When they see 30 years of retro looking them in the face they tend to not want the responsibility of awarding such a claim. It is easier to deny it and see if you will appeal.