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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Gmann_2010

Seeking Advice

Question

Hi Everyone,

Sorry if this is not the correct forum to post this too, as I have different issues that stems from having PTSD.

I am a retired Air Force member with 50% service connected disability for adjustment disorder and lower back strain, recently a VA doctor diagnosed me as having PTSD/Bi-Polar disorder, and stated that both conditions were "military related" and 'inextricably intertwined" and that the initial diagnosis for adjustment disorder was not correct.

So I filed for PTSD and Bi-Polar with the Lincoln NE VFW, and was initially denied my claim through the C&P exam which we all know is a joke. I appealed their initial decision and recently spoke with the DRO, who also seemed skeptical and unwilling to hear my claim/case.

So after speaking with the DRO the way it stands now, she was willing to consider PTSD, but that I would have to get a separate diagnosis for service connected Bi-Polar disorder, even though the VA's own doctors had already stated that both were "military related" and 'inextricably intertwined". :P

I understand, that the VA will rate for only one mental condition that not my problem, the problem is that if the VA's own doctors are going to diagnose both of these conditions, then I want the VA to recognize both. I shouldn't have to go through explaining to the DRO or anyone else within the VA what has already been diagnosed and recognized through their own doctors. :)

To suggest that being Bi-Polar may be considered as being heredity, the VA cannot rule out the fact that my current conditions were not caused or aggravated from military service, which was already recognized by their doctors, and as a minimum should be awarded as secondary service connection, secondary to PTSD.

The way I see and understand it the VA cannot have it both ways either, either the VA must recognize both the PTSD and Bi-Polar are "military related" and 'inextricably intertwined" as their doctors stated or they are not as the DRO stated at the DRO meeting. They have re-schedule me for a second C&P exam on 30 March 10 although I must admit I know it will be waste of my time.

On a side note, I was also injured playing a game of flag football where I was rocked off my feet and suffered a concussion which has caused me to have several problems like headaches and dizziness ever since, the incident occurred back in 93-94, and the VA is stating that the reoccurring symptoms I am experiencing is brought on by PTSD, which I know isn't true because I had these problems long before the incident which caused me to have PTSD. ;)

The VA neurological social case manager stated that the problems I am having with my MTBI couldn't have been from the football injury as that was so long ago, and because the MRI scan didn't show anything significant, suggested stress was the root cause.

Well that would be fine except to say we all know the MRI will not show everything, and just because the MRI didn't show anything doesn't mean the my brain didn't physically heal appearance wise, since the football incident happen so long ago. B)

So my questions are what recourse should I take next? I have thought of contacting my Senator or/Congressman and having the VA explain to them their reluctance in ensuring I was treated fairly, but want to wait and see how my next C&P exam goes, and I have thought to pursue this in court.

The VFW (My POA) advised me that taking these issues to court would be a waste of time because the courts would only be concerned with how the claim was processed, (i.e. timely filed, etc…) which I highly doubt it, but never having this happen to me before I am not 100% sure either.

I'm sorry for the lengthy story, but I need to get all the facts out. Thanks for your time and assistance, your Brother in arms!

Gmann_2010

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