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Exisiting Claim Then Somehow Another One Is Started?

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USMC_HVEQ

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I had recently put in a claim for an increase back in Nov 2009 for: PTSD (currently 50%), shoulders and Sleep apnea (intial claim on that). When I put the claim in, I'm sure they got confused at the VARO. I thought my sleep apnea was attributable to possibly my PTSD (in the fact that i became obese, witht eh depression side of it, gaining 150+lbs). I also thought my HTN may have played a role. I had yet to have a sleep study at the time of putting the claim in.

Well what happened next was not a shocker. I had my C&P exam for PTSD, which by all accounts appears that I will get an increase to 70%. I had ortho C&P, i don't think things will change their, but i did think i had arthritis, but I'm not a doc. I might have gotten an increase due to limited ROM but doubtful. I then had a general medical exam, which the doc said it was for an increase in HTN, which I was like, no)))), I'm already SC'd for HTN and on meds. I know for a fact, I don't meeet the criteria for a higher percetnage. All 3 of these took place in Feb 2010. I submitted a letter, in which I thought was a statement in support of my claim in my own words. Well I just come to find out, that they took that letter as a new claim for increase due to IU. I just rec'd the paperwork last week. In the meantime, I rec'd a phone call with all these other C&P exams. One of the C&P exams for IU was yesterday. In the interim, before this latest C&P and the previous C&P exams, I had a sleep study conducted on 3/31/10. It said I had major OSA due to hypoxemia, amongst of things. Then yesterday, 5/19/10..I showed up for the C&P. I had sent in a letter to the VARO on Friday requesting that the last claim due to IU be withdrawn as it was mistaken. The VARO had interpeted my personal letter in which I said I've worked sporadically, as a claim for IU.....sorry if I lost people with my rambling just then.

So, I had told the Nurse practioner, that no in fact I can work. My periods on unemployment were due to lack of work, not because of my SC'd disabilities. Now it seems like one big gaggle F***. All I wanted was my stuff increased to say 90% and still work. Physically, I can sit in a machine and move levers, not much of a problem. I've already assumed since I did not have an IMO for sleep apnea, and it appears no where in my SMR's that it iwll be denied. I do have a cpap machine coming on tuesday from the VA, doubt that makes a difference. I had already sent in the VAAC or VACC, paper on the claim asking to have it rated already. We shall see what comes of all this. I do know on my PEB from the USMC, that obesity was mentioned as a non-compensatable injury. I'm wondering if this will help my claim at all?? I've had >19" neck for over 10 yrs, even before I put on all the weight.

I'm interested in any comments or answeres you may have.

thank you for your time reading this

Semper Fi

Semper Fidelis

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  • Content Curator/HadIt.com Elder

You can call the 1-800 number or get with your VSO and check something. While going through my C-file, one of the header pages contained a lot of boxes with a variety of information. In one of them (can't recall the name of it), it shows your scheduled future C&P exams and may also explain why. Mine indicates that I am due to have another exam in January for one of my SC conditions. That may be the reason why they wanted to do a C&P for HTN. Regarding it being an increase, that might be possible. If you have a VSO with a POA, they have access to your records and can submit claims for you. I went to the DAV and requested a claim for a number of issues, but when I got a letter from the VA, they added two additional things of which were opined 'as least as likely' in the C&P exam. I don't know if your claim is being handled like mine, but it is a possiblity.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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So you put in a claim for increase for PTSD and sleep apnea, and shoulder pain and the the VA gives you 2-3 extra C&P exams for other conditions, right? Seems like they are leaning towards TDIU claim. Especially with the remarks made from sleep apnea. Do you utalize a VSO? What didn't you call the VAMC C&P exam section at the hospital and ask why/what the other exams were for, prior? Did you ever try to contact your VARO by phone or by iris to find out what was proceeding here.

Most of the time the VA drops the ball, here it looks like the ball keeps bouncing from one to another.

Hope you get it straightened out soon, and receive what you are seeking. ;)

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thanks halos,

I used a VSO in the past. On eBenefits, it list Vietnam Veterans of America (only VSO i ever had helping me was a VEt center). You are correct in the fact I put in for an increase. The werid thing is, I went to the 3 c&p exams, in Feb 2010, for that claim started 11/2009. I sent in a letter of support, describing what effects they have on my daily life and work. I mentioned that I worked sporadically in the union. I did not say I want TDIU or I cant work. Somehow an additional claim was started a new claim for TDIU. I never rec'd the decision on my claim from Nov 2009. In between my C&P exams in Feb '10 and the newest mistaken claim's c&P exams, I had my sleep study finally done. I did not get an IMO, nor did I have a c&P exam for that ethier. I expect it to be denied and have to appeal int he future. The good thing is I'm gettign my CPAP machine on tuesday. I'm less concerned if OSA is service connected, but believe it is due to my SC'd issues. I went to a C&P exam in Boston this past week(WED 5/19/10). The examiner told me it was for TDIU and to evaluate my injuries with ability to work (occupational exam). The examiner also asked my work history. I told the examiner that I wrote back to the VARO boston, the prior friday (5/14/10), asking that the claim for TDIU be withdrawn.They had 2 other C&P exams scheduled for June, one for audiology (tinnitus SC'd) and Psych.

We shall see......

Semper Fidelis

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