Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Back And Forth

Rate this question


Quibley

Question

To make a long story short, I've found out that my three claims: PTSD, TBI and TDIU were all sent to the rating board, rated, and sent to authorization. At Authorization they were sent back to the rater. On 29 June I was returned to development and my c-file was sent to my local VAMC for an opinion.

I have an IMO with a diagnosis of PTSD to include depression, and GAD, as a result of in-service physical assault, The Doctor who conducted my TBI C&P diagnosis stated that my TBI was caused by head trauma as a result of an in-service personal assault. He also stated that I suffered from PTSD, depression, and a few others things. The Doctor who did my PTSD C&P is a former colleague of the Doctor who did my IMO and she gave me a diagnosis of PTSD to include depression, and GAD and she stated that it is at least likely as not that my PTSD, depression and GAD are a result of in-service personal assault and harrasment.

I"m in weird situation. I pulled the cart before the horse. When I first filed my claim for PTSD, I was not eligible for treatment within the VA healthcare system. In January, I was rated at 10% for tinnitus and was enrolled into the VA healthcare system. At that time, I began receiving mental health treatment at the VAMC and have an assigned Psychiatrist. Although I"m not certain, and I"m sure it doesn't shock anyone who knows the VA system, he gave me a diagnosis of GAD, depression, adjustment disorder and borderline personality disorder. I don't dispute the diagnosis but I certainly believe that my conditions is also symptomatic of PTSD and do did two Ph.D's and a clinical social worker at the Vet center who first identified me and gave me a PTSD assesement which got the ball started. My newest and latest GAF is 35. I had some stuff happen recently and I'm homeless again.

I don't want to make anyone offended with my language but I think I'm about to get royally *ucked by the VA.

Any thoughts/ideas?

Thanks as always,

Quibley

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • Content Curator/HadIt.com Elder

Many of us are in a similar boat. We see our claims cases bounced back and forth for no obvious reason at all. My case was in ratings, went back to development for a couple of hours, then back to ratings. Sometimes the raters need more information and kick it back. Even if your case goes to authorization, it still may not mean much. Your VSO might get sent a letter telling what they think, but if something does not check out, it could go all the way back to development and creep its way back through the system again.

"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.

 

Link to comment
Share on other sites

VA will only rate you for one mental conditions and everyone you been diagnose with come under Post traumatic stress disorder (ptsd)

mobie16r

Link to comment
Share on other sites

  • HadIt.com Elder

You have DX of TBI, GAD and depression. You don't need PTSD to get a 100% rating. The personality disorder may or may not be a factor in your GAF. If the doctors agree that your GAD and depression are service connected you don't need to prove PTSD. PTSD is another kind of anxiety disorder as is GAD. If you have TBI, depresson and GAD that is plenty. Its does point to PTSD, but it is not necessary to chock on that DX. TBI may explain your personality disorders.

Link to comment
Share on other sites

I found out today that the reason they kicked it back for an opinion is that the reviewer declared my PTSD C&P exam invalid due to my examiner not having my c -file when she conducted my exam. It seems the VA keeps chopping me off at the knees every chance they get.

Here's the kicker: they aren't going to have me take a new C &P - they are just sending my C-file to a doctor (don't know which one) and asking him or her to write a new opinion. I'm not sure what to say to you guys. I'm just kind of stunned and pissed off. 15 months into the process and they invalidate my C&P for a mistake they made, not me. Comparatively speaking, I don't think the VA likes awarding service connection for non-combat PTSD. Period. I also don't think they like the fact that I had multiple pieces of documentation and two diagnoses.

If they declared my C&P invalid, and they get a new medical opinion from a Dr that I have never seen, I wonder if that is grounds for a CUE.

Oh well, I just wanted to blow off some steam.

Quib

Edited by Quibley
Link to comment
Share on other sites

Well for what it's worth, when I logged on to VA eBenefits today, I am out of development and back to the decision phase. Hope to hear something soon.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • 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.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • 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.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      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”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use