hypertension Seeking Advice

[Hambone11B]

First off let me say thank god for google because I would not have found a website such as Hadit.com to aid in my troubles.

Ok, quick sitrep is as follows. 80% overall rating

50% Sleep Apnea

30% PTSD (should be 50% based on there guidelines for a higher rating in the review)

10% hypertension (should be 20%)

10% Left Shoulder strain

10% degenerative disc disease of the Lumbar Spine

10% cervical strain

Denied Claims

TBI

Major Depressive disorder

Anxiety Disorder

Left Knee condition

Sleep Disorder (this claim was never reviewed and I was never given a decision for anything sleep related other than sleep apnea, not sure if this was not included because of miscommunication between myself and the VFW rep who helped with my initial claims or if this just falls into the category of PTSD/ Depression, Anxiety Disorders or what the case may be.)

On 12/16/2008 it was decided that I would be released from the Army under the proceeding of a Chapter 5-17 with an honorable discharge. This was decided based upon Depression and anxiety disorders. In the ratings decision review they based there findings on a report of depression and anxiety first reported on 12/16/2008. My biggest problem has been locating the records for any treatment before this as all of these issues did not come up on the date stated above, I had been recieveing treatment for these issues for the 6-7 months prior to this decision. Where can I find these files? I have done the process of requesting my records from St. Louis and all they sent me back was a few copies of my DD214 and other nonsubstantial papers and did not include anything to do with my mental health records. I have requested them from where I was stationed and from the VA I currently go to and have ended up with nothing.

Another giant problem I am having is related to records of anything that happened to me while I was in Iraq. I served In Iraq from Feb 2007-Apr 2008. I went to Baghdad as an infantry soldier during the first wave of The Surge and performed my duties from a Combat Outpost which meant I did not have access to regular medical facilities and many injuries were treated by medics in my company and were not recorded into any medical records. IED explosions, Mortar attacks, RPG attacks I was subjected to and any injuries sustained as a result of these were not recorded and thus alot of my claims would be based on word of mouth and evidence based on soldiers testimonies. These were the bloodiest months of the war and unless I had a severe injury that required immediate medical attention, we were not going to risk any casualties to drive on black routes to take someone to the green zone based on something like a possible concussion or back pain. Thus my problem with any medical evidence to support my claims. ( I feel I am rambling a little so I will conclude this lol)

Basically, what I'm looking to find is if there is anyone else out there who has gone thru the same process and ask them how do i go about this and if it is worth it in the end. How long does all of this take and as I plan on putting in paperwork for TDIU within the next week, what can I do in the meantime to support my family? After going out and trying to find gainful employment I have come to the conclusion that I am unable to work with my current issues and appointments as a result of these issues. I know that this is partially my fault as I have not gone about this in the quickest of manners, but after the army that I had grown to love and gave my life to for five years with plans of going for many more told me that I was broken and they no longer required my services, I was left feeling "what next ". My biggest claims and most severe problems are the ones that they denied right off the bat.

Anyways, Thank you for any replies and any thoughts or advice you could give.

[LarryJ]

Okay. First of all, FILE THAT VA FORM #21-8940!

Secondly, I will not be held liable for anything, period, 'cause I'm just that way!

You cannot file a claim "for service connection for IU". Filing for TDIU, with the aforementioned form 21-8940, IS SEEKING AN INCREASE IN AN ALREADY SERVICE-CONNECTED AND RATED DISABILITY!

If you need help in finding your SMR's (service medical records) simply PM me (if I can FIND MY OWN smr's from 1963...INCLUDING THE X-RAYS........I'll almost wager I can find yours (I'm a tenacious old bassturd)!

Buddy Letters........that's nice.

Why are you requesting a re-evaluation of PTSD? This service-connected PTSD should be the (that and the sleep apnea) hook that you hang your hat on, for your TDIU "increase" (and, if you fill out the 21-8940, you'll see what I'm speaking of.

just sayin...........

sorry now but I must go baste my goat..............

[Berta]

Larry -as always you are RIGHT! That stuck out to me too- it doesnt say the TDIU form is enclosed.

I will attach it.

Yum Yum chevon is delicious.

"I don't want to question the guy as he is helping me but from wh" Unless he is a volunteer rep he is well paid to answer any question you have.

You can file it out, send it in and give him a copy of it.And keep copy for yourself.

This concerns me :

"I have done the process of requesting my records from St. Louis and all they sent me back was a few copies of my DD214 and other nonsubstantial papers and did not include anything to do with my mental health records. I have requested them from where I was stationed and from the VA I currently go to and have ended up with nothing."

You mean you filed this request with a SF 180?

I would think that the VA itself would have these records by now but NARA usually states that in reply to a records request if they have already been sent to the VA.

Have you applied recently for SSA disability?

You might find the records at the SSA office where you applied?

I found all of my husband's inservice and VA medical records in a large stack on a dolly at the SSA office shortly after he applied for SSA.

The stack at SSA even included VA medical records that VA said did not exist.

If you haven't applied for SSA disability check Yes to # 18 and apply for these benefits.The SSA web site has an application on line and has info as to determining your eligiblity.

On # 25 Remands on the TDIU form refer them to separate page and tell them how your primary SC conditions hinder your ability to work.

I agree with Larry that the PTSD and the sleep apnea should be enough to award TDIU.

Why was the past TBI claim denied?

When was it denied?

TDIU 21-8940.pdf

[broncovet]

Hambone

Pretty much most of us have gone through the same process, with different wars, different disabilities, but same BS from the VA...mostly delayed and denied. I think I can safely say that most Veterans who have gotten VA benefits have gotten them only after appeal(s).

A denial doesn't mean you don't deserve benefits, it is often a test to see if you will put up with VA's bull for years or decades in order to win your benefits. Contrary to what the VA says, MOST of the time the first RO decision is pretty much automatically denied, because the VA knows that most Veterans wont appeal.

I did know ONE Veteran who got 100% benefits on the first RO decision, but she is not on this forum anymore, and I have not heard anyone else here say they got their full benefits on the first RO decision. Im not saying it cant happen, but it is definitely in the minority.