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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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autumn

Getting Data For A Ptsd Claim - Requesting Comments

Question

my question is at the bottom after the background info. sorry, i know its long. this uphill VA battle is like a broken record, hope you understand

[a little background]

active duty 1986:

-back injury

-surgery scheduled

-LP#1 shows CSF infection

-surgery canceled

-neuro issues start

-sent to shrink for neuro issues

-LP#2 shows evidence of MS + csf infection

-LP#3 shows evidence of MS & CSF infection going down

-still seeing shrink for neuro issues

-navy neuro writes LP tests/MS were false neg

-hon-med discharged: 20% HNP lower back, 10% major depression secondary to chronic pain

civilian 1987:

-in VA system

-divorce

-end up on the street, less than a year

-drinking increases

-try to quit medicines and drinking, 2 suicide attempts then

-many times asked the VA to redo the Navy LP tests to rule out MS

-still having those weird neuro exacerbations, though no diagnosis for it

-VA lists me as major depressed, depressed with psychotic-tendencies, bi-polar, and a few other weird labels

-i believed the VA diagnosis versus what my body was/is telling me

-i start to think i'm really nuts, and really start to withdraw, little trust in most people

-stopped drinking in 1990

-neuro relapses getting more frequent and lasting longer

-severe hearing loss with ringing in ears. VA gives me hearing aids

-VA still denies MS, won't adequately test for it, puts blame on everything but a neuro disease: i.e., drinking, smoking, mini-strokes maybe, migraines, and all those weird MH labels, etc

-move to different city, and VA reluctantly agrees to MRI for MS: if something shows, they'll do a LP

-MRIs return "dawsons fingers, demyelinating disease in brain", LP positive for MS

-start getting IMO's from board cert'd MS neuros and neurosurgeons. all return assessment with MS

-VA finally agrees to ABC drug, but only after IMO reports, though the VA discounted all IMO's

-attend VA anger management classes due to i can't really handle all this any more

-get scared and angry just going to the VA.

-MRIs a year later show new lesions on spine from IMO requested MRIs. VA discounted those

-filed appeals claim for MS, had C&P for MS, waiting on decision

-SSDI awarded for MS, etc. tried working but i just can't hang (pain & irritability)

-now the VA says there is no evidence of bi-polar or psycho whatever. symptoms likely due to demyelinating disease. i told them that for 23+ years!

-no doubt i'm depressed/anxietied in some way, at the least due to MS symptoms, etc

-no doubt i'm anxietied in some way, at the least due to mis-diagnosis/labeled over the years from VA med care

just looking for a little practical guidance regarding a ptsd claim or maybe a MH claim. the above is all documented in mil med records and va med records and IMO med records.

i looked at tbird's link, "Ptsd - Check This Before Posting Your Question It May Have Already Been Answered!" and i think i meet a stressor or two that is acceptable to VA?

i don't know, i put it out here to seek some answers. i sure can't get any from the VA that i can wrap my head around.

question:

i feel like i have some form of ptsd, though non-combat related. i want to file a claim for ptsd. with the above history, is that what i should file for?

tia,

autumnleaves

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Autumn,

Put in a claim for PTSD...no wonder you have it from the stressors they put you through too. Review all your smr's and personal hosp/clinic/dr records and see what other diagnoses you may have too that are related to one's sc and also one's that may be secondary to sc. Also what was the diag of tinnitus related to? Service mos? Additionally mobility issues you may have? Put in for TDIU as you are unable to work or be gainfully employed related to your MS diag. If the VARO deny your claims appeal them through sumitting a NOD(notice of dissagreement). What specifics are written in your IMO? Will post further with more info to your replys.

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Autumn,

I'm sorry you've been dealing with these issues and getting the runaround.

It might be easier for you to contact a Veterans Service Officer (VSO) to help you with this process.

You can find out who they are by CLICKING HERE or contact the VA.

Hang in there!

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I agree with halos2 file your claim for PTSD. I would also recommend you start getting some treatments.

good Luck and thank you for your service!

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"though the VA discounted all IMO's"

Can you expand on that? Did they ignore them completely and never mention them as evidence or did they provide a full medical rationale to discount them?

Did these IMos comply with the IMO criteria here at hadit?

"SSDI awarded for MS" does VA know that and have they gotten the SSA records?

Did any documented symptoms of the MS appear either during your military service or within 7 years after your discharge?

Do your IMOs definitively confirm you have MS?

Did the IMos take into account the VA possibly misdiagnosed you?

Did they provide a nexus statement and refer to your SMRs and those 7 years after your discharge?

Can you scan and post here the reasons and bases they used to discount the IMOS? (cover the personal stuff)

If MS is symptomatic =be documentation and medical evidence-at a level of 10% disabling within the first 7 years after discharge there is a presumptive regulation to award SC for it.

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I realised I didnt address the PTSD issue but this case is a good read as to how MS is awarded:

http://www4.va.gov/vetapp10/files1/1010499.txt

If a doctor states you do have PTSD and it is secondary to the MS, that is what you need to support a PTSD claim.

Also there could be basis for a Section 1151 claim here.

Section 1151, 38 USC states that if the VA, via misdiagnosis, omission of acts, improper medical care, wrong meds etc-negligently

causes a veteran an additional and ratable disability directly due to their negligence-then the level of the 1151 disability will be granted "as if" service connected and compensated.

Do you have a vet rep?

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