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

Getting Data For A Ptsd Claim - Requesting Comments

Rate this question


autumn

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

Link to comment
Share on other sites

  • Answers 30
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

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.

Link to comment
Share on other sites

"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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

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?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

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

-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?

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

autum,

Are you still receiving 10 percent SC comp for major depression secondary to chronic pain.

Do you have a PTSD diagnosis ?

What exactly do you feel has happened to support, " i think i meet a stressor or two that is acceptable to VA"

carlie

Carlie passed away in November 2015 she is missed.

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

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use