ptsd What To Do About Claim?

[USMC_HVEQ]

Hi,

I am more or less venting at this point. I am extremely aggrevated with the Boston VARO. I filed a claim back in November 2009 for an increase in PTSD, bilateral shoulder subluxation & sleep apnea. I am sc'd on ptsd & shoulders but not on sleep apnea. I thought the sleep apnea may be caused from my obesity or my HTN (high BP). I had C&P exams in Feb 2010 for PTSD. Everything in the C&P results points to increase from 50 to 70% for PTSD. I am okay with that. My shoulders C&P exam, the examiner put down my ranges of motion and pain levels, not much else since most was already in the records. So, I'm doubtful that anything will change there, but i am optomistic. Maybe 30/20 vs 20/20. Now I am also SC'd for HTN @10% & Tinnitus @ 10%. When I thought my sleep apnea may be due to my HTN, they had me in for a C&P exam. I was not aasking for an increase in HTN, which is basically what that doctor was looking for. I am currently on medication for it. It was diagnosed in service. Those were the only C&P exams i had done at that point in Feb 2010. I was still waiting on my sleep study to see if Indeed I had sleep apnea or not. I had this done on March 31, 2010. The results basically said yes, you have sleep apnea. About 3 wks after, the sleep study, I rec'd my C-PAP machine from the VA. Now I am not currently SC'd for sleep apnea. I thought it may be due to my obesity (from weight gain in PTSD/depression or HTN). I still don't know where that stands. I filled the VACC or VAAC form and sent it back to the VARO saying ok, you have everything. So another month goes by with no news or anything. I signed up for eBenefits and noticed another claim dated 2/17/10 for TDIU. I never filed the claim. I inquired and the VA stated, that since I mentioned sporadic work over the past 2 yrs, they filed the TDIU claim for me. Now that is all well in good, that they finally thought of TDIU for me. I'd rather be 100% schedular and reserve the right to work. I am currently in a union, which accountants for the sporadic work. I also changed careers due to my PTSD to construction field. So, with finding out that news, I rec'd the TDIU paperwork a few days later. I respond asking that this claim be withdrawn. I knew this would hold up my prior claim from Nov 2009. I have also filed numerousVA IRIS requests asking that the TDIU claim be withdrawn. The IRIS response stated the VARO have rec'd my request in writing and via the IRIS response to withdraw the claim. I keep check and checking to see if anythign has been done. My most recent IRIS response this week stated, they don't have my records. My claim records are still at the VA where the 3 TDIU C&P exams were ordered. I attended 1 of them and told the examiner, I never put in for it. The exam went very quick. She stated she was to only address TDIU. I thought it may have been for sleep apnea, that is why i went. I tried to call the lady that originally set up the appointments to tell her I wasnt going to the others, because I had already requested this be withdrawn. This is the biggest run around! Like WTF!! Why cant the friggin VA clinic send the records back to the VARO Boston, so my claim can move forward. This has been going on for almost 2 months, but i just found out about it. Sorry for the long post & rambling. To all, who took the time to read this, thank you.

What the hell do I do now?

[carlie]

USMC,

Testvet is right.

You did not file a claim for IU but you are 80 % SC'd - there is a rule VBA

is supposed to follow that states to the effect anytime a vet is rated 70 % or higher,

VBA is supposed to see this as an inferred claim for IU and send you a 21-8940 form

for you to complete and sign, then submit a copy back to them.

jmho.

[john999]

USMC

To screw up your TDIU claim because you want to work and get 100% schedular is a little bit greedy. You are passing up the bird in hand for two in the bush. You are apt to end up with no job, no TDIU and no 100%. You are not only looking the gift horse in the mouth but looking all the way to the colon. You say you changed careers to the constructin career. Where is the construction? I live in Florida and there is no construction here.

[USMC_HVEQ]

old joe & others,

the problem is I have a degree in Finance. It makes it hard, not being able to work . With a degree, I can do something in the VA's eyes. I am working in construction, operating heavy equipment (which i did in the military) in the NE area sporadically. It is something physically I can do. I can sit down and pull levers. The periods of unemployment when I changed careers were due to lack of work, not being able to find a job wasnt a reason. Not being able to work becuase of my disabilities wasnt a reason either. I am not trying to look the gift horse in the mouth. I'm just saying I want the choice. I have thought about working for the VA myself possibly helping other vets. I am aware of VA suppose to infer about TDIU, and send forms. I mailed them back in immediately. I asked for that to be withdrawn because I know I would not qualify for it and it would just draw stuff out. You have to have employers say you cant work becuase of everything. Most are willing to work with me aroudn certain things. I appreicate all the advice/comments.

[pacmanx1]

USMC_HVEQ

the problem is I have a degree in Finance. It makes it hard, not being able to work . With a degree, I can do something in the VA's eyes. I am working in construction, operating heavy equipment (which i did in the military) in the NE area sporadically. It is something physically I can do. I can sit down and pull levers. The periods of unemployment when I changed careers were due to lack of work, not being able to find a job wasnt a reason. Not being able to work becuase of my disabilities wasnt a reason either. I am not trying to look the gift horse in the mouth. I'm just saying I want the choice. I have thought about working for the VA myself possibly helping other vets. I am aware of VA suppose to infer about TDIU, and send forms. I mailed them back in immediately. I asked for that to be withdrawn because I know I would not qualify for it and it would just draw stuff out. You have to have employers say you cant work becuase of everything. Most are willing to work with me aroudn certain things. I appreicate all the advice/comments.

If you don't mind sharing, what are your service connected disabilities and their rating percentages? I only ask because, you may not be close enough to get the 100% schedular. All you have to do is have a 95% and VA will round up to 100% but I don't know. I know that the average veteran that is awarded 100% schedular is really like 230% but VA combines their ratings and only award 100%

Edited July 26, 2010 by pacmanx1

[carlie]

USMC,

Did you ever get a rating decision on your sleep apnea claim ?

[USMC_HVEQ]

If you don't mind sharing, what are your service connected disabilities and their rating percentages? I only ask because, you may not be close enough to get the 100% schedular. All you have to do is have a 95% and VA will round up to 100% but I don't know. I know that the average veteran that is awarded 100% schedular is really like 230% but VA combines their ratings and only award 100%

ratings breakdown

10%-HTN

10%-Tinnitus

20/20 (combined 40%)-Bilateral Shoulder subluxation

50%-PTSD

I have an increase for PTSD to go to 70%, my shoulders may get increased for limited motion, and I also have sleep apnea, not sc'd yet (on a cpap).