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 I respond asking that this claim be withdrawn.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 I have also filed numerousVA IRIS requests asking that the TDIU claim be withdrawn.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?

[USMC_HVEQ]

Carlie,

I am still waiting in this claim from November 2009 about the sleep apnea. It also had my ptsd increase & shoulder increase. I had a sleep study back in march 2010 that confirmed sleep apnea and 3 wks later was issued a CPAP machine by the VA.

[pacmanx1]

USMC_HVEQ

Posted Today, 01:38 PM

pete992, on 25 July 2010 - 10:29 PM, said:

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).

In order for you to get rated 100% schedular, you will have to get an increase of: 70% PTSD, 50% OSA, 30% above your already (20/20 combined 40%) shoulders, 10% HTN, and 10% Tinnitus. It may be hard to get the 30% above your already 20/20 combined 40% service connected shoulders. You can try to do the funny VA math but this is just my opinion.

http://www.hadit.com/service_connected_disabilities_rating_calculator.php

As Always Hope the Best

Edited July 26, 2010 by pacmanx1

[carlie]

Carlie,

I am still waiting in this claim from November 2009 about the sleep apnea. It also had my ptsd increase & shoulder increase. I had a sleep study back in march 2010 that confirmed sleep apnea and 3 wks later was issued a CPAP machine by the VA.

USMC,

Has a doctor provided any medical evidence in writing that relates your SA to active duty

or as secondary to a SC'd disability or RX for such.

Most all of the SA claims I have worked with or researched that are filing for SA as secondary to

RX's for SC'd disabilities, which have caused weight gain have been denied.

The BVA rulings I've studied on this resulted in the continuation of a denial.

It's going to be very important how a doctor words a nexus on this.

[Testvet]

the hardest 10% is that one going from 90% to 100% when dealing with combined percentages because you basically need a medical issue that will get rated at 50% of higher the VA fuzzy math can and does drive a lot of people crazy thank god for TDIU ratings.....

[john999]

Right, I had 80% plus five 10% ratings, and got another 60%, and all I got was 90% total. Crawling towards 100% rating by rating gets harder and harder. VA math is the most bizarre thing in the world. I am considered 10% able bodies by the VA. Maybe they mean the big toe on my right foot. Consider when you get a total rating the clock that will protect your rating and give your spouse DIC starts to tick. The sooner you get that rating the better unless you think you will live forever.

[mobie16r]

usmc,if you want to keep working,go ahead,really,i am pretty sure if you dont want it va will not give it to you. You dont seem to have a problem ,(not talking about your disabilities) look like you are working the va in reverse.