Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×

Point Me To Source Please!


ping jockey

Recommended Posts

Hi Everyone,

First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally.

I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988. I'll try to summarize the issues in a brief format:

  • May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
  • Oct 1988: Chronic Bronchitis breathing problems start.
  • 1990-1993: Chronic Bronchitis gets progressively worse, and depression & Anxiety develops while on active duty.
  • 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq.
  • Sept 1994: Discharge, and Chronic Bronchits progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
  • Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
  • Apr 1995: VA grants 0% rating for Chronic Bronchis, Chronic Rhinitis, Eczema.
  • 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
  • 1997:diagnosis for depression 300.4 & 296.2; I just found this diagnosis in my records (I keep good records).

Link to comment
Share on other sites

  • Replies 10
  • Created
  • Last Reply

Top Posters In This Topic

Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.<LI>Apr 1995: VA grants 0% rating for Chronic Bronchis, Chronic Rhinitis, Eczema.<LI>1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.<LI>1997:diagnosis for depression 300.4 & 296.2; I just found this diagnosis in my records (I keep good records).

Did you ever file a claim for depression, being treated by VA and filing a claim to two different things? To get any type of retro payment you had to file a claim after you were diagnosed and after service. If you did file a claim for depression what did the rating decision say?

Link to comment
Share on other sites

Ops hit a wrong button so it's posted twice:

Hi Everyone,

As the board suggest I have been searching for info on the board; however; I'm having trouble deciphering all the mumbo jumbo.

First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally. I really have the feeling "YOU ARE NOT ALONE HERE!".

I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988.

To summarize:

  • May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
  • Oct 1988: Chronic Bronchitis & Rhinitis breathing problems start.
  • 1990-1993: Chronic Bronchitis & Rhinitis gets progressively worse, and depression & Anxiety develops while on active duty, although this fact is not part of my SMR.
  • Jan-Jul 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq. I believe my Chronic Bronchitis was exacerbated by tour in North Arabian Gulf.
  • Sept 1994: Honorable Discharge, and Chronic Bronchits & Rhinitis progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
  • Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
  • Apr 1995: VA grants service connection at 0% rating for Chronic Bronchis & Rhinitis, & Eczema.
  • 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
  • 1997: VA diagnosis for Neurotice depression 300.4 & Depress Unspecified 296.2; I just discovered this in my records (I keep good records).
  • 1998: File for increase rating for Chronic Bronchitis & Rhinitis, Eczema 0% rating continued.
  • 2002: File for increase & VA splits Chronic Bronchitis (0% conitnued) apart from Chronic Rhinitis (increased to 10%). Eczema continued.
  • 2009: Continuously under the care of Mental health at VA since discharge. Taking meds for 10 years now for Depression & Anxiety.
  • Aug-2009: Serious bout of Chronic Bronchitis has me in bed for a month. Experience three nightmares of suffocating in six months.
  • Nov-2009: Realize my POA is with VA, and move my POA to DAV to a former shipmate who is a NSO for Oakland DAV. He's good, and I trust him.
  • Nov-2009: Apply for increase for Chronic Bronchitis, Chronic Rhinitis, Eczema, and for Depression & Anxiety secondary to Chronic Bronchitis etc.
  • Apr-May 2010: VA allergist Dr. test NKA, She was really good too and fair, and states "it sounds like you received a chemical burn to your airways, and then it was exacerbated by the tour in the Persian Gulf". I nearly fell out of my chair that someone at the VA is finally using common sense combined with medical conditions to make reasonable decisions.
  • Aug-2010: VARO sends request for evidence. I have compiled a nightmare dream journal in email format to my DAV rep as evidence.
  • Aug-2010: C&P exam w/ Psychiatrist; he really listened, treated me fairly, & made the report over the phone in my presence. It sounded like he affirmed the diagnosis.
  • Aug-2010: While reviewing my records I discover the VA depression diagnosis from 1997 mentioned above.
    SO, as the boards rules state; I've been looking for information of "Retro-active" pay & benefits, but have not been able to make much sense of what I'm finding.
    What I'd like to know is:


  1. Would I be able to file for retroactive pay if this is the first time I requested SC for Depression & Anxiety secondary to Bronchiits, considering I have a diagnoiss from 1997.
  2. When I eventually get an increase for Chronic Bronchitis how do I go about file for retro to the time of discharge.

Essentially, HOW does the retro process work. Point me in the right direction, and I will read up. Thanks so much.

Link to comment
Share on other sites

I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988.

To summarize:

  1. Would I be able to file for retroactive pay if this is the first time I requested SC for Depression & Anxiety secondary to Bronchiits, considering I have a diagnoiss from 1997.
  2. When I eventually get an increase for Chronic Bronchitis how do I go about file for retro to the time of discharge.

Essentially, HOW does the retro process work. Point me in the right direction, and I will read up. Thanks so much.

1. NO

2. You will not get retro back to time of separation.

38 CFR 3.400

Effective Date Regs :

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.400.pdf

38 CFR 3.156

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.156.pdf

38 CFR 3.157

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.157.pdf

Link to comment
Share on other sites

Carlie is right, if you never filed a claim for depression VA will not pay you any back pay/retro pay.

Link to comment
Share on other sites

1. NO

2. You will not get retro back to time of separation.

Thanks Carlie,

  1. I never did file a claim for D&A until this year.
  2. I have had a claim for Respiratory distress since 1994.
  3. But what I hear you saying is; even though I do, and it's rated at 0% when it gets increased it's not retro in time, it's only from now forward.
SO, I should just move on with the rating I receive.

Thanks again, I truely appreciate it.

38 CFR 3.400

Effective Date Regs :

http://edocket.acces.../38cfr3.400.pdf

38 CFR 3.156

http://edocket.acces.../38cfr3.156.pdf

38 CFR 3.157

http://edocket.acces.../38cfr3.157.pdf

Link to comment
Share on other sites

  • HadIt.com Elder

The only way to get retro to the day after discharge is to have filed within one year of discharge. The only other way is to file a successful CUE for the claim you did file and show that an error was made in the original decision.

The C&P doctor does not decide your rating for depression and anxiety. That is done by your VARO. Let's hope you get a decent rating. If your rating is not high enough you want to file a notice of disagreement. Did the C&P doctor say that your depression and anxiety was at least as likely as not secondary to the chronic lung problems? I would be prepared to get an independent medical opinion.

Link to comment
Share on other sites

  • 1 year later...

Hello Vets and families,

It's been a while, so HELLO :biggrin: T-Bird, Berta, Carlie, Pete 992, all you Elders and contributors that I CAN'T remember cause of.....?????.....oh yeah memory issues.

Last September the VA approved my SC Depression secondary to respiratory distress and other issues. THANKS Hadit.

It's a 50% rating and now my total is 60%. That claim was straight forward considering a DX right after discharge.

CURRENT STATUS AND CONDITION:

Most recently, I had two sleep studies done. The first one came back "normal" (that's VA normal :blink: ).

It was obvious it was not right the first time, and I had the Neurologist ordered a second one.

WELL, the 2nd one had MODERATE to SEVERE OSA when on my back. Like Carlie says.......BE PERSISTENTexcl.gif

Secondly, I have Chronic Sinusitis written ALL over my SMR and have been taking meds, inhalers, and nasal risnes since active duty.

Chronic Sinusitis is a significant contributing cause and factor of OSA (Obstructive Sleep Apnea).

I'm going for mild Sinsus surgery in September to help with the OSA and Chronic S.

HERE'S MY CONCERN:

In January I submitted a claim for SC for OSA secondary to Chronic Bronchitis (I have both Chronic Bronchitis and Sinsuitis).

In April I had a C&P exam and the Dr. told me flat out in the first 10 minutes "I will be denying this claim today because there is NO link between OSA and Bronchitis".

Told him, ok I hear you but please keep my claim open because I want to go back to the Plumonologist and Neurologist.

I discovered that Chronic Sinusitis is a signifcant contributing factor to OSA with a BVA case decision..

In May - June I went to the ENT Dr. and she said "people as blocked as you with Chronic Sinusitis definitely develop SA".

She entered this in the Progress Notes and TOLD me I will make this entry so the Neurologist KNOWs how severe it is.

She also told me She was going to "Service Connection Claims Training " in July.

In June I submitted a claim for Chronic Sinusitis.

Late July, I amended my claim for OSA secondary to Chronic Bronchitis to OSA secondary to Chronic Sinusitis with 20-30 pages of evidence.

Today (August), I saw her for my "Pre-op" appointment and she looked at my tonsils and tounge for the THIRD time.

THEN SHE STATES "oh you have a really small airway and big Tonsils and I just realized that's why you have SA".

Her statement disturbed me and I am concerned she is going to say this condition was pre-existing or an abnormality.

I NEVER had breathing problems before I was exposed to a paint/chemical factory that exploded while in Boot Camp at Great Lakes.

Four months later, OCT 1988 I started to have Chronic Sinusitis, Bronchitis, and Respiratory Distress.

SHOULD I BE CONCERNED or am I just being hyper-sensitive??????????

Is there anything I should do???

I will pull the Progress Notes Friday to verify what she entered into my Medical Record.

Thanks for all your support,

Ping Jockey

Link to comment
Share on other sites

Ping jockey-I sure commend you on your proactive approach!

Carlie is right as to the Persistence and you are willing to go the 9 yards on your claims.

Link to comment
Share on other sites

  • HadIt.com Elder

You may have large tonsils due to chronic infection. If you have chronic sinus infections the tonsils soak that infection up like a sponge.

Link to comment
Share on other sites

  • 4 months later...

"Last September the VA approved my SC Depression secondary to respiratory distress "

can you tell us how the VA defined the respiratory distress ? ( was it regarding your sinus problem?)

My Rating Decision Letter says Major Depressions as "SECONDARY TO SERVICE CONNECTED CHRONIC BRONCHITIS" (50%).

"I NEVER had breathing problems before I was exposed to a paint/chemical factory that exploded while in Boot Camp at Great Lakes.

Four months later, OCT 1988 I started to have Chronic Sinusitis, Bronchitis, and Respiratory Distress."

Was the explosion the actual nexus for that award?

No, I only realized and discovered this event by working with an Allergist this year - 2011.

I am submitting evidence of the explosion now with connection for Chronic Sinusitis and OSA secondary to CS.

"I am concerned she is going to say this condition was pre-existing or an abnormality."

I would not worry about it unless she stated this in the med recs as what she thought was cause of your OSA.And that can be overcome with more evidence.

I'm no longer concerned about this.

My ENT made Medical Record entries - see here:

"Chronic Sinusitis is a significant contributing cause and factor of OSA (Obstructive Sleep Apnea) "

that is a well known fact in the medical community.

Understood.

However, how do I "STRENGTHEN' the NEXUS between - - "Explosion > Persian GW1 Aggravation > Chronicity to establish that NEXUS".

I'd rather avoid being in an Appeal for 5 years.

"the Dr. told me flat out in the first 10 minutes "I will be denying this claim today because there is NO link between OSA and Bronchitis"

Some of these VA doctors step way out of their bounds.

NO kiddin here Berta & Carlie...unbelievable BUT not surprised.

SO glad I told him to wait on my claim because I wanted to see my Doctors and D.A.V. rep.

Although this is a Swedish study- PubMed publishes legitimate abstracts and medical info.

"CONCLUSION:

OSA is twice as common in subjects with chronic bronchitis as in subjects free of pulmonary disease or symptoms.

AWESOME....I love this website and you too.

I should "re-amend" my claim as Secondary to Chronic Bronchitis AND Chronic Sinusitus.

Copyright 2001 S. Karger AG, Basel"

http://www.ncbi.nlm....pubmed/11416244

I am sure there are more associations on the net and even in some BVA cases.

You can succeed on this-I have no doubt-

I fell much more confident having waited to FULLY develop the EVIDENCE.

Again, HOW do I strenghten the NEXUS between CHRONICITY so it's recognized as NEXUS?

BTW are you still employed?

LONG story; on and off; but generally no; I'm currently in Voc-Rehab and happy about it.

I am always thinking of potential TDIU.

I really want to work again once I finish my Masters Degree.

Thanks for this update.

I always look for the 'landmines' too and I see you do that as well-more vets should consider these potential statements that -if documented-can damage the claim and then the vet has th time and ability to overcome whatever negative stuff VA says.

I hope with the Elders here, I can draw a ROAD MAP and MODEL for others to SEE by posting PDF files.

Of course you could consider getting an IMO from a real doctor but I think you can prevail here without a costly IMO.

I was struggling with whether or not I should do this; but it seems like I don't need to.

That doctor's statement as to denying the claim really pisses me off- I guess he thinks he is a rater too.

I bet he had NO pulmonary credentials at all.

HE was a "nurse practioner".

I could tell he was NOT fully qualified to render the MEDICAL OPINION in "adjucating" my claim.

Gov't is slow & wrong at times - it was BEST to NOT argue; just retreat, fully develop my claim and resubmit.

Six more months to finish the EVIDENCE is better than fighting an appeal for 5 years.

Enternally grateful,

Ping Jockey

Edited by ping jockey
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


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines