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

Need Advice

Rate this question


stormvet

Question

I need quick advice concerning this issue. I have a claim that started 20 Aug 2010 for iBS which I have suffered with since 91. In Sept 2010 I had 18inches of the colon removed due to diverticulitis and in Jan 2011 gallbladder removed. My questions are the diverticulosis and gall bladder are filed as secondary to IBS. The VA sent me the standard letter today indicating that they needed more evidence on the gallbladder and a waiver form to make the decision within the next 30 days. I am not expecting the decision in the next 30 days really, but should I gather the information now or let them make the decision and file a NOD on the gallbladder. There were 15 issuies I filed for in Aug 2010 and my VSO insisted that the gallbladder claim would be seperate from the original claim but looks like the VA has lumped all into one. I have private insurance that has paid 250,000 for surgeries and specialists since last AUG. And my PTSD has pretty much incapacited me with the other issues I suffer from. The PTSD was diagnosed in 91 at 0% by that VA and I was hospitalized at Ft Bragg for it prior to seperation from AD. Back then I came so disgusted with the VA I just gave up but now im behind the 8ball not being able to work due to these issues. I have been advised by the Psychirist at the VA not to even drive with the meds she has me on. Any comments would be appreciated.

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

You need a medical opinion that your digestive conditions are related to your service or your IBS. Have an Internal Medicine Specialist review your SMRs and any current records and write a statement. Make sure the specialist states that they have reviewed your military records and current records and it is their medical opinion that your condition is related to your service. The specialist must give a good medical rationale. As to your claim for PTSD, as long as you are already service connected at 0% all you need to do is meet the higher rating percentage.

Edited by pete992
Link to comment
Share on other sites

File for an increase on your PTSD. Have your doctor write an opinion on your secondary conditions.

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

Time going by and PTSD is getting worse. Last week the Psychiritist suggested I may need to go inpatient for a while.... She put it off for one last chance and upped the venaflexine(sp) to the max dose. If this fails I see no way out of going inpatient again. I did an inpatient program in 91 at Ft Bragg which didn't hlep much. If anyone here has went through this please speak up. I feel like I have a jail sentence facing me with this. This has been a rollercoaster ride for 20 years now but the last 10 months have been pure hell.

Link to comment
Share on other sites

"PTSD was diagnosed in 91 at 0%"

Was that SC "0" or NSC "0"?

The 21 day inhouse program for PTSD can be a very positive experience.

My husband was in Buffalo inhouse for PTSD many many years ago.He had much apprehension about this and we didnt sleep at al the night before he went as he had to be at the local VA at 4:30 AM for the van.The team leaders and therapists were Great!I met many of them and the vets he was in the program with.

He and the other vets told me it was the best PTSD help they had gotten out of VA so far.I sure believe that.

The lock down status is sort of BS-just to keep the 'world' out,if you catch my drift.They had some day trips and no sense of being confined.

When I picked my husband up from the local VAMC after the VAN from Buffalo dropped him off he said the program was great but he felt he needed a whole year of inhouse help because he went through a whole year of Hell that he needed to be debriefed from.(He was USMC Danang 1stMarDIV,Ist Amphibious Tracker Battalion 1965-66.)

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

  • HadIt.com Elder

Sign the waiver and send it in immediately. From what you have said you should get upgraded. Any medical information that supports secondary needs to be sent in also. Ask for your progress notes copy them and highlight anything that supports your claim and send in quickly.

Use any energy you have to tighten up your claim you know ducks in a row.

Good Luck and thank you for serving.

Veterans deserve real choice for their health care.

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

    • ArmyTom earned a badge
      Week One Done
    • kidva earned a badge
      Reacting Well
    • kidva went up a rank
      Apprentice
    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use