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11cvolley

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I Put in my claim for ptsd in June 2010. 1-26-2011 it went to decision phase. Its been with the rating board for over a month now. Anyone had this issue? I did provide them with every document that wasn't in my c-file that supports my claim. I just really need some input. This is driving me nuts.

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  • HadIt.com Elder

If you filed a NOD after you got the 30% you can get a lawyer. How long ago did you get a 30% rating? You had one year to file an NOD. The way it works is you file a claim. The VA may completely deny it or approve it to the maximum possible degree or they may rate it some place in-between. If you disagree with that decision you file a NOD within one year. After you file the NOD you can hire a lawyer. You have to be careful about who you listen to with regards to appeals, ratings etc. That is why I say go run all this by a lawyer who does VA claims. He will know what you can do. He gets paid based on how much you get paid. You sound like you don't really understand the process all that well. You have said you can't get a job because of the meds, but also that you feel like you are caged at work and it drives you to feel trapped and you end up getting fired. That would be the anxiety closing in on you and if that is service connected it would be a reason for asking for TDIU. You are very young and you do have your whole life in front of you. You need treatment and you need support while you get the treatment. The military broke you then they dumped you out on the street to fend for yourself. I know the feeling. Tell us the history of your discharge and how long you have been out and when you filed for disability. The more facts you can give us the more we can help. You don't have to post personal stuff that hits too close to home.

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2004: forced to go on 10 day field exercise in the middle of winter. I went out with broncitis and was rushed back to the ER 5 days into the field and was told that my broncitis turned to anomia.

(the incidents started to happen)

2005: After several months of telling the doctors the asthma meds don't help much they decided I should be discharged. (Which Iwanted out of the Army ASAP) went through peb i think and got my va rating of 30% for asthma in 2005.

2006: 2-24 retired under honorable conditions.

several jobs, long periods of unemployment, and relationships later

2010: wife felt something was wrong with me and gave me the choice of seeking help or she would leave. So I was diagnosed with severe anxiety, severe depression, and ptsd. The ptsd clinic helped me file for ptsd and an increase for my asthma.

2011: feb-something during a medical exam for my asthma the doctor was shocked to see my numbers improve as he gave me higher and higher doses to make breathing harder. I told him that ever since I got on meds for ptsd my breathing has got way better. He then asked why my numbers were getting better when they are suppose to decrease with the meds he gave me. Told him I focused on my wife and dissociation. So the longer I sat there the better my breathing got as my mind went wondering off in space.

2011:March I was told by 800# I would receive a C&P for the ptsd. A few weeks later after they got the asthma exam report they canceled by C&P for ptsd. I'm assuming that is why they canceled it. OR it could be due to the fact that my social worker was out for surgery for six weeks and during those six weeks I was seeing the woman that would have done my C&P.

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  • HadIt.com Elder

I don't understand why your C&P exam for PTSD would be cancelled. You say you are waiting on a decision right now? A decision on what? Did you get a VCAA letter from the VA telling you what you needed to win a PTSD claim? You need help with this claim since I don't know what is going on with it. Do you have a VSO like the DAV or VFW? You filed a claim for an increase for asthma and for PTSD. Your social worker does not do your C&P exam. The VA gets a doctor to do the PTSD exam. They send you a letter telling you to show up for the exam at a time and date. You need to find out exactly what is happening with your claim. The VA dropping your C&P exam for PTSD is not good. Get a service officer from DAV or VFW or one of those to look into your claim. Something is not right. Did you have a C&P for asthma?

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I don't understand why your C&P exam for PTSD would be cancelled. You say you are waiting on a decision right now? A decision on what? Did you get a VCAA letter from the VA telling you what you needed to win a PTSD claim? You need help with this claim since I don't know what is going on with it. Do you have a VSO like the DAV or VFW? You filed a claim for an increase for asthma and for PTSD. Your social worker does not do your C&P exam. The VA gets a doctor to do the PTSD exam. They send you a letter telling you to show up for the exam at a time and date. You need to find out exactly what is happening with your claim. The VA dropping your C&P exam for PTSD is not good. Get a service officer from DAV or VFW or one of those to look into your claim. Something is not right. Did you have a C&P for asthma?

No C&P for asthma. The person I saw for six weeks while my social worker was out is a doctor and I did check and had my wife double check to make sure she wasn't telling the truth about her being the doctor that does the C&P. Turns out that she told the truth. At the time I started seeing this doctor she was the only female available to work with me while my social worker was out.

The only person helping me with my claim is a lady in the ptsd clinic that does nothing but help veterans file claims and get outside assistance.

I never got a letter for any C&P.

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1) I would have surely NOT have any disagreement with the 30 % asthma rating as

both DOD and VA had provided it.

Even if someone stated it's not really asthma - you're having anxiety.

I would have continued to hold onto that SC and rating.

The way I see it is if I were having respiratory difficulties, even if it were to be from

anxiety - I would still be having respiratory difficulties and accept the compensation.

2) I would have proceeded with a claim for SC of the anxiety /PTSD,

whichever one I had the strongest evidence for.

3) John999 is correct regarding validation from the VBA.

The ONLY way a claimant gets validation is by getting SC and compensation.

JMHO

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Something I forgot to mention is when I was rated 30% for asthma I was also rated at 0% for atypical chest pain.

For keeping the 30% for asthma I see your point; however, morally I will ask for that rating to be removed when I am properly rated for the correct condition(s). I know that may sound naive but I only want what is just. I'd more than happy to keep the 30% if they change the name of it to a condition caused by anxiety.

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