Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • 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

  • Advertisemnt

  • Advertisemnt

  • Ads

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
B478

Did Not Get A Good One In The Beginning

Question

I have a question.

When I first put in for my disability claim right after i got out of the military for issues my VSO thought would win a claim, it was hard just signing the paper in front of the VSO. It wasn't that I did not believe I had a claim, I knew that I would be touched and I thought I would just lose it and be locked up for the rest of my life. When the appointment time came I freaked, quit my two part time job and moved out of the state. I just could not deal with it. I had a person talk me into putting in a transfer to the new state and see if I could still get the C&P, so I did. As the date came closer I was a wreck. During the C&P I didn't freak I went numb and blank. I could barely talk, think, and it was terrible. When I got out of it I left the state (it was either the very next day or the next.) and the job that I had just got. And that has been the difficulty. I get confused, I freeze, I forget, I say yes when it should be a no. So I did this for years as the VA tried to figure out one of the issues that nobody seemed to get...black outs, and dropped the other issue of memory loss. Finally I was given yet another exam in Nuero to figure out what was wrong (I had already been given sc for migraines, from a fall I had sustained about 1 1/2 months before i was discharged (right after my exit exam), but were still looking at the black outs, ruling out lesions, and other such stuff. Now I had the black outs before I had the fall and the loss of memory too. Someone put in for a PTSD instead of Nuero and at the end of some fighting (because the doctor did not have any records at the C&P and stated that it would be service connected if he had something to say anything (all he had was my name and social), but put me in for dystemia and an informal claim was filed and I followed up, A little while later after seeing the red flags in my records all the way back before I was discharged, I was granted sc PTSD. After I had freaked the second time, I called the VRO and asked if I could do it all over again, that i was dealing with emotional issues, couldn't sleep and such but was told no. I even wrote that in the NOD about them knowing my emotional state at the first general C&P. So now it's years later and I can look at the records and accept that it was not me, it was the disability. My question is, back in 1991, what was the requirements for an examiner to schedule a mental health evaluation? He noted that I was reluctant to talk about my injuries or problems, he had my service records which had me seeing a therapist and with a scheduled appointment that I did not go to because i was discharged before the appointment. I believe now at a general C&P someone would look at the records and see how I was and schedule a mental health eval, but what about then? I looked over the records and finding what procedures they were expected to follow is difficult because of all the changes and i just can't seem to get the one that I need. Where would I find the procedures used at the time?

Thanks in advance.

Share this post


Link to post
Share on other sites

Recommended Posts

My question is, back in 1991, what was the requirements for an examiner to schedule a mental health evaluation?

He noted that I was reluctant to talk about my injuries or problems, he had my service records which had me seeing a therapist

and with a scheduled appointment that I did not go to because i was discharged before the appointment.

I believe now at a general C&P someone would look at the records and see how I was and schedule a mental health eval, but what about then?

I looked over the records and finding what procedures they were expected to follow is difficult because of all the changes and i just can't seem to get the one that I need. Where would I find the procedures used at the time?

Thanks in advance.

B478,

It's not the responsibility of a C&P examiner to schedule a mental health examination.

To my knowledge they do not have and have never had the authority to do so.

We file claims and the VA decision makers get C&P exams scheduled for the claimed medical conditions,

as part of the VBA's duty to assist.

Let's say a vet files a claim for a scar - a decision maker at the VARO has the authority to get a C&P exam

scheduled for this and it would be with a general medical C&P examiner. Now this same vet goes and

attends the C&P exam - the vet is an absolute fruitcake - tells the examiner -

I am Mickey Mouse, I live at Disney World with my wife Minnie and Pluto and I are drinking buddies even though I like Dumbo better but Dumbo won't go party with me.

BTW doc - I got this horrible scar from being burned while I was cooking up some vegetables in the mess hall during the time I spent in the Army.

This C&P examiner has no reason nor authority to schedule a mental health examination - this C&P examiner's responsibility is to follow the C&P worksheet for skin/scars - and that's it.

JMHO

Share this post


Link to post
Share on other sites

Ad

So if the issue is not listed as a condition before the extermination, but this issue comes up during the exam the doctor and VA does not have to address the issue?

If the issue has been stated as a condition prior, the issue comes up, the doctor states the issue, but nothing is done, then what?

The issue was stated as loss of memory and black outs. When the exam was done the doctor noted that I claimed them. In the final decision of that year I was given some of my listed conditions, however, the loss of memory was never noted to a condition or a decision made, and it was put in the notes that further exams for the black outs were made to figure out what they were all about.

If the final decision is that more test will be performed.... and then more and more tests are done but a decision is never given what would be the decision? Undiagnosable illness? Does the VA have to make a decision on all the conditions listed? If they do not address them as sc or not, what do you do?

Share this post


Link to post
Share on other sites

If you want an issue (condition) to be considered for SC - file a claim for it.

They VA has no responsibility to go looking thru everyone's medical records

and infer claims for people.

That's just not the way it works.

It is the claimants responsibility !

Share this post


Link to post
Share on other sites

I have a question.

When I first put in for my disability claim right after i got out of the military for issues my VSO thought would win a claim, it was hard just signing the paper in front of the VSO. It wasn't that I did not believe I had a claim, I knew that I would be touched and I thought I would just lose it and be locked up for the rest of my life. When the appointment time came I freaked, quit my two part time job and moved out of the state. I just could not deal with it. I had a person talk me into putting in a transfer to the new state and see if I could still get the C&P, so I did. As the date came closer I was a wreck. During the C&P I didn't freak I went numb and blank. I could barely talk, think, and it was terrible. When I got out of it I left the state (it was either the very next day or the next.) and the job that I had just got. And that has been the difficulty. I get confused, I freeze, I forget, I say yes when it should be a no. So I did this for years as the VA tried to figure out one of the issues that nobody seemed to get...black outs, and dropped the other issue of memory loss. Finally I was given yet another exam in Nuero to figure out what was wrong (I had already been given sc for migraines, from a fall I had sustained about 1 1/2 months before i was discharged (right after my exit exam), but were still looking at the black outs, ruling out lesions, and other such stuff. Now I had the black outs before I had the fall and the loss of memory too. Someone put in for a PTSD instead of Nuero and at the end of some fighting (because the doctor did not have any records at the C&P and stated that it would be service connected if he had something to say anything (all he had was my name and social), but put me in for dystemia and an informal claim was filed and I followed up, A little while later after seeing the red flags in my records all the way back before I was discharged, I was granted sc PTSD. After I had freaked the second time, I called the VRO and asked if I could do it all over again, that i was dealing with emotional issues, couldn't sleep and such but was told no. I even wrote that in the NOD about them knowing my emotional state at the first general C&P. So now it's years later and I can look at the records and accept that it was not me, it was the disability. My question is, back in 1991, what was the requirements for an examiner to schedule a mental health evaluation? He noted that I was reluctant to talk about my injuries or problems, he had my service records which had me seeing a therapist and with a scheduled appointment that I did not go to because i was discharged before the appointment. I believe now at a general C&P someone would look at the records and see how I was and schedule a mental health eval, but what about then? I looked over the records and finding what procedures they were expected to follow is difficult because of all the changes and i just can't seem to get the one that I need. Where would I find the procedures used at the time?

Thanks in advance.

I tried to follow what it is you want from Hadit and from your rantings and it just isn't clear. If you have a question for help then try to post it and leave out all the drama. Try posting evidence here or results so we can read and comment. If you just want to vent that is ok too, but let us know!

Good Luck!

NSA-Saigon_ET

Share this post


Link to post
Share on other sites

Where would you find the list of C&P worksheets for 1991? Is there a place you put in "work sheet - skin" and "1991" and then you get the worksheet? Or "work sheets for C&P 1991" then you pick the ones that pertain to the conditions you listed?

As for the duty to assist, does that just go back to 2000?

Thank you

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines