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Early Christmas

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HSCM

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One month shy of my one year retirement from the Coast Guard, My wife came back from the mailbox with a sand colored envelope. From the fine VA in Providence. My experience with them has been nothing short of stellar. I am finding that the Providence VA is better than most.

Opened up the envelope to find the following results

Sleep apnea 50%

Migraines 30%

DDD Cervical w/

Right hand Parasthesia 20%

DDD Lumbar 10%

Tinnitus 10%

Hypogonadism w/

infertility 0%

Anxiety disorder 0%

Grand total of 80% and SMC(k) on top of it . Hearing loss and allergic rhinitis was found not to be service connected. I am pretty sure I will be doing an NOD on both of those items. The anxiety disorder was claimed as PTSD from recovery operations from the EGYPTAIR 990 crash.

This was much higher than I was expecting, I am happy as heck about it for sure.

Now of course the questions, from my understanding since I will fall under CRDP, I will have a little wait on my hands for my retro check. Any idea on what the time frame would be?

Second question is about the award amount and payment start date section

Total VA Benefit Amount withheld Amount Paid Date

1730.00 1730 0 02/1/2011

1730.00 0 1730.00 12/01/2011

Why was there money withheld from the first month of my disability payment?

Thanks in advance!<br style="mso-special-character:line-break"> <br style="mso-special-character:line-break">

Edited by HSCM
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  • HadIt.com Elder

I think you should sure appeal the 0% on the anxiety/ptsd issue. I was born in Providence but have not been back since. If you have decent evidence for higher ratings possible appeal.

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  • HadIt.com Elder

Congrats and like John I don't think there is anything resembling 0% anxiety.

Veterans deserve real choice for their health care.

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Congrats! I would also look at appealing it. Here is a link for Mental Health ratings http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=163a15d40f597c978f4517879efb3511&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.73&idno=38 I really could not see why any anxiety would be at 0% unless it was extremely mild and requires no meds or therapy. Unfortunatly, the Supreme Court has denied the petition for a writ of certioran (Smith v. Nicholson, 451F.3d 1344(Fed Cir 2006). The denial renders the Federal Circuit's decision in the Smith case final. Therefore, no vet is entitled to more than one 10% disability rating for tinnitus, regardless of whether tennitus is in one or both ears. While I am not a doctor, you might want to ask yours if your sleep apnea may be a contributing factor to your allergic rhinitis. Allergic Rhinitis is also associated with sleep disorders so maybe you could get it as a secondary condition. Secondary service connection can be granted....if a service-connected disability makes a non-service-connected disability worse. Like for example, maybe a vet has both a service-connected anxiety condition and non-service-connected hypertension (high blood pressure). If the service-connected anxiety condition aggravates the hypertension, the increase in the hypertension can be service connected. If the hypertension then causes a heart condition, the heart condition can be service connected. If the heart condition eventually causes the vet to die, their family may get service- connected death benefits.Hope that helps. SF

"A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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  • HadIt.com Elder

This is just an educated guess but if your award date is 2/1/2011, you wouldn't be paid for 2/2011 until 3/1/2011, so it may look like you were shorted. Without knowing more I can't even try to explain it otherwise. Remember benefits are paid the first of the following month. jmo

pr

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