So What Do You All Think?

[Sgt eve]

Hi, I have been out of the military for approx. 5 years and since then I have seen a "shrink" for depression/anxiety. Well he told me that I have "Post Traumatic Stress" and I needed to file this with VA. So I took his advice and did so. Also claiming the broken foot I got while doing some training and knee problems I still am battling with. I have all my medical records that state feet, knees and mental illness in there. I went to a VA Commision to help file my claim. Well he didn't put "Post Traumatic Stress" he put depression and anxiety (not sure if it matters). Few months after that I was scheduled to see VA Dr. for my feet. Nothing for mental health or knees. Then 3 months later (present) I am told that my file went "up" to be rated but then while that was happening "someone" decided that I needed to evaluated for mental illnes................um....hello....couldn't they have came to that conclusion about 6 months ago? :( But still nothing for my knees???? So now I wait for VA to contact me with an appointment date/time with mental illness dr. I spoke with the the VA commision helping with my claim and he pretty much said get ready to appeal? I just wanted to know what you all think. It's been 8 months since claim was received by VA? Should I request my C File from VA to make sure they got all my medical records that I sent in with application. I had at least 20 pages of them. Thanks so much for any help/advice you can provide.

[john999]

Sgt

Were you ever treated for depression or PTSD while in the service? If you were then getting service connection should be much easier than trying to prove it after 5 years. Did you serve in combat and do you have combat awards or MOS? If you have combat MOS or awards your PTSD claim will be easier.

[Guest jangrin]

Sgt,

Just to let you know up front, I am a newbie to the claims stuff, but my husband has recently submitted a claim with multiple conditions. It has been passed on to us by the great people here at hadit, that you need to be specific when filing for disability service connected conditions.

If you recieved a notice stating they needed an exam or more information for your mental condition. They are looking at your depression and anxiety not the PTSD . If you want to have PTSD included you have to file a claim for it, saying PTSD with depression. Other wise they are likely to deny the claim for depression, and say denied because you have PTSD not depression. Dumb I know but thats the VA, or so I'm told.

Also, if I were you, I would copy my medical records again (the ones you sent already) and I would keep a copy for myself and send another copy to the VARO certified mail reciept requested. This shows that you sent the records. Ya never know when you might have to prove you sent this stuff in to them. They don't sound real organized to me and I read alot here at hadit that they loose stuff all the time and people have to re-send records multiple times. DO NOT SEND THEM YOUR ORIGIANLS.

I understand that sometimes they will rate a person without the C&P exam. That may be your case. However, if they denied your knees without the exam be prepared to file a NOD within one year or you might get your private doctor to state your knee problem is related to service and submit a letter from him

and send in his letter and copies of his medical records and ask for a "reconsideration" through the VARO.

There are a lot of people here that have been through and are going through the process. Hang in, there will be more people along with alot more information. If you don't get the answeres you want just restate your question, it's the weekend. I hope this helps. By the way as you read the posts and study the claims process with the VA you will learn that there are people here that have been trying to get their claims through the VA process for MULTIPLE YEARS. It seems the VA is pretty slow and unorganized.

Good Luck and Thank you for serving,

Jangrin :(

[Sgt eve]

Thank you jangrin and john for your replies.

john: Yes I was seen by a Psychologists while I was in and after I got out all the way to present. I sent copies of those records in. I served in Kosavo/Macedonia. Not a "combat" zone like Vietnam or Iraq. God Bless those who have. I was treated for Depression and still take the meds for it.

jangrin: Thank you for all your info. WOW, you do your homework Your husband is lucky to have you on his side.

Like I said above, I was treated for "depression" not for PTS so maybe it was good that he put depression and anxiety in the claim.....right?? :( It wasn't until recently, through my new Psychiatrist did he say anything about PTS. Those records I haven't sent in yet. The guy helping with my claim from the VA Commission said I might want to save those for the appeal. But now I am thinking I should do another claim for PTS?

Do they even give ratings for depression and anxiety?

How come they can't rate me on my feet and knees while they are waiting for my appointment with mental health???

Thanks again john and jangrin for your replies.

[Guest jangrin]

Sgt eve,

If you go to this address it should take you to the CFR's (Code of federal regulations) there you will be able to look up the specific body parts and your symptoms and check how the VA rates each condition and your level of disability to determine the percentage of disability you should be awarded by the VA. There is a schedule for physical impairments as well as mental, and yes depression is listed.

Whether you should file now for the PTSD or wait I can't advise. SOme say it's better to file now because your claim is young and your award for the mental would be higher because you have both the service connected depression and now recent DX for PTSD. Then others would say to wait because it will slow down your claim and it is better to file a notice of reconsideration to add the PTSD or just file a whole new claim for PTSD after you are rated. You really have to talk to your service rep or maybe someone else here at hadit will jump in on this. It's a hard decision, and no cut and dry answers.

http://ecfrback.access.gpo.gov/otcgi/cfr/o...M=1#Sec.%204.10

If you paste this it should take you to the (Code of Federal Regulations)38 CFR ,chapter one,part 4 Schedule for Rating Disabilities. Scroll down to subpart B find your condition or body part that is injured and go to the specific sections that rate that specific disability. If this doesn't work you can search for CFR's through google and T-bird here at hadit also has a link. This will give you an idea what your percentage of disability should be. THEN IF IT IS NOT RIGHT AFTER THEY RATE YOU, YOU CAN FILE AN APPEAL. :(

This really is a learning process, small steps at first. But everyone catches on, we all help each other here. Vets helping Vets, (that goes for the vet wifes too).

Good luck hope this helps.

Jangrin

[Pete53]

Its my opinion that your SO did you a favor the way he worded your claim. It is much easier to be rated for depression than PTSD unless you have iorn clad proof in writing of a PTSD Stressor.

[Vike17]

Sgt eve,

Pete is correct in saying that your SO correctly filed for depression instead of PTSD. If you filed for PTSD, the VA would deny it right away because you didn't have a "stressor" of an event while on active duty. Also, when you file for PTSD you must submitt a "Stressor Letter" outlining in detail the events surrounding your stressor (place, date, time unit asigned to ect...)

One reason why you might not have been scheduled for a C&P exam for your knees is because there might be sufficient medical documentaion in your records to go ahead and rate them. without the C&P exam! I have seen this a few times, so it's a possibility.

Of course, another possibility might be that your SMR don't show a "chronic" knee condition and/or you don't have continuity of treatment of the knee after discharge, and, therefore, service-connection isn't warrented If this is the case, VA won't schedule you for an exam of that claimed condition.

I hope this helps

Vike 17