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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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usmcgirl

Increase Submitted 12/10/10

Question

Yup...we are approaching the year mark. I have been to all of my appointments, therapy, and group therapy. they have played with my meds countless times. I have no idea if i am coming or going half the time. I don't go out in public unless it is for an appointment or for the most basic of needs and even then it is with my service dog. I have insomnia 3 or 4 days a week. I don't have any contact with anyone other than hadit and my shrink or the people i see weekly in my group. i am going to an intensive inpatient treatment center as soon as they approve the application according to my doc. I called the 1800 number to see what was going on with my claim and it finally moved into decision phase 11/17 after i argued with them that they had infact recieved the hospital records that the RO said they didn't get because the hospital faxed them back in april with a conformation sheet and the jackasses didn't bother to actually read my records. i said to him "i have a copy of my file - which is the same as what you have - so how is it that my copy differs from yours when you are the ones who sent me this file?" So I faxed them myself to the RO just to be sure. I don't understand how these people can sit on something for a year and say they have everything they need then - opps we don't - then kick it back and play the waiting game all over again. i mean we are already hurt...why add insult to injury.Now it will be another 12 months at the raters waiting for them. and this is the 2nd time we are at this phase. last time they kicked it back for needing more evidence for things i didn't even claim on my claim. WTF? i read about other people waiting months and years and that just fills me with more anger and dread.

Edited by usmcgirl

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Hang in there! I can TOTALLY relate to what you're experiencing. I know it doesn't help your situation any but I share your feelings about what I perceive to be a total lack of compassion for former service members by civilians "warming a seat" in some office building doing a half-ass job with no sense of urgency. They have no clue as to how we are struggling with our disabilities as a result of military service...It's a damn shame. The best thing you can do is what you are doing by attending all your therapy sessions and get in the resident program you wrote about. I am doing the same things you are in the hope I can understand how to "live and cope" with my PTSD issues - It 'aint easy! Just got to tell yourself there will be good days and bad days and try not to dwell on the bad too long. Again, that's easier said than done. I have been fighting my ass off trying to get SSDI and I'm dealing with a woman who let a copy of my C&P report sit on her desk since November 9th. Every time I call to check she always gives me an excuse such as a long weekend due to Veterans Day or Thanksgiving or her supervisor was out of the office. I'm so sick of the lack of urgency! I felt like asking her if she realized that she was getting the long Veterans Day weekend because of people like us but I bit my tongue and played nice. Sorry...getting of track here.

You have to keep fighting for what you think is in your best interest and the best interest of your family. One day at a time and someday maybe we both can see the light at the end of this long tunnel. Anyways...that was my attempt to cheer you up some. If nothing else, know you're not alone. Keep your head up and keep with this website. I wish you a Happy Holiday with as little stress as possible...Take Care!

LC :wink:

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Thanks LC - I totally appreciate it. Felt good to vent. You are damned if you do and damned if you don't with these people LOL. Between the claim issue, the holiday coming, and all the stuff going on in the news about Marines with PTSD - like it's a new issue for the public - and not just the Marines, which hits home to me, since we are Marines, but any branch for that matter, LIke for instance MOH Sgt. Meyer sueing for retalliation, the Marine that got shot 22 times by SWAT out in AZ, the one that Carlie just posted about the Marine that is in jail going untreated - there was a story today about the K9's with PTSD - all that. I mean damn...then the lawsuit with the sec def's for MST. it's every where. And it just gets to me.

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well it's a new year. ..the SSA denied my claim for PTSD on 12/31 - way to end 2011. so now on to the fight with them also since they stated in their letter that "while the evidence shows there is work related restrictions but does not prevent you from doing all types of work. your current work restrictions may prevent you from performing any work you may have done in the past. however, when we consider your age, education, and past work experience, we found you are capable of performing a significant number of jobs in the national economy." the appeal is already in the mail stating the following:

I understand that the Social Security Administration uses DSM-IV to determine if an applicant has a particular mental disability. I have been diagnosed by the Veterans Administration with Post Traumatic Stress Disorder (PTSD). While I understand the SSA is not required to accept the diagnosis of the VA, I have also been diagnosed by several other doctors including your psychiatrist at your consultative exam. I wish to bring the following to your attention:

Under CFR 20, Appendix 1 to Subpart P, paragraph 12.06 (List of Impairments) Anxiety Related Disorders (the DSM-IV has PTSD listed under a "Stress Response" category, which comes under their "anxiety disorder" category) the List of Impairments says:

"A. Medically documented findings of at least one of the following, referring to items 1 through 5 under "A"

Your # 1(d) corresponds directly with item d (4) in section 309.81, "Anxiety Disorders", of DSM-IV.

Your # 2 corresponds directly with item c (2) in section 309.81, "Anxiety Disorders", of DSM-IV.

Your # 5 corresponds directly with item b (1) in section 309.81, "Anxiety Disorders", of DSM-IV.

As you can see PTSD fulfills THREE of the requirements, not just ONE.

AND

B. Resulting in at lease two of the following:

Your # 2 corresponds directly with item c (2) in section 309.81, "Anxiety Disorders", of DSM-IV.

Your # 3 corresponds directly with item d (3) in section 309.81, "Anxiety Disorders", of DSM-IV.

Your # 4 corresponds directly with item d (2) & d (3) in section 309.81, "Anxiety Disorders", of DSM-IV.

PTSD fulfills THREE requirements, not just two.

Your attention is invited to 20 CFR 303.1520 (d) which states, "If you have an impairment(s)which meets the duration requirement and is listed in appendix 1 OR is equal to a listed impairment(s), we will find you disabled without considering your age, education, and work experience."

The introduction to the List of Impairments says "The listings are so constructed that an individual with an impairment(s) that meets or is equivalent in severity to the criteria of a listing could not reasonably be expected to do any gainful activity" therefore a residual functional capacity (RFC) evaluation should not be required.

If you do not agree with the "List of Impairments" data presented above please provide the reason for disagreement."

and now the fight with the VA continues. at last checking the average days in decision phase were 67 at my RO. mine has been there since 11/17/11.....when i called peggy i asked them if that encluded weekends too just for giggles. so with the PTSD clinic that my doc is sending me to for 6 to 8 weeks coming up - maybe my claim will be done by the time i am released.

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Because the VA plays games with words maybe you should take a look at what you are rated for and if it is for a Mood Disorder hang your hat on that if already service connected. I am sure that others will chime in as more info is available.

The reason that you were denied for PTSD is very important.

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I agree. the whole thing is a game that SSA plays with you. it's like a 12% initial approval rate. I was prepared for this decision from them but it is still depressing to have to go through the hoops.

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