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kevin4998

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I am in the process with VA claims, I am currently at the stage where they are still gathering information. I have been at this for 10 months and realize I have allot of time yet. But, I am also at the SSD stage for court and I am about six months out from my court date according to my lawyer.

I have been looking for doctors in Indianapolis on the south side that is familiar with the VA claim language (CFR) that I could possiably see too confirm that I still have issues (documented) from the military dating back to 1987.

I have nothing documented since my seperation from service, and there is documentation on most of my issues but it is limited.

So basically I need to confirm I still have my issues, and link them to service related with documentation.

Issues:

IBS: Documented in 1987, even though I am gulf vet I was diagnosed with this in '87.

Gerd: Documented 1987 and as of last year I was confirmed to have Barrett's

Low back pain: Documented 1987, 2005 two spinal surguries for Lumbar Spinal Stenosis; 2011 MRI showed sever Lumbar Spinal Stenosis (exact wording on MRI)

Major Depression and Anxiety: Diagnosed by VA psychiatrist and SSD psychiatrist examiner.

I believe I have PTSD from service and have filed benefits, but have no documentation that I have it as of yet. I do have a stressor that was filed along with my claim.

I have not worked since Feb 2011 (medcal leave).

Workmans Comp case due to accident at work left me unable to work due to limitations due to my accident.

The case is now closed

But, during my workmans comp case I had an IME that reviewed my case for workmans comp and myhistory and my medical issues and stated on paper that he believed :

"From a functional standpoint, I do not feel Mr. ^^^^^^^ is capable of work in any capacity. Given his depression, chronic low back pain, and surgical history, I would recommend that he pursue SSDI. I expect he is totally and permanently disabled."

I do not think myself that this is enough for VA, nor SSD so I am looking for doctors on the south side of Indy that might be able to assist in documenting that I have had this issues dating back to 1987 and will use the wording needed according to CFR and SSD.

Any suggestions?

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I am in the process with VA claims, I am currently at the stage where they are still gathering information. I have been at this for 10 months and realize I have allot of time yet.

But, I am also at the SSD stage for court and I am about six months out from my court date according to my lawyer.

Have you been sent for any medical exams by SSA yet ?

Have you asked your doc's to fill out RFC forms for you ?

Did they do it and do you have copies ?

Keep in mind that VA and SSA are two completely different animals.

SSA decisions are based on all medical conditions.

VA decisions are strictly based on medical conditions that are a result of active duty or secondary to a SC'd condition.

You can use your medical evidence from VA providers for your SSA claim to support that you have

the medical condition/s and how it/they effect your life - even if VA has not yet SC'd the condition/s

the medical evidence from VA can help to support your claim for SSA benefits.

I have been looking for doctors in Indianapolis on the south side that is familiar with the VA claim language (CFR) that I could possiably see too confirm that I still have issues (documented) from the military dating back to 1987.

Any doc that writes something up for you to support SC, will need to review your SMR/STR's and state that

they have done so. They will need to refer to those medical records to support their opinion with full medical rationale,

to show a nexus between active duty and what ever the disabilities you are claiming in regards to VA disability benefits.

The language need not be difficult.

Medical statements regarding possible Service Connection:

Is due to- 100%

More likely than not- Greater than 50%

At least as likely as not- 50% (Benefit of doubt goes to Vet)

Not at least as likely as not- Less than 50%

Is not due to- 0%

I have nothing documented since my seperation from service, and there is documentation on most of my issues but it is limited.

What exact issues are documented in your SMR/STR's ?

So basically I need to confirm I still have my issues, and link them to service related with documentation.

Issues:

IBS: Documented in 1987, even though I am gulf vet I was diagnosed with this in '87.

Gerd: Documented 1987 and as of last year I was confirmed to have Barrett's

Low back pain: Documented 1987, 2005 two spinal surguries for Lumbar Spinal Stenosis; 2011 MRI showed sever Lumbar Spinal Stenosis (exact wording on MRI)

Major Depression and Anxiety: Diagnosed by VA psychiatrist and SSD psychiatrist examiner.

What are your dates of service ?

What do these MH doc's state in writing is the cause of your MD & Anxiety ?

I believe I have PTSD from service and have filed benefits, but have no documentation that I have it as of yet.

I do have a stressor that was filed along with my claim.

What is your stressor if you are comfortable posting the very basics of it ?

Did you fill out - sign and submit one of these forms ?

STATEMENT IN SUPPORT OF CLAIM FOR SERVICE CONNECTION

FOR POST-TRAUMATIC STRESS DISORDER (PTSD)

http://www.vba.va.gov/pubs/forms/VBA-21-0781-ARE.PDF

I have not worked since Feb 2011 (medcal leave).

Workmans Comp case due to accident at work left me unable to work due to limitations due to my accident.

The case is now closed

But, during my workmans comp case I had an IME that reviewed my case for workmans comp and myhistory and my medical issues and stated on paper that he believed :

"From a functional standpoint, I do not feel Mr. ^^^^^^^ is capable of work in any capacity. Given his depression, chronic low back pain, and surgical history, I would recommend that he pursue SSDI. I expect he is totally and permanently disabled."

What is the pedigree of the person that conducted this IME ?

Did they opine on the cause of your "depression, chronic low back pain, and surgical history" ?

carlie

I do not think myself that this is enough for VA, nor SSD so I am looking for doctors on the south side of Indy that might be able to assist in documenting that I have had this issues dating back to 1987 and will use the wording needed according to CFR and SSD.

Any suggestions?

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Have you been sent for any medical exams by SSA yet ?

Yes.

The physiatrist when I asked stated that he believed I had major drepression and anxiety(confirming what I had been told by the VA Docs), again I didnt get into the topic of PTSD with him.

The physical exam stated that she could not discuss it with me.

When I a got my second denial from SSA(after the above tests), they stated that even thou they felt I did have some physical impairements that I could still work.

I figure that was the typical response for my appeal stage.

I believe I will be able to justify my claim better in front of the appeal judge, which I am waiting on my court date.

Have you asked your doc's to fill out RFC forms for you ?

I do not know what a RFC is, and is that VA Docs or Private whom I need to ask?

Did they do it and do you have copies ?

See above

What exact issues are documented in your SMR/STR's

IBS

Gerd

Low Back Pain

(Even though this is documented LBP, I am assuming I can get this to be "benefit of the doubt" for Lumbar Spinal Stenosis since thier was no follow up tests that could pinpoinit the problem at that time)

I was also diagnosed with Hiatal Hernia at the time I was diagnosed with Gerd, but I did not realize that when I applied for compensation/benefits, so I am assuming I will need to add that some time in the future. From my understanding Barrett's is the result of GERD and Hiatal Hernia, but I could be wrong.

BTW, I do not know what STR’s are.

All dated in 1987 while in service.

What are your dates of service ?

02/1987 - 02/1997

What do these MH doc's state in writing is the cause of your MD & Anxiety ?

MH?

I am not sure what is stated in my paper work as far as the VA Docs, I know I need to get a copy of all my paperwork from the when the time comes. Since I am still trying to get everything documented as fully as I can I don’t see a reason to get a copy at this time. They did put me on Meds (x3)to help with my problems. I have not stated my issues with PTSD that I believe I have. I have only seen the docs a few times and didnt get a chance to get into it with them. I did not have the money to travel to get into more detail of my issues. Four hundred a month only gets me so far. A new year and tax season here so I can start seeing them again. Nothing is SC as of yet, so I get no travel expenses.

In a perfect world I need the VA to do:

1) MRI

2) Endoscopy

3) Colonoscopy

4) Physical fitness/endurance test (I believe there is a better term for it, just don’t know what it is atm)

5) Mental aptitude test

6) An electromyogram (EMG) test

But when I tried to have them do a MRI, I was told “The VA just doesn’t DO MRI’S”

So I am really not sure how to get them to do these test just on my say so. I understand these test are not cheap and they are just not going to give them too everybody that walks through the door. But, I do have (and they do to) the paperwork showing them that I have/had problems with my back (the prior MRI and paperwork from my previous surgeries on my l4/l5 areas) but I guess that’s not enough for them to look further into this issue. They just gave me Hydrocodone and sent me out the door. Which is not what I wanted, I hate taking meds and prefer pain management because I have not found anything that really (med wise) that really helps with the sever pain.

What is your stressor if you are comfortable posting the very basics of it ?

Jet fuel fire in pumproom on board my ship which killed two shipmates and I was on the main fire fighting team that was on the scene. After 24 hours before we could actually access the pumproom, we had to pull the fully cooked.. well you get the idea.

Did you fill out - sign and submit one of these forms ?

My VSO had me fill out the paperwork detailing exactly what had happen. I am not sure if this is the paperwork your referring too, but I am sure it must have been. The VSO’s in my area are VERY knowledgeable and are highly recommended by everyone I have talked too. Unfortunately due to only two of them they have little time to assist in detail on explaining every detail that is going on. If had the proper questions in my head too ask them, I am positive they can/would answer any questions in detail.

I want to note that two of the the reasons I got out after ten years of service was:

1) I was having a hard time advancing (E-5 too E-6) was I could not remembering things I was studying.

2) As a DC'man I was in charge of firefighting teams and I had lost the confidence I needed to direct the teams.

I did not realize it until this past year, but those are signs of depression and anxiety that could of been from PTSD I believe.

I had and still have "what if syndrome" on/in just about anything I do, no matter how simple the matter is, always assuming the worst case scenerio.

Thank you for your time and help in this.

 

 

 

 

 

 

 

Edited by kevin4998
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I am not suggesting to use this firm for claims or advertising for them.

I am providing the following link just so you can learn more and understand

what RFC forms are and how they can help advance your claim for SSA benefits.

Residual Functional Capacity Form (RFC )

http://www.disabilitysecrets.com/rfc-medical-source-statement.html

SMR's = Service Medical Records

STR's = Service Treatment Records

They are the same thing

What exact issues are documented in your SMR/STR's

IBS

Gerd

Low Back Pain

(Even though this is documented LBP, I am assuming I can get this to be "benefit of the doubt" for Lumbar Spinal Stenosis since thier was no follow up tests that could pinpoinit the problem at that time)

Benefit of the Doubt really isn't needed nor is it for application in this specific situation above.

MH = Mental Health

It's important to get copies of your c-file and all medical records as this is what your claims are based on. Without actually seeing the written version of what the doc's write there is no way to know what they say.

You might be eligible for MH services at your closest Vet Center with no charge / co-pay.t.

Here's a link if you want to check it out :

www.vetcenter.va.gov

In regards to your VA claim issues - here's a link that might be of interest to you.

http://www.hadit.com/veterans_self_help_guide.html

Other's will probably chime in .

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  • HadIt.com Elder

A good IMO is the most powerful evidence you can have produced for you besides your SMR's. Vets who rely only on the VA for evidence are at a big disadvantage especially on percentages of disability. I think the VA almost always low balls a vet on the first go round.

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