tdiu Tdiu Retro Pay How Far Back?

[walt]

Good Morning Everyone,

I was denied claim for four conditions in 2001.that was opened in 2000. They were copd,high blood pressure, premature ventricular conractions, and anxiety.The reason for denial was given that the conditions neither ocurred in or was a cause of being in service.They stated that,"we requested records from St louis.St louis notified us they were sent but we have not received them. If these records are subsequently received claim will be reconsidered with date of claim protection. " Also there were two periods of service that they did not have my dd 214's. They have all this now. In the denial they said in the facts:" the vetran has submitted evidence he was diagnosed wtih" (the four conditions).They also used the phrase,"treatment records show" These were smr's I sent.Yet they denied saying " condition neither occurred in or was caused by service" Only thing I can think of is because they did not have two of the 214's.

I have tried to be as clear as I can. The above is backgound to help with what I would like to know.They auto matically opened my claim for the "Neimer review".Why I do not know except because of ischemic heart disease and prostate cancer.Still it should have been clear I was not in Viet Nam but Korea and missed presumptive date for prostate cancer due to AO in Korea by Five Months.

My present claim is in review and decision phase for second time.This time after C and P exam.It went back to RO 15 Feb. Report by VA Dr.As to anxiety claim......Diagnosis..Panic disorder.Symptoms that apply-depressedmood,anxiety,suspiciousness,panic attacks that occur weekly or less often,panic attacks more than once a week,mild memory loss,such as forgetting names,directions,or recent events.Flattened affect,circumstantial,circumlocutory,or steerotyped speech..... Axis lV -psychosocial and environmental problems socially isolated,lives alone.very litle social contact. .axis V Gaf 60

IMO by civilian Psychiarist.....Panic disorder with agoraphobia.secondary generalized anxiety disorder.AxisIII copd,cad,ddd,history of prostate cancer,osteoarthritis.Axis IV..Moderate Axis V 50 with highest being 60. This is a four page report ending with..Specifically then in regards to the patient's illness and his military service I can clearly say that this illness began during his military service however I can not say with certainty wherther his military service caused this illness.

IMO from PHY Assistant at local clinic...Two pages ending with....Veteran has been a patient at our clinic since 2010.After reviewing Veterans medical recorde it is my opinion that Veteran is totally and permanently disabled by chronic anxiety disorder,aggravated greatly by low back pain.. He cannot hold gainful employment because of these service relaed issues.

It is my opinion that Veterans chronic Anxietydisorder is more likely than not due to his active service duty.It is also my opinion that his low back pain is at least as likely as not related to his active service duty.

I have a letter from a former soldier I served with in Korea. He was the company clerk and tell about me being sent to the DMZ twice TDY.Just this in case by some chance they service connect the prostate cancer.As In said before I missed he Presumptive date by five months, I left there in Nov. 67

I have another letter from a fellow soldier I worked with on a dayly basis telling about the anxiety and low back pain.

I have several more ,about six or seven" Buddy" letters.telling about the anxiety and low back pain.

The c and p for arthritis and low back pain was done by a fee basis VA dr.and did me no good. He is same one that they asked an opinion for other conditions and I do not expect him to help any more there. Maybe wrong. I will know tommorrow when I go to release of info.

Long post I know.But wanted to give back ground.I reopened this claim 2 Feb.2010 and in June I filed for TDIU. I am hopeful to get at least a high enough rating for the TDIU at least,depending on what the opions are from this fee basis Dr. is on the other conditions and if I am able to get another IMO.IF I GET A HIGH ENOUGH RATING for TDIU,will the retro be to June when I asked for TDIU or will it go back to original denied claim of 2000?

Thank you all for your help,......also forgot to add I am receiving 100% PENSION since 2004.

Anymore advice and help I will appreciate.

[walt]

Hello again all,

If I have done this right These are the c and pKinda like the lottr reports for COPD,high blood pressure,and chronic Anxiety.Hope this helps Berta. Thank you.

Good Morning everyone.Klonipin worked well last night I guess. I realize the letter from company clerk may or may not help at present but I am hoping maybe if nothing else as far as the prostate cancer goes,to create a reasonable doubt.Since it was so few monhs before presumptive date for AO in Korea I went for it anyway.Then I was Stationed at Ft. Mcclellan Al. three different times(chemical warfare school was there).Also worked in surgery for several years and contended chemicals I was exposed to there on a dayly basis could have also contributed to prostate cancer ,since many of them are proven carcinogins.i.e,Formaldehyde,Benzine? Benzene,zylene,isopropal alcohol,and others.I also claimed exposure to ionization radiation due to the exposure to the gas sterilizing equipment we used.Kinda like the will not win without a ticket.

Thank you all kindly for helping. Please excuse the punctuation,mispeling etc.

Edited March 11, 2012 by walt

[Berta]

Regarding the BP claim, we discussed HBP values at the March 7^th SVR show and I hope you access the program in the archives as to how HBO values have changed over the years.

What was considered normal HBP reading decades ago might be abnormal readings today.

The opinion does SC the HBP but I am bringing up this point because it also stated readings were within normal limits in service (they were medicated) and the VA needs to consider what was 'normal' at time of those readings but also what is normal today regarding your current HBP medical evidence.

VA might not even question that at all but, I look for any weak points that VA could possibly pounce on, but I wouldn't worry about that.

Your rating for HBP if the claim succeeds will be based on current HBP medical evidence.

The panic attack statements support a service nexus for your anxiety claim.

The COPD statements as well support your inservice nexus for CODP as service connected.

Was this an addendum to a prior report on the COPD?

I didnt see the full medical rationale but assume it was on additional page or within a past C & P exam...?

You do have your Ducks in a row and they are ,in my opinion, well armed with evidence.

[walt]

Good Morning and thank you Berta.We must have bee n posting at same time. I just added some letters from Service members I worked with. I also have sent RO via congressman several more "buddy" letters about the anxiety and LBP.

Yes the copd issue is an addendum to prior c and p report. So is the High blood pressure. One problem is I left the frying pan (medical field),and jumped into the fire,(recruiting duty) All my records from that time were from a civilian Dr. And no where to be found.It seems to me this c and p Dr. is anti veteran.He stated the LBP was likely due to age and occurred after discharge. My SMR's are saturated with LBP complaints since early 70's as are VA records.He seemed to chose what he wantted to list as far as HBP readings and Meds.But I have submitted all the others to VA. PC Dr. just added at last visit another one isosorbide mononitrite.and in addition one of the prostate meds ,finasteride (cardura) is also used for high blood pressure.I think I jusy read that one of the anxiety meds,citalopram hydromide is used for HBP also. I wish the best to all on their claims and thank all for helping me.Good week-end to all.

Walt

[Berta]

This is the first Fort McClellan AO award: (maybe the only one so far)

http://www.va.gov/vetapp11/Files1/1108696.txt

The first AO CONUS award was to James Cripps ,exposed at Fort Gordon.

That case is here at hadit under search feature.

It would pay to check into these cases to determine how the veteran proved exposure.

There is more to read here since I first posted this AM and as soonas I get time I will read the rest of the downloads.

Regarding the prostate cancer, if not proven due to AO, it might take a strong medical opinion to determine if any specifi chemical yo use in service could have caused this cancer.

Chemical claims can be difficult but they are not impossible.

The specific type of chemicals have be assessed as to whether they,in fact, contain known carcingenics and then you need a strong medical opinion as to rule out any other cause for the specific type of cancer you have, but for the inservice chemical exposure, with a full medical rationale.

The VA,in my opinion, doesnt have any C & P specialists who could adequately opine on most chemical issues but are able to opine on them enough, in order for VA to deny the claim.

As you know the "Atomic" vets have a hell of a time gaining SC due to radiation exposure.

[Berta]

Your buddy statements are excellent for the anxiety claim.

Did you have a back injury in service and does it still affect you?

These are good examples of what a buddy statement needs to cover-

It is a statement as to an eye witness account of some inservice event, injury, situation etc, and the buddy needs to detail how their MOS put them in same time and place as you were in, so they could witness the event.

The buddy needs to put contact info as well for VA.

The Korea one is great too but as you agree doesnt get you into the Korea AO time frames.

Still you did a good job here and as to the prostate cancer, you raised more thenone reason for SC. If the AO fails then perhaps the chemical exposures will.

We as claimants, are not prohibited for raising any reason ,at all to gain service connection.

Best to raise the most probative cause first but sometimes claims are awarded on other issues raised instead.

For example in a very old claim I raised PTSD as causing my husband's heart disease as well as I claimed Sec 1151 VA negligence.

I never appealed the PTSD heart claim further and didnt give it any thought. Until Auhust 2010 and the AO IHD regs came out.

VA awarded within my FTCA case for the IHD but this was not service connected by VA until I got my Nehmer award in January 2012.

It was the original denial for the PTSD to heart claim (maybe in 1995) that put me under the Nehmer court order for the most favorable EED under the new regs.

One never knows when other AOs could be added to the presumptive list and how critical a past denial might become at that point.

[walt]

Good Morning everyone. Berta I hope I have posted everthing correctly.Thank you for your help.