ptsd A Few Questions In Regards To Disability Compensation Claim

[USMC5811]

Not sure if this is the correct thread to post these questions under, I apologize if it is not and thank you in advance for moving it to the correct one.

Background: I am also a veteran currently at 0% - with a claim in. These questions are not about my claim specifically but instead my husband's who is also a veteran/retired after 22 years USMC. . He is currently at 30%. SC'd for Cervical Spine Strain (10) Lumber Spine Strain(10) Left and Right Knee Patellofemoral Syndrome (0) Tinnitus (10) Left Wrist (0) Hearing Loss (0) Basal cell carcinoma (0%). He filed for an increase in all the above. C&P's have been completed. He's currently wearing a back brace, and two knee braces issued by the VA. Is getting hearing aides from the VA next month and is being treated by the VA for PTSD (new - in the same claim as the above) after being diagnosed by a civilian psych as well as a VA psych- he's currently on meds for pain & PTSD (as well as some of the secondary conditions) - Gulf War Veteran- Artillary. The VA told him that they did not have a Dermatologist on staff and approved for him to seek a civilian one that would accept VA. Of course we could not find a dematologist in a 100 mile radius that would accept VA - so we relied on Tri-Care to pay for the Dematologist - who took several skin biopsy's of the lesions on his head and then destroyed (by burning) 15+ other lesions on his head. The lesions have since returned and there is alot of scaring, skin pealing etc - he has a follow-up appt coming up with the same civilian doctor for the skin problems. Thank goodness for Tri-Care because the last thing we needed was another 2k bill. His claim is currently in Review of Evidence Phase and has been for well over a year.

Questions:

Since he put in his most recent claim (above) he continues to been seen by VA Docs for all the above. I assumed (yes, assuming does make an @ss out of me) as did he, that by signing and providing the VA Pension and Comp personnel with the 21-4142 with these doctors (the ones he has been seeing both Civilian and VA) info, that they would continue to obtain info pertaining to his treatment/symptoms etc up until a decision is made by them. Is this correct? Or should he request copies of the VA/Civilian Doctors notes, increase in meds etc and send it to DVA himself? Is there a time limit as to when they will no longer take evidence/doctors reports OR can all evidence be considered up until the time a decision is actually made? His problems have gotten worse over the last year and half .

Should he request copies now of the QTC C&P Exam Results( which do show on E-Benefits that the VA received from QTC)?

or should we just wait and see what the outcome is for the above claim and then request them if we need to file a NOD?

Our RO is almost 8 hours away......is there a way to request the info by mail?

Will requesting a copy of the QTC C&P Exams set us back in time as far as the completion of the claim is concerned?

I have really learned alot from this forum and am constantly reading the forums and various court ruling etc to learn even more. I appreciate every member....every veteran. Thanks in advance for any information or opinions.

[Pete53]

Welcome to Hadit. Since he got a QTC exam the only place he can get a copy is from the VARO. If you live within a reasonable distance going to the VARO may be your best bet.

[Berta]

I suggest if he can, to follow up on the private records to make sure VA did obtain them.

“Will requesting a copy of the QTC C&P Exams set us back in time as far as the completion of the claim is concerned? “

Not really, because the results of any C & P exams control the outcome of his claim and it is always a good idea to get a leg up by reading the actual results and then comparing them when the decision comes, as sometimes stuff could be left out. He can request this in mail, under the Privacy Act, 5, USC, 552 and give them his C file number in the letter and send it to the VARO he deals with.

“Is there a time limit as to when they will no longer take evidence/doctors reports OR can all evidence be considered up until the time a decision is actually made? “

I always sent in evidence until I got a decision. If he doesn't agree with the decision he will be able to appeal it with more evidence.

As you said his problems got worse since filing his claim so I hope (and assume too) that VA will base their decision on all available current records.They will definitely hang their hat on whatever the C & P docs said. I hope his C & P results are favorable.

If not, his private records or even an IMO might have to come into play.

Are the “0” disabilities he has rated as SC at “0” instead of NSC?

Even at "0" a SC designation is always better than a NSC one.

Thank you both for serving our country!

“I am also a veteran currently at 0% - with a claim in.”

A copy of any C & P results might sure help you too with your claim when they are done.

Edited July 16, 2012 by Berta

[carlie]

I would get copies of all updated Private and VAMC medical evidence

and submit it to the VARO myself.

Beware tho that each time additional evidence is submitted -

IMO it will ADD to your waiting time so, I don't suggest doing it frequently.

[USMC5811]

Thank you very much Pete and Berta for responding to my post. I will type up a request tonight in reference to requesting the C & P results for the both of us (seperate letters of course for each request). He also intends to obtain a copy of his civilian doctors notes from all the appointments since sending in the claim and we will send them off to our VARO as well.

Berta, all the "0" disabilities he has have already been Service Connected by the VA - he received their decision on his initial claim (which was done while he was processing out) a few months after he retired. Neither of us had any idea that an increase was even possible (we thought after the first year after his initial decision - that was that) until about a month before he filed for the increase when he bumped into a vet from one of his old units, or that he could even request/receive treatment from the VA for the problems he was having. I know when I EAS'd (honorable discharge) more then a few years before him, I did not receive any outbrief or was the VA even mentioned to me....I'm glad that at least things have changed, reportedly, in this respect for the most current vets that are transitioning to the civilian world.

Thanks again for you response and all the information that you provide on this forum.

[carlie]

38 CFR

Part 3:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=9fb3b231bbbc456006b5883e632fa097&tpl=/ecfrbrowse/Title38/38cfr3_main_02.tpl

Part 4:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=9fb3b231bbbc456006b5883e632fa097&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

[USMC5811]

Thanks Carlie for the info. So much to learn, so much to read. In hindsight, I really wish I would have found this site BEFORE we both filed. After reading more then a few current and previous posts/opinions from the elders on this site as well as other contributers, the various court rulings etc I would have put together the claims much differently. We have been unable to make contact with the VFW rep that "helped" (oh and I do use that term very loosely) my husband put in the most recent claim, after office visits in person and more then a few phone calls, so we are on our own on this for now. One thing I have definitely learned from this forum that WE are our best advocates, it is worth doing as much of the legg-work (compiling medical records/info from SRB, MHR to present, researching court rulings and tieing everything together into a neat bow) BEFORE one files a claim. I take back the comment about us being on our own....this forum and its members are a great source of advice. Thanks again!