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.

[USMC5811]

E-benefits is showing that they received my request for a copy of the C&P results....let's see how long this takes - I am definitely not going to hold my breath:) I'm waiting for a copy of the most recent medical notes from VA and private doctors before sending - there is another appointment with a civilian doctor in 2 weeks so I'll probably send all the information after that appointment. Thanks again!

[USMC5811]

Received the copies of the recent C&P results today - The actual claim process/decision has been slow but I gotta give props to the Winston-Salem RO for the fast service for getting the copies to me.

Thank you Berta for suggesting I request them....it's gonna be a long read.

[USMC5811]

It took me this long to read all the C&P results - but I did go through them numerous times before comparing them to the past/current medical records that I have. As stated before he is already Sc'd for Basal Cell Carcinoma 0%. I don't think that will change because thankfully his doctors are being proactive by destroying all the pre-cancerous lesions etc. I do however feel that the scars that he has from previous and current treatments could render a ratable (above 0%) decision - perhaps 10%.

His C&P examination for Skin Disease consisted of the Dr (QTC - no speciality in Dermatology) getting up..glancing at his head for 2 seconds and that's it. He had an appointment a few days ago with his private Dermatologist and I suggested that he bring the DBQ for for Skin Diseases (21-0960F-2) and Scars/Disfugurement DBQ (21-0960F-1) and see if his Dr. would be willing to fill it out. I was specifically interested in if the Dermatogist, who actually does spend time examining, would write something different concerning Scars - his scalp looks horrible from all the treatment. The C&P doctor did state there was a scar and some hypopigmented areas and scabbing from liqued nitrogen treatment. The dermatogist (who is a Naval Academy Grad, did his Dermatology Residency at the National Naval Medical Center and was Chairman of the Dept of Dermatology at a Naval Hospital) was a bit more detailed actually measuring the scar (from an incision to remove BCC while active duty) and described the scar: surface contour depressed on palpation and abnormal texture along with hypopigmentation.

I typed up a cover letter that pointed out his private doctors background and training, advised them of his recent treatment by his doctor = another biopsy (which thankfully came back negative for cancer) and having to destroy 15+ pre MLG Lessions again using liquid nitrogen (he's had this done 3 times in the last year and several times in previous years ) and specifically pointed out the discrepincies/difference in both doctors examination and answers to the question concerning scars. I listed the attachments on the cover letter and enclosed them (DBQ's from his private Dr.) and his most recent treatment report.

I left the decision to send the above in to my better half - and he is leaning towards submitting it now. Hopefully it won't set him back to far in obtaining a decision. Any opinons from those more knowledgeable is appreciated - wait for a decision on this one, then file a NOD or send it in now?

Forgot to add......Thanks in advance for any and all opinions.

Edited August 3, 2012 by USMC5811

[etihwr]

Your husband is wasting his time filing for an increase for Tinnitus. The US Supreme Court ruled in January 2008 that the rating is only 10%. The Court of Appeals for Veterans Claims was the only court that agreed with the DAV that it should be 20%. Between 1992 and 1999 you could get a rating of 0%, 10% or 20% but you had to have a head injury. Then in 1999 congress changed it to 10%. You have a better chance with an increase for Bilateral Hearing Loss. Best of luck.

[USMC5811]

Thanks etihwr. Sorry for the confusion, as I just realized that I posted the conditions he was already SC'd for then in the next sentence wrote that he was seeking an increase in the those - not tinnitus because as you stated the highest is 10%.....I was being lazy, not wanting to re-post all the contentions again.