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Completely Flabbergasted: Advice Desperately Sought

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As some of you who follow the PTSD forum know, I've been slowly building a fully developed claim based on my VA Diagnosis of PTSD with GAD and Panic Disorder with Agoraphobia along with an assortment of secondary conditions (constant stomach cramps, and weekly bouts of diarrhea and constipation), perpetual fatigue, severe erectile dysfunction, excruciating headaches, severe teeth grinding and constant body aches. I've been in the VA medical and mental health clinic since February of last year.

Today I received a brown envelop from the VA stating that they are working on my claim for post-traumatic stress disorder… I’m completely and utterly flabbergasted because I never filed, and had no intentions of filing until next year.

Basically I have acouple of questions:

  1. It states on the first page “we are working on your claim for: post traumatic stress disorder” can I still claim my secondary conditions, and will they consider the GAD and Panic Disorder with Agoraphobia as exacerbating my PTSD (clearly states in my VA diagnosis that I have PTSD, GAD and PD with Agoraphobia.)

  1. What’s the time frame on getting them all the evidence? The VCAA notice (Dated March 5th) says I have one year from the date filed to provide all the evidence to support my claim, but Ebenefits says I have until 04/04/2013 to provide it. There is no way I can provide all the evidence by April 4th, and a premature decision at this point would mean an instant denial. This is absolutely essential because I’m planning on seeing a host of outside specialists about my secondary conditions, and that’s going to take months if not the entire year. (The VCAA notice is so confusing, it seems to contridect itself)


At this point I’m in full freak-out mode, and don’t know how to continue, this caught me completely off guard. I wasn’t planning on filing until next year after I got all my ducks in a row for a fully developed claim.

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I believe that you should continue with your claim of PTSD. Worry about the secondary conditions after you have been service connected first! Somewhere along the line you had spoken to peggy and that's all it takes to get a claim in motion.

Again, work on the initial claim first

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It sounds like they did you a favor. Starting the claim sooner will give you an earlier effective date, so more retroactive compensation when all is said and done. I normally send in additional evidence while tey are deciding my claims. Just make sure you are clear to them whn you send it in that you want it added to your existing claim for PTSD. Definitely piggy back on the main claim with the secondary issues. The most important thing is that you bring it all up during your C&P exam and to make sure it is in your VA progress notes.

s/ Mags

We kept our promise and served honorably. Now it is time for the VA to keep their's!

I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.

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I normally send in additional evidence while tey are deciding my claims. Just make sure you are clear to them whn you send it in that you want it added to your existing claim for PTSD. Definitely piggy back on the main claim with the secondary issues.

One of my primary concerns is that the condition listed is solely post-traumatic stress disorder. I’ve also got GAD, Panic Disorder with Agoraphobia, along with a whole slew of secondary conditions, and some GWI presumptives. Don't you think it would be quite the strech to piggy back all of that off of a PTSD claim?

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“(clearly states in my VA diagnosis that I have PTSD, GAD and PD with Agoraphobia.) “

Is it possible they are running with that diagnosis and the secondary conditions?

I agree with above from Meg and Mags here .

the VA might have done the right thing .

Something triggered the VCAA letter. Were you recently hospitalized by the VA for anything ?

It certainly seems to me that, as mags said, you need to clarify the claim is for PTSD, with the secondarys you mentioned:

(clearly states in my VA diagnosis that I have PTSD, GAD and PD with Agoraphobia.)

And make SURE that you clarify the PD is for Panic disorder so VA doesn't think it is for Personality disorder or Parkinsons disease.

Some of these RO people can hardly read. (or dont want to)

I have multiple documented pieces of evidence from my own RO to prove that.It pays to clarify stuff sooner than later.

“At this point I’m in full freak-out mode, and don’t know how to continue, this caught me completely off guard. I wasn’t planning on filing until next year after I got all my ducks in a row for a fully developed claim. “

I wouldnt freak out , I would jump for Joy , if you have proof of a stressor and can focus on the PTSD. Has VA confirmed your stressor or do you fit into the new 2010 PTSD criteria via your service ?

What specifically has the VCAA notice asked for?

Make sure you send in the Response form enclosed with the VCAA letter, within that response period timeframe. And check the appropriate box.

It might be a good idea to find a vet rep to make sure VA does this right. Personally I think maybe a TDIU claim is in order here....with agorahobia due to your PTSD you really cant work outside the home ,can you?

Something to tlk to the vet rep about if you are not presently employed.

Do you receive SSDI for the PTSD?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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No, this is my initial claim for PTSD, so no SSDI.

I am currently employed, barely. I miss a lot of time, but end up making it up by coming in early (3 in the morning) or on the weekends when only acouple of people are in the office. I'm constantly in a state of panic, but I'm on the maximum dosage of Xanax (8mg a day) and that helps keep the panic attacks down to 3 or 4 a week and allows to remain employed. I don't enjoy it, I can barely handle my responsibilities, but its what I do to take care of my wife and daughter. If it wasn't for the Xanax (because thus far no anti-depressants have worked) I wouldn't leave the house.

I don't know if the VA has formally verified my stressor, thats all they want to talk about at my weekly sessions. I haven't personally submitted any official paperwork to them. (Yes, I fit the 2010 critera.)

I don't even consider GAD and Panic Disorder with Agorahobia secondary conditions, I kinda lump it all under my mental health state of mind.

My secondary conditions are ED, teeth grinding, constant stomach cramps with debilitating weekly episodes of diarrhea and constipation (I’m 28 and can’t remember when I last wore anything but adult diapers), I'm perpetually tired despite the sleep medications, my head hurts almost all the time (Can’t be my blood pressure, I’m on two medications that control that) and I ache all over.

I plan on sending this in response, and if they disagree I'll withdraw the claim until I can get everything compiled. This is just so much to sort through.....

"I acknowledge that on March 7th, 2013 I received paperwork pertaining to my claim for post-traumatic stress disorder initiated on Feburary 11th, 2013. The claim number for this case is **********. I acknowledge receipt of the VCAA Notice Response Form and elect to forgo all rights to an expedited claim. Instead I formally request an extention of one year to ensure all evidence is recieved before any further action is taken on my claim.
Because of my deteriorating condition, the number of specialists I need to see concerning multiple secondary conditions relating to my primary claim of post-traumatic stress disorder, and the necessity of my wife helping me assemble my claim, this year would allow me to gather, assemble, and deliver a proper claim."
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It sounds like they did you a favor.

As far as the effective date is concerned, they did do me a favor, but as far as other conditions I wanted to claim, and acutally having all my paperwork in a row? Not really, theres no way I'm going to feel comfortable with the evidence I have thus far in 30-60 days. I'm faxing and mailing them a a 21-4138 in the morning requesting a one year extension (see my post above), if they don't grant it I'm going to have to withdraw the claim for now.

Berta and others more knowledable than me about Gulf War Illness; I spent last night combing the GWI Forum. Things came to a head yesterday evening as I was driving the half mile to a local convenience store to get my daughter some milk. I completely lost everything in my bowels before I left the neighborhood. I'm not even 30 yet but I can't remember the last time I was able to wear a regular pair of underwear. I'm constantly tired even though I take sleep medication, I can't run enough to build up any kind of "wind", my muscles constantly ache, I have headaches that rival my wife's migraines, and I ache at places in my body that absolutely terrify me, places I know organs are. (I ache around my kidneys, liver).

From what I'm gathering from the GWI forum is you have until 2016 to file, but you must have been seen and treated for the presumptive conditions no later than one year after your discharge. The VA didn't even come out with these conditions until more than a year after I was discharged, and nearly three years after being exposed to burn pits in Taji, Iraq. I've been treating the symptoms with OTC medications since 2009 because really, who makes a connection between body aches, bouts of incontinence and constipation, and headaches?

All I've ever heard from the VA is there is no long term effects from the burn pits, and now that this stuff is finally coming to light, (saw the news on CBS last night), I'm terrified.

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