Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Completely Flabbergasted: Advice Desperately Sought

Rate this question


2E151

Question

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.

Link to comment
Share on other sites

  • Answers 18
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Please post a link to the PTSD forum you mention. I used to be involved w/one but that was about 6-8 yrs ago. Thanks!

pr

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.

Link to comment
Share on other sites

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?

Mental health only gets ONE evaluation for percentage level.

You can have 5 different MH diagnosis and all can be SC'd

but VA provides one evaluation for MH - not one for each separate diagnosis.

Waiting a year to file the claim is costing YOU money.

JMHO

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Mental health only gets ONE evaluation for percentage level.

You can have 5 different MH diagnosis and all can be SC'd

but VA provides one evaluation for MH - not one for each separate diagnosis.

Waiting a year to file the claim is costing YOU money.

JMHO

Yeah, I know about the one mental health evaluation. As I understand it, they'll pick my most severe issue, evalulate me on that, and the rater will consider the two lesser issues along with the primary condition to determine an overall rating.

If I get an extension and keep my effective date, it really won't be costing me money. Where as if I submit a scrambled together claim, that could potentially cost me a great deal of money and time.

Please post a link to the PTSD forum you mention. I used to be involved w/one but that was about 6-8 yrs ago. Thanks!

pr

PR, I used to hit up acouple of forums, but the only ones I really utilize on a regular basis is this one and the PEB forum. Too many logins and passwords to keep track of. The basic gist is I was hoping to file a fully developed claim for PTSD, the secondary conditions from PTSD, and some presumptives conditions under the Gulf War Illnesses all in one fell swoop. Whoever initated this claim didn't have the whole picture, so it must have been someone in mental health clinic.

I'm still trying to contact battle buddies for statements, get a private examination for PTSD, try and figure out how to get a GWI exam, and see some private specalists for my secondary conditions. For someone with severe anxiety, 60 days isn't nearly enough time to get everything together.

Link to comment
Share on other sites

PR, I think this vet means the PTSD forum here and our GWI forum.here too

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.

Link to comment
Share on other sites

An appeal will let you introduce new evidence and preserve your EED date now that a claim is established. My own personal feeling, from experience, is that the likely win will occur at BVA, not the VARO.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use