tinnitus Should I Get Imos Before Submitting A New Claim?

[lostinthailand]

I'm preparing to apply for an increase in my rating for depression, ankle pain and submit a new claim for headaches, which result from my antidepressant medication and sleep apnea. I no longer work as a result of these.

I planning to submit my claim and return to the U.S. in July.

My antidepressants and the narcotic pain killers I take for the headaches are all over the counter here in Thailand so I've haven't seen a doctor about these issues in a long time.

So, my question is, should I go to a local doctor to establish some documentation before I submit the claim in July, or will the VA scheduled exams be enough?

Regarding my ankle pain, the pain has increased significantly over the years. However, unless I walk a few miles, it looks and moves like it should. No swelling or stiffness. It does swell and get stiff if I walk very far, so naturally I don't do that. Do I have any chance of getting an increase for the ankle or should I let it be?

Finally, should I also claim total disability since I can no longer hold a job?

I have a hard time getting my head around the VA process, acronyms, etc. It's incredibly taxing to even think about. So thanks for your help.

Sincerely,

LIT

Sleep Apnea 50%

Major Depression 30%

Residual of Right Ankle Pain 10%

Tinnitus 10%

[lostinthailand]

Thanks, Dot09. I'm also claiming a new disability with the headaches though. I'm thinking I'll need to submit a new 22-526 for that instead of just applying for TDIU, correct? Thanks for pointing out the DBQ form!

My main question is will getting opinions and documentation from local doctors here in Thailand help my case or should I just wait for the C&P exams?

Sincerely,

LIT

[lostinthailand]

Thanks. That's what I'll do then.

"What was your MOS?" Aircrew/Avionics Tech

"Is there any other medical problems you have?" The only other problem I can think of is something called PLMD, (periodic limb movement disorder) that seems to be related to my sleep apnea. I twitch when I sleep - drives my wife nuts!

[meghp0405]

lostinthailand,

before you request an re-evaluation on your SC disabilities, I would absolutely do things a little different than what you have been told.

First and foremost, when requesting a re-evaluation, make sure you have the medical documentation in support of your claim. if the medical documentation is from a civilian doctor, obtain copies and submit with your claim. If your records are with the va, then you do not have to submit medical documents. If you file a claim for TDIU, obtain a letter from a doc stating that you can not work due to your service connected disabilities. If you are submitting a new claim (headaches) have documentation from a doctor stating that the headaches are secondary to your SC disability. If you are able to find a doc that will complete a DBQ for you, that would be great. However, just because you have a DBQ doesn't necessary mean that the va will not schedule a C/P exam.

When you submit for TDIU (va fm 21-8940) submit this with a va fm 21-526ez. this is a fully developed claim. Most VARO's are knocking these fdc's out around 3-4 months.

by submitting your claim as described above, depending on the VARO, you are in for at least 12-18 months of waiting. Submit ALL documentation together, your claim will be done more quickly.

[meghp0405]

before you send in a claim for TDIU, M21-1MR, Part IV, subpart ii, chapter 2, section F states; "A claim for IU must contain sufficient medical evidence to support a current evaluation of the extent of all the veteran's disabilities. the evidence should reflect the veterans condition within the past 12 months and include but not limited to, results of a va exam; hospital reports and/or outpatient medical records.

Without documentation to support your claim for TDIU, its bound for disaster before even arriving at your VARO. Also 38 CFR, section 4.16 also explains the requirements for TDIU. In part this section talks about, a. if there is only one such disability, that disability shall be ratable at 60% or more, b.if there are two or more disabilities that cause you not to work, one disability must be at 40% or more with a combined rating of 70%, 80% or 90%.

This paragraph goes into further detail and I urge you to read this for your own knowledge.

I stand firm by my previous comments about the fully developed claims. SUBMIT YOUR CLAIM WITH ALL REQUIRED DOCUMENTATION! Over the last 20 months, I have submitted over 500 of these claims on behalf of the veterans that I work with. They each have been adjudicated in 90 days or less (one claim was done in 8 days). The only exception to this is the individuals retiring from the service and have been awarded at least 50%. Their claim has to be forwarded to DFAS for the pay computation. Those claims have gone an additional 30-40 days.

Also, remember pain is a symptom not a disability. Obtain a diagnosis on your foot then add it to your claim if that is what you are wanting to do.

You stated that you wanted to add headaches due to your sleep apnea(?) I've never heard of this one, but I'm not a doctor. Your claim for TDIU will never fly without an NEXUS.

Have you gone and had these headaches documented? If you obtain a service connection for headaches, the disability is based upon how many you have in a month. You can always say that you self medicate yourself, but based upon my experience that doesn't always fly with the va adjudicators.

I would start going to see some docs now and then when you return to the states submit your claim when you have all your supporting documents. Again, each VARO is different in the time frame for adjudicating claims and most are around 12-18 months. Some are taking up to 3 years. You owe it to yourself to obtain all supporting documentation, then submit your claim.

Good luck!

Edited April 10, 2013 by meghp0405

[lostinthailand]

Thanks for the heads up on the 21-526ez. That looks like the better options. I'm surprised the DAV guy I'm working with didn't bring it up.

Dot, yes, so I'll send the TDIU application in now and wait on the rest until I have the rest of the documents to substantiate my claim. I took the DBQ to my Thai psychiatrist today and she agreed to interview me next week and provide an IMO. I think she wants me to tell her what to say and let her sign it. Hmm.

LIT

[lostinthailand]

Ok, I posted that last one before I saw your reply, meghp. It's not going to take me very long to get all my evidence together so I might as well wait. Thanks for the info.