ptsd 100% Combined Claim Complicated With Proposed Incompetence

[Rilenator]

I just got my claim results in the mail today. (info in Signature area) I filed in August 2011 while on active duty, Via Benefits Delivery at Discharge. I retired and transferred to the fleet reserve in Feb 2012. I filed through the DAV in a regional northern California office. I could not find gainful employment to pay the insane rental cost in the Republic of Kalifornia, and made my transit north where I could afford to live within my means. I am almost equal distance between Portland, Oregon and Sacramento/Oakland Ca. I have been working with the DAV office in the northern California /Bay region. I check E-bennies every week. On The 26th I noticed that the VA had changed status from "decision" to "completed" stage, skipping over approval, and notification. with no information as to why it was completed. I also noticed that a new claim had ben opened that reads predetermination for proposed incompetence. I tried to contact he VA but, as soon as they brought up my file they refused to speak with me and all but hung up on me. (politely: all your questions will be addressed when you receive notification) Notification of what? they would not say. Soooooo

I contacted DAV regional NORCAL office. they looked up my status and were able to read it over the telephone. I asked what to do. They said officially nothing until I get the award notification letter. I had read several posts here at hadit, so I contacted my doctor. he has been my primary care provider for the past year. he drafted me a letter stating that I am fully mentally capable to handle my own finances. I faxed that letter along with an updated 686-C with all my dependent status and a copy of my most recent checking account statement....All done on the 1st of July 2013. Today is the 5th of July, just got my letter. They are proposing incompetency not based on financial instability, but alcohol dependency. Really strange, because I remember stating during my C&P exam that I did not drink ANYMORE because of severe acid reflux. Anyway, I understand it is probably just a canned response from the VA, but it has some serious repercussions for me. I work in and around the Law Enforcement community. I would find it really embarrassing to have to explain to the Sheriff why one of his CCW permit holders and respected community volunteers has to turn in his firearms. I am VERY concerned by this. It is not about the money. (of which I have not been paid anything, as the VA has screwed up my dependency data as well) It is about my SECOND AMENDMENT RIGHTS. I should be noted that I carried a weapon in combat for NINE (9) years AFTER my 2003 concussion/TBI in three theaters of operations, with ZERO weapon or alcohol discrepancies.

I can ramble on for longer, but. I may need help. Today I contacted the DAV office that I had faxed the information to on the 1st, and the nice secretary mentioned that it might be a good idea to go to the Portland office. She would not get into details, but asked why I was faxing additional documents (Dr. letters and account information) to support my dependent (spouse and children information) Va form 686-C, as they would not be reviewed with the 686-C. They should have been faxed with a different memo. I wonder If she is trying to help me? I have heard some rumblings that some DAV/VA interactions are shall we say.. a bit too close. I would Refute this wholeheartedly, as not to fall into some PTSD induced paranoia. Cut to the point..

Should I continue to trust the DAV? Should I change from NORCAL where I filed, to Portland (responsible for where I live)? Should I allow the DAV to send the NOD and refute the INCOMPETENCE claim. Should I address the other issues (like 0% for TBI because it is covered by PTSD) at the same time as I attempt to counter the Incompetence and bogus alcoholism claim. WHAT information should I send to prove that I don't drink? I feel like I'm deep underwater and coming up way too fast!

[Berta]

“They are proposing incompetency not based on financial instability, but alcohol dependency. Really strange, because I remember stating during my C&P exam that I did not drink ANYMORE because of severe acid reflux.”

GEEZ I never saw something like that before (what was their basis to support that)......and

“Should I address the other issues (like 0% for TBI because it is covered by PTSD) at the same time as I attempt to counter the Incompetence and bogus alcoholism claim. WHAT information should I send to prove that I don't drink? I feel like I'm deep underwater and coming up way too fast! “

Hold the phone-double GEEZ

TBI and PTSD HAVE to be rated separately!!!!!

TBI is a physical injury that they rate residuals on.

PTSD is due to emotional injury, although a TBI cause can also be a major stressor, causing the PTSD.

This is VA BS. Can you possibly scan and attach the actual decision here (cover C file number, name ,address etc, ) when you get it ,so we can read exactly what the VA said?

Based on what you stated, I believe the VA has made a legal error ,maybe two, in the info you are getting.... then again that letter from your primary care doctor might have stopped them at the pass on the incompetence crap....the “new” claim.....

“ WHAT information should I send to prove that I don't drink? I feel like I'm deep underwater and coming up way too fast! “

You dont have to answer this here but ,if you have been in AA and have a sponsor,it is quote possible they might be able to verify your sobriety with a 'buddy statement' of a sort to the VA.

Also your friends,employer and significant others can do that too.

BUT, maybe best to see first what the actual decision is.

And I think most of us, in sure include myself, have VA induced PTSD as well as VAOLA paranoia.

Your concerns are completely normal in dealing with a system that many of us can verify, is often snafued and fubared up the ying yangs......

Also" I have heard some rumblings that some DAV/VA interactions are shall we say.. a bit too close."

I believe that happens with many VA and vet orgs individuals .....,. Still no reason to assume that here.

Medical evidence awards claims , not cozy up stuff.

Many will advise asking for a hearing if they do propose incompetence.

Can you possibly scan and attach here ,without personal identifying stuff, the decision that you did get????

I think you should continue this with the DAV at this point but maybe I misunderstood something...... I also think you should send anything pertinent to the VARO that made the actual decision on any of your claims.

On the right hand upper side of all VA decisions there is a numeric and alphabetic code usually under the date.

The letter of course has the address the decision came from but the code contains the initials of the rater who made the decision, I always send stuff Attention To, on any response letters or 4138s I send to my RO.

And I sure always get a USPS proof of mailing with a tracking slip I can print off from the USPS web site to verify that VA really got what I sent to them.

Competency

A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to mange his or her own affairs, including disbursement of funds without limitation. 38 C.F.R. § 3.353(a) (2003). There is a presumption in favor of competency. 38 C.F.R. § 3.353(d). Where reasonable doubt arises regarding a beneficiary's mental capacity to contract or to mange his or her own affairs, including the disbursement of funds without limitation, such doubt will be resolved in favor of competency. Medical opinion is required for the rating agency to make a determination of incompetency. Unless the medical evidence is clear, convincing and leaves no doubt as to the person's incompetency, the rating agency will make no determination of incompetency without a definite expression regarding the question by the responsible medical authorities. Determinations relative to incompetency should be based upon all evidence of record, and there should be a consistent relationship between the percentage of disability, facts relating to commitment or hospitalization and the holding of incompetency. 38 C.F.R. § 3.353© (2003).

In your case, from what you posted here, the VA's proposal of incompetency seems utterly absurd.

[Berta]

Maybe VA's point was that the TBI had no ratable residuals and they did rate it separately from the PTSD.

I could not read well, the breakdown of your SCs.

VA has,in the past, combined TBI ratings with PTSD ratings and they were legally wrong in those decisions.

Edited July 6, 2013 by Berta

[Rilenator]

Thanks Berta

I received two thick packets in an envelope.

One is rubber stamped with JULY 01 2013 in black stamp ink in the upper left hand corner, and a bar code on the lower right. Upper right reads In Reply Refer To: 341/2121/NR/273 CSS yadda yadda, my name. In this one they changed it. The proposed Incompetency is now based on alcoholism, which is even more absurd. this one reads:

We have received information showing that because of your disabilities you may need help in handling your Department of Veterans Affairs (VA) benefits. We received the information from VA examination, February 21, 2012 and February 29, 2012. The mental examination, dated February 21, 2012 and February 29, 2012 shows that you are not capable of managing your benefits in your own best interest because you are alcohol dependent.

We must decide if you are able to handle your VA benefit payments. We will base our decision on all the evidence we already have and any other evidence you may wish to send us. Before we make a final determination, you have the right to submit any evidence, information, or statement that will present your side of the case.

What We Propose to Do

We propose to rate you incompetent for VA purposes. This means a fiduciary may be appointed to help you manage your VA benefits. Payment of any money due you will be made directly to your fiduciary. This person or institution must use your payments for your benefit and is responsible to VA for their use.

We have enclosed a copy of our Rating Decision for your review. It provides a detailed explanation about our proposal, the reason for it, and the evidence considered.

When and Where To Sendthe Information or Evidence

Send the information or the evidence to the address at the top of this letter within 60 days from the date of this letter. Please put your full name and VA file number on the evidence. If we don’t receive the information or evidence within that time, we will make our decision based only on the evidence we have received.

How Soon Should You Send What We Need?

We strongly encourage you to send any information or evidence as soon as you can. If we do not hear from you, we may make a decision on your claim after 60 days. However, you have up to one year from the date of this letter to submit the information and evidence necessary to support your claim. If we decide your claim before one year from the date of this letter, you will still have the remainder of the one-year period to submit additional information or evidence necessary to support your claim.

How This Decision Could Affect You

A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition.

HOW CAN THEY CHANGE WHAT THEY ARE FINDING ME INCOMPETENT ON, on two versions in the same notification mailing?

The other packet appears to be the decision letter. It is Dated JUNE 18 2013 In this one the Proposed Incompetency is for financial reasons. My decision letter is 40 pages long. Somewhere hidden in there around line item 32 it reads: 32. Competency to handle disbursement of funds

A mentally incompetent person is defined as one who, because of injury or disease, lacks the mental capacity to control or manage his or her own affairs, including disbursements of funds without limitation. Where there is a doubt as to whether the beneficiary is capable of administering his or her funds, such doubt will be resolved in favor of competency. Since there is a definitive finding of incompetency by a physician in this case, and the claimant is not shown to be able to manage personal affairs to include disbursement of funds, we propose to make a determination of incompetency for VA purposes. {38 CFR 3.353}

You reported on VA examination difficulty managing your own financial affairs and that you depend on your son for assistance.

". I have attached the whole thing for all of you 40 pound heads that like this kind of stuff. I hope that someone can use my case as a training tool or something. Anyway here it is Page 1-20:

DEPARTMENT OF VETERANS AFFAIRS

SALT LAKE CITY REGIONAL OFFICE

PAPERLESS DELIVERY OF VETERANS BENEFITS

550 FOOTHILL DRIVE, P0 BOX 58067

SALT LAKE CITY UT 84158-8067

SCHOEN P. RI! FV

Represented By:

DISABLED AMERICAN VETERANS

Rating Decision

June 18, 2013

INTRODUCTION

The records reflect that you are a veteran of the Gulf War Era. You served in the Navy from February 13, 1991 to February 12, 1995 and from February 28, 1996 to February 29, 2012. You filed an original disability claim that was received on August 31, 2011. We grant service connection for a disease or disability that began in military service or was caused by some event or experience in service. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. In respect to all service-connected disabilities, a review of the evidence does not show that your claim warrants submission for special consideration.

DECISION

1. Service connection for post traumatic stress disorder is granted with an evaluation of 70 percent effective March 1, 2012.

2. Service connection for bilateral pes planus with arthritis of the first metatarsophalangeal joints is granted with an evaluation of 50 percent effective March 1, 2012.

3. Service connection for sleep apnea with asthma is granted with an evaluation of 50 percent effective March 1, 2012.

4. Service connection for degenerative joint disease, status post lumbar spine fusion granted with an evaluation of 10 percent effective February 13, 1995. A 40 percent evaluation is assigned from March 1, 2012.

5. Service connection for migraine is granted with an evaluation of 30 percent effective March

1, 2012.

6. Service connection for scars left temple, status post steam bum is granted with an evaluation of 30 percent effective March 1, 2012.

7. Service connection for degenerative joint disease, cervical spine is granted with an evaluation of 20 percent effective March 1, 2012.

8. Service connection for radiculopathy, right upper extremity is granted with an evaluation of

20 percent effective March 1, 2012.

9. Service connection for left jaw injury is granted with an evaluation of 20 percent effective March 1, 2012.

10. Service connection for gastroesophageal reflux disease with irritable bowel syndrome is granted with an evaluation of 10 percent effective March 1, 2012.

11. Service connection for left hand strain with residuals, status post middle finger fracture is granted with an evaluation of 10 percent effective March 1, 2012.

12. Service connection for right hand strain is granted with an evaluation of 10 percent effective March 1, 2012.

13. Service connection for left ankle strain is granted with an evaluation of 10 percent effective March 1, 2012.

14. Service connection for right lower extremity radiculopathy is granted with an evaluation of

10 percent effective March 1, 2012.

15. Service connection for right elbow strain is granted with an evaluation of 10 percent effective March 1, 2012.

Page 3 of 40

16. Service connection for right knee strain is granted with an evaluation of 10 percent effective March 1, 2012.

17. Service connection for left knee strain is granted with an evaluation of 10 percent effective March 1, 2012.

18. Service connection for left wrist strain is granted with an evaluation of 10 percent effective March 1, 2012.

19. Service connection for right wrist strain is granted with an evaluation of 10 percent effective March 1, 2012.

20. Service connection for degenerative joint disease, right shoulder is granted with an evaluation of 10 percent effective March 1, 2012.

21. Service connection for tmnnitus is granted with an evaluation of 10 percent March 1, 2012.

22. Service connection for dermatitis with bilateral tinea pedis is granted with an evaluation of

10 percent effective March 1, 2012.

23. Service connection for allergic conjunctivitis is granted with an evaluation of 0 percent effective March 1, 2012.

24. Service connection for nephrolithiasis is granted with an evaluation of 0 percent effective March 1, 2012.

25. Service connection for traumatic brain injury is granted with an evaluation of 0 percent effective March 1, 2012.

26. Service connection for abdomen scar, status post surgery is granted with an evaluation of 0 percent effective March 1, 2012.

27. Service connection for scar, right leg is granted with an evaluation of 0 percent effective March 1, 2012.

28. Service connection for left chest and left side stomach scars, status post nodular excision is granted with an evaluation of 0 percent effective March 1, 2012.

29. Service connection for scar, status post lumbar spine fusion is granted with an evaluation of

0 percent effective March 1, 2012

Page 4 of 40

30. Service connection for scar, right wrist steam bum is granted with an evaluation of 0 percent effective March 1, 2012.

31. Basic eligibility to Dependents’ Educational Assistance is established from March 1, 2012.

32. A finding of incompetency is proposed.

33. Service connection for photorefractive keratectomy is denied.

34. Service connection for bilateral dry eyes is denied.

35. Service connection for belly numbness is denied.

36. Service connection for left index finger numbness is denied.

37. Service connection for chest numbness is denied.

38. Service connection for heart abnormality associated to Gulf War Illness is denied.

39. Service connection for left leg numbness is denied.

40. Service connection for chest pain is denied.

41. Service connection for soft palate removal is denied.

42. Service connection for nervous ticks associated to Gulf War illness is denied.

43. Service connection for uncontrolled movements associated to Gulf War illness is denied.

EVIDENCE

• Service Treatment Records, from February 13, 1991 through February 12, 1995

• Service Treatment Records, from February 28, 1996 through February 29, 2012

• VA Form 21-526c Veteran’s Pre-Discharge Compensation Claim, received August 31, 2011

• VA Form 21-4138, Statement in Support of Claim, received August 31, 2011

• VA Form 21-0781, Statement In Support Of Claim For Service Connection for Post Traumatic Stress Disorder (PTSD), received August 31, 2011

• Private treatment records, dated February 9, 2012

Page 5 of 40

• Veterans Claims Assistance Act (VCAA) Letter, dated August 21, 2012

• Review of entire claims folder

• VA Examination, dated February 15, 2012

• VA Examination, dated February 17, 2012

• VA Examination, dated February 21, 2012

• VA Examination, dated February 29, 2012

• VA Examination, dated March 8, 2012

REASONS FOR DECISION

1. Service connection for post traumatic stress disorder

Service coimection for post traumatic stress disorder (also claimed fatigue and sleep trouble) has been established as directly related to military service.

An evaluation of 70 percent is assigned from March 1, 2012.

We have assigned a 70 percent evaluation for your post traumatic stress disorder based on:

• Anxiety

• Depressed mood

• Difficulty in adapting to a worklike setting

• Difficulty in adapting to stressful circumstances

• Difficulty in adapting to work

• Difficulty in establishing and maintaining effective work and social relationships

• Flattened affect

• Impaimient of short- and long-term memory

• Neglect of personal appearance and hygiene

• Occupational and social impairment with reduced reliability and productivity

• Panic attacks (less than weekly)

• Panic attacks (weekly)

• Suspiciousness

• The examine? 5 assessment of your current mental functioning, which is partially reflected in your Global Assessment of Function score found below.

Your Global Assessment of Function (GAF) score is 40. A range of3l-40 indicates some impairment in reality testing or communication; or major impairment in several areas, such as work or school, family relations, judgment, thinking, or mood.

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation.

Page 6 of 40

A higher evaluation of 100 percent is not warranted unless the evidence shows total occupational

and social impairment, due to such symptoms as:

• gross impairment in thought processes or communication

• persistent delusions or hallucinations

• grossly inappropriate behavior

• persistent danger of hurting self or others

• intermittent inability to perform activities of daily living (including maintenance of minimal

personal hygiene)

• disorientation to time or place

• memory loss for names of close relatives, own occupation, or own name.

Examiner further reports that cognitive findings are associated to the post traumatic stress disorder and not the traumatic brain injury; therefore, these symptoms will be used in our evaluation of post traumatic stress disorder and will not be considered in our evaluation of traumatic brain injury.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following the evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Form 21-0781, Statement In Support Of Claim For Service Connection for Post-Traumatic

Stress Disorder (PTSD), received August 31, 2011

VA Examination, dated February 29, 2012

2. Service connection for bilateral pes planus with arthritis of the first metatarsophalangeal joints

Service connection for bilateral pes planus bilateral pes planus with arthritis of the first metatarsophalangeal joints (claimed as bilateral flat feet) has been granted because this condition, which existed prior to military service, permanently worsened as a result of service. The preservice percentage is normally deducted before assigning any service connected evaluation less than 100 percent. Since the preservice percentage is zero, no deduction is necessary.

An evaluation of 50 percent is assigned from March 1, 2012.

Pag 40

We have assigned a 50 percent evaluation for your pes planus based on:

• Extreme tenderness of plantar surfaces of the feet

• Marked pronation

Additional symptom(s) include:

• Inward bowing of the tendo achillis

• Pain on manipulation of the feet

• Pain on manipulation, accentuated

• Pain on use of the feet

• Pain on use, accentuated

• Symptoms relieved by arch support

• Weight-bearing line over medial to great toe

This is the highest schedular evaluation allowed under the law for flatfoot, acquired.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of aggravated service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

3. Service connection for sleep apnea with asthma

Service connection for sleep apnea with asthma (also claimed as restrictive lung disease, fatigue, and sleep trouble) has been established as directly related to military service.

An evaluation of 50 percent is assigned from March 1, 2012.

Your asthma, bronchial warrants a 10 percent evaluation based on:

• Intermittent oral bronchodilator therapy

We have assigned a 10 percent evaluation for your asthma, bronchial based on:

• Intermittent oral bronchodilator therapy

Page 8 of 40

Your sleep apnea syndrome warrants a 50 percent evaluation based on:

• Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine.

Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 may not be combined with each other. In such cases, as in yours, a single rating will be assigned under the diagnostic code that reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. {38 CFR §4.96}

We have assigned a 50 percent evaluation for your sleep apnea syndrome based on:

• Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine.

A higher evaluation of 30 percent is not warranted for your asthma, bronchial unless there is:

• Forced Expiratory Volume in One Second (FEV-l) of 56 to 70 percent predicted; or,

• FEV-l to Forced Vital Capacity (FVC) (FEV-1/FVC) of 56 to 70 percent; or,

• Daily inhalational or oral bronchodilator therapy; or,

• Inhalational anti-inflammatory medication.

A higher evaluation of 100 percent is not warranted for your sleep apnea syndrome unless there is:

• Chronic respiratory failure; or,

• Carbon dioxide retention; or,

• Cor pulmonale; or,

• Tracheostomy required.

Please note: Examiner reported no clinical finding of chronic fatigue syndrome. Fatigue and sleep problems are noted to be associated to sleep apnea. These symptoms have resolved with the use of the CPAP.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 9 of 40

4. Service connection for degenerative joint disease, status post lumbar spine fusion

Service connection for degenerative joint disease, status post lumbar spine fusion (claimed as restricted motion with pain of lower back, muscle pain, and joint pain) has been established as directly related to military service.

A 40 percent evaluation is assigned from March 1, 2012.

We have assigned a 40 percent evaluation for your degenerative joint disease, status post lumbar spine fusion based on:

• Forward flexion of the thoracolumbar spine 30 degrees or less

Additional symptom(s) include:

• Combined range of motion of the thoracolumbar spine not greater than 120 degrees

• Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees

• Guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis

• Muscle Spasm severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

A higher evaluation of 50 percent is not warranted unless the evidence shows unfavorable ankylosis of the entire thoracolumbar spine.

Please note: This disorder was previously rated at a 10 percent evaluation as chronic muscular strain, low back for the period of February 13, 1995 to February 28, 1996.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 10 of4O

5. Service connection for migraine

Service connection for migraine has been established as directly related to military service.

An evaluation of 30 percent is assigned from March 1, 2012.

We have assigned a 30 percent evaluation for your migraine based on:

Characteristic prostrating attacks occurring on an average once a month over last several months

A higher evaluation of 50 percent is not warranted unless the evidence shows the condition is very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

6. Service connection for scars left temple, status post steam burn

Service connection for scars left temple, status post steam burn (also claimed as scars at left forehead) has been established as directly related to military service.

An evaluation of 30 percent is assigned from March 1, 2012.

#1: A burn scar, located on your head, face, or neck, measures 1.6 in. in length, 1.6 in. in width (2.5 in (16.0 cm overall). The scar is neither hyperpigmented nor hypopigmented. The evidence shows the scar is depressed on palpation. The texture of the scar is abnormal (irregular, atrophic, shiny, scaly, etc.). The scar’s underlying soft tissue is intact. The scar’s skin is soft and flexible. The scar is not adherent to underlying tissue. The scar is not painful. The scar is stable.

Page 11 of4O

We have assigned a 30 percent evaluation for your scars left temple, status post steam bum based on:

• Scar at least one-quarter inch (0.6 cm.) wide at widest part

• Surface contour of scar elevated or depressed on palpation Color photograph.

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

A higher evaluation of 50 percent is not warranted unless the evidence shows visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; four or five characteristics of disfigurement.

The eight characteristics of disfigurement, for purposes of evaluation under 38 CFR §4.118 are: scar 5 or more inches 13 or more cm) in length; scar at least one-quarter inch 0.6 cm) wide at widest part; surface contour of scar elevated or depressed on palpation; scar adherent to underlying tissue; skin hypo- or hyper-pigmented in an area exceeding six square inches 39 cm skin texture abnormal irregular, atrophic, shiny, scaly, etc.) in an area exceeding six square inches 39 cm underlying soft tissue missing in an area exceeding six square inches 39 cm and, skin indurated and inflexible in an area exceeding six square inches 39 cm The characteristics) of disfigurement may be caused by one scar or by multiple scars; the characteristics) required to assign a particular evaluation need not be caused by a single scar in order to assign that evaluation. A characteristic of disfigurement, even if present in more than one scar, is only counted once for evaluation purposes.

Please note: Examination reported multiple scars at the left temple, too numerous to count, each measuring approximately 1 mm by 1 mm, for a total scarring area of 4 cm by 4 cm.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

Page 12 of4O

7. Service connection for degenerative joint disease, cervical spine

Service connection for degenerative joint disease, cervical spine (claimed as neck injury, restricted motion with pain of upper back, muscle pain, joint pain) has been established as directly related to military service.

A 20 percent evaluation is assigned from March 1, 2012.

We have assigned a 20 percent evaluation for your degenerative joint disease, cervical spine based on:

• Combined range of motion of the cervical spine not greater than 170 degrees

Additional symptom(s) include:

• Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees

• Guarding not resulting in abnormal gait or abnormal spinal contour

• Localized Tenderness not resulting in abnormal gait or abnormal spinal contour

• Muscle Spasm not resulting in abnormal gait or abnormal spinal contour

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

A higher evaluation of 30 percent is not warranted unless the evidence shows forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 13 of4O

8. Service connection for radiculopathy.. right upper extremity

Service connection for radiculopathy, right upper extremity (claimed as numbness of the right hand and first, second, and third fingers) has been established as directly related to military service.

An evaluation of 20 percent is assigned from March 1, 2012.

We have assigned a 20 percent evaluation for your radiculopathy, right upper extremity based on:

mild incomplete paralysis of the major extremity

A higher evaluation of 40 percent is not warranted unless the evidence shows nerve damage is moderate.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

9. Service connection for left jaw injury

Service connection for left jaw injury has been established as directly related to military service.

An evaluation of 20 percent is assigned from March 1, 2012.

We have assigned a 20 percent evaluation for your temporomandibular articulation, limited motion of based on:

• Inter-incisal range from 21 to 30 millimeters

Additional symptom(s) include:

Range of lateral excursion greater than 4 millimeters

Page 14 of 40

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and are not warranted.

A higher evaluation of 30 percent is not warranted unless there is limitation of motion with an inter-incisal range of 11 to 20 millimeters.

This disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms, are closely related.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 17, 2012

10. Service connection for gastroesophageal reflux disease with irritable bowel syndrome

Service connection for gastroesophageal reflux disease with irritable bowel syndrome (claimed as acid reflux and bowel problems) has been established as directly related to military service.

We have assigned a noncompensable evaluation for your irritable bowel syndrome (spastic colitis, mucous colitis, etc.) based on:

• A diagnosed disability with no compensable symptoms

A higher evaluation of 10 percent is not warranted unless there are moderate symptoms demonstrated by frequent episodes of bowel disturbance with abdominal distress.

An evaluation of 10 percent is assigned for gastreosophagreal reflux disease.

We have assigned a 10 percent evaluation for your gastroesophageal reflux disease (GERD) based on:

• Pyrosis

• Reflux

• Regurgitation

Page 15 of4O

A higher evaluation of 30 percent is not warranted unless there is persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health.

Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive may not be combined with each other. In such cases, as in yours, a single rating will be assigned under the diagnostic code that reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. {3 8

CFR 14}

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

11. Service connection for left hand strain with residuals, status post middle finger fracture

Service connection for left hand strain with residuals, status post middle finger fracture (also claimed as left thumb injury, left index finger break, left middle finger break, left pinky finger fracture, and restricted motion with pain of all fingers) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

VA examination show objective findings of painful motion of your left hand and fingers, therefore, all fingers are rated together under a single issue.

We have assigned a 10 percent evaluation for left hand strain with residuals, status post middle finger fracture based on:

• Painful motion of the thumb, index finger and long finger.

38 CFR §4.5 9 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion

Page 16 of4O

of the thumb, index finger and long finger, a minimum compensable evaluation of 10 percent is assigned.

Additional findings:

Painful motion of the ring and little fingers. (Although 38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint, Diagnostic Code 5230, which governs the rating criteria for limitation of motion of the ring and little fingers, provides for only a noncompensable evaluation. Therefore, a noncompensable evaluation must be assigned.)

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatig

[Rilenator]

Berta

So far the VA have:

Ignored the existence of ALL of my dependents for pay purposes (married spouse and 4 children under age 14) despite all been enrolled in DEERS since BIRTH, all currently holding military retired dependent ID cards, and most importantly me having submitted Three separate 686-C, and yet send me a packet clearly explaining their names and entitlements to dependent VA medical care. (a benefit gained for being 100% disabled, but I really don't need because I already have TRICARE or whatever they call it nowadays)

SOLUTION: sent DAV rep an updated VA form 21-686-C

Initial e-bennies award letter states 100% award effective 01 December 2012 I received 2,816 (single rate-I never received a dime) I made a copy of ebennies 26 June notification letter for any future legal fight, and sure enough...they changed the letter on July 1 to read 100% award effective 01 July 2013. strange since I filed in AUGUST 2011 and retired in FEB 2012. both are incorrect SOLUTION: electronic file should resolve itself when the VA pulls its head out of the dark crevice it has been jammed into lately.

Attempted to propose me as being incompetent based on financial instability SOLUTION : Sent DAV Doctor letter and my checking account statement on JULY 01

are currently withholding my back pay award amount due for incompetency decision as follows:

TOTAL VA BENEFIT AMOUNT WITHHELD INCOMP WTHLD AMOUNT PAID EFF DATE REASON

251.00 251.00 0.00 0.00 Mar 01, 2012 Benefit Adj COLA

Ret. Pay Adj.

2769.00 1737.00 1032.00 0.00 Apr 01, 2012 Benefit Adj COLA

Ret Pay Adj Comp rate adj

2816.00 1766.00 1050.00 0.00 Dec 01, 2012 COLA Ret Pay Adj

2816.00 0.00 0.00 2816.00 Jul 01, 2013 Ret Pay Adj

All above amounts are incorrect, as I am married with 4 dependents under the age of 18.

The way I read and understand this part is that I should get paid a monthly sum, come AUGUST 1st providing that I submit some sort of NOD or request a formal hearing, but I am not sure how to request a hearing, since they are just proposing incompetency, and have not LEGALLY labeled me as such. If I do not do so, or do not appoint someone to handle my money, then all money will STOP, and the VA will bend me over and stick it to me, by appointing some stranger to do this, and giving this wacko 4% of my VA benefits ($132.00 every month) and I will never see a dime.

OK

Sometimes I need a little kick in the head to see what I need to do next. This is where I do admit that maybe a little brain damage has happened, because I can clearly see, and rationalize what is about to happen to me. I have taken pre-emptive action...and now...Im at a loss...I have the paperwork in front of me, but this is from the VA...Can't trust em. Need to get in touch with DAV. Feel like I was just here.....kinda of like that old Nightmare on Elmstreet where those kids just keep running around the block, again, and again.

Anyway, BERTA as per your request part 2 of my decision letter below:

And If I have not said so, Thank you. I know I can be long winded.

Pages 21-40 of decision letter

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 21 of4O

16. Service connection for right knee strain

Service connection for right knee strain (claimed as right knee weak and painful cracking, restricted motion with pain, muscle pain, and joint pain) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your right knee strain based on:

Painful motion of the knee (38 CFR §4.59 allows consideration of functional loss due to

painful motion to be rated to at least the minimum compensable rating for a particular joint.

Since you demonstrate painful motion of the knee, the minimum compensable evaluation of 10

percent is assigned)

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

A higher evaluation of 20 percent is not warranted unless the evidence shows:

• Limitation of flexion of 16 to 30 degrees.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

17. Service connection for left knee strain

Service connection for left knee strain (claimed as left knee weak and painful cracking, restricted motion with pain, muscle pain, and joint pain) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your left knee strain based on:

Page 22 of 40

• Painful motion of the knee (38 CFR §4.59 allows consideration of functional loss due to

painful motion to be rated to at least the minimum compensable rating for a particular joint.

Since you demonstrate painful motion of the knee, the minimum compensable evaluation of 10

percent is assigned)

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

A higher evaluation of 20 percent is not warranted unless the evidence shows:

• Limitation of flexion of 16 to 30 degrees.

The effective date of this grant is March 1, 2012. Service coimection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

18. Service connection for left wrist strain

Service connection for left wrist strain (claimed as left wrist damage, restricted motion with pain of left wrist, muscle pain, joint pain) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your left wrist strain based on:

• Painful motion of the wrist (38 CFR §4.59 allows consideration of functional loss due to

painful motion to be rated to at least the minimum compensable rating for a particular joint.

Since you demonstrate painful motion of the wrist, the minimum compensable evaluation of 10

percent is assigned.)

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

This is the highest schedular evaluation allowed under the law for this condition.

Page 23 of 40

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

19. Service connection for right wrist strain

Service connection for right wrist strain (claimed as right wrist damage, restricted motion with pain right wrist, muscle pain, joint pain, right wrist locking) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your right wrist strain based on:

Painful motion of the wrist (38 CFR §4.59 allows consideration of functional loss due to

painful motion to be rated to at least the minimum compensable rating for a particular joint.

Since you demonstrate painful motion of the wrist, the minimum compensable evaluation of 10

percent is assigned.)

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR §4.59.

This is the highest schedular evaluation allowed under the law for this condition.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 24 of 40

20. Service connection for degenerative joint disease, right shoulder

Service connection for degenerative joint disease, right shoulder (claimed as right shoulder bone injury, muscle pain, joint pain) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your degenerative joint disease, right shoulder based on:

• X-ray evidence of degenerative arthritis along with any limitation of motion of the joint

Additional symptom(s) include:

• limited motion of the arm above shoulder level

The provisions of 38 CFR § and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and are not warranted.

A higher evaluation of 20 percent is not warranted unless the evidence shows:

• X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating exacerbations or

• limited motion of the arm at shoulder level.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

21. Service connection for tinnitus

Service connection for tinnitus (claimed as loud ringing in the ears) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

Page 25 of 40

We have assigned a 10 percent evaluation for your tinnitus based on:

Recurrent tinnitus

A single evaluation for recurrent tinnitus is assigned whether the sound is perceived in one ear, both ears, or in the head.

This is the highest schedular evaluation allowed under the law for this condition.

Please note: This disorder was previously evaluated at 10 percent for the period of February 13, 1995 to February 28, 1996.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our evaulation:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 21, 2012

22. Service connection for dermatitis with bilateral tinea pedis

Service connection for dermatitis with bilateral tinea pedis (claimed as skin eczema) has been established as directly related to military service.

An evaluation of 10 percent is assigned from March 1, 2012.

We have assigned a 10 percent evaluation for your dermatitis with bilateral tinea pedis based on:

• At least 5 percent, but less than 20 percent, of the exposed areas affected

Additional symptom(s) include:

• Less than 5 percent of the entire body affected

• No more than topical therapy required during the past 12-month period

Note: Corticosteroids are anti-inflammatory drugs that are synthetic derivatives of the natural steroid, cortisol, which is produced by the adrenal glands. They are called “systemic” steroids if taken by mouth or given by injection as opposed to topical corticosteroids, which are applied

Page 26 of 40

directly to the skin. Corticosteroids that are applied topically are not considered systemic for VA purposes.

A higher evaluation of 30 percent is not warranted unless the evidence shows:

• 20 to 40 percent of the entire body affected, or,

• 20 to 40 percent of the exposed areas of the body affected, or

• Systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

23. Service connection for allergic conjunctivitis

Service connection for allergic conjunctivitis (claimed as eye condition) has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

Evaluate based on residuals, such as visual impairment and disfigurement (diagnostic code 7800). Examination does not reveal any visual impairment or disfigurement.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

Page 27 of 40

24. Service connection for nephrolithiasis

Service connection for nephrolithiasis has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

We have assigned a noncompensable evaluation for your nephrolithiasis based on:

• A diagnosed disability with no compensable symptoms

A higher evaluation of 10 percent is not warranted unless there is:

• Only an occasional attack of colic, not infected and not requiring catheter drainage.

Additionally, a higher evaluation of 30 percent is not warranted unless there is:

• Recurrent stone formation requiring one or more of the following:

o diet therapy; or,

0 drug therapy; or,

o invasive or non-invasive procedures more than two times/year.

A higher evaluation of 30 percent based on renal dysfunction is not warranted unless there is:

• Albumin constant or recurring with hyaline and granular casts or red blood cells; or,

• Transient or slight edema; or,

• Hypertension at least 10 percent disabling under diagnostic code 7101.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 29, 2012

25. Service connection for traumatic brain injury

Service connection for traumatic brain injury has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

Page 28 of 40

The rating schedule contains ten important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled “total.” However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than “total” since any level of impaired consciousness would be totally disabling. A 100 percent evaluation will be assigned if “total” is the level of evaluation for one or more facets. If no facet is evaluated as “total,” the overall percentage evaluation will be assigned based on the level of the highest facet as follows: 0 = noncompensable; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, a 70 percent evaluation will be assigned if 3 is the highest level of evaluation for any facet.

A level of severity of” 0” has been assigned for your Memory, Attention, Concentration, Executive Functions Facet based on:

•No complaints of impairment of memory, attention, concentration, or executive functions

A level of severity of” 0” has been assigned for your Judgment Facet based on:

“Normal

A level of severity of” 0” has been assigned for your Social Interaction based on:

‘Social interaction is routinely appropriate

A level of severity of” 0” has been assigned for your Orientation Facet based on:

‘Always oriented to person, time place, and situation

A level of severity of” 0” has been assigned for your Motor Activity (with intact motor and sensory system) based on:

•Motor activity normal

A level of severity of” 0” has been assigned for your Visual Spatial Orientation based on:

‘Normal

A level of severity of” 0” has been assigned for your Subjective Symptoms based on:

•Subjective symptoms that do not interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples are: mild or occasional headaches, mild anxiety

A level of severity of” 0” has been assigned for your Neurobehavioral Effects based on:

‘One or more neurobehavioral effects that do not interfere with workplace interaction or social interaction. Examples of neurobehavioral effects are: Irritability, impulsivity, unpredictability, lack of motivation, verbal aggression, physical aggression, belligerence, apathy, lack of empathy,

Page 29 of 40

moodiness, lack of cooperation, inflexibility, and impaired awareness of disability. Any of these effects may range from slight to severe, although verbal and physical aggression are likely to have a more serious impact on workplace interaction and social interaction than some of the other effects

A level of severity of” 0” has been assigned for your Communication based on:

•Able to communicate by spoken and written language (expressive communication), and to comprehend spoken and written language

An overall noncompensable evaluation is assigned for your traumatic brain injury based on the highest level of severity of” 0”.

A higher evaluation of 10 percent is not warranted unless the evidence shows:

• Comprehension or expression, or both, of either spoken language or written language is only occasionally impaired. Can communicate complex ideas

• Mildly impaired judgment. For complex or unfamiliar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision

• A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing

• Motor activity normal most of the time, but mildly slowed at times due to apraxia (inability to perform previously learned motor activities, despite normal motor function)

• One or more neurobehavioral effects that occasionally interfere with workplace interaction, social interaction, or both but do not preclude them

• Occasionally disoriented to one of the four aspects (person, time, place, situation) of orientation

• Social interaction is occasionally inappropriate

• Three or more subjective symptoms that mildly interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: intermittent dizziness, daily mild to moderate headaches, tinnitus, frequent insonmia, hypersensitivity to sound, hypersensitivity to light, or

• Mildly impaired. Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or following directions. Is able to use assistive devices such as GPS (global positioning system).

Please note: Mental examiner reported cognitive symptoms are associated to post traumatic stress disorder and not traumatic brain injury; therefore, these symptoms will be considered in the evaluation of the mental disorder and not the evaluation of traumatic brain injury. Further,

Page 30 of 40

there are subjective symptoms of dizziness, tinnitus, and headaches. The tinnitus and headaches will be evaluated as separate disorders, which is most beneficial to you.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following evidence in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated February 21, 2012

26. Service connection for abdomen scarg status post surgery

Service connection for abdomen scar, status post surgery (claimed as 10 inch by 1 in scar at belt- line to belly button) has been established as directly related to military service.

An evaluation of 0 percent is assigned from March 1, 2012.

#1: A surgical scar, located on your anterior trunk, measures 5.8 in (37.5 cm and is superficial and nonlinear.

The scar is neither painful nor unstable.

We have assigned a noncompensable evaluation based on:

Superficial and nonlinear scar not of the head, face or neck in an area or areas less than 144 in (929 cm

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31}

A higher evaluation of 10 percent is not warranted unless there is a superficial and nonlinear scar or scars not of the head, face or neck in an area or areas of 144 in (929 cm or greater.

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

Page 31 of4O

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

27. Service connection for scar, right leg

Service connection for scar, right leg (claimed as right leg burn scar, painful) has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

#1: A burn scar, located on your right lower extremity, measures 0.02 in (0.1 cm and is superficial and linear.

The scar is neither painful nor unstable.

We have assigned a noncompensable evaluation based on one or more linear scars.

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31}

A higher evaluation is not warranted unless scars are considered disabling because of limitation of function of the affected part.

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

Please note: Although this scar was claimed as painful scar, examination did not reveal any pain.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

Page 32 of 40

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

28. Service connection for left chest and left side stomach scars, status post nodular excision

Service connection for left chest and left side stomach scars, status post nodular excision has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

#1: A surgical scar, located on your left upper extremity, measures 3.5 in (22.5 cm and is superficial and linear. The scar is neither painful nor unstable.

#2: A surgical scar, located on your left upper extremity, measures 3.5 in (22.5 cm and is superficial and linear. The scar is neither painful nor unstable.

We have assigned a noncompensable evaluation for your left chest and left side stomach scars, status post nodular excision based on:

• One or more linear scars

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.3 l}

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

A higher evaluation is not warranted unless scars are considered disabling because of limitation of function of the affected part.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Page 33 of 40

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

29. Service connection for scar, status post lumbar spine fusion

Service connection for scar, status post lumbar spine fusion has been established as directly related to military service.

A noncompensable evaluation is assigned from March 1, 2012.

#1: A surgical scar, located on your posterior trunk, measures 0.3 in (1.8 cm and is superficial and linear.

The scar is neither painful nor unstable.

We have assigned a noncompensable evaluation based on one or more linear scars.

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31}

A higher evaluation is not warranted unless scars are considered disabling because of limitation of function of the affected part.

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

Page 34 of 40

30. Service connection for scar, right wrist steam burn

Service connection for scar, right wrist steam burn has been established as directly related to military service.

An evaluation of 0 percent is assigned from March 1, 2012.

#1: A burn scar, located on your left upper extremity, measures 0.3 in (2.0 cm and is superficial and nonlinear. The scar is neither painful nor unstable.

We have assigned a noncompensable evaluation for your scar, right wrist steam burn based on:

Superficial and nonlinear scar or scars not of the head, face or neck in an area or areas less than 144 in (929 cm

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.3 l}

An additional, separate compensable evaluation under Diagnostic Code 7804 is not warranted unless there is at least one scar that is painful or unstable.

A higher evaluation of 10 percent is not warranted unless the evidence shows superficial and nonlinear scar or scars not of the head, face, or neck in an area or areas of 144 in (929 cm or greater.

The effective date of this grant is March 1, 2012. Service connection has been established from the day after your discharge from active duty. When a claim of service connection is received within one year of discharge from active duty, the effective date is the day after discharge.

We considered the following in our decision:

Service Treatment Records, from February 13, 1991 through February 12, 1995

Service Treatment Records, from February 28, 1996 through February 29, 2012

VA Examination, dated March 8, 2012

31. Eligibility to Dependents’ Educational Assistance under 38 U.S.C. chapter 35

Eligibility to Dependents’ Educational Assistance is derived from a veteran who was discharged under other than dishonorable conditions; and, has a permanent and total service-connected disability; or a permanent and total disability was in existence at the time of death; or the veteran

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died as a result of a service-connected disability. Also, eligibility exists for a serviceperson who died in service. Finally, eligibility can be derived from a service member who, as a member of the armed forces on active duty, has been listed for more than 90 days as: missing in action; captured in line of duty by a hostile force; or forcibly detained or interned in line of duty by a foreign government or power.

Basic eligibility to Dependents’ Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature.

32. Competency to handle disbursement of funds

A mentally incompetent person is defined as one who, because of injury or disease, lacks the mental capacity to control or manage his or her own affairs, including disbursements of funds without limitation. Where there is a doubt as to whether the beneficiary is capable of administering his or her funds, such doubt will be resolved in favor of competency. Since there is a definitive finding of incompetency by a physician in this case, and the claimant is not shown to be able to manage personal affairs to include disbursement of funds, we propose to make a determination of incompetency for VA purposes. {38 CFR 3.353}

You reported on VA examination difficulty managing your own financial affairs and that you depend on your son for assistance.

[Berta]

“You reported on VA examination difficulty managing your own financial affairs and that you depend on your son for assistance.”

Do you have a copy of that exam????

Is there any shred of truth to that VA statement?

Reason I ask is that, often a vet has a spouse who handles the bills...normally in most American families the wife does anyhow.

If a vet tells the VA (we have made this point here MANY times at hadit)

that the wife or someone else pays the bills, then VA can deem the vet as incompetent.

http://www.hadit.com/svr.html

In that link of our archives, we did many shows here with Doug Rosinski as to the Fiduciary mess at VA. Every vet has to aggressively fight an incompetency proposal by the VA.unless, in some cases, it is actually in the best interests of the veteran.(If they get a trusted fiduciasry...... as some of the ones VA picked in the past are now doing time because they stole compensation from veterans.

If you click on the Sound Icon, the shows should pop up on your PC media player and they contain a wealth of info from this notable attorney who has fought this type of stuff at the CAVC level.

We need more input here too from members....

and there are vets here at hadit who ave had the same incompetency Bull crap issues.... their discussions can be searched in the hadit search feature.

The letter from your Doc ( can you prove the VARO has received it)

might well stave off this BS right away..... but no one can predict anything the VA will do.

[Rilenator]

Maybe there is a disconnect with some of the new programs that have come on line in recent years. It seems that to me that the VA is geared to dealing with Veterans whom have been discharged from service, not geared to processing claims for those still on active duty. Ask any of us whom have deployed overseas to a warzone while married with children...Ask who pays the bills while you are gone.

It needs to be addressed that if the VA is going to send ACTIVE DUTY military members through BENEFITS ON DISCHARGE, then some of the responses would be oriented to what an operational ACTIVE MILITARY member might say.

Its not like I was discharged and then was waiting around for a while and decided to file a claim one day.

I was forward deployed UNACCOMPANIED by my wife and children for TWO YEARS. Ask any active duty member who pays bills while they are away.

I was Injured while in theater and got a MEDEVAC stateside at my 23rd month of my tour, (I actually had to stay longer because of my injury) When I got stateside, I could not walk without assistance, and had difficulty holding onto objects, due to a spine injury. I went through surgery and just completed Phys Therapy when my C & P exam was scheduled while I was still on active duty.

Q. Who pays the bills around the house?

A. When Im deployed, the Wife does, When Im home, I DO

Q. Do you need assistance in your daily activities?

A. My son helped after my spine surgery, but I do not need help now. I am very proud of my son for being able to help out, he is only 12 YEARS OLD

I could see that maybe the VA could use my responses either way, if they were taken out of context.