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

Ptsd Claim Thoughts

Rate this question


Cavman

Question

This is my first post and would really appreciate some thoughts on my situation.

I am a Vietnam vet from 69/70. My M.O.S. was recon. I received 2 purple hearts and a c.i.b. badge. I filed for PTSD on Nov. 29, 2005 along with claims for the purple hearts, 3 times malaria and agent orange. I filed for the agent orange because I was diagnosed with stage 4 throat cancer that had spread into the lymph nodes in Sept. of last year. My U of Michigan surgeon says he thinks it was caused by agent orange sprayed in III corp/Nam/Cambodia and I was also sprayed on the DMZ in Korea in 69.

I was denied agent orange and anything for purple hearts (going on phone call to RO). I knew I wouldn`t get anything for malaria, but wanted them to know I had it with 2 relapses. I had a c & p for PTSD and was diagnosed with chronic PTSD/Gaf 48/serious employment and social impairment/suicidal ideation etc.

I called the VARO a month ago and was told my claim was done and I was awarded 50% for PTSD. I immediately called my SO and he said he knew nothing and I then told him what I just got from calling the 800#. He says, oh, let me look it up. He then says yeah, thats what you got...50%. He sounded like I should be happy.

I immediately emailed my state senator and they wanted info on my claim. They got it asap from me. The VARO had told me I would get my letter in a week at the most. Well, today I got a call from the VA and was told my claim had gone back to rating board again and was done and I will be getting the envelope within 10 days and they would be putting an IU form in it also.

Any thoughts on this mess. This old beat up Nam vet is about crazy.

Cavman

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

My only question would be, "If you were in Vietnam during any period of time when Agent Orange was used, then you would fall under the presumptive criteria for Agent Orange (Respiratory Cancer (cancers of the lung, bronchus, larynx, or trachea)." Could you provide information about the rationale the VA used to deny your claim related to Agent Orange?

Patrick

Link to comment
Share on other sites

Guest terrysturgis

Cavman, you have opened the door with the decision that you should be receiving soon. Now it is time to study this board and learn from others who have played the VA game and won. One thing you did not mention is bilaterial Tinnitus which is ringing in both ears. If you have it claim it.

In my opinion 50% PTSD is a good win for you. Lots of others have gotten 30% lately. Learn as much as you can about IU as it sounds like your Doctors are recommending that you get it.

It's a battle but do not give up and the benifits you have earned will be a blessing.

You must have been in Ann Arbor. I am from Michigan too. Michigan is number three in the nation for denying claims so as I said earlier, so far you have done pretty good.

Answer the post from Patrick 428. He is very good and helps us a lot. Good Luck! Terry Sturgis

Link to comment
Share on other sites

Who is your POA with?

And why did they deny-the specific reason- for the AO claim-

YES- if you have a STS or any other form of cancer on the AO presumptive list and are in country, Blue Water Navy,Korea-near DMZ- etc- etc etc

they should have awarded you for AO-

Are you working? Did your vet rep tell you to file a TDIU if you are not working?

If not I will attach one-

Tell them undser Remarks # 25 (that you are attaching additional page and tell them of the side affects of all your meds, and also if you get SSA disability tell them that too and check off yes on Question # 18.

How did they word the AO denial in the Reasons and Basis?

Based on your answers here I might suggest that you file for a Reconsideration-and that might go much faster than a NOD-

I was surprised how fast the RO began to handle my recent recon request-it seemed they reacted to it immediately-(my CUE on SMC) within a few weeks-

then again I sent VA regs, M21-1 and VA established case law-and my request was strongly worded.

Let me know

Berta

TDIU_form.pdf

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

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

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

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

Link to comment
Share on other sites

My only question would be, "If you were in Vietnam during any period of time when Agent Orange was used, then you would fall under the presumptive criteria for Agent Orange (Respiratory Cancer (cancers of the lung, bronchus, larynx, or trachea)." Could you provide information about the rationale the VA used to deny your claim related to Agent Orange?

Patrick

Patrick:

My doctor at U of M states in his letter that my cancer falls under "Respiratory Cancer". It did start in the tonsils and spread to the lymph nodes. He also states he thinks I have had it for many many years. Luckily a knot popped out on my neck from my lymph nodes tumor swelling or I would probably be dead now. I also have a small nodule on a lung, but not malignent......yet. I`m 55 with a daughter that will be 13 Christmas and I breath for her. I just want to try and get her some funded college while I`m alive. Thats my goal for what time I have left.

Anyway, I only have been told on the phone about my ao denial from an 800#. My cancer isn`t on the ao list although the agent orange had to travel thru the upper respiratory and over the tonsils/throat to get to the lower respiratory, but the va will never cover it until it`s on the list. Its crazy, because I got sprayed many times until I use to think my eyes were on fire. I also have glaucoma, but I ignore that...no big deal.

Link to comment
Share on other sites

Cavman, you have opened the door with the decision that you should be receiving soon. Now it is time to study this board and learn from others who have played the VA game and won. One thing you did not mention is bilaterial Tinnitus which is ringing in both ears. If you have it claim it.

In my opinion 50% PTSD is a good win for you. Lots of others have gotten 30% lately. Learn as much as you can about IU as it sounds like your Doctors are recommending that you get it.

It's a battle but do not give up and the benifits you have earned will be a blessing.

You must have been in Ann Arbor. I am from Michigan too. Michigan is number three in the nation for denying claims so as I said earlier, so far you have done pretty good.

Answer the post from Patrick 428. He is very good and helps us a lot. Good Luck! Terry Sturgis

Terry:

Its funny you mentioned Tinnitus. I have just completed that claim this morning, but don`t want to send it in until I hear from my current claims hpefully this week. I`ve had ringing for over 36 years and had never heard of Tinnitus until I found Hadit. I have read on here for many weeks and have decided to not mess with A SO anymore. Hell, I know as much as they do since being on here and mine won`t even call me back.

Link to comment
Share on other sites

Glaucoma- has the VA diagnosed you as a diabetic-

If not-what do your blood chem reports reveal as to your glucose readings?

Is the type of cancer you have a soft tissue sarcoma?

If it is- this is the AO connection.

The ROs do not understand Sarcomas at all-

I published the list of Sarcomas here many times- there are about 35 types of STS cancers that they will SC as due to AO.

How did they medically word their denial?

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

Guest
This topic is now closed to further replies.


  • Tell a friend

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use