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Trouble Remembering? This helped me.
I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.
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14 Questions about VA Disability Compensation Benefits Claims
When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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Most Common VA Disabilities Claimed for Compensation:
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Can a 100 percent Disabled Veteran Work and Earn an Income?
You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading
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Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By Jamezam
I've decided to take a crack at creating a CUE and Benefit of the Doubt failure for a claim that was originally denied in 1988, but finally approved in 2014. And, I currently have a pending NOD on the effective date of said claim.
I would be so grateful if anyone could view my CUE and original claim denial. My question is this, am I on the right track with my CUE? I have been developing my CUE using language based on an actual citation by the BVA awarding a CUE to a veteran for the same condition and circumstances in which mine was denied and quoting Title 38. It's so easy to get confused with all of the information out there.
So any advice will be greatly appreciated. I have uploaded my CUE in development phase and original claim denial.
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By rightstrivinsissy
Hello Hadit Helpers,
I feel like I am stumbling around blind. I hope someone can help me see.
I was service connected in 2011 severe anxiety due to mst and a bladder condition.
I have not had gainful employment since ETSing in 2004. I was re-evaluated for an increase and received an overall 70 - 40 -10 but started being payed at 80% in 2016.
In June of 2019 I applied for TDIU. I hit the make a decision now button on ebenefits, which was like shooting my own foot for lack of patience, not realizing that this meant the VA could not request any further info from me.
In August I was denied, and obtained an attorney.
The attorney took over and ebenefits is showing the privacy act starting on October 4th and my claim is now in the evidence gathering/decision making process. Estimated end date of April 2020, the attorney says 3 years, but I know there are new systems in place to make things move a little quicker.
I am looking for any information that you all would have about what is actually happening. I don't know if this is a NOD or what. My case manager acts like I am a major pain and won't give me any info and I fear she has no idea what she is actually doing. =(
I assume it is not an actual appeal yet, because my case manager said they would have to wait for my c-file before they would appeal on the next denial from the VA.
I am so confused, If any of you experts could find the time to help me I would greatly appreciate it. I have always dealt with the VA on my own with no previous denials, but never fully understood what I was doing. I thought hiring an attorney would change this, but I still feel just as blind as before.
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By pyrotaz
I met with a VSO on Feb 8th 2019 and started my MST/PTSD claim. To be totally honest I am scared to death. The incidents happened during my Navy duty 88-89. I had hid it from everyone including my wife until this past December. I had went to a VSO to talk about other claims when it slipped out and I was offered help to form a claim. We filed an intent to claim in Dec 2018. She suggested I talk with my wife and make an appointment with my doctor. After sitting and having a very emotional talk with my wife and with her support I made an appointment with my personal doctor. I am very lucky to have a great doctor who sat with me and after many tears I was able to explain in detail what had happened. He diagnosed me with extreme anxiety mostly when dealing with other Males ( Authority Figures or when confronted), and PTSD/MST and prescribed an anxiety as needed.
What we submitted:
A two page statement from me ( Timeline form) A statement from my wife A statement from from my 20 yr old son detailing my issues with examples of my issues with male authority figures A Nexus statement from my Doctor saying he feels that my anxiety and PTSD is definitely caused by what happened while I served. The VSO said that it was the best written Nexus statement she has ever seen in her 10 years in doing Veteran claims. My Questions:
After submitting a claim to the VSO how long before it shows up on ebenefits? Mine still shows as intent to file. The VSO says it has been submitted. What can I expect at my C & P exam? How can I prepare myself for the exam? This is what I dread/fear most. Is it ok if I post my journey? I also want to thank all the men and women who have submitted to the MST forum. I now know I am not alone. Being a male and reading that similar things has happened to other males and reading their journeys has prepared me to start my journey and start the healing process.
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By pyrotaz
Looking for some guidance. I served on active duty in the Navy from 87-90 overseas on a ship. My original plans when I enrolled was to do 20 years, Back in Dec of 2018 I met with and amazing Veterans Service Officer about a tinnitus claim which was approved. While there she had handed me a bunch papers about claims and one was on PTSD and MST. She was copying and I was reading the PTSD-MST document and it triggered a bunch of emotions where I started shacking and tearing up. The VSO walked in and noticed my state and asked me if I was ok. I tried to answer her but, couldn't she went and got a male VSO and a male nurse to come in. Once the nurse helped calmed me down the male VSO noticed the document I was reading and we talked for awhile about it and I briefly explained a little. He recommend that I file a DBA for PTSD-MST and recommended the following.
I document everything I can remember about the events is causing my stressors: I wrote an eight page document in details about the events. Talk to my wife about what happened and have her write a document on what she sees and how it effects our relationship: After having an very hard emotional talk with her, she wrote a two page document. My 20 year old son also wrote a two page document on things he as seen, even though he only knows a little about what happened. Talk to my doctor about what happened: Made an appointment and discussed detail what happened and he diagnosed me with severe PTSD and anxiety placed on Xanax as needed. He wrote a Nexus letter and has sent it into the VA for me Now I explain a little about what when on when arriving on ship I was assigned to a steam generator room and assigned watch with two other sailors one was a 2nd Class Petty officer and the other a 3rd class. At the time we were doing 12 hour watches 12 on 12 off. The first few watches went well. We were getting ready to pull into Subic Bay Philippines for a few days before heading back to Japan. They both stated " We want you to come out and drink with us and then we can tag team a few girls". Now a little history alcoholism runs in my family and I don'y shy away from drinking I just know my limits. When we arrived in port I hung out with a few of my buddies instead. When we headed back to sea things went down hill. On my first watch back with them they yelled to me to come to the watch booth which was big enough for 2 chairs and a small table/chair between them the whole booth was maybe 4 feet by 6 feet with a center door and windows. When I went in I noticed they both had towels over their laps which wasn't unusual do to it being over 100 degrees in there. I was told to sit down and did then one of them stated we figured out why you didn't go out with use you must be gay and not like girls. I didn't get a chance to answer when they ripped the towels off and exposed themselves to me. I tried to leave but they held the door laughing. I was finally let out and was very shaken up. This happened many time the next few day the both continually exposed themselves to me. I would ask them to stop and would be ignored. I went to my Chief Petty officer and told him what was going and and got this remark back " Why you trying to get them in trouble they are just playing with you". I went to back to my watch and was cornered by them and verbally threatened to keep my mouth shut. With out going in two many details things escalated to the point where I wold come done to watch and they would be masturbating in the open I'd try to move away and they would chase me around. One time I was working in the bilge( bottom area of ship lots of stinky water and valves) under the floor of our work space crawling around attempting to fix a valve when I felt what I thought was water coming down on me upon looking up realized they were urinating on me. A lot more worse things happened. I was very depressed and felt helpless. I tho ought about suicide many time and even cut my wrist once when things were at its worst. Got scared and told everyone I fell and sliced it still have the scar. Other than my failed attempt to tell my Chief about it I never told a soul about it. I ask myself why didn't I fight back? Lets put it this way at the time I weighed about 125 lbs soaking wet and about 5'7". They both were about 170-180 and were both over 6 feet. I was working in a space alone with them at anytime they could injury me say I got hurt working it was my word against the 2 of them. Why has it taking so long for me to open up about this? I always thought that Sexual trauma only happened to woman. I was scared and embarrassed to admit he happened to me. How has this affected me.
I have nightmares weekly. I have flashbacks. Something will trigger memories and I'll have panic attacks. I have intimacy issues. I have ED issues that started at an early age. I have issues in places where there may be Male Public Nudity ( Locker rooms, even public restrooms I'll use a stall ) Just because it triggers flashback of them and what they did. I have issues with Male authority figures. I have the tendency to back down from and conflicts even though and right. Fear retaliation And the big one still fear retaliation from them. Still fear after almost 30 years that exposing them and what happened they will find away to get me. Thank you to everyone who reads this. Now my questions: Is there anything else I should include to help my case? I'm aware that after my meeting with the VSO they will set me up with a DBA with someone from the VA. What can I expect from that meeting and how should I prepare for it? What about secondary PTSD symptoms what applies? After meeting with my personal doctor he actually interned at the VA center I going to. He suggested apply for ratings secondary to the PTSD rating for the following. Erectile dysfunction, hypertension. Do you feel that these are ok? Are there others that I should consider or be aware of? -
By PTSD78
Does the Veteran have a diagnosis of PTSD DSM-5 criteria on today's eval?
[X] Yes [ ] No
2. Current Diagnoses,1PTSD 2Panic Disorder 3Agorophobia 4Major Depressive Disorder
b. Medical diagnoses relevant. obstructive sleep apnea, fibromyalgia, hypothyroidism.
3. Differential
a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No
4. Occupational and social impairment
[X] Occupational and social impairment with reduced reliability and productivity
b. For the indicated occupational and social impairment, is it possible to
differentiate which impairment is caused by each mental disorder?
[ ] Yes [X] No [ ] Not Applicable (N/A)
Vet has multiple co-morbid psych dx and therefore cannot differentiate level of impairment due to each mental disorder due to overlap in symptoms.
Does stressor meet Criterion diagnosis of PTSD)?
[X] Yes [ ] No
Is the stressor related to the Veteran's fear of hostile military terrorist activity?
[X] Yes [ ] No
Is the stressor related to personal assault, e.g. military sexual trauma?
[X] Yes [ ] No
Criterion A: Exposure to
[X] Directly experiencing the traumatic event(s)
Criterion B: Presence of
[X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s).
[X] Recurrent distressing dreams
[X] Dissociative reactions
[X] Intense or prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic
[X] Marked physiological reactions to internal or externalcues that symbolize or resemble an aspect of the traumatic
Criterion 😄 Persistent avoidance of
[X] Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated
traumatic event(s).
[X] Avoidance of or efforts to avoid external reminders (people, places, conversations, activities, objects,
Criterion 😧 Negative alterations
[X] Persistent and exaggerated negative beliefs or expectations about oneself, others
[X] Persistent, distorted cognitions about the cause or consequences of the traumatic event that lead the
individual to blameherself others.
[X] Persistent negative emotional state
[X] Markedly diminished interest or participation in significant activities.
[X] FeelingsofdetachmentEstrangement
[X] Persistent inability positive emotions
Criterion E: Marked alterations arousal
[X] Irritable behavior angry outbursts
[X] Hypervigilance.
[X] Exaggerated startle response.
[X] Problems with concentration.
[X] Sleep disturbance
Criterion F:
[X] Duration disturbis more than month.
Criterion G:
[X] The disturbance causes clinically significant distress or impairment in social, occupational, or other important
Criterion H:
[X] The disturbance is not attributable to the physiologicaleffects of a substance
Criterion I: Which stressor contributed to the Veteran's PTSD diagnosis?:
X] Stressor #1
5. Symptoms
[X] Depressed mood
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks more than once aweek
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recentevents
[X] Flattened affect
[X] Impaired judgment
[X] Disturbances of motivation a
[X] Difficulty in establishing and maintaining effective work and social
[X] Difficulty in adapting to stressful circumstances,including worklike setting
[X] Obsessional ritualsInterfereActivities
[X] Neglect personalAppearance hygiene
DSM 5 Diagnosis:PTSD-Panic d/o with agoraphobia-Generalized Anxiety D/o
Vet meets the DSM-5 diagnostic criteria for PTSD as level of severity - severe. Relationship of mental disorders to each other Vet's MDD, recurrent,moderate is secondary to her PTSD.HerPanicDisorder, Agorophobia and FSAD are also secondary to her PTSD. It is my medical opinion that vet's MST stressor is as least as likely as not suppported by and consistent with the in service marker evidence. Her agorophobia preclude her from functioning satisfactorily in work environments.
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Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Jamezam, -
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Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Hammer46 posted a topic in Ask The Geeks,
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?-
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Hammer46, -
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Post in Should I File for EED or CUE
Vync posted an answer to a question,
I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
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bigbetty3id, -
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Post in Back and Forth
HavokDiv posted an answer to a question,
Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
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HavokDiv, -
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Post in How Is Tinnitus Tested By The Va For Compensation Purposes?
Buck52 posted an answer to a question,
Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
...................Buck
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66 bricks, -
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The VA has been unable to obtain my Military Service Record. I have requested one myself. A Disabled American Veterans rep. Told me that it's not uncommon for the military to "lose" records in MST claims. Any advice appreciated.
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