lumbosacral Rating Came In On 7/24/2014

[saints13]

Overall Request:

· Request Bilateral factor = 10% = Don't think they included my bilateral factor

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of right knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of right knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of left knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of left knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase of bilateral knee limitation of motion, functional loss due to weakness, fatigability, incoordination, pain on movement of bilateral knee joints - 5260/5261 = 20% per knee = deferred and kept at 10%

· Request rating Arthritis, degenerative – 5003 / 5010 = 20% per knee = wasn't even mentioned in my rating letter and was never looked at

· Request rating IBS/gastritis- secondary disability to SC’d knee condition/overuse NSAIDs - 7307 = 10% = Denied

· Request rating mental condition to include: PTSD by HX, depression, anxiety - 9440 = 50% = Stated not enough evidence or a diagnosis of PTSD

· Request rating Tinnitus. C.F.R. § 3.156(a) (2010) and MOS Data info I got from this forum - 6260 = 10% = approved but also stated that a previous decision April 16th 1998 was clearly and mistakable erroneous, service connection is granted and established for tinnitus

· Request rating Lumbosacral – secondary disability to SC’d knee condition - 5237 = 20% = Denied

· Request rating Left hand medial nerve damage - secondary disability to SC’d knee condition 38 C.F.R. § 3.310(a) (2009) - 8515 = 20% = deferred and claim re-opened??? That's what it said

· Request convalescent leave for the period of November 1^st thru January 21^st 2014 for Left hand medial nerve damage surgical repair and convalescent - (38CFR 4.30) = 100% = Denied

End result:

Bilateral Factor = ??

Right Knee = 10%

Right Knee ROM = 10%

Left Knee = 10%

Left Knee ROM = 10%

Tinnitus = 10%

Left hand secondary = deferred and claim re-opened

Even with the 5 (10%) and bilateral factor, give me at least 50%?

Also wouldn't I get back pay for tinnitus back to 1998?

Also I have a pending bilateral knee surgery by a private Orthopedic surgeon consulted out by the VA. So VA is paying the bill for these surgeries. So why would my knee conditions not increase??

Thank you so much for all your time and help, it is so greatly appreciated. Oh I submitted it with your guys help on Janurary 31st, 2014 and had C&P on June 20th, 2014 and decision on July 24th, 2014

[JR Reihs]

I think you have a good claim for CUE on the MH issue based on a faulty MH exam.........The other issues, I would seek a IMO, at least those most important to you.

[saints13]

Actually I just would like compensation for VA failure to grant tinnitus back in 1998 when they finally did in 2014. I did not give any new evidence since 1998 claim, they just sent me to audiology c@p then gave me the tinnitus rating and even wrote down it was a error on their part.

Second want PTSD at least rated at 0% or 10 %, so I can continue to receive mental health treatment thru the VA.

[USMC_HVEQ]

Doc,

Regardless of Mental Health diagnosis, they all pay the same, the VA do a C&P just for PTSD and/or any other mental condition? Glad you are getting treatment. Where you with a grunt unit in OIF or OEF? Docs take care of us, Marines, so we always have respect for a squid brethren..just kidding.

Do you have a formal diagnosis in your notes? if so then you need to file a NOD by De Novo Review (whihc is a fresh rater looking at your case in same Regional Office) and state no C&P for mental health. If it was just a pyschologist merely mentioning PTSD in notes and note a formal diagnosis, that may explain the issue of denial. just my thinking is that the dots arent connected for them. When did you get out? when did you 1st complain of MH ? any inservice medical notes on it?

Stressors, I suppose if you were not in country in the Stan or Iraq, then that could also be some of the issue. If you were then there shouldnt be a problem. Do you have a CAR (combat action ribbon)? automatic approval if so.....

semper fi

yutt yutt

[saints13]

Entered in 1991 assigned to 1\11 by 1992 to 1994. Then assigned to 1\9 to goto Somalia but was just about to have my first child so my best friend asked to go for me instead. He was the first Corpsman shot in Somalia. Then I was transferred to 1\1 weapons platoon which did special operations in country and reported information back to the DEA. Was constantly doing desert training, cold weather training and special operations in country. Then they finally discharged me medically for my knees in 1998.

Never complained about mh issues, just suppressed it until 2013 when my new VA PCP started asking me questions and gave me some sort of test. VA Dr said I needed to see mental health that day. As time went on I started just telling them of my problems. They asked why I waited so long. Told them in military they would commit you to mental hospital and kick you out. Then once out of military I thought my thoughts, systoms were just normal until mental health started giving me more tests and digging deeper then I felt like my world was crashing down on me. So in short never complained but something triggered my VA PCP to consult me to mental health asap.

[saints13]

I have a diagnosis of severe depression, anxiety, PTSD, all by VA PCP, VA mental health nurse practioner, VA neuro Dr and VA Dr of psychology. Attend weekly PTSD meetings/ weekly individual mental health appts and every 6 weeks see the VA mental health nurse practioner. Once every 6 months I'm scheduled to see the VA neuro Dr for that 4 hour test. I just do what VA tells me to do, guess just like I did it military.

[Berta]

"
"The VA did give me a C&P exam but it wasn't a proper one. Gave me a test about 100 questions that was basicly about sex. Then asked me if I was abused as a child and if I graduated high school. Then spent the rest of the 45 mins or so typing on her computer. Trying to copy the C&P exam and post it, but basically it said I was a liar cause my 100 question test score was too high and that I never had any stressors while in the military. I don't think she read one note from any of my mental health providers or read any of the hundreds of tests they gave me or the 4 hour neuro exam that stated I was almost morbid. I had to look that word up. ha ha"


That 100 question test sounds like one of the MMPI (Minnesota Multiphasic Personality Inventory}tests

If so, the higher the score, the more profound the PTSD is..... depending on what type of MMPI they gave you and if,in fact, it was an MMPI. I am only guessing on that.

Maybe the examiner thought the score was comparable to a GAF score...where lower numbers indicate impact of PTSD. It is difficult to know what they gave you at this point and these tests should be interpreted by someone who is completely qualified to understand them.

"On the Beck Depression Inventory, the veteran received
a score of 49, noted to be consistent with extremely severe
depression. His score on the Mississippi Combat Scale was
153, well above the cutoff for PTSD. The veteran's MMPI
profile portrayed the picture of a man suffering an affective
disturbance consistent with PTSD; his MMPI PTSD score of 76
was noted to be consistent with severe PTSD. The diagnostic
impression was PTSD, severe and chronic. The VA examiner
provided a Global Assessment of Functioning (GAF) score of
56, indicative of moderate symptoms, or moderate difficulty
in social, occupational, or school functioning. See Fourth
Edition of the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders (DSM-"

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp00/files2/0016952.txt

This claim was remanded for more consistent findings.

The 4 hour Neuro exam....my husband had something like that....(6 MH tests in all and also the MMPI combat test) to separate his deficits from a 1151 stroke from his PTSD.)

I wonder why they even gave you this type of exam.But possible for the other disabilities? And not the MH issue?Do you have a copy of the results ?

VA never considered any of these findings in their initial denial of my accrued claim after my husband died.

The exams were never listed as Evidence and they didn't refer to them at all ( accrued claim due to pending 30% PTSD claimed for TDIU prior to his death.

The VA also didnt consider his SSA award solely for PTSD.

I went right over to see his psychologist at local VAMC who did the testing when I got the denial..

He was shocked that these critical tests were never mentioned or considered by the VA and he not only gave me copies of them all, he said he would write to the VA about them and tell VA I had shown him the SSA award for PTSD that I had already sent the RO,which they had ignored.

Within weeks, the accrued award arrived.100% P & T for SC PTSD with a favorable SSA EED,mentioning the tests, his SSA award and the letter from the VA shrink.

I assume you dont have a scanner....

Do you have a vet rep who can look over the denial for PTSD, and see if they properly addressed your evidence?

If you have a rep who isn't helping you, you can certainly change the POA and get someone else.

I think the C & P examiner thought the MMPI was the same as a GAF test.

Something seems definitely wrong here.

Edited August 1, 2014 by Berta