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calnight

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HELLO THIS IS MY FIRST POST. I HAVE SAT BACK AND LISTENED FOR A COUPLE OF MONTHS NOW. I HAVE LEARNED A GREAT DEAL FROM EVERYONE AND WOULD LIKE TO THANK YOU. I WOULD LIKE TO TELL EVERYONE OF MY DEALING WITH THE VA AND HOW IT ALL CAME ABOUT. LETS BEGIN

IAM 50% FOR PTSD AND 0% FOR MALERIA. I SERVED IN THE MARINE CORP FROM 91-96. I SAW COMBAT IN SOMALIA AS A COMBAT ENGINEER. AFTER LEAVING THE CORP IN 96 I WENT TO WORK FOR A TRUCKING CO. AS A DOCKWORKER. THAT JOB LASTED 18 MONTHS I WAS FIRED FOR A VERBAL ALTERCATION WITH A SUPERVISOR. THEN I WENT TO WORK FOR ANOTHER TRUCKING CO. THAT LASTED 8 YEARS BEFORE I WAS FIRED FOR ASSUALTING A SUPERVISOR. I THREW HIM AGIANST A WALL. I DID GET MY JOB BACK LONG STORY. THANK YOU FOR THE TEAMSTERS UNION. BUT I EVENTUALLY QUIT. I WILL GET INTO THAT LATER. AFTER BEING FIRED THE SECOND TIME I WENT TO SEE A DOCTOR I KNEW SOMETHING WAS WRONG. HE DIAGNOSED ME WITH PTSD. HAD ALL THE SYPTOMS.FLASH BACKS, NIGHTMARES, ANGER, TRIGGERS AND SO ON. SO I HAD BEEN OUT OF THE SERVICE 9 YEARS BEFORE I WAS DIAGNOSED. I THOUGHT FOR SO LONG THIS WAS NORMAL. SO I TALKED TO SOME NAM VETS AT WORK AND THEY SAID I SHOULD FILE A CLAIM WITH THE VA. SO I CONTACTED THE DAV. THE CLAIM WAS FILED AND RECIEVED 50% FOR PTSD. IT TOOK 8 MONTHS TO PROCESS AT THE RO OAKLAND. BY NOW I WAS SEEING THE SHRINK AT THE VA. AND WAS BACK AT WORK. BUT THINGS WERE NOT GETTING BETTER. MY AVERGE GAF SCORE WAS 50-55. SO AFTER 7MONTHS AFTER MY ORIGINAL AWARD I APPEALED.AND THEN THIS IS WERE THE FUN BEGINS.

I REQUESTED A DRO. HAD SOME NEW EVIDENCE NOTHING SOLID. SO IN NOV 2005 GOT MY SOC. DENIED INCREASE STATED THAT I WAS STILL WORKING AND GAF SCORE REMANDE THE SAME. JAN 2006 IS WHEN I QUIT MY JOB. ALTERCATIONS WITH SUPERVISORS CONTUINED. PART OF THE AGREMENT TO COME BACK TO WORK WAS TO DISCLOSE THAT I HAD PTSD TO THE CO. BIG MISTAKE. I WAS TREATED LIKE FREAK. I HAD SUPERVISOR TELL ME HE WAS AFRAID I WAS GOING TO BRING A GUN TO WORK AND KILL PEOPLE. BUT I STAYED I HAVE 2 SMALL KIDS AND THEY EAT ALOT. SO NOW I AM OUT OF WORK. I PROVIDE THIS INFO TO THE VA AND SOME NEW EVIDENCE DOCTORS REPORTS FROM THE VA. SO IN JUNE OF 2006 I GOT SSOC. DENIED FOR INCREASE THE ONLY REASON SAME GAF SCORE. BY NOW I HAVE FOUND THIS WEB SITE AND I WENT TO WORK DOING MY HOMEWORK. I FORGOT THAT IN FEB 2006 I WENT TO VOC REHAB AND TOOK ALL THERE TESTS AND EXAM. THEN ONTHIS SITE I READ THAT VOC REHAB RECORDS CAN BE USED AS EVIDENCE. SO REQUESTED THEM AND THIS IS WHAT IT READS. EMPLOYMENT IMPAIRMENT-SEVERE, PSYCHOSOCIAL IMPAIRMENT-SEVERE, SITUATIONAL IMPAIRMENT-SEVERE. SO I AM THINKING THIS IS IT. SEND A COPY TO VSO AND VA. ALWAYS SEND 2 COPYS ONE TO THE VA AND ONE TO THE VSO. OK A COUPLE OF WEEKS LATER I RECIEVE A IU FORM IN THE MAIL FROM THE VA. VSO SAYS FILL IT OUT AND SEND IT BACK I DID. OK 4 WEEKS AGO I HAD DOC APPT WITH A NEW SHRINK AT THE VAMC IN RENO. I MOVED AND NOW EVERTHING IS IN RENO. I JUST GOT HIS REPORT IN THE MAIL THE OTHERDAY. HE SAYS " AT THE PRESENT TIME I WOULD HAVE TO SAY THAT THIS VETERAN IS UNEMPLOYABLE BECUASE OF HIS POSSIBILITY OF CAUSING HARM TO OTHERS WITH MINIMAL PROVOCATION". GAF SCORE 46. AND LAST WEEK I RECIEVED A LETTER FROM THE VA FOR A C&P EXAM IT SAID IT WAS FOR MY APPEAL. SAID NOTHING ABOUT MY IU APP. THE VA AS NOT RECIEVED THIS LATEST DOC REPORT. JUST MAILED IT IN. ALSO FILED FOR SSD 4 MONTHS AGO THEY SAY THE AVERGE HEAR IS 7 MONTHS FOR DESCION. SO WHAT DO YOU THINK IS THIS A STRONG CASE IS THERE ANYTHING YOU WOULD SUGGEST I DO. ANY INFO WOULD BE GREATLY APPRECIATED OR JUST YOUR THOUGHTS. I HAVE REQUESTED TO GO TO THE BVA MY FILE IS STILL IN RENO. DECIEDING THE 2 ISSUES. GOD BLESS AND THANK YOU EVERYONE FOR THERE HELP.

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Calnight- is the state disability for total disability due to your PTSD?

If so this is good evidence.

I actually believe that your claim will be decided at the RO because this is excellent evidence you have.

It does sound like you have all of the bases covered.

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THANK YOU FOR ALL THE INFO. THE VA AS REQUESTED MY EMPLOYER RECORDS THE ONLY THING IS THAT MY EMPLOYER WILL NOT RELEASE THEM WITHOUT A COURT SUPEONA. THIS WAS PUT IN WRITING BY THE COMPANY AND SENT TO THE VA. I DID HAVE MY CHIEF SHOP STEWARD FROM THE UNION WRITE A LETTER ABOUT MY ABILITY TO WORK ALSO STATEMENTS FROM MY WIFE. I AM JUST TRING TO COVER ALL THE BASES AT WICTH I LEARNED FROM YOU FOLKS. ALSO DOES THE RO HAVE TO LOOK AT THE NEW EVIDENCE AND MAKE A DESCION ON IT BEFORE IT GOES TO THE BVA. THANK YOU I WILL KEEP YOU INFORMED AS MY CASE IS DECIEDED. ONE MORE THING THE LAST DOC I SAW AT VAMC PUT ME ON STATE DISIBILITYAS FAR AS THE DOCS CREDENTIALS IT SAYS HE IS M.D STAFF PSYCHIATRIST AT VAMC MENTAL HEALTH RENO. CAN I USE THE STATE DISIBILITY AS EVIDENCE?

THANK YOU

You can use any and all evidence available. If you've requested it go to the BVA, most likely the RO will pass the buck. One less for them to worry about. You should be able to get employee records from your employer and then give the to the VA. Personally, I think you've got a 2 yr wait if you're headed to the BVA. I'd try requesting it be heard by the DRO. jmo

pr

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Calnight- is the state disability for total disability due to your PTSD?

If so this is good evidence.

I actually believe that your claim will be decided at the RO because this is excellent evidence you have.

It does sound like you have all of the bases covered.

YES THE STATE DISIBILITY IS FOR PTSD. THIS IS THE SECOND TIME I HAVE BEEN ON IT THE FIRST WAS WHEN I GOT FIRED FOR THROWING THE SUPERVISOR. THAT ALSO WAS FOR PTSD. NOW IN CALIFORNIA THEY DONT CONSIDER IT TOTAL DISABILITY BECUASE YOU CAN ONLY STAY ON STATE DISIBILITY FOR 1 YEAR. BUT I WILL REQUEST THESE RECORDS AND SUBMIT IT. THE DOCTOR DID NOT STATE IN HIS PROGRESS REPORT OF PUTTING ME ON STATE DISABILITY BUT HIS SIG WILL BE ON THE APP.

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  • HadIt.com Elder

Calnight

Are you on workers compensation or some kind of state pension? Usually, if you are getting workers compensation their is something in the law about duel benefits from things like SSA or VA compensation. I was a federal employee and I know you cannot get federal workers compensation and VA 100% or IU for the same disability you get workers compensation for. How can the company keep you records from you? Perhaps they can keep them from the VA but why cannot you ask for them and then send them to the VA? Have you talked to a lawyer about your company not releasing these records? Things like disability retirement records are good evidence for IU. If it is workers compensation that is a different kettle of fish. I don't really know about state workers compensation but I would tread carefully. SSA disability records are good evidence. If you had a disability insurance policy and they determine you are disabled that is evidence. Anything that points towards disability that is based solely on your VA disability is good. Benefits that point towards other causes of your disability besides your service connected disability are not good. The VA wil try and say that you are IU or 100% because of NSC reasons. They did that to me even though I was 70% service conected.

You company is probably worried about releasing your records and then being sued for violating your HIPPA or other privacy rights. If their is something in your work records that would really impact on you VA rating I would do whatever I had to do to get the records. Your company sounds very paranoid, or they are hiding something and are scared of revealing it to the government. Maybe if there was a legal release statement for them to sign that would protect them from lawsuits they might be more cooperative. It sounds strange to me.

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Calnight

Are you on workers compensation or some kind of state pension? Usually, if you are getting workers compensation their is something in the law about duel benefits from things like SSA or VA compensation. I was a federal employee and I know you cannot get federal workers compensation and VA 100% or IU for the same disability you get workers compensation for. How can the company keep you records from you? Perhaps they can keep them from the VA but why cannot you ask for them and then send them to the VA? Have you talked to a lawyer about your company not releasing these records? Things like disability retirement records are good evidence for IU. If it is workers compensation that is a different kettle of fish. I don't really know about state workers compensation but I would tread carefully. SSA disability records are good evidence. If you had a disability insurance policy and they determine you are disabled that is evidence. Anything that points towards disability that is based solely on your VA disability is good. Benefits that point towards other causes of your disability besides your service connected disability are not good. The VA wil try and say that you are IU or 100% because of NSC reasons. They did that to me even though I was 70% service conected.

You company is probably worried about releasing your records and then being sued for violating your HIPPA or other privacy rights. If their is something in your work records that would really impact on you VA rating I would do whatever I had to do to get the records. Your company sounds very paranoid, or they are hiding something and are scared of revealing it to the government. Maybe if there was a legal release statement for them to sign that would protect them from lawsuits they might be more cooperative. It sounds strange to me.

THIS IS A VERY LARGE CO. I KNEW THAT DONT RELEASE THIS INFO WITH OUT A COURT SUPEONA. ITS THERE POLICY. I HAD FRIENDS GO INTO LAW ENFORCEMENT AND GOT HELD UP BECUASE OF THERE PROCEDURES. AS FAR AS STATE DIS IT IS DIFFERNT FROM WORK COMP. ITS A TAX IN CAL THAT COMES OUT OF YOU CHECK. I CALLED SS AND WAS TOLD THAT IF I RECIEVE STATE DISIBILITY IT WILL AFFECT MY BACK PAY.

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  • HadIt.com Elder

Calnight

I think the fact you are getting this state disability money and an agency has made a determination you are disabled would help you VA claim. It might hurt a non service connected pension but it should help a service connected claim. Did a psychiatrist examine you and make a determination you were disabled due to PTSD? Have you applied for social security disability or SSI? Now is the time to push for everything since you have some income. You know you will have to wait. I would try and keep it local and not ship the claim off to the BVA. Put in for every kind of disability benefit you can get including food stamps and section 8 housing since you are going to be poor while you wait for the VA to rate you. Are you service connected at the present for any rating at all?

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