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Conditions Left Off Complete Claim Packet--What To Do

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cook_15

Question

Hello. This is a good site. I have been wondering what to do. Can someone help me? Wife and other friends are telling me to appeal (as is my VA doctor from hospital)

I retired from Marine Corps last summer. EAS was 31 Aug, eBenefits said claim started Sep 1, and finished Oct 7. I got my pack in late October I think. I looked at it some and then put it up. I had a regular retirement, not medically retired or anything. Active duty. Infantry. 6 deployments, 2 for OIF. Enlisted.

I am rated at 100% but the letter says I have to be evaluated again starting Sept 1, 2016. I have mental health appts monthly and take 3 different meds.Ugh. Hate that. haven't went to PTSD group things yet cause I hate thinking about it.

I recently got it out again to view what I was rated at in details.

I have ratings of 70, 50, and 12 things with 10%. ptsd, sleep apnea, and from neck down to ankles covers the 12 other rated conditions. I was also rated at 0% for 3 or 4 things. I don't have a TBI.

My question is about why they left off my huge hiatal hernia (acid reflux/heartburn--no mention of it), and also my hand pain in both hands (its across the tops of each hand) and it's not carpal tunnel. I have no numbness in palm. But I can't lay in bed without hands perfectly flat or they start aching and throbbing. Been this way several years now. I was evaluated for both, but it's not on my final claim.

My lower back was only rated at 10% as well, but I can hardly sit in one place for 10 minutes before it locks up and my MRI said I have bulging disks and degenerate disease and mild scoliosis without fractures plus narrowing of space between the bottom 7 or 8 vertebrae. Pain meds don't work on me and my TENS unit helps some, but only lasts a little while till it still comes back. Pain meds don't work on my father either. Very little that is. I don't want to be a dang drug head. I guess the P&C exams don't really see how bad pain can be... upper back/neck burns and locks (no relief stretching) too if I sit still too long. Have to be moving around. I don't drink or do any sort of drug except these pills they give me. I take tramadol sometimes but it doesn't touch it really so I just deal with it.

I am wondering if I should appeal for the missing items I did get evaluated for that never showed up on my final claim. I had an upper GI where I drank that silver stuff and I seen the hiatal hernia myself and the liquid go back up my esophagus when I was laying on my right side. Hernia was about a golf ball or so size. Doctor acknowledged too. I take medicine for it.

I know I'm at 100% and although it isn't permenant, I don't see anything getting better, except my ability to focus and deal with mental issues. My mental health doctor didn't even know what the infantry was, kind of made me mad... how can they help people if they don't know what you are going through? I have been told to ask for a different one but I just want to get in and get out. I don't like being a "patient".

Does anyone have a recommendation? If it is to appeal, what do I do? If I appeal and they add the extra stuff, can they lower anything else? Or can they only touch my possible reduction until Sept 1, 2016?

I had a friend say that they usually reduce your PTSD rating. How low do they take it? I take clonipin to help me not have anxiety at night and it helps but it makes my anger worse the next day, I also had to stop zoloft because I was getting fits of rage at the slightest memory of something or if a frustration got bad. It's hard with family. My wife is helpful but its hard still.

I work part-time less than 30 hours a week, just so I don't go stir crazy and Im also trying to go to school online, but Im not doing well... :-(

Any advice?

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My only advice would be to take the meds you can and talk to your Psychiatrist about the side effects of the ones you can't take. Also try to go to the PTSD groups if you can, you don't want to be labelled by the VA as non-complaint.

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Should I get the other conditions added, and if so, how does that process work? If they add them do they rate all over again or only add them to my current rating until I am up again for re-evaluation.

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  • HadIt.com Elder

Those items that weren't mentioned, were effectively, denied. You need to file a NOD on those items, ASAP. jmo

As for meds, you can take them or not take them. In 25+yrs, I've taken meds 3 times, for about 3 months, each time. I am rated 100% P&T for PTSD and have the over 20yr protection "plan."

pr

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cook_15

I acutally noticed the same thing that a couple of my contentions were missing off of my original request? Also, as I went over my contentions, my VSO reinterpreted a few things as she typed them into the system? For instance, I've had problems with Prostatitus for some time and the VSO list it as a "groin issue" which makes no sense at all? But, I just have a few that are missing on ebennifts but were on the original, "hard copy" forms. I do know that the originial disability claims request has all of the the correct contentions on them but they did not translate over to ebennifits because they are not all listed? That's because I believe that the VSO did not type all of them into the system properly? Once again, I heard the ole, "don't worry, the raters will figure it out eventually? If there's one thing that I've learned from this site and that's that if there is a problem with something not being communicated properly with VBA, it has a good chance of counting against the Vet? As a result, I'm going to send an IRIS to the RO ensure that it's listed and that they are at least advised of the discrepancy.

Edited by rootbeer22
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Be careful rocking the boat bud. I had quite a few conditions that the VA keeps giving me the runaround. I put in for these claims and now 4 of my current conditions are up for a sudden Review this week. Now I am freaking the heck out. You as I have a right to SC everything illness, disease or disability that we cam home with and did not ask for. Yet as is happening to me and others sadly is that the VA thinks we are going to get rich off of being sick, and they start to come after are SC disabilities. Only you can decide what to do. God Bless and good luck

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