ptsd Need Help !

[MarineWife]

Hello Everyone,

I desperately need help! I’m trying to help my husband with his VA. I have been reading the posts and trying to get familiar with things and try to learn some things on my own. My husband will not try to do any of this because it frustrates him. I have been doing some of it on my own and with the help of the DAV.

My husband was in the USMC for 11yrs. He was in Operation Desert Shield/Desert Storm and has a Combat Action Ribbon. He got out with severance pay and we paid that money back some years ago when he filed for his disability and was approved. We didn’t talk to anyone prior to him getting out in 1992 and didn’t know that it was a bad move to get the severance pay. He was 50% and we filed a fully developed claim in April 2014 and he was awarded 90% on April 2015. We didn’t know that it wasn’t good to file a claim while another claim was active and they kept asking for more information. See when he filed for an increased for what he already had and added additional items at the same time in April 2014, he had to have knee arthroscopy on June 24, 2014. We went to VA Office and ask for help in filing for a Temporary 100% because he was out of work for Knee Arthroscopy and the VA put this on his fully Development claim as well and we didn’t know that this would hurt us . They gave him temporary convalescence pay from June 2014 until September 2014 but they put the payment in with his award that he got in April 2015 (90%). Is a 100% Temporary Convalescence Pay the same as Special Monthly compensation based on Housebound. They said he was housebound from June 24, 2014 to September 1, 2014 SMC (S-1). Was I supposed to get paid separately for him being housebound? My questions may sound stupid. Some of this can be so confusing but I have to continue to be strong and help fight for him.

Here is his rating and everything is SC

Right testicle 10%

Degenerative Joint Disease of the Left Knee status post ACL and LCL, repair with limitation of flexion 10%

Degenerative joint Disease of the Lumbar Spine (previously claimed as spinal cord injury in 2007) 20%. They are saying that his Lumbar Spine injury is link to his left Knee injury and neurological condition.

Painful Surgical Scars of Left Knee 10%

Left Peroneal Nerve Paralysis (also claimed as foot drop and chronic neuropathy) 30%

Tinnitus 10%

Degenerative Joint Disease of the Left Knee status post ACL and LCL repair with limitation of extension 40%

Degenerated Joint Disease of the left Knee Status post ACL and LCL with instability and subluxation 20%

Bilateral Pes Planus 0%

PTSD 50%

Degenerative Joint Disease of the Cervical Spine (previously claimed as spinal cord injury) 20%. They denied him Spinal Cord Injury in 2007 with the same information they are using for his Cervical Spine now but we never file for Cervical Spine in 2007. We just filed for Spinal Cord Injury in 2007. It is so confusing.

Currently, I thank the Lord he went from 50% to 90%. I feel like he should have gotten a 100% PT. I think he have a year to add to this claim eventhough he is 90%. He just had a Sleep Apnea Test done about one month ago and his score was AHI: 85 and they gave him a C PAP Machine. His right knee is bothering him as well from putting more weight on it. He can’t work at all now and the VA doctor won’t say he can’t work. His work history has gone down. He worked on his job for ten years but they laid him off Nov. 2, 2013 (they said they had to lay people off to stay open but I truly think they chose him because of his knee injury). It hurted him and he felted very low. He found another job Nov. 11, 2013 and worked until March 30, 2014. He had to stop because he was in so much pain and very stress. The VA kept messing up his surgery date on his knee and that’s when the scandal stuff start coming out about how they were messing up people Appt. He had surgery on Jun. 24, 2014. The VA doctor release him in August 2014 with no limitation to activity. I was mad because I knew that was a lie!!!! Well he struggle and went back to work on another job October 10 2014, to March 2015. His last two bosses got mad at him because he had to stop working for them and probably won’t help write a letter stating why he had to stop working. He is not able to work at all now. The VA just send him a VA Choice Card and letter stating that since he live so far from a VA Hospital he can find a doctor closer to home and they VA have to authorized everything and we are trying to find a doctor closer. Have anyone heard of this program and is it a good program? I will be out of work for two months and I am giving this my full attention. Please give me some direction because I am thinking about going back to the DAV but I want to learn and know as much as I can just in case we go back to them for help. Sorry this was so long. I feel good because I am talking about this and what we are going through. If this is too much to answer please help me with what u can. I think I need help with IU/TDIU. I just don’t know to if we need to file Sleep Apnea and right knee/leg first or IU/TDIU. I don’t want to mess this up. May God Bless You All!!!

MarineWife

[jbasser]

You need to call John Dorle or email him at benefitsagent@comcast.net.

[Gastone]

Is he actually IU per VA criteria, that is the Question? Is he capable of doing even Sedentary Work, where he would earn $238.00 per week ($12,400.00 per year under 65)? Have you filed for SSDI yet? If he's disabled, he's disabled but can he earn an income doing anything?

As for SA, a very difficult SC as a Primary SC condition, if DX or symptoms are not in his SMRs. When was he DX'd for SA and did the Sleep Dr give any etiology for his condition? At his current 90%, on CPAP would get him at 50%, gets him to 95 rounded to 100. At that point an IU claim would be moot.

Start the IU claim & the SA claim on at his E-Ben account to establish a claim date, you have 1 year to hit the SEND button. Then get busy on your Evidence, attach any supporting Medical Evidence as PDFs to the claim and hit send. C & Ps should be scheduled shortly if your claims stay as FDCs.

Semper Fi

Gastone

[Berta]

He should apply for TDIU ( VA form21-8940) as well as SSDI ( Social Security Disability )

I see 3 ratings involving this

Degenerative Joint Disease of the Left Knee status post ACL and LCL, repair with limitation of flexion 10%

Degenerative Joint Disease of the Left Knee status post ACL and LCL repair with limitation of extension 40%

Degenerated Joint Disease of the left Knee Status post ACL and LCL with instability and subluxation 20%

"He had surgery on Jun. 24, 2014. The VA doctor release him in August 2014 with no limitation to activity." ?????

What were his ratings for all of above prior to the surgery?

To me, this reads like he got worse After the surgery, regarding the knee disability

J Basser gave you the contact for a superb veteran's advocate who works with Dr. Craig Bash, to prepare solid IMOs...Independent medical Opinions.

If you do contact John Dorle, and I hope you do, refer him either to the link here or tell him what you told us.


"Degenerative Joint Disease of the Cervical Spine (previously claimed as spinal cord injury) 20%. They denied him Spinal Cord Injury in 2007 with the same information they are using for his Cervical Spine now but we never file for Cervical Spine in 2007. We just filed for Spinal Cord Injury in 2007. "

You can mention to John D that Berta from hadit was concerned that it appears the ratings for the left knee got worse after the surgery ( possible Section 1151) but not enough info here yet to know ,and also tell John I believe a possible CUE was made in the 2007 spinal cord denial, just based on what is posted here.,since this was surely DJD at that time and service connectable then, if at ratable level, in 2007.

Do you have your husband;s complete SMRs and also His copies of all of his VA medical records?

Can you scan and attach here the 2007 denial letter?

(Cover C file number, name, address prior to scanning it)

[broncovet]

Marine Wife

Berta has given you good advice. You need to scan in your VA or BVA decisions to see where to proceed. An attorney will also want to see your recent decisions. You see, if we give advice based on your interpretation of what happened, our advice wont be any better than your interpretation..not that you interpret this badly, but you have admitted being unfamiliar with VA processes. Have you appealed the 90 percent rating, or the Housebound status? You have a year from the VARO decision to file a NOD. Dont let a VSO talk you into filing a new claim, instead of appealing, as you will lose out on retroactive benefits.

Most of us here on hadit have had to appeal one or more times in order to get our benefits. The only thing VA likes better than "lowball" is "noball". The only thing VA likes more than delaying your claim a year is delaying it 2 or more years. Some Veterans benefits are delayed 20 or more years. For example, Alex (Asknod), has had his claim delayed 20 years and he recently won backpay back for 20 years. I, too, have been fighting VA for the past 13 years, and it will likely be several more years before I get it resolved.

If you did not appeal the 2007 decision, then your choices are more limited, and Berta is an expert at "finding the CUE" in decisions. In some circumstances, you may be able to get retro benefits with 38 cfr 3.156 if some of your evidence was missing.

The first step, if you have not done so, is to order a copy of your cfile for your review and any representative you select. Hopefully, you have kept good records and kept a copy of everything you got from VA, including your doc' reports and service records.

Edited June 16, 2015 by broncovet

[MarineWife]

He should apply for TDIU ( VA form21-8940) as well as SSDI ( Social Security Disability )

I see 3 ratings involving this

Degenerative Joint Disease of the Left Knee status post ACL and LCL, repair with limitation of flexion 10%

Degenerative Joint Disease of the Left Knee status post ACL and LCL repair with limitation of extension 40%

Degenerated Joint Disease of the left Knee Status post ACL and LCL with instability and subluxation 20%

"He had surgery on Jun. 24, 2014. The VA doctor release him in August 2014 with no limitation to activity." ?????

What were his ratings for all of above prior to the surgery?

To me, this reads like he got worse After the surgery, regarding the knee disability

J Basser gave you the contact for a superb veteran's advocate who works with Dr. Craig Bash, to prepare solid IMOs...Independent medical Opinions.

If you do contact John Dorle, and I hope you do, refer him either to the link here or tell him what you told us.

"Degenerative Joint Disease of the Cervical Spine (previously claimed as spinal cord injury) 20%. They denied him Spinal Cord Injury in 2007 with the same information they are using for his Cervical Spine now but we never file for Cervical Spine in 2007. We just filed for Spinal Cord Injury in 2007. "

You can mention to John D that Berta from hadit was concerned that it appears the ratings for the left knee got worse after the surgery ( possible Section 1151) but not enough info here yet to know ,and also tell John I believe a possible CUE was made in the 2007 spinal cord denial, just based on what is posted here.,since this was surely DJD at that time and service connectable then, if at ratable level, in 2007.

Do you have your husband;s complete SMRs and also His copies of all of his VA medical records?

Can you scan and attach here the 2007 denial letter?

(Cover C file number, name, address prior to scanning i

[MarineWife]

You need to call John Dorle or email him at benefitsagent@comcast.net.

Thanks. I will.