Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
USMC_VET

ptsd PTSD "TO INCLUDE SLEEP DISTURBANCE" Help

Question

Post Traumatic Stress Disorder To Include Sleep Disturbance        12/03/2015        INC            View Pending Claim

 

So i just filed for Sleep Apnea but under the Sleep Disturbance secondary to PTSD route.  This is what is showing.

 

What is "INC" and i am claiming SECONDARY TO and not INLCUDING, i am guess the INC is "Including" however if they consider it INCLUDING they wont rate it seperately and just put the PTSD and OSA symptoms together for one rating.  I think they are trying to avoid the 50% given for CPAP and just include it in PTSD but keep the rating level the same.

  • Like 1

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I think you have that right.  Yesterday, I was in an indepenent Sleep Doctors office with my wife for her sleep apnea.  While I was there, I asked him about 

the sleep apnea - depression link, that is, does he think sleep apnea "is" at least as likely as not related to depression.  

He responded, "Yes, in fact, OSA and depression have almost identical symptoms, one is often confused with the other".    

I wonder how many Vets are being treated for depression when they should be treated for sleep apnea?  

My VA sleep doctor even opined that my sleep apnea was the R/O  (result of ) depression.  VA asked for another c and p exam and got their denial, because their c and p examiner knew nothing about sleep apnea, and opined that depression and sleep apnea are unrelated.  

  • Like 3

Share this post


Link to post
Share on other sites
  • 0

USMC VET, heh, I don't know if this might help with your predicament but I thought I would relay the situation.   Long story short I filed for Sleep apnea, sleep disturbances got hosed on both, lack of evidence and no mention in SMRs in any case it's denied on my first filing of the claim.

Then when my DRO hearing happened, related to an increase on my back and Gulf War Claim, they connected certain items to specific illness and conditions.  DRO approved sleep disturbances but not with sleep apnea she tied it in with the Mental claim I had at the time.  She also service connected fatigue to include tiredness but related those findings to my thyroid issues.  Mental sluggishness also got tied in with the thyroid issue.  My point in mentioning this , a Veteran needs to be familiar with what justifies a higher rating for their specific condition, and or injury. As well as take note of what symptoms were in their service medical records.  However, I have to add the decisions/denials also must be looked at. 

Rating for thyroid"

7903   Hypothyroidism  
Cold intolerance, muscular weakness, cardiovascular involvement, mental disturbance (dementia, slowing of thought, depression), bradycardia (less than 60 beats per minute), and sleepiness100 
Muscular weakness, mental disturbance, and weight gain60 
Fatigability, constipation, and mental sluggishness30 
Fatigability, or; continuous medication required for control10

I may be wrong in this opinion but it is only my opinion from what I've seen in my case.  If these "symptoms" were present but ignored to justify a denial of the initial claim, or lowball, now that they have been "approved" would the ratings for those initial conditions not in fact have changed the initial outcome.  As more of the symptoms for higher ratings and service connections were evident and present.  

Adapt and overcome is what it appears to have been done. Another case of the conjunctions of "and" & "or" used to the VA's advantage.  JMO

  • Like 3

Share this post


Link to post
Share on other sites
  • 0
Post Traumatic Stress Disorder To Include Sleep Disturbance        12/03/2015        INC            View Pending Claim

 

So i just filed for Sleep Apnea but under the Sleep Disturbance secondary to PTSD route.  This is what is showing.

 

What is "INC" and i am claiming SECONDARY TO and not INLCUDING, i am guess the INC is "Including" however if they consider it INCLUDING they wont rate it seperately and just put the PTSD and OSA symptoms together for one rating.  I think they are trying to avoid the 50% given for CPAP and just include it in PTSD but keep the rating level the same.

But then again if you do use a CPAP, then you do rate the 50% for that.  I filed mine a week or so earlier than you...so...round and round we go!

Share this post


Link to post
Share on other sites
  • 0

Ive never ran into the "SC X + to include and not "secondary to"

 

From what i see in BVA cases is that they deny these cases since you cant be rated for something seperately that is a part of an existing disability, under pyramiding rules.

I guess i shall see, i was hoping someone had filed OSA under secondary and ran into this before or had been rated with this wording.

Share this post


Link to post
Share on other sites
  • 0

UPDATE:

I see on ebenefits that it is being treated as an INCREASE claime to my existing PTSD.

That is not what i want.  I am just short of the 5 year rule, i dont want ot give them a chance to put me through that reduction fiasco again.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By thegat
      Good afternoon, Have a question regarding PTSD.  I was rated at 30% for it about 7 months ago.  I think I should have been rated higher, but who cares what I think.... My question is I was offered counseling by a V.A doctor,   but I have yet to take them up on it. Does this hurt me because I'm going to put in for an increase in the next few months. Should I take them up on this offer? Bonus Question, should I  appeal the first decision or just apply for an increase? Thanks  in advance!
    • By Ztmiller8
      Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
    • By Lizette
      I received my rating for PTSD in 2017.  I recently got a call to schedule an evaluation for PTSD.  I'm assuming they're checking to see if my symptoms have gotten any better.  Is there anything I need and/or should do to prepare for this (ie documentation).  I get so uncomfortable having to talk about things to a stranger.
    • By MarineLCpl
      At the end of June, I noticed a claim had been opened for my SC’d PTSD, currently rated at 70%. 
       
      Little background, I was rated at 70% for Major Depression back in 2010. I filed for TDIU and it was granted later that year. The VA re-examined the Major Depression in 2015. They changed my diagnosis to PTSD with Major Depression, but continued the 70% rating. IU remained intact. 
       
      Fast forward to present day, the VA decided to reevaluate the PTSD (just shy of 5 years since my last C&P). I attended an exam, it went well. Doc was nice and made me feel comfortable, which was a relief because I hate going to those things. 
       
      I received my packet yesterday with a decision. The C&P exam showed my symptoms had gotten worse, but not enough to warrant an increase. They continued my 70% rating and kept the IU intact. 
       
      Here’s what did change: it states that I now qualify for basic eligibility to Ch. 35 benefits due to my disability being considered permanent and total. I was under the impression that you needed to be rated 100% scheduler to qualify for this, but apparently they consider TDIU P&T equivalent to the 100% scheduler rating in this regard. I did not know this and thought TDIU simply “paid the same rate as 100%.” 
       
      There was no information regarding the need for future exams. In the past, there was always a closing sentence that stated I could be re-examined. Since they changed my status to P&T, does this negate the need for reexaminations in regards to the PTSD? Just not totally sure how this works. What I do understand is that if I opened a new claim or filed for an increase, a C&P would surely follow of course. 
       
      Here’s another area that makes me uneasy. I have held off on filing secondary claims related to the PTSD, such as ED and IBS. I’ve also considered filing for tinnitus. But something tells me that I may be asking for trouble if I do so. Some have told me that because I’ve been granted 100% TDIU P&T that I shouldn’t worry about filing new claims in hopes of reaching scheduler status. These opinions are mixed, some say go for it, others say “don’t push it.”
      While they are valid claims, not sure what I should do. The only benefit I see to scheduler, aside from dental, is that I could “work” with no income barriers and not have to worry about risking my benefits if I make too much. Currently, the little work I do is hobby- based and only nets a few thousand dollars a year. I file taxes every year showing this income. BUT, I do have ambitions toward expanding this into a small operation someday to earn a little extra income for an IRA. Retirement is one of my biggest fears. But at the same time, I don’t expect to be making anything beyond marginal income in this lifetime, regardless of an expansion. 
       
      So much to think about...I suppose I should be grateful I’ve made it this far...I wish I could say my doubts, fears, etc have dwindled, but unfortunately, I feel no different. As we all know, the VA plays by their own rules after all. 
       
      I WOULD like to say thank you to all those that helped me reach this point. I try to help others on this site as a way of giving back. This community has been a godsend to me for many years. 

      God Bless, 
      MarineLCpl
       

       
       
    • By Wise Guy
      One of my friends been out the military for 6 years. However, he needs to file for MST. He doesn't have any evidence in his records (No police records, investigations, statements, or anything) of MST but to my knowledge, a bill was passed that says we no longer need evidence. I could be wrong so please correct me if I am. Here are my questions below:
      1. Does he need buddy statements from friends he served with to get it connected to service?
      2. Does he need to provide a name of the person that sexually assaulted him?
      3. Does he need a phycologist nexus outside the VA of all his symptoms with the verbiage, "It is in my professional opinion that, his PTSD was caused by Military Sexual Trauma. Additionally, it is more likely than not that his PTSD, severe is connected to his time in service."
      or
      "After reviewing patients buddy statements and having 2 sessions with him, it is in my professional opinion that, it is more likely than not that his PTSD, severe was caused by Military Sexual Trauma. Additionally, it is in my professional opinion that, it is more likely than not that his PTSD, severe is connected to his time in service"?
      If he does need a nexus, which verbiage above sounds better than the other or what sounds better in general? I want him to get this right the first time. 
  • Ads

  • Our picks

    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 4 replies
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines