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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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OCDMarine

Nexus Letter for secondary Anxiety/Depression

Question

 I am 40 percent service connected for Spondy 20% knees 10% patellofemoral.. I am also being treated for Anxiety, Depression, insomnia, fatigue at the VA.  I have been diagnosed with Generalized anxiety disorder, and Major Depressive disorder (mod)  In my records it references that this is because of my Chronic pain.. I also have a Note/letter from my VA MD that says my "Anxiety/Depression is "most likely" caused by my Chronic pain syndrome from my Service connected disabilities"  is this sufficient to get these rated?  Any help would be appreciated.  Thank you

Edited by OCDMarine
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It won't hurt. That is the same diagnosis I have.

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I would definitely apply for the Depression as secondary, including the letter from your doc, statements in support of claim (or lay statements, as they are also known), from yourself, spouse, older children, buddies, coworkers, etc, detailing how much your depression affects your daily life. Be sure to include any and all medical treatment records for the depression, and while your getting all if that ready, do an intent to file on ebenefits, you will have one year to submit your claim and the "intent to file" will preserve your effective date. Hope this helps, and Good Luck!!

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Should i pursue another "linking letter"? From a Psychiatrist or My Primary Care Doctor out in town?  Or would you think that the brief note/letter my VA doctor put in my Records should be enough?  Thanks again 

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8 hours ago, brokensoldier244th said:

It won't hurt. That is the same diagnosis I have.

What is your Rating?  To be more specific i am 20percent For Spondylolisthesis, and 10 percent for each knee Patellofemoral.  Do you receive any secondary ratings to these?  Thanks

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100% MDD, 40% DDD, 50% SA, 20%(bilateral) peripheral neuropathy

 

You psych should opine in their notes as part of their ongoing narriative what the cause for your depression is already- its part of their rendering a diagnosis. 

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  • Similar Content

    • By Barbamatt
      What is depressive disorder (SCT 59212011)? I found that code in my healthevet record. 
      Also I requested a hard copy of my medical record and part of it was blank. It was pertaining to a psychiatric admission back in 2011 it's part of my HealtheVet is also blank.
      I think at one time I had access to the information because I have a stack of papers from back then in a file somewhere.
    • By weep4souls
      Does anyone know an IME in the San Antonio area?  San Antonio is known as Military City USA. It would be sad not to have some here.
    • By Tanker1
      I was scheduled for a C and P exam recently and this is what happened and what I submitted to the VA asking to be placed in my file also.  Have you seen this before and does anyone have any clue as to why a doc would act this way?  Does this make sense?  I have no idea what the outcome will be yet.  The claim is in preparation for decision now.
       
      On 6/28/2019 I showed up to an appointment with xxxxxxxxxxx in Horn Lake, MS for a VA requested C and P exam for what I was advised to be Anxiety and depression that was setup through VES contracting. Upon entering the room the doctor advised that I was there for a C and P exam for anxiety and depression and explained that the reason they do these exams sometimes is to be sure veterans are not lying about their claims. This struck me as an odd way to begin an exam and then the Dr. proceeded to look over my C-File and advised that it appeared that I had someone else's records that had served from somewhere around 1958 to 1964 and asked if that was me. I of course stated no. I was not even born yet. She then went on to say that sometimes these files are put in our veterans records by the VA accidentally. I asked if that is what they base my claim on and she stated that there were disagreements in my file about dates by raters and that this file was causing confusion. She stated that she would let them know that they should remove it. After the appointment I called the VA and spoke to an operator that stated that the record mentioned above was never in my file and she had no idea what the doctor was talking about. As the appointment continued it seemed as if the Dr. was continuing to try to discredit anything wrong with me by asking if I thought I had biological depression and could have had it all my life. I advised her that I had a great childhood and after joining the service I started noticing my anxiety and depression becoming worse. The doctor also advised that I must have made my previous boss mad and that is why I was fired which should have nothing to do with why I am at a anxiety and depression C and P exam 2 years later than the termination. The doctor also asked if I was mad because I was released from the military when I stated that to my knowledge I was released from the service due to sleep apnea, anxiety and depression. I stated life goes on. Which it does. We are soldiers and we learn to keep going no matter how much it hurts emotionally or physically, or at least we try even though appointments like this one remind me that evidently, possibly not everyone has our best interest at heart. I miss the people I served with as an M1A1 Tanker. I miss serving and I love my country even though my body is worn because of it. I do not regret serving by any means. I feel as though this exam was more of an inquisition and have had more anxiety due to the unsettling nature of the exam since it unfortunately. Thank you for taking the time to read this if you do. I just wanted someone to hear my side. I am attaching the C and P request also to this letter so that you will have their information also.
       
    • By Spidey
      Hello fellow veterans.
      I had an experience over years- each Spring, feel a lot better after the much worse Winter.  A chronic, physical, neurological, pain condition means the normal forces of life get multiplied or muted.
      This year, worst Winter, but Spring brought a good day- so I went out, Motrin augmented, and used tractor to fix dirt road that was like a moonscape of potholes.
      People came out along the stretch. Some angered, some wondering, some wanting to talk, and one person offered 600 for gravel in front of their place.
      While placing the gravel (showing where to dump it) someone else wanted gravel next door on the road- I saw to it.
       
      Soon, 10,000 dollars of gravel spread over a mile- and all I had to do was show people the gravel was appropriate for their investment, the results were obvious.
      So, eventually, over a month passed, 60 truckloads (30 trips) and the road was done.  Some complained, others angry, others reassuring, others with critical useful information (how to make the road).
      I went home when someone took a tractor and dug up the gravel in a sort of angry move.
      When I went home, wondered how I worked for a month plus past the much worse pain, pain from Motrin harming kidneys, yet when I got home, was unwilling to do laundry, clean house, vacuum, Spring cleaning...  I thought hard.  The answer?

      The Placebo Effect. 
      No, I took no sugar pills- but when one goes to be tested with a sugar pill it is always a PERSON saying the pill helped.  A PERSON that one meets up with to see the results..  It is the PERSON not the PILL that makes a significant percentage feel their symptoms improve temporarily.
      So, I realized, this year the Spring improvement was augmented by leaving the home- Nature always guides with discomfort if doing the wrong thing, pleasure if doing the right thing- moving back towards being near others- mean, angry, helpful, reassuring, no matter- just be near the (if you will) herd.
      Disability isolates, insulates, makes one away from others, more so with time.  I avoid getting help from family- over decades it just hurts em to see it.  I avoid the VA because they very, very, often do more harm than good if not extremely vigilant.
      Disability alters sleep-wake time.  It makes people get introverted.  It makes ordinary pleasures- eating at a restaurant- unpleasant. Makes having a mate problematic (in a few senses).  But aside from all this, merely being NEAR OTHERS in a physical, not just online way (I am pretty much a spider on the web, dispensing solutions wherever inspired, since the days of Compuserve, Netscape, and Prodigy). I can explain how this probably works.
      In each persons gut (mouth to tail) there are microbes, bacteria like, much or most of your body weight is not you.  This means much of what makes a human operate or inoperable is the microbes NOT suffering from your disability- but from isolation from OTHER HUMANS and their microbiome.  Just being near a person (not necessarily that close!) means your microbiome matches up with other peoples- and a silent equalizing happens.
      This explains why pain is so depressing, why depression is so isolating, and why isolating is so pandemic to the disabled.
      This explains how the Placebo Effect works.
      This explains why young people join terrorist groups- and how to fix it- get a non terror group for them to join.
      This explains in part why people laugh more, louder, at jokes if in a room of people
      This explains how people suspend disbelief much more in a theater than alone watching a show

      Altogether, a solution offered for those in misery and won't even let that word (and others) pop to the surface of their awareness is to just get near other people.   Try this...

      Go to a grocery store or similar venue.  Walk slow, be fairly dressed, not unkempt.  Shop.  When you see someone with another person, just walk up real discreet and comment on their purchase.  See how they light up?  Do it again.  And again. Maybe crack a joke. 

      Now, go to the checkstand.  Pay for what you bought.  When the checker (forced) says ...would you like to donate your money or change to ...  you say ...Nah, I am trying to quit...  or tell them another joke (Do these GMO free eggs come with free HBO?)
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      Consider the reward from being selfless.  If you want a smile, see this video and if you identify with its meme about pain and being trapped. Notice the hero is not alone.
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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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