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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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emmak

Ptsd Back Pay,filing For Other Disabilities

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I am new to this sight and filing for benefits. After almost 40 years of suffering I filed for compensation and was awarded 50% I am a vietnam vet and was awarded the bronze star with valor.Now I am finding out that I have several other service connected disabilities as part of the ptsd. I don't know where to start and would hopefully would like to get 100 percent in case I die before my wife does so she does not have to worry about finances. Does anyone have an opinion as to where I should start?

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Are you still employed? If you are employed it will be hard to get 100% for PTSD. Have you taken the AO Registry exam? This may indicate some agent orange disabilities like diabetes. Many of us RVN vets will develope DMII and it is service connected by presumption. If you are unemployed due to the PTSD you should file for individual unemployability (IU or TDIU). You have come to the right place to get help. I would say that if you have 50% now for PTSD it is just a short hop to 70% and that is the magic percentage for IU if you are unemployed or under employed. Don't quit you job just because you get rated higher until you know that you will have your IU in the bag. It takes the VA a long time to grant any benefit so you need some cash to ride out the wait. Just keep posting and you will get the help you need. In the meantime, file a claim for any disabilities you have due to your service. You can just write a letter to the VA claiming the disability, and then you can work on getting all your documentation together.

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I had to go on ss disability about 6 years ago due to health when I turned 65 last spring i was offered a job job just driving around and picking up materials.I did no lifting or physical work I stuck it out for the summer but I just can't stand the pain in my legs, arms etc so my working days are over. Besides, I wanted to know if I could just drive. NO WAY!!! :D I am to the point that I need a cane when I stand up. I was in the military for 9 years. What do you suggest I look for to see if my knees are service connected? My knees never healed properly and the doctor says my bones are rotting.

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I would apply for IU immediately. When you get IU you will be paid at the 100% rate. Get a good orthopedist to look at your knees and see if he will not write you a letter to state that your deteriorating knees are service connected. Do you have proof your knees were hurt in service? Get him to review your SMR's to draw a nexus between you current knee condition to your service. If your knees are service connected already the SSD would be good evidence for a 100% rating or IU.

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Are you still employed? If you are employed it will be hard to get 100% for PTSD. Have you taken the AO Registry exam? This may indicate some agent orange disabilities like diabetes. Many of us RVN vets will develope DMII and it is service connected by presumption.

John, I know that DMII is supposed to be service-connected by presumption (law), but are you familiar with my case? I did the VA's AO Registry exam at the Boise VAMC in early 1990. In August 1990, I received my official notification from the VA that I had been placed on their AO Registry, but in the same notification, they denied my chloracne claim. I have chloracne scarring virtually bodywide and it first started/manifested during my second tour of duty in 1972-73.

BTW, I'm still listed on the VA's AO Registry.

For that chloracne claim, I had a very supportive state DAV Service Officer (who was a good friend and also a member of the VVA chapter that I was commander of at the time). I also had a combat Vietnam Vet congressman, Larry LaRocco, who also proactively shepherded my chloracne claim. It didn't matter....VA denied it.

In 1994, I was diagnosed with DMII (I'm now insulin-dependent). In 1996 via a VVA SO, I submitted another chloracne claim and the VA denied it.

In 2004 via a different state DAV SO, I filed a claim for DMII. The VA denied it. I asked the DAV to assist me with an appeal, but was refused. I contacted DAV National and asked for their intervention to persuade the state DAV to assist in my appeal. This resulted in my receiving a letter from a high-ranking national official stating that the DAV wouldn't assist me in my appeal or anything else. Yes, I'm a lifetime DAV member.

I then contacted Senator Jeff Bingamen's office (he's my senator and is on the committee that controls the budget for the VA) and asked for assistance on my DMII claim denial by the VA. The Senator's staff did their damnest, but got nowhere with the VA.

For my the DMII denial, the VA cited my having served at Nankom Phanom (NKP) Air Base in NE Thailand and having done interdiction missions along the Ho Chi Minh trail across the Mekong in Laos as the primary reason for my being denied. The VA stated that I didn't meet the "boots-on-ground" in-country Vietnam criteria, plus that I couldn't prove (and I can't) that I did interdiction missions into Laos, plus that no proof existed concerning the AO defoliation around NKP Air Base (I watched the spraying around the base's perimenter while I was there). In addition, we heavily AO'd all along the Ho Chi Minh trail. None of it mattered....denied.

As far as I'm concerned, the final insult was the DAV national official virtually agreeing with the VA's reasons for the denial of my DMII claim and stating that the DAV would not allow their resources to be further utilized for what was a waste of time....that my appeal had no chance.

I guess my point for this rambling rant is that at least in my case, that AO DMII is not always service-connected by presumption. The VA can be very adept at finding loopholes for denial. In my case, the VA ignored the fact that they had placed me on their AO Registry - along with ignoring my VSM and RVCR on my DD214. -- Michael

Edited by vietnam_war_vet

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I replied to the knee claim in another post you made but I just saw this:

"My knees never healed properly and the doctor says my bones are rotting"

Did the VA perform this surgery? If so Do you have any medical proof that somehow VA caused them not to heal properly? What does the doctor say your bones are rotting from?

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