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Success and Regret

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marinevet61

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Had a c&p exam March 8 2016. March 29th claim was closed. Received the BBE and was Happy about decision until I read VA finds you incompetent

To manage your VA benefits. Such a big letdown. They based their findings on the c&p docs opinion. Examiner stated I have dementia, I do not have

Dementia I have Expressive Aphasia which is the inability to speak a complete sentence so it can be understood. I know what is being said I just can't

Reply in a sentence that can be understood due to my Aphasia. My wife and my family can understand what I am trying to say with no problem. I was

Awarded 100% for PTSD and p&t with no future exams. I was denied the first time I filed for ptsd. So I took it on with a vengeance. I had to research and

Get the proof that the incident did occur and in the exact month and year. Believe me this took many hours to gather and complete. VA claimed there was not enough

Evidence that the incident happened to turn it over to the Army to investigate. But when I sent in a certain article written by an officer in the Army, it was no time

Before ebenefits showed preparing for decision. I need any comments or suggestions as to what I should do next. File NOD or take what VA dished out.

Thanks to all of you on this forum you made my journey easier to get to the information I needed for success.

Marinevet61

 

 

 

 

 

 

 

 

 

 

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Do you really think that I can convince the VA that I am competent when they ask me a question and I

Cannot answer in a complete sentence? Your confidence is very reassuring and also helps me find the

Strength to take on the va again.

 

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Hey Devil Dog, your making complete sense on a message board!  Any chance you can use technology that way to get your point across to the VA rep?  I don't know, I'm not the brightest bulb in the house but seems to me you could use a IPad or the likes to either type out responses or even have some pre-text sentences for quick responses to common questions? Then if they ask you a question just pull up the answer you want?  I would think if you have the aptitude to put your thoughts on a screen then clearly your brain housing group is 10-4?

just a thought.....

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You don't have too much time to ask for a hearing on the incompetency proposal.

I think it is 30 days from the date of the award letter....someone here will know...

(seems to me the examiner was incompetent...not the veteran.....)

Dementia is a whole different ball game than  Aphasia. I know because my dead husband had dementia from a 1151 stroke.

"Awarded 100% for PTSD and p&t with no future exams." FABULOUS!

" I was denied the first time I filed for ptsd."    You sure might have a basis for CUE in that older decision ( and potentially more retro $)

" So I took it on with a vengeance. I had to research and ....." YES you did what it takes!

I think you should get a good VSO hopefully near or in the same building the RO is in, and fight this with a hearing request (ASAP)

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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This is a fairly recent award from the BVA for a veteran whose aphasia was attributed to his PTSD:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files6/1447818.txt

There are over 400 cases there and it will take me time to try to find more info but......

Some  of those cases were 1151s and attributed aphasia to cerebrovascular accident, or cognitive organic brain disease...

What did the VA attribute your aphasia too?

Do you have a complete copy of your VA medical records?

I need to go over your past posts here....

Have you ever had a stroke, or transcient ischemic attacks?

The VA missed a proper diagnosis for about 6 TIAs my husband (USMC)  had (I took him to the ER many times) and then a full blown stroke.Which they initially diagnosed as a brain tumor)

but they didn't know my Army husband had suffered from a brain tumor and I knew the tumor was the wrong diagnosis. I made the MRI doctors at a different VAMC read the MRI to me by phone, as the doctor had just told my husband ( 100% PTSD) he was being sent to Syracuse VAMC for brain surgery. I immediately told the docs this was NOT a surgical problem at all...and within hours after he arrived at Syracuse they agreed with me.

Again, like in the past 6-7 years, an initial diagnosis was what we believed, first for his malpractice heart disease and now for Labyrhinitus, which that day became a stroke, after he had laid there at the VAMC for 3 weeks with NO proper stroke treatment.

You need to go over your medical records carefully, unless in fact you had been diagnosed in the past with TIAs and/or stroke...which could be the cause of the aphasia which I assume is NSC. What rating did they give the aphasia?

Do you get SSDI? If so is it for PTSD and/or the aphasia?

If so has the SSA deemed you as incompetent?

I have lots of questions here......because aphasia does not come out of the blue and it shocked me to see 1151 cases at the BVA so similar to mine...which never got there.My case was a re open of my husband's 1151. In 1998 they gave his stroke the wrong diagnostic codes and considered it as NSC. The award however said it was part of the wrongful death FTCA case and caused by the VA.

In 2012 they finally awarded my CUE claim on that.

I live at a high altitude and again am in a cloud...it affects my internet access greatly this time of the year....

I hope I can offer more help today....and need to see what VA attributes the aphasia too.

I assume you got some retro so that might be a good idea to hold unto some of it if you need to pay for an IMO/IME from a real doctor to properly assess your aphasia and it's cause ( or to SC it to the PTSD as secondary)

 

 

 

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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OK. I forget a lot  of info in past posts here and much of my reply above does not matter...

Sorry about that!

Posted 28 Mar 2015 (edited) · Report post

"Georgiapapa

My oncologist did not refer to any medical studies or toxicology reports. He commented on the surgery

And stated "He has no other known risk factors for glioblastoma". Correction of oncologist statement

At least as likely as not. " it is in my opinion, more likely than not,his brain tumor is related

To contaminated water exposure"

He also referred to the aphasia that I now have due to the tumor."

Did the IMO doctor state you are competent?

Did the VA state the PTSD made you incompetent  or just the aphasia?

I assume that claim was denied???? or still pending?

Did the IMO follow the IM0 criteria here under "Read First if getting an IMO?

Did the recent decision cover any potential that the aphasia was "aggravated "by the SC PTSD?

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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