ptsd Asking For A Higher Rating

[JohnM]

As you may have read emmak is my sister-in-law and I am trying to help with her husband and son, at this time I am helping her with her son. I have a few questions to ask of all of you

He has a rating for uticaria of 10%, has had the problem since 1982 while in the service, it is chronic and he has been suffering with it ever since. How does on go about asking for a higher rate? He did ask for a higher rate I am not sure what year and I am not sure if they even answered him. I had trouble reading the request myself so I don't know if they responded to it, and I think he did it on his own with out any VA Rep.

With the medical papers that he recieved from his military, I went day to day and typed it all out for him to hand in, ( He has not recieved all of his Medical records ).

Because of chronic uticaria he has many scar's. I feel he should ask for compensation for this would this be secondary to unticaria?

Because of all the medicine that he has been on since military and VA since discharge he has now diterrating bones. Would this be secondary to his medical problems?

He has also developed fibroymalgia, migraines, irritable bowel syndrome. Would this all be secondary to medication? Or can he file seperate for this?

Shortly after discharge in 1985 he went to the VA hospital and found out he had hepatitis B in 2001 they said he has hepatitis C. Would this be secondary to medication? does he file seperatley for each?

I also having him apply for Compensation for inadequate medical care, TDIU, Due to lack of duty to assist,PTSD, and all secondary problems due to medications.

This guy has Not had a normal live since he was 18, and he is fallen deeper and deeper, In reading over his medical records from military what I could understand is that they just seemed to ignor everything at one point they had written down that he had emotional problems, to include anxiety, stress, and depression, and being an alcholic. He had to conitnually face his problems alone because his S.O. did not report it and sent him back on the same ship, He was called names because of his uticaria.

I could go on but at this time I think I wrote enough, Just wondering how we will go about filing all of this .

Thanks in advance for any help or suggestions

I believe because of this they should compensate him from the time they had this written down,

[Berta]

"He was put on IV's while in service Medical hospital"

Maybe that is how he contracted the Hepatitus!

John -I meant they would attempt deny a vet who used IV drugs illegally-like heroin or whatever they shoot with needles into their arms---but please read that BVA case I posted on this-

Vike said:

"Do you mean a 1151 claim? What do you mean a lack of duty to assist? If he hasn't submitted a claim of some sort, I don't know what you mean by this?"

I am with Vike- I dont see 1151 basis and one cannot expect much from the VA under Duty to Assist regulations-

This vet needs to file his claim, and get all VA med recs, any private med records, and his SMRs himself and anything at all to support the inservice sexual trauma, as well as any potential way he could have contracted Hep in service because it certainly appears that he did-

Although he apparently might have had a blood transfusion- in service-he would have to find out if anyone else got hepatitus from this hosp. too is there anything else at all-like

did he ever share his shaving stuff with any other service person?

The 1985 med recs are critical- as he went to the VA shortly after service and they said he had Hep B-and those records might well reveal why they felt he got it.

There is something I dont understand here-

Hepatitus B is a viral condition,

one of my husband's had B - he is a nurse and this was from the days when they were not wearing surgical gloves nor paying much mind if a nurse got stuck with a needle but it was a viral infection.

Hepatitus C is different -this comes from blood transfusions-

also it can take ten years to show up-

alcohol usage can significantly cause its affects to be serious-

The cause of the Hep C diagnosis in 2001 might be unrelated to the Hep B-

This claim might help as it shows how they can deny Hep C:

http://www.va.gov/vetapp06/files4/0629128.txt

I have a vet with a similiar problem as in this claim and he is getting an IMO-

This claim however was successful: Hepatitis C service connected-

http://www.va.gov/vetapp06/files3/0610323.txt

Actually this claim might help others out there-

this vet was known to have taken illegal drugs in service:

However-

"The veteran has asserted on numerous occasions that he has

never received a blood transfusion or used intravenous drugs.

The service medical records provide strong evidence that the

veteran did abuse intravenous drugs. If hepatitis C were due

to such abuse, service connection would be precluded.

38 U.S.C.A. § 1110.

The veteran also, however, had inservice risk factors for

hepatitis C. The veteran's service personnel records verify

these shrapnel wounds, that he received numerous awards,

including the Combat Action Ribbon and the Purple Heart with

two stars, and that he helped those wounded in combat. The

verification of exposure to blood and bodily fluids in

service, coupled with the November and December 2003 medical

opinions, are sufficient to place the evidence in equipoise.

It is at least as likely as not that the veteran's current

hepatitis C was incurred in service. "

BVA did the right thing-they applied Relative Equipoise-

In spite of the vet's illegal drug useage -that factor was weighed heavily with his proven exposure to blood and bodily fluids in combat- which certainly could have been the cause of his condition.

A lot of work here that the vet has to do----he should file the claim and then start right away to get what he needs.

Edited December 20, 2006 by Berta

[JohnM]

Thanks Berta,

I am not up on all these street drugs sorry I miss understood, I am not sure how he got hepatitus, I just came across it when trying to sort through all the records. I think he needs to file for it. I do know that he has a tatoo. and like I said lots of problems from day one and then the drinking started. In reading his SMR's what I could read because of the writting, they would give him medicine upon medicine and kind of taged him and after the assualt it got worse. My thought in this and its just my thought but at one point I think they should have released him from duty on medical basis. but they kept on sending him back to the same ship where the assualt took place and the SO did nothing, He didn't even write it down. The SO could see he was having a problem on drinking because he ordered him to take a physical for anabuse. Anyways we will have to do more checking on this hepatitus issue.

[huskerfanfl]

JohnM,

It sounds like you are trying to say that thge people while he was in service did not help him. If that is the case, then that would not be a failure to assist on the VA's part.

[JohnM]

yes that is what I am saying but also failed to assist him after service, and still is.

He goes to the VA hopital and has numerous records. Its really complicated and difficult to write everything down at this time but one of the shrinks he sees said it is inadaquate medical care and said he has PTSD and the other I am not sure what they say. But it is definite that no one from the VA has help him. and I really am not sure about the duty to assist or which way we should approach his case. Myself I still am gathering info from his medical records. and with his state of mind someone should have helped him in service and out.

[huskerfanfl]

Is it a VA psychiatrist who has stated that he has PTSD? Has your nephew filed a claim for disability?

[JohnM]

Not as of yet its in the works