Filing a Pain claim? any success?

[Buck52]

Has anyone filed a claim due to pain? this is new but its open out there to file a claim for pain.

Has anyone been successful?

if so how & what did you use as evidence other than your lay statements!.pain meds  ect,,ect,,?

was you in the va  pain clinic & did a Dr help with your pain claim?

[vetquest]

2 hours ago, Gastone said:

Might be wise to wait on the Pain Filings until you are completely aware of the Risk Vs Reward of filing the "New Claim." Would an additional 0,10 or 20% actually move the Comp up? The only thing you're certain of at this point, Filing any New Claim will open all of your other SC Conditions for Review.

With that said, your VMC and or Private Clinician Treatment Notes need to show a history of continuity of Pain complaints and associated treatment. Every time you see a VMC Intake Nurse, your current Pain level is questioned, are you squared away in that regard?

I think I will wait.  I am at 100% but just barely.  I have service connected neuropathy in my arms and legs.  The pain originates from there and is documented.  

I know that it will open up all of my other conditions but they are all ten years except for my PTSD but my last C&P was pretty strong.  I am also looking at getting my PTSD backdated.  I have some serious thinking to do.

[Buck52]

vetquest

If you need to increase your PTSD or any other claims  I would recommend you file the ITF (Intent to file)  asap & get that EED started, you would have 11 months and 29 days to file it or prepare for it from the date you file the ITF.

 doing this would not open up your other claims other than the PTSD, They would look at your PTSD Claim and check your new evidence for the Increase And if it warrants an increase you could possible be rated 100% for the PTSD Alone  if warranted  and this would open up the possibilities of the SMC with your other S.C. Disabilities.

I had most of my s.c disabilities combined to 90% and was awarded the TDIU P%T at the combined 90% level & disability is of static in nature and not expected to improve in veterans life time  no future exams scheduled.  they used the CFR 4.16 Extra scheduler.

 I had these sc disabilities over ten years and filed a new claim for PTSD  and was awarded 70%  with this new rating it qualified me for the SMC S H.B   & They never open up any of my other sc claims  if they did  it was just to see what I was rated for  to add the SMC.

I submitted the PTSD Claim ITF while I gathered up my evidence & submitted the ITF PTSD  Claim after 11 months and 15 days , it took them 3 months for the decision. (14 months of retro at 70%)not a big hunk but it certainly helped out.

Getting another disability S.C.or a higher rating  when you have a high rating at 90%to 100% it opens the door for the SMC and other possible secondary claims as well.

for me I also have va dx sleep apnea  due to the PTSD Meds,  I could file a secondary claim to PTSD For the  S.A. but no more $$ in it for me so I choose not to file for that  but VA prescribe me a C-PAP and it helps.

I would not be afraid to file if I was you. b/c they can send us to a C&P at any time if they get reason our s.c. disabilities have shown improvement.  (which is highly unlikely) plus you have the 10 years rule in place like I did.

something to think about.

[vetquest]

Buck,

I am torn on whether to file.  I just got done with the board of appeals and was awarded back pay and a new disability secondary to my original.  My lawyer talked me into quitting and he had nothing to gain at that point.  What I have just discovered is that my PTSD rated at 70% was awarded as of 11/17 meaning my wife would not get DIC if something happens to me.  All other awards were backdated to 2007 but they add up to 95% without the PTSD at 70%.

I was thinking about requesting the PTSD award being backdated to the date of appeal, 2007.  I am just unsure about the regional office here in TN.  They have done everything they could to prevent me getting my disability including threatening to reduce and sever my disabilities.  I guess I just could take it back to BVA again.

Jeff

Edited May 21, 2018 by vetquest

[Buck52]

Well you should do what you think is right or like your VSO mention to wait a while  but waiting your loseing $$ but if you don't feel comfortable filing for increase  right now  maybe best to wait a while, I can understand that  sure  don't want to  look a gift horse in the mouth per''say'' 

[Vync]

I am considering filing some pain claims, but am curious what kind of developments come up.

Back in 1995, I filed for pain in my hands. The C&P exam happened in 1997. The examiner did an x-ray, which came back normal. The doc was unable to identify a disability, but noted that he believed my pain was legitimate. Naturally, the claim was denied and I never reopened it. It stinks because I have required tylenol or motrin every day since I got out.

I am wondering if the claim could be reopened based on the rules requiring a diagnosed disability being nuked.

 

[Buck52]

Vync its hard to say what the VA will do??

...At least you have all this on record , its just getting a Dr to give his opinion on the injury or diseased hand and the reason you have the pain?

I would think if you have the injury to your hand S.C. AT 0% and have pain in it  its just a matter as how they rate the pain?  but it don't necessarily have to be s.c. disability...  as I understand it they rate the pain by the higher #  like from 1-10   > 10 being the highest rate.  but who decides this  the Dr  or the Veteran?

  None if us know anything about it  Even the top Rated VSO's don't know

THE COURT RULING IS NOT IN PLACE YET. so this must be just an proposal on getting  compensation for pain  b/c they clearly state it don't need to be a s.c. disability.   just pain in any part of the body  to include dental, stress, anxiety and physical pain such as injuries  

I can't find any thing on it from the  legislation committee/or congress  

if you or anyone finds out more on this  please post it.

Thanks Buddy

 

Edited May 23, 2018 by Buck52