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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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tylerb333

what the heck

Question

Denial...really?

The veteran's use of opiates, cannabis, and alcohol began prior to service, thus current/recent use/abuse is not caused by an in-service related event. Given
the veteran's consistent diagnosis and treatment of PTSD, and the frequency of relapse of substance use, it is as least as likely as not that his substance use
(to include opioid use disorder) is aggravated beyond its natural progression by his PTSD symptoms.

 

Per 3/15/2017 initial PTSD exam the veteran was diagnosed with PTSD, alcohol use disorder, cannabis use disorder, and opioid use disorder, all of
which were in early remission. The 3/15/2017 medical opinion, the examiner opined that the veteran's opioid use disorder, and substance use in general,
was made worse by his MST. The 6/20/2017 review PTSD examination indicates that symptoms present at that time were due to PTSD and not
substance use as he had been abstinent from drug use with the exception of his opioid maintenance therapy. The veteran is service connected for the
combination of PTSD and substance use disorders however per 11/20/2017 medical opinion regarding unemployability, the examiner noted that the
veteran was service-connected only for PTSD and not substance use which is incorrect. Per rating decisions 3/27/2017 and 10/11/2017, the veteran was
service connected for "PTSD with secondary alcohol use disorder, cannabis use disorder, and opioid use disorder." They are separate disorders, and not
all symptoms are present all of the time. The examiner commented specifically on the veteran's PTSD symptoms and separated the veteran's substance
abuse disorder symptoms. The veteran's substance use predated his military service, thus it was not caused by his reported assault. It was, however,
likely aggravated by the residuals of his assault as described in treatment notes which indicate that with worsening PTSD symptoms, the veteran has
reported relapsing on substances, particularly heroin.

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So where did the examiner get the info that the substance abuse predated the military service?

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Strange, i could have sworn M.E.P.S. generally denies entry to anyone admitting any kind of drug usage, hell, maybe there were waivers involved but i find that hard to believe... more info would be appreciated if an opinion is being asked for

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Tylerb, please reply in one thread or the other and let the other thread go away.  It gets confusing when you are using two different threads for the same denial.

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It's time to go back to work landscaping with your Childhood friends. The 2018 IU Claim, if not already, will be Denied the near future.

Was your MSA reported and investigate while you were on Active Duty? Did a VA Forensic Psychiatrist do your PTSD/MST Exam?

Your recent 06/2018, self-reported suicide attempt, discussed your continued use of Drugs. You're currently doing (5) years Felony Probation, has your Probation Officer been made aware of your continued Drug use?

Your failure to redact your 2018 DBQ (posted on the other thread) of all your ID info could become a significant problem.

Ther is one Bright side to your situation, not many Convicted Felons are release from prison and almost immediately start collecting VA 80% Comp/Medical care. I know to want that IU Comp $$, just keep in mind, the PTSD Award is subject to reduction for (5) years after the Award Date, based strictly on a single DBQ or MH Clinicians recent Treatment Note or a Quality Review of your Initial Award.

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tylerb333

Just based of this 

Denial...really?....> why do you think otherwise?

The veteran's use of opiates, cannabis, and alcohol began prior to service, thus current/recent use/abuse is not caused by an in-service related event.  = (Not good or favorable to your claim)


 Given the veteran's consistent diagnosis and treatment of PTSD, and the frequency of relapse of substance use, it is as least as likely as not that his substance use (to include opioid use disorder) is aggravated beyond its natural progression by his PTSD symptom  =(Again not good or favorable to your claim)

This is just ripe to be denied.

Unless you have other conditions that can be service related (happen to you while in the military) then your just out of luck. I certainly hope you don't have other bad life threatening conditions? if you do and they happen to you while in the Military  yes file your claims.

  just always remember Favorable  Medical evidence is what you need to win these claims.along with your service treatment records and most all your other military records. military or private.

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