ptsd Vike17, Berta, I Got The Decision Letter From The Va

[RockyA1911]

I just received the letter from the VA in a white envelope.

Here is what they said pertaining to the skull loss, PTSD, and Unemployabiltiy claim.

Skull Loss

"The issues of service connection of skull loss and an earlier effective date for service connection of skull loss are deferred pending results of VA review examination."

Unemployability

"The issue of whether or not the veteran is entitled to Individual employability is deferred pending receipt of additional information."

PTSD

"As mentioned above, service connection of residuals of post concussion syndrome with brain trauma, left temporal contusion was previously established November 28, 1976, by Rating Decision dated April 25, 1977(rated at 10%). The evaluation of the same disability under various diagnosis is to be avoided. Disability injuries may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation; therefore, your two mental disabilities, residuals of post concussion syndrome with brain trauma/left temporal lobe contusion with post-traumatic stress disorder have been combined and are now shown as post concussion syndrome, brain trauma/left temporal lobe contusion with post-traumatic stress disorder and a 50 percent evaluation is assigned effective April 19, 2005."

I didn't think they could combine the PTSD into this because the stressor of PTSD was Vietnam service and they stated "Your DD-214 for the period of April 15, 1969 through November 27 1973, documents receipt of Combat Action Ribbon, therefore an in-service stressor is conceded."

The head injury happened in 1972 stateside while on duty and the post concussion residuals left temporal lobe contusion with brain trauma is the result of a physical injury and yes they mentioned the cognitive disorder and Memory loss in the increase due to that.

Can they do that? I have seen BVA decision making the VA separate the PTSD from head injury residuals.

So the total results are so far 60% combined:

50% - Post concussion syndrome/brain trauma, left temporal lobe contusion and post-traumatic stress disorder.

10% - Scar secondary to service- connected post concussion syndrome/brain trauma. left temporal lobe contusion (and post traumatic stress disorder).

10% - Recurrent Tinnitus

Skull loss - Deferred pending results of VA review examination.

Individual Empoyability - Deferred pending receipt of additional information.

Service connection of headaches - deferred pending results of VA review examination.

Chloracne - Denied

Barrett's Esophagus - Denied

So it looks like I they still owe me a decision for the Skull Loss and EED, and IU, and the headaches.

[RockyA1911]

Vike17,

The thing that bothers me about the 14 yr old boys emergency medical treatment record in May of 05 in Peoria, IL and not even being me or my medical evidence is I don't want the VA using that because this kids injury was definitely not a military or service connected injury and was due to what I would call willful misconduct. The VA stated they used my IMO Psychiatrist diagnosis and this kids emergency medical treatment records as evidence for the PTSD. And I do believe it is prohibited and fraudulent to submit another persons medical records in support of another veterans disability claim for compensation. Isn't it.

Do you feel it would hold up the deferred skull rating by calling the Tiger Team at their given extension and tell them they need to remove that and that is not my evidence or record? I don't want to be charged with fraud.

Make sense!

Since I can send them additional supporting information such as BVA rulings that were not in their possession specifically a preponderence of BVA decisions and orders that state it is undebatable and clear and unmistakeable error that the RO did not service connect skull loss and skull loss requires a separate evaluation. Wouldn't this only strengthen my case? And possibly avoid another 2 years by having to file a NOD? If I provide separate additional statements in support of claim form and attaching the BVA decisions. Would that not at least help in the case of a BVA appeal, since they would have to show the long list of BVA decisions that would be listed as evidence of record.

Same with the separation of PTSD and Post Concussion Syndrome. (BVA's)

Same with the separation of PTSD and Encephalopathy (BVA's)

Same with the separation of Post Concusion Syndrome and Encephalopathy (BVA's)

Same with the separate service connection and evaluation for skull loss, separate from skull loss and cranioplasty (BVA's)

I looked at the copy of the Checklist for Compensation Development from the C-File and I did not claim headaches at all, headaches were never discussed in any of my recent VA C&Ps or consults, treatment records, etc. So I think this has something to do with the 14 yr old boy thing for certain and I certainly don't want a C&P exam for headaches that I did not claim and no reports have mentioned.

Can't I just call the number and tell them this and tell them to withdraw their claim for headaches? Would this also not be fraud to let this continue without notifying them?

Since the Skull loss is still pending, wouldn't it be more expedient just to send them some more additional information in support of the claims above?

Or are you saying to just let the whole thing ride, and if I get a decision within a few months on the skull loss and unemployability, I can still submit the additional information without having to file a NOD or Reconsideration?

I just always felt it was best to lay all the cards on the table. Am I wrong here and if I sent more or wanted that kids name off my records it would hurt me and delay my claim?

[john999]

Rocky

It looks to me that you have enough for IU now with your 60% rating. It is just a matter of time and persistence to get it. Don't get too upset since you have enough to get it even though the VA is going slow. Your rating can only go up from here so if you are unemployed you should get the IU. Are you getting SSDI? If you have a combined rating of 60% with one disability at least 40% you have enough for IU. Maybe the VA wants information about your work history. I think you have it in the bag. Just respond to what the VA asks for and don't bring up issues they don't ask about. Respond to exactly what is in the decision and nothing else. All that really matters is getting the rating and getting IU or 100%. The VA made a mess out of my diagnostic ratings but gave me 70% and IU,eventually, so that's it. IU and then P&T are what lets you sleep at night. I know it is frustrating but you will get your IU just don't give the VA anything else to think about besides their concerns.

[carlie]

Rocky,

"Since I can send them additional supporting information such as BVA rulings that were not in their possession specifically a preponderence of BVA decisions and orders that state it is undebatable and clear and unmistakeable error that the RO did not service connect skull loss and skull loss requires a separate evaluation."

You can't call CUE on a decision that isn't final -- so you will need to approach this in a different way.

JMHO,

carlie

[Vike17]

Rocky,

Let me back track and try to explain this a little better.

Let me take this step by step from your last post. First you asked;

Since I can send them additional supporting information such as BVA rulings that were not in their possession specifically a preponderence of BVA decisions and orders that state it is undebatable and clear and unmistakeable error that the RO did not service connect skull loss and skull loss requires a separate evaluation

You cannot ask them to reconsider the decision with "additional supporting information such as BVA rulings that were not in their possession," because the VA has yet to make a decision on the skull loss. Sure, you can send them any new "evidence" that you may think will help your claim out, but I don't think sending the Tiger Team any BVA cases would do a thing. Remember, BVA cases do not set precedence only Court ruling do this. BVA cases are decisions based on that individual claim. Sure, the BVA may have awarded a benefit based on some law the RO missed, but you would probably be egually served by just sending them a short, simple letter citing the relavent regulation that you think pertains to your claim. Don't bury them in anymore unnecassary paperwork that could make them miss relavent evidence. They haven't made a CUE, there hasn't been a decision yet! I would just sit tight like I sad before and see what they decide as far as the skull loss and IU. You might be surprised and the Tiger Team may award IU and then all of this actually becomes a moot point.

A prepondeance of evidence is not needed to be awarded a claim. Evidence only need to be in "equipose", which means 50/50 for the veteran. A preponderance of evidence is 51% or more of evidence which is for or against the veteran. The VA needs a prepondeance of evidence to deny a claim, not to award one. You can continue to submit evidence so the evidence is in preponderance for your claim, but it is not needed.

You further state;

Same with the separation of PTSD and Post Concussion Syndrome. (BVA's)...Same with the separation of PTSD and Encephalopathy (BVA's)...Same with the separation of Post Concusion Syndrome and Encephalopathy (BVA's)...Same with the separate service connection and evaluation for skull loss, separate from skull loss and cranioplasty (BVA's)

Like I said before you would probably be better served if you waited until the deferred claims are dedcided i.e. the skull loss and IU. If the Tiger Team awards IU, the whole thing becomes moot. Unless of course your PTSD would warrant 100% and all of your other disabilities combined to reach the 60% mark, which would qualify you for SMC. Just keep an eye on the one year mark from this recent decision just in case the deferred claims aren't decided by then (which would be highly unusual).

The thing that bothers me about the 14 yr old boys emergency medical treatment record in May of 05 in Peoria, IL and not even being me or my medical evidence is I don't want the VA using that because this kids injury was definitely not a military or service connected injury and was due to what I would call willful misconduct. The VA stated they used my IMO Psychiatrist diagnosis and this kids emergency medical treatment records as evidence for the PTSD. And I do believe it is prohibited and fraudulent to submit another persons medical records in support of another veterans disability claim for compensation. Isn't it

From what you are saying is the VA used these medical records from the young boy to help substantitate your PTSD claim???? From the way I understood your last post, they were taken into account for the headaches. At any rate, you don't have anything to worry about, it isn't fraud on your part or VA's, just a simple error. You did not submit those records to VA, no fault on your part. However, you do want to do the right thing so I would write them a short simple letter explaining someone elses records were errously considered in your claim and that you respectfully request those records to be removed from your C-file and that you also would like to withdraw the inferred claim of headaches. By withdrawing that claim, it should help speed up the deferred issues. You want to do everything in writing with the VA, not over the telephone. In no way would you be charged with fraud because of this.

I looked at the copy of the Checklist for Compensation Development from the C-File and I did not claim headaches at all, headaches were never discussed in any of my recent VA C&Ps or consults, treatment records, etc. So I think this has something to do with the 14 yr old boy thing for certain and I certainly don't want a C&P exam for headaches that I did not claim and no reports have mentioned

As I stated above just write them a short letter stating you want to withdraw the inferred issue of headaches. This would probably speed the whole process up because it's one less issue they have to work.

Can't I just call the number and tell them this and tell them to withdraw their claim for headaches? Would this also not be fraud to let this continue without notifying them

Like I said, you want to do everything with VA in writing. You should know by now that calling isn't very reliable. You want proof of your actions. Don't count on the VA to make a report of Contact every time you call. Sometimes those get missed and never happen; especially with the public contact team or a VSR that doesn't actually have your C-file in front of them!

Since the Skull loss is still pending, wouldn't it be more expedient just to send them some more additional information in support of the claims above

That all depends. Most of the time when a claimant sends in new "evidence," the claim is pulled to evaluate that evidence and to see if anything else needs to be developed in reference to them. Sometimes it can't be helped and a claimant needs to send in stuff for their claim, but alot of times claimant will send in stuf that they 'think' is evidence and it ultimately slows the process down.

Or are you saying to just let the whole thing ride, and if I get a decision within a few months on the skull loss and unemployability, I can still submit the additional information without having to file a NOD or Reconsideration

Essentially, yes, that's what I'm implying. Like I said before, if VA awards IU, then it all pretty much becomes moot, except for the senario I stated above. Let's say in three months the Tiger Team comes back with a rating decision awarding service-connection for skull loss at 50% seperately from the post concussion syndrom, then the other potential rating may not even have an affect on the overall percentage. I don't want o go into every possible senario, but it may be the case. And if you really wanted to persue the seperate ratings for PTSD ect..., you still have nine months to do so, either by submitting "new" evidence and having them reconsider their previuos decision, or submitting an NOD. Do you understand what I mean?

I just always felt it was best to lay all the cards on the table. Am I wrong here and if I sent more or wanted that kids name off my records it would hurt me and delay my claim?

You pretty much have put you whole hand on the table. To be honest with you, I'm not sure whether any more "evidence" that you want to send in would do any good. It's a good bet that at this point in time they would either be redundant or have absolutely no affect on the outcome of the claim. You can only tell the VA or show a certain amount of skull loss so many times. The skull loss isn't getting any smaller and it sure isn't getting any larger, correct?

You are probably tired of me saying that it will work out in the end and you'll get your deserved benefits, and VA isn't out to get you. Well, it's true believe it or not. The mere fact the your claim is at the TIger Team should say something.

Vike 17

Edited January 17, 2007 by Vike17

[Michelle]

Vike17 Hello;

I hate to interrupt but when your done can you go to this same forum and read what I posted today (Michelle). Subject: Just Talked to 1800#. I would appreciate any input that you may have (or anyone for that matter)..

Thanks.

Michelle

[carlie]

Rocky,

So, did you claim headaches or not ???

carlie

RockyA1911 Posted Today, 05:47 AM

"They actually say pending VA examination for the deferred headaches that I never claimed. What's up with that.....?the headaches must be that 14 yr old kids that was treated for shortness of breath and frontal hematoma that was mistakenly in my file."

________________________________________________________________________________

_________________________

RockyA1911 Yesterday, 05:25 PM

"Service connection of headaches - deferred pending results of VA review examination.

Chloracne - Denied

Barrett's Esophagus - Denied

So it looks like I they still owe me a decision for the Skull Loss and EED, and IU, and the headaches"

Edited January 17, 2007 by carlie