ptsd Rating Received Yesterday

[Michelle]

Well;

I wanted to talk to you all yesterday but I had to Cry a while, take anxiety med and just try to get myself together first. Recap: Berta, SixthSense and other's already know but anyway. I was already 70% Combined SC for PTSD and Chronic Polyneuropathy (in all extremities). I've been SC since 1999, first at 40%, then 70% and once I stopped working Oct/05 I reopened my claim and asked for an increased to IU and T&P. Submitted all the evidence; New EMG/NCS that Neuropathy had gotten worse, private medical documentation, etc. Well after 15 Months they told me I received a increase on the PTSD from 30% to now 50% and they left the Neuropathy at 60% which equals 110% (A new Combined Rating of 80%). However they denied my IU and didn't address the P&T but I guess since they denied my IU that was denying my P&T.

They stated that the MD at my C&P stated they didn't see why I couldn't perform some type of Sedentary Work. I also have Carpal Tunnel Syndrome in my hands but this is all a part of the Polyneuropathy. I saw my civilian doctor yesterday and basically she is now preparing a letter for me to pick up this coming week that states: She has been treating me for the past six years, every month I have an appointment and that in her professional opinion I am permanently and totally disabled and can no longer perform any type of substantial gainful employment. Primarily because I pose a danger of hurting others and myself with little provocation and due to the Chronic Polyneuropathy in all of my limbs I am restricted and can't sit, type, stand, walk, run, climb, bend, or use my hands and arms for over 10-15 minutes at a time. After that period I have to lie down and prop my feet up in order for the swelling, numbness and pain to subside (along with taking strong pain medications).

She is also stating that I take a lot of strong medication throughout the day and evenings for my various SC Disabilities which have strong side affects including drowsiness, off balance, and can't operate a Motor Vehicle while on this medication.

I'm going to personally hand carry this along with a letter from the American Legion who is now my VSO. But I'm a little skeptical about involving them. What do you all think?

[Guest jangrin]

Michelle.

I'm sorry things didn't go better on your claim. However, KEEP FIGHTING, one of the first things I was ever told here on the forum at Hadit was no matter what happens keep fighting and never give up. The discription you give of yourself and your abilities/inabilities leaves a picture of a very disabled person.

The fact that your doctor for a long time is willing to write in a report your "FUNCTIONAL INCAPABILITIES" is the key to your getting TDIU P&T. Ones inability to function either from a medical and/or mental condition is reason for awarding disability.

Have you applied for and are you currently on SSDI? If not once your doctor writes this report file for SSD. Like Berta has been saying many times here recently, "it is medical Evidence that will win the case". It sounds like you are in the process of getting very strong medical evidence. It has to be more than someone saying you can't work. It has to say WHY you are unable to work. I think your new doctor report/letter will be key especially if she will link the fact that she treats your condition and she has evaluated your unemployability and these are her findings.

Go get 'em, don't give up. Remember there are a lot of people here that will support you in you quest. It was nice to read in your post that you ..... PICKED YOURSELF UP, BRUSHED YOURSELF OFF, AND STARTED TO WAR AGAIN!!!!

jangrin

[Berta]

The AL should be grateful---in my opinion- and be very willing to support this evidence.

Your doc did a great job- and I dont see how they could not award you properly for TDU with P & T-

When an independent doctor has a VA opinion to go over-it can help significantly as they have a document that they can find holes in-

I just love my 3rd IMO- Dr. Bash said right away that the VA "expert" opinion was "medically inaccurate" and he told them exactly why.

I just remembered something too-

about my so called DRO review- not only did my vet rep say he presented my IMOs to the DRO-he said he presented another very probative statement I made with a recent medical reference that I had forgot about- until this post here-none of this was true based on every attempt I made to get documentation on it.

He said he went in there and thought he was getting the claim awarded and came out with another "story"and that is when everything started to disappear-

I have some advise- make sure that you yourself send the opinion to the VARO- even if the vet rep does too with a 21-4138 cover letter-so what if they get 2 copies-

my POA never sent in or supported any of my evidence at all- although they claim they did-

a 21-4138 in your c file from a vet rep shows that they support your claim and they can attach it to evidence.

First one I ever got was sent over 3 years after filing my main claim and the result of 2 complaints to my POAs main office.

Not saying this vet rep would in any way fail to send in this important evidence-

but it is always best to send evidence in your self too-

The 21-4138 form Statement in Support of Claim that SOs and reps send is at the VA web site and can be printed off,filled out and sent by the claimant too.

[Vike17]

Michelle,

Berta made a valid point in that it would be very helpful if you got a copy of the C&P exam and presented it to your private doctor for review. Make sure when your doctor writes the IMO, she states that she has reviewed your entire medical records, including your SMR's. This adds tremendous credibility and weight to the IMO. Also make sure your doctor gives her rational for her reasons why she thinks you're unable to work. After you obtain this IMO, your best and quickest way to get a favorable decision would be to submit the IMO as "new" evidence and ask for a reconsideration of the prior denial.

Vike 17

[Berta]

" After you obtain this IMO, your best and quickest way to get a favorable decision would be to submit the IMO as "new" evidence and ask for a reconsideration of the prior denial. "

Vike is absolutely right-

I recommend asked for Reconsiderations only in very limited situations-

a Reconsideration Request does not stop the clock on a NOD.

I sent in a Recon request for a denial on my CUE claim some months ago- I supported it with established VA case law and regs , M21-1 printoff in support of the CUE, and a great OGC opinion that supports the CUE too.

It seemed to go right to a claim examiner and they said they started working on it again-

however- I have a few months left and if the decision does not come- I will have to file the NOD-

I asked my POA to support this but he didnt seem to understand CUE so best that he didnt send them a 21-4138 because I would have had to tell him what to say----

Watch the NOD time frame- but I believe Vike gave you great advise.

I dont know why I didnt ask for a Reconsideration on my AO claim-

I kept thinking they would consider my medical evidence-

yet something is finally happening now at the RO.

I saw a claim at the BVA that the VARO denied. They said the veteran had filed for reconsideration but had not sent in a NOD on time and they denied again.

A vet rep- I think from the AL had sent the RO a statement on a 21-4138 that-if the Reconsideration failed to attain the benefits sought, please consider this 4138 as a formal NOD on the decision.

Whew-smart rep! The BVA upheld his point and remanded stating that the veteran had filed the NOD on time-I think the RO violated the VCAA too-

I know personally of a rep who told 2 vets he would send in their I-9 and he never did-

Some of these reps are really on the ball-maybe many are- we just dont know when we get one-what we are getting-

Your rep should certainly support what Vike suggested.

[Michelle]

Thanks Everyone for your suggestions and support. After yesterday, I start thinking that I needed to go sign myself in for a Mental Break because I felt like I was about to loose it. Let me ask you all a question. I still probably will go sign myself in at this civilian place here in town (Mental) because I have private insurance and really don't want to go to the VA Hospital. I did a few years ago for a week, but they treat everyone like sh_ _. Mentally, I can't handle that. I felt like going up to the VA RO yesterday but I would have ended up in Prison.

I know that I'm like everyone of you in that I'm so mentally exhausted and frustrated that I can't stand it. My husband is supportive and he tells me "just don't worry about it" "We are fine financially" Well, that's not the point. I want the Military/VA to compensate me for all of the damage that was caused by me serving my country. I didn't grip or complain when they sent me to the Gulf War and now they shouldn't grip and complain about awarding disabled veterans their just compensation.

I know they are tired of me I'm tired of them to. But, I've told them I'm not giving up unless I die first. Between dealing with my disabilities, the VA, SSD, my family, husband, I don't think I can handle much more. As far as SSD I have a firm working on that and I feel that it will come out favorable especially after I submit the Letter from my doctor.

I just continue to ask God to bless all of the veterans and to keep us in perfect peace no matter what happens. Really, I couldn't do it without all of you and I really mean that (starting to cry)....Thanks so much for being there....

I'll talk to you all very soon and let u know if and when I go check myself in.

\

Michelle

[Vike17]

Michelle,

If you decide to check yourself into a hospital because of your mental disability, beware of the temporary 100% evaluation. This is known as either the paragraph 29 claim or the paragraph 30 claim. They stem from §4.29 and §4.30. In your case the paragrph 29 claim is the one if you stay admitted for a continous 21 days or more.

If your are admitted for a period of 21 continous days or more, then after your discharge write a VA short letter saying you are claiming the 100% evaluation under §4.29 for the duration you were hospiatlized. Attach the hopsital discharge and any other treatment records form your hospital stay and you should be good to go. These claims generally go pretty quick because they do not need to go through any development and the Rating Activity.

Vike 17