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Rating Received Yesterday

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Michelle

Question

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?

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Thanks Vike17:

The VA can't hold that against me can they, If I go to a Private Mental Facility with my own insurance rather than going to the VA hospital?

Also my last two C&P exams the doctors and my civilian doctor diagnosed me with Chronic Major Depressive Disorder, and the last C&P with Sleep Impairment; but the rating didn't address it. These are probably all secondary to my PTSD don't you think?

Michelle

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  • HadIt.com Elder

Michelle,

Why would VA hold this against you for seeking treatment of your service-connected disability?? The only thing you will want to check is if the hospital is approved by VA.

In regards to the findings of your last C&P, the depression appears to be a further manifestation of the PTSD (meaning it might be getting wores??). Having said that, depression is a major symptom of PTSD and the shrink had a hard time "pulling" the two apart when he/she was evalutaing the different battery of tests. One thing that sems odd is why would the examiner, knowing this is a C&P exam for an increase for a PTSD, diagnose you with Major Depressive Disorder?? Are you sure this wasn't listed in Axis I after the PTSD or in Axis II?? At any rate, i"m not sure if it would have made much of a difference in the overall evalution, especially if you're already receiving a 70% rating. Maybe the manifestation of depression made the PTSD worse, but not to the standard of the 100% criteria? It's a good possibility.

What do you mean "sleep impairment." Do you mean sleep anea? Did you claim this? or is this just a referring to youbeing unable to sleep due to the PTSD/depression.

Vike 17

P.S. Go to page 16 of this forum and look in the thread "Which route do I take to get to 100%." There I posted the regulations for the paragraph 29 and 30 claims.

Edited by Vike17
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Michelle,

I am for lack of a better word stunned. The VA makes no sense to me some times. Why jump you to 80% and NOT grant TDIU...

Call me if you need.. collect is fine...

It will be OK... Follow Vike's advice it's very sound... but, I know how you feel, just understand you will win. It takes time, but you did win something right? They did in fact increase your rating right.. so its not like you have lost, lets just say that some of your goals have been achieved, but others are still pending.. but will be.

I told you I started at 40% right? Round after round, evidence upon evidence I slowly (well quick by some examples) built my case... I eventually got TDIU, and then passed that by... I know its hard, but you WILL win. You will get some closure for what has happened. It seems to be what you are looking for and I understand that as well.

I'm here... we are all here... just take a deep breath and start the next round...and know in the end you will win... its just a matter of time.

Bob Smith

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  • HadIt.com Elder

Michelle,

As I remember correctly, your claim is with the Huntington, W. Va. R. O, is this is correct, those people love to play games with you.

I have been there and glad to be at the BVA.

They are forever lost.

Always,

Josephine

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  • HadIt.com Elder

Michelle:

I am stunned that with the evidence that you were not awarded 100% TDIU. Did you have a hearing on this claim yet? If not I think you should request a hearing and take your husband with you. Although many including myself don't hold some of the Service Officers in high regard they can help and I think you should use at VSO at your Hearings, I always did and I had 4 Hearings and I think that when you have a chance to present your case and ask they to their face what justify their decision that it will help,

I personally feel that many of the Rating Officers have a difficult time with their denials after they have met the Veteran face to face. Good Luck on your claim you have a lot to think about.

I fought long and hard for my claim cause I felt that my claim was bona fide and I was promised that if my service caused a problem Uncle Sam would take care of it.

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Thanks Everyone:

I just received this new rating on Friday and talked briefly to the VSO at the American Legion. To tell you the truth I think that I probably have done more research in the regulations and the laws then they have because they had to ask me a question the other week. But at any rate, Once I got my thoughts together I read over the rating again and it was kind of funny because they told lies, after lies. They stated they never received any of my new information (EMG/NCS , Documentation from my Civilian Medical Doctor). I personally took it with me to the C&P and gave to the MD (this is what they told me to do) and I told her that this was important but evidently she threw it in the trash so they went by a EMG/NCS that I had in 2004 which was still fine with me but they either didn't know how to read it or just lied about what it stated. Funny thing is it's documented on every EMG/NCS that I've had since 1999 that I have Chronic Polyneuropathy Bilateral, and in all extremities with Carpal Tunnel Syndrome. On the Rating Decision it stated that they denied my hands for nerve damage that their was no documentation to support this (What Idiot's) I've started preparing my NOD and addressing each thing that I've caught them on, like Carpal Tunnel Syndrome is Nerve Damage! and it just like they have someone that knows nothing rating these claims. They stated I was denied TDIU because the C&P MD stated "in their opinion I could do some type of sedentary work" Like I stated before my doctor is preparing a new letter which flat out states I am permanently and totally disabled, etc.etc... I have every piece of information that I've ever sent to VA. Yes my claim was brokered out to Huntington, WV but I believe it's been sent back to Montgomery. I'm going to go see the VSO and what ever letter they give me and hand deliver everything that they stated they never received. I sent them an IRIS the day I received a copy of my C&P Report from the Doctor and told the VA that I had given her my NCS/EMG, Doctors Report and that if they didn't have it please let me know. They never stated that they didn't have it. I also complained in that email about the doctor because she didn't do anytype of exam on me she just talked.

At any rate I know that I will eventually get TDIU and T&P but you know how it feels when you wait for over a year and then receive this Crap from them. I'm a lot better today and will keep you all posted.

Sixth Sense don't worry about me really...we will talk this week.

Michelle

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