Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
-
Tell a friend
-
Recent Achievements
-
Our picks
-
Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 3 replies
Picked By
RichardZ, -
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
- 0 replies
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
-
Question
betrayed
Currently I am rated at 30% for Depression secondary to serious pain syndrome.
The following is what I wrote for appeal to my 30% rating, read it and you will see a 30% rating is lowballed in my case. Then I will show you what happened when I filled for PTSD another mental condition and how it has helped me.
MAJOR DEPRESIVE DISORDER
I suffer from Major Depression, I started treatment at the Ann Arbor VAMC on July 26th 2005 at which time XXXXXXXX Social Work Intern and XXXXXXXX MHC/HIOT Social Worker assigned a GAF Score of 35.
On September 22nd 2005 XXXXXXXX (Ann Arbor VAMC) diagnosed Major Depression and prescribed Effexor and Trazodone, and recommended psychotherapy.
On January 25th 2006 I had a C&P Physical at the Ann Arbor VAMV by XXXXXXXX M.D.
Dr XXXXXXXX diagnosed Major Depressive disorder secondary to pain syndrome with a GAF score of 40-45.
XXXXXXXX became my TRICARE Primary Care Manager in March 2006.
On March 14th, 2006 after waiting 6 months for the VAMC to contact me for psychotherapy (as recommended by Dr XXXXXXXX M.D. on 9/22/05) and fearing my depression was worsening I asked my NON VA Primary care manager (Dr XXXXXXXX ) for a mental health referral so I could receive psychotherapy.
On March 30th2006 I was seen by XXXXXXXX MSW LMSW at the OAKLAND PSYCHOLOGICAL CLINIC. XXXXXXXX completed a Comprehensive Assessment and diagnosed Major Depressive Disorder, Recurrent, Severe Without Psychotic Features 296.33. and generalized anxiety disorder 300.02 SEE ENCLOSURE ( ).
On APR 4, 2006 I was seen by XXXXXXXX . at the OAKLAND PSYCHOLOGICAL CLINIC. XXXXXXXX completed a Psychiatric Assessment and diagnosed Major Depressive Disorder, Recurrent, Severe Without Psychotic Features 296.33, Opioid Dependence 304.00 and indicated a GAF score of 45. SEE ENCLOSURE ( ).
I was not able to afford the weekly TRICARE co-pays, and subsequently unable to continue treatment at OAKLAND PSYCHOLOGICAL CLINIC.
On June 13th 2006 nine months after being recommended by Dr XXXXXXXX , I started psychotherapy with Dr XXXXXXXX at the Ann Arbor VAMC.
On July 11th 2006 XXXXXXXX administered a BDI2. In his progress notes Dr XXXXXXXX stated “scored in severe range of depression on BDI2 (29)”. I am continuing psychotherapy with XXXXXXXX .
On August 31st 2006 XXXXXXXX prescribed 20 mg of Citalopram Hydrobromide (Celexa) and continued my prescription for Trazodone.
I have been given GAF Scores from a low of 35 to a high of 45 by mental health professionals.
In accordance with DSM-IV: GAF scores from 41-50 indicate “ serious symptoms ( e.g., suicidal ideation, severe obsess ional rituals, frequent shoplifting) OR any serious impairment in social, occupational or school functioning ( e.g., no friends, unable to keep a job).” GAF scores from 31-40 indicate “Some impairment in reality testing communication (e.g., speech is at times illogical, obscure, or irrelevant) or major impairment in several areas, such as work or school, family relations, judgment, thinking or mood (e.g., depressed man avoids friends, neglects family, and is unable to work, child frequently beats up younger children, is defiant at home, and is failing at school).”
My Beck Depression Inventory score indicates I suffer from severe depression.
I do not believe my current rating of 30% for Depression is commensurate with the severity of my depression and pain I suffer. I believe my diagnosis, my symptoms, my GAF scores, and my Beck Depression Inventory score substantiate a much higher rating than 30%. You would be remiss not to consider the synergistic effect of the depression and chronic pain.
“CFR Title 38 § 4.126 Evaluation of disability from mental disorders. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner's assessment of the level of disability at the moment of the examination. When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment, but shall not assign an evaluation solely on the basis of social impairment.”
Under Major depressive Disorder the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) states “Severity is judged to be mild, moderate, or severe based on the number of criteria symptoms, the severity of the symptoms, and the degree of functional disability and distress.” “Episodes that are Severe without Psychotic Features are characterized by the presence of most of the criteria symptoms and clear-cut, observable disability (e.g., inability to work or care for children).”
Under the criteria for Severity for current (or most recent) Major Depressive Episode the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) states “.x3-Severe Without Psychotic Features: Several Symptoms in excess of those required to make the diagnosis, and symptoms markedly interfere with occupational functioning or with usual social activities or relationships with others.”
The evidence of record clearly demonstrates I suffer from severe depression and chronic pain. On 3/11/05 Dr XXXXXXXX noted in his records (previously submitted to the VA) that I was suffering from work related anxiety and prescribed Klonopin. Two months later I was fired from that job.
In the past few years my health has deteriorated and my physical and mental pain has increased to the point that it has caused severe depression. In May of this year I was diagnosed with Coronary Artery Disease and in June I underwent heart catherization with stent placement, which caused my depression to worsen to a level that has destroyed my emotional functioning on a daily basis.
Due to chronic pain, sadness, hopelessness, frustration, unprovoked irritability and anxiety on a daily basis I have been transformed from a professional with the occupational abilities to manage departments of more than two hundred personnel to a person who has problems managing a household. In the last two years I have been fired from two jobs one of which (Brighton Harley Davidson) was a dream come true. After my Heart Disease diagnosis I was unable to cope with the stress of delivering pizzas 12 hours a week and quit. My memory is pretty much non existent, during my time as a pizza delivery person I would often forget where I was going or I would become confused to where I was, and this is in my hometown where I grew up. Often times in the middle of a conversation I will forget what I am talking about or what I was going to say, this has caused major embarrassment and frustration on more times than I can count.
My mood on a daily basis is hopelessness. I have suicidal ideations, which are documented within the evidence of record (VAMC records and those records from OAKLAND PSYCHOLOGICAL CLINIC). I suffer from sleep problems, significant worry, panic attacks and anxiety. I have been treated for anxiety by Dr XXXXXXXX with Klonopin, Dr XXXXXXXX with Oxazepam, and Dr XXXXXXXX with Xanax ER. The only one that seems to control my anxiety is the Xanax ER, unfortunately it makes me into a zombie.
I have no friends; I don’t socialize with anyone except my spouse and her daughter. My relationship with my only child has become estranged and consists of a monthly email. My ever-changing moods have put a stress on the relationship with my spouse, although she understands that I am ill, it is very frustrating to her. I no longer ride motorcycles, go fishing or hunting, the loss of strength and coordination in my hands prevent me from wood carving, I no longer have the desire to do anything.
The following are excerpts from a Statement in Support of Claim completed by my spouse on July 17th, 2006 and provided to the VA on July 18th 2006.
“His depression is scary, I have seen my husband loose his temper and fly into a fit of rage, and then three seconds later breakdown in a uncontrollable crying episode. His moods are ever changing. He and I have talked about suicide. This conversation was when we were just friends. He told me that the chronic pain is a terrible thing to live with and sometimes he just doesn’t want to deal with it any more. I was brought up catholic so I don’t believe in suicide. But I know my husband feels different. He has told me repeatedly if it wasn’t for me he would of killed himself by now. I completely understand what my husband is going through, but I do worry a great deal about his frame of mind. I also know he has nightmares, I know he has seen some death and doesn’t like to talk about it, but I know it sometimes bothers him when he remembers certain things. I believe all of the stress and stuff is the reason my husband lost the jobs he had since retiring from active duty. I personally know that he told both of his bosses off, and was fired for it. He says he can’t stand incompetent people, and isn’t going to take crap from incompetent people. His memory is pretty much non-existent, he will forget something in three seconds, or in a middle of a conversation forget what he was talking about.”
“My husband has become a recluse. He does not socialize with anyone except my daughter and myself. He rarely talks to his siblings or his son. He rarely leaves the house. He is obsessed with locking everything up. The doors, the garage, the vehicles, everything and anything he can lock up he does. He carries his keys on his belt like a janitor. He says its cause he was a cop and all the stuff he saw people loose. He doesn’t trust anyone, and he thinks most people are crooks or dirt bags as he calls them.”
"I filled a claim for PTSD against the advice of my DAV VSO, he said you would never win. I recently had my C&P Exam and the doctor stated in her report
" The prognosis for improvement is deemed poor in light of the veterans deteriorating Health. His Capacity for employment is felt to be poor in light of his overall impaired functional and emotional status."
Had I never filled for PTSD I would have never got a statement like that, which is one powerful statement on a C&P Exam.
So my point is what have you got to loose by filling for a second mental disability? I gained a hell of allot IMO![:lol:](//content.invisioncic.com/r264491/emoticons/default_laugh.png)
Betrayed
540% SC Schedular P&T
LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!
WEBMASTER BETRAYEDVETERAN.COM
-----------------------------------------------------------------------------------------------------------------------
You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'
Because you're different, because you're free, because you're everything deep down they wish they could be.
Link to comment
Share on other sites
Top Posters For This Question
9
6
4
2
Popular Days
Jan 23
16
Jan 21
8
Jan 22
2
Top Posters For This Question
betrayed 9 posts
RockyA1911 6 posts
sixthscents 4 posts
Testvet 2 posts
Popular Days
Jan 23 2007
16 posts
Jan 21 2007
8 posts
Jan 22 2007
2 posts
Posted Images
25 answers to this question
Recommended Posts