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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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PEACHES1962

General Compensation Question

Question

This is my first time writing on this site even though I read it alot. I submitted a claim in July 2019 for sleep apnea secondary to chronic fatigue syndrome (Secondary), sleep disturbances (related to: Environmental Hazard in Gulf War) (New), sleep apnea (secondary to: sleep disturbances) (New). I have had my exam through LHI in August with the following remarks from my examiner:

Veteran was also diagnosed with OSA and is compliant with a CPAP machine therapy.

Concerning the contention of Sleep disturbances due to environmental hazards in Gulf War. Veteran has sleep
disturbances that are likely a result of PTSD type symptoms with nightmares, insomnia which are both hallmark symptoms of PTSD and trauma based
disorders. Her sleep disturbances are also a result of her diagnosis of Fibromyalgia and other Gulf War medical issues.

In fact, it is highly likely her sleep disturbances have incurred from both all stressor occurrences while she was in Army.

I also have a supplemental claim in progress for PTSD that was initially denied in 2008 and the examiner stated:

Veteran's previous C & PReview PTSD Examination was completed on MAY 13,
2008 by Cristina Gamez-Galka, Ph.D., of Houston, TX. Dr. Gamez-Galka diagnosed veteran with PTSD and Major Depressive Disorder. A C & P Initial
PTSD Examination completed on MAY 6, 2002 by Dunn, Ph.D. (Houston VAMC) also diagnosed veteran with PTSD and Major Depressive Disorder,
recurrent.

Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood

My question is, would this be enough to qualify me for compensation or is it a chance I will be denied?

I must add that I am currently seeing a VA psychologist for PTSD.

Thank you guys for your responses.

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6 minutes ago, PEACHES1962 said:

Let me see if I can answer all of your questions:

I am attempting to request both C&P exams from both 2002 and 2008.  Did not know I could request those at the time. Now I know, thanks.

 They were both denied based on my not submitting proof of stressors proving a connection to the service. However, they did receive my medical documents showing that I had been hospitalized a couple of times for attempted suicide while in and out of the service. In both cases I was diagnosed with PTSD and MDD. 

 

 

then to get back to your original question. With an in-service diagnosis of PTSD it is likely you can be rated on that claim. How high is unknown by any one here.

The statement you submitted, plus the evidence, and the C&P exam results are all factors we don't have and even then could not do more than guess at the way the rater will view your case.

By not submitting evidence in the previous claims you have closed off any reasonable path to retro pay. That said, if your military record is so clear that the rater should have just signed off on it, then you might be able to work an Earlier Effective Date. I am not saying you do, I am saying if your record is that clear, something I cannot know.

For SA, if you have evidence of in service problems you are halfway there. SA can be a difficult claim to service connect. It is one of those the VA does not like to pay out on.

Get your C-file they should be in there.

If they were done at the VAMC or through a contractor for the VAMC, the hospital office of records should be able to print them for you. If it was done by an outside contractor like VES or LHI as part of a claim it will not be at the VAMC so your c-file is the path to get them.

If it was done int eh last 3 years at the VAMC or by a VAMC contracted facility those records should also be found under Blue Button on My Healthy Vet.

 

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Peggy is what we affectionately call the general info number at the VA: 1-800-827-1000

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3 minutes ago, PEACHES1962 said:

By the way....who is Peggy and how do I get in touch with her?

well not always affectionately 🤬   depends on what she says...

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Well, Geeky, you have to sweet talk her. You know she is unpredictable!

  • Haha 1

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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