Lemuel 18
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Trouble Remembering? This helped me.
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14 Questions about VA Disability Compensation Benefits Claims
When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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Can a 100 percent Disabled Veteran Work and Earn an Income?
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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Search for Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury
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By John Ward
My problem started a few months ago with the smell of cigarette smoke occasionally. Thought it was on my wife's cloths although no one in our household smokes. No visitors smoke. We do use a fire place. Totally smoke free environment. I have been to the VA Nashville, but this issue does not seem important to anyone, I can understand. For me it has taken over my life. I eat, drink, sleep, cigarettes . I do have 2 brain tumors which Vanderbilt Hospital botched the removal in 2017. The surgeon who did the pathway said the Neuro was very careless and was warned but cut a clear if branch to the frontal lobe, hemorrhage several hour, lack of oxygen caused progressive memory loss (all this document ed) now this.... I cannot get the V A to move. Tumor is leaking, vision is declining, memory, hand s shaking getting worse. Anyone else had the Phantom smell of cigarettes. The Phantom smell of Cigarette in particular seem to lead to stroke, seizure, Alzheimer's. VA doctors admit it is a brain problem, possibly streaming from the 2017 aborted surgery. Right now, I am a 66 year old proudly Retired US Army Veteran. Saw Camp Eagle in 1971 the M1 Main BattleTank for many years after. Hope to see my great grandkids. But not going to tolerate everything I eat, smell, sleep being cigarettes much longer. I will appreciate he'll more than you will ever know
Anybody else out here had this problem?
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By chibears3531
The issue:
I’m on the verge of filing a large VA claim to include migraines, erectile dysfunction, obstructive sleep apnea, and a few other conditions.
However, I think I may be eligible for an earlier effective date going back to 2008 for the migraines and ED. I’m hesitant to file for the migraines and ED in this claim because I do not want it to nullify my chance at an earlier effective date.
Background (long read, sorry!):
After reviewing my C-File, I'm pretty sure VA underrated and possibly clearly and unmistakably erred (CUE) 11 years ago in their decision based on the detailed evidence from their c&p examination.
Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits. They conceded I have cognition issues from all the concussions and awarded 10% for:
“traumatic brain injury with post concussive syndrome (also claimed as migraine headaches)”
This was despite having an in service migraine diagnosis (which was in their possession at the time and in my C-File) and the fact that their C&P examiner said that I have “prostrating migraines 4x per week”.
Unless I’m mistaken, if the VA had in their possession evidence that would warrant a higher rating of the migraines at time of the decision 11 years ago, they violated 38 CFR 4.6.
Additionally, while I did not claim erectile dysfunction, I think this may have been an “inferred claim” seeing as the c&p examiner noted:
“Q22. Sexual functioning?
A22. Yes, problems with achieving and maintaining erection. The veteran has started to use Levitra, which helps. He mentions he has been taking Celexa, had been discontinued, and has less of sex.”
“DIAGNOSIS: Traumatic brain injury with post concussion syndrome and migraine headaches, and erectile dysfunction (with etiology as least as likely as not related to the TBI).”
I've heard that the VA stopped honoring claims to re-open so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (he was an internal medicine MD).
Finally, just to re-iterate, I’m hesitant to file a claim for migraines and ed in this new claim because I don’t want to possibly lose my earlier effective date by doing so. My tentative plan is to include them in the new claim anyway and in a statement ask that the “TBI with PCS (also claimed as migraine headaches) be split into “8045 TBI residuals” and “8100 Migraines” with each condition being rated separately.
Then after the decision is rendered, file a supplemental claim with the 2008 c&p exam notes appealing for an effective date to 8/31/2008. If that fails, that’s when I would look toward filing for a CUE.
Does this sound like a solid plan of attack?
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By Lemuel
How do I submit an article? Or get someone else to help research and flesh it out?
Basic start:
Berta, Bronco, and other primaries, if you are listening, get your crew to contact NIH and help do an article on this. (immunoexcitotoxicity)
The primary source or beginning is a concussion, even mild ones. Could be from a fall as a toddler or at any time in your life. So, PTSD is simply a symptom of a Post-Concussion Syndrome. Started harping on the organicity of PTSD in 1987 along with the writing off simple PCS as adjustment disorders. Did a fast on the Mall in DC in 1995. Was visited by a group of neurologists led by an NIU neurologist, during the American Neurology Convention, who said NIH would look into it.
If the military didn't pick up anything in those induction scores or if they accepted you for duty and subsequently, because of military exposure your condition is aggravated to the point of interfering with daily life including employability, the VA owes you compensation. That is the reason Yale has won the Discharge Review Case and is on the verge of winning a class action case on claims more than a year old.
Between 1995 and 1998 the number of PCS studies in the NIH Library more than quadrupled. She, (the NIH neurologist) was good to her word. Must have said something at the convention to get it started.
But look at the inertia of getting something done. 2008 an article in a newspaper cause Congress to finally recognize and compensate PCS calling it TBI. But PCS also happens in just exposure to a blast. Repeated outgoing heavy artillery brought a lot of vets into the PTSD groups I attended between 1984 and 1995. PTSD was the only peg they could hang their hat on. Even mild, moderate and severe TBI had found themselves in the "Adjustment Disorder" diagnosis and couldn't find any peg to hang a compensation claim on other than PTSD between 1980 and 2008. Before that they just had to accept adjustment disorder. There is no difference between being close to an improvised explosive and an incoming RPG (simply rockets in Vietnam) But the VA appears to be on the bend of recognizing only improvised explosives, not incoming heavy artillery or continuous exposure to outgoing from your enclosed turret on a ship or camouflaged field howitzer.
Well, yes, PCS causes an adjustment disorder. But as long as you are treating it as a behavioral problem instead of an adjustment to an organic problem (immunoexcitotoxicity) the necessary adjustments won't be made to even have a semblance of a normal life. And an organic treatment has no chance of being appropriately directed.
It is easy for physicians to see that diabetes is an organic problem that will never cure. It can only be maintained and controlled through continuing care. But they cannot recognize that with PCS or even that it is PCS they are dealing with.
Cerebral malaria also brings on immunoexcitotoxicity with the exact same problems of PCS. But those victims from WWII, Korea, Vietnam, Somalia and the current wars are still "adjustment disorders" or hanging their hats on PTSD.
The present pressure of having therapists put an "end date" on therapy simply doesn't recognize the problem. Some epileptic drugs help. But you won't be given them unless you get an EEG that shows something. For me the 2015 Rx for Keppra was life changing. At 74 I became more employable than I was at 34. All of my friends and family noticed a huge difference.
And the VA doesn't want to confirm temporal lobe seizures (the center, I believe, for immunoexcitotoxicity) because it is a situation like diabetes, requiring continuing care and, often, ultimately compensation because of progression.
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By damnitface77
For Starters, I want to thank anyone who takes the time to read this and give me a little perspective. I just got my final C&P results after a series of claims. Currently I am 94% combined rating if I include my Sleep apnea claim (The Dr. wrote it was medically neccesary to use the CPAP, so I do expect the 50%. This C&P below was conducted to separate my anxiety disorder from my TBI disorder. Currently I have a 70% rating for Anxiety with residuals of TBI. I was wondering if anyone could read this and tell me if they think I can expect a separate rating for TBI memory loss based on the Dr's opinion stating that my issue is 80% anxiety and 20% TBI (see note 2b below). If I can get at least a 10% for TBI in addition to the 70% for anxiety, It should push me over the threshhold of 100% schedular. The only edits I made to this was to remove names. Again, thank you for your time and expertise
70% Anxiety (Trauma with TBI residuals)
50% Sleep Apnea
20% Degenerative Disc Disease
20% Upper Neuropathy Right / 20% Upper Neuropathy Left
10% Lower Radiculopathy Right / 10% Lower Radiculopathy Left
0% TBI Migraines
LOCAL TITLE: COMP AND PEN NOTE
STANDARD TITLE: C & P EXAMINATION NOTE
DATE OF NOTE: JAN 28, 2019@14:30 ENTRY DATE: JAN 30, 2019@11:11:26
AUTHOR: *********** E EXP COSIGNER: URGENCY: STATUS: COMPLETED
Mental Disorders
(other than PTSD and Eating Disorders)
Disability Benefits Questionnaire Name of patient/Veteran: *****
Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination
Request?
[X] Yes [ ] No
SECTION I: ----------
1. Diagnosis
------------
a. Does the Veteran now have or has he/she ever been diagnosed with a mental
disorder(s)? [X] Yes [ ] No
ICD code: 300.00
If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses:
Mental Disorder Diagnosis #1: Unspecifed Anxiety disorder, chronic, severe
disorder.
ICD code: 300.00 Comments, if any:
Vet had been seen initially on 2/11/18 for Mental Health C+P exam done
by Dr. *****(which proposed "Anxiety disorder, NOS" then, while f/u
C+P exam on 2/16/14 had proposed Other specified trauma and stressor related disorder(as vet had been in IED blast in 2006 - see Mental Disorder diagnosis #2 below.
Unspecified anxiety disorder is synonymous with Neurosis - which vet is
already 70% SC for, in combination with residuals of TBI apparently). I
am therefore not intending to change his Neurosis condition now, but Unspecified anxiety disorder is most accurate diagnosis consistent with DSM-V, as I see it now.
Mental Disorder Diagnosis #2: Cognitive disorder due to Closed Head
iInjury(CHI), due to 6/1/2006 "double-attacked anti-tank mine" IED blast.
ICD code: 294.9 Comments, if any:
Vet was in 2nd Iraq combat deployment - out of 3 tours he served there -
when 6/1/06 IED hit his heavy equipment vehicle(which vet had referred to as 'palitizing loading system').
b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): Vet is already 0% SC for
migraine headaches.
Comments, if any:
Vet is already SC for migraine headaches. Vet is already 20% SC for Intervertebral DIsc Syndrome, 20% SC for Paralysis of musculospiral nerve(x2), 10% SC fo paralysis of sciatic nerve(x2).
Vet also apparently had a 2/15/18 sleep study done that indicated a mild
sleep apnea condition.
2. Differentiation of symptoms
------------------------------
a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No
b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis?
[X] Yes [ ] No [ ] Not applicable (N/A)
If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses Symptoms(i.e., anxiety, sleep problmes) are due to Unspecified
anxiety disorder, while symptoms(memory problems, headaches) are due
to Cognitive disorder due to CHI.
c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [X] Yes [ ] No [ ] Not shown in records reviewed
d. Is it possible to differentiate what symptom(s) is/are attributable to TBI
and any non-TBI mental health diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A)
If yes, list which symptoms are attributable to TBI and which symptoms
are attributable to a non-TBI mental health diagnosis see 2b above.
3. Occupational and social impairment -------------------------------------
a. Which of the following best summarizes the Veteran's level of
occupational
and social impairment with regards to all mental diagnoses? (Check only one)
[X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or
mood
b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [X] Yes [ ] No [ ] Not Applicable (N/A)
If yes, list which occupational and social impairment is attributable to each diagnosis
About 80% of vet's current occupational and social impairment is due
to Unspecified anxiety disorder while about 20% is due to Cognitive disorder due to CHI.
c. If a diagnosis of TBI exists, is it possible to differentiate which occupational and social impairment indicated above is caused by the TBI? [X] Yes [ ] No [ ] Not Applicable (N/A)
If yes, list which impairment is attributable to TBI and which is attributable to any non-TBI mental health diagnosis see 3b above.
SECTION II:
----------- Clinical Findings: ------------------
1. Evidence Review
------------------
Evidence reviewed (check all that apply):
[X] VA e-folder
[X] CPRS
[X] Other (please identify other evidence reviewed):
Vet broiught a 4 page typed letter 1/12/19 done by himself describing
in detail his current ongoing issues("I did not want to forget to tell
you something important"), and vet admits it took him severalhours to
complete(and which he kept revising many times). He brought a 2 page
letter dated 1/27/19 done by his wife ******, a 2 page typed letter dated
1/17/19 done by mother ********, and a 1 page typed letter dated
1/27/19 done by vet's friend/combat comrade(served together in Iraq)
named *******, and all 4 letter were reviewed by me.
Evidence Comments:
CPRS was reviewed by me and included my(***** MD) 12/5 18 Review TBI C+P exam report, as well as 5/16/14 C+P exam report done by Dr *****(sa
well
as Initial 2/18/11 MH C+P exam aslo done by Dr. ******.
VBMS was reviewed by me and included vet's Army DD-214 signed b *****
which included MOS(88M30) Mortor Vehicle Operator,as well as E-6 discharge
rank. His medals included CAB - among others, and he had Iraq combat dates
of 1/03 - 7/03, 8/05 - 8/06, and 3/08 - 6/09 - for his 3 seperate Iraq combat tours.
2. History
----------
a. Relevant Social/Marital/Family history (pre-military, military, and
post-military):
Vet is married ****(and they have 2 sons(around ages 5 and nearly 7).
b. Relevant Occupational and Educational history (pre-military, military, and
post-military): Vet has been working in his current Passport Agency job since 2015(was at an administrative clerk(for a different agency) before that.
c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military,
and post-military):
Vet has been on sertraline 150mg since 9/10/18 - it takes the "edge" off
my problems, but he apparently has been having some sexual side effects(delayed ejaculation) related to that .
d. Relevant Legal and Behavioral history (pre-military, military, and post-military):
Vet has had no legal problems(and no jail time) since the 5/14/16 C+P exam report date.
e. Relevant Substance abuse history (pre-military, military, and post-military):
Vet has had no alcohol misuse disorder problems sicne 5/16/14. He has used no street drugs since 16/14.
f. Other, if any:
No response provided.
3. Symptoms
-----------
For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses:
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks that occur weekly or less often
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
events
[X] Impairment of short- and long-term memory, for example, retention of
only highly learned material, while forgetting to complete tasks
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
relationships
[X] Difficulty in adapting to stressful circumstances, including work or
a
worklike setting
[X] Obsessional rituals which interfere with routine activities
4. Behavioral observations
--------------------------
Vet was totally genuine at the 1/28/19 Review Mental Health C+P exam.
5. Other symptoms
-----------------
Does the Veteran have any other symptoms attributable to mental disorders that are not listed above?
[X] Yes [ ] No
If yes, describe:
Vet admits to having anger difficulties, 'spacing out' at times, and
general feeling of being confused/overwhelmed. He reports having lost
his social "filter" abilities. He reports previously having been very
"easygoing" prior to the military.
Vet still gets nervous if seeing sandbags lying on the side of the road -
left by construction crew(as that is what he looked for over in Iraq as being a potential IED.)
He has to reorganize plates/trays a certain way, either at home or when leaving a restaurant, respectively.
He denies having any suicidal thoughts("No, I'm addicted to life, I love
breathing".).
6. Competency
-------------
Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No
7. Remarks (including any testing results), if any: ---------------------------------------------------
Vet owns a pistol. He does not hunt - only tried it once, but did not get anything then.
He denied having any current active suicidal or homicidal ideation.
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By RMurr
I have been reading this form for about two months now and I’m hoping you may be able to give me some insight. I submitted an application for compensation in January 2018 for injuries I received in a long time ago.
Here is a bit of the back ground. When I got out of the service in 1995 I thought I was applying for benefits, turns out it was only the Gulf war registry. I’m not trying to make an excuse for why I didn’t apply earlier, just telling you what happened. I was in a head on car crash in panama, hit by a drunk driver. I was out for 15-30 min, then spent 4 days in the hospital. The Va sent me for a C&P 3 weeks ago for adjustment disorder with anxiety, The DR. is the one who told me I was in the hospital for 4 days. I only knew what my ex-wife told me. After an hour doing the exam the DR. made a call to QTC and was requesting that I have a cognitive exam done, of course they said no, it wasn’t being asked for.
1. Should I be getting another C&P for TBI? I did submit my neurologist reports that said all my condition i.e. short term memory problems, migraines and emotional problems were a direct result of the accident, and I have the LOD report. along with the list of my meds i'm on.
2. Or will they just use what in my file and the C&P and render a decision?
I do have a few other items I’m claiming, but I will post them in the correct forum.
Thanks for any help you can give.
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Need your support - T-shirts Available - Please buy a mug or a membership
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.
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Post in DRO & duty to assist action
70%&sfsystem posted an answer to a question,
OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80%
I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
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REVISED GERD / IBS CUE, March 23, 2011 decision
Justaskpat posted a question in CUE Clear and Unmistakable Error,
I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.
VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf
C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf-
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14 Questions about VA Disability Compensation Benefits Claims
Tbird posted a blog entry in Tbirds Blog,
When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog]-
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Disabled Veterans Property Tax Exemptions by State
Tbird posted a blog entry in Tbirds Blog,
Alabama
A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.-
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The question is; Will I be among the less than 1% Pro Se Petitioners to SCOTUS of the 1% over all Petitioners for a Writ of Certiorari that will be heard by SCOTUS.
The Petition is Bray v United States Docket No. 18-9532 Re: "The Feres Doctrine" with 15 related constitutional questions.
The documents can be downloaded from the Supreme Court of the United States, (SCOTUS), web site here:
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-9532.html
The answer will come sometime after the 40 copies have been distributed to the Justices and their Clerks for the November 8, 2019 Conference. Only 1% are granted a hearing before SCOTUS. Will the Feres Doctrine continue to stand up as Constitutional continuing a 69+ year old precedence that prevents you from filing a Tort case for your mistreatment and failure to be compensated for subtle but employability disabling temporal lobe seizures ignored by the military and the VA to reduce entitlements?
Some relief was granted in 2008 for TBI victims. Those who had TBI claims from 2007 on will be fully compensated. Those of us from previous wars have been stiffed until we were allowed to file our claims after receiving the 2008 letter.
Edited by Lemueladd additional facts
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