Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    289%
    $4,338.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0

Secondary to PTSD claims question


71monty

Question

Good morning everyone,

I just got rated at 70% for PTSD after previously being denied as not service connected. For the first claim, I was going through a company (VAclaimpros) which was a big mistake. I appealed and just simply told the examiner what I was going through as well as my family. I submitted a letter from my wife and a report from when I was Police Officer stating that I had PTSD and the list of medications. I have previously been denied claims for sleep apnea and tinnitus. They acknowledged that I did have sleep apnea from my personal medical records and the UPPP surgery I had years ago but said it was not service connected. They also acknowledged my hearing issues but said it was not service connected. I have been diagnosed with anxiety, depression, ED, Peyronie's disease (because of the ED), hypertension and insomnia from both private and VA doctors. I have been taking medicines for all three. I have sciatica 

My question is what should I file a secondary claim for or if I should even file one at all and leave well enough alone since I have 70%.

 

Thank You

Link to comment
Share on other sites

2 answers to this question

Recommended Posts

  • 0
  • Moderator

  Hello and Welcome to Hadit,

YOU CAN APPEAL THEIR DECISION ON YOUR HEARING LOSS AND THE OTHER CLAIMS YOU WERE DENIED FOR. (WITHIN 1 YEAR FROM THE DATE YOU WERE DENIED)

Get you an IMO ( Independent Medical Opinion)for a qualified Dr STATE LISCENSE AUDIOLOGIST, Ask him/her to use the VA guidelines for the examination for the hearing test  to include the Maryland CNC Word Test, AND FOLLOW THE VA CRITERIA.

if you show significant hearing loss  then use that test to submit as your evidence  ask the Dr to read your medical records and give him/her some information about what you did in the military...loud sudden noise can cause hearing loss  and also describe your tinnitus to him let him know its constant and always there  especially at night

ASK THE DR TO WRITE IN HIS/HER REPORT THAT he/she has read your medical records and due to what he has mention to me WHAT HIS JOB WAS WHILE IN THE MILITARY it is my medical opinion  IS LEAST LIKELY AS NOT he has noise induced hearing   that could be or the cause and related to his hearing loss he has today DUE TO HIS MILITARY SERVICE..(if you were around loud noise while in the military?)  gun fire  or maybe your job /MOS put you around loud sudden noise.

You may need to file a secondary claim for sleep apnea due to your PTSD MEDICATIONS so that would be a secondary claim to your PTSD.

YOU NEED A SLEEP STUDY AND A DIAGNOSE FOR SLEEP APNEA  WITH VA OR PRIVATE CLINICS.

YOU NEED TO FILE FOR ALL YOU WANT TO CLAIM

CLAIMS,  IF YOUR DENIED YOU CAN ALWAYS APPEAL.

   FILING WILL START YOUR EED (EARLY EFFECTIVE DATES.)

  SO WHEN YOU DO WIN THESE CLAIMS   (WHICH YOU WILL SOMEDAY) YOU WILL BE PAID RETRO BACK WHEN YOU FIRST DATE FILED.

  • Like 2
Link to comment
Share on other sites

  • 0
  • Patron

Since you claimed and were denied and you appealed, you know how the VA works.  If you don't succeed, try, try again.

Sounds like all you have is the 70% for PTSD.  So, the easiest route is to claim other issues you have developed (have symptom's of) that can be attributed to your PTSD.

It's best if you can get a medical person to opine that condition "A" is caused from your Service Connected condition "B" (PTSD).   You have already completed the hurdle of service connection and just need the medical rationale.

Secondary conditions have been the easiest and most beneficial in my claims history.

Good luck,

Hamslice

I have 6 secondary compensated conditions, 30, 30, 20, 10, 0 and 0 percentages.

 

  • Like 2
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By John C
      I have several items I have filed and denied. Latest is my sleep apnea. I am 10 percent for sinusitis. Went before a judge he found  mistakes made in the past and remanded to regional office. I went to a dr. Appointment of course  she had no certification or experience in sleep apnea. I have all sorts of documents from members of my unit explaining I would be snoring and when I stopped they realized I quit breathing. So they would shake me to wake and get me breathing. Also letters from an ent. And a specialist in obstructive sleep apnea. Now they have denied because I didn't get diagnosed for many years after ETS. I had never even heard of this. Really am at my ends whit. They have remanded back to the judge.  Dont know what else I can do. I have a letter of un employability .but can't file or appeal till this is over this is my 6th time each with more documents as I learn. Any suggestions appreciated 
    • By Joey Ross
      OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
       
    • By McRay
      When I was in AIT (1971) I was given a climate profile. I went on sick call one morning for an upper respiratory problem and next thing I knew the ENT doc issued me a profile that basically stated I wasn't supposed to be stationed in a cold, damp climate. I later waived the profile and don't remember any more treatment. Currently, I'm at 50% for Unspecified Depressive Disorder and PTSD. I'm diagnosed by VA with OSA and have been given a CPAP machine. I'm thinking of filing a claim for the sleep apnea and possibly rhinitis. I'm a little confused as to how the best way to file would be, OSA secondary to UDD PTSD or Rhinitis or a supplemental claim? Or if the rhinitis claim is even do-able? I am treated at VA for allergies. I'd never considered a claim for rhinitis until reading some of the posts here. Oh, I also am given meds for PTSD.
      Thanks
    • By runaroundtime
      Wondering if anyone has some insight on my current situation.  Long story short, I became 70% service connected in 2018 due to a combination of issues, to include 30% for PTSD.  During my initial physicals with my VA primary care Dr I screened positive for TBI from a vehicle rollover in Afghanistan and began testing/treatment.  I eventually had a neuropsychological exam that Identified several severe cognitive impairments (auditory memory, processing speed) and several more moderate-mild impairments.  Based on this I filed a disability claim for TBI in November of 2019.  I just finally had a C&P exam for TBI that did not last long.  Based on browsing these forums, I am thinking that the neuropsych testing will be used and hopefully the severe cognitive impairment is listed.  Two weeks ago I did an ACE exam for migraines related to TBI.  I have been sitting around wondering when I will get my decision letter but instead just got informed that I need to do another C&P exam for PTSD.  Does anyone know why the PTSD C&P exam is needed now?  Are they trying to identify what symptoms are caused by TBI vs PTSD?  Can this even be determined?  Will they lower my PTSD or combine them?
      It has been 18 months since I filed this claim and I am getting pretty stressed out at all the additional testing they are making me go through.  Maybe  am stressing over nothing but waiting around for a decision for 18 months can really put a strain on the process.  
    • By rogus
      In an odd situation and don't know what avenue if any I should or can pursue. I originally filed in 1998 for PTSD and fought 4 years for against the VA. In 2002 I was awarded 100% (but not total and permanent and was in psychiatric ward twice that year). In 2004 the VA Claimed CUE (clear and unmistakable error) and severed my service connection in 2005. For the first 2 years a vet org helped me appeal and then just started ignoring my request for help. I was given the impression that my case wasn't winnable an they would no longer pursue it. I then spent a few years trying to defend myself but in 2010 I filed some paperwork late but continued on with the appeal process. Around 2013 I managed to find another VSO that would help me out and eventually (2015) I won my case, I was rated at 70% for my PTSD and with my IBSD rating that kicked it up to 80% and I was awarded T&P IU. However I was only back payed to 2011. Talked to the regional office and was told it was because I filed that paperwork late in 2010 but that I could appeal that. Now I have been in the psychiatric ward 6 times and still have thoughts of suicide on a regular basis. (Right now I'm on the VA "Hot List"  and am getting calls from VA social workers to make sure I'm ok.) Well after spending 10 years worrying about whether I and my family were going to make it and going into debt I was happy to just call it quits at that point and figured it was just the VA getting a last "boot in".
      A couple of days ago I found a copy of the VBA Judges decision and actually read it thoroughly. This is a direct quote "Service connection for an acquired psychiatric disorder was previously denied, however, at the time of the last decision on this claim, some of the Veteran's service records were not in the claims file.They have since been obtained.  Under 38 C.F.R. § 3.156(c) (2014), if at any time after VA issues a decision on a claim, VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim.  Here, because relevant service treatment records have been received since
      the last decision on this claim, and because there is no indication that VA previously would have been unable to obtain them because they did not exist or because the Veteran failed to provide sufficient information,
      the claim must be reconsidered on the merits.  See id."
      So the VA put me thru hell for 10 years for a mistake they made by mysteriously losing records from my file. Then I lost 5 years of back pay after I made a mistake - after having been put in a situation they created and I shouldn't have been in in the first place. Am I understanding this correctly or is my anger after finally realizing what happened clouding my view? If I am correct is there anything I can do about it? The VSO that helped me finally win this case told me that if I pursue this I will lose my T&P rating and possibly have to go thru another decade of their bs. I got to admit I'm afraid of even requesting records now simply because of the bs that the VA pulled over that 10 years am in no condition to go into another decade long fight with them. I can't hold a job because to much stress will cause me to have hallucinations (which is why I was in the psych ward twice in 2002 the last year I held a job). Not only that but I can't even try to raise a few bucks by selling my plasma because of the years I was overseas. My wife who quit her part time job in 2018 to look after me meets the VA's requirement as a Care Provider but because I served after Vietnam and before 9/11 she can't sign up for that program till Oct 2022. I don't know what to do or even if I can do anything? Plz send some advice my way.
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 16 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines