RMF Posted June 20, 2021 Share Posted June 20, 2021 I submitted VA disability for anxiety and depression but awarded 10% insomnia secondary to chronic pain. Link to comment Share on other sites More sharing options...
0 pwrslm Posted November 29, 2021 Share Posted November 29, 2021 (edited) Look at the rating decision. Then look up the 38CFR info on what they awarded you -vs- what you claimed in the original filing. You know your symptoms, so you should be able to gage if they were right. If not, supplemental claim with new evidence can be submitted showing why you think they should give you a higher rating. Usually this would lead to something they omitted in the original decision like existing records not cited or something they did not have on hand. Any info that was omitted/discounted has to be noted as such, with the reason in the decision letter if it is in your C-File/VAMC records or Active Duty records. Any documentation you provide must be considered, so this would be the time to get an IMO to back up your claim. Supplemental Claims are much faster (months) than appeals (years), so exhaust that option first. You can file multiple Supplemental Claims as long as you have new and relevant information to include. New information can be professional medical journal studies or articles that rebut the information from C&P examinations. You may need an IMO or professional, published, medical literature/treatise to document your case. Edited November 29, 2021 by pwrslm Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted June 20, 2021 HadIt.com Elder Share Posted June 20, 2021 Hi RMF Welcome to Hadit. The VA usually rates insomnia as a MH condition and symptoms can be anxiety or depression. You have the MH disability ratinhg now and all MH disabilities except for PTSD are rated using the same criteria. So to get more you must display MORE severe symptoms that bump you up to a higher rating. Here is a good place to start. https://cck-law.com/blog/va-disability-benefits-for-insomnia/ Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted June 20, 2021 Moderator Share Posted June 20, 2021 You'll want to read your decision letter to see how they came to 'insomnia' as the primary driver of your rating. If the C&P was done through VAMC you should be able to view it online through MyHealthVet under the Personal Information tab at the top, "Download My Data". You can search in there through everything VAMC/Capri has in the system- the same stuff we pull to add to your claim file during development, before sending to a rater. If your C&P was done through a vendor you can request the C&P from them with varying degrees of success, since a lot of them will say that VA is the client, and not you (which is true). In that case you can have your POA get it from the VA side of things. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted June 21, 2021 HadIt.com Elder Share Posted June 21, 2021 If you been diagnose for anxiety and depression or ptsd, Remember we can only have one MH Condition , If you get depression service connected and rated then you should have some secondary conditions to file, if you have insomnia secondary to chronic pain 10% you might want to ask your VA PCP or your Private Dr. for a sleep study to see if you have Sleep Apnea, if you do file that as a secondary claim to your depression or your insomnia if you get diagnose for the Sleep Apnea and require a C-pap machine medically to use each night you get the Sleep apnea claim secondary that's a 50% rating. But you would need a sleep study ....you might be surprised you have it and it and the C-Pap machine could save your life one day/night. if you get depression s.c. and rated or ptsd? you can also file the sleep apnea claim secondary to your depression or ptsd one or the other but not both. Link to comment Share on other sites More sharing options...
0 Moderator pacmanx1 Posted June 21, 2021 Moderator Share Posted June 21, 2021 This rating seems to be low, prior to me being granted for sleep apnea, I am service connected for both insomnia and depression. Due to the fact that you have insomnia the VA should have considered other symptoms with your disability. I am not talking about filing a claim for secondary conditions. I am talking about symptoms that should have been considered with your insomnia/depression claim. I feel that I am an overall nice guy but with my insomnia, I get irritable and moody, not that I start yelling and screaming at people, but it is that I rather be alone and not bothered by anyone. When you have lack of sleep it begins to interfere with other part of your activities and the VA should have considered those symptoms. What does your reason and bases section say in your rating decision? Does it list all your symptoms? You can appeal if you feel you should have gotten a higher rating based on your symptoms. Link to comment Share on other sites More sharing options...
0 Berta Posted June 21, 2021 Share Posted June 21, 2021 Did they rate the " chronic pain" with a percentage? Did they give you any C ^& P exam for the anxiety depression? Can you scan and attach here their decision to include the Evidence list? Cover your C file #, name, address prior to scanning it. seminoles 1 Link to comment Share on other sites More sharing options...
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RMF
I submitted VA disability for anxiety and depression but awarded 10% insomnia secondary to chronic pain.
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Berta
Did they rate the " chronic pain" with a percentage? Did they give you any C ^& P exam for the anxiety depression? Can you scan and attach here their decision to include the Evidence lis
pacmanx1
If you are referring to a private C & P exam (LHI, QTC, VES), it will take some time. No need to review a blank DBQ. You need to review your actual C & P exam to determined what was the C &
john999
Get a private shrink to review your file and write a letter for you. There is a format for doing IMO's you can show to your doctor so he gets it right. It is a matter of buzz words and phrases. You
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