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Harm in calling the VA?

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drago

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Hi All,

I’m new to the VA system and new to the forum so please accept an apology in advance if I’m doing this wrong.

In a nutshell, I’m 57 years old, and received a VA rating of 70% for PTSD, and a subsequent rating for TBI for injuries that happened in the Army 35 years ago. The TBI is lumped in with the PTSD because they say it is hard to say what is PTSD and what is TBI. The rating was given just over a year ago when I was 56.

I was under the impression that since I was over 55 years old, the rating would be “locked”, and would not be revisited/re-examined/re-evaluated unless I asked for an increase. 

I have a claim that is progressing for hypersonia that a civilian doctor diagnosed and said is “definitely” related to the TBI. QTC robo called and said to get in touch with them to schedule an appointment. When I called them back, they said the appointment is for a re-eval for the PTSD and TBI, and did not mention hypersomnia. 

I can’t find anything that says that PTSD/TBI is an exception to the age 55 rule, but perhaps I misunderstand that rule. So two questions I’m hoping someone can help with: 1. Does the re-eval seem correct? I read somewhere in my research that upwards of 35% of VA re-evals are not required and are actually mistakes. And 2. Would there be any harm in calling the VA to talk it through? I also read that the VA “writes EVERYTHING down” and I don’t want to create extra problems for myself with a phone call.

Ultimately, I’m not opposed to a re-eval, as overall I’m in worse shape than I was a year ago, but going through the process of recounting things led to a bad few days, and I simply don’t want to do it again if not necessary. Also, I had a bad experience with the TBI evaluator not reflecting what I actually said, and that’s concerning for this re-eval.

Thoughts from the group?

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On 9/24/2021 at 2:06 PM, drago said:

Thank you both.

Have either of you, or anyone, ever left notes with the examiner? Kind of a written confirmation of what was said?

I have left medical records with a contract examiner. You bring what you think they don't have and they are supposed to send it in to get it scanned into your file. Some will gladly take them and read them and some will not. 

I had some records and an IMO from my ortho doctor that I showed to the examiner. She glanced at them and gave them back to me. I made sure I left them by her computer when I was leaving so she would either have to read them or shred them.  The IMO was already in my file because it was sent in with my HLR claim. I wanted to make sure the examiner actually read it. My claims all got granted so who knows if the info I left helped or not. 

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On 9/24/2021 at 2:09 PM, brokensoldier244th said:

Notes with? No, but I took notes and went through a quick summary of them before going back out the door. You can see completed C&Ps on MyHealthVet (if they are VAMC exams) within a few days to a few weeks (depending on how fast the examiner does the report). If they are contractor exams you may or may not be able to get them- but your VSO can- they can log in and see the same stuff we do. 

They put a 30 day hold before they release C&P exams done at the VAMC now so you can't see them for 30 days on myhealthevet. I had an exam done a couple of years ago at the VAMC. I logged in to view it a few days later only to see a note saying that the results would be held for 30 days. Of course my claim was completed and denied before the 30 days were up!

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Just found my sleep study. My AHI was 19.1 per hour and when they gave me the CPAP it went down to 1.6 per hour. They want to keep it under 5 per hour.  What's funny is that the CPAP also changed my sleep architecture. Before the CPAP, I never went into REM sleep. When they put the CPAP on my I finally had some REM sleep. 

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brokensoldier244th: Thanks! Exactly what I was looking for.

deedub: Thanks. I think I'm going to make all my notes on the copies of the original exams and take them along for reference. I'll offer to leave them with this examiner, and he can take them if he likes.

Reviewing the docs is interesting, as I'm surprised by the lack of detail in them. The TBI eval was bounced back for more info by the VA, and even the second additional review (which I attended) did not have a lot of additional detail, and much of what I said was left out. Lots of check boxes left unchecked, such as endocrine problems. My throid blew out about 4 years after end of service. Specialist I went to at the time looked at blood work and immediately asked if I was in the Army. I asked why he asked, and he said if they see a male under 35 for hypothyroid, it's guaranteed they were in the army. "I don't know what they do to you guys, but it takes your thyroid right out"...

Also, and this I hope someone can comment on this. Both reports have inaccuracies as to what I said. I don't think they are material to the findings but I A.) don't want trouble because it would be alleged I lied, and B.) some of it is painful and I would just like the record to be accurate.

For example, one report describes the incident and says I was cleared of wrongdoing at trial. That is incorrect. I was cleared in the investigation phase and never went to trial. Like I said, I don't think it matters in terms of do I have PTSD/TBI, but it's inaccurate and frankly painful. I'll correct that with these new folks hopefully. Like I said, I just don't want to be accused of lying.

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