drago Posted February 17, 2022 Share Posted February 17, 2022 (edited) Hi Everyone, Been gone a while as I had to let everything digest and get comfortable in my own mind before posting to thank everyone for their help over the past few months. A brief refresh... I was in a vehicle accident about 40 years ago. Another soldier was killed in the mva, and I was busted up a bit. I struggled for a long time with mental issues related to the accident as well as some physical issues. On top of that, the base and range I worked on were chemically contaminated with all kinds of things from radiologic elements to agent orange and some biological agents. Went to VA for a hearing test, and ended up on the first and second rounds rated with: PTSD/TBI/AUD 70% Kidneys 60% Bladder 20% Headaches 0% Tinnitus 10% Denied for: Hashimoto's Disease (Thyroid) Spinal issues On the third round about a year later, my VSO and I put in for hypersomnia, high cholesterol (as a result of kidney issues), high blood pressue, and ischemic heart due to the chemical exposure. That triggered a new round of complete re-evaluations via C&P exams that spun me right out of orbit, as I basically spazzed and saw VA "conspiracy" all through it, because it's hard to relive all that happened and that got the better of me. So it was a VERY dark few months. But with the help of folks on here, with a special shout out to brokensoldier, pacman and GBArmy (and some prozac), I got through most of the appointments ok, and ultimately ended up with denials on almost everything (hypersomnia, cholesterol, bp, and back). Even though I had an ischemic heart appointment with xrays, ultrasound and dr. appointment, they deferred it, and are seeking a "redo". New ultrasound, new xrays, and new dr. appointment. I have pushed back a little on the xrays, as I don't want more radiation, but probably will end up getting them anyway. BUT since they did complete re-evals, my headaches finally got acknowledged accurately at 30% which put me over the top to 100%. Also, they deemed me permanent and total. As much as the benefits etc are great at 100%, and P&T means I shouldn't have to relive this anymore, it was hard to adjust to, because it is ultimately a group of medical professionals saying "you're broken and we don't think that will change". So, had some struggles with that. But I will say for anyone reading this, the VA counselor has been awesome, and once the psychiatrist got through to me that meds would be a help, the psych and meds have also gotten me to a better place. Not cured by any means, but not thinking daily of hurting myself, which is a big improvement. So... a hearty THANK YOU to everyone who shared knowledge and wisdom, and kind thoughts. Which leads me to hopefully my (hopefully) final questions... The ischemic heart was deferred pending new info. QTC was having a hard time getting it scheduled,spending over two months trying to get it done. In fairness to them, it was scheduled for January 24, but they had to cancel it due to the provider becoming ill. We tried to get together on a date, but my wife was travelling for work for 6 weeks, and I was going along, so QTC and I agreed to wait until I returned home in mid-March. They said they would take care of it with the VA. I called VA a week later to check, and the VA said they coudl see everything (cancelled appointment, attempts to reschedule), but they had no annotation I would contact to reschedule upon my return. They said they were glad I had called, as otherwise the claim would have dropped, and would have had to have been started all over. So my questions... Is it worth it to pursue the ischemic heart appointment? I'm already 100% P&T, so not going anywehere else, and I feel fairly certain it will be denied both because my condition is mild and could probably easily be claimed as age related, and also because there has not been an acknowledgement that the post and range were contaminated, at least not to service members. Local community people did get some sort of settlement. I know there are potential benefits to having the IH rating for on down the road, but I am worn out from all this, and just kind of need it to be over... If #1 answer is "not really worth it", can the claim just be dropped without repercussions? Would I just call the VA and say cancel it? If the answer to #1 is "yes", then should I also ask for higher reviews on the other issues as well? For example, I am diagnosed with hypersomnia (excessive daytime sleepiness, not narcolepsy, not "hyperinsomnia"), but in the denial, they denied me "hyperinsomnia" which is technically excessive inability to sleep I think. So it seems like the denial may be for the wrong condition. I do have a buddy letter from the civilian sleep doctor as well as multiple sleep study data saying it is definitely related to the TBI from the mva. From my point of view, I am ready for the VA stuff to be over, and I REALLY do not want to do something that would reopen me to C&P reevals. I'm feel very confident that they finally have me accurately rated except for the denials mentioned above, but I 1. don't want to relive the experiences again, and 2. it seems you never know with the VA and their contractors what the rater or provider will say. Thoughts from the group? And again, thanks to everyone for their help! Edited February 17, 2022 by drago Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted February 17, 2022 HadIt.com Elder Share Posted February 17, 2022 Hi Drago. Welcome back and glad you finally got 100% P&T. That said, I have had advise from a friend a long time ago which goes "the juice isn't worth the squeeze." Meaning: you are already at 100%; what are you going for? A SMC ? Coverage for CAD/heard; you said it is mild right? Personally, IMHO if you have little to gain but something to loose, why do it. Probably little risk to get knocked down in ratings, but what is the gain if you do try? cwatson 1 Link to comment Share on other sites More sharing options...
drago Posted February 17, 2022 Author Share Posted February 17, 2022 GB, That is actually my preferred answer... for some of the very same reasoning. Do you know if it is possible to just cancel the claim without repercussions? Link to comment Share on other sites More sharing options...
drago Posted February 17, 2022 Author Share Posted February 17, 2022 And I have to say also, not looking for any additional benefits or anything. It would just be to have it on the record cwatson 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted February 17, 2022 HadIt.com Elder Share Posted February 17, 2022 I never did it but I would just send a letter to the intake center saying you want to cancel/withdraw. It shoul show up in VA.gov fairly quickly. You also might want to call "Peggy" and be sure it is in the system. (I just call it "belt and suspenders." afterall, we are dealing with a bureaucratic monster called the VA.) In other words, if it is important to you and you can verify an action the VA is taking, do it. Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted February 17, 2022 Moderator Share Posted February 17, 2022 2 hours ago, drago said: We tried to get together on a date, but my wife was travelling for work for 6 weeks, and I was going along, so QTC and I agreed to wait until I returned home in mid-March. They said they would take care of it with the VA. I suggest that you think about continuing your claim for a heart disability for possible benefits for your spouse and dependent kids if you have any, but especially for your spouse. We have heard and read that even with P & T, the VA has denied and or delay benefits for surviving spouses. IMHO, you don't want your spouse to have to fight for their benefits after you are gone. You should try and make sure that if you pass due to a heart condition, it is service connected. 3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of death. 38 CFR § 3.22 - DIC benefits for survivors of certain veterans rated totally disabled at time of death. | CFR | US Law | LII / Legal Information Institute (cornell.edu) Vync and Rivet62 2 Link to comment Share on other sites More sharing options...
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