Chronic Pain Claim

[tk123456789]

Hello, I recently made a VA claim for chronic pain due to my already existing 10% rated service connected left knee injury. I am waiting to hear back with a decision, I had the C&P and think it went ok.

My question is, since I have filed a chronic pain claim, is it possible to file for other things like PTSD and/or MST? I was speaking with a company that helps veterans and they told me I can't file a claim for PTSD or MST since I filed a claim for chronic pain which falls under mental health. 

[Rattler]

I have been diagnosed with fibromyalgia in 1992. And chronic pain by some other docs along the way.  I did not read the link posed because I am working off motel internet. I would take some digging to get the chronic pain dates.  So say you had the following SC injuries.  Right Wrist, Right Shoulder, Right Knee,  Left Knee, and left & right hips. Does the VA rate them altogether or each one for chronic pain.

tk123456789

 

Welcome to hadit.com 

Our Founder Tbird and my self have PTSD due to MST. You are in good safe company hear.   Tbird is no longer active on the form. If you find the need PM any one of us.

This is one of her blogs that I think you will relate to.

https://www.hadit.com/my-anxiety-like-sitting-naked-on-the-freeway/#gsc.tab=0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[tk123456789]

Hello Rattler thank you for the link and the kind words. 

I guess my next question is, since I recently just filed the claim for chronic pain is it better to wait until I get a decision and possible rating for that before I send in a claim for PTSD and MST?

[Guest]

You should never wait to file a claim IMO.  The longer you wait the longer you are not getting the benefits you should have.  If you wait 3 more days you will miss another month.  

You can Start the claim today and you have 1 year to file it.  If you have your paperwork together or not then you should file the claim.  

 

I missed out on years of benefits because I though oh I must have all the health issues for no reason.  or I need to suck it up!

[brokensoldier244th]

All it’s going to do is add time and another likely exam, whereas the chronic pain and ptsd can be looked at in one go if you do it now. 

[broncovet]

I agree with Shrek.   If you are a mult Billionaire, the wait as long as you want to file, or never.  

However, for the rest of us, our retro (based on effective date)  will almost never be earlier than the date applied.  

File EARLY = More Retro

File Later  = Less retro.  

Each month you delay, if awarded 100 percent (and I have no idea what your award will be), will cost around $3300 per month.  How many months do you want to throw away $3300?  10 months is about $33,000 or about enough to buy a mid size sedan.  

You get paid for a full month or none of the month..no partial month.  So, if at all possible, get your application ASAP.  If you can, hand carry it to VARO today, and ask them to stamp it.   If VARO gets it on Monday, May 1, that is one month less retro than today.  

Also, you posted:

Quote

So the VA won't look at the diagnosis from the chronic pain and then try to reduce the rating if their diagnosis of the PTSD or MST is less severe?

Im not gonna post the regulations again, but 38 CFR explains that there are only special circumstances where you cang be reduced.  https://www.law.cornell.edu/cfr/text/38/3.344

Mostly, unless you committed fraud (no, IM not accusing you), the VA can only reduce you if you have a temp rating or if YOU "actaually improved under ordinary conditions of life".  

Mostly, the VA does not "revisit" old decisions, just like the courts dont put criminals on trial for the same crime over and over, until they get a conviction.  

[brokensoldier244th]

45 minutes ago, broncovet said:

I agree with Shrek.   If you are a mult Billionaire, the wait as long as you want to file, or never.  

However, for the rest of us, our retro (based on effective date)  will almost never be earlier than the date applied.  

File EARLY = More Retro

File Later  = Less retro.  

Each month you delay, if awarded 100 percent (and I have no idea what your award will be), will cost around $3300 per month.  How many months do you want to throw away $3300?  10 months is about $33,000 or about enough to buy a mid size sedan.  

You get paid for a full month or none of the month..no partial month.  So, if at all possible, get your application ASAP.  If you can, hand carry it to VARO today, and ask them to stamp it.   If VARO gets it on Monday, May 1, that is one month less retro than today.  

Also, you posted:

Im not gonna post the regulations again, but 38 CFR explains that there are only special circumstances where you cang be reduced.  https://www.law.cornell.edu/cfr/text/38/3.344

Mostly, unless you committed fraud (no, IM not accusing you), the VA can only reduce you if you have a temp rating or if YOU "actaually improved under ordinary conditions of life".  

Mostly, the VA does not "revisit" old decisions, just like the courts dont put criminals on trial for the same crime over and over, until they get a conviction.  

Generally, we don't. I don't look at older decisions on a regular claim unless it somehow impacts whatever the current contention might be (secondary) or, IU/Housebound/A and A. Otherwise we pretty much stay in our lane. RFE (requests for examinations) is still a thing, but highly reduced, because the computer sets the date 2,3,5 yrs out from when you get rated but now it comes to one of us for review before it just kicks out an exam letter. Keep in mind if I am looking through things for 1 contention and I find something egregiously incorrect (good or bad) I have to kick it up to a rater or quality to be reviewed to make sure the appropriate regulations in M21/38CFR were applied correctly- that's what I'm doing now on the subproject that I am working on. 

If we look at your PMR (private medical- if you have submitted- we don't just have access to that) or Capri (VAMC stuff) and you haven't improved, we cancel the exam. We aren't doctors but it doesn't take whiz kid to look at a range of several months or a few years of VAMC record, CFR38 Part 4 (ratings schedule), your current rating, and connect the dots to see if there has been a serious and sustained improvement over time and not just a 'good day'.

Edited April 28, 2023 by brokensoldier244th