Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Just Filed Today

Rate this question


holdingontohelp

Question

Hi!

If you didn't see my newbee post, my name is Aimee.

I just seperated from the Navy after 6 great and 3 not so great years.

I filed with a DAV today.

My issues are my back (one of the joints right by your spine)

and mental health. (What I believie to be Service aggervated MMD and

service connected GAD)

The DAV didn't seem to have too much to say as far as me having

a good shot at getting anything. Just said he's send the paperwork off

with my SMR and that I should hear from the VA in 3-6 months.

Luckily I had a MH eval just before I got out, (from a civ p-doc)

plus I had plenty of records from a BMC from a few years back, so I have

established DX's.

Now, while I'm here waiting, is there more I can do?

ANd how are the chances of me needing to get a C+P?

I'm very new to this whole thing, so except a lot of dumb questions (even though they told

us there were no dumb questions...)

Thanks!

Aimee

Also, would I need a stress letter? Or is that just for PTSD?

Edited by holdingontohelp
Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

Aimee- did you file your claims within one year of discharge?

Also did you get a copy of the 21-526 thing that the DAV filled out or did you fill it out? (The actual claim form- many pages)

I would suggest that you read my blog on successful claims-

let me know if it doesn't come up .

Sounds like you have some great evidence-

I would if I were you buy some manila folders and some colored sticker tabs and sort out your evidence as to SMRs, the BMCR stuff (that might well help if you are claiming PTSD), your DD 214, your service personnel records if you have them, and then separate and tabs in files any medical evidence you have to support your claims.

At any time you can send them pertinent evidence-

say in a cover letter it is in support of your claim and make sure your name, address, c file number (when they give you one) or SSA number is on anything you send.

I use the mailing address stickers that come with donation requests.

Is everything in your claim?

I sure would put anything in it that could possibly be due to your service.Especially all things that were documented with DX in those records you have.

WHat makes a claim succeed is 1. documented diagnosed disability

2. evidence of "nexus"-

meaning the link to your service.

Are you still in touch with your unit if you need any buddy statements? Like a witness statement to any event?

I have a Buddy Statement blog here too.

I hope the BMCR matter was successful for you.

I had the DAV years back and they were very negative (I am a civilian widow of a vet) said my claims would not succeed but they did.

You might have a good service officer but he is probably overworked if he is good and a veteran has to do all they can themselves to succeed with a VA claim.

Thank you for your service!!!!

I am glad you have come aboard here-it is the best place in town for good VA claims help!

Also I would check to see it the VA has received this-

did you mail it or did the SO?

I advise sending everything to the VA certified or Priority with tracking slip.

Link to comment
Share on other sites

Thanks so much for replying!

I have been reading Hadit! for six months or so, so I knew I was in for a good fight!

I just got out in June (12th) so that part should be ok.

I would have like to have started the process before I got out (you can do

part of it before hand now, not filing, but getting stuff ready) but my seperation

was kinda last mintue.

I did manage to get my Sup to write a letter stating that I had a very hard

time opening up to people, isolating, ect, and I'm so glad I did.

My 1st enlistment was 1995-1999. I didn't file, and went back into the navy after

only a few months. LONG story,lol.

Came back 2000-2005. Admitted to mild depression, as I had my 1st enlistment.

I was a teenager, no big deal.

Then around 2002, I pretty much started sleeping 16 hours a day, my eating was

out of control (eating disorder).

I had a clearence, thought for sure I was gonna get kicked out.

Instead I was put on anitdepressants that probely saved my life.

Then went to my last command. Thing was, there were only 10 military there, and

I guess I don;t have to tell you how much people get into your business at a command that small.

So next thing I know, people sit there and watch me everytime I eat. Funny thing is, I'm

not even underweight.

As my eating got better, my anx. increased to the point were I was put on another anitdepressant.

And I beleive part of why I was denyed reenlistment had to do with GAD.

I was DX'ed with a GAF of 60, and right in the report the p-doc

said something to the effect of being denied of continuing my service because my command

considered me "risky and unpredictiable".

Besides getting hit by a car in 2003 while riding my bike to work (determined to be the line

of duty, so at least my back is covered) I'm not sure if I can pinpoint GAD neuxs's.

I'll look though my SMR and see if the doc's said anything of interest.

IF I can read thier handwriting, that is!

Thank you all SO MUCH!

I will look at everything you guys suggested.

Even before I posted this, months ago I knew Hadit! would be a great place to

come for whatever I needed.

Edited by holdingontohelp
Link to comment
Share on other sites

  • HadIt.com Elder

Holdingon

I think you have a good chance of getting SC for anxiety and depression because you have a history of being treated in service. You were diagnosed with these disorders it seems and even given a GAF. You were denied reenlistment because of this so the military can't deny you have a record of these disorders in service. They may try and say you had the conditions prior to service but that does not matter since your service aggravated these conditions and they accepted you as able bodied and you completed your first enlistment. I think the main risk is of getting low balled on % of disability. The VA is pretty liberal at handing out 10% ratings for everything from PTSD to schizophrenia.

Link to comment
Share on other sites

  • HadIt.com Elder
Holdingon

I think you have a good chance of getting SC for anxiety and depression because you have a history of being treated in service. You were diagnosed with these disorders it seems and even given a GAF. You were denied reenlistment because of this so the military can't deny you have a record of these disorders in service. They may try and say you had the conditions prior to service but that does not matter since your service aggravated these conditions and they accepted you as able bodied and you completed your first enlistment. I think the main risk is of getting low balled on % of disability. The VA is pretty liberal at handing out 10% ratings for everything from PTSD to schizophrenia.

Ammie,

Sounds like you got lots of good advice. The only thing that I would add is on the back injury. Everytime I see my primary doctor the first question they ask me is if I have pain right now. Then they ask me to rate the pain on a scale of 1-10. I always say yes and say that it is related to a neck injury. I am not service connected for the neck injury and already get 100%. The truth is that my neck injury kicks my ass from time to time. If you do not tell them you are in pain they might make the mistake of thinking that you recovered from the injury in the service.

Also, I would consider the possibility that the depression and GAD were secondary to the bike accident. Be it a PTSd type of situation or secondary to physical pain caused by a chronic back injury. My neck injury totally changed what limited ability I had to function with my other disabilities. I just keep finding that as time goes on my ability to function inrequires a class of activities that becomes smaller and smaller. I do not think there is any way to combat this reality. I guess if the pain gets bad enough they will operate on my neck.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

Hi, Hoppy!

Yeah, I generally can't ride in a car for more then a half hour without

my back hurting. The other side of my back seems to be trying to compenste

for it, and there's pain raditating down my leg.

I just read on the board about a vet with a purple heart getting only 10%!

Now, I'm not trying to get rich here. I can work, and when I do find a place to

live, I'm getting a job.

I just want to be able to afford to pay for my meds, maybe some therapy.

I called my former Sup today, and he's sending me a "buddy" letter in ref. to

my social "disfunction" and other mental stuff, so I'm sure that will help my case

at least a bit.

Now, a civ P-doc rated me at a 60 GAF.

Am I worng in assuming that a C+P will most likely happen?

the 60 GAF was on a "normal" day, not even my worse day.

For any MH questions, do I answer like I would if I was unmedicated?

Not that it may even matter by that time, I already have to cycle my meds

around to keep them working.

Thank you all for all the great suggestions!

Link to comment
Share on other sites

I think I may have found a lot of different nexus's for the GAD

(MMD preexsiting).

But the one that upset me the most..

When I got help for an eating disorder, my PCS orders got changed

at the last mintue.

When my new command got my orders, there was all kinds

of rumors about why they had gotton changed.

I just said it was a medical thing.

Now, this was a small command, everyone in each other's business.

One day my chief just came right out and asked me.

The main reason why I told him was kind of a saftey device for me.

like me saying, hey, if I lose/gain a ton of weight, please do something.

And I never thought the convo would leave the room.

But, it did.

So here I am, trying my hardest to build some social support for myself,

while everyone had already writen me off as crazy.

Talk about a reason for isolation!

Not saying this is anywhere near what some of you went though,

but could this have played a role?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use