"Per Aspera Ad Astra..." 3 of 3
- Aaron X.
- Apr 27, 2024
- 15 min read
Updated: Jun 15, 2024
Part 3: The worst of times...
Correspondence between me and my lawyer from the dates 7.27.2022-8.15.2022:
From: Aaron Henton
To: David Ashe
Written: 7.27.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
Your law firm represented me in a case for Veterans Affairs Disability compensation in 2019 with the result of 10% based from tinnitus. I have updated information that may effect the outcome if this case were to be reopened. I was wondering if you would consider representing me again as I proceed forward in the attempt to recoup the disability compensation based on cue. In the 2019 claim, the psychosis was accepted only for treatment purposes based on the service connection window. I feel there is a new angle to service connect the insomnia, depression as well the more psychotic episodes as secondary to an already service connected disability. Please feel free to contact me at 757-513-1050 or at my alternate e-mail hi_im_aaron@outlook. Thanks and hope to here from you soon.
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 7.28.2022
Subject: Regarding VA Disability Law
Aaron,
I am glad for your email. I remember everything about your case and I always enjoyed communicating with you. However, I do not think I’ll be able to assist further. I think there is a chance your case could be at a hard-stop due to the ROTC issue. My expertise is helping show the VA the correct medical documentation to approve claims. In your case, there is an eligibility issue that is outside my expertise.
I’m very sorry and I wish I could assist further. I wish you the very best with all of your endeavors.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Bea ch, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 7.28.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
Thanks for your quick response. In this attempt I'm going to lean away from the ROTC claim and into the already diagnosed tinnitus. I read a case where the veteran was granted an insomnia and depression service connection secondary to the tinnitus. I feel that would be the best angle to service connect my already diagnosed depression and insomnia. Do you know of any other law firms that would be interested in picking up this case?
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 7.28.2022
Subject: Regarding VA Disability Law
Aaron,
You’re on the right track. Tinnitus can absolutely result in depression and anxiety that can be rated. Do you know if you are eligible for tinnitus? I thought the VA confirmed you are not eligible for any disability benefits?
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 7.28.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
In the last claim we were able to get the 10% service connection for tinnitus. My current diagnosis as of last week with an appointment with my Psychologist Dr. Wootten are insomnia and depression. If you can recall, there was a psychosis denial that was on the last claim in 2019. I think this opens up an avenue to attribute these as secondaries with the casuality stemming from the tinnitus. A nexus letter from my primary care or my Psychologist would probably make this cut and dry. It seems to me to be the path of least resistance in my attempt to service connect my current psychological and physical maladies. I may be hospitalizing soon due to the stress from lack of sleep and being bed-ridden. Please consider this approach, I'm kind of at wit's end with this matter.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 7.29.2022
Subject: Regarding VA Disability Law
Aaron,
I think you might have something there. You’re right, the VA is denying SC for the musculoskeletal conditions due to the ROTC technicality. However, as the VA often does, they have determined that certain sections of your service are eligible for disability ratings and that includes tinnitus.
Approach Summary:
You were denied for psychosis in Aug 2019. You were denied service-connection for psychosis due to an eligibility determination by the VA. However, now several years later, mental health professionals have helped you understand more about your mental health. Though you experienced psychotic episodes, your providers believe the primary diagnosis is adjustment disorder which means depression and anxiety due to chronic discomfort and concern about health. Tinnitus can have severe impact on mental health and I’m sorry the impact on you is so severe.
We should file a Supplemental Claim for adjustment disorder. However, we’ll need an updated examination and have the examiner complete the appropriate VA form. We’ll also need a nexus letter which means a statement in which the examiner confirms the condition resulted from military service or is secondary to another condition, such as tinnitus.
Do you have a doctor who can do this examination? I can connect you with a mental health provider, Dr. Millett. She charges a $350 examination fee but she is excellent and has a strong reputation with the VA. Let me know if I can provide you with more details to connect with Dr. Millett.
Also, I’ll need to re-enter my appearance as the lawyer. Attached are the forms I need to re-engage.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 7.29.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
I will be in touch. I'm going into the VA due to the tinnitus insomnia and depression. I am havimg suicidal ideations. I will provide you with my exit diagnosis when I return.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.08.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
I am back from the hospital, I had another depressive episode that lead to suicidal ideations. I was not given an exit diagnosis due to leaving AMA and am unsure about my current diagnosis on medical record. I feel that utilizing a VA medical professional for the examination would be in my best interest due to my current financial limitations. While hospitalized, I was provided an anti-psychotic; however, I still was experiencing the electrical hum and the musical ideations. My psychologist stated that the initial diagnosis of schizoaffective may have been a symptomatic confusion with depression with psychotic features. I do not know how well this will play out pushing the claim with the adjustment disorder since this was never officially diagnosed. From the already service-connected tinnitus I will have that paperwork done by the end of the week to get the ball rolling. Should there be any further issues you can contact via this e-mail, my alternate e-mail hi_im_aaron@outlook.com or by phone at 757-513-1050.
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 8.11.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
I spoke with my psychologist today. My current diagnoses are tinnitus, insomnia, and depression. When it comes to this claim and specifically the depression, if granted service-connection what will the effective date be for benefits purposes? I ask this because my first episode that lead to hospitalization is documented in 2014 on record due to a suicide attempt from hearing that hum and music resulting in the schizoaffective diagnosis and the 2019 claim decision denial of service connection for "psychotic disorder" to include depression, anxiety, mood disorder, adjustment disorder, schizoaffective, bipolar psychosis and ptsd. Would re-opening this claim with the new evidence of the psychotic disorder more specifically, the depression being secondary or aggravated by the tinnitus and insomnia increase the chances of getting the benefit date backdated to 2014 or 2018? In this claim, there was a 0% pseudofolliculitis decision. Would re-opening trigger a re-examination of this? Also, would a new claim need to be put in for the insomnia secondary to tinnitus?
My phone may be getting cut-off soon due to inability to pay the bill and my housing situation is waffly at best. I will update you should either unfortunately occur. Is there away to expedite the claims process?
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.11.2022
Subject: Regarding VA Disability Law
Aaron,
I’m glad you have a doctor who can help us. Attached is the Disability Benefit Questionnaire (DBQ) for the doctor to complete. Also, we need the doctor write a short nexus statement. The nexus statement is a short letter from the provider confirming your depression and anxiety results from severe tinnitus.
Depression Anxiety - Depression and/or Anxiety is often a secondary result of chronic pain and concern about health and income.
Provided here is the criteria the VA uses to measure the severity of your mental health condition. If you have the majority of these symptoms, that can be 70%. Fewer symptoms and less severity can result in 50% or 30%:
--You struggle with severe impairment with relationships in a social or occupational setting.
--Racing Thoughts. A strong persistent presence of dark memories or dark thoughts and you have trouble blocking them out. As a result, the constant presence of these racing thoughts prevents you from sustaining concentration.
--Severe impairment with judgment.
--Severe mood instability.
--Suicidal ideation.
--Intermittent periods of illogical or irrelevant speech.
--Near-continuous panic.
--Trouble independently engaging in activities of daily living.
--Neglect of personal hygiene or appearance.
--Inability to maintain relationships.
--Impact on Employment - You have avoided certain jobs or opportunities knowing you had limitations due to mental health.
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From: Aaron Henton
To: David Ashe
Written: 8.12.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
My psychologist did state he is not authorized to write a nexus letter; however, I will attempt to get the funds for the doctor you had recommended. Another issue, due to my mounting bills as well as unstable housing situation don't I meet the criteria for the expedited claims? I will be headed that way to drop that paperwork off today so we can get the ball rolling.
Thanks,
Aaron X. Henton
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From: Aaron Henton
To: David Ashe
Written: 8.12.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
The attached document is the paperwork you had provided for completion: contingent fee agreement for veteran disability legal services in compliance with 38 CFR Section, authorization to disclose private personal health information, VA form 21-22a 2x pages, VA 21-0966. I think this is all of the documents that are needed from me in order to allow representation in this matter. Could you provide me a timeline for follow-up and face-to-face appointment to smooth the anxiety. Again, I feel that it is of the utmost importance that we get the depression and the insomnia linked secondary to tinnitus. My medical records should back this up and from there it goes to percentages. In my opinion, a disability increase to 70% is reasonable. Should you need to contact me for any further matters or clarification on the paperwork feel free to do so at any time. I feel this time we have a better angle and an already service-connected issue that links the depression and insomnia.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.12.2022
Subject: Regarding VA Disability Law
Aaron,
I will connect you with my go-to mental health provider. When we file, I’ll request expedited processing.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: David Ashe
To: Aaron Henton
Written: 8.12.2022
Subject: Regarding VA Disability Law
Aaron,
Thank you for your efforts on the forms. I will connect you with my go-to mental health provider this week. After your telehealth examination with Dr. Bronwen Millet, I’ll use that examination report to file the appeal. After we file the appeal, we will likely receive a decision within about 150 days.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.13.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
Is the appeals window still open for the 2018 claim?
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.14.2022
Subject: Regarding VA Disability Law
Aaron,
Which specific health condition? We can always appeal but an appeal more than 12 months after the RD will not connect back for the purpose of backpay. But again, any condition can be appealed for SC or for increase at any time.
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From: David Ashe
To: Aaron Henton
Written: 8.15.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Aaron,
I see it the same way, the VA should have connected you sooner. However, let’s do it as a multi-step. That is, first we will obtain SC for adj disorder then we will ask the VA to connect it as of the initial filing. As for follicle disorder, do you think it will face the same obstacles as the leg claims? You may want to file for the follicle disorder and if denied, we’ll know more about where the VA stands on that.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.15.2022
Subject: Regarding VA Disability Law
Mr. Ashe,
Are you saying that there is no appeal's window? Is there a specific way you must appeal outside the window other than under cue? Could you clarify what steps you are going to take in this matter? Is there a good time that you can be reached either by phone or in-person, preferably in-person?
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.16.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Mr. Ashe,
The adjustment disorder is the depression correct? The insomnia as well as the follicle disorder are both diagnosed. The service connection for insomnia from the tinnitus seems viable with the new evidence. There is also more documentation from my last hospitalization about the follicle disorder and documentation in service while in Afghanistan. My end goal is an atleast 60% disability compensation increase to 70%. I feel this is possible with the cumulative rating factoring the depression and insomnia secondary to tinnitus and possibly the granted service connection of the follicle disorder. For the time being, I will be on stand by.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.16.2021
Subject: Roadmap for Increase - Connecting with Dr. Millet
Aaron,
Exactly. Adjdisorder is the depression that results from chronic discomfort. We should not overload this. I’ve had cases in the past where we had only tinnitus and we were able to gain some altitude using the tinnitus-to-adjdisorder strategy. Let’s get SC for the mental health condition and then go for others.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.19.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Dr. Ashe,
The depression and insomnia are already documented, are my primary diagnoses, and have been my most disabling conditions since my break from service in 2012. From a logical perspective, it seems like that would be the path of least resistance linking service-connection as a direct result of the service-connected tinnitus. It seems that this way an outside opinion would be unnecessary do to the new evidence but I'm sure you will review that when my medical records are provided.
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.20.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Aaron,
I only wish it were the case. Our approach on mental health is purely secondary to the tinnitus. Previous filing were focused on psychosis and also on parts of your service the VA has disallowed. We need a new examination which shows your condition remains severe and we also need the nexus statement by the examining doctor.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.20.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Mr. Ashe,
The definition for VA purposes of psychosis for the purpose of establishing eligibility to treatment and as stated per the claim submitted on 2020 is still currently being addressed as an open issue. This was frustrating to me because they service-connected for treatment but not for disability compensation stalling my life for another year resulting in monetary loss as well as more psychological and emotional distress. It does state in the rating decision dated 02/03/2021 that the first diagnosed occurrence was on August 26, 2014 and the delimiting date for that service was August 26, 2014. Does this mean that had the first diagnosis being 1 day prior to this event that this would have service-connected this malady and compensation would be backdated to this date?
Also, in the 08/01/2019 claim under the representation of the VFW service-connection was denied for psychotic disorder (claimed as any mental condition to include depression, anxiety, mood disorder, adjustment disorder, schizoaffective disorder, bipolar, psychosis, and post-traumatic stress disorder(PTSD). In bullet 5, paragraph 2 of this claim it states: "In order for VA to grant service connection, you must have an event in service, a current diagnosis, and a nexus or link connecting your current diagnosis with your military service". I feel now, that with this case in mind we meet the criteria with the service-connection of the tinnitus warranted from military occupational specialty(42 romeo) consistent with military noise exposure.
Thank you,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.21.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Aaron,
I appreciate your thoughts on this. I do not see a connection back to any previous filing. On one hand, this is an appeal, however, we are asking the VA to re-characterize your mental health as adj disorder secondary to tinnitus. Any reference to previous theories of service-connection should be discarded. There will only be a path to the date of filing. I do not see a way to connect even to the 2021 filing. I share your objective of maximizing our position. The only path is to obtain a new examination and nexus letter regarding adj disorder secondary to tinnitus. Backpay probably as of the date of the filing. A good path to increase but I don’t see a path to a lot of backpay.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.23.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Mr. Ashe,
I am not diagnosed adjustment disorder so where does that fit in on this claim? Also, wouldn't any other claim where mental health issues were subsequently denied be connected for effective dates or backpay purposes?
Thanks,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.23.2022
Subject: Roadmap for Increase - Connecting with Dr. Millet
Aaron,
The adjustment disorder claim will not connect back to prior claim dates. The only viable path I see is to assert adjustment disorder secondary to tinnitus.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: David Ashe
To: Aaron Henton
Written: 8.24.2021
Subject: Roadmap for Increase - Connecting with Dr. Millet
Mr. Ashe,
If the adjustment disorder doesn't connect to previous claims and it is not my diagnosis why would we go that route when in my last two claims there were mental health issues which didn't service connect. My already diagnosed depression and insomnia secondary to tinnitus as aggravation would seem like the most logical course of action because it's the truth. Putting the claim in as adjustment disorder sets it for failure from a psychological perspective because that isn't, wasn't, and will not be my diagnosis. My medical records reflect this as I've hospitalized multiple times since my break in service with suicidal ideations caused by a ringing in my ear that causes musical ideations leading to sleepless nights and depression, documented to 2014. With the new evidence, I feel the service connection should be granted. I have seen a case similar to mine where insomnia and depression were linked secondary to tinnitus. It is a quick read if you search for that specifically.
My diagnoses have varied since than and most medical professionals failed to take into consideration my MOS being 42 romeo an Army bandsmen and the probable connection of the musical ideations due to the amount of hours of practice also the nature of our duties and also the quality of living expected as a part of the depression.
To reiterate I have not been diagnosed by a psychologist or psychiatrist with adjustment disorder why would this be placed in the claim? My current diagnoses are depression, insomnia, and tinnitus which is already service connected. Isn't that enough to work with for service connecting the depression and insomnia secondary in a stand alone claim or appealing with new evidence connecting the mental health issue expressed in the previous claims as a result of the tinnitus.
Very respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.24.2022
Subject:Conclusion of Communications
Aaron,
I’m glad we gave this a try but I will not be able to assist further. You’re a really good guy who has had a bad turn of health as well as frustration from the VA. I think you have your footing and you know the approach you want to make with the VA. I wish you the very best.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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From: Aaron Henton
To: David Ashe
Written: 8.25.2022
Subject: Conclusion of Communications
Mr. Ashe,
Thank you for your services. Do you know of any other law firms that will be willing to take on this claim?
Very Respectfully,
Aaron X. Henton
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From: David Ashe
To: Aaron Henton
Written: 8.25.2022
Subject:Conclusion of Communications
Aaron,
I’m sorry, no. I wish you the very best.
Semper Fidelis,
David B. Ashe, Esq., Alperin Law PLLC
500 Viking Drive, 2nd Floor, Virginia Beach, VA 23452
757 490 3500 Fax 757 233 3600 david.ashe@alperinlaw.com
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All in all this ended in Dickensian mediocrity with lackluster result, fighting... I subsequently re-filed and was granted service connection; however, only back-dating 1 year. The collateral damage to life itself unknown, being encased in the husk of a life worth living; mainly in part due, to something that can't be quantified...time...but with all things healing comes with just that. Per Aspera Ad Astra...
~Aaron X.