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jessejames

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About jessejames

  • Birthday 02/22/1948

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  • Service Connected Disability
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  1. jessejames

    Dic Question

    If he dies from Liver Cancer and is NOT rated as service-connected for Liver Cancer by the VA, you will NOT be eligible. If you haven't done so already, you need to file a Claim with proof from a Doctor that his Liver Cancer is related to the other cancer...don't wait, the VA ONLY pays DIC if death condition is service connected "in your case", because you do NOT met the other requirements of time (10 years at 100%).
  2. The VAMC re-filled my Hypertension medicine with a different brand last Nov. This brand was made by a company which was not FDA approved (according to an e-mail I got from the FDA). I did not know anything at the time exept that my blood pressure went from being under total control for years to a sudden 160-170 over 110-120 for about a week. I began having headaches and called the VAMC who told me not to come there (I am s/c for Hypertension) I was told to go to a local ER, where I sat for 5 hours only to be told by a little barely English speaking lady DR that she did NOT now how to bring my blood-pressure down, so I left there as I came in with very high blood-pressure. Found out later, they did KNOW how to bill my Blue Cross, but I called the Hospital Director and he did take off my Deductible, but NO apology! then went to the VAMC where I was told, " we cannot monitor EVERY medicine the VA buys, we only make sure sure it is the least expensive we can get." After talking to the Director of Pharmacy, she did agree to refill my medicine with a different BRAND medicine, she did tell me that my meds came from the central Pharmacy in Murfreesboro, TN and there was nothing they could do to specify that I not get the medicine that did not work again. Well, last week on my re-fill, here comes the same non-working medicine. Called the VAMC, after waiting approx 45 minutes to speak to a NURSE (who turned out to be a Dr) I explained that I had been listening to a "Recording" over and over and over while waiting on the VA line...the message was to be extemely careful about the "Silent Killer" - Hypertension, make sure your meds work etc etc, I told the Doctor I didn't want to go to bed and meet that "Silent Killer" talked about in the VA message...explained that my Hypertension s/c and was granted as secondary to my PTSD and that during nightmares and panic attacks at night, I had been taken to another ER several times over the years with my Blood Pressure at stroke level...fortunately each time at this othe ER, they KNEW how to get my BP down. This Doctor at first gave me the same spill as the others, nothing can be done, you must take whatever the VA gets at the cheapest price, in this case 1/2 cent a pill less than the one that worked. He finally relented and called someone higher up somewhere in the Pharmacy and they agreed if I called this Nurse each time approx 3 weeks before my Prescription was due, they would special-order the medicine that worked. I thought I could get my Congressman to take care of the problem, but he was no help...actually agreeing the VA must purchase the cheapest medicine they could find. Guess who will be on my list of Letters to Editors etc when the next Election rolls around! What a crazy run-around over a 1/2 cent margin for a necessary medicine, but the VAMC Director can re-decorate his Office costing thousands of dollars. What a system we have been put into after our usefullness is gone, and the ordinary citizen thinks the VA is "there" for veterans! God Bless our Vets, our Government doesn't!
  3. If anyone has been increased from TDIU to 100% schedular and then have your rating reduced from 100%, I would suggest you keep this Court Case showing it WAS illegal for the VA to increase or change your TDIU rating. The Regulation states the reasons for changing a TDIU rating and one of those reasons is NOT to CHANGE you to 100% schedular. http://www.ll.georgetown.edu/federal/judic...ons/97-7049.pdf "When the RO awarded the veteran individual unemployability, 38 C.F.R. § 3.343© (1978) prohibited its termination except upon a showing by clear and convincing evidence that the veteran had regained his ability to be employed. When the RO in its rating decision of January 1981 amended the veteran’s award by assigning a total schedular rating as directed in DVB Circular 21-80-7 (Sep. 9, 1980), in place of the individual unemployability award, the RO violated § 3.343©, because it did not establish by the necessary Collaro v. West file:///C:/data/HOOKER/fed/97opinions/97-7049.html 4 of 9 12/14/2004 9:33 AM "clear and convincing evidence that the veteran had regained his ability to work."
  4. By law the VA is supposed to consider EVERY Benefit you would be entitled to under your claim, so they should have automatically considered TDIU with the ratings you got(" The personal Trauma was rated @ 70%") ...considering you were not working...
  5. The VA has NOT taken Oxycodone off the Formulary, I get 120 pills per month. As of 1-20-2009 http://www.pbm.va.gov/natform/VA%20Nationa...UARY%202009.xls I was on the Morphine Sulphate before switched to Oxycodone..it is cheaper for thee VA and did NOT work at all for me, plus it made me so constipated that I was taking 3 different laxatives, fiber etc with still no results. Oxycodone did give me some constipation, but I eat 1 small cup of Activia per day and everything works now. I would insist on continuing Oxycodone, show them this Jan 09 VA Formulary which shows Oxcycodone has not been discontinued, I was told personally by the Chief of Pharmacy at my VAMC that the VA MUST buy the cheapest drugs available and would not be accountable if the drug was ineffective and harmed someone. In Nov my Hypertension medicine was changed to a medicine manufactured in India by a Company which had all kinds of negative reports from the FDA, even the FDA said the medicine they gave me was NOT FDA approved, later into an investigation, a higher up FDA Official e-mailed me that it was FDA approved...but who does one believe??? But, since the medicaton did NOT work for me, it sent me to the local ER upon advice from the VA ER, with stroke level blood pressure. After I insisted on a different brand medicine, and taking it for 2 days, my BP went back to normal. The VAMC was totally unconcerned saying they could not monitor medications they buy, and folks speak so badly of socialized medical care, could it be worse???????
  6. I think all the Lipitor, Crestor, Tricor type drugs can have the side effect of muscle cramps with certain people, but one may work without having that side effect with a particular person where the other does. It wouldn't hurt to try one of the others, Doctors will usually try you on another one if the one you've taken was causing this. I'm not saying this to YOU, but we ALL need to learn that the Doctor is a person just as you are, do not be afraid to TELL them what you think. Some have the big head because of the Degree, you don't have to get nasty with them, but let them know it's YOUR body and you know best about how you feel physically!
  7. I hope no one experieces what I did in Nov of last year. I have been service-connected for Hypertension for over 16 years and have a total of 170% s/c conditions. I have taken the same Blood pressure medications for over 10 years with controlled Hypertension. For a long while I ws receiving the brand name medication Accupril form the VA, but in my refill in Nov, the pills were the same color, shape and size of the name brand so I did not notice any difference. But, I started having headaches which I attributed to a sinus infection for which I had taken anti-biotics and the infection was cleared, but the headaches continued. I have 2 daughter-in-laws who are registered nurses and one happened to be visiting for about a week since she has been doing "traveling nurse" for about a year. She took my blood pressure and it was 163 over 113, which for ME is almost stroke range. She checked it for 2 days and it remained high. I called the VAMC Nurse and she suggested I go to a local ER since the VA ER would be "FULL". I went to the local ER and my pressure was sky high, but the foreign barely speaking english doctor after a 5 hour wait told me she did not know how to bring my blood pressure down and suggested I go to the VA. Meanwhile, I had checked my medicine and it was NOT genuine Accupril, it was a look alike made in India in a small factory that had NUMEROUS violations for rat infested facilities, not putting appropriate amounts of medications in it's generics, and using a peanut flour FILLER in a drug which had made several people allergic to peanuts sick! I called the FDA and asked if this medicine made by Dr Reddy's Laborities was FDA approved for the USA, this is the answer I got: There is no listing for approval in the Orange Book for a generic quinapril made by Dr. Reddy's Lab. Joan Powers Consumer Safety Officer Division of Drug Information Center for Drug Evaluation and Research Food and Drug Administration Phone: 301-796-3148 Generic Accupril is Quinapril! I went to the VAMC Pharmacy and after MUCH discussion was allowed to speak to Chief of Pharmacy who told me the VA did NOT have time to monitor the medicines it purchased and they were required to buy the very cheapest medicine they could find. She also said they could NOT change medications for just one veteran based on how it affected that one veteran. I was so upset I thought I would have a heart attack, I guess she sensed how mentally and physically upset I was, they had me set down and gave me a shot to lower my blood pressure. Then she suggested they give me a different brand of Quinapril by a different manufacturer which i took and after my pressure went down from the shot, I left. After 2 days on the medication, my blood pressure was back to normal and has been ever since. What bothered me was she said that I might recieve the SAME non-FDA approved prescription on the next refill and there was nothing they could do to stop that from happening. Based on advice from the VA, I paid a $150 private insurance deductible to go to the private ER for a service-connected condition, they did nothing, and charged my insurance $400. They also wanted to do a catscan, but I refused. Fellow vets...check your medicines from the VA carefully, if any least sign of something not's right, call somebody...I don't know who to call, the VA don't care, your Congressmen don't care, just do what you have to do! The VA is a dangerous world and nobody, NOBODY gives a @@@@!!!!!!!!!!!
  8. Pete, I sent you a e-mail message, but will post here also for everyone who may need to see it: I just read your problem with Niacin. I had the same problem for a long time, but the VA Formulary has a Time Release Niacin...it's called Niaspan. I take 1000 MG EVERY night and can absolutely NEVER tell I've taken it, it has NO side effects, the flushing and redness is GONE. I guarantee it will work for you and the VA supplies it. I take it and Tricor 45MG for Tryglycerides...never had ANY problem with Chloresterol except bad Chlorestrol was too high, this combination or Tricor and Niaspan has lowered my bad chlorestrol and taken my Tryglercides down from 650 to betewwn 100-150 (acceptable), I have use these 2 prescriptions for years with no problems at all. I had my first Colonoscopy 3 days ago, for those who have been putting it off, you need to do it if you are over 50, I will be 61 on Feb 22. I can testify that it is nothing to it. I was all clear, NO polyps, so no exam for another 10 years. If there is any thing unpleasant at all, it is doing without food the day before the procedure and drinking the almost 1/2 gallon of liquid prep the night before, and it's not bad...you drink 8 ounces every 10 minutes. Mix in the morning and start at 6 pm drinking it, if you keep putting the next 8 oz glass in the freezer when you drink each one, it is much easier to drink chilled real cold!
  9. Spec 4 is a "technical spot instead of a Corporal", I NEVER saw one Corporal in my Army Ninth Infantry Unit...EVERY one was promoted to Spec 4 instead of Corporal, I was an M-60 Machine Gunner and on combat missions daily, from Spec 4, I was promoted to Buck Sgt E-5. As I stated, my Original DD 214 had NO CIB, NO Purple Heart, NO Air Medal, and NO Good Conduct Medal---I caught mine in time because I was buying a house shortly after getting out and noticed my DD 214, he wasn't as lucky, he never examined his DD 214 until this late date and now no-one wants to do their job in helping him get it straight. I suppose over 50% of DD 214's from Nam had mistakes on them originally, most vets didn't care, only wanted as far away from Uncle Sam as possible because of the treatment received when coming home.
  10. 11-XII-3 M21-1, Part VI October 28, 1998 Change 65 f. Review of Evidence (1) If a VA medical examination fails to establish a diagnosis of PTSD, the claim will be immediately denied on that basis. If no determination regarding the existence of a stressor has been made, a discussion of the alleged stressor need not be included in the rating decision. (3 SEPARATE VA Psychiatrists C&P Exams have establshed PTSD from current symptoms related to Combat Duty in Viet Nam as related by Veteran) Jessejames (2) If the claimant has failed to provide a minimal description of the stressor (i.e., no indication of the time or place of a stressful event), the claim may be denied on that basis. The rating should specify the previous request for information. (3) If a VA examination or other medical evidence establishes a valid diagnosis of PTSD, and development is complete in every respect but for confirmation of the in-service stressor, request additional evidence from either the Environmental Support Group (ESG) or Marine Corps. (See Part III, paragraph 5.14.) (The VARO has made NO attempt to contact the ESG and it is THEIR duty to do so, even though the Veteran has made attempts and still waiting for records from Miitary Corrections...we have PROVEN so far that at least TWO Medals were left off his DD 214 and Military Corrections has refused to correct this with a DD 215....Thye own the Game and the Rule Book is ignored without allowing any input from Veteran, similiar to the VARO.) Jessejames) (4) Do not send a case to the ESG or Marine Corps unless there is a confirmed diagnosis of PTSD adequate to establish entitlement to service connection. Correspondingly, always send an inquiry in instances in which the only obstacle to service connection is confirmation of an alleged stressor. A denial solely because of an unconfirmed stressor is improper unless it has first been reviewed by the ESG or Marine Corps.
  11. I only work with legit vets, as many claims that I have done...I know the right questions to ask before I waste my time. I've known this guy for 35 years and have known and tried to persuade him for a long time now to get help..it was only when his wife called and discussed secretly with me what was happening to him that I convinced him to go to the VA. For all those years, he had no use for the VA and I just hit him at the right moment when I asked him what his wife was thinking about his panic attacks, nightmares, flashbacks and most every classic symptom of PTSD. He broke down. We have not been able to get a corected DD 215 as of yet, the fact that the Military Records Corrections Center put in writing that he had never been awarded a CIB, an Army Commendation Medal, or a Good Conduct Medal when we had Records showing the Army Commendation Medal and Good Conduct Medal....I hope will make them NOW search for Unit Records for combat actions, as they should have in the beginning. I do not know why his CIB did not show up in his Records, but the Records actually came from the VARO and not the National Personnell Records Center as I said before. Anyone ever have a VARO mess with their Records??? It's a daily known accepted pratice from way back when I had Doctor's records changed, lost, misplaced etc. http://www.vawatchdog.org/08/nf08/nfoct08/nf101308-1.htm http://www.vawatchdog.org/08/nf08/nfdec08/nf120508-1.htm http://www.vawatchdog.org/VAshredderscandal.htm
  12. I am still doing a case where the Vet was 11B20 MOS entire service period, the VARO has rejected his claim for PTSD (Appeal to DRO was sent in immediately after Denial Letter) but I have found some good evidence, cases etc since I sent in his Appeal. The problem was the Military left his CIB, Army Commendation Medal, and also a Good Conduct Medal off his DD 214 and his DA Form 20 and Military Records Center did a "phony search" and denied he was awarded these Medals...mainly the CIB, (but we have the Orders and the actual Certificate for his Army Commendation Medal for performance against insurgent forces in hostile envionment, it was included in Military Records sent by National Personnell Center and they DENIED he was awarded it). The VARO says they cannot legally grant a PTSD claim without a Purple Heart or CIB on DD 214, (I know that's baloney), anyway the Senator promised to help with Military Corrections Center and all info was sent to him on 9/24/08--no answer yet. He was diagnosed by 3 VA Psychiatrists with PTSD related to self reported combat etc during his 1 year Infantry tour in Nam(this is just background, I will post the evidence that hopefully will help him and some others here later in my post). I have NOT sent any of this to the VARO yet, but I don't think it will hurt since they don't seem to be moving on the Case anyway, I really hate to send in additional evidence...but he is having problems with the PTSD symptoms and this wait game is not helping. Here is what I wrote in my concluding paragraph of the Appeal to DRO: "While there has been thus far no independent verification corroborating the veteran's personal participation in enemy attacks, the United States Court of Appeals for Veterans Claims has rejected such a narrow definition for corroboration and instructed that the VA, in insisting that there be corroboration of every detail, including the appellant's personal participation, defines corroboration far too narrowly. Pentecost v. Principi, 16 Vet. App. 124, 128 (2002); Suozzi v. Brown, 10 Vet. App. 307 (1997). Therefore, the Board finds, based on information from the Center for Unit Records Research, that the veteran was exposed to a stressful incident during service, specifically, being subjected to hostile enemy fire. The remaining question is whether the veteran has PTSD as a result of that stressful incident. The Board finds that the evidence does support a conclusion that the veteran has PTSD as a result of this stressful incident." In conclusion, the Veteran may be required to wait for the VARO to request his Unit Records corroborating his Combat Duty and Stressors and/or his corrected DD 215, but it is the opinion of this Advocate that the Veteran has already met the requirements for service-connection for PTSD in that the claim for service connection for PTSD is well grounded because the veteran has submitted a clear diagnosis of that disability; evidence of Stressors consistent with his combat service; and a nexus between his combat service and his diagnosed PTSD. 38 U.S.C.A. §§ 1110, 5107(a) (West 1991); 38 C.F.R. §§ 3.304(d), 3.304(f) (1999); Cohen v. Brown, 10 Vet. App. 128, 137 (1997). PTSD was incurred during wartime service. 38 U.S.C.A. § 1110, 1154(, 5107(a) (West 1991); 38 C.F.R. §§ 3.304(d),304(f) (1999); Cohen v. Brown, 10 Vet. App. 128, 137 (1997)" The evidences I hope to find useful are here: I. http://www.iom.edu/Object.File/Master/35/6...e%20meeting.pdf II. http://www.va.gov/vetapp97/files2/9717517.txt III. http://www.scribd.com/doc/6594026/New-Atlantis-Document IV. http://www.legion.org/veterans/affairs/ptsd# On June 18, 1999, VA published the final new rule amending the regulations concerning the type of evidence required to establish service connection for PTSD. The ruling states, "Where a veteran engaged in combat with the enemy, VA must accept as sufficient proof of service connection for a claimed disease or injury satisfactory lay or other evidence of service incurrence or aggravation of such disease or injury, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of the incurrence or aggravation of the claimed disease or injury." VA has amended 38 CFR 3.304 (f) to include that a combat veteran's testimony regarding the claimed stressor may be accepted as conclusive and no further development for corroborative evidence is required, provided that the testimony is "satisfactory" and consistent with the circumstances, conditions, or hardships of the veteran's service. Additionally, 38 CFR 3.304 (f) was amended to require that the medical evidence for diagnosing PTSD comply with the DSM-IV. These changes apply to all combat veterans who have filed a claim since March 7, 1997. V. http://cases.justia.com/us-court-of-appeal...80/1111/617307/ VI. http://www.ptsdmanual.com/suppev.htm (3) If a VA examination or other medical evidence establishes a valid diagnosis of PTSD, and development is complete in every respect but for confirmation of the in-service stressor, request additional evidence from either the Environmental Support Group (ESG) or Marine Corps. (See Part III, paragraph 5.14.) (4) Do not send a case to the ESG or Marine Corps unless there is a confirmed diagnosis of PTSD adequate to establish entitlement to service connection. Correspondingly, always send an inquiry in instances in which the only obstacle to service connection is confirmation of an alleged stressor. A denial solely because of an unconfirmed stressor is improper unless it has first been reviewed by the ESG or Marine Corps. VII. http://www.ll.georgetown.edu/federal/judic...ns/02-7346.html Section 3.304(f) of title 38, Code of Federal Regulations, entitled “Direct service connection; wartime and peacetime,” states: (f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below: (1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.
  13. I am doing a claim for someone now who was 11B20 entire service, 1 year duty in Nam, 3 VA psychiatrists diagnosis of PTSD related to self reported combat duty in Nam..CIB along with Army Commendation Medal and Good Conduct Medal left off his DD 214and the DA Form 20 showing all activities in service. VARO insists he MUST have CIB or combat action ribbon to grant s/c for PTSD. We have a Senator trying to get his Military Records (DD 214 corrected, but I have found several cases that may be helpful to you: PTSD based on Basic training http://www.va.gov/vetapp05/files3/0514803.txt In February 1995, the appellant filed a claim for service connection for PTSD, which he asserted began in 1968 as a result of basic training from June to August 1964. He said he was not treated for PTSD in service, and was first treated for this condition in 1968. He contended that during his basic training in 1964, he was humiliated by aggressive officers and sergeants who harassed him every day in a very brutalizing way. He said he was taunted and abused physically. He stated that he did not complain at the time, but now felt he was harassed and emotionally abused at that time, which led to his PTSD. In a February 2003 rating decision, the RO proposed severance of service connection for PTSD, on the basis that there was clear and unmistakable error in an October 1998 rating decision which granted service connection for PTSD without verification of the appellant's alleged stressors. The evidence is clear that the appellant has a diagnosis of PTSD based on non-combat stressors related to his basic training during his initial period of ACDUTRA. The appellant did not serve on active duty, and did not serve in combat. At the time of the October 1998 RO decision, the threshold evidentiary requirement was that there was credible supporting evidence that the claimed in-service stressors actually occurred, as required by 38 C.F.R. § 3.304(f) (1998). Service connection for PTSD is restored subject to the law and regulations governing the payment of monetary benefits. http://www.iom.edu/Object.File/Master/35/6...e%20meeting.pdf http://www.va.gov/vetapp97/files2/9717517.txt http://www.legion.org/veterans/affairs/ptsd http://cases.justia.com/us-court-of-appeal...80/1111/617307/ http://www.ptsdmanual.com/suppev.htm http://www.ll.georgetown.edu/federal/judic...ns/02-7346.html http://cryptome.info/0001/va102908.htm
  14. I have overloaded myself with local VA claims, currently doing 3 at once...it gets too my PTSD bad, but I hate the VA's mistreatment of especially my combat nam vet comrades. I have one who was denied TDIU because they said his former employer failed to return a Form they sent to them. The C&P Doctor explained PLAINLY that the vet was forced to leave his job on his own because of his heart attacks, cardiovascular disease, severe PTSD and the medications he was taking would no longer allow him to be safe driving an 18 wheeler for Fred's. Fred's told the vet they would not fill out ANY form for fear they could be held accountable for some of his conditions. I am basing his claim particularily on one statement made in the Denial Letter, it said "the VA has no proof he is unemployable". He is 60% cardiovascular, 10% Tinnitis, 10% scars from gunshot wound, 30% PTSD with a GAF of 45 and a great letter from VA C&P psychiatrist. He is drawing 80% now. He had filed for SSDI the same time he left work and now we have in hand his Award from SSDI going back to April 2006 (when he left work) the SSDI is plain that he is and has been unemployable for any job since April 2006 based on cardiovascular, ptsd and medications he takes for both. I want to see how the VA handles this letter from SSDI.
  15. It's been a long time since I went trough this, 1994, but seems to me I had to send an Award Letter to VA Insurance showing 100% P&T and also the NEW s/c condition under 2 years old...at that time my new s/c condition was hypertension cardiovascular secondary to 100% for PTSD
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