WAC-Vet75

Retiredat44, I just found out about something called Bioness L300 for footdrop, and the VA DOES supply it! I'm going to ask my Neuro about it, as the foot drop is getting much worse. Right now, all my symptoms are progressing at a rapid race, and I've been caught "off guard" by it. Thankfully, my Neuro changed my appointment to tomorrow, instead of the 28th!!!!

Half way through.... 1) claim development 2) rating board/decision stage 3) notification... you are at #2, half way through!

Since, at least, a few of us logged on and had another Veteran's information come up, you would THINK they would offer us some explanation. This is a serious security breech, and we do have a right to know how far this breech (glitch) extended. Was the site hacked, was it a glitch? Who saw my information? As a woman (not saying men shouldn't be concerned also), yes, I'm VERY concerned if someone was able to access my information and now knows where I live!

Retiredat44..... I learned about the cloneazepam by accident. I was prescribed them for anxiety, but they doped me up and put me to sleep. The night jerks (yep, I get them also) were so bad, I couldn't get sleep. I took a clonezepan, out of total desperation for sleep. My night jerks stopped. I didn't take it, and the night jerks came back. I told the Neurologist about it, and he said it made sense as they (clonezepam) were used for seizures! Your speech.....when you talk, do you feel like your speaking in a normal voice? I swear I am, yet people have difficulty hearing me most of the time. I get spasticity, then my voice is so hoarse, and have totally lost it many times. I think that is my greatest fear, losing my communication skills. What you describe, sounds soooooo much like what I go through. Most of my problems are on the left side also, and that's my dominate side. The spasm was so bad in my left leg, it pulled my left foot so far that it looked like the ankle was broken, now I have spastic equinovarus foot deformity (minor, could be worse). I am so sorry that they have been shuffling you around. Look up the McDonld criteria for MS, see if you fit the criteria. I know you don't want to have a disease, but the relief of knowing WHAT you have, does help. I just spent the last 10 years lying to myself. I blamed all my symptoms on anything and everything else I could. I tried very hard to prove the Doctors wrong, but I've been on a downhill slide for a little while now, and it's getting too difficult to find excuses. It was learning about the McDonald criteria, that finally made me face reality. I hope you get the answers you need, and please keep me abreast of how you are doing...... hugs to you!

Lmao.... I may just start telling people I'm in "the program"! I actually lived with someone who had been in "the program", and know enough about it to bs my way! That is WAY too funny..... thanks for the idea!

OMG, I thought I was the only one! I've been TDIU since 1993. I tell people I'm retired, and was good with investments. At one time, I was open about being a disabled Veteran, but then people would want to pry into the "reason" I'm disabled. I just couldn't deal with it. PTSD is something you don't "share" with someone who can't/won't understand. The MS hit me, but no one could tell, at first. When I started dating again, I had one man all but run out of the house, when he learned I had MS (guess he thought he could catch it from the air?)! Now, it's obvious something is wrong, as my gait is screwed up, but past experiences have taught me to keep quiet. Now, it's strictly a need to know basis. I can not tolerate pity, can't stand the "you look fine to me", or "at least you look great" (not legally allowed to slap the sh^t out of them), and have to watch out for those that are knowledgeable, concerning benefits, who want to take advantage. Yep, there are those out there that look for us (disabled Veterans), in hopes that they can benefit off of us! You also have the IDIOTS that feel we are all scamming off the Government, or those that feel we are "lucky" not to "have to work".... ugh!

Amazing how a Government site could be so screwed up! Not cool finding out that the security is so poor. I should NEVER have been able to view another Veteran's information and now am very concerned about who could be viewing my information. Pay information gives financial institution......can financial institutions be changed via the website? I feel this is a major breech of security.

I just went to ebenefits to check on my claim.... Somehow, without logging in, I was able to go to "claim status", noticed that the dates were wrong, then looked and saw I was signed in as Dennis Houser, NOT me, and the claim is in Philadelphia, NOT where I live, nor where my claim is pending! I wonder if someone is presently accessing my records.......

Can't blame me for hoping... seems jbasser is right, your VSO is an idiot. I try to give everyone the benefit of doubt, and you just confirmed I was in error this time..... Your VSO needs to go back into training, or at the very least, READ the CFR!

If, you receive 100% for your depression... you are eligible for SMC for 100% plus 60%. 38 CFR 3.350 states disability(ies)... You do not have to have ONE single 60% rating, and I sincerely hope you just misunderstood your VSO, otherwise he/she is giving out incorrect information. "Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, " As long as the other disabilities are separate and distinct, and involving different anatomical segments or bodily systems... you would be eligible for SMC(s). If you are 100% under TDIU, with the additional 60% (same restrictions), you are also eligible for SMC(s).

Hamslice.... do yourself a BIG favor, seriously, get help. I have OCD, and you CAN "pass" it onto your children. Both of my children have to have things "even", things have to line up, my son goes even further, and can not tolerate humans or animals that are not symmetrical! It takes time away from your life, do not let it go further. The VA never gave me any help with my OCD, and now, in my present condition, I can not keep my home how I NEED it to be. I feel like I'm being tortured, as I physically have to rely on others for so many things, and they do not do things the way I do it. Imagine seeing something out of place, and not being able to fix it. Get help! Do not allow them to just dx you, make them give you therapy, meds, what ever is needed to help you NOW.

Thank you for this thread. I do believe I'm going to apply. I paid for remodeling of my kitchen (I designed it), myself, never knowing of this program, nor did the VA tell me about it. I was looking to purchase a walk in bath, a gate for my stairs (main area I'm afraid of losing balance at), and some way to get laundry facilities on my upper level (I have a bilevel, main floor is upper level). In the house, those are my main concerns as I was most careful in "me proofing" my living quarters. I HATE having to rely on my daughter to do my laundry, being able to do it myself would help restore some of my independence, and pride. Hmm, an intercom, to call for help would also be a plus, as with my MS, I tend to lose my voice.

It's been my experience that NPs are more compassionate, listen more attentively, and don't take the "I know more about your body than you do" attitude, that many MDs do. I had been seeing a NP for years, until his own illness took over, was transferred to a MD. I told the MD I believe I had a stroke, explained the systems to her, and she sent me to a friggin eye Doctor! Turns out, after my Neuro ordered a new MRI, I DID have a stroke. Now, except for my Neurologist (who is AWESOME), I request NPs, if available.

I was finally dx'd with MS back in 1997, and I was able to have it sc because I showed the signs back in the 1970's. The VA has come a LONG way in their treatment of MS'ers, but you have to get a Neurologist that actually listens (usually difficult to find in the VA system). I just recently, 2010, got a VA Neurologist that I like, listens to me, and actually seems to care. I stopped going to the VA or anyone, for that matter, for 10 years 1) out of an intense dislike for my VAMC's Head Neurologist (left a sour taste in my mouth for all Neurologists) 2) Denial that I had MS (took me longer than most to finally accept it). I know the testing is a royal pain in the a$$, but let them do what ever is needed to figure out exactly what you have, then take an active role in your treatment!! Times have changed and you are allowed to be active in your treatment!

There is another issue, some of us older Vets are experiencing. Years ago, we weren't permitted to view our VA medical records. They would actually LOCK them up, when you had to hand carry them to clinic (remember?). Some of us were actually diagnosed with diseases, and never even told about it! I was dx'd with collagen vascular disease, back in 1977, NEVER told, NEVER treated. It wasn't until after I was dx'd with MS in the late 1990's that I discovered the 1977 diagnosis. I had no idea what collagen vascular disease was, there was nothing in the rating system for such a disease, and eventually learned it was actually Lupus (SLE). It was a civilian Doctor that dx'd me with Lupus, in the mid 1990's, but I didn't know it had already been diagnosed in 1977! There are still many older Vets who have no idea that they are now permitted to view their medical records! This, to me, is medical malpractice. These same Vets may now be "rediagnosed", never knowing that they may have been diagnosed decades earlier, and that it should have been service connected from the start. I am presently claiming my Lupus, but how many other of my comrades are being denied, because they didn't even know of their diagnosis? Previous RO, and BVA claims/cases show that they had, in their possession, the 1977 hospital records, and not one picked up the diagnosis. I try to let all the older Vets know that they can view their medical records, that they can order copies of their old medical records, and that they need to review them!

I saw this "advertised" at the VAMC, and really should have looked into it more. I travel 2 hours, ONE way, to my VAMC, and the trip kills me. I spend the next day , sometimes 2 days, totally exhausted. I do believe, for now on, I am going to request this benefit!

I believe they put a good deal of weight on the occupational/social functioning, as many Vets rated at 70% receive an extra schedular evaluation of TDIU! The requirement for 100% under mental health includes such things as hallucinations, psychotic thought process, etc., which many 70%'ers do not suffer from, BUT due to their PTSD, anxiety, etc., their occupational functioning IS severely impaired.

Unfortunately, H.R 6238 died. I took basic at Ft McClellan. They really do need to do a study on everyone who served there. Seems quite a large amount of women who were stationed there, have developed cancers, autoimmune diseases, suffered miscarriages, etc.

DC 9327 is listed under mental disorders, DC 8045 is under Neurological disorders. Was the rating for DC 9327? The above BVA decision could well be used in argument for OBD to be ruled under TBI! What I stated before was referencing DC 9327, as a mental disease. I believe the VA would have a well founded argument, based on 38 CFR 3.350 "separate and distinct and involving different anatomical segments or bodily function." Now, someone who had a stroke AND PTSD, the two are separate and distinct, as one is mental, and one is physical. 38 CFR 4.130 "Organic mental disorder, other (including personality change due to a general medical condition)" The general medical condition, rated separate from DC 9327, would be separate, but two mental conditions, IMO, does not meet the "separate and distinct" criteria.

I already checked there.... nothing shows up. I also did a search under Federal Appeals Court, and a few others. I need more information, so that I can hit the law library, if need be.

You have to file a NOD (Notice of Disagreement) with the VARO. I would suggest that you check out this link http://www.benefits.va.gov/warms/bookc.asp Go to the rating section for your disability, and see if you meet the higher rating.... you can also go through and see if there are any other ratings that could be included with it!!

True, it may have to be decided by CAVC, but the more information gathered, in respect to what the VA could present, the better of a case that can be presented on our end. Rakkwarrior, is the best source for us, as he knows what the VA has quoted in past in situations. Seems the issue we have brought up, has not been addressed, and it is very possible that it could be settled, favorably, at a level prior to BVA, if presented in such a way (a well founded argument) that each law/regulation, that could possibly be cited in respect to the claim, is intelligently/rationally refuted, legally, according to the laws/regulations. The RO would have to seek guidance in such a matter, and thus it could be resolved at that level. Do I expect that of the VA, NO, but one never knows!!! The only way to know if the before mentioned case was referencing this exact issue, is to read the entire case. More information, such as Court, Docket number, etc., is needed to find that case, and I'm hoping Rakkwarrior has the needed information!!!!

Hey, I tried it!!! I called the 800# and told them, "it's my money and I want it now"! The person on the other end of the phone replied, "I want it also"... apparently it was the wrong 800#!

Rakkwarrior, could you please give more information concerning Stezel v Mansfield, so that I can review the actual case? If, that case was not actually referencing the issue we have raised, then it holds no weight in this matter. A Veteran can have NUMEROUS disabilities, none of which would qualify for TDIU, but would allow for 38 CFR 4.25 to continuously be used. A Veteran with numerous 30%, 20%, & 10% ratings, does not meet the basic requirement for TDIU, yet even if the present combined rating reaches 100%, any additional ratings would still be subject to 38 CFR 4.25, until he/she has a qualifying rating(s) for TDIU or a schedular 100% rating. Here is an example: Veteran is rated for the following: DC 5301 L 30% DC 5301 R 20% DC 5305 L 30% DC 5301 R 20% DC 5307 L 30% DC 5307 R 20% DC 5310 L 20% DC 5310 R 20% DC 9440 30% DC6502 10% DC 6514 30% DC 6522 30% DC 6354 20% DC 6260 10% DC 6204 30% DC 7000 30% DC 7700 10% DC 7800 30% face DC 7801 30% arm DC8018 30% Not one would quality for TDIU, all the above ratings would only afford a maximum rating of 100%, with any addition ratings, that don't qualify for TDIU or 100% schedular, also being combined to still only reach a maximum of 100% ! IF, such as this example shows, is what the Veteran in question was requesting, then yes, 38 CFR 4.25 must be used, according to law/regulation. Added up, it would be (not including bilateral factor, as this is part of 38 CFR4.25) 480%, but using 38 CFR 4.25 would be a combined rating of 100% I have seen Veterans with a page full of 10%, 20% and 30% ratings, but they did not qualify for TDIU, and the combined rating is 100%!

Rakkwarrior.... You have gained a LOT of respect from me, I am so very impressed, bravo to you! I had to fight a reduction,just a few years ago, 2007, due to the VA NOT sending me out that nasty form. I learned that there were many TDIU Veterans who never received their forms, that year. I find the forms to be demeaning, depressing, and not necessary, as they have access to IRS to check for employment. It's bad enough that I am not physically capable of finding a job to suit the "requirements" of my disabilities, but to be reminded each year that I am not a productive member of society, in terms of "earning capacity", SUCKS! I have been P&T for many years, there is no way in h3ll that my conditions are going to improve, and other than an accident, will be the cause of my death (which I informed them of, since they don't seem to get that part). Hopefully, in 2 years, they won't send me out that form anymore.... some how, I have a feeling that form will continue to haunt me! BTW, ah.... if you happen to have a job available that can work around my disabilities.... I'm your woman! lmao