Loose Cannon

Nope...can't persuade me that it's a savings in any way, shape or form. Been waiting on a LARGE retro check from the VA since October 2012...other vets have waited longer than I. If we owe somebody $$ in today's society and take that long to make restitution, we'd be looking at a lawsuit or worse.

Same ole' story, but I do like your positive attitude. Trouble is, most vets don't have the luxury to sit back & wait on a big fat VA check while creditors continue to knock at our door demanding THEIR money...just sayin'.
LC

Nope...can't persuade me that it's a savings in any way, shape or form. Been waiting on a LARGE retro check from the VA since October 2012...other vets have waited longer than I. If we owe somebody $$ in today's society and take that long to make restitution, we'd be looking at a lawsuit or worse.

Same ole' story, but I do like your positive attitude. Trouble is, most vets don't have the luxury to sit back & wait on a big fat VA check while creditors continue to knock at our door demanding THEIR money...just sayin'.
LC

Nope...can't persuade me that it's a savings in any way, shape or form. Been waiting on a LARGE retro check from the VA since October 2012...other vets have waited longer than I. If we owe somebody $$ in today's society and take that long to make restitution, we'd be looking at a lawsuit or worse.

Same ole' story, but I do like your positive attitude. Trouble is, most vets don't have the luxury to sit back & wait on a big fat VA check while creditors continue to knock at our door demanding THEIR money...just sayin'.
LC

Great news...for those who live in Michigan. Here in NC, they will exempt the first $45,000 providing an application is filed with the state by the last day of the current tax year. So...when the VA takes 2 years (or longer) to complete a claim, THEN they backdate the award, NC disabled vets get screwed.
When I wrote my tax revenue office a letter asking that they return any taxes I overpaid for 2011 & 2012 they told me they couldn't under the current state law. I wrote to Senator Kay Hagen and informed her, one of her office workers told me to write to my state representative to get the law changed.
LOL...Just another reason why the VA backlog hurts us and must get fixed.

See what I mean? It's so difficult for others to get it. No disrespect intended to Carlie as she 's simply trying to help.
But many suffering with PTSD just don't feel much like visiting others, going to malls, the zoo, or much of anything for that matter.
At the risk of other's taking my opinion the wrong way (happens often so @&$ it!), I'm gonna press "post" anyway.
LC

See what I mean? It's so difficult for others to get it. No disrespect intended to Carlie as she 's simply trying to help.
But many suffering with PTSD just don't feel much like visiting others, going to malls, the zoo, or much of anything for that matter.
At the risk of other's taking my opinion the wrong way (happens often so @&$ it!), I'm gonna press "post" anyway.
LC

See what I mean? It's so difficult for others to get it. No disrespect intended to Carlie as she 's simply trying to help.
But many suffering with PTSD just don't feel much like visiting others, going to malls, the zoo, or much of anything for that matter.
At the risk of other's taking my opinion the wrong way (happens often so @&$ it!), I'm gonna press "post" anyway.
LC

82,
It's definitely a daily battle that I can very well relate to. PTSD sucks. Trying to deal with it sucks more. What's even more troubling is that so many people in the civilian sector just don't understand. Some are jealous that we are 100% and think we have made up our condition for monetary benefits. Each trip out in public is test of my patience. It has gotten so bad that it's just not worth the trouble and too much of a hassle.

I still attend my VA doc appointments and take the meds they prescribe but the feelings just don't get better. Every time some A-hole provokes me, I want to cringe. I've never been violent to anyone but am afraid someday if the wrong person pushes my buttons to much, all the anger will come out.

So, like you, I have resigned myself mostly to my immediate family. I just don't want any more confrontations! I guess they call what we experience "feelings of withdrawal"...but honestly, I prefer it. Just want to spend time with my dogs and other animals. I have a rottie and i call him my PTSD dog. Best friend in the world! He is very protective of me and seems to know just what I'm feeling if that makes sense. He has no formal service dog training but I swear, you'd never know it.

Why am I writing all this? Because I'm at a crossroad and torn in two directions. One says to keep fighting and try to get back to the "old me " of years ago. The other says, screw it...just buy a large piece of land someplace in the country away from the craziness of people and just live my life. Why continue struggling to fit in to today's morally bankrupt society where people just don't get me.

I have an upcoming appt. with my doc soon. About ready to tell the doc I've decided, like you, to disappear from society and start my life new somewhere else. I know this sounds horrible, but I wish I had lost a leg or something in Iraq. Anything but PTSD! Not looking for pity. Just want to show you that you are not alone in what you're feeling. I hear you brother loud & clear.
LC

Great point you bring up!
Not sure if it will work on (other than apple devices) but there's a great app called "Take-A-Hop" that I've found very useful. Perhaps they have an an Android op system compatible version out as well if that's your thing.
I've flown "AMC Space-A" several times and the savings can be amazing...Just make sure you can be flexible with your travel plans. Good luck and make sure to send us some pictures!
LC

That was a very silly comment...not taking your bait bro.
LC

infantry10, on 25 Oct 2013 - 4:58 PM, said:
That was almost exactly what my IRIS response was. Only difference was, they say my RO is taking around 9 months to complete on a average claim. Sounds like they send emails based on a script.
I found that if I ask for specific details in my IRIS they tend to give you a more accurate and detailed answer. Sometimes it may take 2-3 replies to their original IRIS answer but in the long run, I've been more successful at getting a personal answer rather than the "cut & paste" versions of what they try to dismiss our question with.
Stay on them until you get a satisfactory answer. That's thy the IRIS is there.

Not much to add but encourage all to read my posts under OIF/OEF Veterans...Meaningful change starts with us!
LC

An Overview on DIC for Survivors of Veterans



The death of a veteran spouse often brings more unique situations to the surviving spouse then a non veteran's death. Both types of deaths are as equally devastating and there is a lot to do in spite of dealing with the grief.

Many veterans here have already established a Death file . We have done SVR shows on this and there is discussion here at hadit as well on that. http://www.svr-radio.com/archives.html (May 5th and May 12th , 2010)
This file is a good place for copies of the DD 214/215, info on SGLI Life Insurance and other insurance policies, passwords the veteran uses that the spouse might need for paying online bills, and certainly for their hadit password, after they expire.
Also the Marriage license, birth certificates of the children, any divorce decree papers etc etc, VA award letters and SSA award letters, all should be in this special file .Many vets here already have the blank 21-534 form in their death files.

I have a large death file that contains my bank info, insurance policies, my will and Health Care proxy, passwords and even photos of where my septic tank lid is, where the well is, and how to turn the main power to the house and the barn off and on, photos of how the TV, and component cables are attached, and even a photo of how I set up my garden hoses to the main water line. As a widow, it also contains my VA Deed to the same plot at the VA Cemetery where my husband is buried. Also my file contains my signed statement that I am an Organ Donor. An advocate friend of mine has literally written a book for his wife when he dies, along with the important documents I mentioned above. Sometimes our spouses really don't know how to shut off water mains right away if a pipe breaks or how to change a blown fuse.The deed to the home should be in the death file too as it is one of many documents a survivor has to get changed,when their spouse has died.


If your spouse is an organ donor or has mentioned that in their wishes, if not formally recorded by their PCP or on their driver's license,or in their death file , the Organ Harvest people make that call within hours of death and the survivor needs to be prepared for it. Organ harvests involve an autopsy and this autopsy could end up being the most important evidence a survivor can have, regarding many DIC claims, as it will be far more detailed than the death certificate. Of course an autopsy almost always involves cremation.These are things we all need to consider in our lifetimes. And burial in a National Cemetery,for the surviving spouse, eventually ,means they need to know that if the deceased veteran has been cremated and rests in the Cremains section of the cemetery, then the spouse will need to be cremated too, to fit on top of the veteran's grave.

Also the VA as well as SSA (if the veteran receives SSA or SSDI, )should be informed ASAP of the veteran's death.

Often the coroner will ask the surviving spouse for any conditions that that veteran had in their lifetime that the coroner can not list as the immediate cause of death. If a service connected disability has contributed substantially to death, that should be put onto the death certificate by the coroner.Also the coroner will ask what medications the veteran was prescribed. A list of them should be put in the death file and updated as needed.

Death certificates are usually ten dollars each or maybe a little more. You might need more then you think.Also the Probate Court in your county can help with the various forms needed eventually for Probate and this is often a job you can do yourself,if the veteran died intestate (without a will).

When a Funeral Director is contacted , he/she will need the veteran's DD214, and any 215 if one was issued, and since they often prepare the Obit, you will want to think about what it should contain. I wrote my husband's Obituary myself.The funeral director checked it against his 214 and 215 and had it published verbatim.


If your spouse is being buried in a National Cemetery, make sure the Funeral Director and the VA knows of your wishes for a Military funeral:

http://www.cem.va.gov/military_funeral_honors.asp
http://www.cem.va.gov/burial_benefits/

The link to burial benefits does not include this information for surviving spouses of deceased service connected veterans as to burial expense and plot allowances here:

http://www.benefits.va.gov/BENEFITS/factsheets/burials/Burial.pdf





DIC: Dependents and Indemnity Compensation

The DIC application VA form 21-534 is here:

http://www.vba.va.gov/pubs/forms/vba-21-534-are.pdf

Although the form mentions if the veteran had ever filed a claim with the VA before,I suggest to note under Remarks, if there was a claim pending at time of death and the survivor should also fill out, sign, copy and attach (and refer to under Remarks) the Substitution form:

It is explained here:



You need to file the 534 and the Substitution form within one year after the veteran's death for any potential accrued benefits to be paid to you.

The EZ 534 is here:
http://www.veteransaidbenefit.org/forms/21-534EZ.pdf


An Accrued benefits claim must be supported with evidence as well as the DIC claim and they are handled as two separate issues with the VA.

Also I noticed that VA does not include the REPS application anymore along with the DIC app.

REPS Restored Entitlement Program.
My vet reps didnt even know what REPS was at all.
It can involve a considerable amount of money.
Here is the form that states which specific survivors are eligible for REPS:

http://www.vba.va.gov/pubs/forms/VBA-21-8924-ARE.pdf

After receipt of a DIC application the survivor will receive a VCAA letter that must include the Hupp decision.

As Military.com states:
"DIC is a monthly benefit paid to eligible survivors of the following:
Military service member who died while on active duty, OR
Veteran whose death resulted from a service-related injury or disease, OR
Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
for at least 10 years immediately before death, OR
since the veteran's release from active duty and for at least five years immediately preceding death, OR
for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999. “


http://www.military.com/benefits/survivor-benefits/dependency-and-indemnity-compensation.html
DIC is also paid under a Section 1151 death, as explained below,with a more detailed description of each type of DIC here:



1.. Cause of Death
“In order to establish service connection for the cause of a veteran's death, the evidence must show that a disability incurred in or aggravated by active service was the principal or contributory cause of death. 38 U.S.C.A. § 1310; 38 C.F.R. § 3.312(a). In order to constitute the principal cause of death the service-connected disability must be one of the immediate or underlying causes of death or be etiologically related to the cause of death. 38 C.F.R. § 3.312(b). In the case of contributory cause of death, it must be shown that a service- connected disability contributed substantially or materially to cause death. 38 C.F.R. § 3.312(c)(1). Service connection for the cause of a veteran's death may be demonstrated by showing that the veteran's death was caused by a disability for which service connection had been established at the time of death or for which service connection should have been established. Service connection means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred in the line of duty in the active military service or, if pre-existing such service, was aggravated during service. See 38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection generally requires evidence of a current disability with a relationship or connection to an injury or disease or some other manifestation of the disability during service. Boyer v. West, 210 F.3d 1351, 1353 (Fed. Cir. 2000); Mercado-Martinez v. West , 11 Vet. App. 415, 419 (1998) (citing Cuevas v. Principi, 3 Vet. App. 542, 548 (1992)). Where the determinative issue involves medical causation or a medical diagnosis, there must be competent evidence to the effect that the claim is plausible. Lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007).” This means that either a primary cause of death is listed on the death certificate, as cause of death, or that a service connected condition is listed as a contributing cause of death. http://www.va.gov/vetapp10/files4/1039644.txt For example, a death certificate of a non - AO vet lists NSC heart disease as prime cause of death but with diabetes as a substantially contributing cause. If the diabetes has been service connected, the survivor should succeed with the DIC claim, although it might take an IMO if the veteran had not pursued the heart disease as secondary to the diabetes. DIC Under 38 USC 1318: Governing Laws and Regulations for 38 U.S.C.A. § 1318 Claim: “Under 38 U.S.C.A. § 1318, VA death benefits may be paid to a deceased Veteran's surviving spouse or children in the same manner as if the Veteran's death is service-connected, even though the Veteran died of non-service-connected causes, if the Veteran's death was not the result of his or her own willful misconduct and at the time of death, the Veteran was receiving, or was "entitled to receive," compensation for service-connected disability that (1) was continuously rated as totally disabling for the 10 years immediately preceding death, (2) was continuously rated as totally disabling for a period of not less than 5 years from the date of his discharge or release from active duty or (3) was continuously rated as totally disabling for a period of not less than one year immediately preceding death, and the Veteran was a former prisoner of war (POW) who died after September 30, 1999. 38 U.S.C.A. § 1318 (West 2002 & Supp. 2012); 38 C.F.R. § 3.22(a) (2012). The total rating may be schedular or may be a total disability rating based on unemployability (TDIU).” 38 C.F.R. § 3.22(c). “The term "entitled to receive" means that, at the time of death, the Veteran had filed a claim for disability compensation during his lifetime, and the Veteran had service-connected disability rated totally disabling by VA for the requisite time period, but was not receiving compensation due to six possible circumstances: (1) VA was paying the compensation to the Veteran's dependents; (2) VA was withholding the compensation under authority of 38 U.S.C. § 5314 to offset an indebtedness of the Veteran; (3) the Veteran had not waived retired or retirement pay in order to receive compensation; (4) VA was withholding payments under the provisions of 10 U.S.C. § 1174(h)(2); (5) VA was withholding payments because the Veteran's whereabouts was unknown, but the Veteran was otherwise entitled to continued payments based on a total service-connected disability rating; or (6) VA was withholding payments under 38 U.S.C. § 5308 but determines that benefits were payable under 38 U.S.C. § 5309.” 38 C.F.R. § 3.22(b)(3). In addition, the term "entitled to receive" can mean that the Veteran filed a claim for disability compensation during his lifetime and one of the following two circumstances is met: (1) the Veteran would have received total disability compensation at the time of death for a service-connected disability rated totally disabling for the period specified in paragraph (a)(2) of this section but for clear and unmistakable error (CUE) committed by VA in a decision on a claim filed during the Veteran's lifetime concerning the issues of service connection, disability evaluation, or effective date; or (2) additional evidence submitted to VA before or after the Veteran's death, consisting solely of service department records that existed at the time of a prior VA decision but were not previously considered by VA, provides a basis for reopening a claim finally decided during the Veteran's lifetime and for awarding a total service-connected disability rating retroactively in accordance with §§ 3.156(c) and 3.400(q)(2) of this part for the relevant period specified in paragraph (a)(2) of this section. 38 C.F.R. § 3.22(b)(1) and (2). The Federal Circuit has ruled that § 1318 DIC claims are not subject to a "hypothetical entitlement" analysis. Rodriguez v. Peake, 511 F.3d 1147, 1156 (2008). See also Tarver v. Shinseki, 557 F.3d 1371, 1377 (Fed. Cir. 2009). In essence, under Rodriguez and Tarver, the amended regulation 38 C.F.R. § 3.22 does not have an impermissible retroactive effect, and it may be applied to bar DIC claims filed by survivors under the "hypothetical entitlement" theory, no matter when the § 1318 claim was filed. Simply put, there is no longer "hypothetical entitlement" to DIC benefits under any circumstance. Therefore, the state of the law is such that claims for DIC benefits under 38 U.S.C.A. § 1318 must be adjudicated with specific regard given to decisions made during the Veteran's lifetime and without consideration of hypothetical entitlement for benefits raised for the first time after a Veteran's death. See again Rodriguez v. Peake, 511 F.3d 1147 (2008). http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1327019.txt DIC payable under Section 1151,38 USC: Title 38 U.S.C. 1151 Claims
“Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability "as if service-connected." Don't be confused with this subtle difference. The disability is not considered service-connected. Under Section 1151, benefits may be paid for:
Injuries incurred or aggravated while receiving VA-sponsored medical treatment.
Injuries incurred or aggravated while pursuing a course of vocational rehabilitation under 38 U.S.C. Chapter 31 or participating in compensated work therapy under 38 U.S.C. 1718.
If eligibility is established under Section 1151, the disability is considered service-connected for payment purposes ONLY.
Eligibility Requirements
You must be a Veteran
You must have a disabling condition that is the result of or has been aggravated due to VA sponsored medical treatment or training
Evidence Requirements
As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have:
An additional disability or disabilities, OR
An aggravation of an existing injury or disease, AND
The disability was:
The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR
Not a reasonably expected result or complication of the VA care or treatment OR
The direct result of participation in a VA Vocational Rehabilitation and Employment or compensated work therapy program. “
http://www.benefits.va.gov/COMPENSATION/claims-special-1151.asp
In the case of a surviving spouse, it should clearly be indicated on the 21-534 form that this is a claim for death of the veteran due to negligence, under Section 38 USC, 1151.

This type of claim for VA negligence as the cause of the veteran's death will need probative medical documentation ,almost always in the form of a strong IMO, to support this type of DIC claim ,in order to provide a full medical rationale.
FTCA claims can be filed simultaneously with claims under 1151 for DIC, but any favorable FTCA award will be offset to the DIC compensation payable, until the settlement amount from FTCA is recovered by the VA.
DIC monthly amounts include that which is for any children under 18.
Also there is more info on that here:
http://www.benefits.va.gov/compensation/resources_comp03.asp
In some cases parents of deceased veterans are eligible for DIC and that info is here:
http://benefits.va.gov/BENEFITS/factsheets/survivors/parentsdic.pdf
Eligibility Requirements; what is a surviving spouse for VA purposes:
A surviving spouse may qualify for pension, compensation or dependency and dependency and indemnity compensation (DIC), if the marriage to the Veteran occurred before or during his service, or after his service if certain requirements are met. 38 U.S.C.A. § 1541; 38 C.F.R. § 3.54. Under the regulations, a "surviving spouse" is defined, in part, as a person of the opposite sex whose marriage to the Veteran meets the requirements of 38 C.F.R. § 3.1(j) and who was the spouse of the Veteran at the time of the Veteran's death. 38 C.F.R. § 3.50.

VA defines a "marriage" as a marriage valid under the law of the place where the parties resided at the time of marriage or the laws of the place where the parties resided when the right to benefits accrued. 38 U.S.C.A. § 103©; 38 C.F.R. § 3.1(j).

In jurisdictions where marriages other than by ceremony are recognized, marriage is established by the affidavits or certified statements of one or both of the parties to the marriage, if living, setting forth all of the facts and circumstances concerning the alleged marriage, such as the agreement between the parties at the beginning of their cohabitation, the period of cohabitation, places and dates of residences, and whether children were born as the result of the relationship. This evidence should be supplemented by affidavits or certified statements from two or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage including the periods of cohabitation, places of residences, whether the parties held themselves out as married, and whether they were generally accepted as such in the communities in which they lived. Marriage may also be established by any other secondary evidence which reasonably supports a belief by the adjudicating activity that a valid marriage actually occurred. 38 C.F.R. § 3.205(a).

In the absence of conflicting information, proof of marriage which meets the requirements of paragraph (a) of this section together with the claimant's certified statement concerning the date, place and circumstances of dissolution of any prior marriage may be accepted as establishing a valid marriage, provided that such facts, if they were to be corroborated by record evidence, would warrant acceptance of the marriage as valid. 38 C.F.R. § 3.205(b)
A surviving spouse should always try to find a good vet rep to help with the DIC claim.
Regardless of what the rep says they have sent in to the VA, the survivor should keep copies of everything , to include their filled out DIC form, and double check that VA has received everything they send.

VA will not allow us survivors to use ebenefits but the ebenefit section ( # 5 I think on the phone pad), after you call 1-800-827-1000 will give you a status from a VA rep if you can hold on the line for a while.

Office of Survivors Assistance VA...http://www.va.gov/survivors/
This office is an excellent resources for survivors who have questions that do not regard their DIC claims. For example there is info at this site on bereavment counselling available to survivors through the VA.They have a direct email addy as well at the site.
Hadit has had superb discussions here in our DIC forum as to all of the nuances of the DIC benefit and advice to many, as each DIC claim can be either a very simple one or can be actually quite complex.
Also Tbird has put an entire Survivors packet here:
http://www.hadit.com/veterans_dependent_survivor_package/veterans_dependent_survivor_package.html
Surviving spouses of veterans, even if they had been very involved in the spouse's VA issues, find there is a lot to the DIC process and will also learn that our motto here, Knowledge is Power, is what can sustain them and that knowledge can hopefully reverse any DIC denial they might get.
If the survivor is age 60 or older, (age 50 if disabled)they can consider receiving an early SSA survivors benefit:
http://www.ssa.gov/survivorplan/ifyou2.htm

I only wish that some of the above information was available to me long ago when I was widowed of a veteran. Grief can stop us in our tracks and even cause us to put off filling out the many forms and sundry paperwork that the death of a spouse involves. I even had many flashbacks as I prepared this article,because ,when I was newly widowed , I was dealing with a pre -internet VA, whose web site holds a wealth of info now, yet I did have the VBM by NVLSP and that gave me good direction for my initial DIC claim.
Also I advise to file for SC death under more than one theory if possible.
If one theory fails, than perhaps the next one will succeed.
That is good advice for any veteran claimant as well, to raise as many logical theories of entitlement ,as possible, to gain service connection.

Meghp0405 has added this important advice:
“Submit a VA FM 21-534ez for DIC claims. I've also submitted this form along with a VA FM 21-526ez, FDC. The response times that I've experienced using this process is around 90 days..

The DIC claims have been directed to the Milwaukee VARO. I've always submitted the applications right to that office instead of the local VARO. Saves some time..

hope this helps”

NEW VIDEO UPDATE: 1/232014

RALEIGH (WTVD) -- There are new developments surrounding the data breach at the Department of Veterans Affairs.

Now, it turns out that the breach the ABC11 I-Team first reported on last week may only be the tip of the iceberg when it comes to VA privacy concerns.

http://abclocal.go.com/wtvd/story?section=news/abc11_investigates&id=9403782

LC

I suggest getting a pack of manila folders, some highlighters and some tabs that stick on the folder labels.

Most of my claims have had multiple folders and I marked on the tabs what they hold.

You stated:
“I want this to be searchable and make sense “and PR had a good suggestion...keep it simple...

(I should talk, I have two file cabinets packed with VAOLA regarding over 2 decades of my claims as well as my husbands claims.)

Still it pays to keep it simple with anything you send to the VA.

Your new VSO is going to be concerned as to the same things we have discussed here already.


You need to establish a nexus to your service for your stressors and in my opinion that will take a strong buddy statement,maybe even more than one.

Getting organized can alleviate a lot of stress . For most of my claims I prepared a Battle Plan....(VA isn't the enemy however, time is)

I used a copy of a photo of my VARO in the middle of the page and then used war maneuver symbols all around the VARO photo,symbols I learned in military school , to make it fun....

The maneuver symbols stood for tactics I needed to use.to advance.

They all involved the most important thing every claim needs: Documented evidence!

I wrote that list down along with the symbols and checked them off as I accomplished my tactical 'missions'

This was for a claim for DMII due to AO that caused my husband's death.

He had never been diagnosed or treated for DMII by VA, his sole health care provider for decades.

The first tactic I used was to read the VA Diabetes training letter.I printed it off and put it into a manila tabbed folder (I have used it many times since for vets here or local vets)

The next tactic was to see if I could find a dentist to review his dental records,but I couldn't find a dentist ,with enough expertise to be willing to do that.

His dental records revealed a manifestation of diabetes.(That took many hours of research to be sure of that)Manila folder number 2

Next tactic was to find a former VA Neuro doctor ,who had made an entry in the med recs that had been crossed out)and see if he would give me an IMO.(That too many months but his brief free IMO was given much weight by the BVA)

Another tactic was to make overlays of an autopsied heart and brain and compare it with a diagram to my husbands autopsy and MRI results as evidence of untreated DMII.

In my manila folders I had ,in order by date, copies of med recs from the VA that had entries that lent to a finding of diabetes,in my lay opinion, and I had to prove them all.
Before I was willing to obtain any IMOs, I needed to be sure my investment would be sound.

Dr. Bash did 2 IMOs for me. I won that claim.

The BVA was the sole VA entity to even read my IMOs and evidence.

On my war plan I added from time to time other avenues to pursue for evidence.

I ended up with more evidence than I needed.All of above and more got its own tabbed manila folder.

I kept a copy of his VA medical records separately, adding copies to these folders as needed.

Thats OK on the additional evidence I found because I have had subsequent claims that evidence was needed for.

It can take an Extraordinary amount of stress and time, that many claims take, to finally succeed.

But hard work pays off.

For the 6 years that claim took, I went through my war plan every week so that nothing was overlooked in my quest for the evidence I needed.

The internet is far better today then when I filed that claim and certainly is the best way to find a buddy.

If TET is your main stressor, I am sure there will much TET info on the net as the anniversary of TET approaches us.

Your VSO might well suggest that you write to JSRRC yourself.....instead of waiting for VA to do that.....

and ,as one of of members correctly said, the key to proving a stressor is in the details.....

if you were in the same unit at same time of the after action report you mentioned, please show that to your VSO, as maybe that could even be enough proof of stressor but hard to say........dont know what action it involved....
or a copy of that report maybe enough for JSRRC to clarify.

You have gotten great advise here from everyone.....and I am glad you feel comfortable with a new VSO.







The last tactic I used was to obtain an IMO from Dr. Bash.

He told me in mere minutes after reading some of my evidence that I could succeed on this claim.

(My former vet rep told me it didn't stand a chance.)

We must NEVER give up!

82,
It's definitely a daily battle that I can very well relate to. PTSD sucks. Trying to deal with it sucks more. What's even more troubling is that so many people in the civilian sector just don't understand. Some are jealous that we are 100% and think we have made up our condition for monetary benefits. Each trip out in public is test of my patience. It has gotten so bad that it's just not worth the trouble and too much of a hassle.

I still attend my VA doc appointments and take the meds they prescribe but the feelings just don't get better. Every time some A-hole provokes me, I want to cringe. I've never been violent to anyone but am afraid someday if the wrong person pushes my buttons to much, all the anger will come out.

So, like you, I have resigned myself mostly to my immediate family. I just don't want any more confrontations! I guess they call what we experience "feelings of withdrawal"...but honestly, I prefer it. Just want to spend time with my dogs and other animals. I have a rottie and i call him my PTSD dog. Best friend in the world! He is very protective of me and seems to know just what I'm feeling if that makes sense. He has no formal service dog training but I swear, you'd never know it.

Why am I writing all this? Because I'm at a crossroad and torn in two directions. One says to keep fighting and try to get back to the "old me " of years ago. The other says, screw it...just buy a large piece of land someplace in the country away from the craziness of people and just live my life. Why continue struggling to fit in to today's morally bankrupt society where people just don't get me.

I have an upcoming appt. with my doc soon. About ready to tell the doc I've decided, like you, to disappear from society and start my life new somewhere else. I know this sounds horrible, but I wish I had lost a leg or something in Iraq. Anything but PTSD! Not looking for pity. Just want to show you that you are not alone in what you're feeling. I hear you brother loud & clear.
LC

Thanks bud. Calm as a cucumber over here. Like I said, believe what you choose. Jon has been provided printouts from the eBenefits site from vets who have access. Not sure why you continue to vigorously try to discredit the story. From the very first piece he ran, he was sitting down with a vet at his computer and pages of such documents were even displayed for viewers to see! But to really investigate the problem, the FBI has been contacted as was other federal & state govt agencies. They have been granted a judge's permission to delve into this in ways a news reporter can't. Access is not a problem, nor is it even an issue.

Let's just let the investigation run it's course. If the site comes back up then it's up to each user to determine if it's woth the risk to log in. Appreciate your comments. Nobody "squirting" here...only the guilty who are responsible should be worrying right now.
LC

Good Morning Everyone!

We are totally BLOWN AWAY this morning! We got an email late last night, asking us to be on Fox News Channels morning show, Fox & Friends, tomorrow morning!

We are being asked to discuss Veteranwarriors plan to Overhaul the VA and comments on the VA's latest attempts to strip veterans of legal rights with backdoor Federal Registry filings, rather than going through Congressional hearings and public comment.

Words cannot express how profoundly humbled we are to represent ALL veterans, their families and caregivers in this fight. To say that we are honored to continue this fight for you is hugely understated!


This message was sent by Lauren Price regarding "The Department of Veterans Affairs: Overhaul the claims processing & create mandatory claims deadlines."

A good source for obtaining "buddy statements" and unit assignments may be at TogetherWeServed.com
This site has a "find" feature that allows members to type in a unit, etc. and then lists members of that unit who served with you during that time!

It might be worth a look to see if it might refresh your memory. It sure has helped me.
LC

WB - Everyone here has given you solid advice, plus it is obvious that you have done much work preparing your claim. Good for you brother. I was wondering what RO you are going through if you don't mind posting it? Hope you know by now that here at Hadit you are among many friends with much in common. Like you, I flew as a crew member in OIF/OEF and I totally can relate to what you experienced behind the gun. Small world...isn't it?
Thank you for your service Devil Dog!
SEMPER FI,
LC

Kudos to the American Legion for this info:

Even as federal agency heads howled about the dire impact of the sequester, a well known newspaper, reported on a string of eyebrow-raising expenditures by the executive branch:

$562,000 worth of artwork for the Department of Veterans Affairs.
$144,000 on toner cartridges for the Department of Agriculture, in just one day.
$178,000 on "furniture rehab" for the Coast Guard.

The end-of-year year spending frenzy is largely a function of the federal budget process' use-it-or-lose-it incentive system. "The way we budget sets it up," says Sen. Tom Coburn, R-Okla., "because instead of being praised for not spending all your money, you get cut for not spending all your money. And so we've got a pervasive incentive in there."

As further evidence, it was reported that the federal government spent $45 billion on contracts in the last week of September, which coincides with the end of the fiscal year. "That was more than any other week- 9 percent of the year's contract spending money, spent in 2 percent of the year."

Interresting, huh?
LC

I recommend, keep going to your appointments, if scheduled, create a trail that your looking for assistance from the VA. I learned if I made all my appointments, was honest when talking to my Psychiatrist and VA Medical Doctors, that they went way out of their way to assist me.

When you file a claim and their gathering evidence, the docs, VA social workers, receptionists, are all taking mental notes on how you act, what you say. When it comes for them to put their inputs on your condition, you want them to remember you as a troubled vet, and not some obnoxious person trying to game the system.

I actually sat next to a vet, when waiting for one of my appointments, he was telling me in a low whisper how to game the system, buy a cane, fake a limp, etc. I was disgusted that he was associated with the U.S. Armed service's acting in this manner, when alot of vets that have true honest disabilities, and this "fake" is trying to tell me how to game the system. I told him, "you don't know me" and I could have been an imposter, checking on fakes. I am sure they're investigators out there, at the VA clinic's and hospitals.

All I can say is be honest when you go to your appointments and when scheduled for a C & P exam always make this appointment even if you have to get their the night before and have to sleep in the waiting room.

Good Morning Everyone!

We are totally BLOWN AWAY this morning! We got an email late last night, asking us to be on Fox News Channels morning show, Fox & Friends, tomorrow morning!

We are being asked to discuss Veteranwarriors plan to Overhaul the VA and comments on the VA's latest attempts to strip veterans of legal rights with backdoor Federal Registry filings, rather than going through Congressional hearings and public comment.

Words cannot express how profoundly humbled we are to represent ALL veterans, their families and caregivers in this fight. To say that we are honored to continue this fight for you is hugely understated!


This message was sent by Lauren Price regarding "The Department of Veterans Affairs: Overhaul the claims processing & create mandatory claims deadlines."

I can only imagine how difficult the job of a RVSR must be. Even though I was previously a federal worker myself, I wouldn't take that job even if they paid me at the GS-13 rate!!

I think a claim that goes to VA needs to be like a present with a pretty bow on top, everything presented according to their guidelines & rules. Make your claim easy to approve.

What I've learned from reading the VBM is the most important part of your claim is the MEDICAL EVIDENCE. Do not leave the most important part of your claim up to the VA through their lousy, lowballing C&P exams if you don't have to. ( A few contentions do require C&Ps thru VA only). Take control of your claim by controlling the evidence. Then if the rater tries any funny business, you know exactly what the doc said & can prove it.

***Get 2 DBQ IME's for each contention. ***

By getting 2 instead of 1, the RSVR has to dispute 2 doctors opinions & would probably decide that is too much work.



Guidelines for IME/IMO

---Use the DBQ
http://www.benefits.va.gov/compensation/dbq_ListBySymptom.asp

---Refer to the VA rating guidelines
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#38:1.0.1.1.5.2.111

---Refer to the VA Clinicians Guide
http://www.vetsforjustice.com/C&P%20Service%20Clinician%E2%80%99s%20Guide.htm
or
http://www.americanbar.org/content/dam/aba/administrative/young_lawyers/project_salute/cc_d1_f1_cp_Pg_1-50.authcheckdam.pdf


Each DBQ must include multiple parts:
1). Diagnosis
2) Statement that Dr. reviewed the pertinent medical records or check the applicable box if available.
3) Nexus Statement from Dr. that says condition X is at least as likely as not due to condition Y.
4) Rationale Statement from Dr. explaining how he came to his conclusion on the Nexus. Must give specific reasons why one condition caused or aggravated the other.
5) Statement from Dr. regarding his medical degree and qualifications--or at least Dr. write up a statement using his official office Letterhead.

On most DBQ forms only #1 and #2 are part of the form. You must have your Dr. write in #3, #4 & #5 if they are not part of the form. I'm NOT saying a DBQ without each of these 5 Items can't be approved. I'm saying these are 5 of the things that if any of them ARE missing, VA has used as an excuse to deny a claim.

Once you get something SC at any percentage, then you can leapfrog to a high rating by putting virtually anything reasonable as secondary to Already service-connected Conditions. For example, any Secondary damage from an injury or traumatic event, any damage Caused by medication for service-connected conditions, any mental health issues Secondary to Service-connected conditions.

Once you get the first claim back, Hold off on filing an appeal as long as possible (up to the 12 month deadline) because appeals can take 4 years. Even a de novo DRO review may take 2 years. Instead file a new FDC for multiple secondary conditions-- with 2 DBQ IME's for each contention.

If an issue you filed for was not rated a high enough percentage then Request an increase and submit new and material evidence. An example of new and material evidence would be a DBQ from a new doctor.

For Direct service connection need to file a Statement of Support listing persistent and ongoing symptoms and stating condition has been chronic. For secondary service connection the condition does not need to be persistent or chronic. Edited to say, "Secondary issues do not need to be persistent or chronic SINCE SERVICE"

For direct service connection doc must state they have reviewed your STR's. For secondary service connection doc does not need to review your STR's--He only needs to review your pertinent medical records and must state that.

Tela - I commend you on your efforts to work AND better your education in spite of your disability. You have been given great advice in this thread. I wish you well and I'll keep you in my prayers as you go forward with your claims. Hang tough girl & continue to fight for yourself & your children.
LC

After Vietnam the VA did cut benefits in the form of a new and much weaker G.I. Bill. After WWII the G.I. Bill was better than it was for Vietnam vets. It can happen, and I believe it will happen once the current wars are in the rear view mirror. The All Volunteer military is a tiny 1% of the population.
After WWII nearly 20 million people served and they had clout. To cut current retied pay for those under the regular retirement age is the first step. If the DOD and congress can get away with they will be knocking on our doors because we are just about 1% of the population as well. Do you trust VFW and DAV to really protect your benefits? I don't. They don't even have a PAC. The NRA has 100 times the clout of all the VSO's because they can deliver the vote. The vet population is shrinking fast.

John