Chuck75

peripheral neuropathy can be secondary to other A.O. presumptive conditions, thus avoiding the time limits. (IHD, DMII for example)

The problem was that the so called "registry exam" was nothing more than the usual entry exam. (2002ish or so) What is actually done now, I have no idea. Since the Navy did not keep much in the way of records that would show that an individual sailor went ashore or off the ship for short periods, there was a real problem proving "feet on ground". Before photo-shopping was so advanced, sometimes the VA accepted pictures. These days, I'm sure that they are a bit more skeptical of such things. I was ashore at several places in Vietnam, yet there were no formal records kept. Even beyond that, there were no records of who was on what boat crew when a boat was sent to do things like pickup and drop off mail, or shuttle officers to/from on shore meetings, etc. When I went through the "prove it" exercise, I was fortunate that there was a record of medical treatment from an in country USAF facility that the VA accepted. Much later, the amphibious ships I served on were finally classified as "Brown Water". At one point, to help with the brown water classification, various crew members not only obtained critical copies of the ships logs, they got the official Navy history corrected as well. Since then several of the crew members involved in the effort have died due to A.O. related conditions. Ironically, the ship that actually spent the most time (months) physically in "brown water" (rivers) was added to the list after one that spent most of it's time in close inshore waters a week or two at a time. Finally, the VA sort of surrendered, and the entire classes of the two ships serving in the Vietnam war were added to the brown water list.

Even though I had an adjudicated and service connected A.O. related condition, and proved "feet on ground", the VA did not place me on the registry. Finally, the Nehmer lawyers got involved, because the VA had failed to place thousands of veterans on the list. As I remember, the court placed the VA in contempt, but did not penalize them for it. These days, it seems to be sort of a moot issue, given all the other problems with the VA. Of more concern is the VA's continuing stance regarding blue water vs brown water, and the refusal to recognize that not a few veterans were likely exposed to Dioxin contamination at various stateside bases before they were sent overseas.

Looking back on things, the VA related delays are perhaps most frustrating to me in terms of monetary loss. I was forced to live on the proceeds of selling cash producing investments, and a Florida Condo for several years. Regaining the equivalent in assets has been quite difficult. For example, the Condo has a real estate value? of a hundred thousand or so more than when I had to sell. Loosing the income and appreciation of other assets was even more significant.

As sort of a last resort, I'd consider the regs/laws concerning evidentiary requirements and the relaxation supposedly required to be given combat veterans. In essence, if followed completely (The VA invariably tries to not do so). the VA would have to prove that the conditions (PTSD) were not a result of combat. This, at least in theory, would negate the "not enough evidence" VA stance.

"I believe the "glass half full" - - - Generally agree! But, when dealing with the VA (and other government entities) a bit of paranoia is quite useful!

Most of us would rather have our health and so forth than the compensation. Dealing with the VA is something that has to be experienced to believe. I really could have done without decades of back pain and definitely without all the A.O. related problems that go back to military service. Then, a decade or so of fighting with the VA to just obtain the compensation called for by law. I even had to get the Nehmer class action lawyers involved! Even VA health care can be a problem. The majority of my medical problems are beyond the level of a VA "PCP", or even the area VAMC, yet a VA PCP is the "gatekeeper". Outside medical services typically can provide the medical services I need within at most a few days. The VA often takes weeks or longer just to start the process to obtain the needed services. Us Vietnam veterans don't have a lot of time left on the clock, and have little patience for the VA's bureaucratic ways of doing things. My military service was in an era when many regulations were considered to be "guidance" rather than an absolute do it this way or not at all. I still remember an event or two that showed the difference between then and now. One was ending up in front of an Admiral in charge of the Navy supply system at Yokosuka to explain why, as an enlisted man, I held the delegated authority to assign extremely high priority to replacement parts. (Non Mission capable, we don't leave port without it/them) Or, why I was riding a motorcycle with Japanese plates at the Cam Ranh Navy facility. ( Something about the security of certain parts and a requirement for a dedicated vehicle and so forth.) As a result, it really irks me when the VA refuses to do things in a reasonable and efficient manner. This website and a few others are invaluable to those veterans having to deal with the VA. Exposing the potential problems and ways to deal with them, based upon the experience of other veterans is extremely valuable. None of this was possible just a few years ago, before the internet became a major source of information. As to helping individuals with a particular case, I'd much rather point them in the right direction, and have them do the needed work, than get directly involved. Occasionally, I may go beyond this, but it's quite uncommon. The last time (most recent) was with a veteran that needed to keep the VA fiduciary scheme out of his life, and there were time constraints as well as other issues. He prevailed after calling for a hearing and so forth. To me, one of the most egregious VA acts is to use who pays bills as a competency pass/fail, with all the ramifications of fail.

As a 100%+ disabled veteran, I can tell you that "IT'S A WONDERFUL LIFE." just ain't so! 1. The 100% VA disability payment is to "compensate for lost income". The average lost income using the government's own figures is at least 15k a year more than the VA compensation payment. In the past, the not taxable status was used as an excuse, Currently, unless a veteran has another major source of income, the nontaxable status can be of limited value. 2. Pain, suffering, and the inability to do things that you could do without the disability are not directly compensated for. You would need to be virtually helpless before the compensation even begins to cover such things. 3. loss of life expectancy is not compensated for. Instead, the VA seems to intentionally delay things, hoping that you might just croak, and let them off the hook. And it just goes on!

Surgical scars are compensable. But, there as always, are some gory details. Are the scars painful ? Are they superficial or deep ? The VA likes to say that all the scars are superficial, even if the underlying surgery went through multiple layers of flesh, tissue, muscle, and bone. (I.E. CABG) There can be a length requirement, as well as a disfiguring factor. When I hit the VA with an NOD/appeal, they reversed course. The old/new law bit applied. But, they rated all scars at 0%, and then surgical scars as a compensable %. ????

Perhaps of some interest, although I don't know how to find the details and documents. In 1968, The US Navy Hospital at Yokosuka Japan Navy base had serious concerns about testicular cancers in those that served in Vietnam. To the point that fairly routine testicular surgery for various problems had a standard procedure added to physically check for possible signs of testicular cancers. Evidently the occurrence rate was high enough to be of concern. This hospital served the Navy and Marines stationed in the far east and Vietnam as a major full capability medical facility.

That's debatable! Too many times I've experienced different facets of the VA's penchant for "saving money". Often, it occurs in ways that are not beneficial to veterans, be it in healthcare or other parts of the VA. When you look closely at many of the changes the VA proposes/has proposed, it's not uncommon to find that the VA benefits to the detriment of veterans. The real question is should veterans health care be limited by the VA's inability to provide it,regardless of the reasons? The Below is still quite apt!

My area VAMC dentist is famous for recommending veterans have all their teeth pulled and get dentures. Been that way for many years. Meeting some budgetary requirement is more important than optimum veteran treatment or satisfaction anyway! <G>

It's been a few years since I got into this! DMII is/was considered by many to be a metabolic disorder. But, the VA does not want to exactly say this, since it opens up another big can of worms! When I was first diagnosed with DMII, it was obvious that I had some symptoms of it for years, and that they were below the levels recognized as confirming a DMII diagnosis. I ended up seeing an endocrinologist several times, and having some less common diagnostic tests done. At the time, typical medical insurance would not cover the test costs. The VA would not even consider doing them. Unless there is a "head stuck in sand" position, it's reasonable that there is at least an association between several service connectable conditions, metabolic disorders, and the endocrine system. In a way, due to the compensation side, the VA sort of concentrates on the effects rather than the root causes.

You mean that you actually want the bureaucrats to be forced to own up to mistakes and pay (administratively anyway) for them? I'm more in favor of using the current scheduler amount to figure retro, since it reflects the inflation that occurred, and adding to that!

It looks like you will be filing an NOD. From curiosity, what VARO is involved?

"the cards are probably stacked against you". That's not uncommon. When I applied for SSDI, my records were sent to an internist paid by the state. While he did say that the disability was "plausible", He failed in the details to really go any farther. The end result was what looked like a reluctant approval, with an EDD later than that permitted by the law. I ended up filing an administrative appeal (not exactly the same as the formal appeal process) citing the fact that the doctor was not a specialist in the appropriate field, and my doctors and opinions were from the correct specialties. I even had a junior SS clerk try to tell me that "you can't do that" at one point in the process. It really helped that her boss had told me specifically what to do and how to do it.

It looks like what you are asking has to do with promotion, not the basic ability to work. In either case, Both the VA and SSA look at the ability to earn over a specific (to me piddly, given the current "average" in the governments own numbers) amount of pay as stumbling blocks in TDIU entitlement. As to various handicapped related laws, I have little knowledge or experience. It would (to me) seem reasonable to limit jobs that require specific amounts of ability or effort. On the other hand, using such a limit as a general stop to promotion might actually violate law. You would likely have to consult with a lawyer well versed in state and federal law that covers this kind of thing.

"basically that she was denying Voc Rehab" That can be very important in an SSDI determination.

It had better be! But, if the VA itself cannot find the "C" file, you have some real problems. I hope that you have a copy, or enough records in your possession to rebuild what you can if all else fails. A long standing problem (years, decades) is that there is often no practical way to force the VA to actually do what it is required to do. That's why you hear Congress and many others harp about "accountability". A scary part of the VA's records digitization process is a real chance that existing physical records will be lost, damaged, or just vanish.

The doctor filling out/signing the C&P documentation may have been a "supervising doctor", or even the reverse.

"disable all antivirus applications / firewalls, etc then try the upgrade" That's usually the issue! I have two running 8.1, 3 running 7, and one "netbook" using XP.

It's a DEERS problem. the 24 hour customer service number has a recording to that effect. To use My health vet, use the direct login for it. (Had to do that to order prescriptions)

The VA has been very good at changing the way that they interpret the law. They can and do write and change regulations. (M21-R, etc.) Sometimes they can be very sneaky and hide a significant change in a notice that they "renumbered" a regulation or section. Or alternately claim that the change is such that prior notice via the federal register is not required.

And why should this surprise anyone? For years after the Entrance Exam showing Vietnam service, and various other problems, the VA Failed to add my name to the Nehmer list. It took the class action lawyers to make that happen. (And that was after one claim had already been approved as an A.O. preumptive. Veterans can depend on the same old thing- if there is a way to screw things up, it's more likely than not that the VA and it's minions will. Just to add further insult, the problems have been known for decades, and were generally ignored. (They cost too much to fix, don't you know!)

Standard practice would be to deny, even when the C&P is not required. When it's really necessary and when it's just another delay is a bone of contention, based upon law. In essence, if the claim is well documented, etc. the C&P would be optional. In practice, it's often used when the RO just wants to delay, or wants the onus to be shared. A C&P, even when the evidence is quite good, may be given just to see what scheduler rating % is in the VA's eyes, appropriate.