Chuck75

A DOD disabled veteran's ID card normally has an entry of DVAPRM/(Rank/Grade) if it was properly made. There are at least a few reasons that this happens - - The "help" is not familiar with military ID cards in general. Some places/activities required that "valid" ID cards have an expiration date. It's not one of the active duty ID cards, nor the same color. It's not a driver's license. Many states/places expect to see a driver's license. For years, as a civilian, I carried a DOD card issued by, well DOD(DECAS). It was actually the infamous ID card issued by DOD that complied with the Geneva convention. A statement on the card read something to the effect that I was a non combatant that accompanied the armed forces. The card was infamous due to widely held opinions that the best use for it was to hold it in front of your forehead as a target. My real use for it had to do with getting from a base gate to destination(s) on a base, without a bunch of hassle as to the whys and wherefores. There often was a "catch 22" involved, in that one of the usual destinations issued or originated the local paperwork to obtain other access documentation. Without the DOD card, it was a case of "can't get there from here" type of thing that was dependent on such things as time of day, "office hours", and so forth.

Yes, the VA has paid interest in the past. When I did it, there seemed to be total confusion as to who and where to apply, not to mention how. After numerous contacts and "ring around the rosey" from the VARO, VAMC, etc. - - It turned out that requesting an "insurance audit" via the VAMC triggered the co-pay refunds. Things actually got really strange at one point. The VA was trying to charge a service charge for non payment of money that they had refunded. Previously, I also found from personal experience that the VA tends to just "roll on" charging co-pay, even when it's rather obvious that the charge(s) are not justified. An example of this might be - - A veteran has DMII, and is not charged for Metformin or diabetic supplies. However, charges were made for drugs, etc. that are for conditions known secondary to DMII, or known to be aggravated by it, even when the VA PCP states flatly in the medical records that this is the case. I've actually had "un-named" persons reverse non-copay status to co-pay after the PCP entered non co-pay in the computerized subscription system. I've also had the VAMC pharmacy change a prescription dosage to a strength that requires pill splitting. Drugs for blood pressure and cholesterol were involved. The cholesterol drug has an enteric coating, which according to a VA 2002 study, should not be split. Blood pressure pills with out scoring should not be split, due to dosage uncertainty.

In my personal opinion, VA doctors, particularly those doing C&Ps, do not have the best interests of the veteran/patient at heart. For some,VA employment was the last available option. Others simply do what they are told to do, which is usually to meet VA's internal practices and goals, whatever they may be. (Don't upset the bureaucrats, unless you want to be looking for another job.) The majority of the "good" VA doctors I've had in the past - Went back into private or clinical practice. Transferred (so I'm told) to other VA areas, usually across the country. Or just don't work for the VA any-more.

I'd Really, Really like to see the VA get hammered in Federal Court for fraudlent practices and medical malfesance. It would take very deep pockets, likely some sort of class action, and a real criminal investigation. (Not likely to ever happen, as history shows.) I'm over 60, and know from past generations experince with the VA, that this sort of thing has been going on at least since WWII, and possibly farther back than that. WWII aftermath. Terminate low percentage disabled veterans benefits, say they are now healthy, so that they can be recalled for the Korean war. Korean War Take advantage of the militarys poor record keeping to deny obvious claims, There are still a few examples being fought. Vietnam War. Both the military and the VA did everything they could think of to avoid recognizing or paying for service related injury and conditions. (To the point that records were ignored, "lost", or even shredded. Military exit exams - seperating military members were actually threatened with transfer to the equivilent of "Mickey Mouse" companies while there medical conditions and so forth were "evaluated" at length. And it just goes on. Some of my ancestors and distant relatives fought as far back (on both sides, yet) as "The War For Independence", and in most of the wars since.

E Benefits still not working properly today! 1. Problems logging in, long or no response times. 2. Letters available, claims & appeals info a black hole.

If you are "enrolled" in VA health care, income or net worth has nothing to do with medical care. What I would do in your situation is to get something in writing denying the care. You might have to make a request for care in writing to the VAMC's director, in order to get a written reply. Then, there may be some further options available. I can think of other things as well, but I have no personal experience to go by in this area. I'd think that the current debacle concerning mental health care and PTSD can be made to work in your favor. It sounds like you currently have no service connected conditions. In other words, it may be Lawyer time. Is the VA providing the drugs under the veterans drug act?

The "Decal" is more or less a thing of the past at most bases! For the ID card - DD214/Discharge/VA award letter, and info shown on the obsolete ID request form supplied with the VA letter, and award paperwork. If you are married, your spouse's information, "certified" marriage record/license, etc. Some form of picture ID, preferably two. (Current Passport, drivers license, etc.) The "Department Of Defense/Uniformed Services" Identification and Privilege Card Has an "Authorized Patronage" Box. Entries in the box should be Exchange, Commissary, MWR Your state/county may have additional benefits such as reduced taxs , free licenses, etc. In some cases, to obtain "raised seal" certified records - You can go to a county clerk's office register the documents, and get a "certified copy", in many cases, for nothing.

I've had back problems that did not show up on XRays for decades. A CAT scan for another condition clearly showed the back problems.

Who Knows? The VA certainly has no idea! Maybe they discovered the contractor is a veteran owned business, and "forgot" to pay them. After all it's alright to owe veterans money, right?

The VA is only consistent about denials, and delay. The PTSD and TBI may add up to a VA fiduciary consideration. I'd really get a copy of the C&P(s) sent to a private doctor. Sometimes a VA PCP will release a copy when it is in your medical records. If you even think that things might get you involved in the VA's fiduciary scheme, make sure that your VA money is in a separate account from everything else, and keep that account at whatever minimum balance is appropriate.

If you are 80% and attend classes the VA is paying for, good for you! If you were not, you might consider applying for TDIU (100%)

The VA sometimes claims that the additional disabilities beyond the single 100% have to be 60% for a single additional disability or the additional disabilities have to add up to 60% using VA math. I've heard of awards citing both methods. I guess "you rolls the dice, and takes your chances". The counter argument to using VA math is that it no longer applies when a single 100% disability is awarded.

It sounds like you have a record for a prompt decision!

This is a difficult one to say yes or no ! The problems No treatment records to speak of is going to be the single biggie. You will need to somehow get a qualified doctor to write an opinion (IMO) saying that the problems/conditions are at least as likely as not related to or caused by your military service. You can make a claim at any time. The longer you wait the harder it is to be successful. The VA does have a responsibility to help you with the claim. Unfortunately, they often seem to be more interested in finding excuses to delay and deny. At least you are working. Many with the problems you mention are not, or cannot earn a significant income.

Don't give up is correct! In your shoes, I'd be filing for TDIU!

When the VA awarded 80%, was there any indication thaty they considered TDIU as they were sup-post to do?

Actually, both "Peggy" and E-Benefits cannot be trusted to have the correct information. At best, a skilled worker with access to all the data (in different databases and areas) can only say what the computer programs have listed. It's likely that things don't get updated until an RO somewhere in the VA universe gets a "tickle" saying that something is required, or the RO wants to log work credit.

In my opinion, strictly as a private citizen, you have some options. First, you can and should - in writing, (Certified Mail, Return Receipt, etc.) tell the VA that the C&P is deficient, and why you believe so, including any refuting and/or pertinent medical evidence and records, and a written copy of the C&P if you have it. The VA's usual response is to schedule another C&P. It sounds like the C&P likely did not conform to the VA's C&P "guide" for the particular C&P. (A large number of C&P's actually don't, and that causes other things to supposedly happen within the VA. An internal request for "clarification" or completion is just one. IMO's from an "authoritative source" can completely counter a C&P. In an ideal situation, the IMO can address, point by point, the problems in the C&P. Since the C&P was from an outside source, your VA PCP (if you have one) may (or not) be willing to write something in your favor. An IMO from a "Board Certified Specialist" in the appropriate specialty generally carries the most weight, particularly when the physician is on the staff of, and uses the letterhead of an appropriate recognized medical facility. Since the C&P was done improperly? by an outside contractor, and the VA paid the contractor, there is a possibility that fraud against the government (and you) may have occurred, and "whistle blower" laws might enter into the picture. You will need to get good qualified legal advice and likely representation to get involved in this sort of thing. In theory, the VA OIG has a responsibility, but don't count on it to do much! I'm not a fan of the current VA practice of contracting out C&P's, due to the way it's done. After all, for starters, a treating physician should know a heck of a lot more than a non treating one. In a Nehmer board review of my claim, the board stated that a VA in house performed C&P was incomplete and inadequate, even though it was more or less favorable, then went on to say that no additional C&P was needed or desired, due to the existing medical records and IMO's from treating physicians, and awarded all specific and implied claims, with an EDD based upon the earliest original claim date for one of the conditions. I did disagree with some of the percentages concerning "minor" issues, and appealed them. The examiner did acknowledge in the C&P that existing favorable medical evidence existed, and established statutory level and severity of the primary claim. To me, it was fairly obvious that the VA was trying to avoid a 160% situation.

One of the maor problems with "SPIN" codes is that they changed from time to time, and service to service. Each service had a group of codes that were commonly used, and may differ with time/era. Worse, a favorable code used in the past by one service can morph into a bad code used by one of the other services. Another go around has/had to do with the difference between a DD214 and an actual Discharge. DD 214's were originally a "release from active duty". A discharge was often a stand alone document. This occurred due to a "six year obligation" vs a shorter enlistment or active duty period. The DD 214 was issued covering the actual active duty period, eventually followed by the discharge certificate when the six year period ended. DD214's were sometimes issued with the entitlement certificate for VA loans printed on the back side. Currently, when a DOD uniformed services ID card is issued, the issuer seems to use the DD214, even when a seperate discharge document exists. As an example, My DD214 shows a release from active duty to the reserves in the late 1960's. My Discharge has a date in the 70's and a much higher rank at discharge. Using the DD214 date entitles me to lower rates for military lodging (big deal) but causes problems if I wanted to join or use one of the on base clubs.

"I realize that the VA basis it on a percentage, but if one agency says a disease is 100%, why is the disease not 100% in the other agency." Because the VA does "it's own thing", usually to the detriment of a veteran. If you haven't done so, and are under regular retirement age, you should also apply for SSDI. If an SSA ruling is that you are totally disabled, and it's due to an already SC'd condition, the VA may fight a bit, but will (if necessary, on appeal) either award 100% SC or TDIU. I have seen an award letter or two from appeal/ review processes that were "mildly" critical of the RO's decision to deny or minimize claims that were already approved by SSA. What usually happens in such cases is the RO ignores the SSA determination. (No reference to it in the decision.) In my case, the Nehmer review board cited the SSA determination, said that it was direct evidence of the claimed disability, and the existing medical records more than adequate to prove the level of disability. The VARO (sort of by direction) then proceeded to award virtually all claims, even some that were not specifically claimed, back to the original claim date. Some secondary claims, in my opinion, were "low balled", and appeals were filed, along with a rather obvious CUE.

This is the current link as of today. I didn't find references, and had to edit an old link for a 2004 copy to get to the new version. http://www.gpo.gov/f...itle38-vol1.pdf http://www.gpo.gov/fdsys/pkg/CFR-2012-title38-vol2/pdf/CFR-2012-title38-vol2.pdf Cheers!

Based upon my experience several years ago, - - - - An NOD was submitted and asked for a DeNovo. The De Novo was "completed about thirty days after receipt of the NOD & request. Rubber Stamp, anyone?

Some of the drugs used to help reduce/combat coronary and heart disease are believed to contribute to PAD. Aspirin is one of the drugs. The rationale is an older one, and basically assumes that "stuff" causing blockages is spread over larger parts of the body, notably the legs. This reduces the buildup rate in the coronary arteries at the expense of other areas. It's interesting to me, in that I was diagnosed by a VA contract doctor and my cardiologist over a decade ago with PAD. The VA eventually rated it at 0%, and has not ever mentioned treating it. I suspect that barring some serious blockage, the VA doctors will continue to ignore it. I do see a surgeon occasionally, and tests he orders on a yearly basis show blockages that are thought to be around 50%. His opinion is that the past and current symptoms are occasionally more annoying than anything else.

I believe that this is a statuatory thing that the VA does. The choices are usually something like - - reply with I have no more evidence to provide, or I will submit evidence by a date. You can also reply with I have no more evidence, please adjucate the claim using the evidence previously supplied/existing evidence.

"We no longer have to put her school on the credit card." If the award was retroactive, there is a chance that the VA can be gotten to pay some of the previous educational expenses. This is not an area that I have more than a passing acquaintance of.