Chuck75

The VARO, (Atlanta, in my case) can take whatever time it takes to actually complete the process. Usually, unless the BVA decision is, or involves a remand, you might allow a month or two.

"I think since I am awarded SSDI then the VA should grant me IU." Unfortunately, the VA does things their way, which can be at odds with any rational methodology. The SSDI award is "positive evidence" to the VA, but they don't automatically agree with it. When/if a case goes to the VA appeal process, then an SSDI award is usually given much more consideration.

I'd talk to a non va cardiologist and or an endocrinologist. (The VAMC closest to me does not even have a board certified cardiologist) Cholestyramine is one of the older drugs and there are newer ones that may be better for you. I'd wonder if there are medical conditions other than high cholesterol that are involved. Usually, most people just have minor problems over the long term after gall bladder removal. A less fatty/no fat diet is one of the must do's.

A very few bases may require a CAC card to go on the base without escort. The last time I checked, some time ago, there were overseas bases, and at least one base (out west) in CONUS that required it. Since I retired, even with the "grey card", I cannot go into areas that I worked in without escort.

A statement like this from the VA's "legal representative" is actually cause in itself for action, be it legal or political. Sufficient medical records after such a disposition are enough to support additional claims. I'd also think that an experienced lawyer could make a heck of a case against the VA for violating various laws and regulations.

Haven't tried. However, the weekend is often used for site maintenance, so I usually don't bother.

You are not the only one that might be confused by the results. An RO will likely take the minimum suggested, even though it's possible that doing so does not comply with the rules & regs.

Very definately keep the letter of cancellation. The VA often does not bother to tell the left hand what the right hand is doing. It's remotely possible that a denial might be generated saying that the veteran did not show up for a scheduled C&P.

This is always a bone to fight over. The VA has carried things even farther in some denials, calling a medically qualified "expert"'s opinions "speculation". In any event, a lay person's description of an event or condition that is tied to military service needs to be limited to what any person would observe/perceive. Non medical language should be used when at all possible and understandable.

The combination of DMII, IHD, and PAD can easily result in ED, as well as PN. SMC K is likely. I'd wonder if the vet was properly considered for TDIU. 70% may be low.

If you fall under Nehmer, the NVLSP and/or a veteran's lawyer may be your best bet. This assumes that the VA does not do what they should in your case. Actually, the VA will do everything it can to avoid a contempt citation by the Nehmer court. It's just that the VA needs to be occasionally reminded of facts and the repercussions.

The C&P business for IHD can get a bit wierd! I had ample evidence in my VA and private medical records. The VARO tried to schedule a "stress test" anyway. The treating cardiologist and the VA's own guidelines stated that a stress test was not advisable. When I gave the VA contracting cardiologist that was supposed to do the stress test a copy of my cardiologists report, the stress test was canceled. Before the stress test was scheduled, A VA C&P examiner doing a C&P for DMII, stated in the exam report that no further C&Ps should be scheduled, based upon the existing medical records, along with comments that additional C&P's for any A/O "presumptive conditions" are unnecessary. The Nehmer review said that the C&P's that were done were incomplete, and not needed anyway, due to the definitive medical records. Go Figure.

I went through the hassle to get a refund as well. It initially started with the VAMC, the VARO, and VA Finance pointing the finger at each other in a circular fashion. Eventually, I had to request an audit at the VAMC. This got things done. However the audit results are not detailed enough to determine what period the audit covered, what it covered, etc., although it did result in a significant refund. An UN-amusing side issue was that the VA was also trying to charge fees and interest on amounts already refunded as a result of the audit. Part of the mess had to do with a retroactive award that made all charges refundable, and the VA's failure to follow publicly stated practices concerning co-pay for presumptive conditions. I still don't know if the VA actually refunded insurance company payments that were improperly charged.

Around here, you have to file for the tax exemption the tax year before the exemption take effect. The VARO (also in the same state) dated the letter the day before the application deadline, and I received it a couple of days after the deadline had passed.

Norfolk - - Do they still have the signs about sailors, dogs, and grass?

MWR is supposedly at the discretion of the base commander. However, I haven't heard of it not being put on the veteran's ID card. It's on mine and my wife's card.

Who is your internet provider? It's remotely possible that the provider is causing the problem, or is somehow "blacklisted". Try accessing E-benefits from one of the computers at a VA facility.

That sounds like a typical VA practice. Evidently the VA wants to disassociate past service and behavior from current conditions. The VA has a history of similar behavior with C&P exams. I know that the last C&P exam I had (at the same VAMC that has my treatment records) did not have a copy of my medical records. The examiner checked a few significant outside VA medical records that I hand carried to the exam, looked to see if they were consistent with whatever the VA computer showed, and mentioned the records in the exam writeup. I don't know what records/information the examiners computer showed, since I could not read the screen display.

If the IMO or other medical opinion, including a C&P is over a year old, it's not uncommon to see the RO order a new C&P, in order to determine the current state of the claimed condition(s). I have no personal experience in this area, since my SC'd conditions will not get any better. (P&T)

In some locales, a judge can order that an account be "frozen" and then order summary garnishment/judgment. In others, and you signed a "note" or other document, the terms of the note may include a "confession of judgment" that allows bypass of many of the laws concerning your rights. The banking laws may come into play when you have a direct deposit account. The laws automatically allow a direct depositor to make a withdrawal to "correct an error". In theory, you might be able to really irritate a direct deposit recipient if you went through the wickets to take back a direct deposit. DISCLAIMER This is NOT legal advice. For that consult a Lawyer.

Supposedly, the VA can contact DOD, and get info concerning such things as S.O. Beyond that I've heard mention of this, but don't know the details. Remember that this is not a new problem, and Vietnam/Cambodia veterans had similar problems in the past.

It's certainly a positive indication! But, it's not over till the _ _ _ female person sings. (Gotta be politically correct these days)

Compensation (in general) is divorced from VA treatment. There are "legalities" involved in changing or stopping compensation payment. A veteran can certainly use insurance paid (Medicare, private insurance,etc), or personally paid medical care. A problem can arise when the VA wants to do periodic exams to continue compensation. In the case you mentioned, the a copy of the VA medical records should be requested before any legal actions are started. Getting them after action starts can be a problem. PTSD, etc. seems to be a special case at the moment, and, due to recent VA regulation and other ongoing changes, may end up being an exception to the general case. There is a statement you can place in VA medical records that states that the VA is not your primary care provider, or provider for medical conditions that require a specialist. Further, you can take a prescription from an outside doctor to the VA, and ask them to provide the drugs. As long as the drugs are on the VA's list, the "veteran's drug act" allows them to provide the drugs. A VA PCP will normally sign off on such a "request". If a VA PCP declines, you can always ask for a written statement/note as to why. Remember that it can be difficult to get the VA to do things in a timely and appropriate manner.

This can get complicated. First, the only available records are likely to be in your VA "C" file. (Request a copy) Thanks to the "redaction" process a few yeas ago, old records might be gone forever, unless you have copies. (I'm still trying to find records of a denied claim going back to approximately 1970, since, if found, a "CUE" claim is possible.) (They disappeared from my VA file.)

"Has anyone heard of metabolic syndrome"? Yes. "Is it ratable" ? In theory, yes, practically, No! What is it? Do a Google search! Related or resultant problems: DMII, Various arterial and vascular problems, blood clots, Kidney problems, Skin problems, Immune system disorders, etc. A/O is thought to have caused metabolic syndrome, although the VA ignores this, and beats around the bush. Until recently, only some endocrinologists would say that it even exists. Treatment? Multifacited For DMII For Cholesterol For Clotting For prevention of heart disease and so forth. Diet Stress avoidance Treatment for High Blood pressure, even if somewhat below diagnostic level.