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Chuck75

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Everything posted by Chuck75

  1. In my experience, the VA intentionally ignores "pre-diabetes", and has done so for quite a long time. The reasons are obvious, since by the DOD/VA treatment documents, it may exist ten or more years before the formal diagnostic level is reached. Further, during this time frame, other serious conditions, such as heart conditions (IHD, etc.) can develop or become more severe as a result of the undiagnosed diabetes. It's also true that many VA practitioners have evidently had the "FOG" treatment in relation to what they may or may not say or write that would be in a veterans favor. This seems to trump any of the written guidance. Given the situation, there is no practical way (nor would I want to) force a VA practitioner to write something that they do not want to write. The only thing I can see to do is to file an NOD as soon as possible. It may very well be necessary to obtain qualified legal representation.
  2. The list and the VA still do not recognize ships that were known to be in such places as Da Nang, and Cam Ranh Bay, and although not at a pier or dock, did use raw seawater or a mixture of seawater and runoff fresh water as feed water for the evaporators.
  3. Forgetting about any possible regulations, and other issues - - It depends on the examiner! The examiner may or may not look at, or may or may not accept any evidence, or may or may not note the evidence in the exam report. The examiner may or may not have even looked at the existing medical records. It's not uncommon for the examiner to "shortcut" the requirements of a specific exam. It's not uncommon for an examiner to make an unsupported and incomplete exam report. Examiners stay examiners and get raises based upon the VA's ideas, not what might be correct, fair or reasonable. An example is an examiner saying that HBP is "essential", rather than saying "It's as likely as not" that the HBP is connected as secondary to an SC-able condition, even when current medical practice and references relate it to the condition. With that said - - If you have recent medical evidence that is indicative of the current severity of a condition, by all means make it available to the examiner. In many cases, the examiner is less qualified than the source of the medical evidence. IE specialist's diagnosis vs a NP examiner's opinon. A VA RO may take the less qualified examiner's opinion as gospel when it allows a denial. Appeals generally accept the most qualified doctor's records and diagnosis. Parts of a Nehmer ruling on my case actually (but indirectly) cited mistakes made by the RO in a previous denial.
  4. The VA "should have" also considered the depression as secondary. If there was no mention, then you have to assume that it was denied, and proceed with an NOD. Or, since it was a very recent decision, ask for reconsideration and a hearing. Each path has it's pecularities. If there is medical evidence of treatment, or other evidence of depression, the VA should have scheduled a C&P exam. Since they did not, it's obvious to me that there are serious problems in the denial. The NOD, when an obvious error is evident, can generate (at the VA's discretion), an administrative action that resolves the issue. The reconsideration can do the same thing, but may result in a later EDD, as the VA often treats it as a "new claim". If the VA elects to let the NOD follow the standard path, it may take a long time to resove via the BVA, etc.
  5. I recently noted an additional downloadable document in the E benefits letters section. This is intended to aid in application for benefits, and, in summary says P&T for comp & benefits when the veteran is entitled. It does not mention the monthly amount paid the veteran, as similar previous letter documents did.
  6. CAD no. Blood pressure, possibly related to CAD, might be possible, ask a physician. Phlebitius (http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0002098/) maybe. There also may be a relationship to some causes of CAD. Again, ask a physician, preferably an endocrinologist.
  7. I generally agree that a veteran should file as soon as possible. But if there is a "simple" claim in the works, and it involves a significant rating, the additional claim can delay things. There is law and precedence that may, under a combination of things even take the additional claim back to the EDD of the first approved claim. (Such things as are the claims related, was there evidence in the file at the time of the first claim, etc., did the VA fail to take notice of the other evidence, etc.)
  8. "Getting them to actually PAY is hard work" I believe it's worse than that! As far as I can tell, the long standing restrictions are still in place, and will continue to be until Congress makes significant changes in the laws. Any insurance (private, group, medicare) pays first, and may leave the veteran with deductibles and co-pay due in the event of urgent or emergency care, VA payments or not. At least Medicare does impose some limits on hospital charges. The VA's definition of reasonable and prompt access to VA facilities and "qualified" and competent help may be quite different that that of the overall medical community. The last time I got involved with this, The local VA clinic PCP was running late, the waiting room was full of scheduled appointments, and I was told that it might be up to several hours before a referral to local medical facilities or the VAMC might be made after the VA PCP had a look. This involved an infection that was spreading, and had the potential to penetrate into the brain or cardiovascular system. Had I waited, there was a strong possibility that effective/proper treatment would not be available until the next day. I ended up seeing my private PCP, and then a full blown oral surgeon recommended by my cardiologist. The surgeon took one look, drained a pocket of infection, and then pulled two teeth, It turned out that a tooth had abscessed, (with no localized pain, of all things), and the infection had traveled well into the facial and sinus areas. The VAMC has one dentist, who is not qualified as an oral surgeon. The VAMC dental department was called, and refused authorization. Since my wife's insurance also covered dental, even with authorization and VA payment, I still would have paid the same deductible and co-pay that I paid. In my area, I'd have to drive to the VAMC about 50-60 miles away, be told that they don't have the capability (lack of specialists, etc., and necessary drugs) be transferred back to a regional medical center about 20 miles in another direction (50-60 back plus 20) , and then be stuck with the same expenses as if I went to the regional center in the first place, assuming I survived the delay. Forget VAMC approval by phone, as either no one is "authorized" or those authorized are "unavailable" during the usual inconvenient times that emergencies occur. Even after "authorization", the VAMC may still refuse to pay. Post emergency approval is almost unheard of without a major hassle, the last thing a veteran with a serious medical condition, or for that matter, the veterans family needs to be involved in. To me, access to true emergency or acute care is governed by the "golden time", usually one hour or less for the kinds of life threatening events that I might expect to experience as a result of service connected conditions. For example, a VA emergency room in a VAMC that doesn't even have an interventional cardiologist on staff, or emergency open heart surgery capability is not a facility of choice. All they might be able to do is use "TCB" if they have it, and are qualified to even use it. The capability I mentioned is partially available at my local community hospital, in that "interventional emergency treatment" by a cardiologist, followed by transfer to the regional center is possible. The VAMC involved will not usually preapprove expenses, and follow through with reasonably prompt payment, unless a veteran is destitute, and carries the "fee paid" card, or politicians and the news media get involved.
  9. E Benefits usually shows the "appeal is possible" statement, based upon a decision date. When somebody figures out what a development letter is supposed to say, please give us some info. I'd bet that is is one of the classic VA letters that the VA sends to fill a legal requirement, and does not really help a veteran much if at all.
  10. Expediency really dictates that the first claim be kept simple, If a veteran wants it to be promptly (for the VA anyway) decided and hopefully awarded. The VA on the other hand, will say that all details and possible conditions related to military service should be claimed at one time. This does have a basis in law. The VA logic (excuse?) is that the system then only has to deal with a single pass through, rather than multiple. Nothing is farther from the truth, since a deferred decision means that another pass is going to be needed. Indeed, each pass through the system increases the chance that records will be compromized as more and more hands touch them. What gets me is the typical C&P scheduling for a single condition, when multiple one are claimed and present. The VA has been known to then say that because the C&P did not address others, they don't exist, ignore them completely, or that additional evidence is needed. If a condition is omitted from an otherwise favorable decision, it is deemed denied. The only conclusion that can be drawn, other than the VA C&P system is a total disaster, is that it's an intentional effort to minimize awards. The question then becomes more serious, in that it can easily result in defrauding veterans of benefits that they are entitled to. If intentional, this is a crime, just as false claims can be a crime.
  11. The VA has been very "sticky" when it comes to non vietnam A/O exposure. The EPA superfund site information (Web searches) may be the best place to start. Then, you would have to convince the VA that actual exposure occurred. Finally, An independent medical opinion (IMO) would be needed to associate the A/O exposure with the appropriate medical conditions. An example of a superfund site is the closed navy base at Treasure Island CA. The fire fighting school used oil and other inflammable liquids to generate fire and smoke, and the fire fighting trainees then went through the smoke, sometimes in enclosed spaces, and put the fires out. Due to dioxin contamination in the oil and flammable liquids, the fire fighting school site is listed as having been contaminated by dioxin. The VA will fight "tooth and nail" to avoid service connecting A/O presumptives based upon exposure at treasure island. Why? For one thing, over 50% of the "nonrated" sailors going to the far east were sent through the school, so the potential liability is extreme, and extends to those that never set foot in Vietnam. Next, the VA traditionally has fought cases involving A/O use and exposure in countries/locations other than Vietnam.
  12. Depending on the exact location in Vietnam (and elsewhere) - - Ships took on fresh water from "the pier" or from tank trucks and barges, or even from other vessels. In some locations, the water was too polluted to cycle through the ship's evaporators and drinking water systems. A ship might shut down the evaporators until it returned to "clean" seawater. River water, as an example, was pumped into a convenient void, left to have the muck settle out, then pumped through a filter before it reached the evaporator system. Destroyers were steam turbine powered, had large evaporators, and used quite a bit of distilled water to go from place to place. Thats why a relatively small number were actually used in "inland waters". The riverwater could clog the evaporators to the point that they had to be disassembled and cleaned out, tube by tube. (Usually a major shipyard job)
  13. That's somewhat typical. You will need to get a doctor to associate the HBP with your diabetes in writing, assuming that the diabetes is service connectable. In addition, you can write a letter (Send certified or registered, return receipt) stating your concern over the "incomplete" C&P exam, and if you so choose, request another by a different examiner. Was the C&P given by the usual NP or PA, or by a "real" doctor? In any event, you likely face a denial, in part due to the incomplete C&P exam, unless there is another SC-able condition that can be related to HBP. The HBP hassle is nothing new, the VA for years has tried different subtrifuges to avoid SC'ing HBP. A common one is calling it "essential" which means literally "of itself", and in actual fact "cause unknown".
  14. The first thing to do is find out if a drug is on the VA's pharmicopia list. If so, then it's possible to have it prescribed. If not, you would have to get a VA physician to "jump through hoops" in order to get the VA to provide it. The VA is obgliated to provide pharmacopia drugs under the veterans drug act. (Something in the new forum software has killed my spelling checker!)
  15. This is the statement that the VA usually uses, along with the 10%, regardless of what B/P is without drugs. "Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control---- 10%"
  16. Why do you think that the VA was among the first of government agencies to start strict security practices concerning non employees? (Of course they know who they are aggrivating) Many years ago, I was given "free access" to the VA's Chicago area RO when I was trying to deal with an education related problem. (Why?) At the time, I was working at the sole "defense plant" in the area, and showed up in a suit, with all the badges, trappings, etc. Seems that earlier I had gone to a formal meeting at the plant, and that required wearing all the whistles and bells. (Suit, Military A/C tie tac, flag lapel pin, ID badge etc.) It was kind of interesting, in that I left the VARO with a hand signed "certificate" instead of the computer generated one that gets mailed whenever the VA gets around to it.
  17. I'd agree that the VA PTSD 30% rating is low. First things first, though is to deal with the SSA exam. As soon as that is dealt with - - -, It's possible that recent PTSD related class action may have an impact on the 30% rating. It sounds like advice, etc. from a VA case qualified lawyer may be the next step.
  18. Dealing with the government is scary for anyone! To me, the most important thing is make sure that you have evidence of continuing treatment for those problems that make you unemployable, and that that evidence is part of your record. Did SSA send a letter request for additional info, or just a notice of a pending exam?. It might be a very good idea to have a copy of the latest treatment records, etc. when you go to the exam. I've never heard of a court order making you unemployable, although that is interesting. What kind of court made the ruling or order? (local, state, federal?)
  19. The only quibble I have is that I prefer to not login via Twitter/Facebook. Getting to the old style login requires extra steps.
  20. Welcome to the world of the VA! Actually, when this sort of thing happens, you have to be prepared to fight a long term and frustrating battle. Getting a qualifed lawyer may be in your best interest. There are hundreds and likely thousands of veterans that have similar problems related to the VA's claim handling. Unless and until Congress imposes penalties on the VA for it's improper actions, or lack of action, the VA will continue to do "the same old things".. The decades old history of the VA proves that they will, for any and all excuses, stretch out and complicate the process any way possible. Change.org petition The United States Congress: Impose limits and penalty on the Department of Veteran's Affairs
  21. "Intel® HD Graphics Feature up to 1696MB shared video memory" Basically, this says that the 1696MB comes out of the 4GB RAM, So the laptop in very high resolution (usually to a separate display) Will have the remainder of the RAM available of software. Don't forget that the Ops system does use a fair amount of RAM, thus further limiting RAM available for applications. Is it adequate for most office type tasks? Yes, with a caveat as to photo processing and editing of high quality, large images. How does this laptop look for a beginner who will probably do nothing more than emails and surf the net a little. Also - I guess an important thing is will she be able to watch DVD's on it and burn duplicate dvd's and burn music CD's ? Does this have enough RAM for a beginner ? She won't be doing any type of work on it - just mainly entertainment. Also, is this set up for WI-FI. Thanks for your help. carlie http://deals.bestbuy...display++pewter $349.99 HP - Pavilion Laptop / Intel® Pentium® Processor / 14" Display - Pewter Warranty Terms - Parts1 year limitedWarranty Terms - Labor1 year limitedProduct Height1.4Product Width13.4Product Depth9.1Product Weight4.7 poundsEnergy Star CompatibleYesProcessor BrandIntel®ProcessorIntel® Pentium®Processor Speed2.1GHzBattery Type6-cell lithium-ionDisplay TypeHigh-definition widescreen LED-backlit with BrightView technology (1366 x 768)Screen Size (Measured Diagonally)14"Cache Memory2MB on die Level 3System Memory (RAM)4GBSystem Memory (RAM) Expandable To8GBType of Memory (RAM)DDR3 SDRAMComputer Hard Drive Size500GBOptical DriveDVD±RW/CD-RWOptical Drive SpeedsDrive speeds not specifiedDirect-Disc LabelingNoDigital Media Reader or SlotsYes, digital media card readerGraphicsIntel® HD GraphicsVideo Memory1696MB (shared)TV TunerNoMPEGYesBuilt-in WebcamYesModemNoneNetworkingBuilt-in 10/100Base-T Ethernet LAN (RJ-45 connector)Wireless NetworkingWireless-B+G+NBluetooth-EnabledNoS-Video OutputsNoneAudioSRS Premium SoundSpeakersInternalPCMCIA SlotsNoneUSB 2.0 Ports3IEEE 1394 FireWire PortsNoneParallel PortsNoneGame PortsNoneLaptop WeightUltraportable (5.5 lbs. or less)Battery LifeNot availablePointing DeviceTouchpad with multitouch gesture support and on/off buttonHDMI OutputYesBlu-ray PlayerNoOperating System PlatformWindowsOperating SystemWindows 7 Home PremiumSystem Version64-bitIncluded SoftwareWindows DVD Maker, Windows Media Player; Adobe Reader X and moreENERGY STAR QualifiedYesBest Buy PC AppNoGraphics ChipIntelDND_Operating_System_VersionWindows 7DND_services_03YesDND_Color CategorySilver/GrayDND_Embedded_Mobile_BroadbandNoDrive Capacity500GBGraphics CardIntel® HD GraphicsDND_AvailabilityIn Store & OnlineUPC886112347840 14" screen, 4GB DDR3 memory, 500GB hard drive and Windows® 7 Home Premium. Laptop and tablet screens are measured diagonally. Enjoy high-definition images on this HP Pavilion g4-1229dx laptop's 14" widescreen display. An Intel® Pentium® processor elevates multitasking capabilities, boosts productivity and enhances your entertainment and Internet browsing experiences. <li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; font: inherit; vertical-align: baseline; ">Windows 7 Home Premium installed Learn more.<li style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; border-top-width: 0px; border-right-width: 0px; border-bottom-width: 0px; border-left-width: 0px; border-style: initial; border-color: initial; font: inherit; vertical-align: baseline; ">Learn more about Intel® processors. Information provided by Intel. What's IncludedHP Pavilion Laptop / Intel® Pentium® Processor / 14" Display / 4GB Memory / 500GB Hard Drive6-cell lithium-ion battery65W AC adapterSoftware: Windows DVD Maker, Windows Media Player; Adobe Reader X and moreOwner's manual Product Features14" LED-backlit high-definition widescreen display With BrightView technology and 1366 x 768 resolution showcases movies and games in stunning clarity.500GB hard drive (5400 rpm) Offers spacious storage capacity.Intel® HD Graphics Feature up to 1696MB shared video memory for lush images and intense detail. HDMI output for flexible connectivity options.Built-in HP webcam and digital microphone Make it easy to video chat with family and friends.Multiformat media reader Supports Secure Digital, MultiMediaCard, Memory Stick, Memory Stick PRO and xD-Picture Card formats.Intel® Pentium® processor B950 Features a 2MB L3 cache and 2.1GHz processor speed.4GB DDR3 SDRAM For multitasking power, expandable to 8GB.Multiformat DVD±RW/CD-RW drive Create custom DVDs and CDs.3 high-speed USB 2.0 ports For fast digital video, audio and data transfer.Built-in high-speed wireless LAN (802.11b/g/n) Connect to the Internet without wires.Built-in 10/100Base-T Ethernet LAN With RJ-45 connector for quick and easy wired Web connection.Weighs 4.7 lbs. and measures just 1.4" thin For easy portability. Full-size keyboard allows easy data entry.HP Imprint finish in pewter For a stylish appearance.Microsoft Windows 7 Home Premium Edition 64-bit operating system preinstalled Provides a stable computing platform for word processing, Web navigation, media storage and more.Software package included With Windows DVD Maker, Windows Media Player, Adobe Reader X and more. Microsoft Office Starter 2010 also included (product key card required for activation; sold separately).ENERGY STAR qualified Designed to use less energy and meets strict energy efficiency guidelines set by the Environmental Protection Agency and U.S. Department of Energy.Intel, Pentium, Celeron, Centrino, Core, Viiv, Intel Inside and the Intel Inside logo are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.
  22. While I was able to get into E benefits, it's obvious that the information is outdated, and even incomplete. Some of the later entries are missing, and a decision and award made in April is showing up as pending.
  23. The real strike against you is your age. SSA seriously tries to avoid granting SSDI to someone of your age. It's not law, just administrative practice. The more evidence in your favor, the better. SSA may call for an additional exam by a doctor they designate before it's all said and done.
  24. A quick check showed that the VA is using something that in this case mostly agrees with "as the crow flies", rather than anything near road mileage. As the crow flies actually produced a distance of one mile more than the VA's figure. ?????? Again, the VA says (in writing no less) one thing, and does another! http://www.va.gov/healtheligibility/Library/FAQs/BeneTravelFAQ.asp#currentmileage
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