Chuck75

In addition to what others have said - - firing a veteran for a service connected disability is cause for an employer to be barred from government contracts. I'd also suggest that you get a lawyer asap. $2800 seems quite low, however that may depend on a variety of other factors, such as how long you worked for the company, rate of pay, etc. There is quite a variance between states as to labor law. The state I live in is an "at will" state, meaning an employer can fire without reason at any time.

I'd rephrase that to "if they feel like it". There is a denied claim in my records with military treatment records that flatly state "duty related". My lawyer and I intend to pursue this issue as soon as other major Nehmer claims are resolved. The claim involves a small per month amount. If the full copy of the records are reconstructed properly, multiple denials are involved, going back as far as 1969. The reason for the denials? "Not service related" Let's see, that might amount to ~$23,000 A big problem in 1969 was the time and difficulty involved in just getting the VA to do an exam at a distant VARO.

Because they could? Deferring a claim is hardly the "expeditious" claim processing required by the Nehmer decisions.

If you have a copy of your VA file that contains the records, thus "proving" that the VA already has them, that's a step in the right direction. I'd be tempted to write an IRIS inquiry asking for the reasons why they keep asking for records that are "known to be" in your file. "More likely than not", the VA's request is the result of form letters and language, combined with an RO's desire to "check a box" without actually doing much. In the same IRIS, if you choose to do so, you can request that they quit screwing around, and make the determination based upon the existing records. (There are pro's and con's to this one!) A "justification" for repeated C&P's has to do with "current information". The VA can easily delay until the information in the file is dated by the VA's standards, thus allowing them to delay further until the information is updated. Unfortunately, this cycle can continue as long as the VA allows it to do so. It may be about time for you to get others involved to "break" the cycle. (Lawyer, Politician, news media, etc.)

I got a runaround about getting a copy of a C&P from the VARO and the VAMC that conducted the C&P. Finally, I was able to get a printed copy at my local VA clinic! (A contract operation, no less!) Once the C&P makes it into your electronic file, a VA medical clinic should have access. The only fly in the ointment was that the clinic's software did not properly format columns of data that were associated with test results. I assume that tab settings on the original vs the clinic's were the source of the problem. It also has to do with conversion of formatted documents into text documents, since I also see this sort of thing when I convert a text file to a word file or the other way around.

The VA call to you is a very good indication that the VA did royally screw up in handling your case. It's Hobson's choice from that point on. Do you wait to see what the VA does, and go from there - - or ask specifically for an EDD going back to the original claim. There is valid logic behind each. Personally, I'd guess that the Atlanta VARO has decided what they are going to do, and just need to get all the boxes checked. Assuming that this is the case, "rocking the boat" might slow down the award process, and a "check in hand". Remember that the VA has a rather poor record of getting things right, particularly the first time around. They are actually (in principal, at least) required to automatically consider the earliest EDD that can be applied. While I believe that many combat and even other veterans suffer from some form and level of PTSD, including myself, I have no personal experience with PTSD exams. I do know that there are exam guides that the VA supposedly uses. From what I've heard, they are not always followed. The new PTSD regs. define the VA C&P exam as the "ONLY" way to get a VA recognized PTSD diagnosis and severity level for compensation. (Don't miss the exam under any circumstances.) If you eventually see a high rating for PTSD, then there may be another detail to think about. Since this is the Atlanta VARO, not WACO, the chances of getting involved with the VA's fiduciary system should be much less. If you see anything that might indicate that the VA is setting you up with an appointed fiduciary, run, do not walk to the nearest veteran's lawyer that is admitted to practice at the federal district court, as well as the VA. I'd also consider having any direct deposits from the VA put into an account that is separate, and even in a different bank than your normal savings and checking accounts. Under the banking laws, a direct deposit arrangement also authorizes the depositor to withdraw funds from the direct deposit account. (The original idea was to allow the depositor to "correct" an erroneous deposit.) In an extreme case, I'd move money from the direct deposit account to the other account(s) via a cash transfer, rather than other means. Getting the VA to correct a "mistake" in the VA's favor can be quite difficult, and time consuming, as I found out in dealing with improper "co-pay" charges going back several years. It involved a serious effort on my part that lasted for almost two years, and a lot of "Ring Around the Rosey" finger pointing between the VARO, VAMC, the VAMC financial operation, a VA Clinic, and finally a VA "insurance audit". A major problem was to identify and contact the proper VA person that could deal with the problem, and then convincing them to look at the details.

I'd be a little concerned with a significant or 100% PTSD rating. As a possible precaution, I'd talk to a lawyer and possibly a doctor concerning competency to manage your own affairs, and in the event that you become incapacitated, appoint someone you trust to manage them. Ideally, getting a federal district court to declare that you are competent to manage your own affairs. (Difficult to get to happen.) State laws differ, and generally federal law may defer to state laws. The VA has recently come under fire for it's extremely poor practices in it's fiduciary program. Waco Tx in particular. Another issue may be to have a bank account in one bank that you deposit VA checks into, and move the money as cash to another bank and account as soon as possible. Many people do not know that an automatic deposit arrangement also (due to the banking laws) automatically authorizes the depositor to withdraw funds as well as deposit them. The VA has been known to be indiscriminate, and seize control of all a veteran's accounts at the same bank, under the fiduciary program. If that should happen, a veteran can be in for a heck of a legal fight. If the VA suddenly decides you are not competent to manage your own affairs, recourse exists in law, but in practice, seems very difficult and time consuming to obtain. Hopefully, the C&P examiner mentioned somewhere that she considered you to be competent to manage your own affairs.

One of the priority ways to handle older Nehmer claims is to transfer them somewhere else. I.E. Atlanta to Bay Pines. Reduces the older claims count, and, I'll bet dollars to Donuts that the receiving VARO gets to start the clock over.

Let me add something -- look at the A.O. related data on the enclosed 2/14/11 sheet. 0%? Hah!

Actually, my experience was that SSA granted SSDI well before the VA got around to even looking at my claim. I was told (at the time) that two things helped speed up the process. First, I filed for early retirement (62). This indicates to SSA that they will be paying regardless. Next, a senior SSA clerk was very helpful, and told me exactly what to do. Another clerk (a junior one at that) was not helpful, and did not have a clue to the process of obtaining an earlier effective date. (Sounds like the VA) I had to go back to the senior clerk to get things to flow as they should.

Given the way the VA does(or doesn't) do things - - With potential retro going back to 1994. I'd sure consider a lawyer. There is a fair amount of money involved in retro, and, in my opinion, and personal experience, the VA will try to minimize things, even when and if they decide to award.

You can, and should appeal the loss of TDIU. If the appeal period has expired, CUE will be your next step. If you decide to go this route, a lawyer will likely be needed.

The quick and simple answer is that your claim dates from 7/2010. The law generally precludes an earlier effective date. If the neck as you seem to say, was denied, you will need to appeal (NOD). A letter to the VA saying you disagree and wish to appeal (Get a return receipt) will start the process. If you have anything in writing from the doctor, was it part of the evidence that was considered?

"Vascular calcifications of the abdominal aorta and iliac vessels" are not usually considered by the VA to be directly related to IHD. BUT - - - this can be related to DMII and other metabolic disorders. If studies show that there is also coronary artery disease (quite possible), then CAD can be related to IHD. A chemical stress test with dye is usually definitive, and will show a cardiologist heart functionality and LVEF. This is much more accurate than a treadmill test. A sonic test is not as accurate, but can also show problems. A CAT scan with dye can also be useful. Some people have an allergic reaction to the iodine based dye commonly used, and may need to be pre-medicated for several days prior. The usual allergic reaction to the dye is a flushing sensation, and/or a prickling sensation centered in the face and scalp. It may be mild or quite unpleasant. Do get a referral to a cardiologist.

Sleep Apnea might be traced to the Disk Disease & Knee problems. I.E. Discomfort wakes you up, you change position, then after a bit of time, the discomfort returns. You would likely need an IMO from a doctor, and sleep study results.

After several years of VA run around, from the VARO to the VAMC to Financial and back again - - With side trips to the Nehmer class action lawyers, and the Senate Veterans committee - - The VAMC called to tell me that an audit showed that the VA owed me a several hundred dollar refund, along with interest. Further, they also owed my insurance company a refund. This was the result of a long term effort, over more than a year or so. It required enough griping and phone calls inside and outside the VA to eventually get the VA to understand that sooner or later, they would do something, or have the ripple effect continue to grow. Specifically, thanks to those at the VAMC that cared enough to make it happen. Some side information The VA puts veterans in different classes, from one to eight. Most "adjucated" service connected veterans end up in class two. Class six is a "funny" class. In part, it includes presumptive conditions that have not been awarded compensation, or have not been adjucated. (Nehmer veterans in general), as well as others. Class six coverage for a presumptive condition - - VA documents on the VA Web site(s) state that an A.O. presumptive veteran is not charged "Co-Pay" for treatment/drugs, etc. due to the presumptive condition(s). The laws require that the VA have a process for a veteran to protest charges that the veteran believes are incorrect. There is a process to wave co-pay for those who fit "low income". No other formal process seems to exist at this time. It looks like the VA financial form for low income could easily be modified to be more general in nature, and fill the void.

You should file an informal (Letter) NOD as soon as possible, due to the March deadline. The fact that the service records show something, and a VA doctor thinks it's something else confuses matters, but should not be the basis for a denial. An independent Medical Opinion may be your best way to go. FILE THE NOD!

The VA doctors have somewhat conflicting guidance. They are allowed to write opinions, etc. for NON VA purposes. They have the discretion to not do so. On the other hand , SSA reviews medical records, including the VA's. Actually, SSA usually pays state agencies to do the review, etc. The records supposedly are enough when they show treatment, severity, etc. If they are not, SSA can order an exam. The real problem is that while you might get an unwilling VA doctor to write an opinion, you likely would not want to do so. You may need to request another PCP. Talking to the patient affairs or advocate might help. Actually, this is an old problem that has occurred more often than it should. I did have a VA doctor write an opinion (Short) using an obsolete VA form some years back. The doctor was a "contract" doctor at a VA contractor run clinic. The VA RO ignored the opinion, although it had some validity at the appeals level.

Yet, on occasion, the VA wants a copy of your non-existent tax return to prove that you aren't making too much money to qualify for benefits associated with low income. (VA Pensions, etc. I presume) Another issue mentioned in the thread had to do with VA disability payments. In general, they do not belong on a tax return. But, there are some optional credits/allowances that, in fine print, require that the disability payments be listed. The wording was quite confusing, the last time I bothered to read it.

Atlanta just transferred a claim of mine. Didn't know a thing about it, until I got a Nehmer notice, etc. a few days ago from Bay Pines VA of all places. The claim has an EDD & claim date of 05-06, and has been wandering around in various stages at Atlanta. Once I got a lawyer involved, (2009) some of the secondary conditions were actually rated last summer, with a low five figure retro. Just to add insult, Atlanta did not add my case to the Nehmer list given to NVLSP? (Nehmer class counsel) as of December 2010. One more award, plus a Nehmer related claim would equal the 160% bit. I suspect that's why several items (currently on appeal) were rated at 0%, and others were low balled. Had the VA behaved in a reasonable manner, I would have been happy with just 100% T&P in 06. Now, due to the long hassle, I'll fight for everything the law allows.

In this case, it looks like SSDI needs some consideration. SSDI eventually also includes Medicare(Two year wait). The 10 years since holding a job can be a problem. The first criteria to meet might be 40 quarters paid in to SSA. Present age was not mentioned. It's true that SSDI/SSA payments are deducted from what the VA might pay, or, cause the VA pension to be eliminated. Only 25 miles away for a VA facility? In our case the nearest VAMC is 60 miles, and cannot handle urgent treatment for many serious problems common to veterans. There is no "supplementary" insurance related to VA medical care. In order to have such a thing, you usually have to carry Medicare A&B (Age dependent) and some sort of group insurance. When you reach 65, some group insurance forces a change to "Medicare Advantage", which seems to be to insurance companies benefit more than that of the client. Both Medicare and the client pay the insurance company. The Client for coverage, and Medicare for administrative costs.

Yes it happens-- the VA does not want you to know the phone number for the VA person that called you.

The VA "had" your fathers file with records that might show the information. You can request a copy. It is likely at the St Louis repository, and actually, still under the VA's control. (Unless it was pulled, due to the Nehmer lawsuit. in which case the VA facility sending you the notice may have the file.) As to hospital records, the federal government allowed hospitals to dispose of old records some time ago. The hospitals also sold old records to be used for "research purposes". I had similar problems obtaining my own records from the 1970's and 80's. The treating doctors may still have records. (Mine did.)

This training letter, "TRAINING LETTER 10-06 Adjudicating Disability Claims Based on Herbicide Exposure from U.S. Navy and Coast Guard Veterans of the Vietnam Era" The training letter contains several misleading and inaccurate assumptions, statements, and conclusions concerning blue and brown water. As a Navy veteran that served on LST1167 and LSMR536, (Small "amphibious" ships) I'd point a couple of them out. 1. Small boats used to ferry officers, crew, mail, small amounts of "cargo" and other items generally had a crew of at least three, and possibly more. The Coxswain was in charge of boat handling. An "engineer" (Snipe) was usually part of the crew, in case the boats engine(s) or other mechanical system had trouble. At least one line handler was also needed. An additional crewman (Radioman) might also be assigned if there was a possible need to communicate from the boat to a ship or shore facility. A "combat" landing party usually also involved a junior commissioned officer, and others when the boat had mounts for (and carried) 30 or 50 caliber machine guns. In this case a "gunner's mate" was also added to the boat crew. If mail was carried, a required passenger was at least a Yeoman that was authorized to sign for ship's mail. Limiting A.O. presumption only to the coxswain is a serious and obvious error. 2. Just because a "bay" such as Cameron Bay, or the bay at Da Nang opens to the sea does not make the bay exclusively "Blue Water" The Cameron Bay is a complex area, with parts open to the sea, and other areas much more sheltered. These sheltered areas are somewhat similar to the river mouth areas in the Delta, and may have significant outflow from rivers, etc. The Da Nang inner bay area had significant out flow from a river that bisected the city, as well as drainage/ runoff from the USAFB at Da Nang. Even today, there is measurable dioxin contamination in the runoff and in areas of the ex USAFB. Harbor areas are often the most sheltered part of a bay. As such they should be considered as a separate area for A.O. presumption. It was about half a century before the VA actually (recently) recognized/decided that LSTs and LSMRs, as well as small boats used in Vietnam waters should be A.O. presumptive. A significant problem is that a coxswain might be granted presumptive status by rate, other boat crew members would likely have to use "buddy statements", since records were not kept. In a few cases, a personnel training/advancement record might show qualifications related to small boat operations, but not actual small boat crew status. The LSTs and LSMRs were commonly a unit of Seventh Fleet (Blue Water), and then further assigned to in country operational support, including "close in" fire support efforts. 7th Fleet LSTs carried cargo and troops, and frequently operated in the rivers and deltas. (Blue Water ships operating in "Brown Water".)

My advice would be to be very careful concerning an increased PTSD rating. The current situation, despite recent changes, is not too favorable. Seems, among other things, the VA is taking advantage of the fiduciary regs to take control of veteran's payments and accounts. This seems to be VA region related, and lawsuits are in the works. Another issue brought on by the changes is that currently, the VA C&P system is the final arbitrator of a PTSD condition. (The new regulations, etc) As to the problem with the military medical officer, it's not an uncommon one, and often difficult to overcome. What I wonder about is what your exam on discharge had to say. This may have a bearing on your situation. In general, your back problem may force you to get an independent medical exam and opinion to add evidence to your claim.