kkp

Cavman I just went back and reread your post. I nearly fell out of my chair, Maybe its a good omen. The only difference I can find is ( they sent you an iu form) and I down loaded one off hadit that berta posted. Your iu claim proably has more legs since the ro sent you yours.

Cavman I filed my original claim in feb 2004, was granted 50%, and my rep sent nod with in a week. I did as you only I called once a month. I kept notes on who I spoke to and what they said, I have continued this process and added the e-mail thing every couple of weeks, Who knows a written record may come in handy some day. I make paper copies of every thing we discuss, because what they tell me each time seems to be contrary, to the time before. maybe someday these written contradicyion from the ro will come in handy at a bva, maybe not. But rest assured i'll keep calling Keep fighting the good fight and keep c in remission. kkp

Cavman I filed my nod in feb 2005 . I check in with hatit several times a day, and have read most of you're posts. I have a feeling we will both prevail in the in, so just hang in there. Cancer is a terrible thing to have, but I know a lot of people who have defeted it, and by the grace of GOD you will to. Hang tough bro.

Berta I actually went to one of the more reputable board certified Psychiatrist in our state after flling for ptsd, but befor I recieved my 50% award. I didn't go for an imo because at that time I didn't know what an imo was. I went because I was in a very bad state of mind. Fortionatly my wife of 36 years realized I needed help quickly and made the appointment. I would never tell anyone what he said that knew me, but thats the nice thing about hadit. We are all vets and no one wants to know your name. ( by the way by the grace of GOD and the meds I 'm on now the future looks much better) Here is what he had written in his report that my rep got a copy of when when he decided we should file aan nod Mental status examination: He is neatly and appropriately dress. Initially he maintains poor eye contact and looks away. This resolves during the course of the interview. He's obviously quite anxious and grimaces and purses his lips often during the interview. He appears restless, tense and anxious. He cried easily and had to excuse his wife from the room recalling the stressful memories that caused the PTSD symptoms mentioned above. He is alert with intact recall orientation, judgement, insight and abstraction, which is commensurate with his level of edcutation. There is no evidence of hallucinations, delutions, or homicidal idealation. He is suicidal idelation without intent. Assessment: MAJOR DEPRESSION, RECURRENT296.32 2. PTSD 3. OCD AXIS 11. OBSESSIVE COMPULSIVE PERSONALITY AXIS111. AS ABOVE, AXIS IV SEVERE TRAMA AND DISABILITY AXIS V. GAF 40 Treatment plan: He should pursue treatment with a psychiatrist with considerations for Seroquel for ptsd nightmares, perhaps Lamictal for mood and the nightmares and more complete treatment of his OCD and depression. The va people agreed with his accessment and furnish the two meds he recomended along with two others they wanted me to take. Well that wasn't an imo, but that is what we sent along with the appeal. kkp

Berta I actually went to one of the more reputable board certified Psychiatrist in our state after flling for ptsd, but befor I recieved my 50% award. I didn't go for an imo because at that time I didn't know what an imo was. I went because I was in a very bad state of mind. Fortionatly my wife of 36 years realized I needed help quickly and made the appointment. I would never tell anyone what he said that knew me, but thats the nice thing about hadit. We are all vets and no one wants to know your name. ( by the way by the grace of GOD and the meds I 'm on now the future looks much better) Here is what he had written in his report that my rep got a copy of when when he decided we should file aan nod Mental status examination: He is neatly and appropriately dress. Initially he maintains poor eye contact and looks away. This resolves during the course of the interview. He's obviously quite anxious and grimaces and purses his lips often during the interview. He appears restless, tense and anxious. He cried easily and had to excuse his wife from the room recalling the stressful memories that caused the PTSD symptoms mentioned above. He is alert with intact recall orientation, judgement, insight and abstraction, which is commensurate with his level of edcutation. There is no evidence of hallucinations, delutions, or homicidal idealation. He is suicidal idelation without intent. Assessment: MAJOR DEPRESSION, RECURRENT296.32 2. PTSD 3. OCD AXIS 11. OBSESSIVE COMPULSIVE PERSONALITY AXIS111. AS ABOVE, AXIS IV SEVERE TRAMA AND DISABILITY AXIS V. GAF 40 Treatment plan: He should pursue treatment with a psychiatrist with considerations for Seroquel for ptsd nightmares, perhaps Lamictal for mood and the nightmares and more complete treatment of his OCD and depression. The va people agreed with his accessment and furnish the two meds he recomended along with two others they wanted me to take. Well that wasn't an imo, but that is what we sent along with the appeal. kkp

Timetowinarace Everything you say makes since (kind of) Not being the smartest person in the world I just hope I havn't set myself back a couple of years. I'll have this great idea today and act on it, but when the sun rises the next day I think you big dummy. I have all these great ideas in the afternoon after taking all my meds. I think tomorrow when I wake up I'll have my wife to hide the keyboard from me befor she goes to work. Once I hit the send button its to late, But the walls dont tell anybody, and they forgive me later when I change my mind.

No I havn't got a letter acknoledging the nod on the right knee. Remember I sent it in with an imo from dr. Bash. and several letters from family members. As far as the ptsd I have sent in quite a bit of new information, including an imo from a very reppuatable shrink and a list of meds (4)and how they affect me, as well as progress reports from counslers. All of the above have given me a gaf between 40 and 50. Last week my counsler told me it was unbelivable that I was only rated 50%, and I seen him type that in his notes, which I will get a copy of next week and send in. It was from you and others I decided to file the iu. I dont suppose it has been kicked back yet as the ro made refferance to it, as a new claim. I read the case you refured to and I am glad for that vet. I hope they are considering my ptsd and iu, but who knows thanks kkp

I wont try to explain whats going on in my case, but will attach a copy of a series of e-mails I have had with my ro recently. I have been reading alot on this subject here on hadit. Remember, you, have to start at the bottom-up for proper sequence I did notice in my last responce from them they didn't mention my appeal on my right knee, so I guess I need to call and make sure they got it. I wonder also since I decided to handle my own case if I may have screwed it up already. Anyway maybe this will help someone understand their case better. Actually I think it has blurred my vision even more. I appreciate any input. (I pointed out in my first e-mail, that I was 50% ptsd and filing for iu. Does their responce sound incurraging or va bull ---) I hope I'm not breaking any laws posting these e-mails. kkp I would like to know the status of my ptsd claim. Is it in line to be reviewe... Discussion Thread Response (Department of Veterans Affairs) 11/01/2006 09:28 AM Dear Mr. --------- This is in reference to your recent e-mail concerning your appeal. Our average processing time for appeals is just an average. Some appeal may be completed earlier than that time, while other may take longer due to the type of issues under appeal, or if additional claims have been filed during the appeal process. In your case, we received a claim for Individual Unemployability (IU) on September 27, 2006, and are currently working on that issue before we can continue to process your appeal. Because of this claim, we cannot determine an approximate date when your appeal will be completed. Once we complete the initial review of your folder for your current claim for IU, we will send you a letter explaining any additional evidence we require to process that claim. We will then continue to process your appeal at that time. Do You Have Questions Or Need Assistance? If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you. Sincerely yours, ------------ Service Center Manager Veteran/Inquirer 10/27/2006 02:32 PM Dear ro person since my notice of disagreement on my ptsd was filed in feb. 2005 and the average processing time is 660 days, does that mean I should know something by feb. 2007.Is my file at the rating board or where. I just dont know how the system works. I need some good news (PLEASE). Response (Department of Veterans Affairs) 10/20/2006 01:27 PM Dear -------- This is in reference to your recent e-mail concerning your benefits. Once we receive your notice of disagreement, the Appeals team will review it, and the information in the folder, to see if additional evidence is required. Our average processing time is currently for an appeal is approximately 660 days from the date we receive your notice of disagreement. With all claims in the same folder, there may be a possibility of a delay based on the amount of work required to process each claim. Once a decision is made, or if additional evidence is required, we will notify you in writing. Do You Have Questions Or Need Assistance? If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you. Sincerely yours, -------- Service Center Manager Veteran/Inquirer 10/20/2006 10:26 AM I also sent a nod on my right knee recently, with new evidence. How will this affect my ptsd appeal, and the unemployablility request. what is the time line for the knee. I mean will it be looked at first. My rep didn't know the answer to these questions. Response (Department of Veterans Affairs) 10/04/2006 08:56 AM Dear Mr. ------- We are currently processing your appeal for PTSD. We received your Notice of Disagreement on February 28, 2005. Unfortunately, our average processing time for appeals is currently 660 days from the date we receive the Notice of Disagreement, so it may be some time before you receive additional correspondence. We are also working on your claim for individual unemployability that we received on September 27, 2006. The average processing time for this type of claim is currently 243 days. We will consider all evidence provided when making a determination on your claim. Once a decision is made on either claim, or if additional evidence is required, we will notify you by mail. Do You Have Questions Or Need Assistance? If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you. Sincerely yours, ------ Service Center Manager Veteran/Inquirer 10/03/2006 02:43 PM I would like to know the status of my ptsd claim. Is it in line to be reviewed soon. Can you give me a rough estimate of when I'll be hearing something. Also I am presently rated 50%. I sent in with other material a 21-8940 form for unemployability, will this be considered.I also sent in the side effects of the meds i take will this be considered. thanks

Berta You are probably right, however, what I was speaking of is when you bring each members review up you will find that I am the only one on the entire board who has this: Warn: (0%) and then 5 blue boxes. I noticed this when I clicked on kkp and I have noticed it for several months. I not only like to read the threads on this board but I also click on other members reviews so I can become acquainted with the background that some share. I hope one of the elders or one of the administrators can tell me what it is. I would also be interested to know when someone else pulls up kkp on their computer to review is this message also on other computers or only mine. I hope it can be explained. If not, I suspect sinister forces at work. I have had to walk on eggshells in filing for my PTSD service connection as some people even today don't want some things known. I will leave it at that hoping someone in administration can enlighten me. kkp

I read this board daily and enjoy it alot. I wish I had more knowledge on some of the subjects so I could join in. I have a question. On my viewer profile I notice something that is not on anyone elses. At the very bottom it has (warn: (0%) then five pale blue boxes. Is this a code of some sort. kkp

I was on Gemfibrozil and simivastatin. I had been on about a month after open heart , when I went to my family Doctor. he said I was lucky to be alive because the two didn't mix. I went for followup for the surgery a few days later and they couldn't believe the va had given me this cocktail. They took me off both and put me on lipitol, My blood work was normal within a month, and I am still alive 10 years later in spite of their efforts. I may have my meds mixed up, but dont think so. If I am, I'm sure someone will set me straight. If I'm right I suggest you see another Doctor right away. kkp

Thanks vike 17-- Makes sence to me

I recently got a copy of my medical records from the local va. As I suffer from ptsd, my memory is not very good. I had forgotten about visiting va shrinks in 05-20- 97 through 2001. I have six reports through this period. I HAD NEVER HEARD OF PTSD UNTIL 9-11 When my symtoms exploded and I went to the va for help.I know I wouldn't have lasted another week had I not gone. ( I know many of you can relate ) I was unoficially ad vised to file for ptsd. It took a year of treatment to learn what it was befor I filed a claim. I was awarded 30% without a c&p in 3 mos. my rep sent a nod , I then had a c&p exam. I remember the shrink telling me if I wouldn" tell him in detail what happened in nam, he would be limited in what he could do to help me. My stessor was well established. Had my wife not been sitting beside me perhaps I could have told him what he wanted to hear, but I doubt it. At any rate I did get my percentage raised to 50% due to his report. My rep appealed this for 70% a year and a half ago and thats where my case is now I've done the imo thing with two shrinks who both give me a 45 on the gaf scale, also I have visited counslers at least once a month for the last year and a half and all their reports are all under 50 on the gaf. Now my question; My report in 5/20/97 states ( and this is only the last two paragraphs0 Mental status examination: The patient's mental status examination today is entirely normal. His affect, vegetative signs of depression, thinking process, motor behaior, and speech are all within nornal limints. His insight is poor to fair, and his judgement is fair to good. DIAGNOSIS Axis 1: Alcohol dependence by history, now in remission. Major depression, recurrent, whith psycotic features. Axis 11 No diagnosis. AXIS 111 history of hiatal hernia. history of false aortic aneurysum, from gun shot wound. History of fractured back History of surgery for coronary artery disease. Axis 1V minimal Axis V current gaf is 80 DISCUSSION: as stated above, I think this man has a unipolar recurring depression whit psycotic features, and he should stay on prozac. The alternative is to use low dose antipsycotic medication, but when one weighs the risk of the prozac versus a neuroleptic, I think the balance comes out in favor of prozac. Treatment plan: The focus of treatment is to prevent the recurrence of depresion and particularly to prevent the recurrence of psycosis.It is also important for this man to abstain from all drugs and alcohal. He is a non smoker, so that is not an issue. RECOMMENDATIONS: 1. CONTINUE PRAZAC 20MG ONE Q.A.M. 2. RETURN IN TWO MONTHS FOR RE-EVAUATION. Dr ----- Psychiatrist I seen other shrinks on my other appoints. they changed my diagnosis to ( depressive reaction, prolonged) Their statement was more closely related to. 1 My question is should I SEND THIS ONE REPORT and omit the others. 2 If I sent the report in question would the information in it help or hurt my case. I know Major depression would proably help, as it has been on every report I have gotten, However I am not sure about the other diagnosis's. The are new to me, and I DONT KNOW IF THEY ARE RELATED TO PTSD OR NOT. lOOKING FORWARD TO ANY IN PUT ON THE MATTER KKP

Berta, Vike17, Pete 53 I thought DR BASHS imo was very good. He took them to task in the areas I thought he should have and several areas that only someone of his caliber could. By the way, I did not mention the 7 pages of accredidations and awards he attached, I was impressed. I wonder what the rater at the ro will think when he puts those up against a souped up nurse's c&p exam. Whole well win, lose, or draw I gave it my best shot. I DONT LIKE TO LOSE AT ANYTHING, AND THEY HAVE MADE ME MAD. kEEP THE GOOD WORK UP GUY'S KKP

John999 I have had open heart surgery. I was fortunate that my wife had insurance and I am on medicare. I cant imagine having to depend on the va for something that serious. I also have a friend who went to the local va last month. They discovered he had an abdominal aortic an-eu-rysm where it splits and goes to each leg. The va helinetted him from the local va to Richmond. Believe it or not they didn't have a bed and sent him home (200 miles) That was on tuesday. they had him come back the following tuesday. He had a cold so they sent him home again to return the next tuesday. He finally had the operation but ,spent 4 days icu. He is home now. He is 83 years old and a very lucky man as they tried every way they could to take him off the roster, but the old vet kicked ass again. kkp

I had about decided to not file a n o d on the R O denial on right knee injury, However I paid Dr. Bash for an IMO, so I took it to my rep today and filed. Here is the quest of his report. FACTS. PATIENT ENTERED SERVICE FIT FOR DUTY PT HAD RT KNEE INJURY WHILE IN SERVICE. 1994 DR.----- X-RAY READING OF DEGENERATIVE CHANGES WITH POSTERIOR OSTEOPHYTE WITH SCOPE FINDINGS OF MEDICAL MENISCAL TEAR, PARTIAL ACL TEAR AND DEBRIDEMENT OF PATELLAFEMORAL DEFECT. 10 JULY "... UNABLE TO STAND FOR MORE THAN A FEW MINUTES... PAIN... WALKING UP AND DOWN HILLS....DOWN IS WORSE...SWELLING... TENDERNESS...CREPITUS... SYNOVITIS... RIGHT SLIGHTLY LARGER THAN LEFT.....MEDICAL, LATERAL JOINT LINE TENDERNESS.... RIGHT KNEE OSTEOARTHRITIS..." DR..(VA DR ASSISTANT). IN SUMMARY IT IS MY OPINION THAT THIS PATIENT'S RT KNEE PATHOLOGY WAS LIKELY CAUSED BY HIS SERVICE TIME INJURY TO THIS JOINT FOR THE FOLLOWING REASONS: 1. HE ENTERED SERVICE FIT FOR DUTY. 2, HE HAD A SERIOUS FALL ON HIS RT KNEE IN SERVICE, WHICH REQUIRED MEDICAL CARE. 3, THE2006 EVALUATION BY DR.----( BOARD CERTIFIED ORTHRO) FOUND AN OSTEOPHYTE, WHICH CAN FORM IN A FEW MONTHS TO MANY YEARS WHICH, IS NOT INCONSISTANT WITH AN INJURY IN SERVICE AS THIS WAS ALSO NOTICED IN THE 1994 ARTHROSCOPY BY DR.---- 4. HE HAD CONTINUOUS SWELLING OF THAT KNEE IN SERVICE AS PER 1966 NOTE ( ATTACHED) AND HAD IT ASPIRATED 10 TIMES DURING THE 1970'S ACCORDING TO HISTORY TAKEN BY DR.---. 5. 2006 SPOUSE ATTACHED LAY STATEMENT DOCUMENTS SWELLING AS EARLY AS 1968. 6. THE PATIENT HAS A DIAGNOSIS OF DEGENERATIVE ARTHRITIS AND HAS HAD ARTHROSCOPY FINDINGS OF INTERNAL DERANGEMENTS AS DOCUMENTED IN 1994 BY DR......ABOVE. 7. IT IS WELL KNOWN THAT INJURIES TO JOINTS EARLY IN LIFE LEAD TO ADVANCED DEGENERATIVE ARTHRITIS DUE TO LIGIMENT LAXITY. THIS CONCEPT IS WELL DESCRIBED IN THE FOLLOWING EXCERPT FROM TUREK AND THE SAME PATHOPHSIOLOGY ANALOGOUSLY APPLIES TO OTHER MAJOR JOINTS: "At the onset, tearing of ligaments and subluxation are manifest by local symptoms of low back accentuated by the motion which stretches the ligaments... Eventually, symptoms of localized degenerative arthritis are supper imposed...: (Turik page 853) 8. This case is confusing because many non-xray-professional Physicians such as orthopedic surgeons or primary care Physicans have read many of this patient's early x-rays. (If all of the old films were made available to me I would be glad to review them for additional contexual information). The difference between non-union and bipartite for example is important in determining the precise time of this patient's knee injury. Futhermore, much of this patient'S current knee pathology is only visible on arthroscopy, which he did not have until 1994. In the record, I found seemingly contrary opinions by the rater that stated that since no chronic disability was shown on discharge examination from service and that since the va examination of 7 june 2006 by dr.... stated that this patient's rt. knee degenerative joint diease was not related to service that this patient's right knee pathology is not due to his military service. It is well known that basic discharge Physicals would be falsely negative for this patient's type of injury of internal knee damage that early on was only identified on arthroscope. This patient had a positive, arthroscope, which clearly shoes his injuries. The opinion of Dr..... basically states that this patient's type of current knee pathology is known to happen with a fall on the knee with direct force applied to the patella but he feels that this patient's falls happened outside of service befor or after service due to Dr.... evaluation of osteophytes. This opinion does not incorporate the patient,s history of a fall in service, the 1966 note that states that the patient has had swelling in his knee for over a year ( attached) or the patient's history of service time swelling or the concept of old patella nonunion fracture diagnosed by Dr.... or the concept that osteophytes can form over several months or several years which would not be inconsistent with an injury in service because we know that this osteophyte was also noticed in 1994 arthroscopy by Dr... These opinions are seemingly contrary but if they were to be redone considering the context of the case (nonunion of frcture, false negative aspects of plain films, 1966 clinical note, osteophyte formation natural history, literature) they more than likely would be consistent with my opinion above. In summerary, this patient's history of injury in service, non-union, negative discharge physical and current advanced degenerative right knee arthritis all follow consistant medical logic and his post service falls complicate his current knee pathology as they are likely to have contributed to his current knee derangements. It is impossiable to assign specific percentages of contribution of his service time injuries vs his post service injuries other than to say that they both contributed significantly to his current right knee problems,but it is likely that his current right knee problems, are due to his service falls documented on at least two medical visits during his service time. If anyone has an opinion, I would like to here it kkp

To those who remember I decided to use Dr. Bash on My rt. knee claim. He told Me on the phone he would examine my file and if he thought he could win my case He would cash my check, if not he would send it back. I notice on my online banking this morning he cashed the check. I also Emailed my ro yesterday about my ptsd claim and got my reply this morning. I am pasting a copy at the end of this post because its a topic thats been discussed alot recently. So I'll give you guys something straight from the horse's--- sorry, I meant to say mouth. When I talked to Dr Bash ,he told me he could proably get an appeal within three months in Dc. He also said I could waive my ptsd claim from the ro to Dc and have both cases appealed within three months. all things being equal I think thats what I'll do if possible. I am only 50% ptsd. kkp We are currently processing your appeal for PTSD. We received your Notice of Disagreement on February 28, 2005. Unfortunately, our average processing time for appeals is currently 660 days from the date we receive the Notice of Disagreement, so it may be some time before you receive additional correspondence. We are also working on your claim for individual unemployability that we received on September 27, 2006. The average processing time for this type of claim is currently 243 days. We will consider all evidence provided when making a determination on your claim. Once a decision is made on either claim, or if additional evidence is required, we will notify you by mail. Do You Have Questions Or Need Assistance? If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you. Sincerely yours, L. D. WELDIN Service Center Manager Veteran/Inquirer 10/03/2006 02:43 PM I would like to know the status of my ptsd claim. Is it in line to be reviewed soon. Can you give me a rough estimate of when I'll be hearing something. Also I am presently rated 50%. I sent in with other material a 21-8940 form for unemployability, will this be considered.I also sent in the side effects of the meds i take will this be considered. thanks

Can stress not related to my stressor bring the ptsd symtoms back. I am 50% ptsd/mdd and was recently exposed to a very upsetting event, non related to my stressor, and my ptsd symtoms have been much worse since then.If anyone thinks there is a relationship,can you point me to some literature I can read on the subject. Understanding why I feel the way I feel sometimes helps. Thanks in advance kkp

Berta, I posted a site last evening for you to go to get the information on unemployability we have talked about. I apologize but I gave you the wrong Internet address. I am referring to unemployability with the 60% or a 70% in combination if there is more than one disability with one being at least 40%. Berta, I still think it would be a good idea for you to post this because many more people read your posts than mine. You will find it under Electronic Code of Federal Regulations (e-CFR) Title 38:Pensions, Bonuses, and Veterans Relief. Article 4:16 Total Disability Ratings for Compensation based on Unemployability of the Individual. You will find an (a) and a (:D. You will find it under (:D. Authority 38:U.S.C.501. 10thFO, I am not a lawyer in training but with any luck I will start imaginary prelaw next year. Meanwhile, I will keep studying. We are going to attempt to cut and paste it. Wish us luck. 4.16 Total disability ratings for compensation based on unemployability of the individual. top (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Berta, I apologize for not telling you where it is to start with. Please look in the Electronic Code of Federal Regulations (e-CFR). Scroll down to Article 4.16-Total disability rtings for compensation based on unemployability of the individual. There is an (a) and (:D. You are looking for Authority 38 U.S.C. 501 under paragraph b. The website is http://ecfr.gpoaccess.gov. I am sure you will have no trouble finding it now. You seem to be quite popular on the forum so if you would post this, perhaps a lot of Veterans who don't know about it could be enlightened. 10thFO, I like your statement of being a lawyer in training. I guess I will consider myself in pre-law and try to work up to your level. Thanks, as always. KKP

Berta it's hard to believe I could teach you anything, but if I did I'm glad. As we are all always looking for new amunition. You are well known on the forum, perhaps you could post ( authority: 38 u.s.c. 501). Your posts are widely read. I also feel kind of bad as I feel I opened the door to alot of the Dr. Bash bashing thats been going on the last couple of days. I have talked to him once and I trust him. I sent him everything he requested yesterday. Last evening we e mailed him as he requested to let him know I decided to use his services. I am a little hard of hearing some tones, his is one of them so we gave him my wifes work number also last night. He called her this morning and taked about my case. She thinks very highly of him also. I also went by the va hospital and got a copy of all my medical records back to 1997. Everthing is arcived past that point. As you know ptad works on your memory. I was absolutly amazed as I went through them last night. I had completely for gotten about being theated By boared certified shrink that far back. My diagnosis from 1997 till 2000 was mdd with a gaf around 80. I know the ro got those records but there is no mention in any of there reports. ( My gaf has stayed 45 for over a year and never more than 50 since 02. That includes 4 shrink than 5 and social workers. They also theated me for my knees on numerus occations. They wanted to do surgery on my right knee in 2000. But what really burns me up, of all the records describing the damage to both knees with DJD , they pulled one sheet and sent it to my C&P. tHAT WAS LAST FALL WHEN i FELL ON BOTH KNEES AND WENT TO THE VA ER. THE TEC. WAS LOOKING FOR A BREAK AND THATS ALL HE COMMENTED ON. That was 1 of thirteen visits. I,m going to do as Dr Bash suggested and waive this out of the ro directly to the BOA in DC And if my ro hasn't rerated my ptsd claim by the time he gets my knee docked Im waiving it also. Dr Bash seems to think we can have this over with in two or three months. IT'S PLAIN TO SEE IT COULD TAKE YEARS DEALING WITH THE DING DONGS AT THIS RO Its nice to vent if even no one ever reads it .kkp Thanks to all

Well Berta and the rest of the gang Berta if I was ever on a debate team, I sure would want you on my team. I expect when one of your letters comes into the New York ro they all run for cover. If allowed I imagine your late Husband has formed a cheering section in Heaven. Some day we'll know , won't we ? Well I took my material to my rep taday, I used your courage as I'm a little bashful. It included My hand written letter( work at home taken out Josephine) Berta I did as you suggested and got copies of my meds off the internet, all four of them and then highlighted all the side effects that pertained to me. It look like a yellow Zebra when I finished.I took a very heart felt letter from my Wife, a filled out copy of the21-8940 form for (unemployability) A copy of authroity: 38 U.S.C. 501 that plainly states you can qaulify for Unemployability wihtout certain percentages. Well. to say the least he didn't sound to pleased. I heard him say under his breath they will just kick it back. I asked him what he said and he said he was just thinking out loud. I told Him I heard what he was thinking, and ask Him to read to me what article 38 u.s.c. 501 said. He turned kind of red, and then I told him I knew what he had been taught, but this is their regulations not mine. I also told Him even if they kick it back I have at least confirmed a starting date. Believe it or not He seemed happy when I left as if I had taught him something. I expect most Vets would agree that none of us wanted COMBAT, but faced with it The courage was there, and we did what had to be done. We knew the rules of combat, we had been trained to survive. Well this is kind of like combat to me but without a rifle. I feel like I have just finished basic training and now I.m ready for a.i.t. I wont speak for anyone but myself now. You Gals are braver than I am when it comes to this typy of war. and I want to add my appreciation to you guys for your support thank as always.

Well Berta and the rest of the gang Berta if I was ever on a debate team, I sure would want you on my team. I expect when one of your letters comes into the New York ro they all run for cover. If allowed I imagine your late Husband has formed a cheering section in Heaven. Some day we'll know , won't we ? Well I took my material to my rep taday, I used your courage as I'm a little bashful. It included My hand written letter( work at home taken out Josephine) Berta I did as you suggested and got copies of my meds off the internet, all four of them and then highlighted all the side effects that pertained to me. It look like a yellow Zebra when I finished.I took a very heart felt letter from my Wife, a filled out copy of the21-8940 form for (unemployability) A copy of authroity: 38 U.S.C. 501 that plainly states you can qaulify for Unemployability wihtout certain percentages. Well. to say the least he didn't sound to pleased. I heard him say under his breath they will just kick it back. I asked him what he said and he said he was just thinking out loud. I told Him I heard what he was thinking, and ask Him to read to me what article 38 u.s.c. 501 said. He turned kind of red, and then I told him I knew what he had been taught, but this is their regulations not mine. I also told Him even if they kick it back I have at least confirmed a starting date. Believe it or not He seemed happy when I left as if I had taught him something. I expect most Vets would agree that none of us wanted COMBAT, but faced with it The courage was there, and we did what had to be done. We knew the rules of combat, we had been trained to survive. Well this is kind of like combat to me but without a rifle. I feel like I have just finished basic training and now I.m ready for a.i.t. I wont speak for anyone but myself now. You Gals are braver than I am when it comes to this typy of war. and I want to add my appreciation to you guys for your support thank as always. kkp

This is not a good day so please excuse mistakes I typed this once and somehow I lost it, thats a big thing for me because I am such a slow typer. I have decided to go with Dr. Bash on my knee as I am tired of fooling with the local ro., and a green rep to boot. I spent most of the weekend putting together the materal Dr Bash requested. I have it all ready to send except a letter from my wife he requested. She is working today but called and said she has it ready, so I will fed-x it tommorow. I will say this concerning the debate thats been going on about Dr Bash. He told me after talking on the phone that he thought I have a very strong case, and winnable. However he said after examining my file he would send my money back if he changed his mind. If decides to write imo he would like to skip the local ro and have my case docketed in DC. He seems to think it could be on docket within three months there As some will remember I am 50% ptsd/mdd. I had been denied a 70% appeal and was appealing to the panel of judges that travel to ro's. When I filed my claim on my sc knee the ptsd claim was put on hold until the knee issue was resolved. My knee claim was denied and when I called the ro about the status of my ptsd claim, I was told since I had sent in another imo from a board certified shrink it would have to go back befor the rating board at the ro . If I disagreed with that decisicn I could reappeal to the panel of judges.since it was going to be reviewed again I went to the VA and got copies of my progress reports and took to my rep. I also ask him to fill out an tdui. He said they wouldn't accept it since I hadn't reaced the percentages they required. I thought he was wrong didn't know what to do so I posted it here When I seen how IRATE Berta, Vike17, and others were I knew I was right. Berta sent me a copy of the form 21-8940. I filled it out over the week end along with a letter from my wife explaining how the meds affected me to the point that I couln't work. My wife wanted me to dictate a letter so she could type it. I told her no I would hand write it. After she read my letter she asked me if I would post it here on hadit and get you guys oppinion. I dont know how to cut and paste so i'll just type what I wrote dear people at ro anyone who would give me a job proably takes more meds than I do i take 16 prescription from the va 4 of those are for ptsd. i cant even trust my self to take my own meds. i stay so dizzy and tired i cant seem to think straight.my wife puts them in a pill box for the week. i even screw this up, sometimes i take todays noon pills out of tomorrow space the ptsd meds are alprazolam0.5 4 aday. quetiapine fumarate 25 mg-3 at bed timeand i still dont sleep four hours a night. bepropion 100 mg 1 1/2 two times aday sertraline 150mg daily for ptsd/mdd it says on this paper i am reading going to change this to citalopram 40 mg a day. i dont drive much anymore, . idint even go out much anymore. as far as working concider this my resume. i could proably work for you guys because you guys understand and maybe let me work at home. thank ---------------- my wife wanted to type this but i can still write. My wife thinks this may not be well recieved. I'm not so sure I think alot of the fokes down there think we are idiots. COME BACK BERTA VIKE 17 AND ALL OTHERS WHO HAVE SERIOUS OPINIONS. By the way Dr Bash thinks if I havn't got a decision on the ptsd, I should waive it also and have it all taken care of in DC where he can help, and possibly have this over with one way or another in a few months. Opine please kkp

I talked to Dr Bash yesterday After our chat he advised me that he thought he could help me win an award for a knee injury suffered in service. He told me what documents he wanted me to send along with a check for a certain amount. By the way He said after examining my files if he didn't think he could win my case he would refund My check amount. He sounds like a straight up Guy to me, but this dosn't answer your question. Does it? My tells me to go with Him. :D