Philip Rogers

Someone recently posted a news article that the VA's stressor requirements are being dropped but until it's official I wouldn't count on it. You can take that document with you to your C&P, although I don't know how much help it will be. The stressor issue is basically decided by the adjudicator and they generally require documentation of the incident. It should be an incident where you were in fear of your life or physical harm/injury. You can/should relate this stressor/incident to the examiner during your C&P exam. pr

It may be too late for a malpractice claim, as there is usually a 2-3 yr time limit. I think it's 2 yrs on an FTCA claim. pr

I believe once you hire an attorney, your claim becomes flagged and only management is allowed to access it. This is to protect your claim and the VA, so that no errors occur in the handling of your claim. I have an atty and that's the way it's handled. Only the Service Manager can access my c-file. pr

I believe you can as an 1151 claim. Have they cleared up the osteomyelitis? pr

cg - yes, I think ya could! jmo pr

At minimum I think you'll get back to '01, and maybe back to '92 and could win back to discharge, by them calling a CUE on themselves. You'll probably have to push them for the CUE but I think it can be done. jmo pr

Cowgirl, I don't think PTSD became an accepted psychiatric malady/diagnosis until around 1981 and therefore couldn't be claimed in 1971. jmo pr

Testvet - I recommend they file a claim for it, even if 100%, as a way to open the door (via a new disability) to the VA life insurance, offered earlier but not picked up at thaat time. It's probably the easiest to get approved. jmo pr

I'd call a CUE on the original decision. jmo pr

Carla, do you have the blue sheet that has all your diagnoses on it?? It should be listed there? Also on all subsequent blue sheets. If not, it appears, to me, that they are treating this as an increase claim, which is good for you. S/C is the hardest part of a claim to get. If not, I would call a CUE on it because you should have received s/c rated at 0%, originally. jmo pr

Rockhound - first think of the VA as a giant insurance company that is not on your side and doesn't want to pay you. If you understand that then you'll see why they only connected the nasal fx. What is the psychiatric disorder they labeled you with for discharge?? I hope it wasn't personality disorder. You need to appeal their denial. jmo pr

Hemorrhoids are routinely s/c but at 0%. It's a case where s/c is awarded but the claimant gets no payment. So what's the problem, they only denied compensation, not s/c? They awarded s/c but at 0%, so any claim that the condition is worsening is a claim for increase. It's pretty straight forward. pr

Thanks, Betrayed!!! Exactly what I needed. pr

I'm looking for a link to the exam guidelines. tbird used to have one at the old site. Need the original PTSD exam (which changed a few yrs ago), plus A&A and housebound. Thanks! pr

I know of no way to get the VA to forgive the recovery of severance pay, nor have I ever heard of it happening and I have been active in the VA claims process since 1989. Best thing is to get more disabilities rated s/c, so that recovery is quick. jmo pr

Allsup has a 97% win rate because they screen the claims and refuse any that are not what they consider a absolute shoe-in. pr

Ricky(aka nice guy) - yes and no, we're agreeing. I am only referring to claims for an increase. I believe a claim for TDIU is a new claim. jmo pr

I posted my photo, wearing my headgear, but because I'm stealth, when wearing it, you couldn't see me. The knitting needles really improve its stealthiness. ;-) pr

I used to worry about this also but I've found wearing aluminum foil, on my head, with some knitting needles sticking out has made me stealth and they can no longer track me. You should try it. Det. Siphowitz(sp) recommended something similiar, on an old NYPD broadcast. jmo pr

CG - I would check the 60 day block or request whatever additional time you'll need. I have a current appeal and am requesting the 60 days be extended to 120 days, to submit additional evidence, just to cover myself. I believe you have 1 yr anyway but I like to cover my bases. jmo pr

I'm not sure but mine took 3-5yrs after the Traveling Board Hearing but I'm fairly sure it was 5yrs and that was before the VA was so backed up w/claims. My hearing was either in '94 or '96 and my award was in 9/99. My DAV SO did a lousy job but fortunately the evidence was there and I won. Not sure but I think mine was remanded for more developement and a decision and then, when the RO continued to deny, had to return to the BVA for decision during that 5yr period, also. Good luck!!! pr

Ricky, thanks for your well worded argument/explanation but I'm afraid we'll have to agree to disagree on this one. First, I'm refering only to claims for increase. The Court used the word "must" - not could, not should, not might, not may, not can, etc. but "must" meaning it is not a choice. Of course we all know that at anytime a rater may choose to ignore the regs but that leaves the claim open for NOD or CUE, by either side. Should the rater choose not to exam the DVA could, at a later date, call a CUE on themselves and attempt to recind the award. By not ordering an exam and then denying the claim it sets it up for a long drawn out appeals process. I think the Court saw this and ordered this to protect the claimant. I feel the exam is a good thing, unless, of course, the claim is questionable. pr

Technically, I believe, IMO stands for Independent Medical Opinion. pr

I think you're at least eligible for a "k" award, due to inability to procreate. pr

Cowgirl, (Morgan, Tyler, Ricky & Wings too) - I don't know how to locate it, nor do I have the time, given my lack of computer skills, but according to the VBM, 2007 edition, page 380, under 5.8.4 Duty to Assist Requires, it states: The CAVC has held that "a medical examination for the purpose of determining the current level of disability must be conducted before (such a) claim can fairly be adjudicated." Proscelle, 2 Vet. App. at 632, 38 CFR 3.326(a),(b.)(2007). So, as you can see, it is not the "rater" that decides to exam or not, although he/she could decide not to exam, thereby leaving the claim open for appeal or maybe CUE. jmo pr