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toothpick
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Posts posted by toothpick
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Retaliation is not justified when you can only lose. You have to play by VA rules to beat them at their own game. If your brother-in-law is a congressman then it might be different.
Well said;
I love this crap! While filing my claim and waiting for different decisions the more they say no the more I find to rebut their answers. I have accepted a difficult mission and FAILURE IS NOT AN OPTION!
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tp,
When and where did you serve ?
When '79-'87 (peace time) I don't think sitting on a tarmac for 2 days waiting to go to Grenada counts.
Where Korea, Germany, 2 stateside units. Injured at NTC (Ft. Erwin, Calif.) in '82
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tp,
I sure hope this gets adjudicated as SC'd.
Did you have a documented head injury on AD ?
Hi Carlie,
Sure, it's all well documented. The date and even time of accident, evac orders to base hospital, 3 days in our MASH, and 21 more days of dazed and confused bed rest (if you can call a cot bed rest!) Just in case it wasn't I had copies made at the time of injury and have kept them safe w/me for almost 30 years. Not that the military would lose or misplace someones records. Between that and the Hadit forums, I hope I have it covered. Thank you Hadit members!!!!
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After going thru what I would describe as a very long bad dream I decided to file a claim for TBI. It took nearly 15 years to realize what was wrong, another 5 or 10 believing that it would go away, and obviously it hasn't. I started seeing a VA shrink in the early 90's and have been doing so off and on since for all the symptoms that go with a TBI (anx.,depres.,mood dis., social dis.,) and anything else that goes with it. Meds have been increasing the whole time and are maxed out doses now. At least I hope so, any more and I would be a zombie!
After going thru the C&P exams, Neuro and Physc, both were positive for TBI w/ facial nerve damage and Ptsd from the TBI (hope that made sense?), and now it's up to the review board and God, which ever has the higher authority to make a decision. My claim was filed 10 months ago and I'm still standing in line like everyone else. It's hard for a soldier to ask for help, but if anyone knows a young soldier coming back please make sure they get it and don't wait like I did.
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I don't know how ya'll are getting nexus letters. Our VAMC health and mental clinics will not produce one, there comment is "the records speak for themselves".
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Just got a letter that my psychiatrist wrote for me, hope it helps we win with both my VA claim and with the ssd. This is what she wrote. Tell me what you think (John999, berta, T, and carlie) about it, and any others that may like to help me out.
I am writing to provide documentation for -------- regarding her psychiatric history and employability. I am her primary VA psychiatrist since Nov. 2009. During this time, she has experienced persisting mental health symptoms, including anxiety, panic attacks, sleep disturbance, mood swings, withdrawal from others, depressed mood, low enery, and one manic episode. She is diagnosed with Post Traumatic Stress disorder have limited her ability to maintain gainful employment during the past year and a half. She is currently engaged in mental health treatment and plans to participate in trauma focused therapy. The goal for treatment is symptomatic improvement and improvement in functioning, however, it is difficult to predict the response to treatment at this time.
Sincerely,
Not sure if this is going to work for me, but I feel it should hold some wt. at less with the SSD so I can get that.
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"Bout all I can say is "well said"
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I have a question about how close generally are the ties between State Veteran Service Officers and the VARO's?
I have read many posts that make reference to them having 'pull' or, at the very least, some sort of normal dialogue with these RO's and possibly some influence. This has made me apprehensive as to the approach I might take at resolving a problem I have with the State VSO's in the office that I deal with. It has become more and more apparent every time I have any discussion with these two individuals in that office (there are only two as I live in the country) that they are truly incompetent and lack the motivation to further educate themselves in the general claims process. I am now convinced that all attempts by me to develop some rapport and a better relationship are going to fail as have all previous attempts. Now to the dilemma I face.
I had asked him today politely about the POA and what I needed to do and who I could turn to for representation after he had once again rushed me out of his office with not one word of 'REAL' advice and two (possibly three) items of false information and only 5 minutes of his time. He said there was no one else. I said what about the VFW or the DAV? He pointed to a memorandum and contact sheet on the wall and said "that is who we are". In other words, if I called any of those organizations and asked for representation I would be referred to him at the office I was currently standing in. This may be a true statement because the previous time I thought I might need to consider looking elsewhere for representation I called (on two different occasions) the DAV and the VFW and left my name and phone number and told them I was considering having them as my rep's. I have yet to this day ever received a call back from either of them. That might be why.
I have also read here on the forum various opinions from others that if you have a incompetent SO you should document and report them to a higher up ( their supervisor ... not God ..... He shall have his day with them eventually ) so that you might save the next poor SOB from having to deal with incompetence. I have to say that I would consider that to be a good general rule unless you have a VSO that is with the State and may have a relationship with the RO's adjudicating my claim and be able to delay it, etc... That is why I am asking the question as to what kind of relationships the State VSO Rep's might with the VARO and people that work there rating claims. I am just wondering if they can, and may routinely, develop a relationship with people in the VARO to the extent possible to allow underhanded action to take place?
Also if anyone was interested in knowing what kind of things led me to believe they are incompetent then you can read below.....Probably not necessary because it is well known that there are bad Rep's out there. My complaints are not much different than those heard before but I find some of these just basic knowledge they should posses considering the job they have.
1.) I have been told a number of times by both the Rep's that THE ONLY PERSON that can diagnose anyone with PTSD is a Psychiatrist. Not a Psychologist; Only a Psychiatrist. Not to confuse this with the new ruling (July 2010) "VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted" portion of substantiating a stressor. I have referenced that with them in order to clarify what they are claiming but to no avail. They insist that only a Psychiatrist can diagnose it and that is final. When I ask if they could tell me where I can find that information that details what they are telling me I am told "I don't have time to be doing that for you".
2.) I asked for advice on the option of submitting New and Material Evidence and requesting that they reconsider the claim instead of filing a NOD and appealing. I asked how much time I would have for them to act as it relates to the one year time limit on filing the NOD before I lose the right to appeal that claim. I was under the impression, and have read many topics on the subject, that if you choose to go the reconsideration route vs NOD and Appeal or DRO review, that you have to be mindful of the one year time limit from the date on the notification of denial. If you see that it is not going to be decided before that time limit has been reached then you need to file the NOD or you will lose the right to appeal. I was told by the Rep that it is not true and when they make a decision on the reconsideration (re-opened claim), even if that takes 18 mos., that my right to appeal time limit starts then and not when they initially denied the claim. I think he is wrong from all the advice I have learned here and I think he is setting me up for future failure and aggravation.
3.) When I initially learned of the bad C&P Examination results and it was apparent that this C&P was not conducted properly I was told by this Rep that I could not submit new evidence and that I would just have to wait until they denied me and then at that time file an appeal. I have since learned that he was just full of shit and that I could have in fact submitted new evidence and even possibly contested the validity of that C&P and I might have been granted a new C&P Exam prior to initial adjudication. It was not that the Rep did not believe the C&P was flawed considering that a Psychologist and not a Psychiatrist performed the exam and according to him a Psychologist can't diagnose PTSD. Only a Psychiatrist.
See what I mean.....Incompetent ...... In my opinion.
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Any added medical evidence cannot hurt, and would only add to your claim. Only question is.... do you really think a IMO is needed, and why? Never doubt yourself, its your claim and your evidence on record that will help you.
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Greetings...
My claim PTSD/TDIU has been in for about 7 months, in the meantime I have learned a whole lot from the great people on this site. I get extremely anxious (often) about this whole deal... or just too depressed to do anything. This morning is better.
I think I have decided (I've made an appointment) to have an independent Phd. psychologist do an exam. He has agreed to write a nexus letter provided I bring all records, VA psychiatrists notes, and a sample letter. This will cost me $500-600 ...which I definitely cannot afford as I am unemployed and without much in resources. From what I read on here and other sites though, the IMO can be very persuasive and helpful. What are your thoughts on this? I don't want to have to try to come up with this amount of money if it is not.
Also...I am trying to make sure everything is in order, and appreciate the advice to "connect all the dots" for the VA. I have decided to write a one page letter listing all the information sent in... basically an overview of my claim. It seems that if there is, at first glance, a clear path through the material that it might help make my claim stronger. (at least I hope so...) I am thinking something like the following list... Or dos the VARO have there own checklist and this is just a duplication? I appreciate any response to these thoughts.
1. Letter stating specifically what I am asking for
2. Incidents
3. Orders which place me there, DD-214, etc.
4. Personal accounts
5. Effect on my life- personal / economic
6. Accounts from others
7. Current treatment / medications
8.. Copies of VA psychiatrists statements in records
9. Independent medical opinion
10. Nexus letter (s)
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Hello Everyone,
I retired 3 MINUTES AGO & was just diagnosed as having PTSD 2 days ago. I went in to just get a prescription refill on one of my meds & I saw a different doctor that I hadn't seen in approx 6 months. He retired not too long after my mom's murder, so he hasn't been following me. I didn't mention anything about PTSD to the doc. He said I was suffering from it, due to how I was acting & the problems I was having, etc. He even pulled out a book on PTSD & read aloud the signs & said, "Now, tell me which one of those don't you have"? I knew I was suffering, but I thought it was all from depression or I would've gotten help 9 months ago. I thought all the medication switching the doctors were doing would help. My husband is helping to write this, since I can't seem to get my thoughts together to type this.
Some background info: My mother went missing in Dec 2010, so I flew home. Her body was found a week later in the woods, in a Metropolitan Park. She had been stabbed to death, and had head injuries. This is a long, long story (even longer than what is written below…sorry. I will post some of the newspaper articles below (they are all over the internet), so you can read it for yourself & I won't have to try to get my jumbled thoughts together. Someone is even writing a book about it. I don't like reliving all of that; it has been a horrible year. I am an only child & only grandchild to add even more to the story. I was responsible for everything, including having the crime scene cleaned, which was my mom's garage. I also inherited that house. I have to make sure my grandfather is taken care of now, since his only 2 children were taken away. I fly home every month to see him in an assisted living home; he has moderate dementia. I had so much to do the first 7 months & am still going through stuff that reminds me every day of what happened, what I saw, & what I heard. I have a videotaped copy of my uncle's 1 ½ hour confession tape. The stuff that he said he did to my mother on that tape is horrifying & unimaginable. It has scarred me for life.
Initial news reports: http://www.examiner....death-of-sister
My uncle decided to plead" guilty" after initially confessing to everything & then pleading not guilty for 6 months: http://www.candgnews...s-brutal-murder
PORTIONS OF MY STATEMENT DURING SENTENCING:
Marc, I have gone over this exact moment in my head for over 6 months. I have written you many statements, but threw them all out, since the way I feel about you changes constantly. Some days I want you to get beaten everyday you spend in prison & some days I have cried for you, knowing the horror you will face in prison. Crying for you has brought me guilt, because I felt I was disrespecting my mother's memory, for feeling ANYTHING for you.
I do want to make it very clear to you that I suspected you from the beginning. It took everything I had to completely fake my way through any communication with you & XX; even when you stood in my mother's kitchen, pretending to help me find her. You have impacted my life in so many negative ways. I had to identify my mom's body, I had to tell my children, your father, the rest of our family, & my mom's friends of her murder. I haven't even told XX how her grandmother really died. We told her she died in her sleep, so XX wouldn't be scared that her own family could kill her. I had to plan my mom's memorial & cremation, I had to find homes for all 5 of her animals, which you had left in her house for 4 days without food & water; all her animals had to be split up. I had to deal with seeing the media broadcasting from my mom's house, more than once. I had to dispose of my mom's furniture & personal items, & that absolutely crushed me, because I was losing memories of her each time I did. I constantly have to tell grandpa why he will never see you again, because he keeps forgetting or chooses to forget what you have done. I have to endure his conversations about what a good son you are. Because of you, grandpa no longer has any of his children to visit with him during his final days. I cannot be there as much as I would like & that guilt follows me everywhere. At one point, when my mom was missing, I was even scared of you & thought you would kill me also to get the rest of the inheritance; I also pictured you killing grandpa for that same reason.
I hope one day you and I can have an honest conversation, so I can really know if it was ALL about the money. There had to have been some kind of hatred for her, to have VISCIOUSLY KILLED her the way you did. I had to see the blood splattered all over the garage. I even left the blood there for months, because I was scared to erase any evidence against you even though the police said I could clean it. I also felt it would wash away her spirit. For months, I cried believing her spirit lived in her garage, where she took her final breath. It broke my heart every time I had to leave her house, because I felt I was abandoning her & she would be alone & cold.
Grandpa would have given you anything & has been for years. We all knew you were his favorite child. Even my mom knew & eventually accepted it. It completely disgusts me that she was murdered, trying to protect your father to ensure he could maintain his way of life. I am glad there is no death penalty in MI, not because you don't deserve to die, but because you deserve to be miserable for the rest of your life. Death is the easy way out & you don't deserve that.
· You have robbed my mother of the chance to see her only child retire from the AF in 3 months, after serving over 20 years
· You have robbed her of seeing me obtain my Health Care degree, which I finally finished alone, in a hotel room, right after one of your hearings
· You have robbed her of seeing her grandchildren grow up & possibly seeing any great-grandchildren
· You have robbed her of growing old with the friends she's had for over 40 years
You have robbed her of EVERYTHING
You killed my mom 17 days before her birthday & I am seeing justice 13 days before mine. I hope while you are in prison, you think about your sister & your father EVERYDAY & realize what you have done. I hope you have actual remorse for my mom. And lastly, I hope you wonder EVERYDAY, EVERY MINUTE, EVERY SECOND of your life, was it all worth it??
Uncle's Sentencing outcome: http://www.candgnews...s-brutal-murder<br style=""> <br style="">
I did not know until months after her death that she was almost decapitated. Someone mentioned this article to me, assuming I already knew. I can't escape that vision. http://www.ironmount...isap=1&nav=5022
This doesn't include the continued legal battles I have. I am suing my uncle for wrongful death to ensure he does not get any inheritance from my grandfather when he dies. This is the same money he killed my mother over. She found out he was stealing from my grandfather. The media assumed it was an argument over money. I cannot handle him getting anything & benefiting from my mother's murder. The stress I feel is overwhelming.
My questions are: Am I wasting my time claiming this, since it wasn't military related (even though I am still active duty until tomorrow)? I have already gone through my C & P exams (VA diagnoses: Axis I: Major Depressive Disorder, recurrent, severe, without psychosis GAF of 50). Will they deny my claim, since I have been diagnosed by the VA with that diagnosis? How do I add that to my claim if I should, since I did Benefits Delivery at Discharge (BDD) approx 3 months ago? For me, it's not all about the money, like some people I literally know. I really want to make sure I can get treated for this long-term. Any other advice is appreciated. By the way, I realize I am putting my name out there, but I need advice & can't really do it without the articles. I don't mind my about my privacy. THANKS SO MUCH
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Today I file for FMLA and short term disability at my work place. A little scared of my future and where it's going, the pain of PN in my legs is to hard work and forget the PC thats not going my way. Now that I quit my job, I will file tomorrow for my SSD. If there is any suggestion or help! I know with my medical conditiion I should not have to much problem. PC 100% LYMPH NODES CANCER 100% DMII 20%, PN both sides 20%, IHD 10%
Why in the world are you still working anyway.
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If possible go to the DAV office and wait to see them in person. Those cubicles aren't big enough to hide in.
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OK I was awarded the following in Oct. 2007:
1) thoracic strain with degenerative joint disease (DJD) 10%
2) right shoulder strain 10%
3 )cervical strain 10%
I started going back to physical therapy because pain medication just wasn't cutting it and neither were the muscle relaxers. So I decided to go to the VA. Bad idea after 4 trips to the VA PT they put me in traction and the next day I couldn't feel my right arm or fingers.
So needless to say I have been seeing docs ever since. The keep telling me it is my neck then I was told it was my shoulder, then I was told it is both of them and now I have been diagnosed with Thoracic Outlet Syndrome (TOS). however I still have all the shoulder problems. So I file my claim and i send all my medical reports to my DAV rep, who has yet to send in anything..... Now I have the VA asking for all my docs records (which is easier if I send in).
Telling me I was previsoulsy denied for my right hand injury (even though the numbess and all that in my arm and had is NOT related to the injury they are referring to at all)
then asking for eveidene that this all existed from military time to present.
I can't get a call back from my DAV person nor will he respond to my emails and he is always magically busy when I call. So I don't know what to do.....
Any and all help is appreciated. Can i go to a different organization such as the VFW where my husband now goes or is it too late now that someone is already my POA??
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What are ALL of your medical conditions listed for your SSDI request.
What EXACTLY did SSA state in their denial of benefits ?
Applied for.............Severe COPD, Back pain, major depression, anxiety, collapsed lung
Denial of................The medical evidence on file indicates you have been evaluated and treated for your conditions. We realize that you experience some pain and discomfort at times.
While you are not capable of preforming work you have done in the past , you are not limited to work less demanding.
Your age, education and training shows that you are capable of obtaining work in a less demanding area. (again with the less demanding)
As you can tell I summarized the denial because of it being way to long to type. When I finally get to see an ALJ in person my belief is that a reversal in my favor will be granted.
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The exact wording is as follows, because of my age (40), previous work experience (Infantry solider for 20yrs), and my education I can do limited work based on my education. I know it sounds crazy but, MAN, what the heck. Also they stated they based their decision on all medical documents, VA, Specialty docs, Pain doc, and the Local ER records. I have a hard time believing that because my Pain managment doc have me on Exalgo ( hydramorphine) and he told me I cannot work. The claim is as follows,
1. Depression (50% VA)
2. Back Pain ( 20%)
3. Medication intake
4. Prostate (40%)
these are just what I claimed for SSD however I have multiple 10% claims that equal up to 100% Sc. I spoke to a friend earlier today and he stated that I shuldn't have put my education on the Paper. An Assoc. degree my goodness, I feel sorry for those you out there who have a Masters. You should have failed a few courses (lol)... I will keep everyone posted.
Toothpic- how log ago did you apply and what happened at the ALJ appearance? Thanks
My mistake, haven't seen the judge yet. I've been waiting about 3 months now for the chance to "speak my peace" if you catch my drift.
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The exact wording is as follows, because of my age (40), previous work experience (Infantry solider for 20yrs), and my education I can do limited work based on my education. I know it sounds crazy but, MAN, what the heck. Also they stated they based their decision on all medical documents, VA, Specialty docs, Pain doc, and the Local ER records. I have a hard time believing that because my Pain managment doc have me on Exalgo ( hydramorphine) and he told me I cannot work. The claim is as follows,
1. Depression (50% VA)
2. Back Pain ( 20%)
3. Medication intake
4. Prostate (40%)
these are just what I claimed for SSD however I have multiple 10% claims that equal up to 100% Sc. I spoke to a friend earlier today and he stated that I shuldn't have put my education on the Paper. An Assoc. degree my goodness, I feel sorry for those you out there who have a Masters. You should have failed a few courses (lol)... I will keep everyone posted.
Toothpic- how log ago did you apply and what happened at the ALJ appearance? Thanks
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I called the 1-800 number and for once heard decent news I hope! I was told my case had a decision made and that it had already ben checked for accuracy and that I will be expecting the notification of the descion by mail soon! Any idea of what the wait will be like now??
Better check in with us so you won't go ballistic waiting for the mailman. Good luck!
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I see I am not the only one with too much education. Waiting for a response now from ALJ for SSD or SSI. Haven't worked in 20 months due to bad health. Here's a thought ...let's sue for discrimination. Too smart !
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I don't know if this is the right forum however I wanted to post an update. I am currently 100% Sc and I applied for SSD back in March of this year (2011), I hired a law firm to represent me throughout the SSD process and the following is a timeline of what occurred during that time. I was just denied again today so here goes.
1.Hired Lawyer and Applied for SSD March 2011
2. Received first response from SSD in June 2011 (Denied)
3. Lawyer applied for an appeal (June 2011)
4. SSD notified me of the appeal notification and SSD stated that they (SSD) were notified in writing that stated Law firm was respresenting me (June 2011).
5. SSD contacted me and requested more evidence i.e, any new meds or new doctors (July 2011) notifed me by phone.
6. SSD contacted me and stated that my appeal was denied again and that I have 60 days from the date of the letter (25 August 2011) to request a hearing in front of an ALJ (Administrative Law Judge). Received denial letter today 29 August 2011.
From what my lawyer briefed me on, because of my age (40) and my education (Assoc. Degree), I would probably be denied all the way up until I see an ALJ. No luck needed I know I will eventually prevail.
Vet2010
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Peace time or Wartime should not make a difference if it happened while you served and you can link it to your service.
So yes from what you say you have a bona fide claim.
Thanks Pete53, even though we can file a claim for seeing purple dino's, it's the getting it approved part that scares me.
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is anything related to your issues in your med records or dental records? anything at all? Do you see an therapist at the VA?
It's ALL in my records (about 4 inches thick). Been seeing a shrink for about 27 years because of it. It's PTSD on steroids.
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With your 0% sc award granted for your Fx jaw, loss of teeth and other oral problems did you put in a NOD? (notice of disagreement) with in the 1 year of this? Post them giving you the 0%sc?
When did you initially apply for all the other claims? Are you represented by any VSO?
The 0% has been taken care of I guess (complete prosthetics, dentures). Application date of 3 mar 11 for the other claims. C%P was last Wednesday with a favorable report I think. TBI with residuals of major depression, anxiety, and all that applies with PTSD from 1992 until now with increasing meds the whole time. Also filed for IU do to Severe COPD. Whether it means anything or not the C&P psychiatrist put quote "Vet meets criteria for PTSD". GAF is 59. As for the VSO, yes. He is a good one too. A new piece of evidence for a claim is immediately sent to rating board. And he actually returns my calls.
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First of all I am 0% sc for fracture of lower jaw, roof of mouth and loss of teeth (11 of them at one time). Now here comes the confusing part. Filed a claim for TBI, PTSD, Anxeity, Major Depression, and IU with Severe COPD. Nsc may cover the COPD part, not sure. All of these are documented by MH at local VA. for the past 20 years. In each case meds have been increasing. My C&P exam clearly states "Vet meets criteria for PTSD". I have read Cfr 38 untill my eyes are falling out and the forums here to find out if they all tie together and roughly what % it may be. This all started 27 years ago in a peace time era. One part of 38 says it has to be combat related another says it doesn't matter. Now here's the question, in laymans terms do I stand a snowballs chance of a favorable rating? Any help would be a great comfort to my already shot nerves.
Anxiety Meds
in Medication – Prescription Drugs-Health Issues
Posted
I also have enough iron to build a tank but have been on venaflaxine for 3 years with no problems so far.