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yelloownumber5
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Posts posted by yelloownumber5
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Berta,
Thank you so much.........Strange I must be the only one that has done it........not sure how I did but viewing pleasure is back.
Thanks again,
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Hi,
Did the forum change to how post are viewed? In a topic now I have to click on each response to read this and this is very annoying vs. page up or down to read all the posts.
I went thru "my controls" and didn't see anywhere to change this.......but if I did can someone guide me back.
Thanks.
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I'm not sure what all this is about.........but Dr. Barson's website has not been up for probably 8 months......which it was only up for a few months........the fax number has been disconnected probably for the same time so has his phone number.....Not sure what to think but I would give zero creditbility for that, seems like a scam. I believe pete said he used him but this was a while back.
Who knows.
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If anyone needed help finding the news media links this will help and also your local officials. Below is also a guide in formatting your letter to the Reps. Easiest is to type the note up in word, save it, then copy and paste it when ready.
Media links
Go to this link (this is [news papers , local news channels and local radio stations according to the zip code you entered)
http://www.congress.org/congressorg/dbq/media/
Enter your zip code
Select those you want your message to go to (note you can only select 5 at a time, type your message in word and save it copy and paste for each 5 at a time)
How to Address and Format your letter or message
http://itfs.org/webnow/licensees/writing_a...to_congress.htm
To contact your elected officals
enter zip code into this
http://www.congress.org/congressorg/officials/congress/
click on name of person and select contact, web form
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I know I emailed it to CBS 60 mins, 20/20 and all the others on their list.
The local channels here seem not to care but again that is like our VAMC Charleston.........yeah it suckS!!!!!!!! Some lying word changing individuals but that's life and we move on.
Media links
Go to this link (this is newspapers , local news channels and local radio stations according to the zipcode you entered)
http://www.congress.org/congressorg/dbq/media/
Enter your zip code
Select those you want your message to go to (note you can only select 5 at a time, type your message in word and save it copy and paste for each 5 at a time)
To contact your elected officals
enter zip code into this
http://www.congress.org/congressorg/officials/congress/
click on name of person and select contact, web form
Format http://itfs.org/webnow/licensees/writing_a...to_congress.htm
I hope this makes it easier and helps someone now or in the future.
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We did forward it to local media and haven't heard a word out it other than those blogs.
I have a bot searching for references to this situation. It is returning hits about 6-7 per day.With one exception, the hits are only from blogs and forums. That isn't going to get the job done. We need for this to be reported in the MSM or it really is going to get swept under the rug.
My suggestion is to email Larry's articles directly to the media out lets where each one of us lives.
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Berta,
I received my NOD that denied 3 service connections and one of them was granted but at 0%. I took this letter to my VSO and told him I do not agree and read the
C&P and I did not understand why this was denied. Now my VSO read the denial from the NOD and the granted @ 0% for Carpal Tunnel. He told me I had one year (which now I know
this is not correct) to submit my form 9 for the appeal which he was going to submit. 10 or 11 Months later I went to him with all my paperwork and more medical evidence and asked about
the appeal and how long it would be before the board and he said about 18 months and asked if I was moving, no moving. He submitted the but being honest he submitted the
day I asked him but, but again being honest this is within the time frame he told me I had to file this.........that is why he did file it for me.
The reason I was filing my appeal is I got shafted. I have carpal tunnel.......but I also have Cervical Radiculopathy at the C5-C6. Now when the C&P Examiner did the exam
he thought I was BS'n him. My whole hand GOES numb. I know now the correct fingers for numbness for the test for carpal tunnel.........but me with rated "radiculopathy, Left Arm associated
with cervical spondylosis and forminal stenosis C5-C6 this was different all my finders and hand was numb. The C&P Examiner wrote in the exam notes "non physiological" response. So the EMG and other nerve test is wrong. Yes, I know they have to show these symptoms but my body is not "normal" to start. But I learned how to play and as soon as I'm over this other issue I have with them I will file for this again.
What happens if I put in a for an increase (on something new) while awaiting the appeal?
I cant determine if he did file it on time.The appellate deadlines are here at hadit.
Did the VA say it was not filed in timely manner? If so that is your proof he screwed up- I really can't tell if he did in these posts
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Berta,
"If the rep did not file an appeal in a timely way during the full appeal period-he was negligent."
What if he did file it timely but in fact he told me I had until 5/15/2007 but in fact I had to file by 7/15/2006
but to show it was his error he did file it on 5/1/2007. Just using those dates. I do see in my C-file that
they were in receipt of the form 9.
I believe his office is accredited with the VA via American Legion.
In Nov of 207 I asked for a copy of my C-file under the Privacy Act or actually
that may have been my Vocational Rehab info but page to it says
"We have no record of your appointing a service organizations or representative to assist you with
your claim........................................................................"
I don't know if that is normal, mix up, they don't check or what.
I believe county VSOs come under the Governor's office jurisdiction-but he moght be accredited with the VA via the American Legion-If I were you I would file a complaint with the American Legion- their National Commander can be googled-or file the complaint with whoever heads there National Service Department-
I would also send copy of it to the County Supervisor
with a cover letter.
Refer to and attach any evidence you have that supports your complaint.
You could ask them to transfer you to the other county rep there-
since they still hold your POA.
If the rep did not file an appeal in a timely way during the full appeal period-he was negligent.
I dont know if any Statute of Limits-
I called the OGC on a Thursday after the state rep told me he had just revoked my POA, and by Monday following week-I had a 24 page complaint and 34 pieces of evidence prepared and in the mail to the OGC in DC.
After giving these clowns Benefit of Doubt and putting up with their BS for 4 years- I was not going to allow the opportunity to pass to lay it all out to the OGC.
As other evidence occurred and I became aware of others in similiar situation as me-I sent this evidence too in additional submissions.One vet who had been intimidated (I had intervened strongly on this matter-and this was documented in emails to the POA) died -with a great claim in process-that I had prepared because the POA had asked me to help him-so one letter I sent to OGC had to tell them that-I had specifically asked them to consider his situation-even if they didnt investigate mine- (which they did)
My recent BVA remand and a recent decision for a widow at the BVA web site (same POA)also became evidence that I sent to the OGC 2 weeks ago.
LAst week the GC staff attorney told me this is goping firther than I thought-beypnd the 4 reps I named in the complaint.
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Just asking if anyone knows if either test is more accurate. The first test that was done the Esophageal Manometry showed the same motility disorder.....just trying to find out which is more accurate or are they trying to stiff me and I said the barium swallow was normal for motility but they also noted "extrinsic compression on the right side of the esophagus" which as far as I understand is a cause for swallowing problems.
Examples of motility disorders of the esophagus that are described below include gastroesophageal reflux disease (GERD), dysphagia, achalasia, and functional chest pain.
I have dysphagia (problems swallowing), chest pain........
However, on one visit the Gastro said "dysphagia" and the other visit he said "no dysphagia".
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I tell my doctor that I cannot breath when I bend down......but there are no notes in my SMR or current medical record about this.
I've had a hiatal hernia dx'd while on active duty and compensated for this. But I was looking and in 2006 when they looked again because of increase GERD problems they said the Hiatial Hernia is above the Left Hemi Diaphragm.....
Does anyone know if this could be why I cannot breath at times? and if so what would I file a claim under, something besides the hiatial hernial......or would that be the prymiding but it affects my breathing.
ALso,
Does anyone know which test is more accurate
3/6/07 Esophogram/Barrium swallow
Said "esophageal motility was normal."
Double-contreast biphasic exam of upper gastro. Mulitple fuoroscopic spot files
1/31/06 Said "mild dysmotility of the mid to distal esophagus with tertiary contractions noted."
The manometry test said the same.
Thanks much,
Y#5
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I tell my doctor that I cannot breath when I bend down......but there are no notes in my SMR or current medical record about this.
I've had a hiatal hernia dx'd while on active duty and compensated for this. But I was looking and in 2006 when they looked again because of increase GERD problems they said the Hiatial Hernia is above the Left Hemi Diaphragm.....
Does anyone know if this could be why I cannot breath at times? and if so what would I file a claim under, something besides the hiatial hernial......or would that be the prymiding but it affects my breathing.
TIA
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Berta,
Thanks...The "appeal" was for something that I was awarded 0% with the NOD, for carpal tunnel which I wanted the appeal because it stops me from doing my administrative portions of my work.
Is there a statue of limitations to go thru this procedure of the complaint againt the county VSO? I just don't want to dig my grave with them
at this time. I really need to try and push a few claims thru because something bad it going ot happen soon.
For the complaint you mean......he's a county VSO and with the American Legion thru the American Legion? I know when I called the American Legion she asked if I wanted to put in a complaint with the Governers Office.
There are two county VSO's in this office and I guess I need to see him but the following time I will see the other guy. I just don't want to be X'd out of any assistance I need. I try to do the leg work and research (but have congnative issues) and just use him to submit forms, paperwork and that............but I am like this because he never said let's look at your medical record or this evidence or that.........I filed my first claim with him in 2004 after retirement and this is the only person I have dealt with in person and I feel truly lost at times. I did call "DAV" and they have a rep at the VAMC but when I called them on the phone they were like well........what you said you have enough evidence just file, so when it get denied I get confused. I try to present it well enough with a cover sheet and some statements from the evidence and then to highlight the SMR and current evidence being submitted.
So I should be allowed to look at this POA file and get a copy of what he filed for me concerning this "appeal", which will have the date........he did it on the computer while I was there and I'm sure it's in my c-file......he mistook the VA Regs for the timliness.
Y#5
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Berta,
"Maybe this case will show what we mean-this came up in another post recently:
http://www.va.gov/vetapp08/files1/0806926.txt"
Yes Ma'am,
I understand that now and that is moreless what the VA said in their letter to me which I gave to my VSO and is scratched his and and pulled the file and submitted something and was to get back to me but never did for about 4 months so far......I was going by my VSO's word but from the past I guess I should not have. I am not able to clearly think and sometimes the paperwork all seems the same to me, therefore I seeked the assistance of my County VSO and filed the POA with him.
"I think you should take a look at your POA file-
something seems wrong here-"
I do have a copy of my Cfile. In there is a note saying I exceeded the time to file the appeal, I received a letter from the VA sating the same. My County VSO was the person that filed the form 9, I went on his word saying I had a year from the date of the denied NOD to file for an appeal. I understand that in fact you have the 60 days from the SOC or 1 year from the Denial.
"who said you ran over the time limit- I have a funny feeling about all this-"
The VA denied the appeal (form 9) that my VSO submitted because it was outside of the time frame.
"How do you know he filed this?"
I will go back thru my Cfile, I believe there is a copy in there and a note on the bottom of a VA paperwork saying form9 filled but not within time limits, but as well I will go see my VSO.....I need to drop off my sleep apnea claim anyhow. While I was with the VSO inquiring about why the VA denied this, since the VSO told me I had until early this year for the appeal.......he pulled some paperwork out of my file and seemed to think it still should have been approved for what ever reason, he did say he would contact the VA and see what was going on and would call me. I guess no call means he was at fault but I will try to get over and see him in the next week. I will just ask him and if need be look at my file, they are or seem pretty good about this type of stuff........do I need anything else to watch for?
"I dont buy what he is selling- do you have a copy of your C file or at least the most recent submissions to it?"
I do have a complete copy as of late 2007.
I just think since he is trained by the VA or certified/blessed by them, if he screws up your timelines there should be something he can do to have this forgiven and continue with the appeal.
You have the right to see (and in my case NYSDVA)to get a copy of your entire POA file.
I just requested a second copy of my POA to see what is missing since last time-when I found out they lost my CUE NOD.
I even requested copies of what one of their offices apparnently sh-t canned as soon as they got the stuff-
I have all my USPS tracking slips on that -numerous evidentiary submissions-
their lawyer is presently fihurging our how to comply with my request-
send it under 5,USC 552, FOIA and Privacy Act or make an appoitment to go there and see what is what in your POA
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Purple,
Thanks. I will ask my VA PCP to see cardiology. I have high blood pressure.......but the sleep study cited the low heart rate while sleeping but while awake it's in the "normal" range.......personally, I wouldn't be too worried IF the sleep doctor said something but since they DID NOT say anything it has me wondering why. I have to find my sleep study and ensure it was not the "sick" sinus.
As Ron II says it might not be something to worry about, however, it is not "normal" but when the VA says your EKG, ECG are "normal" then 20 years later when you are in a world of crap what do you do to help out with your disability...........Ron II that was and is my concern, it's not about today but the tomorrows.
Thanks Purple I will get on them again! My wife has Tacycardia from her Thyroid removal now she is Hyperthyroid.
The VA seems very clueless in cardiac issues. I have a history of SVT (sinus ventriclular tacycardia) or a very fast heart-rate. In the real world I've had 2 surgeries to correct this and now I'm back on meds. The condition is under control. Maybe too well because as of late Ive developed what you have. A much, much too low heart rate. In the 40's-50's. My PCP's opinion was....and I quote "that is normal for a woman your age"....I"m only 44. That isn't normal.My PCP refuses to refer me to cardiology! I wish I had an answer....other than I truly understand.
Do you have other symptoms? Keep a log perhaps 2-3 times a day of your heart rate for a couple of weeks and turn that in to your PCP and the nurse....along with your blood pressure and any symptoms you might be feeling. Just a thought.
Hope you feel better...
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When I went for my sleep study two years ago.......the test said "sinus bradycardia". My PCM nor VA PCP did not say a word. When I had the VA PGW physical's EKG nothing came up. Does anyone have first hand experience with this.......I've looked up some things and it seems to need attention but maybe I'm not able to explain all to my doctor so they figure the "no big deal".
Background
High Blood pressure about 130/90 on meds which I did read some BP meds cause this sinus bradycardia
Thryoid issues
Of course Sleep Apnea (OSA they said)
My daytime resting Heart Rate will go anywhere from 60 to 90's but usually around high 60's to 80.
Thanks in advance,
Yelloow#5
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Thanks.
Ricky,
Right, I just reread the paperwork........but see my County VSO filed everything and he stated "you have one year from this (SOC) to file the appeal form 9" and in fact it does say 60 days. He (VSO) not I filed the Form 9 which shows he was confused.
Is there anything I can do or should I just say......okay he errored and now move on to re-open my claim. It's just annoying but one item was already service connected but at 0 percent for bi lateral carpal tunnel. I'm not blamming him but trying to ensure myself of what I need to do next.
I started a database in access to ensure to track the claim, approval, denials, nod, soc's, form 9with the deadline dates versus having all the papers that look the same to me........but that is why I use t he VSO.
Also my VSO says to always do the DRO Review........If you are going to appeal that takes more time but thoughts of good or bad idea?
I believe he said I have up to one year from the denial to submit evidence........now if I'm denied and send more evidence does that same rater look at this? So then if I wait until 6 months into the time frame then ask for the DRO review that DRO will have everything.......then I file the appeal (form 9) everything goes up........is there a bad time to submit an IMO for a claim? Also If I appeal does everything have to be in my Cfile by that time of the hearing? or am I allowed to bring new evidence?
I'm just confused.......because my original claim several things were denied. I understand things are overlooked but when you didn't have guidenance you don't know, I filed my original claim thru the same VSO, he didn't say hey get the copies of the applicable items and highlite them, do a cover sheet put them in chronological order and write a statement in support of claim, I did this after my BP was off the charts........I submitted no new evidence but highlited and resubmitted evidence they already had and half of it was approved....so how do I trust my claim was denied fairly. I don't know how much weight the C&P's have but for an example with my carpal tunnel......my fingers went numb when he did the test and I had an EMG to show I have CTS and another test...........but he the C*P wrote they did not go numb.........also wrote they do not affect my job which was another untrue statement he put.......that is why I got PO'd and was going to appeal.
In regard to GERD what is considered an "considerable impairment of health condition", I've gone to the ER because I thought a heart attack was going on.......can't sleep from throwing up got put on sleeping pills (although I do also have insomnia but the GERD is what broke me down). I know that is an interputation but there has to be hints and clues of what they look for.
Thanks again.
The NOD process is the first step in the appeals process. You have one year from the date of the original denial to file the NOD.Once filed you will be given the opportunity to either have your disagreement heard via the DRO process or the normal appeals process (BVA). If you select the DRO process and you claim is still denied you have 60 days from the date of the SOC that will be issued by a Decision Review Officer.
Keep in mind that the submission of a NOD is the begining of the appeals process. And all appeals must begin with a NOD.
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I know this is a stupid question but when your claim is denied doesn't it say you can do the NOD and an appeal which is says you have one year from the date of the denial to file an appeal it also does say (and only on your denial) that a NOD does not extend you time line for the appeal, so if claim denied 1/1/2008 you have one year from the date of the denial to file appeal now matter if you file NOD or not. But if you file a NOD and they are denied it again says you have one year from the date of this denial to file an appeal. However, that is not true........but why is it?
Besides irresponsibility and laziness of the VA? I just ask because it was actually my VSO who did my NOD for a few things and maybe 2 out of 4 were approved so he said I had one year from the date of the NOD approval/denial to file for an appeal, so it is time to get appointments in line, evidence and build the case more so...........well he still did file my appeal because he did not realize this until they said NO NO NO because I ran over my time limit. Since the VSO filed this is there anything that can be done........he was to ask the VA and explain what happened but never called me back.
Thanks.
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Is anyone good with reading a brain CT's
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VARO for us is Columiba, SC and they seem to be pretty good even though I'm new with this and this is my only experience. I don't understand why I had to do a NOD and submitted the same evidence but highlighted things and made a coversheet and like 3 out of 5 items were approved. I understand some are overworked but then be fair and tell us what will make it easier....I know when I was denied I was like okay maybe this isn't my right........but after reading and getting upset I was like isn't time to stop yet. I wonder how many of these people actually have military service and on good terms, just meaning didn't leave the military because they were passed over for promotion........didn't get the fitrep they think they deserve........so now it's like military screwed me now I will pay the service member back!!!!!!!!!!!!!! I say that because we live next to a married couple who are a Sheriff and Police and it seems that they have an attitude because I'm retired military........hard to explain but it all make sense with the past.......I don't see why someone would be that hateful but these are. We just seen Lakeview Terrace and they are scaled down versions of Samuel Jackson........we've had to get the video recorder out, record telephone conversations with the local police, use email to ensure it's in writing and seek a lawyer's assistance. What a crazy world we live in.
For our VAMC. I've had bad experience with the "urgent care" /ER version and with C&Ps of them lying....the later is easy to take care of with that digital recorder. Charelston VAMC "oh you have barretts esphogus........."do not take these two meds together without food".............sitting in urgent care, "here are your two meds", can I have something to eat............."what"
I did enroll into the pain clinic never received an appointment card and went to check on it.......was booted for missed appt. "IRIS" inquiry said I was re-enrolled for Oct......I hope my appt isn't 1 Oct because again no call, no letter...........NADA. They wonder why my blood pressure is so high.......Federal/Civil service employees have no accountability.........at least our Officals we get to vote out if we don't like them.
I know, now everyone will say "charlesotn VAMC is the best...........We've never had a problem with them, they've been so helpful", "I'd choose them over a civilian hospital"
Granted they are better than they were in the late 90's........and I've had great experience with getting Xrays, blood work and stuff like that but the doctors........My VA PCP is great too bad they are doing the VA/DOD merger..........
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Jbasser,
Thanks I see my PCM on the 1st of Oct. I don't know why the sleep doctor never said anything about it being bad nor said anything about oxygen.
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I was looking at my sleep study and seen my body oxygen levels did go down to 88 percent. Online it seems most of the time they give oxygen to suplement your CPAP for any level of 88 percent and lower, is that true? My wife has commented how my lips are blue and looking like I don't get enough oxygen or maybe this might be something else?.
Thanks in advance,
Yelloow
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Angela,
Thanks. I get sinus infections about 2 x a month. I have cysts in my (2) maxillary, sphenoid (which took me to the ER with bad eye pain) and one somewhere else.
I'm confused........and it's a small thing but I want it connected. I was denied from my NOD in 2006 but sadly looked at the paperwork again and got really upset.
I just don't know what I should do now. when it came back denied the county VSO told me it was denied because it went
Same claim - original claim before I got out of military and prior to septoplasty surgery.
- First Deviated Septum no trauma so denied - I did have surgery to fix this and still have infections and C&P examiner said
"septum midline"
- Second Sinusitis denied because they are "due to deviated septum."
- Thrid Allergic Rhinitus rated but at 0 %
I was going to ask this to be reopened and submit the C&P exam that the exmainer said "septum midline" as evidence and my ENT in Sep 2005 saying "nasal septum straight" as new evidence but I want the original date because they had the C&P Examiner notes, however my ENT would be new evidence.
I'm not sure if I should do it like this or not.
YellowNumber5,Your denial says the same as my letter that granted service connection except I have sinus infections about 6 times a year. My infections started while stationed in Germany, resolved when I returned to the NE US, then returned when I got to Texas, where I retired. Maybe it's easier to get service connected when stationed here because of the high incidents of allergens in the area that cause infections, so the ROs are so used to seeing it claimed and better trained on it? :P
Doesn't make any sense at all to me that you were denied. Regardless of why the infections occur, if they didn't start until active duty and continue after separation, it seems that the original cause would be immaterial.
I thought you were supposed to be rated based on the residuals of the injury or disease instead of the cause.?
Berta or one of the other guru's here will probably know for sure though.
Oh, I was awarded 10 percent. They said I would have to have more than 6 infections a year to qualify for a higher percentage.
Couple Questions About Imo And Pcp's
in IMO Independent Medical Opinion
Posted
Hi,
My post just got lost so here I go again...........
1. I see some don't have a problem with getting their PCM's to do a IMO. How do you approach them? How likly are the doctors to do this and VA doctors as well?
2. I have sleep apnea (OSA) and spoke with my sleep doctor. When I asked him why and how did I get sleep apnea he said many people have it for years before DX'd.
I told him I understand and I've had these symptoms and complaints to my doctor and fell asleep twice while driving. We talked longer and I asked if maybe he
could review my records to see how long I've had this........."no" So, I asked directly if he would do an IMO and again "no".
This was a long conversation nothing straight out and I've been seeing him for over a year, this appt. was more for insomnia meds and something for daytime fatigue still,
just raised the CPAP pressure.
3. Is there anyone other than Dr. Bash that someone can recommend. My wife has been unable to work for 3 years and just received the "unfavorable" SSA Judge Hearing results,
so that $2000 for Dr. Bash cannot happen. I did let him know our whole situation but Dr. Bash doesn't seem to do anything less than $2000.
Thanks
YELLOOW Team