K9MAL

I would've responded yesterday but I was trying to cool off... I'm still ticked. Honestly, I have no idea. I was diagnosed on several occasions in service with bilateral PFS (patellofemoral syndrome). When I went to my initial C&P on the first go around apparently the doctor but full range of motion and there weren't any issues. At that time I had no idea about appeals or any of this stuff and my DAV VSO told me not to wake the giant since I got 60% for various issues I should be happy and go away type of thing. Now, the VFW guy said I showed full ROM in the C&P and I wouldn't be eligible for the backpay. There is absolutely no way this guy was pro-vet and I'm working on submitting a signed document contesting what occurred during the DRO hearing. I'll post it later in hopes people can look at it and give me their opinion in case I'm going off half-cocked... It does happen occasionally ;) At this point if anyone recommended a VSO to me I'd punch them in the mouth.

What a crock of shit that was. My VFW VSO was a complete jerk to me and really chummy with the DRO via videoconference. That was the most anti-"pro-veteran" meeting I could've thought possible. Basically, let's ignore all the evidence that is commensurate with the list of ratings and recommend you get another C&P exam. Also, the DRO and the VSO both recommended I apply for IU even though I didn't request it and told them I didn't know what it was. Neither one explained it in it's entirety or the fact that you can't work moving forward. Edit: She also said that my tinnitus claim would have to have had a diagnosis in service to be valid and that my knee claim that was diagnosed in service didn't count because they didn't diagnose me at the C&P. WTF? 2 completely opposite approaches to the same problem.

What's the SSA's SSDI caregiver program called? Anyone have a link? I'm with the rest of the crew and think this should be available to any and all deserving veterans.

How about making the claims process, including DRO hearings, etc., actually pro-veteran instead of the adversarial bullshit that we have to fight on a constant basis.

As it stands right now it appears that my father does not have ALS. However, they still don't know what's going on and he's headed back to the Mayo Clinic on Monday. They mentioned the fact that he may in fact have PLS. The VA will link PLS to ALS, as a presumptive condition, and the veteran will be entitled to the same benefits, I believe. I’m not going to dig any further than what I have thus far, until there’s a firm diagnosis, but here is a case from 2012 where the veteran was granted benefits for PLS: http://www.va.gov/vetapp12/files6/1241096.txt The medical evidence of record indicates that the Veteran has PLS. Although ALS was not diagnosed as the Veteran's condition, it was noted by Dr. V. on more than one occasion that ALS could not be ruled out. Also, in the December 2008 and April 2009 VA neurology consultations, the neurologist stated that PLS is generally considered a rare variant of ALS. In addition, evidence was submitted by the Veteran regarding a connection between PLS and ALS. Among the information submitted were articles from the Columbia University Medical Center, Department of Neurology website which discussed PLS as a subset of ALS. An article from John Hopkins Medical website stated that PLS is a rare form of ALS. Therefore, the Board has considered whether PLS is a form or variant of ALS. Resolving reasonable doubt in favor of the Veteran, the Board finds that the medical evidence of record shows that PLS is a form or variant of ALS. Therefore, the Board finds that it is at least as likely as not that PLS is a form of ALS and should be subject to the presumptive service connection for ALS provided for by 38 C.F.R. § 3.318. Therefore, the Board resolves all reasonable doubt in the Veteran's favor and finds that service connection for PLS, shown by the medical evidence of record to be a variant of ALS, is warranted. 38 U.S.C.A. § 5107(b) (West 2002); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). ORDER Entitlement to service connection for PLS is granted.

You only lose if you stop pursuing your valid claim. Keep running it up the flagpole.

The DBQ for headaches. http://www.vba.va.gov/pubs/forms/VBA-21-0960C-8-ARE.pdf Best of luck!

The recently built VA hospital here in Las Vegas is the furthest thing north of the city, literally. It's a huge pain in the ass to get to.

The response from the VA congressional analyst I received after submitting the EED NOD today.

That's the part that intrigues me the most. Prior to that you're just a faceless stack of paper and have no personal interaction with anyone. I look forward to presenting the evidence I have and rebutting any arguments they have to the contrary.

I wonder if I should shoot the NOD off today in hopes that I could have it addressed on Tuesday...

You may want to include an IBS DBQ as well. http://www.vba.va.gov/pubs/forms/VBA-21-0960G-3-ARE.pdf

Thanks for your input as well. This DRO is HUGE for me and I'm very anxious and nervous about the whole ordeal. I've spent hours and hours researching, gathering documents and writing my explanations, briefs, etc... I feel like I could be a frickin' attorney at this point in time and I haven't heard squat from the VFW.

It sounds like the informal hearing may be the way to go for myself as well. I have the issues I need addressed in my NOD and I also have another earlier effective date I'd like to argue that I neglected to enter into the NOD. Funny thing is I have until February to file the EED NOD, if he doesn't want to address it, due to emailing Bob and getting a DRO in record time. I appreciate you laying this all out for me. I've been reading, reading and documenting, laying out a brief, etc. trying to get everything dialed in before I get there. I'm really stressing about it because if my NOD is approved it'll put me at 100% schedular. And, if you combine the NOD with the EED, if both are successful, I'll be looking at $50k plus in retro which would really save my bacon at this point in time.

I have a DRO hearing on the 6th. I've read a few different things online but was wondering who else might have some input? Just curious, do you argue your case or just present facts? Is it a back and forth type conversation or just cut & dry? What's it like? Do you lead off with questions? As an example: Why was my increase denied? What evidence do I need to prove my claim? Or, do you just lay out the evidence that contradicts their "reasons and bases" for denial and call it a day? Are they typically pro-veteran and understanding or can I expect to have my blood pressure rise? Happy New Year!

Ben Krause just wrote a preliminary article on the subject over at his site: http://www.disabledveterans.org/2014/12/30/mystery-sources-special-monthly-compensation/ Might be worth checking it out. Some of the comments down below pertain to you and are fairly interesting.

Thanks for your input. This is very succinct and easy to understand. Thanks!

You don't need a nexus statement and you don't need a "at least as likely as not" statement either. All of the people posting are knowledgeable, more so than myself, and have good intentions, but in this case I believe they're mistaken. The reason I think this is because I was just awarded service connection for IBS due to being a Gulf War presumptive and didn't need any of that stuff. I had my gastro's notes with a diagnosis of active IBS, and an IBS DBQ signed off and faxed in by him (as required) for redundancy, done deal. Nothing more needed as IBS is a presumptive condition for Gulf War vets. I don't know if I just got lucky but that is all I submitted and it went through without a hitch. Fill out a 21-4138 describing how your IBS impacts your daily life such as constipation, how often this occurs, cramping, pain, involuntary and immediate need to toilet, etc. You need to paint a picture for the person who's reading your file and determining if you meet the criteria for IBS. Don't just say I'm a GW vet and I have IBS, that won't fly. I would use something like this to start... I am filing a claim for irritable bowel syndrome as a presumptive illness due to my service in the Gulf War as per section 3.317 of title 38 of the CFR. VA DBQ (IBS) http://www.vba.va.gov/pubs/forms/VBA-21-0960G-3-ARE.pdf

I've had 2 VSO's, DAV and VFW, and both were worthless!

Reno RO - 13 months. 1/13 - 2/14.

I showed them my VA gimp card at a pay booth and they gave me a card right then and there.

I think saying "Shame on Bobby Flay!!!" is disingenuous. Bobby Flay had nothing to do with the "incident." The customer neglected to bring their glasses, couldn't read the menu, and asked for a recommendation on a bottle of wine. When you're ordering filets and $135 Seafood Tower plates I can see where the confusion might lie with the server. I can also understand the confusion about the price being quoted as "thirty seven, fifty" but you're at Bobby Flay's, not Applebee's, and they should've used a little common sense. The restaurant lowered the price to $2200 in the end. Anyhow, sorry for the thread drift.

Good deal!

That's how it was explained to me by a Voc Rehab counselor. Please feel free to post the requirements for eligibility.

NavyWife - The "poking the bear" is the same bullshit fear tactic that my DAV VSO laid on me in 2002. Following that advice did absolutely nothing but make me lose a decade of benefits after the VA denied me on the first go round. I reapplied for tinnitus and a messed up left knee this last go around in 2013 and both were approved utilizing the exact same information that was in my records from the previous attempt. If you have solid information then don't be afraid to use it and ignore the naysayers. The VA and the bootlicking veterans who espouse being happy with the crumbs their master provides them should be drug out and shot. You have to be willing to fight and go the distance! I know you're an intelligent woman and a fighter so stick with it!