free_spirit_etc

Good luck jcolwell!!! I hope you get this resolved quickly! You still might want to copy your Senator if you don't get results. Even if they only forward a copy of the letter to the VA - that should prompt someone to look at it. Actually, if you write the Senator, you might focus a bit more on the Waste part of fraud, waste, and abuse. I would copy the exact part of the evidence that shows the AICD and the exact rating for it - and let the Senator know that it is such an obvious error, that would only take someone a few minutes to correct, that it is unfortunate that tax dollars would be wasted sending this case all the way to the BVA to get resolved. Considering the current backlog, for the VA to spend valuable time and resources sending this case to the Board, would be so wasteful in a time of such economic belt-tightening, when the VA could easily resolve the issue without wasting valuable resources and tax dollars. Maybe if the VA had to respond to the question as to whether they were wasting tax dollars, they might act a bit more quickly than if they had to answer whether they did or did not make a correct decision in your case. I am wondering if you could frame it as more of an administrative error. The law clearly states AICD should be 100%. The decision clearly shows your husband has an AICD. How much of the VA's time should be wasted, and how many tax dollars be spent resolving this error? I hope your husband is doing better!

That's great justrluk! I didn't know that. I just remembered when I checked out 911 benefits for a friend that you didn't have to take ALL of your classes on-campus. Like you, I really like online classes! I don't get education benefits from the VA - but I get super cheap tuition from the community college where I teach. So I can take online classes really cheap (which is wonderful because they don't pay very much).

I know John. I posted the "rule" because Sierra asked about it. But I wouldn't count on it. I get so upset when I read some of the decisions, and some of the stuff VA examiners say. Our vets don't deserve that....

Your friend is correct. The compensation rates are here: http://www.benefits.va.gov/COMPENSATION/resources_comp01.asp

http://www.va.gov/vetapp09/Files5/0943216.txt In the case of any Veteran who engaged in combat with the enemy in active service with a military, naval or air organization of the United States during a period of war the Secretary shall accept as sufficient proof of service- connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. 38 U.S.C.A. § 1154(b).

Another interesting one here: http://www.docstoc.com/docs/48516665/Tinnitus-and-Veterans-Tinnitus-and-Veterans-Tinnitus-and-Veterans

There is an interesting document here - A training for Audiologists for conducting C&P exams: http://www.docstoc.com/docs/34172567/CandP-Tinnitus-Exam

Another thing to keep in mind on the online classes is that certain classes are offered online and certain classes are not. So if your intent is to take as many online classes as possible - try to avoid letting the counselors enroll you in an on campus section of a class that is also offered online... even if it means you will need to take the class a different semester. Also check out the college's policy on online classes. Some colleges will only apply a certain percentage of online classes toward your degree. I think many of them are getting away from that now, since online teaching is growing. But some still have policies that only X number of credits from online classes will count toward your degree.

A couple good resources are http://www.ratemyprofessors.com/ <<< Try to avoid ones with LOTS of complaints. https://www.myedu.com/course-grades/ << You can check out any course you are thinking of taking and see what professors teach the course and what their grade ranges are. I wouldn't necessarily recommend looking for instructors that give a huge number of A's -- but you definitely want to notice instructors who have a high withdrawal rate. Some classes, by the nature of the class have somewhat high withdrawal rates. But if you see a class where most instructors have a 5 - 10% withdrawal rate - and one instructor has a 40 - 50% withdrawal rate - you might want to rethink taking that class with that instructor.

Most community colleges have a large selection of online classes. Some Universities do - but I notice them more at community colleges. Depending on the field of study -- some fields have MANY online classes; especially computer related fields. But there are also a lot general ed classes offered online. Most of the online classes have a lot of reading assignments, online discussions, and weekly homework.

I was thinking as long as you take one class on-campus you qualify for housing allowance. Many schools are expanding their online classes. So you might be able to do a combination of online and campus based classes.

You might want to consider sending an IRIS. Sometimes they read and respond to those faster...

38 USC 5109-A indicates a decision by the Secretary is subject to revision on the grounds of a clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised. There is a very clear and unmistakable error on my October 17, 2013 decision. The evidence clearly shows I have an Automatic Implantable Cardioverter-Defibrallator (AICD) The rating schedules clearly state “ Evaluate implantable Cardioverter-Defibrillators (AICD’s) under DC 7011. DC 7011 clearly states 7011 Ventricular arrhythmias (sustained): For indefinite period from date of hospital admission for initial evaluation and medical therapy for a sustained ventricular arrhythmia, or; for indefinite period from date of hospital admission for ventricular aneurysmectomy, or; with an automatic implantable Cardioverter- Defibrillator (AICD) in place..................................................... 100 Though the evidence clearly shows I have a AICD, which should be rated at 100%, I was only granted 30% for this condition. I am asking the Regional Office to CUE themselves and correct this clearly obvious error. There is no need to waste the time and resources of the Department of Veteran’s Affairs in going through a lengthy process of getting this matter resolved.

There are a range of articles that cover the connection between the two. Make sure you send articles that make the connection you want to make (i.e. that sleep apnea can be secondary to diabetes.) rather than articles that just discuss that people can have both, or that sleep apnea can worsen diabetes. You are going for showing what caused what here. I suggest that you read each article thoroughly and make sure there isn't anything in the article they can pick out and hold against you. (They have an uncanny ability to pick one sentence out of an article that can hold against you, rather than reading the part you want them to read.) Actually, to get started, you can even just send in excerpts of articles (just the part you want to send) and you can always send the complete article later. They won't pay a whole lot of attention to the articles anyway -- and will call them generic articles that don't relate specifically to your own case - and then they will say you are a lay person who cannot offer a medical opinion. So you will NEED an Independent Opinion from a doctor for this claim. If you just send a few articles -- they might seek a medical opinion from a VA examiner on the issue. Expect it to not support your claim. You might get lucky - but don't expect to. But you can submit a medical opinion that supports your claim. Even if you get a medical opinion that supports the claim, they most likely will still seek a VA examiner's opinion. So your doctor will need to write a good solid argument for your case. However, the standard of proof for a VA claim is at least as likely than not. More likely than not is better. So your doctor doesn't have to state that he is 100% certain your sleep apnea is secondary to your diabetes, He does have to state it is more likely than not, or at least as likely as not, the case. You will also want to get a copy of your service medical records and so your doctor can review those (and state that he did). It doesn't actually seem like it would matter if they review those for a secondary connection -- but the VA likes everyone to say they looked at them. If he didn't review them, you can point out that it wasn't needed to make the claim. But it is often better just to give them what they want in that regard.

You know... if they just played it straight to begin with, people wouldn't have to spend so much time trying to figure out if their claims have been properly adjudicated, and what to do about it if they haven't.

As for me, I am always lost... I miss my husband because he could always direct me home from wherever I was (like the driveway...) One time when he was in the hospital he told the nurse he had to come down and meet me to show me where his room was. The nurse told him to just tell me to go to the ER and turn right. He told the nurse, "You don't know my wife..." LOLOLOL Seriously though... sometimes they can do tests and see what is going on. My son had an EEG and the doctor told me he had brain patterns in the left temporal lobe that were consistent with a serious closed head injury. I told the doctor that he had banged his head and stuff. The doctor said it would be more like a car wreck or falling out of a window. But I never did figure out what could have caused it. But they can test for lots of things. The problem would be convincing the VA at this point.

Who examined your knees, an ear, nose, and throat specialist? LOLOLOLOL

Seriously, on the knee thing. As for me, I am not military. But growing up on a farm, I had my share of injuries. Oddly enough, I cracked my ankle jumping off a big pile of straw and landing on a cow's foot. It healed, I guess, but I always had a bit of a limp. Ironically, when I was younger, no one seemed to notice the limp except for a guy who was blind. Whenever I would walk with him, he would say "You have quite a limp there, don't you?" But, my shoe on one foot would always pull over to one side. Now both do. I would recommend that you NOT wear shoes that are very worn. I know I am a lay person, and not a gynecologist... but from my experience, once a shoe is worn it PULLS your gait over. If you keep wearing them you will start feeling it in your knees. Once you change shoes, the knees improve fairly quickly. People will tell you if you have the RIGHT shoes they will support you - That has NOT been my experience. I don't spend much on shoes anymore. When a kind I like is on clearance, I buy a bunch. Then I can just toss them out when they start pulling me over.

OUCH!!!!!!!!!!!!!!!!! Maybe if you dropped 75 pounds of something on the gynecologist's foot, she would get more of a sense of what you were talking about. Watch out for your knees - they will be the next thing to go....

Oh.. that makes more sense. Without that part of the story, I thought you meant you had fried your brain. I am not sure that the VA actually takes your word for anything. But if something occurred during combat, then they are supposed to grant you more of a benefit of the doubt in considering your lay testimony. I would still be hesitant to have only that. Buddy statements can always help. Notations in the medical record are better.

It is so disheartening to read so many stories where the C&P examiners are snarky and rude to the veterans. Somehow, they seem to consider their job to be to expose all SC claims as fraudulent or something. I was just talking to someone at school the other day who had been a paramedic at the local military base. Somehow, they had her doing discharge physicals. She began telling me how retirees were trying to get over on the system by trying to get things documented in their records, etc. etc. etc. So here folks are retiring from the military, and being examined by someone who thinks they are trying to "get over on the system" and is going to make sure she doesn't document anything that she thinks will help them do that. I guess it is the Air Force's way of saying "Thank you for your service. Now move right along...."

63Sierra, Are you saying you got TBI from the heat?

Considering how snarky you reported she was, I would not expect a supportive report. But maybe she was just in a bad mood because she is a gynecologist and they had her doing feet that day... Can you ask the doctor who you see for your feet to write an opinion? Or at least state something about your ankles in your medical records? Do you have any other shoes besides flip flops that are really worn? Maybe you could take a picture of them and send it to the examiner with a statement that reiterates that the shoes you wore to the exam were new, but you want her to see the normal pattern of wear on your shoes for her report. On second thought - if the podiatrist fits you for a prosthetic, there should already be a record of your uneven walk. I would certainly be tempted to call the VA and ask for pain meds and tell them that you have hardly been able to walk because you are in so much pain after the C&P doctor pulled and twisted your ankles....

I think that would be hard to tell. Basically, as long as they are your STRs, I would think it would be good. It is always good to have your STRs associated with your claims file.

"THE MERE NOTING OF A CONDITION WHILE IN SERVICE HAS BEEN HELD TO CONSTITUTE PROOF OF SYMPTOMS. SYMPTOMS, NOT TREATMENT ARE THE ESSENCE OF CONTINUITY OF A DISABILITY" While that can sometimes be the case, do not count on it to win the claim. It is generally only once piece of the puzzle.