free_spirit_etc

Wow! It would seem like if you are THAT close that the policy change wouldn't even affect you. Usually the policies grandfather people with a certain number of credits when something changes. But then again - knowing the answer is not required anymore for people to give you an answer. People just rattle off anything they THINK might be the answer... And especially since you are the only one this applies to -- they might not even know. But a point it also - that even if you appeal and win -- all the stress and time and energy they take up because they gave you the wrong information is uncalled for. I have had so many students complain because they had to pay for classes and found out they didn't need them. I found out that though they don't offer to refund your money (and they CAN'T refund your TIME) -- they often WILL - IF you appeal. The last student who dropped my class because she found out she didn't really need it like the advisor had told her -- I encouraged her to appeal for a refund. She did. She later told me she got the refund -- and no one seemed impressed by her story that the advisor had misinformed her. They just acted like "Oh, well, that happens all the time - here is your money back...." BUT -- it still COST her A LOT more -- the time she spent in an uneeded class - the fact that she now had to go ANOTHER semester because by the time she found it she was in classes she did NOT need - it was too late to get into classes she DID need....etc. It is all uncalled for... When I went to college - advisement was not REQURED -- a student had a CHOICE -- Now they REQUIRE the student to be advised before signing up for classes -- but the advisors are NOT accountable for what they advise. It ticks me off! I get to take classes at the community college where I teach for $2 a credit hour. I tried to sign up for a Pottery class in the Art Department. The advisor wouldn't approve my request because they didn't have a college transcript in my STUDENT record that showed I had Freshman English (my transcript was in my EMPLOYEE record). I kept saying _ I TEACH here -- you should be able to ASSUME I have COMPLETED FReshman English! The advisor kept saying -- Yeah.. but we need evidence. I said -- I TEACH here!! GADS! I guess their standards for pottery students were HIGHER than their standards for Instructors. Free

I still think it would be a good idea to ask for them. (I just posted on this in the Retiring soon thread). When my husband requested the Doctor's RECORDS -- we even got actual INTAKE reports -- long - typed - etc - that were NOT included in his "medical records" when he asked for those. So I would ask for any and all records that anyone has -- and keep asking what other records to ASK for... I would also think that an argument could be made that any of these records be considered part of the file - whether they were in the file or not. If the VA KNOWS the records exist -- and say they HAVE the records -- then the vet should be able to assume they HAD them. We assumed the VA HAD the doctors reports from post service base medical records. Whether they had them or not - I don't know... I haven't seen the C-file yet. But - hey! When the VA states they have your post treatment records from the base -- you SHOULD be able to assume they have them ALL -- especially when the VA should know they have other records than just the "medical file." So if they didn't have them ALL - that should be able to be an argument that the facts, as they were known at the time, were not available to the adjudicator when he/she made a decision. Unless the VA expects the veteran to know that when the VA says they have your records they really don't have them ALL - and you are supposed to TELL them to get doctor's notes. Free Free

Get copies of EVERYTHING!!! And keep asking for more copies! Keep saying - Now is this EVERYTHING?? They seem to have standards of what they give to people who ask for things - and those standards are NOT everything. When my husband asked for his post service medical records - he got what he THOUGHT was everything. It seemed simple to him. "I want copies of all my medical records." But the documentation was very brief -- mostly those little computerized print outs of just very basic info. Since we were dealing with the VA -- I was completely frustrated. They say it has to be documented in your medical records -- but then they don't document hardly ANYTHING. I was especially appalled at how a surgery and hospitalization was reduced to 3 or 4 lines in his medical records.. You had SURGERY --and they have reduced it to a FEW LINES in your medical records.. So he went out to base and said "What is this crap??" Then they said -- Oh Theses are your MEDICAL RECORDS -- The doctors have their OWN records on you - etc. If you want THOSE - you have to ASK for them. So he had to SPECIFICALLY ask for DOCTORS RECORDS, etc. in order to get them. The doctors records had A LOT of information in them that was IMPORTANT to his case that was not included in his medical records (Such as the oncologist report stating he was exposed to asbestos while working as an electrician in the Air Force -- and the pulmonologist report documenting asbestos exposure - increased risk of cancer - and onset time.) You would assume when you ask for your records --that is what you are getting -- but you are only getting PART of your records --You have to specifically ask for OTHER records that are NOT included when they give you "ALL" your records. I have a student who works at the National Records Center. She said they do kind of the same thing. When someone asks for their records -- there is a standard of records they send them - but others they don't unless they SPECIFICALLY ask for THAT record. Like she says if you want records from hospitalizations - you have to request those specically -- and tell them WHEN and WHERE you were in the hospital. She also said people don't realize that the military PURGES your records BEFORE sending them to the National Records Center. That most people's records are only about 1 or 1 1/2 inches thick. She said they get requests from people asking the Records Center to NOT destroy their records. She says the record center does NOT do that - but the records are purged BEFORE they get them. So people assume that EVERYTHING will be in their record -- and they ask for specific thing s- but those things are no longer in their record. So get COPIES of EVERYTHING -- and then EVERYTHING ELSE -BEFORE they are destroyed. You never know WHAT might be important later. My husband has some copies of work reports - assessments etc. They are now helpful -- because some of those match up with the Asbestos Report we got from the Base. So we have documentation that he installed the wiring for computer systems in xyz building -- and an Asbestos Abatement report that shows that xyz building had significant asbestos problems. Free

Has anyone heard of this person. Kind of interesting -- Used to be a VA attorney --Now doing Military Medical Malpractice. http://steffin.com/

Thank you Josephine. I am honored. I have been wondering about you - and how you are doing. I am finding I liked being a wife MUCH more than being a widow. This VA system is hard to figure out. Just when you thnk you have figured it out - you run across one more piece of information that negates what you thought you had figured out. My husband taught Sociology. I teach Communication. One of the Ethics of Communication that I have trouble getting my younger students to understand is: The ethics of comunication are guided by the principle of CHOICE..... mening people have the RIGHT to information that affects the choices they make. Any communication you withhold or distort or etc. that makes someone make a different choice than they would have if they would have had the appropriate information - is unethical. I also teach them that information IS power. People who want to empower you -- will give you the information you need to make your own decisions. People who want to control or limit your decisions (or make them FOR you) will try to withhold information). I do find that the VA can overwhelm you with cut and paste information - but not always be upfront in giving you the information you REALLY need. Free

Okay..that makes sense --I think...lol I just get a bit mixed up with some of the explanations over which ones got zero percent because they were not causing any significant problems -- and which ones got denied because they weren't causing any significant problems. But it looks like scars got zero percent -- as they are established as THERE -- and certainly "chronic" as they would be ongoing -- Free

When my husband did research on the whole VA process for his Master's in Sociology --he really stressed the point that a lot of the problems come from no one being accountable. So what if everything gets messed up -- no one gts held accountable for that. What is the quote - Every snowflake in an avalanche pleads Not Guilty." So increasing accoutability is a GREAT step in getting the process working better. If the people providing the "service" know they are responsible for their acions / or lack thereof. The sad thing is that the actions - decisions - etc. Affect people's LIVES.. I think that gets lost in the shuffle. That, alone, should make people at least FEEL accountable. Knowing that they are doing something that affects people's lives. On a different note -- I also hear so many student's stories of how their advisors gave them incorrect information about which classes to take, etc. And when the error is discovered -- sometimes a couple of years later - AFTER the student spent their time and money on the mistake -- the advisors just have an "Oh welll.." attitude about it. I keep thinking if the students could / would sue the schools / advisors for the errors -- I bet LOTS of the errors would stop REAL QUICK. Accountability.. Free

And don't forget the dental. You are supposed to be able to get all your dental work done prior to discharge --OR if you haven't had your dental work doen within 90 days of your discharge --you are supposed to get ONE time treatment for any dental conditions when you leave the service. My husband filed to get hsi dental treatment when he retired -- and they spent years boucing it back and forth between the RO and BVA -- trying to determine if he had any conditions for compensation --- and though he kept writing to them that he wasn't asking for compensation - he was just asking for his TREATMENT -- he was never given that. Free

Can someone explain the difference between getting a Service Connection for something at 0% or being denied service connection because there is no current disability established? Free

Yeah..it is just amazing that it is so HARD for them to figure out with the AO and Diabetes connection you have. Diabetes is just SO hard on the body (even when it is properly diagnosed and treated). It is not like you are trying to connect something that has no medical backing. And the VET REP thing -- Though the are really almost an arm of the VA - they are considered separate. I have seen cases where the vet gave their appeal to the vet rep who did not send it in on time -- yet the BVA considers the appeal untimely because the vet rep is not the VA -and therefore though the veteran did what THEY were supposed to do - they are denied. It would be different if you were hiring a private attorney who messed up -- but you are using someone in the interconnected system -- so it would still seem like if THEY messed up they could equitably toll -- But in your case it doesn't seem like they "messed up" - it looks very intentional.. Free

I agree. Though I have trouble understanding the difference between conditions that are denied service connection because there is no "current disability" and conditions that are granted service connection - but given 0% -- any conditions that are given the service connection - even at 0% are preferred. If the condition is given an SC at 0% - and becomes worse -then you only have to fight the battle to increase the rating (but SC has been established) If the condition is not given SC -- because they don't find it disabling - then if it becomes worse -- they will acknowledge the disbility --but it is hard to get it service connected. Free

My husband requested a copy of his C-file in August. He has gotten several "we are working on it" form letters -but no c-file upon his death in Feb. I recently called and asked if I could get a copy or see make an appointment to see it. The RO told me I needed to request a copy or appointment in writing - and that it would take at least 6 months before I could do either. I told her I was specifically wanting a copy of his discharge physical (which is something we haven't found in HIS records). She said she would check --and then told me his file was in "prvacy status" so that would mean they were working on it - and that I should recieve a copy within 30 days). I am not sure whether to put in another request or not -- in case they aren't working on it. Because it surprises me that they would close his claim at death and then send out his c-file request a few months later. I wonder how many people they have to hire to send out those "we are working on it" letters. Free

Good info - and interesting. Concerning the RO would couldn't read IMOs - you would think that since Diabetes has a STRONG AO connection (one of the strongest) and it is pretty much common layman knowledge that it really causes wear and tear and not nice things on ALL of your body organs and systems - it wouldn't be THAT danged hard for them to connect the dots that have already been connected for them. I have read some of Dr. Bash's opinon excerpts. Though he uses a lot of medical evidence -- he is pretty easy to understand. Free

Aha! On the date thing - I have been doing some research. The date can go back to the date of an INFORMAL claim - as long as you follow up with the actual claim or the new and material evidence. If medical evidence is provided to the VA on something you have already been rated for or granted SC (even noncompensible) for - that evidence can be considered an INFORMAL Claim -- and the new rating can be retor to that date. But if it is for something that you have already been denied SC for, or have never claimed --then the medical evidence does not constitue an informal clain. The informal claim needs to be made in writing by the vet (or someone on their behalf) specifically indicating they wish to seek benefits and the benefits sought. So if it is a condition with SC (even 0%) they can go back to the date they receive your written claim (even informal) or the date they received medical evidence (even if you didn't realize it was submitted..if you FIND evidence WAS submitted that might increase the rating --that can be considered an informal claim --and if they didn't follow up on it -- the claim remains unadjudicated and open back to the earliest date). But the condition has to be SC in the first place for that. If the condition is something that is NOT SC --the best bet seems to be to write a letter and let them know you want to submit evidence to reopen the claim...to protect the earliest filing date - and then follow up with the evidence as soon as you can (so you can start waiting...lol) Free

From the research I have done at the BVA site Dr. Bash has helped the Vet win quite a few appeals. At the BVA it looks like sometimes they WANT to grant them -- but don't have the evidence...or sometimes they WANT to deny them -- but the evidence won't let them do that. Dr. Bash sure seems to give them lots of evidence. Though it seems like they can tell if he is right on target or stretching to make the connections. But even then -- I haven't seen many cases where they deny the claim against Dr. Bash's opinion. I have seen quite a few granted - and quite a few remanded for the VA doctor to address the issues brought up in Dr. Bash's statements. Most of them I have seen not granted were after the BVA had remanded it once already - and the VA doctor took the time to actually address the issues brought up by Dr. Bash. It seems like quite a few of them don't bother. so after the remand --if the VA doctor doesn't take a LOT of time and effort to address all the issues -- the Vet wins the appeal --as the medical evidence presented is more in their favor than against it. One of the recent cases I noticed though --the BVA didn't even call him Dr. Craig Bash. They just used the term (C.B.).

I do NOT qualify for Death PENSION: A surviving spouse may qualify for pension, compensation, or dependency and indemnity compensation if the marriage to the veteran occurred before or during his or her service or, if married to him or her after his or her separation from service, before the applicable date stated in his section. (a) Pension. Death pension may be paid to a surviving spouse who was married to the veteran: (1) One year or more prior to the veteran's death, or (2) For any period of time if a child was born of the marriage, or was born to them before the marriage, or (3) Prior to the applicable delimiting dates, as follows: (i) Civil War—June 27, 1905. (ii) Indian wars—March 4, 1917. (iii) Spanish-American War—January 1, 1938. (iv) Mexican border period and World War I—December 14, 1944. (v) World War II—January 1, 1957. (vi) Korean conflict—February 1, 1965. (vii) Vietnam era—May 8, 1985. (viii) Persian Gulf War—January 1, 2001. (Authority: 38 U.S.C. 532(d), 534©, 536©, 541(e), 541(f))

I know someone brought up the topic once in regard to common law marriages --- and if they would be considered if the state they lived in didn't acknowledge common law. I am posting this because I will probably NEVER find it again.... But it says that the VA CAN regognize common law marriages -- even if the state the person lived in didn't IF the person was NOT aware that the state did not recognize common law marriages. Interesting... M21-1, Part IV July 1, 2004 Change 201 CHAPTER 12. MARITAL AND CHILD RELATIONSHIPS CONTENTS (2) Surviving spouse claimants (a) In VAOPGCPREC 58-91 the General Counsel held that lack of residence in a jurisdiction recognizing common law marriages is not a bar to establishment of a common law marriage for a surviving spouse claimant. The rationale is that the common law marriage could be "deemed valid" under 38 CFR 3.52 on the theory that the surviving spouse could have entered into the purported common law marriage without knowledge of the fact that there was an impediment to the marriage. The impediment, of course, would be the jurisdiction's nonrecognition of common law marriages. ( If a surviving spouse claimant alleges a common law marriage in a jurisdiction that does not recognize common law marriages, proceed with normal common law marriage development (part III, paragraph 6.08c) and, in addition, secure the surviving spouse's statement as to whether he or she was aware that common law marriages were not recognized in the jurisdiction and the reasons for this understanding. © Based on the statement submitted by the claimant and any other evidence of record, the Veterans Service Representative (VSR) must determine, as a question of fact, whether the claimant was without knowledge of the impediment to the marriage. VAOPGCPREC 58-91 and Court of Appeals for Veterans Claims (CAVC) decisions such as Colon v. Brown, No. 94-71, do not limit VA's ability to conduct the full inquiry required by 38 U.S.C. 103(a) nor does it invalidate the Department's responsibility to weigh the evidence submitted both as to its probative value and credibility. If it is determined that the claimant was without knowledge of the impediment to the marriage, the other requirements of a deemed valid marriage are satisfied (paragraph 12.10), and all the elements of a common law marriage are present (subparagraph b above), a common law marriage can be established. Decisions which are adverse to the claimant must clearly articulate the evidence considered, the comparative weight assigned to each, and an evaluation of the credibility of the evidence and the reason we assigned that evaluation. Avoid unsubstantiated speculative statements such as "the claimant must have known."

Yes. I meet number 1. We didn't have a child (Whew!) and he died 10 months after we were married. We sure thought we were going to have quite a bit longer. But I am very grateful that he didn't spend much time "being sick." He would have hated that. But we really thought he would pull through this time and have more time. Of course - they SAID his pneumonia was cleared up -- took him off antibiotics and sent him home on Wednesday. Saturday he was back in ICU --with guess what? Pneumonia. He couldn't breathe. They said his pneumonia was "back" Yeah. Right. He had started needing more oxygen BEFORE he left the hospital when they switched him from IV to oral antibitoics. Then they sent him home with NO antibiotics since he was "doing SO good." I do not believe the pneumonia came back. I believe they didn't get it all the way cleared up. The overdose and Narcan trip they gave him didn't help either. That was when he stared talking about still having the will to live - but not knowing if he had the strength anymore. I stayed with him the whole time he was in the hospital. Slept in a recliner by his bed (and with him IN his bed a couple nights). Had I not been there the night they overdosed him - he would have died then -- they would have found him and probably said he died in his sleep. He was barely breathing when I got the nurses. (They tripled his pain patch and forgot to Dc the pain shots). This was NOT a VA hosptial.... But they made quite a few not good moves in his care. BUT when you have a terminal illness -- it doesn't seem to matter much. People think you were going to die anyway. So what if you die a little sooner than you could have. My position is that you deserve EVERY DAY of your life!!! If you have one day, one week, one month, or one year left - you deserve that. § 3.54 Marriage dates. A surviving spouse may qualify for pension, compensation, or dependency and indemnity compensation if the marriage to the veteran occurred before or during his or her service or, if married to him or her after his or her separation from service, before the applicable date stated in his section. © Dependency and indemnity compensation. Dependency and indemnity compensation payable under 38 U.S.C. 1310(a) may be paid to the surviving spouse of a veteran who died on or after January 1, 1957, who was married to the veteran: (1) Before the expiration of 15 years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated, or (2) For 1 year or more, or (3) For any period of time if a child was born of the marriage, or was born to them before the marriage. (Authority: 38 U.S.C. 1304) Free

Berta - Yes. He had a cancer claim pending with the VA at the time of death. So my understanding is that in order to get accrued benefits due to the cancer - they would have to grant the SC based on the evidence in the record at the time of his death. Then I would be paid what he would have recieved back to his filing date. For the DIC -- I understand that I can send additional evidence to establish service connnection. But if that is granted -- but the additional evidence was needed to SC his cancer (i.e. NOT in his file at the time of death) then I would get DIC and no retro. He was retired from the military with 28 years in. But I didn't qualify for SBP. I think you can only add a new wife to SBP IF you had previously enrolled your previous wife. Since he did not enroll his wife at his time of retirement -- then he couldn't enroll any subsequent wives. He was getting divorced at the time he retired. Actually he was TRYING to get divorced for much longer than that. They had already been living apart for two years...and she was living with her boyfriend. But she did EVRYTHING she could to prolong the divorce so they would be married the magical 10 years that allowed her a chunk of his retirement pay. And she succeeded. The last court date -- SHE "forgot" a document that needed to be notarized. She FINALLY produced it 13 days AFTER his retirement for the divorce to be granted. They had quite a fight over SBP -- but as she was already getting 18 percent of his retirement pay - he sure didn't want to pay another 6.5 percent to make sure she kept getting his pay AFTER he died. But since he was technically married when he retired - and did not select SBP - then he couldn't add me to SBP when we got married. He also got a portion of HER retirement pay. But he paid her $545 a month and she paid him $157 a month. Since he died the 5th of February -she only sent him a check for $28 (for the five days he was alive in February). HIS payment to her was taken out of his check --the FULL $545 a month (because the Feb check is for Jan retirement pay). So she collected the full month from his and paid for five days from hers. I have sent her a letter requesting that she pay the balance to his Estate...or to return the portion of HIS pay that exceded the five days she was willing to pay him. Free Free

Good idea on the manila folders. I didn't have him autopsied. I had asked the nurse about what they would do for an autopsy and the nurse said they would look at his heart / lungs and the last few days of doctor notes to determine a cause of death --so I didn't bother. The nurse said they would probably put his death was due to respiratory distress due to lung cancer. But they listed Metastatic Lung Cancer as the cause of death. The only thing is that they put 8 years as approximate time from onset to death...which would put it four month past his presumptive period (but 1 year closer than his diagnosis did). I already had to send them a certfied copy of his death certificate -- but it probably wouldn't hurt to send another --- since everything they either don't have - or can't find - holds up your claim a LONG time. Free

Yes. I have read about the SBP / DIC offset. It kind of matches the Retiree offset. If you retire from a civilian job you don't have to waive an equal amount of retirement to get your VA payment. But if you retire from the military you do. I can see an offset on Pension - as it is needs based. But not the other. But the real unfair thing about the SBP offset is that these guys PAY for it. It is NOT a free benefit. I tink it is 6.5% of their retirement pay. So if you want your spouse to get HALF of your $2000 a month retirement pay -- you PAY $130 a month out of YOUR benefits to "buy into" SBP. Then if she gets DIC -- they take away the entie amount of SBP because it is greater than the $1000 a month the survivor is getting. The guy could have bought a DIFFERENT kind of insurance for that amount of investment --one the widow could keep. I am not sure how the offset works for children. If the vet selects the spouse / child option --and the spouse isn't eligible due to DIC -- can the SBP go to his / her children? Or is the SBP considered "Paid" and Taken Back -- therefore not avalibale to the next survivor. Free

Thanks Pete! I was thinking of just sending in the Social Security report. I have a letter from them stating they found him to be disabled in 1993 (when he was 14). I could probably see if I can get a report from Social Secuirty from his most recent exam. (but I don't think they keep reports very long...) I was figuring the Social Security reports would be the best evidence -- as getting a current doctor report wouldn't show he was disabled prior to age 18 -- and his older medical records wouldn't show he is now disabled. But I figured showing that he met the Social Security requirements for disability since age 14 - that would pretty much be enough evidence. Free

I can see your point on the diagnosis. IS the discharge physical part of your SMR's? We still haven't gotten a copy of that yet. But he filled out the VA claim PRIOR to discharge -- He had a C&P exam that stated he had limited range of motion -but the x-ray was negative. A later C&P stated he had osteoarthritis in both shoulders - greater on right than left. He reported to the VA that the injury had occured in 1987. He does show treatment for pain in his arm in 87 in his service records -- with pain on full extension -but they attributed it to his elbow -- though stated there was no trauma. I don't think the shoulder injury would classify under the one year presumptive rule. I think it would have to be present at dischage or require a medical nexus connecting it to an in-service occurance. I understand that they do not have to go on fishing expeditions. I also understand that certain standards have to be met. But once again, it would seem to me that if you report pain in your shoulder BEFORE you are discharged -- and they do find you have restricted movement in that joint - it wouldn't seem like a great leap to figure that it more likely than not started during your 28 years of service. Maybe I am missing something. Free

Tamara - Good luck! Had it has a nice article on C&P exams: http://www.hadit.com/cntnt/thingstodoatcandp.htm Free

Awwwww -- What a sweetheart!! Good -- I will consider myself STILL married then. We intentionally did NOT use "til death do us part" in our wedding vows. We vowed, instead, to love each other "completely and forever" (with all that I have and all that I am - in the best way I know how) And I still love him so very, very much... So do I just send in the same information with my son's application that I send with mine? (I will be sending in additional evidence). That would be interesting if one adjudicator decides to SC his death - and one decides not to. Free