Ricky

I agree. However, I do not think you will see any increase. The first reason for no increase is we all have to understand the named "leaders" of this country. They consider themselves the "elite" class. As such their only concern is to remain in power. They do not even care if it is a Repub or democrate majority - their goal is personal power. With this thought process they could care less about a veteran or anyone else in America. You have to give it to them for they are smart when it comes to maintaining power. They study, deal and what ever else it takes to maintain such power. Their actions in congress are done merely to fool us common folk. They pick and chose which bills they know will fail or meet their goals - never are their actions meant to support any sector of the American population- they are simply put into place to fool the public into voting for them. If that don't work they target special interest groups with money for projects etc... even if such an action is illegal they go for it for their desire and need for power overrides their basic sense of human self preservation. Second - The non-serving public feels that veterans are a bunch of crazy drunks who are sucking the country dry. The majority of the non-serving public simply does not have the big ones needed to voice their true feelings. In public they cry support, support, support, however, behind closed doors they sigh in disbelief at the fact a crazy and drunk veteran sits around all day, riding his harley or jumping in his RV pulling his Bass Boat down to the river and their tax dollars are paying him 2300.00 per month!!!!! After all the veteran is just faking his disability so he can sit on his lazy but....... You will never see these feelings come out but be warned they are there. If you could only be a fly on the wall behind the closed doors............ So the next time someone thanks you for your service simply say "thanks, are you a veteran?" If the reply is no (and he/she is not the spouse/child/mom/dad etc.....of a veteran) smile and keep on moving for he probably has a knife in his hand waiting for you to turn your back. If the reply is yes give the vet a hug and thank him for his service. Only a veteran, spouse or close family member knows the plight of a veteran. They are the ones who truly love and support the veteran community and truly understand the disabilities associated with the veteran community. Sorry for the rant and I hope I do not offend anyone but this is just how it is in America. God bless America and her hereos and may he have mercy on those who work to the deteriment of those hereos.

Hmmmm... I am afraid this will not meet the standard required for a CUE. Berta, Vike or one of the other experts should come along and help you with this.

Jerry - I have heard that the rater only spends a very limited amount of time with each case. Most began with the last rating decision as if one has been rendered. If it is a new claim they simply scan your claim request and the med reports THEY ordered. So to answer your question I doubt very much that they read what they get. In their defense they do not have the time to spend on a claim that is needed and if they try and take the time needed management whacks them with the big government rubber hammer. I ain't right but that is the way it is - any decision rating issued is one claim closed (in the world of stats). The rater really does not care if it is an award or a denial - forward movement is the word of the day for them. Although they have now moved the problem from their desk the claim simply gets returned back to the desk of the DRO - hince a backlog of over 600,000 claims. some of them over 2-5 years old. I betcha by the end of 07 we will see the back log increase to 7-8 hundred thousand claims. Just one of them things we as veterans are expected to deal with. Hang in there and stay with them. From reading your post I think you will win in the end.

Still - glad to see the system does work in some places. I will find the rule, law, regulation that I need and attempt to make it work in my area.

I had a DRO hearing in Mar 07, however, I have not heard anything as of this date. 1-800 guru's tell me "the file is with the appeals team". Anyone have any experience with a SSOC after a DRO hearing or brave enough to take a guess on the time between the DRO hearing and the issue of the SSOC. Just dreaming but maybe I will get a rating decision Vs a SSOC. I did say that I was dreaming didn't I? hahahahaha

Only if you can find a reason for cue. What was the bases for the original denial? Hopefully it did not revolve around an interp of medical evidence.

If you attend a C/P for one issue and the doc also opines/comments on an issue that he or she finds which is secondary to an already SC issue does the RO have a duty to go ahead an award SC for the secondary issue without you having to file a claim. Example: Vet has C/P for a left hip injury which is not SCed at the time. During C/P doc opines that he does not see any connection to service and the left hip injury. However, the veteran is having a problem getting in and out of a chair and bending beyond 45 degrees due to extereme back pain stemming from the L5 area which is more than likely connected to the right hip injury. Now the vet did not have a claim in for the back at the time so it is unknown why the doc commented on it. However, I remember reading somewhere that if the VA becomes aware of evidence that discloses a SC condition while reviewing the file they are to open/award a claim. Is this true or am I just losing my mind. I don't need anyone to spend any time doing my research for I am still researching the issue, just if you know the answer from the top of your brain it would be greatly appreciated.

Thanks John I was begining to think no one loved me any more (no responses) hahahahahahaha. The general medical disorder is my SC CVA and Dejerine-Roussy Syndrome (Thalamic Pain Syndrome/chronic pain) My saga continues - I had a claim pending for IBS presumptive to service in GW1. They used the physc report to trash it. The rating decision states that the doc provided that the IBS was due to the mental condition therefore, presumption due to service in the Gulf is not warranted. Hmmmm... now wait a minute. The IBS came along in 2003. The stroke and pain syndrome happened in 2005 so how could the mental condition which is because of the stroke be the cause of the IBS? The mental eval was for sleep problems and not IBS. This is what the doc said about the IBS under Axis I - Anxiety disorder: nighttime panic attacks; anxiety POSSIBLY contributes to veterans sypmtoms. Now they sure as heck were quick to jump on the word POSSIBLY when it was coming from their side. Sure wish they would do the same when your private doc says something was POSSIBLY because of your service. Now she had discussed my IBS, from a history standpoint, earlier in the report and listed the symptomps as begining in 2003. I am sure that what she was saying in her statement is exactly what she said POSSIBLY CONTRIBUTES TO. She did not say caused as she knew from my medical records and the history that I gave her that the IBS began in 2003. My PCP is a pretty good chap with a good since of humor. I think I will ask him to write me a statement which provides "Mr. H's service POSSIBLY CONTRIBUTES TO all of his current and future medical problems. Hey after all they set the rules in their decision letter. hahahahaha Any comments which could be use in my NOD would be appreciated.

My other question is WHY WOULD THEY REQUEST A C/P AND NOT ASK FOR AN OPINION FROM THE DOC ON SERVICE CONNECTION? Seems to be a big waste of time to me.

Thanks John. So you do not think the C/P docs statement of "Mood disorder related to a general medical condition; Anxiety disorder" would do the job? My claim is all spread out. I have in a claim for post stroke depression which is under appeal (form 9). The appeal is based upon they failed to provide ratings for my face, arm/hand and leg/foot and post stroke depression damage due to the cva. So should I start a new claim for the anixety or try to use this to support my post stroke depression? This is where all of the anxiety is coming from (this and dealing with the VA).

Berta - I had a new claim in for IBS due to service in GW1. Along with this I had a new claim in for sleep apnea. The sleep apnea claim was due to sleep problems, daytime sleepniness, snoring, gasping for breath that began durin my service ( 1997-my retirement in 2000). After retirement they continued to treat my "sleep problems" and in 2005 conducted a sleep test which provided that I suffered from moderate to severe sleep apnea and currently treat with CPAP. So to answer you question IBS is a new claim and is pending. Sleep Apnea is a new claim and pending. On 27 June I hade two C&P exams. One with a general C/P Doc and one with this Physc doc. The general Doc commented on PN and IBS. When I asked him about the Sleep Apnea he said the Physc Doc should have covered that. I told him that she said she "thinks" they want her to comment on IBS. He said nope, IBS was to be covered by him and the sleep problems were to be covered by the Physc doc. Then they sent me home. What NSC reason do you see that she attached the panic attacks to? The way I read it was that they were connected to a general medical condition which is my CVA and Dejerine-Roussy syndrome, both which are currently service connected. Did I read this wrong? Thanks a million for your time and advice. PS: I really wish she had not added to the confusion of the RO. I would have helped if she had issued some type of opinion which explained her diagnosis of what truly caused the anixety then provided that the IBS could be a result of the anixety. The IBS began in 2002........the anixety began in 2005 after my service connected stroke.

Since I have never received a mental evaluation before can anyone please explain what this thing means? I did not request it they just did it during my last visit to Birmingham. This is what it states: Vet suffers from nightime panic attacks that onset in 2005/ At that time vet learned that his grandaughter was being molested by stepfather (his daughter divorced that man an moved back in with vet and his wife.) seh is still living there with her three children. vet suffered a stroke at that time (service connected) and was anxious acout his own health. Denied Agoraphobia. Attacks occur about 4x/month and are moderate in intensity. MEMORY; Vet periodically loses things or forgets appointments, but memory is generally intact. AXIS I: Mood disorder related to a general medical condition; Anxiety disorder. NOS IF ANY ADDITIONAL MENTAL DISORDERS HAVE BEEN DIAGNOSED, EXPLANATION OF HOW THE SYMPTOMS ARE RELATED TO OR ARE PART OF EACH MENTAL DISORDER: Mood disorder: periodic depressed mood; feelings of hopelessness and worthlessness; Anxiety disorder: nightime panic attacks; anxiety possibly contributes to vet's IBS sxs; The two disorders are inter-related and likely affect each other. AXIS II: NONE AXIS III: HTN, DMII, NEUROPATHIC PAIN, CVA, SLEEP APNEA, GERD, HYPERCHOLESTEROLEMIA, DEJERINE-ROUSSY SYNDROME LEFT SIDE; AXIS IV: CHRONIC PAIN AXIS V: GLOBAL ASSESSMENT OF FUNCTIONING: SCORE 62 - CURRENT FUNCTIONING Is there is occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to mental disorder signs and symptoms, but with generally satisfactory functioning (routine behavior, self-care, and conversation normal)--YES EXAMPLES AND PERTINENT SYMPTOMS - INSOMIA AND NIGHTTIME PANIC ATTACKS LEAT TO CONSTANT DAYTIME FATIGUE. WAS A MEDICAL OPINION REQUESTED--NO Any help with this would be appreciated. I assume it was conducted to determine my claim for sleep apnea but as you can see sleep apnea was only mentioned one time and then the last statement of WAS A MEDICAL OPINION REQUESTED - NO. If this is true why in the heck did they do the exam. Based upon the outcome of the exam should I file a claim for a mental disorder. I work so I do not know if this would be possible.

I retired in Aug 2000. I mid 2003 a set of symptoms that I was having was diagnosed as IBS. My civilian doc tested and treated for the next 18 months and then decided he could not find a reason for the IBS so I filed a claim in Aug 05 for presumptive SC for IBS due to service in GW1. Finally in June 07 they get around to the claim and send me for an exam. The VA Doc says He had no abdominal problems prior to 2003. He has intermittent constipation, perhaps as much as two days a week and alternates with diarrhea which may be as frequent as five days in a row (I REPORTED CONSTANT INTERMITTENT CONSTIPATION WITH ALTERNATING DIARRHEA). His abdomen has some fullness, mild tenderness in the mid to lower aspect. He describes bloating. Bowel sounds are present. DIAGNOSIS: Irritable bowel syndrome. He attributes this to his military service because he is not aware of another provoking factor. However, irritable bowel syndrome in most cases is idiopathic or without known cause. No opinion, no likely as, no nothing. nearly an 8 hour round trip for nothing. The reason that I say this is that I know my RO. Eventhough this was a request for IBS on a presumptive basis they will say "the doctor reported that your IBS was idiopathic or without known cause, therefore, since it did not present itself during your military service yada yada yada, service connection is denied. At no time did I try to justtify this as a direct SC issue........ Now what this will result in a another 8 hour round trip 18 months from now when they get to my NOD because the exam will need to be updated. Oh well, I guess you lose some and win some. I just wish I could win a few with these idiots!

McCain is an idiot - plain and simple. JMHO

Welcome - glad you now have a SO helping. Sounds pretty bad - what kind of accident were you in.

Stretch is right - DoD will hide anything they can. I was at Camp Doha Kuwait when the 11th ACR accidently blew the place up. 100's of DU 155 rounds along with M1 tanks blown up. We had to continue to live there while we cleaned it up. Now the Army says DU exposure was so small it is no problem. All of my GW1 claims have been denied because of this stance by the army and Dod.

It is good information and will certainly help veterana. I was just wondering why. I am not a legal begal or anything just have an inquiring mind.....THANKS A MILLION FOR THE INFORMATION.

Why would they have to review individual cases? This is a class action so could they not simply just add an entire class?

I would shoot for the AD doc. His along with your validated complaints of sleep problems before ETS, continued complaints after service and the current diagnosis should work. I have found it hard to get a doc to state that the service caused or SA occured in service. Don't know why but they just tend to want to say "possibly" and we know what VA does with the word "possibly".

Must have worked a min of 18 months to be elgible. First year of Disability under FERS he will draw 60 percent of his salary. However, there is a dollar for dollar offset with SSDI (SSDI must be applied for) Second and follow-on years he will draw 40 percent of his salary. SSDI offset is 60 percent of every dollar. Any TSP withdraws before reaching retirement age will be meet with many penalities by the IRS. THERE IS NO CLAUSE FOR A DISABILITY WITHDRAW FROM TSP with one exception - you are declared 100 percent p&T disabiled by a civilian doc (not VA). Therefore, it is wise not to touch TSP until reaching retirement age. The thing about TSP is that once you are approved for a regular FERS disability you can no longer contribute to TSP. It just sits there going up and down with the market until you hit retirement age. He does not have to be totally disabled. His disability only has to keep him from doing his CURRENT duties/job. Once disability has been awarded he can go to work at another job (NOT GOVERNMENT) as long as he does not earn more than 80 percent of what he was earning while a government employment. This allows for the best option. He draws FERS disability, makes a good income on his new job and is not elgible for SSDI since he is working which means no offset and he continues to build his social security funds. I do not understand this FERS contribution thing. He does not contribute to FERS. any retirement funds that he pays while employed and under the fers system go into TSP. The only way he can withdraw FERS (which is employeer paid) is to meet the age requirements for retirement or FERS disability retirement. There is no way to get a lumpsum payment of straight FERS money since it is paid by the government and not the employee. Berta I think this guy is only hearing what he wants to hear which will only result in a large time requirement for you.

Just wondering if anyone knows what qualifactions it takes to be a rater. Maybe if they were raised it would help with the back log. As we all know the back logs are a result of raters not following the law and regulations and their inability to fully understand the claims process as evidenced from some of the outrageous rating decisions and SOC's. Heck I guess it also extends to the senior raters (DRO's) as evidenced by the inadequate SOC's they issue.

Any delay avenue offered to them which will allow them to withhold compensation and or medical care will be jumped on by them like a maggot on crap!

Thanks Vike - I sent in my request today. However, I think I may have screwed the pooch by using the wrong form. I submitted a 21-8678 along with my civilian doctors statement indicating that he had issued the brace and the SC disability requiring its use. However, upon futher research I found that it should have been requested on a 10-8678 dated Mar 2006. Do you think this will stop payment for this year? or should I submitt the correct form tomorrow and hope it does not get things messed up ie... the ideal that I am trying to obtain two payments Vs the authorized one? I am confused now and don't know what to do. If 1 Aug is the cutoff I am getting pretty close. Thanks

Got it fixed. Thanks for the info

I know this has been asked before so if you do not want to answer please just ignor the question. However, when is clothing allowance paid? Just to ward off the crowds I tried my search function but could not get it to work. Thanks