Ricky

Congratulations Betrayed!!!!! However, keep your eye on them for the enemy never sleeps!!! hahahahahahaha

I read the BVA decision and have to agree with Charleese. I do not see any request for an EED earlier than 1983.

>Interest on all indebtedness to the United States arising out of participation in a VA benefit, medical care, or home loan program under authority of Title 38, U.S. Code." This would be a much better rule if this sentence was change to read - Interest on all indetedness to "VETERAN" arising out of Partcipation-etc.....

Glad to see a deserving veteran get his just award. It is great that you took the time to help him. Without you he would have been lost in this VA sea of red tape.

He is correct on the gainful employment. I am not a TDIU knowledgeable person so maybe Berta,six, or Vike will help you. However, I do belive that a Notary would be considered gainful emplyment due to it is constant employment. Just my opinion.

Does this mean that the one that I usually refer to as "Satan" could go down the tubes? YAAAAAAAHOOOOOOOO. I just sent my critter a letter.

I spoke to a local attorney and he asked me if I wanted a job as a consultant. The duties would be to review claims and provide him with a recommendation as to their winability.

From what you posted I do not see a CUE as they would just claim the records were not there. However, you did state that after the Nov 73 exam you never heard another word. Based upon this statement the claim may still be open. What do you mean you never heard another word? Was the Apr 73 denial appealed? If so is this what you were talking about?

To hell with all of these BVA remands. I know that some DAV court case stopped the BVA from developing claims - for what reason I do not know. Would it not be better if they found a problem to allow them to fix it rather that remand it back to a bunch of idiots who screwed it up in the first place? The only way for this system to be fixed is to allow the BVA to fix problems in claims created by the RO; do away with this kangeroo court we have - you know the one that can only remand back to the BVA and tell them how to legally screw you over!!!! We need to be able to by-pass such a comedey show as the CVAC and go directly to a real federal court and have the opition of having our complaints heard by a jury of our peers. After all I am AMERICAN and I do speak English. Jez this stuff is really pissing me off. The young vets can not get their claims done cause records are lost; we older vets still hang on to claims that are 10, 15 or 20 years old (oh yes the average claim processing time is 179 days - Bull Crap), RO directors get 33,000 dollar bonuses for supervising idiots, The Prez puts satan, Ole Sec Nick, in charge of a task force to see how to fix this cluster - I JUST CAN NOT TAKE IT ANY LONGER - MY PTSD AND FUTURE ACTIONS ARE A RESULT OF VAITIS which is untreatable as no cure exists in this world.

Physical, physical, physical - MAKE SURE ALL ITEMS ARE DISCUSSED AND LISTED BY THE DOCTOR. Don't settle for the check the block entries on page one. Your must insure the doctor comments on all issues. If it is back pain make sure he says back pain present - due to jumping from truck etc..........make him list your symptoms as a result of the back pain. If you need treatment due to limited motion or other disabiltiy MAKE THEM SEND YOU FOR IT. If the retirement doc doing the physical won't do it DEMAND that it be done by your primary care doc BEFORE being released from active duty!!!!!!!!!!!!!! DEMAND that any and all test - MRI, Xray etc.... be done before being released!!!!!!! Blood pressure reading be a little high before - DEMAND a recheck and treatment. Same with blood sugars. Don't let them get a way with "ole it looks like (yep I am sure it does)pre-DMII. Let the VA monitor it"... No - HELL NO doc you make a determination and treat it now.

Good luck. Most doctors will not comment on service connection and sleep apnea as there are many spoons in the pot. Weight, DMII etc.... The entire medical community is at battle over the issue as to what causes what when it comes to sleep apnea. The only constant they agree upon at this time is weight. If you are over weight, regardless of what other diseases you may have, they will only say it is due to your weight. If you have any indication or comments in your SMR's about sleep problems or maybe bad counseling statements for being late to formation etc.... that would help. However, if you have been out of service for more than a couple of years this is a hard one to win even with a doc's statement. Just my opinion

Their claims that current returning vet claims are holding up they system is total bullcrap. This new claims should be adjudicated in less that 45-60 days as 99 percent of them are for combat injuries. Either it happened or it did not. However, I have seen denials for actual loss of hands and feet so the VA is up to its old games even with the new returning veterans. How can they say that a guy just released from the hospital with an amputation is not service connected? That is how the new claims are slowing the process. It is not the claims it is the VA. I do not know the amount of new claims but I do know that as we go along there will be several hunderd thousands of claims on top of the 600 thousand now in the works. If VA continues to do it to the pooch as they currently do then yep we are going to have a real problem. If they would just do their job most of the problems would go away. In denials an hour spent on developing a SOC that meets the requirements of the law could save years of appeals. If you don't have the evidence required then say so and provide what would be needed for the claim to be successful. That is simple and takes just a little bit of time. Just my honest opinion.

Getting a Doc to tie Sleep Apnea to service is very hard as there are too many factors involved. Sleep Apnea is not presumptive..... However, if you served in the gulf and have mention of sleep problems in your SMR's this will help. With that said, you need good strong lay statements - focus on the snoring. In your wife's statement she needs to focus on the snoring along with the disruptive sleep patteren which is present in sleep apnea (how many times you stop breathing during the night). In your statement focus on the complaints received from family members about your snoring, tiredness, day time sleepiness etc.... However, without some form of statement from a doc you will have an uphill battle with this. How is your weight? As this is always the first suspect in a person that has sleep apnea. What was the reason your doc refused to comment on this issue.

Free - sorry but my interpertation of the regulation is it really means in the file at the time of death. Eventhough they were aware of records and had truly taken the action required to obtain them they can not be added after the death. It is unfair and a disgrace but that is my take (opinion). One would think that if a SMR is found or records already exist (not new imo's that you asked for after the death) the law would allow the addition to the file. However, the way they twist and turn in applying the laws and regulations I am sure they will not allow anything to be added. Maybe Berta or Bob or Pete or etc..... will come along and provide a different interpertation of the regulation for they know much more than I about VA law. I am just a baby compared to them (not age wise).

Many on this site and other vet sites scattered through the vast internet world have used him. I have not but have read some of the cases he has opined in and he appears to be a very knowledgeable doc. However, he is expensive. That is the reason for my question to you: Have you tried to obtain the required IMO from a local physician? Just wondering. Just as a side note I would guess that of the people that have used him about 95 percent of them are satisfied with his work. You can not please everyone but my guess on the precentage who like him is pretty good however, I am just an old retired redneck veteran from the south so don't put much stock in my guessing. Oh yes, what type of IMO are you in need of if you don't mind sharing. If not that is understandable.

Well you are on the right track by visiting Hadit. There are many here who can guide you through the maze. It's a long road but it is one that you can travel on and eventually come to an end. The below advice to file you claim now is dead on. Yes you do need to go to the doctor and get treatment for those items contained in your service records and on the PEB. This will give you a current diagnosis, continuity of symptoms and assist in providing a nexus to associate your current disabilities to your service. As you gather the medical evidence from you civilian docs you just simply send it to the VA to add to your claim. Since you just recently left active service it will be easy to establish a nexus to you service for these items. Claim them all and gather all the evidence you can to support your claim. Hang here on Hadit and other vet sites on the internet and you will soon learn they system and become comfortable with it. Welcome to Hadit, good luck with your claim and thank you for your service to our great country.

Pete you are not being cynical. What you speak is the truth. To prove this who in the world would look at a system such as the DoD and VA disability system then put the guy who is already in charge of one of them and has been unable to effect any forward progress, then task him to fix it but tell him he has to do so without any cost or developing new law? Who in the hell could honestly say they believe such crap? Well I guess the American tax payer has for as you can see these problems in both disability systems to include health care has moved from the front page to the last page in the media if they cover it at all. Yes you will see many articles in pro vet papers or papers from small towns but the big ones such as the Washington Post, NY Times etc.... have moved on to bigger and better things such as Rosie O'Donnel. Yep you are right - just some smoke screen to take pressure off the politicians which has and continues to work. It baffels the crap out of me. The only way returning service members and veterans are going to get the treatment they deserve is for hundreds of thousands of us to go camp out in front of the white house and stay there until change happens. Would be a great show for the media, thousands of scooters, wheel chairs, hospital beds, crutches every where you look. We would not even have to say anything just sit there. I betcha change would be swift. I am not smart enough to put together such an operation, however, the NSO's are and they have the funding to do so. Oh well I guess I am really dreaming now. The DAV or AL actuall supporting veterans on the national level - please wake me up before this turns into a nightmare.

Hey Bob, with yours and my attitude we should load up the van and travel around serving as poster children for the army!!!! You hit it right when you said they have no honor only calculators. Hey Testvet - don't rain on my parade and deprive of my hate for Chu. I understand what you are saying but this is today and I really, really, really hate this worthless piece of crap. His is a dishonor to the uniform and country that I so love and to the young guys and gals that I love. I am an equal opportunity hater. If I had lived in the 30's and 40's I assure you that I would hate whoever held his position during that time frame if they went out into public and inferred that my service to my country and the sacrifices my family made to allow me to serve were the cause of all the current DoD problems. Yep they would be riding in the same boat I have Chu floating in. Some of the things this worthless piece of crap is saying about our current young injuried hereos is just un-American. I know he is simply acting as the fall guy for a bunch of criminal politicians but his statements cut right through my heart. So come on, I don't get much excitement out of life these days so let me hate him. After all it keeps me from kicking the dog hahahahhahaha. (JUST KIDDING - NO ANIMALS HAVE BEEN HURT DURING THIS POST) (I PITY THE FOOL THAT WOULD TRY TO KICK MY LITTLE BABY - THEY PROBABLY WOULD NOT LAST THE NIGHT AFTER I GOT THROUGH WITH THEM).

Free - six months sounds about right but it depends on the work load of your VARO. I am no legal expert but I assume that since the privacy act request was in place they still have to comply with it. As far as the records are concerned the reason for the records center sending the originals to VA is that since the VA is really the only activity that needs the med recs then it clears space at the personnel center for other valauble service records. It should be common practice for the VA to retire the C File to a VA records holding area, if such a place exists, at a specified time after the death of a vet (providing no action has been taken by the spouse for accrued benefits or DIC claims (don't really know so I am just guessing on this one).

They are just periods of time used by the VA. For example if you served during the VN War but spent your entire time at Fort Polk, your claim would still read that you are a VN War era veteran. Dont mean you went just that you served during that time period.

As you well know the VA road is a long one. As provided below with the help of the family you will be able to pull this off. I was in the same shape in Jan 05 after my stroke. However, I was luck enough to have had a small retirement fund that I cashed out to carry us through (VA was supposed to have rated me 100 percent for six months, however, still has not happened). It help us through but boy is it hurting now. It was a little over 34,000.00. Three days ago I got a letter from the IRS. They say that blah blah blah...... so now you owe us 17,105.00 in taxes, please enclose payment in full in the provided envelope hahahahahahahahahahahhahahahahahahahaha. Yep let me get it from under the mattress. If my temp 100 percent claim had come through I would have made it without the retirement fund but like I said it still has not been adjudicated (under appeal). However, back to you, the other help I received was from my loving spouse who had not worked in many years. However, she jumped in and worked for the next 12 months which put food on the table and kept the power on while the retirement fund keep the foreclosure rats away. My teenage daughter took on the house work, baby sat and took care of good ole dad while mom was at work. We did not eat steak but we did eat. So don't lose hope, it just has to be a family effort and you will make it. After it is all over with you will definitely have some lasting memories, many that are hallarious but all will be about the closeness of the family and the way that all stood together and beat it. If you can not work and you know for sure you can not go back to work - GET YOUR TDIU claim in NOW...... Don't fool around with it just do it. The same for SSDI (this will be a requirement you can not get around if you file for disability under FERS). There will be an offset between the FERS and SSDI but after the initial offset (1st year) you will still be able to get a little from FERS. Then with all the time on your hands keep working your claim in an attempt to get 100 percent scheduler. That way if you are able to at a later date, maybe 2 or 3 years down the road, if able and you want to you can go back to work doing something you like. You will loose SSDI at that point but then the offset between it and the FERS will not be there for with FERS disability you can work as long as you do not exceed 80 percent of the salary you were receiving at the time of your disability retirement. Just some food for thought - BUT YOU CAN MAKE IT WITH A FAMILY EFFORT.

cg - CUE is a very hard thing to prove since the threshold of such an action has been set high by both the veteran's kangroo court and the Fed Court system. A little more information would be needed in order to provide any opinion on your question. Keep in mind that CUE is a legal error and not simply a misunderstanding. In order to prevail on such an issue one must prove that the VA failed to follow a law or improperly implemented a regulation and if they had not done so the outcome of the claim would have been different. Now that is kind of broad in that just because I rated you claim and failed to follow 38 CFR does not mean that a CUE exist. The second part of the test must also exist for a CUE to be found (if not for the CUE the outcome would have been different). So if the medical evidence was not there or there was a difference of opinion on the evidence then no CUE. Not that you can not do it. It is just hard. Wait on the experts - Berta, Six, Vike (if he comes back) Pete etc....... they can better assist you but they will need a little more specific information.

Try not closing your eyes as you attempt to view the bottom half of the page! hahahahahahahahahahahaha JUST KIDDING. I had the same problem a couple of weeks ago. Only for a couple of days then it went away. I just thought it might have been my monitor. Everything is fine now.

Yes and we thought the VA was bad. At least with the VA you have some recourse NOT with Army. I watched in amazement for over 24 years as they implemented this kindness to address the broken soldier. The problem is that army regulations which by the way, break all title 10 laws, gives the army the ability to pick and choose what they consider to the the unfit quality. As an example, a young man went to Iraq. Got hit with an IED. Returned with mental problems, TBI, messed up leg and arm. Army discharge board determined him to be unfit for duty due to mental problems, awarded 10 percent and explained that the TBI, leg and arm were not considered to be "unfit" for duty. Let me see here, loss of use of leg and arm - when I was in the army, if you could not walk (march) or hold on to a weapon they might just consider that to be unfit for duty. Oh well, I guess times have changed since my retirement in 2000. I guess that the army is now full of people who can not walk, carry or shoot a weapon. Damn idiots, TBI, useless leg and arm not considered to be unfit! Who in the f&&**&^%% do they think they are. He (the soldier in the story that I am familar with) finally won and received a 60 percent rating and draws 100 percent schedular VA with A/A etc.... 24 years old and he can not remember what he had for supper the night before nor his mothers name due to the TBI and both his leg and arm are wasting away from non-use, however, except for that small mental problem he has he is just want the army is looking for!!!!!!! Sorry to have displayed so much anger but it is hard when you love an organization as much as I loved the army and demanded this same love and devotion from my wife and children to see them stoop so low. I will say this and then try to let this go before I go do something I will be sorry about -THE ONLY WAY TO EXPLAIN SUCH LOWLIFE ACTIONS BY SUCH A GREAT ORGANIZATION IS IT IS RUN AND FORCED TO FORM IT OPINIONS AND ACTIONS ON THE WHIMS OF GREAT MEN AND AMERICANS SUCH AS MR. DAVID CHU. May he and all of his family rot in hell for the way he dishonors our great hereos of the armed services. Sorry guys but stuff like this coupled with the statements about wounded soldiers and veterans by the great american Mr. Chu really throw me into mental unsoundness overdrive.

SFCMoore - check into this a little closer. Your temp rating is 100 percent schedular and not 100 percent based on IU therefore, you should draw both. When the letter hits DFAS it will/should simply state that your new rating will be 100 percent. It will not say 80 percent cause for this one year period the 80 percent is not in effect.