Ricky

"I don't have any idea why I even lend my assistance here." Your advise is sound and well taken by all. However, if this is your feelings then maybe you should stop your assistance. You fail to understand that all is not well in Kansas my good friend. Not all RO's are equal and not all RO's churn out valid claims such as the one you are dealing with. Lets put the shoe on the other foot. Why are you so pro-VA? I am pro VA also for I understand that the VA was established to provide a much needed service to America's best - the veterans and their families. HOWEVER, come to Alabama and submit one of those well grounded and fully documented claims and you will see very quickly where some of the veterans and widows on this site are coming from. Is every action conducted by the VA a conspricy? NO! But but some of the veterans on this site, just like a battered person that fully understands what is going to happen when they hear loud voices become distrustful and begin to become suspicious and fearful from every action. If you check out, and I certainly hope that you do not, then I guess that you just failed to fully understand the veterans from across the nation. It is easy when you are dealing with a group of veterans from one area but when you take on the advice and assistance role for veterans nation wide then a little bit more understanding is needed on your part. Just remember, you and your assistance to veterans on this site is wanted, needed and respected, however, not all VA offices are equal. The same holds true for regimes in charge of the VA. Maybe Principi was a good guy but this Sec Nick is a real snake and there is no telling what he might do before having to turn the reins over to someone else. Vike - the bottom line is chill a bit and dont let this stuff get to you cause we love you and would hate to see you go. \Ricky

I have an upcoming DRO hearing (16 Apr 07). In Aug 05 my neuro provided a statement that due to complete loss of propositional sense I had complete loss of functional use. Since that time, Jan 07, they decided to try a custom AFO to assist me with walking. It pushes into the back of the calf muscle when it hits the floor which allows me to tell that the foot has hit the ground. This allows me to walk without having to watch my foot however, due to the pain I still have problems with forward push off. He also diagnosised that I have complete loss of functional use of the left hand due to complete loss of propositional sense. I can not hold or grip things. The hand remains closed and only opens when forced by an outside force which causes unbearable pain. I am going to aruge that I meet the rating requirements for 5111 which provides a 100 percent rating for loss of use of one foot and one hand. My neurologist provided me with a new statement for the DRO hearing whichs recaps all of this. These disabilities are from residuals of a SC'ed stroke. The residuals are caused from damage to my centeral nervous system which is called Dejerine-Roussy Syndorme. This is a strange bugger in that the nerves work they just work in a different way. They read feelings as pain (such as touch, wind blowing, tempature changes, real pain etc...) It changes from a ballon feeling to severe buring to a ripping/tearing to severe throbbing pain. If touched lightly it sends me into no mans lands. The burning is constant and mixed with the other feelings. I am on 3200 mg of neurontin, 1800 mg of trileptal and 80 mg of cymbalta daily for the pain as narcotic pain relivers are not effective. Talk about side effects - most days I dont know if I am coming or going. I still work - the work allows me to stay focused as a matter of fact it forces me to focus. Without the work I probably would just end it all. I can not hardly stand to be around the family cause of the multiple actions that go on at one time in a family enviornment such as the grandkids running and playing, the wife trying to tell me about what happened at home, the dog barking etc....... most of this is form the medications however, the pain plays a big part of it. I can't sleep cause the pain is constant, 24 hours per day. And lord help me if I hurt myself cause the nerves will over react to true pain and cause it to feel like it is a 1000 times worse than it is. I am currently being assessed to see if a brain stimulator will work. They want to put some kind of electrical device in the thalamus of my brain that will send some kind of electrical impulse to the nerves. The other option is surgey to completely kill the nerves which will leave me with a whole leg and arm that is dead. I do not really want this. Any comments will be appreciated. Thanks

I agree with Rick. If you have TDIU you will be ok. However, if you are over 60 and apply I do not see you winning a claim no matter what. As I said below there will have to be changes but I believe the changes must be on both sides of the road. The VA is very wasteful - just read some of the GAO reports. Billions of dollars have been lost and mishandled by the VA. As far as compensation is concened: I fully understand things such as clothing allowance, auto allowance, SMC, chapter 35 benefits etc...... However, I feel that if cuts are needed those are the programs that should go. Although I would love to have the VA pay for my kids college education if I ever reach 100 percent but why should they? VA benefits are for the veteran to insure he is not homless and to assist him in living (loss of wages). That is covered by the 2600.00 they will give me if I reach 100 percent. Same for the Auto and clothing allowance - why should the taxpayers pay me 15,000 to purchase a new auto then pay to have it convereted according to my disability? Yes it is a nice thing to do but I do not think that was the intent of the program which was to provide for loss of earning power due to your disabilities. If they do adopt some of these way out ideals we better watch out. They are looking at things such as hypertension, DM and all of the other diseases. They fail to realize that if a veteran spends his early life in the military he gives up a lot. It is hard or nearly impossible for him to get such thing as disability insurance etc..... Have you ever went to the mess sergeant and told him that you needed him to prepare a special meal for you because you have a problem with high blood sugars? hahahahahaha he would kick you a$$ out of the mess hall. You could go on and on with this. Now you take Joe the civilian and most of his preventative care is in his hands. If the doc tells him that he is subject to DM and suggest a special diet - he just goes home and does it or does not do it. The point here is Joe the civilian has a choice where Joe the army guy does not. One of the big issues that the wacko's base their argument on is hemmroids. They go on and on about this. Do you think they have ever had to ride in a tank for 12 hours that is jumping sand dunes? nope they have not. They have spent their life sitting in the Lazy Boy chair at home. Have they every had to convoy through the jungle or desert riding on wooden seats in the back of a Duce. NOPE.... These guys are simply one issue people. They pick an issue and hang on to it like a maggot on crap cause they can offer no useful benefit to society. However, as I said below, call, call, call, write, write, write, congress let them know we are active and we are watching. THIS IS A MUST if we care about our EARNED BENEFITS. We must also bring the NSO's back into line, (supporting veterans) by the same actions along with our membership selections. If the DAV sits on their behinds and lets such things occur hurt them where it counts - membership. Not just ours but get the word out to the new troops coming home. Let them know what duds the NSO's are. We the veterans have set on our behinds for too many years. Yep we complained, we cussed, we kicked the wall but we did it internally. Now is the time to let the country and our leaders know we ain't going to sit back and take this crap any more....JMHO

David, my original claim is still in the works. I started it in Feb 2002. As to your current ratings - if the conditions still exist then there is no worry. Did the VA ask that they be looked at during the C&P? If not then they are not looking at them. Just sit back and relax. The rating teams at every VARO are back logged something terrible. Most are working daily overtime and Saturdays to rate claims. Ricky

Was this the article produced by that crazy a$$ hooper lady? She is from some self funded think tank I think. There will be changes in the system I just hope they don't try to follow some of the ideals produced by idiots like this. Just to insure we win you guys and gals better start calling and writing your congress person NOW. Let them know that the veteran community is a large voting group and we are watching their actions. jmho

Mrs. M. please slow down. I understand your situation. However, Rick only provided sound advice and opinions based upon the law and regulations. The best of which was get a doctor involved and file your claim then continue to post on Hadit and listen to those guys and gals such as Rick, Vike, Berta, Tbird and others. They have been where we want to go and that is presenting a well grounded claim, fully supported by medical evidence which resulted in a winning claim. It won't be easy but rest assured that if the medical evidence supports service connection for his disabilities then it will happen. Just keep in mind that there will be many hills to climb and a multitude of blind spots in the road --- thats where the good folks on Hadit come in ;)

Don't be to quick to think these claims will be black and white. Remember we are dealing with the VA here. Take for instance a TBI. Yep pretty simple - IED exploded, soldier was in vehicle now he has TBI. HOWEVER, just think about the residuals from such an injury. If you do not think this will take months to years to obtain IMO's etc... then you need to go back to bed and sleep a couple of hours. Past the initinal injury these claims will presented with the same problems our claims now face. jmho

Thanks Berta. This gives me a starting point in the development of my arguments.

Cavman - I thought I had seen you before hahahahahahahha I have had insurance with the lizard for about 15 years. My agent knows that I am a diasabled veteran but has never said anything about a discount. You can betcha sweet bippie that I will hit him up in the next few days. If he has been screwing me over then I will crush the lizard B)

Just checking to see if anyone has read any COURT cases in which they ruled on the VA's lack to apply 38 CFR as it pertains to the requirement for the VA to rate the effects of a single disability which effects different body systems? As an example in my case a Thalamic CVA resulted in centeral nerve damage which has been determined (medically) to have resulted in loss of functional use of the left upper and lower extrems along with loss of taste and feeling in the left side of the face coupled with thalamic pain sydrome of all affected areas and post stroke depression. In rating the disability the VA said yep you had a stroke and yep you have residuals so here is your 10 percent now go away beggar. They failed to provide the appropriate rating for the hand, foot, pain syndrome and depression. I am aware that 38 CFR requires them to rate all body systems affected by a disability such as a CVA but was just wondering if anyone had read any court cases in which the VA failed to do so. I have searched but my efforts did not turn up anything, however, with my ole mind it is possible to have missed something. Thanks guys

rway, at my VARO it is done by a bunch of high school drop outs that read at a 3rd grade level and the only job they can keep is a government job JUST KIDDING! It is done by one person. There is no requirement that the rater been medically astute. He/she only needs to be able to take what the doc says and apply it using the standards in CFR 38. Now as vets we all know that even a high school drop out could take such a task and perform well at it, however, the VA seems to have trouble doing so. The rater makes the determination which is most of the time reviewed quickly by a coach or senior rater on the team. There used to be a system in place in which there were MD's assigned to the rating teams however, that no longer exists. Really its just billy bob the rater and you.

Sledge - VA can make anything go away with a nod, wink and hand shake with the administration they are supporting at the time. How else do you think they can buy million dollar homes, three hundred thousand dollar homes, barbie doll collections worth thousands etc.... oops I forgot that was fraud committed by management which funded these activities. Guess there was just too much money laying around the VARO's and they felt they could use it. I read somewhere that one ole gal who was popped for fraud after buying three vintage autos screamed PTSD!!!!!!!!!!!!!!!! so I guess it really does exist.

Looks great to me Tbird. Thanks for a job well done

Just sitting here researching issues and found where I read that you can record the hearing with your own recorder. The 06 version of the VBM page 902 says that the advocate or claimant may and can bring their own recorder to record the proceeding. Hope they know what they are talking about. It says VA recordings may not be of good quality therefore, transcripts may not be accurate.

A few weeks back I posted that I was told via IRIS that my requested DRO hearing would be scheduled. Well, well, well, today in the mail I got a ity bity yellow envelop from VA. Inside was a letter, not a form letter mind you, telling me that the hearing would be conducted on the 16 of April with either the appeals team supervisor or the vet center service manager. It was a nice letter, was even signed in pen by the vet center service manager. It explained to me that even if I did have a SO (I don't), I could still attend the hearing alone as it would be such an informal format. It stated at least three times that the hearing was being conducted so that the VA could assist me in being successful in my claim and if not at the hearing they would at least provide me with the information that I needed to collect in order to be successful. Guess me and the missis will travel the 4 hours to be there. I hope to be able to schedule a time for reviewing my C-File prior to the hearing. If not then maybe afterwards. I thank each and every one of you guys for the great info that has been provided on Hadit. It is that knowledge that I have gained from each of you that will help me succeed in this game. Even if the hearing results in a flop and only serves to delay my claim that is ok. Just cause I had a stroke in 2005 does not mean I am going on over to the other side soon so all I got is time and then some more time. I admit the waiting is hard sometimes and I often curse the VA beneath my breath but then I take from my daily visit to Hadit and go to bed with a smile. I will post the results/ins and outs of the hearing (not the claim as I probably won't know about the claim for another 2 years) when we return from Montgomery on the 17th. Over the next three weeks I will be working on my arguments and gathering new evidence to submit so if I ask one to many dumb questions just slap me back into reality. However, I will start with this: I read in 38 CFR or the M21 that I am authorized to record the hearing myself. I don't remember where exactly so I ask that if anyone knows it off the top of their head to please post it. I fully understand the hearing will be recorded and I can ask for a copy of the trans script, however, I would like to have a copy of the audio for the hearing. Maybe it will help another vet to prepare for their hearing in the future. Thanks

With todays back log 12 months is not a long time. However, when a claim reaches 12 months, VA in washington starts asking the RO for reasons why. This does not mean anything as it is a administrative issue within VA. At the rating board simply means the predetermination team has declared your claim ready to rate and sent the file to the rating area. It does not mean a rater is looking at it so please keep that in mind. Your file is in the area where all ratings happen and will be rated as soon as they can. It is hard to put a date on when this will happen as many things can happen at this stage. For example, if the rater begins his or her review of your file and determines it is lacking some type of evidence they can send it back to the predetermination team for further development. Another example would be that your RO has lets say, for examply only, 1000 claims to rate and yours is number 885 then it could still be a while. I know the waiting is hard but just hold on and don't worry yourself crazy over it. You will "give up" your retirement pay if you receive VA disability payments. However, CRDP and CRSC will apply if you qualify. CRDP will be in effect if you are rated from 50 to 100 percent. 50 to 90 percent or 100 percent based on I/U will get you a portion of the retirement pay back until 2014 when you will receive 100 percent of your retirement and disability pay. It is automatic if you qualify. Take a look at the DFAS web page. CRSC is another issue and the most beneficial if you qualify. However, you must wait for a disability rating from VA before you can submit the application. Good luck and hang in there for it will happen even if it is slow.

Funny he should get one. I live in Alabama and have not heard anything else about it. things that make you go hmmmmmmmmmm.

Nothing sounds unfair. As far as the VBN goes I understand where some of those guys might be coming from, HOWEVER, The opposite of what Vike described as happening to Patrick here happens to a good many vets there. Crusier always sides on the VA side and damn near accuses anyone who asks a strange question as being a fraud. Once this happens you can see the ole brown nose boy system fall into place. First you get blasted by him, followed by Pop etc............ Although your maybe asking a valid question just to insure you don't file a stupid claim once Crusier gets you the rest swim in like sharks. NOW I don't mind honest middle of the road answers but lets be realistic here. These boards are developed to serve all veterans. I know of many veterans, much older ones that simply want to win a claim one way or the other (not fraud). Everyone knows of thoses that fully believe the government (the entire government) is out to get them. I simply feel it is our (the ones who know better) to educate them and not beat them like they were lepers. Take a look at some of my previous posts to Crusier and you will see that I have relayed this to him several times and asked that he chill just a little and provide the VA side just a bit more humane to those who appear to about to file a whacky claim or is simply asking a way out question. There NO need for such action by someone who claims to have worked within the system for so many years. I fully understand that of the thousands of claims he processed he handled each and everyone of them within the required laws and regulations and even bent to try and approve all of them. HOWEVER, that ain't the way it is folks with all VA employees and if you do not believe that then you are simply not living within the real world. I have not and will not beat him up for his opinion, but I believe that my constant reminders to him that not all vets are equal but all must be treated with respect has cause him to not post if he sees me posting. Does not matter to me I simply want to help vets when I can even if they think the VA is out to burn their house and make them live in the sewer. There is always a redeeming element to every veteran. As far as the far out claims I fully understand what you are saying Vike. I too listen to some of the guys here in the veterans home and have to say "say what", "you want to do what?" hahahahahhahaha. My sampling of such claims is much smaller than yours as I only help a few guys at a time. Therefore, as you have stated you are in a much better position to see such things and I am sure you see some doozeys. I just did not think it was a wide spread. I guess the problem is that the VARO that services this area is full of incompentent people. I guess my opinion is based upon what I see coming out of this VARO - doozey after doozey. Now I have read some ratings from other VARO's and simply cried cause I wish that our local VARO would only be 1/3 as compentent as the ones that produced thoses rating decisions (some of them were denials some awards). I guess that I should hold my opinions until I can get a greater cross section view of the various VARO's but you know how the ole human mind works. Anyway, thanks for the reply and the info. I will take your input into account the next time I go to beat up the VA!!!!! Ricky

I believe that there are claims out there that should be filed and awarded. However, SO's keep telling the vet to not bother with it. yep it might be a 10 percenter but a 10 percenter is a 10 percenter. That will be the problems with attorneys. They will only be willing to take the claims that you have worked for years that have the possibility of getting a large retro on. They will not want to bother with claims of 10,20 or even 70 percent unless they think they can fish the system for a while and roll them into retro. Now I still believe we should have that choice. Back on subject here...... yep there are a lot of useless claims out there that clogg the system. However, I feel that the VA could help weed them out by being upfront in their decisions.

I sent a very strong email to ole Sec Nic about the entire system and told him to not and try to jump out of the fire with a quick fix for the new vets cause we old guys was going to make sure we are taken care of also. I don't think I will get a response.

Sorry Six - did not mean to take anything away from anyone. I just know that Berta has done a lot with Chp 35 stuff.

Hoppy, I think you may have misunderstood. The only income that applies is income earned from employment. Those such as from rental property and other investments do not count.

Hey Pete - WAKE UP OLD MAN...... you were surely having a dream. There is no way a VAMC would be so quiet except in a dream. hahahahahahahaha

You have to be rated 100 percent disabled (schedular or IU), P&T in order to qualify for Chapter 35 Educational Benefits. As far as paying for the daughter you already have in school it depends on her age, the date you are awarded 100 precent P/T. Berta probably knows more about this area than anyone on the site.

Welcome home and to Hadit SFC24. Sorry to hear that you are having such problems. It is beyond my comperhension why there is such a problem between DoD and VA. I spent over 25 years in the Army, retired in 2000 so I know the problems soldiers face with paperwork as they leave DoD. Maybe, just maybe we will get this stuff fixed soon and you guys can finally take a rest.