Ricky

I use cable internet can I send and receive faxes via my computer?

My understanding is that legal guardianship does not qualify the child to be claimed as a dependant with the VA. In order to qualify the child must be legally adopted and they will definitely ask for a copy of the court approved adoption paperwork. This just happened to me as I also have legal guardianship of one of my granddaughters. When I sent in the paperwork to have her added as my dependant the VA responded and stated that she must be legally adopted and upon receipt of a copy of the court approved adoption papers they would gladly add her as my dependant. Not saying that it is right or makes sense but that is what the law says. Sorry for I know that this is not what you want to hear. However, if the opportunity exist for adoption and you qualify that is the route to go. I guess that the requirements for tax dependant purposes is different from those of SSDI and VA.

I take 3600 mg of Gabentin along with 1800 mg of Trileptal (another anti-seziure med) and Cymbalta 3 x's a day for central nerve damage due to stroke. The side effects are tremendous. I do no know how my family puts up with me. However, it does take my 24/7 pain from a 10 to about a 7 so I do get some benefit. Doc says the cocktail is the only thing capable of providing any relief as the narcotic pain killers only make me a drunk with an enormous pain problem.

The SOC is supposed to supplement the rating decision. The denial rating letter is usually vague. The SOC is to provide detailed explanations of how the evidence was evaluated and the exact thoughts of the rater and DRO as to how they applied that evidence to the claim and why they continued the denial. NOW with that said only about 4-10 percent of them get anywhere near this requirement so you could say that the probability of you getting a SOC that is useful to you, in VA's own words, is more likely not that likely so. Therefore, the feelings of this post hold true - THEY ARE A WASTE OF TIME AND TAX PAYERS MONEY. They do however, allow you to see the mindset of the idiots you are dealing with. I have received some, and based upon the grammer and spelling errors, just assumed they had been out sourced to VA contract raters/DRO's in India, Pakistan or other third world country for action.

My current claim for OSA is trying to tie SC to it based upon the fact that I had in service HBP, DMII, Fibro type complaints and a diagnosis of "sleep difficulties". This was in 98 followed in 2000 of my retirement physical complaints of poor sleep which was diagnosised as "possible gulf war syndrom". This was followed in 02 with continued complaints diagnosed by civilain docs as "Poor sleep" and by the VA as insomia. They gave me some nerve pills and told me to make sure I practiced good sleep hygene. In 05 after my stroke the problems became worse so I began complaining again and was told it was probably due to the stroke. finally in Nov of this year civilain docs sent me for a sleep study which provided a diagnosis of moderate to severe sleep apnea and they issued me a CPAP. Current Tricare doc provided a medical opinion that after a review of my in service medical records and post service records, my continued complaints, my Fibro type symptoms, HBP, DMII and 05 stroke the sleep apnea was more likley than not present at the time of the 98 inservice diagnosis of "sleep difficulities". He provided that his opinion was based upon his intermittent care of me in service and constant care after retirement and current accepted medical opinion that HBP, DMII and fibro type symptoms had a definite medical link. He quoted a couple of medical studies indicating this. Should be a slam dunk but we know the VA. I will probably still be fighting the issue five years from now. In my research I found a ton of information on the net that provided that sleep apnea was a major risk factor for all of the above. However, I only found a couple of articles in which the opinion was that some of the above caused sleep apnea. There are a couple of studies conduted by VA docs which link them. I saw one or two that stated there had been cases where sleep apnea had been misdaignosed as fibro due to the complaints of muscle and joint aches/pain - you know that ole feeling like you have been run over by a mack truck the night before. It said such symptoms came from the continued wakening of the sleep apnea. So as one post indicated below if a search of your medical records provide complaints of muscle aches, tiredness etc.... it might be better to attempt to SC it as the apnea being a cause of the depression vs depression causing the sleep apnea. However on the other hand, if these type symptoms came after the depression and are documented then you might have a chance if you can get a good IMO providing that these type symptoms are those of sleep apnea.

You are allowed to dream. hahahahahahaha. However, I do not see updating as a problem. Every time some one works on a file all they would have to do is enter it into the computer system and it should dump into the main depository viewable by all.

Terry has a good point and I disucssed it on another thread about lawyers. No matter who represents you the RO is going to be the RO. They will continue to violate title 38, the US Code and regulations no matter what. After all who is going to impose the law upon them? The Kangroo Court of Veterans Claims - hahahahhahahahahahahhahahahaha. You can't even use one of their rulings to force the RO to abide by the law.

Yes a statement of the case telling them that an administrative error had be conducted by the DAV in requesting any new claim or increase for benefits at this time and any such request is being withdrawan immediately as you are already 100 percent IU/PT. I would send this in my self and take a copy to the idiot at DAV. Your request to withdraw the action started by the DAV should, let me re-state that should stop any further action by the VA.

That is my problem. I do not have PN so an EMG is usless. I have Centeral Nerve Damage due to a stroke. The pain is so intense I want to kill myself. The other problem is I can not tell when my foot touches the ground. Ambulating at night is a no go without a flash light. The pain rotates from a swelling that feels like the flesh is going to explode to the feeling that a wild animal is ripping the flesh from the bone. Will they consider the pain and my inability to not feel the foot? The last CP indicated that balance and forward motion was a problem and the leg displayed a loss of muscle.

Hey guys could some one please break this down into laymens terms for me: Loss of use of a hand or a foot, for the purpose of special monthly compensation, will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand or foot, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance and propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis. The part that I have a hard time understanding is the last part about the determination. Does it mean that if you can walk with a prosthesis then it is not considered loss of use? Thanks

Pete, not wanting to get political here but what makes you think things will be better under the Dems? All of them regardless of party treat vets like crap. We are a drain on their pork barrel funds the need to toss around to insure they are re-elected. JMHO

Even I can say "you don't need those meds any more." Now I would expect you to take that advice with "screw you buddy" and that is what I would do with the examiner's advice. Unless your treating doc or a specialist changes/reduces your meds don't do it. The rating for hypertension "on meds" is 10 percent. I would NOD such a foolish award by simply telling them that the examiner's opinion about the meds is non-probative as he is simply an examiner and is not your treating doc or a specialist. I would also have my PCP write a statement that the meds are required.

Thanks guys, I appreciate you being candid. During my good moments of the day I am sure she is only thinking about my best interest. I have a very good job and fight each day to keep it. The loss of it would mean that my family's standard of living would take a nose dive. However, I do not know how long I will be able to hold on. Every time I see the doc he asks me to give up so we do not get along. I know how testvet feels as several times a week I have to call my wife and have her direct me to a known or one I can remember location for I do not know where I am at or how I got there. As for the secondary disabilities of my stroke I have Dejerine-Roussy Syndrome, which you can look up if you care to, in which the VA has been very generous and given me a whooping 10 percent. As a result of this the neuro has provided his treatment records and several very indepth IMO's but none of that has been used in my ratings eventhough his testing and diagnosis has determined that as a result of the D-R syndrome I have complete functional loss of foot and hand. The diagnosis of the radiologist who conducted the MRI was multiple lesisions from blocked veins resulting in Severe White matter disease, consistent with HTN and DMII. I thought maybe I could file a claim for this but can not find what it should be filed under. Not trying to get anything free just seem to be going down hill fast at this point which is 2 years post CVA. I pitty those vets with PTSD that have to deal with the VA as my condition does allow me to think clearly sometimes. During these times I try to work my claim but I have bad memory problems even during the good times and can not remember the areas of the regs that I need to assist me. Once again thanks a lot for your help. Hopefully I will get better in the near future for I fear that if I do not I will lose my job, my family and my will to go on. Ricky

Recent MRI shows that I now have multiple lesions termed as "White matter disease" consistant with a person suffering from hypertension, and DMII. I am SC'ed for both hypertension and DMII. Is the WMD ratable and if so under what disability code? MY civilian Neuro says that based upon my symptoms, unsteady balance, short term memory loss etc..... I probably suffer from mild dementia. I thought that dementia was something you got from a psychiatric type problem and not brain injury type problems. Wife says that I have become a different person since my stroke. She says I have constant mood swings and have become real mean. I don't see it that way. Maybe she is trying to get rid of me for some reason. Hell I don't know cause I have not done anything. I do know that she and the doc have been talking a lot lately.

The Notice of Disagreement or NOD as it is normally refered to, is the first step in the appeals process. The NOD will result in the VA issuing a Statement of the Case or SOC which should give you specific reasons for the denial of your claim. From there they will ask if you want the traditional appeal process, at the BVA level or if you want to continue to allow the local RO to work the appeal. If you elect to allow the local RO to relook at the claim and you still do not like the results you can still have the claim forwarded to BVA for their action under the traditional appeal process.

I wish that just one time the VA would hold true on their threat of deciding my claim in 60 days. hahahahahahahahahahahahahahahahahaha

jangrin - those posts that you spoke must have come from a poster from other sites that are very pro VA. There are some in which if you even infer that the VA may be wrong you will end up on the bottom end of a bunch of flaming posts. Most indicate that you must be worthless and are simply trying to get a dollar out of the VA. These guys are the ones that got lucky and sucked up to the VA and got thier 100 percent without much trouble. I'll bet that these same guys would sing a different song with the VA had screwed with them like they have most vets. Sometimes you will get luck and get a dedicated rater who really loves his/her job of helping vets and will give you a complete review and fair evaluation. However, that is in the top 1 percent of raters. the other 99 percent simply sit around collecting a check. If forced to work a claim it pees them off and they take their revenge out on the vets of the claims they have to work. Berta - I guess that you and I simply have that relationship with the VARO that tends to bring out the MF in every dealing we have with the RO. I have send them a written request for a hearing at the VARO NINE TIMES IN THE PAST YEAR. However, they continue to deny that it exists and request that I resubmit if I desire such a hearing. Oh well. Guess it gives the BVA something to remand for. I have also requested a hearing with the BVA. I will rep myself and at the start of the hearing I will make it known that since the varo is violating the law by not providing the required due process to vets and other denial of veterans rights that I now waive those rights and this waiver is being done so in an effort to stop any remands of the appeal back to the ro for the violation of such rights.

Normally, you will see a note about the rate that you are being paid in the decision. If it is without dependents it will tell you to submitt the required info. As stated below they will normally go back to the original decision date if done so within a year.

Bound, a withdrawal will only mean a VA victory for that is what they are hoping for. Keep up the fight. Let it settle until after Christmas and then hit them full force. There are plenty of concerned people on this site that will help you with the struggle. Merry Christmas and hang in there. Ricky

Although I think the whole system is screwed up, in the BVA defense - I think they used to try to fix without remanding by ordering new C&P's, IMO's etc. however, one of the service organizations took them to court. The results of the hearing was that BVA was told their actions were illegal and all claims that needed additional development must be returned to the AOJ. I don't know the background but I guess that with that power BVA had become just as evil as the Ro's are now. Multiply medical opinions (denial fishing) etc... I think that I read this somewhere. Don't take my word though for I also hear voices and see things that are not really there according to my wife and I don't even have PTSD or at least I don't think I do. Ricky

Your need to get your claim in asap. As Berta states if filed within one year then it should go back to the last date of service. HOWEVER, OSA is not a presumptive disease so SC is not automatic. You will still have to jump through all of the loops. You will have to find some hint of it during active duty.

FLHRCI, looks like to me he made a firm diagnosis for depression and ruled out PTSD. Not saying you do not have PTSD just simply saying that it looks like this doctor is telling the VA that it does not exist as he has ruled it out. Ricky

John, thanks for the advice. I think that my claim and I know for sure that this RO is beyond unF&^%^&^%% if you know what I mean. I guess I will just have to wait for the BVA to request the file, if the RO ever gives it a docket number, then expect a remand. I assure you that if you were sitting at a desk and reviewing my claim you would surely jump up and shout "what idiot rated this claim"! Not that it is my claim but the review and rating on it is truly screwed up. Hell the De Novo Review took less than 6 months. I was so excited that the DRO had seen this thing along with the injustices performed by the idiot rater and turned it around in less than six months rather than the normal for my RO which is about 18 months, hell I jump up and shouted. However, the difference between the SOC and then original rating was two words "denial continued". I sh__ you not. The SOC was word for word the same as the original rating. It even contained the same spelling and grammar errors. in the write up. There were a lot of them too. If you read it you would think that the claim had been outsourced to India or other SE Asia country for review, decision and production of the rating/SOC. Took a copy of both documents to my crongress critter's office just to say, I don't need your help, just wanted to show you the shit VA is doing to your (his state) veterans. Shucks, he did not even blink and eye when he commenced his rant about all of the good things he has done for veterans since being elected. Jesus you would have thought I accused him of some serious crime or something by the way he took to an immediate defense. After calming him and his staff down, he just looked at my papers (only 6 pages) and said I'll discuss it with my buddies when I get back to D.C. I told him that is not what I wanted. I wanted him to make a visit to the local RO and say hey what are you people doing to my veterans. He wanted no part of that. Oh well back to the main issue - yep my RO is totally f' ed up and I don't see no repair coming their way in my life time. If I live long enough to see this appeal come to an end, I know I will never see my new claims completed. Looks like another 4 years at least for the appeal and one remand cycle then they will start to work on my new claims which will take another year - then the appeal cycle will began on them.

Not all goes so well at the RO. Got SOC in Jan 06 which was a carbon copy of denial from rater which provided no Basis and Reasons. Asked for DRO hearing. March no word on DRO hearing so forced to file VA 9. July no word on DRO hearing. Iris inquiry reply stated "we are so over-worked at this RO we do not offer such hearings". Informed them that law provided such hearings as part of my due process rights. No reply. Sep 06 Iris inqury resulted in " we will let you know when such hearing is scheduled". Nov 06 received letter from VA recommending that I ask for a video conference BVA hearing instead of travel board hearing. Same letter also stated "you can also receive a hearing with an employee of this office, all you have to do is let us know as soon as possible". " This hearing will not affect any hearing that you may request from the BVA". I replied and told them of my Jan 06 request for such a hearing and all of the follow up request for the status on the hearing. As of today no response has been received to my response to their letter. Also still no word on a hearing. I think that all I have done so far is afford the RO a legal avenue to let my claim sit at the RO for 1-2 years without any action on my appeal (date or original claim was Feb 05 so Feb 07 will be 2 years). The other side of this is that I also have three new claims that were filed in August 05 which are sitting in the RO without any action (16 months on these claims). Any time I request a status of those claims I am told that my file is with the appeals team and that they can take no action on my other claims until the appeal is resolved. Hmmmmm, since all of my claims center around my DMII, hypertension and my Jan 2005 stroke they assume I am not going to be around much longer so they are simply holding on until my wife is able to send them that joyus letter they are waiting on stating that I have passed on. This will allow the BVA to issue one of those quick decisions declining action on the claim due to the death of the veteran. So depending on the RO you may be playing a losing game by trying to keep it local. Don't get me wrong, I have heard of success by other vets using the KIL (keep it local) system, but far many others have face a situation similar to mine. Bottom line is it is your claim and if you want to roll the dice then by all means roll them and make sure you roll them hard. However, be ready for the risk associated with the roll. JMHO

Some good ideas have come up here. The IF vets with their terrible combat injuries need fast service no doubt. However, instead of stopping the processing of the current 400,00 claims hung up in the system, many for years, the VA/Congress needs to let go of some money to establish maybe another Tiger Team type deal that only handles IF claims. They would have to hire brand new raters and DRO's cause the current ones on staff would simply bring their dumb butt mentality that has now clogged the system with such a large back log by not following the laws. I want to see quick justice for these young guys and girls cause one of them belongs to me. But I also want to see quick justice for those vets who have beat their heads against the wall year after year trying to understand the crazy crap that comes out of the VA. Ricky