Ricky

dtclou, Look at the requirements in 38 CFR Part 4 for each rating (each specific DRC). Get a physical exam by a civilian doctor and have him list the symptoms of each of the disabilities with the wording that matches that in part four. You must shoot for at least 10 percent for each in order to gain SC for persumption of GWS. SC with a zero rating will not be given for GWS unless the symptoms were present during active duty then they will go with a zero rating but not under the presumptive clause (it must have become disabling to a degree of 10 percent). For example: IBS 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.): Severe; diarrhea, or alternating diarrhea and constipation, 30 with more or less constant abdominal distress................ Moderate; frequent episodes of bowel disturbance with 10 abdominal distress........................................... Mild; disturbances of bowel function with occasional episodes 0 of abdominal distress........................................ anything below Moderate frequent episodes of bowel disturbances with abdominal distress will not get you presumptive SC for GWS. Once you get the doctor to diagnose the symptoms as moderate frequesnt episodes then follow that with a statement from your husband and yourself describing how those symptoms affect his daily activities with emphasis on his work activities and his ability to conduct self support activities. Remember 10 percent is the key here. Although you probably already know this I just wanted to refresh you memory while writing the NOD. Ricky "Just think - I am not a doctor but with three weeks of training I could be a VA Rater which would place my lay evidence and rulings well above any doctor by making it LAW"

I am sorry but I forgot to ask - does anyone else on the board deal with the Mongtomery VARO? Thanks

Thanks to all of you guys and girls for the responses. It sure helps to have great people like you on my side. After all I am still a "baby" in this claims stuff compared to those of you who have spent years fighting with these incompentents. I am able to drive to the VARO and review my C-File. It is only a 3 hour one way drive. However, I will wait a few days and let myself calm down. If I were to go this week I am afraid that I would grab one of them and kick the sh--t out of them. Once I got my hands on them I could let go of my cane and use them for balance. I bet that would hit the local news - "deranged veteran goes beserk and kicks the crap out of Mr. VA Rep. It is hard to understand the actions of this vet since the VA truly tries to help each and every veteran that has served our country". Yeah right, they try to help alright. As it stands my course of action is to call on a daily basis to determine what story the next telephone rep will tell me. I will send a complaint via their email link and then plan a trip to Montgomery very soon. Once again you guys are my hero's and I truly appreciate all of your input. May God bless us all, for it is certain that our politicians and the VA has forgotten us. Ricky PS. What does the amount of money you make have to do with a damn thing???????? I make a good living for my family at this time but I also served my country for 25 years while making them live month to month and eat a lot of potato soup. Their sacrifice was far greater than mine. I think it is about time they got a taste of the good life eventhough I am disabled.

They stated that the NOD had been received. Their 6 Oct letter to me asking me if I wanted a DRO or traditional appeal also proves they received the NOD. Their claim is that I never responded to the 6 Oct letter. However, I did on 10 Oct. In my response my first complaint is that if they had read the NOD they would have already known that I wanted a DRO review. All of my correspondence with the VA is done via registered mail with signed RRR. I have all of my little green cards.

I called today to get a status on the NOD that I submitted in August 05 for my stroke. I was told that the VARO was waiting on my response to their letter asking if I wanted a traditional appeal or a DRO. I told the lady that I responded to that letter in Oct 05 requesting a DRO review just like I had in my original NOD. I then asked since there was no record of my response did this mean that my appeal was dead. She said no she had the authority to input my request directly into the computer and this would start the process. She then said that they would now start the appeal process and I should hear something in about six months. I then asked her what about the 5 months that I had already waited and she said there was nothing the VA could do since they do not have the response to their request they sent me in Oct 05.. What a crock of shit. My original NOD requested DRO review, and my response to their Oct 05 letter also requested review by DRO and the waiver of any additional time the VA wanted to give me. I want to send a letter to Nicholson and his pet dogs at the VA but can not find contact info. Does anyone have the address? Although I have all of my paperwork with the signed receipts from VA I feel it useless to fight this battle for it will take more time than if I just sit and wait on the NOD to be prcessed. PS can I simply file a VA form 9 now requesting an appeal at the board vs the DRO review eventhough I have already requested a DRO review? I feel that this is the only way that I will get my claim reviewed in the next two years. Ricky

Thanks Jim. I have one medical opinion that states "complete functional loss of hand and foot" and another that says "loss of use of hand and foot. Both are in reference to my service connected stroke that is secondary to my service connected HBP and DMII.

I hate it that anyone has to suffer through the problems with stroke, but Mr. Sharone should have gone the to Birmingham VA Med center and saw one of the C&P doctors there followed by a review of his mishap one of the almighty healers at the Montgomery VARO. Surely they would have cured him just as instantlay as they did me. I think I will email congress and let them know that he should be rushed to Alabama as soon as possible.

Is complete functional loss equal to loss of use?

Sorry forgot to mention. I have the C&P. I quoted it verbetim in the NOD and attached a copy to the NOD. My neuro doc also wrote an IMO to go along with the NOD describing the defecits caused by the stroke and reemphasised that it occurred in Feb 05. His bottom line was that the damage to the central nervous system has resulted in a complete loss of use/function of both my left hand and foot along with other damage to my mouth and face.

Berta , This is what 38 CFR states: 8007 Brain, vessels, embolism of. 8008 Brain, vessels, thrombosis of. 8009 Brain, vessels, hemorrhage from: Rate the vascular conditions under Codes 8007 through 8009, for 6 months................................................. 100 Rate residuals, thereafter, minimum........................... 10 My stroke was a thrombosis located in the thalamus. As you can see the only rating percentage is 100 percent for six months. I have the blue rating sheet and it does not contain even one disability code. They accepted the MRI interpertation and actual MRI film (with big circles drawn around the areas with the thrombosis) from the local hospital that I was taken to. As far as the 10 percent rating they did give me it simply states that absent an active disease 10 percent is the highest allowed by current law. The only other paperwork they sent with the rating was the form for clothing allowance since I now have to use a cane to walk. I guess that you were correct in that maybe they felt that the C&P exam cured me on the spot. Even if it had that still would not have done away with the fact that I suffered a stroke. Maybe they do not understand that stroke is the common name for thrombosis! I could understand their rating, to a point, if I had suffered a stroke 3 years ago which just now showed up on an MRI. I have had previous MRI's looking for evidence of stroke because of my HBP and DMII. All have been negative until late January of this year when I had a spell in which I could not walk, talk etc.... and was rushed to the hospital while at work. The ER conducted an immediate MRI and said you are having a stroke and began treatment. After all was over with the claim was submitted in Feb 05. The C&P was conducted in June 05. Although I could talk and walk with a cane 4 months later during the C&P does not mean that the stroke did not exist. Per the rating codes above there is no other requirements such as veteran can not talk, walk chew gum etc.... or any other signs other than the fact that the stroke occurred. The rating code simply states: stroke = 100 percent x 6 months. This should have been approved back to the original date of my claim in Feb 05. However, the rater approved the 10 percent residuals rating all the way back to March 2003. What the h--l was they thinking? I did not have a claim pending for a stroke in March 2003. It seems like an easy win/fix at the DRO level but the way things are going I only expect a rubber stamp and SOC. Sorry guys did not mean to be so long winded but I am just dumb founded over this one. No recent disease, giving a general 10 percent rating for residuals without even attempting to to deny a proper rating for the 3 body componets affected by the stroke and then giving it an effective two years before the disease happened. Who knows, maybe the DRO will approve the 100 percent and give it an effective date of December 1939! If he does look out hadit cause we are going to have one big party.

Thanks guys. Berta - I am able to work at this time even with the 24 hour per day pain and the inability to grasp things or walk correctly. My hand and foot, although in severe pain, has no feeling. My hand, if I close my eyes and you put some thing in it I feel the pain but can not tell if I am grasping it or not. The same with my foot, it is in constant pain but I can not tell when it touches the floor without keeping my eyes on it. I have a very good paying job, thank God, and my employer is understanding of my disability. The C&P exam, although only about 17 minuets resulted in a very strong write up. The VA doc emphasised the pain and effects of the damage to my hand, foot and face so I do not know where they came up with "no evidence of a current disease". They serviced connected the stroke as secondary to my hypertension and DMII but failed to apply the 100 percent for six months as required by 38 CFR part 4. The rating letter did not contain any disability rating codes. The residuals should have been rated for each body part affected or at least I think that is the way is goes according to 38 CFR. Oh well, a new year and a new battle. I just wish that for once we could truly defeat the beast (VA) and keep it tamed so that it obeys the laws set forth for it. I will keep you guys posted as to how it goes.

My claim for 100 percent for six months for my Feb 05 Stroke was denied. During a May 05 CP they service connected the stroke because of my SCed hypertension and rated it for residuals at 10 percent. The rating letter stated" a rating of 100 percent is not warranted because of no indications of a current or recently active disease is present". 38 CFR states that for a stroke "rate at 100 percent for six months, the rate residuals no less that 10 percent. If my stroke was in Feb o5, my daughter filed the claim in Mar 05 with hospital records, MRI and IMO from 38 year board certified neurologist stating that the stroke happened in Feb 05, how can they say there was no active disease? According to my neurologist the residuals, all centeral nervous system, have cause complete loss of use of both my left hand and arm and left leg and foot plus incomplete parlysis of left side of face so the 10 percent for residuals is not even right. They gave me the 10 percent effective March 2003 the date of my re-opened claim. Now how in the he-- could they do this? The stroke happened in March 05 and had nothing to do with the 2003 reopened claim. I guess they felt guilty for screwing me out of the six month 100 percent so they decided to pay me a couple of extra years at the 10 percent rate! I submitted an appeal but this is really freaky. First they service connect it with an effective date of Mar 03 based upon a re-opened claim for an increase for back pain and hypertension, then tell me that although all medical records provide that the stroke happened in Feb 05 that in May 05 their is no recent disease and sum it all up by giving me 10 pecent for residuals which medical documentation clearly shows rating of 70-100 percent for residuals. HOLLY COW I AM CONFUSED or maybe I am just stupid. :D :)

Why don't you do up a half page summary, attach a photo of the vet and copy of the news paper article and send it to: 1: Brother in Arms Steven Buyer so he knows for sure that he has blood on his hands. He will not care but I bet his opponet would love to know as we move into the 2006 race. 2. The service manager at the RO involved. Just to let them know they also have blood on their hands and it is their criminal actions that caused such an incident in which they all should stand trial for murder. 3. This whiz bang committe that is conducting the current studies of the welfare services of us drunken, dope taking, just want a hand out vets, just to let them know that if they keep extending their dead line for the completion of their reviews that it will surely be easier to push through changes since most of us worthles drunks just might be dead before they make their findings known. Just ranting. This really pisses me off. Eventhough I do not suffer from a mental disability I still feel like ending it all so I do not have to deal with the VA one more day so I would hate to imagine what someone like this vet had to go through.

Ok, let me reword this. If you are a VN vet who served lets say 6 months on ground in the republic. You left lets say in 1969. In 1987 you came down with DMII. Is the DMII service connected? If so how? there is no objective findings in your SMR nor did you file a claim during the period 1969-1970 one year after discharge. I would say yes it is service connected because the law says it is. Now what is the difference with service in SWA? Fibro, IBS and CFS are on the list of presumptive disabilities. If you served in SWA, have one of the listed presumptive disabilities which became manifest to a 10 percent level prior to the end of the presumptive period, and the doctor says you have it then how can VA deny the claim based upon the fact that there is no record of symptoms in your SMR during active service. THIS IS DRIVING ME CRAZY!!!!!!!!!!!!!!

Sorry - forgot to add - the objective findings and diagnosis of the doctor meet the requirements of part 4 38 CFR for a 30 percent rating. I guess that the only thing that I or anyone else can "presume" is no matter what the disability is, it cause or the veterans service is that VA will fight to the end to deny any valid claim. Hey, I finally got the VA's definition of Persumption: "PRESUMPTION OF"-The veteran can presume that any claim submitted will be denied and the veteran put through the most intensive Hell of his life. hahahaha

I really understand the "within one year" requirement. It is for stuff that may surface after discharge. So I do not think it applies to a presumption which was established for a certain type of veteran ie. VN era PGW era etc........ The IBS manisfested into a 30 percent disability in 2005 so I meet the 10 percent requirement. I spoke with my doctor about the statement and he said that that is what IBS is all about - it can not be contributed to anything. Once again if it has to happen during active service or within the one year then they might as well take away the presumptive period for all AO, PGW, WW2 era veterans. Or maybe I am just being blind or stupid to the true meaning of " manifest to a ratable disability of 10 percent during service in SWA or within a period begining after the last day of active service in SWA and ending on 31 Dec 2006.

I hope that some of you guys that are smarter than I am can help me understand this. I served in SWA. Retired from the army in August 2000. In Sep 03 I started having bowel problems. The doctor tried diet, exercise etc..... The problems grew worse over the next two years. In Mar 05 my doctor (a military doctor) listed objective findings of constant diaherra intermittent with constipation, bloating and cramps - diagnosis IBS. I submitted a claim to VA and asked for service connection based upon persumption due to my service in SWA since IBS is one of the presumptive diaseases. VA denied the claim stating that there was no objective findings in my SMR's during service nor had the symptoms developed within one year of discharge. What the h--l are they talking about? I served in the required area, the symptoms manifested to a degree that requires a 10 percent rating prior to 31 Dec 2006, IBS is specifically named in the list of presumptive diaseases for SWA service. I thought that was what the word presumption meant. That if you meet the requirements service connection would be presumed. Now they want to throw in the requirement that it had to manifest some how during active service or within one year after discharge. I am tired and wore down and VA's ability to constantly change the interpertation of their regs to fit their denial strategy is pushing me over the edge. This decision was either the action of a pure 100 percent idiot or one of the meanest demons that the VA could find from the depths of hell.

Just wanted to know if anyone can help me. I am SC 40% for DMII (non-AO claim). My dentist told me today that my DMII has caused me to have severe peridontal disease. He stated that I would have to undergo treatment to try and save my teeth because the peridontal disease would more than likely not allow me to effectively wear dentures. The DMII is aggrevating the peridontal disease and the peridontal disease is aggravating the DMII. Since the peridontal is secondary to my DMII can/should I submit a claim for it. If I do submit a claim what do you think my chances are? I know they normally do not provide dental unless you are 100% PT which I am not. Thanks for any replies.

Jay your dollar for dollar example would deplete benefits for all vets. I know that you were probably addressing PTSD vets but lets say that a veteran is 70 % disabled (physicaly). However, he is a collage grad and finds work at a company that uses his mind. Lets say that he is making a salary of 75,000.00 per year. If your recommendation would call for the complete depletion of his VA benefits. Why should a vet that has the ability to overcome his disability and provide for his family have to give up his disability payments. He is working and providing a good living for his family. He is working along side other non-disabled people doing the same tasks but he has to come up with 70 more percent stamina to do so. No matter how much he is making both of his legs are still missing or he still faces 24x7 pain etc......... Just because he decides that he wants to provide the best he can for his family does not mean he should just suck it up. If the government is allowed to do this to those who have the hardest time of all, PTSD vets, then it would be a snap for them to stop all payment for vets who work and make more that than paid by the VA. I am productive and have an very high paying job. However, it makes me feel great when I get that 30% payment. It lets me know that my government appreciates the things that I did for them at the drop of a hat without even thinking about the sacrifice or future effects on my wife an children. Let us stay away from the dollar for dollar theory especially for those who suffer the most and that would be those of you that have PTSD. Not arguing just my two cents and the knowledge that if the VA was allowed to start any work related program which would allow a dollar for dollar reduction in benefits for those with mental problems those who have straight physical disabilities would not have a prayer.

I need some help please. In July 01 I submitted a claim for joint pain of hands, elbows, knees, shoulders and hips. In December 01 VA denied the claim based upon their claim that I did not show for a CP in Sep 01. I sent NOD because I did go to Sep CP at which they conducted an exam on my eyes. When I went back to CP check in station I was told that was it and I would be notified if they needed anything else. As a result of the NOD VA scheduled a CP in Dec 02. In Mar 03 claim was denied on VA claim that the CP did not show any loss of function and that Pain was not a disability. In Apr 03 submitted VA Form 9. In Mar 04 checked on status of claim was told that no appeal was ongoing and I needed to contact RO. After sending the RO a letter asking why appeal was not processed they stated that the VA form 9 was not submitted in time and the claim was closed. They further stated that if I requested they would use the form 9 to reopen my claim. I submitted this request in writing and RO responded that claim was now reopened. In in May 05 I had to go to another CP. At the CP they only dealt with my other claims which the previous form 9 indicated that I wanted to appeal. In Jul 05 the claim for joint pain was denied cause VA claimed that I had not provided any new and material evidence. Once again I submitted a NOD. In preparing the NOD I once again reviewed my copy of my SMR's. In Nov 98 and Jan 99 my symptoms were diagnosed as fibromyalgia. I attached this to my May 05 NOD as new and material evidence (VA had never refered to them in the previous denials). Also in the May 05 NOD I provided copies of the Persian Gulf War Veterans Act of 1998 which provides presumption of SC for chronic multi-symptom illness to include fibromyalgia. On 6 Oct 05 I received a VA letter asking if I wanted a DRO De Novo or formal appeal (I thought my 8 page NOD requesting a DRO De Novo was very clear as to what I wanted). Any way in the letter they asked that I submit any additional evidence for the other disabilities covered by the NOD. However, on the joint pain they stated that the claim had been denied because I did not report for a CP and failed to submit any new and material evidence concerning the previous denial due to missing a CP therefore, the claim for joint pain remained closed and would not be reopened until I submitted New and Material evidence concerning the CP. Now - the Dec 02 CP for my joint pain was in the claim folder proving that I had undergone a CP for this claim; the SMR's providing the diagnosis of fibromyalgia was in the claim folder, They know that I am a Gulf War Vet; the Persian Gulf War Veterans Act of 1998 provides for a presumption of SC of fibromyalgia. Based upon these facts does this equal a CUE? If so should I claim cue in my now 8 page letter explaining my 8 page NOD? or should I once again explain it to the dummies, let them deny the claim once again on lack of new and material evidence and then claim cue during the formal process? Same with my stroke - had stroke in Feb 05 secondary to hypertension. Submitted claim in Mar 05. In May 05 CP doctor said stroke in Feb 05 caused loss of function/muscle strength, central pain syndorme in left face, arm, leg foot, constant pain - no meds available to relieve pain messed up gait, stand 3 mins etc....... Rating schedule states that stroke is to be rated 100 percent for six months - then residuals rated seperatly. My current Rating decision denied 100 percent for six months due to no Recent or Active disease. Rated centeral pain syndrome as 10 percent (this should have been rated for face, hand and foot as rating schedule calls for.) I feel that they failed to appropriately apply the regs by denying the 100 percent for six months due to no Recent or active disease. Hmmmm. stroke in Feb 05, claim submitted in Mar 05, large write up by VA doc in May 05 CP about the problems caused by stroke. Was I supposed to tell the emergency doctor to stop what he was doing and notify the VA immediately in order to quailfy for the needed "recent or active disease" requirment? The rating schedule states "Stroke (CVA) rate at 100 percent for six months" then rate residuals minimum 10 percent". Any advise before I go completely looney would be appreciated.

sorry but the functional loss was stated as complete functional loss

John999 - Just wondering what type of chronic neuropathic pain you have that the VA only awarded 10 percent for. Does it affect other body parts such as hands feet etc? I have Dejerine-Roussy Syndrome (chronic central pain) as a result of a stroke and it has caused loss of use of my foot and hand. Neurologist IMO provided severe incomplete paralysis with functional loss of hand and foot. thanks

Jim what was the effective date of you award? Was it July 04 or Aug 05? The reason I asked is that hopefully one day I will get my 100 percent x 6 months for my stroke. I assume that since VA already paid me 500.00 per month for those 6 months which was washed because of my military retirement. Upon award of the 100 percent for the 6 month period VA should send me a check for the 6 months that looks something like this: 100 percent = 2500.00 per month; minus the 500.00 per month they have already paid me so that should leave 2000.00 per month for six months which equals 12,000.00. Upon payment by the VA will the military now turn around and take my retirement pay for that same six months? Start date will be Feb 05 at which time full concurrent receipt was in effect for 100 percent ratings. the same should apply for a 60 percent rating in your case. You applied in Jul 04, was approved in Aug 05 and I assume with an effective date of July 04. VA should have paid you 839.00 (single rate). For 04 you should have received 125.00 per month CR. Therefore, when VA paid you did the award letter state that the entire 839.00 had been withheld due to receipt of military retirement or did it state VA payment 839.00 amount withheld 714.00 (this is what it should have read) resulting in a check from VA for 125.00 x number of months to current date. I hope this makes sense. If the law indicates that you were to get 125.00 per month CR then VA has to provide that amount to you via not withholding the entire amount. Am I out in left field on this?

I agree with all above. After having my stroke and losing the use of my left hand and left foot, SO that was assisting me (an Alabama state employee) told me that I should accept the 10 percent rating VA allowed me cause that took me to a total of 40 percent. He went on and said that he new thousands of vets that would be happy with an overall 40 percent rating. He would not assist me with a NOD. Oh well I am now my own SO. Yep we need someone to go public and expose this massive black hole who's only mission is to continue to suck up all the power they can which allows them to violate every right that American Vets have fought for while thumbing their nose at us and the U.S. Constitution.