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sixthscents

Master Chief Petty Officer
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Everything posted by sixthscents

  1. The VA seems ,,, (sigh) I will NOT rant. File a NOD, ask for a hearing and ask that you be given expedited service considering the situation. Contact your congressperson, explain the situation and ask them also to contact the VARO. Further write another letter to the VARO Service Manager... their name will be listed at the bottom of the decision... write to them personally, and in you opening phrases say my brother is dying... and then ask for his perdonal help. Dont let this claim go away... even if your brother passes this is money that could eventually go to his spouse or children... Sorry man, I wish I could say more but with a short time window... this is it.
  2. yoggie, All I can say is I have been over 100% P&T since...02 I think, and I am STILL filing claims. So after 6 YEARS of advocacy, and filing my own and other peoples claims... I STILL get that feeling when I walk to the box witing for an answer. My latest claim was for SMC of R1- or R2, which I actually think they will approve R1 anyway... at least I think so... maybe... hopefully... (sigh) see?
  3. Theres been some very GOOD advise on this thread so I'll only make a couple of comments... As stated take the claim to the fee basis office NOT your CBOC, they cannot help anything. The VA Should eventually pony up on this, just dont give up. Phillip - go easy man, we all know the VA is not charity or welfare... right? Oh, I was told you tried to call, give me a yell this week if you can. Tell my housekeeper I said to wake me if I am asleep. Feel free to "rant"... we all do from time to time... we have to get it off our chests and its only here that others understand. Just try not to rant all the time right? Good luck and dont give up - also work WITH the hospital so they dont refer the claim to collections, 1. it can show up on your credit report and 2. the collectors are nasty.... Seriously work with them and keep their billing office personally informed of what you are doing ok?
  4. I have seen a few (3 or 4) cases where veterans did get both, so I "think" you can. If you want I will try to look up the governing regs...
  5. Yet again today I contacted the 1-800 number to discuss the progress of my claim. Unsuprisingly, I knew much more about how the system worked than the droid answering the call. Again I have to reccomend that if someone has a question then submit it online rather than talk to these people. They simply are not trained nor qualified to answer your questions. Every once in a while you get an experienced one who actually DOES know the systm, but for every one of them you get 10 idiots. Seriously, they will tell you contradictory information in back to back calls. It's pointless, and I can see how a newer veteran would get massivly confused by their ignorance. I honestly just did it to see what the person would tell me, not that I'm concerned about the claim since I had filed an online question and already had the answer I wanted. I was just curious as to what they would say.... Anyway, just my opinion and thought I'd throw it out there once again for the newer vets.
  6. I go to individual psychotherapy, and yeah I am rated 30% for depression... Personally I'd like to address a couple of things mentioned below. I have always presented myself in a neat and orderly manner. When I go somewhere I make a special effort to be presentable, be it the grocery store or the doctor. Doctors can form a clear impression with you doing what you would normally do... Now I need assistance in dressing, and I dont go to the grocery store anymore... but I still appear well groomed and presentable, and I have NEVER had my GAF raised because of it. I think that probably Rockhound is correct and they are just trying to get you into treatment. I kinda disagee with him on another issue but hes probably right there. Personally if the VA says we want you to do so-and-so, I do. I dont think the individual psychotherapy is doing much good, but neither is it doing harm, and I feel that since I am taking their money, I should accept their treatment (within reason of course). Now thats NOT saying you should - do what you feel is right for you but dont get too panicked about this. Honestly they do new GAFs all the time, quick ones anyway, and sometimes they do full ones (I've had several)... and most likely they will not change your rating. Even if it does raise your GAF (doubtful) that probably would not affect your rating - since the NEXT GAF is just as liable to go back down. Like I said dont stress it - just talk to the lady and see if the counciling would POSSIBLY be of benefit. If you think so, do it, if not politely decline. I will say its a hassle going to it every couple weeks, and my main Psych appointment every month - since I no longer drive my baby-sitter has to take me etc. but if it could help I am willing to try it. I remember once on the board we had someone reccomend screaming at your doctor and going in to see them in pajamas covered in food and stuff.... I'll say now what I said then... present yourself as you would normally going out... (isn't that the real picture anyway). Doctors can see thru stuff like that, and it wont help your rating... IN MY OPINION. Plus take your significant other if possible to your first meeting... They generally know more about how you act than you do.
  7. They send a letter stating either approval or denial and the reasons. Personally I would fight this tooth and nail. Its some hack trying to save a dime and I wouldn't stand for it. Your doing the right thing by going thru the patient advocate, just follow that path and see if it gets what you need and if not I'd be contesting it and contacting my senator. OH and the 30 days mentioned below is from the date of the denial letter, not the phone call.
  8. Theres a bill right now to incres the 50K to 60K.... I'd say it has a good chance.
  9. I owuld file for a new injury - chronic - the hidradenitis. I would demonstrate its existance as evidenced by the repeated pilonodial cysts (which is what I assume they have been mistakenly calling them). Show the new diagnosis, and request compensation for it. Personally I had a pilonidal cyst that was surgically removed and then reoccured... I recently undewent yet another surgery to remove it - 6 months ago. The VA did a better job than the civilian surgeon I had the first time... they didn't leave a huge gaping hole at the top of my tailbone.... and so far so good - no reoccurence. However I dont think what you are referring to is you simple pilonodial cyst. I just had a relative get SSD for a cyst which tunneled into a total of 5 others... and its to big to operate on since it wraps around his whole leg. Dont play the stubborn vet with this medically though, mine got inflamed and caused a systemic infection. I was in the hospital for a couple of days, and at the emergency room a couple more time till it got under control. The thing can kill you simply by infection you lymph nodes - which is what happened to me. So if it gets bad, go to a Doc immediatly. I would make certain of the diagnosis - get a cut and dried one and then file for an increase and just see what they do... Sorry but thats my best advise. Sorry you got it, and where but its a LOT more common than you might think.
  10. In my opinion yes you should... there are several benefits to doing so, but I really want to point out the new legislation concerning TBI in H.R. 1585... there is a BIG change in the way it is handled and what is provided etc. Go to the THOMAS website and read the section of the Bill concerning the new protocol/benefits etc. While Bush used a "pocket veto" to delay the Bill, once Congress somes back into session (mid-month) a compromise will be worked out and it will be law. Further you can and do become eligable for more money as your rating increases. Special Monthly Compensation is paid for injuries which exceed the level of care necessary funded by normal compensation. Depending upon your rating you could become eligable for housebound status, etc. The SMC rate tables are below the Compensation ones at www.va.gov.
  11. The VA often moves claims to other less "back-logged" VARO's. They have been doing it for as long as I've been handleing claims. You CAN request that your claim be transferred BACK to your VARO... but you need to give a reason - like you are able to drive and discuss claim at VARO locally etc. I have also seen the VA move claims from lesser "bac-logged" VARO's to more backlogged ones... or ones that in MY experience seem to take longer with a claim. I don't understand why they do that, but I have seen it happen.
  12. It is not a place to spout your opinion unless it's about a claim or VA law..." I have seen several opinions that have been authored by members of different ranks (to include moderators) that are not directly associated with the two areas you mention (cited above). In most cases however, it could be inferred that the statements could be indirectly applicable to the two areas. I suppose that the most common post of this type goes something like this, "The VA sucks and they're out to get us and cheat veterans out of their rightful benefits." Yep that what I said, but... I also said: Everyone has to blow off a little steam about the VA and it's systems.... that's fine to a point. And I am just as guilty of that as anyone. Yeah sometimes we get sidetracked and so po'd over something the VA has done that we go into "rant" mode. I have I know... and so have others and thats OK to a point.... where is the line I think you are asking... well I'd say just dont do it evry day ya know, and try not to get a post totally off subject (yep I'm guilty of that too)... it's kind of a common sense thing. Like I said WE ALL vent sometimes, and no its not productive in the sense that it will directly help a claim, but it is necessary sometimes that we have someone to VENT too who understands what we are yelling about. So, as a caring community of veterans' we are going to listen to a rant now and again and say yeah your right.... That's important too... that people can share their experiences both positive and negative... to a point. Yet where is the line, I think you have to use common sense, and if you get too bad trust me someone will reign you in (Again - I have been).... So I din't intend to say you can only say something about a claim etc... thats just the MAIN purpose of this community, but it does also serve as an outlet sometimes, and I think thats a good thing as well... to a point> HeHe.. Anyway, I hope I didn't make you think you CANT rant, just dont do it all the time huh?
  13. Well, I understand his concern I guess, but we do follow all this stuff. I can see where he is coming from because there are people out there serving up bad advise, just not HERE on Hadit. We police ourselves regularly and I think all in all we probably have more competent reps than they do in many cases. Since many of our veterans have actually dealt with THAT specific claim for themselves... so they know EXACTLY what process and things the VA is going to ask for that specific illness or injury. Thats a BIG factor that really cannot be understated. I'd go one-on-one with any laywer or rep over a back injury claim... and I know I am competent in this, my OWN injury area (thats not all but it's where I am most competent).... Again though, we DO have to boot people all the time for spouting nonsense... so I can see where he is coming from. Hadit is special in that we do have a knowlegable core of constant posters who are willing to spend days and days on other peoples claims. My last was a sixteen page claim that was very clear, referenced exact dates and exact test results etc.... Right now I have backed off alot of my advocacy due to health reasons (my back is killing me, and my legs are going crazy right now) but we are so lucky that we have people who can fill in the gaps and are also as experienced or more in more than one area. So... thats my opinion anyway.
  14. Waiting time for an ADDITIONAL claim, thru the Nashville VARO averages 3-6 months. I've dealt with them for years, and that has been the average I have seen. Not on a NEW claim, but an additional one. Since I am familiar with oldnavygoats claim, and everything else (hes a friend and I have known him for years) I feel comfortable with my entire statement. He also uses Nashville VARO. Again this is based upon MY experience with this particular VARO, with HIS claim..... Atlanta VARO 6-12 months.... up to 2 years in some cases. again based upon my experience... I dont know offhand what VARO you use Army... but I could look it up if you want me to, and give you my guess - but thats all it is, a guess based upon my experience. Bob Smith
  15. OH.. and Happy New Year... (sigh) A great many of you have worked very hard in helping others here. You deserve to be applauded for your contribution. The simple fact is, if it wasnt for you so many many veterans wopuld just fall thru the cracks. Because of YOU some veteran was able to pay their house payments this year. Because of YOU some veteran was able to buy their children Christmas this year. Because of YOU some veteran was able to feed and cloth their family this year. Because of YOU!
  16. I feel I must comment here on a couple of points... 1. There is no DEMOCRATIC process on someones web board. It's their board not yours. If you want to set up a board where evryone gets a vote on everything well, I suggest you read about the history of Poland prior to 1941. 2. As moderators we discuss each action we take normally, and see what the concensus of opinion is among us. However, this is like a house and T-Bird OWNS it, so by right of ownership T-Bird can do as she pleases - period. 3. There is no RIGHT to free speech. In fact, it is clearly spelled out that you do NOT have such a right on this board. If you personally attack anyone, if you are intentionally offensive - well your like a drunk at a party. Someone will eventually call a taxi and boot you out. 4. Any and ALL posts are subject to censorship... even mine or another moderators (yes sometimes I step out of line too... and get slapped back into step for it.). Repeated problem children will be given their hat and shown the door. Hadit serves a huge community of veterans day-in and day-out. Besides our members we have a huge volume of traffic with veterans who just read and dont post. That's how I started in fact. Daily posts are moderated, it is an ongoing process, and sometimes people get banned. There is no place here for people who just want to argue, or attack others. Say what you want about the VA etc., but NOT a single word about another member except to express you disagree, and then do so nicely. 5. For some reason people say things online that they would NEVER say in person. I guess its the idea of anonimity(sp?). The best course for any poster is to say what they would be comfortable in saying in formal company. Treat Hadit like a friends home, not your local bar. 6. Hadit is here to help veterans, and does a fine job by and large. It is not a self-awareness group. We have members who are very sesitive to some types of posting, and some people feel the need to feed upon that. Inflammatory posts for the sake of stirring panic are not welcome. In closing Hadit is in the end a web board designed to help veterans thru the claims process. It is an incredibly valuable tool for that. It is not a place to spout your opinion unless it's about a claim or VA law... it is a place to tell someone how to get a claim approved, or legislation about claims... everything in general about claims. Everyone has to blow off a little steam about the VA and it's systems.... that's fine to a point. It is in the end one of the finest veteran help boards I have been a member of - and it continues to get better. I expect that it will continue on, and while some may disagree with some of the actions - well you cant make everyone happy and thats not what Hadit is about - it's about answering questions about claims. Anything that repeatedly gets in the way of that is going to have to go... period. I will note that it seems that the people who cause problems here, are slao problems on other boards and are normally long banned from them. Hadit is VERY tolerant compared to other boards, we normally ask people to stop several times before taking any severe action. However, there is a line - and you will be warned repeatedly as you approach it. Don't cross it if you want to post here. Bob Smith
  17. DoD is just doing what they KNOW they are going to have to do under HR 1585, since it specifically adresses this issue. They are doing a bunch of stuff they KNOW they are going to have to do now, since they would just have to back up and redo it when the bill is passed. HR 1585 is like a sledge hammer to a bunch of shady stuff they have been doing for decades. And you better believe they know it and are howling.... (too bad right?) I'm getting in line to slam them as well with it... and their discharge review board... oh yeah rated at over 170% schedular (I quit counting then) and they put me out on 20%... even considering just the "disqualifying" injuries or illnesses... I'm getting 100% out of them, if I have to appear in person with legal counsel.... I was discharged for "lumbago"... after 3 surgeries.... oh yeah they are going to pay, and pay.....
  18. Yeah I dont see how housebound or S rating could be denied... but I'd push for R1 or R2 based on the level of necessary care. I'd file for R2 and then see what they did....
  19. Ricky, With all this medical stuff going haywire - well I'm doing my best. It's not much but I'm trying. Hopefully they will figure out what new part of me they want to fillet and well see if some of this gets fixed. Until then man I am really trying my best.
  20. Well, I think that a FELONY warrent would be for something a little more intense than a missed traffic ticket (1)..... So, while I guess I appreciate the info, I have to agree with Ricky... Ummm. and HIGH Misdomeanors, well I'd guess that something dealing with illegal activities, etc. that while not considered a felony by that state is held to be a felony in a majority of the states... Honestly, I just cant see how someone would NOT know they had a felony warrent out for them for such a long span of time... it COULD happen I guess.
  21. Both houses knew it would be vetoed that is why it went forward. They simply wanted to stand up in front of America and say look at what I tried to do for the troops. It was all a simple political stunt. jmho No Bush gave no indication there was a problem with the resolved bill until a week ago. Until then he was reportedly going to sign it. IN May he had problem but they were resolved.. thats why I didnt catch the veto until it was brought to my attention. His intent a week ago was to sign it... now this. Supposedly they had stated a concern, but "it became clearer in the last week that this was a problem", quoting his own staff. And I dont think these numbers are a stunt.. House - 397 ayes (92%) Senate - 92 ayes (also 92%) Short and sweet, this thing is going to either get amended and signed, or his pocket veto will be constitutionally challenged since the senate is in session (that may happen in any case)... but in the end this bill is going to be law. Again I suggest that all vets read it. I understand that some of you are "disenchanted" with the government... heck so am I, but common sense says this thing will go thru with the veteran issues intact, since he hasnt made a fuss over them in his speech, just the Iraq funds...
  22. OK after a bit of research I can see where he has issued a "pocket veto"... over freaking Iraq bull. However he states he is "willing to work with Congress after the new year"... sorry about not catching the veto but it hasnt showed up on Thomas or any of the bill site I use yet. Further, it's is questionable of the constituionality of his "pocket veto". In any case... Bush is going to HAVE to sign this eventually in SOME form and he isnt complainng about the VA stuff... Thats not at issue, at least not openly. I suspect there will be a bit of back room juggling about the Iraq issue and it will get passed. If not I suspect Congress will delay any new "emergency stop gap funding" for any of the other programs associated with the bill, and there are a BUNCH. Nope this bill isn't going away, and Bush is going to have to do something with it.
  23. A lot of people seem to confuse Aid and Attendance, and Special Monthly Compensation. For VA purposes Aid and Attendance IS Special Monthly Compensation.. at ANY rate from K and up to R2... Since I have been dealing with this same issue myself, A/A that is I do feel somewhat qualified to make a few observations. A/A does not require that the illness be service connected... HOWEVER there are a BUNCH of qualifiers if it isn't. Simply put it's MUCH easier to get A/A for a service connected condition, as opposed to a situation arising from service RELATED condition. It's a sublte distinction but let me give you an example: A veteran rated above 50% ends up requiring "age-appropriate" nursing home care.. the VA is obligated to provide it. Reguardless the circumstances. Now Special Monthly Compensation is provided for specific cases where Congress has dictated certain amounts of monies to compensate for the necessary expenditure of money for care... For instance: loss of use of two appendages is an L rate... as outlined in CFR38 3.350. If you call the VA they will refeer to this SMC AS aid and attendance.. since its to offset the cost of said someone to help clean your house, maintenance that you cannot perform yourself anymore etc. Now.. when you get to nursing home level care we are talking about R1-R2 SMC rate... and all that is required to fullfill the need for it under CFR 38 (3.362? its somewhere close to that look up 3.350 and it'll give you the exact reference)... further M21-1MR has quite a bit to say about it. Personally I would file for an SMC rating of R1 or R2 and then let the VA file the necessary C&P exams (there's 2 - a psych and a medical)... your primary care physician WILL have to make the reccomendation for nursing home care, but this can simply be annotated in the medical record, and that used to file. The medical exam I posted last month or so should still be around in this section... look up my user name and go thru my past posts. I actually posted the majority of my medical C&P for R1-2, and it will give you some idea of the questions which will be asked. You should also note that the doctor is filling out an electronic form... in essence they are simply answering the questions the computer presents them on your case... does that make sense? Anyway feel free to look at mine, check the reg and ask anything else you may need.
  24. Look this is a LARGE bill but there's a BUNCH of very important changes being made to disability determination, PAST Physical Evaluation Board Decisions (backdated to Sept 11, 2001), Concurrent Receipt for TDIU vets rated at 100% schedular or TDIU backdated to Dec 2004... it goes on and on. http://www.govtrack.us/congress/bill.xpd?t...;bill=h110-1585 I think all vets should read this bill that WILL be signed into law very soon. It's just waiting for the Presidents signature and he's already said he will sign it. Scan the ENTIRE bill, and look for ANYTHING that says veteran. Further look thru the amendments, and look at the stuff there. Seriously this is some really good news for some recently discharged vets - back to 2001, and veterans getting out now. There was even a section on the social security quarters of veterans... Honestly it's simply too much to summarize but I have watched this bill all year and it's finally going thru. I suggest that all veterans should read it as it applies.... The changes are drastic, and will be very very important to many newer veterans - as well as older ones (like the concurrent receipt - I think thats actually an amendment but it was approved) It's important to read the amendment to bills since often they contain as much or more significant information. Again, I cannot stress enough that I think all veterans should READ this bill. If you have any questions ask.. hopefully I'll be on to answer them. Also, read the entire sections that apply, the summary doesnt explain enough...
  25. I think that a bunch of you are having problems with rentalguy because since he goes to Nashville VARO - they generally are decent to deal with. UNLIKE a GREAT many others. I personally go thru them as well, but thru advbocacy have seen how the others operate, and I am happy (and sad for others) that we seem to have a decent VARO - I KNOW... it's like a 2 headed horse but it does happen. I have said again and again people in Tennessee are LUCKY - no MAJOR military insatallations really, really good VAMC's - except for the occasional contract doc quack.. and really good local clinics. Again and again - the lower number of veterans residing in state, the better the service. States that have large military presence, have a large veteran pool, and very busy VARO's and VAMC's. Ours are busy, but I can still get in to see my PMC in the same week normally. Personally I have very good insurance as well as Medicare, but the VA does 100% of my stuff. Why? Because they were the ones who broke me (or the military anyway) and they should be the ones who care for me. For me it's that simple. I do suspect that if you dont use the VA system, OR SOME OTHER MEDICAL SERVICE WHICH WILL PROVIDE RECORDS YOU CAN THEN SUBMIT FOR ENTRY INTO YOUR VA RECORDS... well it certainly would look odd. I have seen countless cases of vets getting their rating and then turning their backs on the VA. I know the reasons, but... I would CERTAINLY make sure that whatever care I did get was added to my VA medical file... Does that make sense? It's one of those CANT HURT things right? Anyway jmho (stole from carlie)
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