sixthscents

Im sorry entropent, but I have discussed this at length with Windy City in the past so I have a fairly good idea of what his condition is. You are completely correct in you statement however, since you were unaware of this. Thank you for the tactful way you went about saying "shut up fool, you dont want him to get his hopes up" However, CFR 38 does NOT require paralysis of the common peroneal or anterior tibialis nerve to determin loss of use. Loss of use is held to exist when the service member would be equally well served if they had an amputation and prosthetic in place. While it certainly helps to have an EMG showing nerve damage it is not necessary. Howevere, I cannot see how someone with bilateral footdrop could not have an atypical EMG. Windy if I remember correctly you do have an EMG showing nerve damage.... I could be mistaken... its happened before but I think we discussed this months ago.. right? Sorry but on re-read I have to add, I have handled about 20+ claims with loss of use - 3 ongoing right now. Its a specialty area for me. I wasn't just referring to my own experience, but my experience in handling several claims of a similar nature. Anyway thank you for the correct and proper handleing of this issue entropent.

Forum closed temporarily pending a moderator/member issue. Will reopen ASAP.

Please dont get me wrong I KNOW the reality of the VA claims process. I've handled a great deal of them.. and it is an adversarial process it seems. That does not mean you file a claim based on a pre-existing condition that you lied about to get in does it? I'm not advocating someone using common sense in preparing or submitting a claim. BUT... that a huge difference from actively lying on a claim. HUGE... and witholding pre-existing conditions and then filing for them after service is again just simply wrong. Lying is wrong... period. Anyone who advocates that is wrong. We have to work within the guidelines established by the VA, and as long as we do so fine. Yet nowhere in M21-1 or CFR38 does it say lie. No I know it's a really poor system... but lying about claims just makes it worse not better. It leads to raters thinking that ALL veterans lie, that ALL claims are fraudulent. It actually has helped CREATE this adversarial attitude that the VA has toward veteran's claims. Nope I'm not saying the VA is peaches and creame, and yeah... they do some underhanded stuff at times (or so it seems to me). But we cannot advocate lying, or fradulent claims. Nope let me rephrase that... I will not. I win claims all the time too, without lying or concealing information intentionally. If asked directly, once should always be truthful.. period. Anything else is legally and morally wrong, even if the VA system is a piece of junk.

No it was a warning which you chose to ignore. You didnt get the posts because you couldn't. And you confuse integrity with attitude....

I wish, and the new updated version just makes everything harder to find. Dont mention the IRS... they clawed me bad last year so those letters are not spoken in conjunction in my house.

I did not use offensive language... nor did I call names etc. So... no. You dont like it talk to my boss.

So you are saying the VA is responsible for a pre-existing condition? That veterans should lie? Thats what you infer here. I dont have to explain or rationalize my actions here to you Jay... in the end I answer to Tbird. Period. Be very careful how you answer this... Are you advising veterans to lie? Are you advising veterans to conceal information on their claims? Again be careful because that what it sounds like to me.... Please point out where someone on this board told a veteran to misconstrue the fact. Please show me ONE post where a veteran was told to lie or conceal information. A liar is a liar... period. If you think a veteran has to lie to win a claim your wrong. Further, if you think a veteran has to withhold evidence to win a claim again you are wrong. An honest claim may take forever to win, but win they will.

Oh, and something I have been meaning to say. When we are forced to remove someones posts and/or ban them... its any forum they have posted into I think. I think the whole thread disappears sometimes or just the same day posts in other cases. This does not mean that someone else did anything wrong, simply that their post was included somehow in the deletion automatically. Normally before we delete a post we inform the member why we are doing so. If you were not contacted and your post disappeared it is not likely that you were in any way at fault. Please dont not be upset, since this is odd and just happens sometimes without our control and we cannot retrieve a comment once it has been deleted in most cases. Sometimes we close a thread because it is either going way off the rails, or is inflammatory in nature. Normally we state WHY we are closing these threads within the thread. Sometimes we move thread to other areas, if they do not belong under claims advise... we normally agajin state why we are doing so either within the thread or to the person who started the thread in a PM.

Kent.. it is only a name if it is inaccurate... otherwise it is a DESCRIPTION. I dont remember calling you a name, but I did state quite clearly that people attempting to file fraudulent claims will have their posts closed. Period. Your trying to find out information on how to file a claim for a friend you admitted lied on enlistment about a prior-service condition - and that is the condition that he/she is trying to file for! Thats makes he/she a liar (by definition) and a fraud (again by definition). It also speaks poorly toward your own character, but I will leave that alone. I didn't call you any names Kent, not now nor in my PM (which I sent a copy of to Tbird. So let me make this clear, if someone lies, they are a liar. If someone cheats they are a cheater. If someone spits, they are a spitter - look up the difference between an adjective and a noun. As long as Tbird allows me to be a moderator - I will not allow anyone to try and post questions about illegally fileing for compensation if I know they are doing so. Period. We cannot and will not allow anyone to think that we are helping veterans file for compensation they do not deserve. We are here to help veterans work thru the massive and sometimes unfair system the VA burdens us with. We are not here to coach people, or help them make their claims look worse than they are... we just want to make sure they look as bad as they are - with properly supporting documentation. I follow the guidelines and rules here... just like anyone else. If you feel that I have not please message another moderator, or Tbird. Specifically message Pete53, as he is still my moderator mentor. Rest assured the situation will be delt with. Berta, could you please email me? I'd like to speak with you if possible.

Windy, It has been my repeated experience that a limb which by injury or illness requires the use of a full time AFO (Ankle Foot Orthotic) is considered as loss of use. Bilateral, is of course bilateral loss of use. (Bilateral means both in medicalese) Since you have braces on both legs, I feel confident that a loss of use determination will be made and loss of use of 2 appendages is a 100% schedular rating. It will also entitle you to SMC, at least at an L rate, and adaptive vehicle grant, adaptive houseing grant, HISA gant and bunch of other stuff. I use bilateral AFO's and am rated at 100% loss of use for that alone. My schedular rating is over 200% now.... Oh and while I have a scooter (big 4 wheel rascle since Im 6'4" and 240lbs) I do NOT use a wheel chair, and was awarded the 100% prior to getting the rascle... like 3 years ago. Anyway give a yell if any other questions.

OK, I actually took the time to read this entire thread. Kent... as an ex-recruiter let me point out a few FACTS... your "roomate" he/she WAS asked REPEATEDLY during her entrance screening and physical if she/he/it had ever attempted to commit suicide or had ANY mental conditions. REPEATEDLY.... like over and over again. He/She signed he name on countless documents stating that he/she had no know mental or physical problems and they ask specific questions about mental health. He/She denied it, or would not have been allowed enlistment. Could His/Her recruiter have told her to lie... well heck yeah. They do all the time. Does that mean that shes not responsible for her lie, and further actions? Nope she/he what the heck ever lied about a pre-existing mental condition. You said so. I dont care if its not documented, because if it was this would be a moot point because he/she would never have gotten in. So basically you are saying she should be compensated even IF she lied since her recruiter "told" her to do it. Trust me buddy he wasnt in the medical section when she/he answered all those questionaires. He wasn't there for inprocessing and the "moment of truth" at basic. He wasn't there for the entire enlistment when she/he COULD have admitted the pre-existing condition. So I'm sorry but the idea the she/he is entitled to compensation NOW is plain bull. She/He doesnt deserve a penny of compensation and actually should have her/his character of service changed since she/he fraudulently enlisted. I would suggest if she/he is an honorable person that they submit a request for correction of records and come clean about it..... Nobody MADE her/him or what the heck ever lie... they did it all on their own. So this is a simple issue. She/He isn't entitled to crap. Now I have had enough of this.... Carlie I hope I'm not pissing you off cause your right but this is an admittedly fraudulent claim so I am closing this thread.... Kent go peddle your crap elsewhere... we have enough really service disabled veterans who need help without spending 20+ posts on an admitted liar.

The point here is that we... the internet and local advocates can only handle so many claims. The state reps can only handle so many, so the rest get pushed to VSO's. Now that's not necessarily a bad thing, it's just a fact. I have gotten to the point that I am preparing a building for my advocacy... it's gotten way out of hand with just the documentation. There are, I am sure competent and caring VSO's... I just havent personally met any. My experience is that they are there for a check, and that's about it with the state reps running a close second. Often I have found.. well always actually, that the VSO's I have delt with have less knowlege of the claims process than I do. If I was forced to say which organization I would choose to represent me it would be DAV, or Paralyzed Vets of America... AmVets would be last on the list. The DAV at least trains their people and does refresher training... most of the others dont. I had a very bad experience with our local DAV, concerning another vets claim, so maybe I am jaded... or maybe comments like " You do not know how many vets sit at the bar and LEARN from other vets they can get this and that." set me off. My question here is, if the veteran is eligable for the benefit, what does it matter HOW they learned they could file for it? Isn't this... the internet and veteran help web sites similar in almost every way... and again what does it matter if the vet is actually entitled for the claim... and isnt THAT up to the VA to decide, not some service officer? Also, yes 100% is 100% but there are MANY other benefits: clothing allowance Adaptive vehicle Adaptive housing Chapter 35 SMC... which can actually exceeed compensation rates.. and material benefits wheelchairs - motorized or non orthopedic asppliances HISA grants Medicines So, sure a 100% is 100% but what if it's TDIU... in my state TDIU vets still have to pay property tax when 100% schedular do not. So there are a great many more aspects then you are stating bobbyq. Further you state... "I do not care if you are a week from death, and SC you are not getting more than 100%" well my immediate responce is what about DIC... was the vet 100% schedular? Will the spouse be eligable?... Honestly bobbyq.... To me you sound burnt out dude. I understand that we all have a limited number of time, and case loads.. trust me I really do. I also understand frustration with veterans who cannot seem to do even the simplist things themselves. Personally I require the one I think able to get their own records etc. I'll provide the forms but they have to fill them out and mail them, or request them online. I'll even pay postage, but they have to share some of the load. I know VSO's get dumped on, and I have met on the internet several who were very very good, but they sure dont live near me. I just wish that the VA would spend the funds for real claims representatives, and really help the veterans prepare their claims instead of the confused, overburdened mess we have now. So again I will say, some representation is better than none, and the DAV and the other veteran organizations do GREAT things on the national level - mostly... the whole DAV being against lawyers kinda sits poorly with me, but.... on the local level I guess the DAV is serving a needed function, however well or not they do so. I just think they shouldn't HAVE to serve that function, and normally do so with preconcieved notions and attitudes.

There is a bill in conress, or an amendment to a bill I cant remember that is attempting to tie the VA cola to Social Security cola and make them the same. Might want to check it out.

I would reccomend everyone read and study this new bill. It's going to be law, and thats just a fact so you might want to familiarize yourself with it. There are some sweeping changes for new veterans, and for veterans who were in service as far back as 2001. It addresses the issue of the military's obviously completely biased Medical Review Board process, and all the 20% severances that should have been retirements. It demands that a review board research EACH severance and issue a correction to records... with I would assume a retirement. How that will weigh out I am not sure. Further it clearly states that the military MUST follow VA rating guidelines... no more "back sprain" severances.... Plus lots of other stuff... read both the house and senate version... again this passed unanimously, so Bush cant stop it even with a veto... it will still be passed. All he can do is put on a smile and take it... Just like he did with TriCare recently. Anyway the house version and a link to the senate one can be found here... this is important stuff so I'd suggest reading it. http://www.govtrack.us/congress/bill.xpd?bill=h110-1538

I didnt know that John. I dont suffer from PTSD and it's not my specialty area, though I have worked with it a lot of course. I still do not understand the rate tables though... Currently a single vet draws $2471 at 100% and $1135 at 70%. Now in a logical world the veteran would increase 10% of $2471 for every 10% increase in disability rating so a 70% rated veteran should get $1729.7... Thats a difference of $594. I cannot understand why they do it any other way except to save money. The pay jump from 70% to 100% is MORE than the jump from 0% to 70%! Again, I was told that workman's comp pays similarly, but I have not verified that, and if they do, I dont understand that either.... It just makes no sense, like a wookie on ewok (sorry South Park reference)

Allan, No need to reply but I have known you from other boards and I have ALWAYS found you to be the voice of reason. You consistently ignore all the crap, and post important information that veterans should know. Even on another board where flame wars are the norm, with "socks", and our "lettle" friend, you just plow right on posting you comments and links (though the due to copyright thing used to annoy the heck outa me). Simply put, you have been a benefit to any community that I have been a part of. Also, just because you know someone, doesnt mean you agree with what they are doing. People change, I know I am ... calmer I guess than in the past. Maybe the meds are working... I dont know. While I view this as a positive change, people also change for the worse, and while you knew someone from long ago, and say hello... that doesn't associate you with their current behavior. Berta is an incredile resource to Hadit and an extreamly dedicated veterans advocate. I have spolen with her at length about her ability to fight the big battles that I simply do not have. I personally believe that assets like her and Vike need to be protected from harassment... otherwise we will lose them. Plain and simple. While your stance is admirable, you cannot be faulted for knowing someone, nor for their actions. I have been off the board for months - sick, so I missed most of it, but I know a few facts, and one of them is that you are a consistently modest, tactful, and knowlegeable guy who is really trying to help. In short, while I admire your actions... I dont think for a minute that anyone thought you were supporting his activities. Please do not cease in posting your information... it is of very significant importance.

I would like to add that while a person can create a new identity... they (normally) cannot fake their IP. All moderators can see the IP address of each person who posts, no matter the screen-name. Now I'm kinda good with computers and I will say that there are ways to fudge an IP, but the normal person doesn't know them... and wont be able to do them. So, if you were a problem child, and if you decide to come back, we will still know who you are. If it's been a while, you will probably be given a second chance without even being told we know who you are, but it's a probationary one at best. So if you were banned, and try to come back... be very careful and polite. We seem to have the same people causing the same problems.... but I think we all are getting a bit tired of it. It's simple.... disagree all you want but be polite. Use something called tact (I have been told it does actually exist). Further be VERY sensative to the nature of some of our members. Sometimes people post messages that can be called "alarmist" in nature. Some of our members literally have very traumatic spells from these. It is the nature of their illness, and is made worse by these posts. Please, if you are posting something that is not fact, but is simply a discussion state so IN BOLD LETTERS. I have seen members who seem to enjoy posting this type of message, and stirring up a hornets nest. People if it's speculation STATE SO... otherwise all you will do is panic some very fragile veterans, and most likely get some negative reaction from us. Period.

Yeah I have also pointed out the LARGE gap between 70% and 100%... I dont understand why they do it that way other than to save the money. I dont know. It was pointed out to me that workmans comp is done the same way, but I dont know if that is true or not. Anyway, I dont like to speculate here... people get panicked easily so lets keep that in mind when we are discussing money issues and make sure everyone knows that this is SPECULATION - there is nothing certain at this point. Personally I think benefits are going to increase - evidenced by the new TriCare legislation and the others to follow. Also I saw it stated that SMC "housebound" required 100% schedular... this is correct, but is NOT necessarily true for all of the other SMC ratings. For further guidance on this look up CFR 38 section 3.350 Again, please nobody get panicked over this... its not an issue right now, just people speculating on what may or may not happen in the future... further, I don't understand the logic in TDIU being more protected then a schedular rating... I'm rated over 200% schedular now, permanent and total and I just dont see how this might be less defensible than a TDIU rating. I think someone was confused.

(sigh).. OK we've gotten off the beaten path here. Vike answered the question, and I tend to agree with his assessment. Basically to qualify for Voc Rehab you have to be able to demonstrate that the course or degree you are pursuing would allow you a greater possibility of getting back into the labor force ... period. Social Security does it as well, with their Voc Rehab program, and Ticket to Work... Also while the veteran may NOT qualify for Voc Rehab, they may qualify for ILS... Idependent Living Services, and one of the things they CAN (not will CAN) offer is online courses to help the veteran stay mentally alert etc. Again I tend to agree with Vike, if the vet has been disabled for 20 years, the voc rehab person is going to be hard pressed to justify enrolling them into the program.

Special Monthly Compensation - also referred to as Aid and Attendance is covered under section 3.350 of CFR 38,. thru 3.363. Generally there is no compensation for a spouse having to drive a veteran, however it can fall under another category of A&A as a sign that the veteran needs more assistance than is being provided. Things like requiring assistance to bath, dress, ambulate etc are also part of it. Further requiring assistance in putting on an adaptive device, being unable to stand without assistance (this can be your OWN hands - pushing downward on your kness etc)... again this is all covered. I would read the sections and see if they pertain to you, and if so file for an increase.

OK, I'm a bit confused they did a follow-up C&P for the main injury for which you received 100%? If so, and it had been scheduled than how could you be P&T? I'm not disagreeing but it just seems odd. Is this happening alot. Is the VA relooking even P&T vets? I dont want anyone to panic... I have heard nothing of the sort but this makes me curious. Anyway just curious... again dont anyone get freaked out, I just want to clarify this and see what is going on.

T-Bird has a link on the home page under VA claims that leads to state benefits. Many states offer partial or full scholarships to 100% disabled veterans, and the qualifiers for this vary from state to state.... for instance some require combat injury and some dont... etc. Some require residency BEFORE becoming disabled some just require 1 year prior to the person starting college ... again it varies a great deal from state to state so check each one you may want to use. Further dont forget that even if the tuition, maintenance fee etc is free there will be other costs. Chapter 35 helps a great deal in offsetting these and can be used in conjunction with anything else... also many local veteran organizations provide small incentives or grants for disabled vets kids... our VFW gives out meal tickets good for the whole semester etc. There are a GREAT many grants, etc out there you just have to look a bit.

Personally I kinda LIKE to argue a point, but... I have found through very hard experience that if you are angered by what someone posts, its best to take a breather before you reply... Often people disagree with my views, and I with theirs, all I asdk is that they show me where I am wrong based on CFR 38, M21-1 and VACA law. I am wrong ALL the time. You cannot help but be since these regulations cover thousands of typed pages. The elders here all know the common answers, and they have VERY good advise on how to attack certain claims, each with their own specialty.... but no one knows it all. Further while I personally understand the ... well rage I guess that some feel toward the VA system, we all have to understand that it is what is at fault. Not the people, not the doctors, the system. Almost ALL of us agree that the system is at best ponderous and slow. Often the raters are under-trained, or inexperienced... again this serves only to worsen the problem. Yet, I have seen amazingly wonderful people within the VA system. I count many of the as my friends. In the end we are all here to help someone through this mess. Let me attach an email I received yesterday... THIS IS BIG !!!!! I AM FOR THE FIRST TIME SINCE I HAVE BEEN BACK FROM THE WAR GOING TO BE ABLE TO BEGIN TO FEEL LIKE A NORMAL PERSON SOMEWHAT.TO BE ABLE TO PAY MY BILLS ON TIME, PAY DOWN DEBTS,...BREATHE EASIER!!!!!!! i HAVE NOT DATED ANYONE SINCE iVE BEEN BACK,.... FOR A NUMBER OF REASONS ,.... BUT ONE BIG ONE WAQS THAT ,.... i HAD NOTHING TO OFFER THEM. i MEAN,... i COULDNT EVEN TAKE THEM TO A MEAL,.... PAY FOR A DATE. I HAVE BEEN SO DAMN LONELY. NOW ,.... I CAN TAKE SOMEONE OUT AND BE ABLE TO PAY FOR IT.I KNOW THIS ALL SOUNDS TRIVIAL,.... BUT IT IS MISERABLE BEING LONELY,..... WHEN YOU HAVE LITTLE TO OFFER SOMEONE. I DONT MEAN THAT I FELT THAT I HAD TO HAVE ALOT OF MONEY TO BE WORTHY OF SOMEONE. BUT,.... A MAN DOES NEED TO BE ABLE TO SHOW SOME STABILITY,ECT, ECT. ANYWAY BOB,.... YES OF COURSE I WILL MAKE A DONATION TO SAVE THE CHILDREN. I AM SO VERY HAPPY AND GRATEFUL TO YOU . AND IT SADDENS ME TO HEAR OF YOUR ILLNESS.BOB,.... IF YOU THINK OF SOMETHING NEEDING DONE THAT YOU THINK I CAN DO OR HELP YOU DO,.... PLEASE!!!!!! LET ME KNOW. BOB,....I JUST WANT YOU TO KNOW HOW VERY PROUD OF YOU I AM, FOR ALL OF US THAT YOU HAVE TOOK UNDER YOUR WINGS AND HELPED US TO FLY ONCE AGAIN. AND SOON,.... VERY SOON,.....I WILL BE ABLE TO SOAR This was from a vet who I had been working with since prior to his discharge. He just received his 100% rating, and obviously is happy. He asked me what he could do to repay me and I said if he must make a small donation to save the children. IN the end I am not here to debate, argue or anything else even though I like to sometimes... I am here for guys and girls like John, and his family. A Captain in the Army discharged with a 20% severance.... after injury in Iraq. That's what Hadit is about. And ANYONE who thinks they might come in and hinder that through silly childish bull needs to think again. This is too important, to both the veteran and us... because with cases like John's I reaffirm the whole reason I started veteran advocacy. So, it's just too important. If some idiot wants to come in and harass someone like Berta (who by the way is one of the smartest most knowlegeable people I have ever met on case law)... well it's just a click of a button for them to go away. I have watched people attack others saying they were pro-VA, etc. That's bull. There is just no point in getting all fired up at them. Instead, with each claim I help win, I prove MY point. We have had retired raters... who give is incredible insight into what the VA may decide on a certain matter, but since what they said was not what someone wanted to hear they were attacked. An incredible resource who was attacked simply for saying what their years of experience tell them... So, be polite.... disagree all you want but be POLITE about it. If you just cant stand what someone is saying, hit ignore. The only exception is if someone is giving BAD or wrong advise... bring that to the moderators attention. Also bring to our attention anything that you may feel is a personal or unwarrented attack. It will be acted upon.

bobbyq... while I agree with some of what you are saying, I think too many of us have seen the other side of the VSO process. I handled my own claim, not a VSO and yes I know probably just as much or more than you about filing claims, stressors etc. I would bet that a great many people here know a great deal about claims... and how to process them. I also have has my share of veterans who go in and spill their life story to the doc and end up with PTSD but no service connection. It's really frustrating, and I too understand that. I have had vets who came to me with no claim, but "the government should pay me for"..... and no documentation whatsoever. Sure thats part of it, but.... I have also seen VSO's who didn't have your knowlege, who didn't actively pursue "hard" claims, but instead pushed easy ratings. I have seen "lifetime" VSO's who seem to be put into placed based solely on their popularity, and they are there holding down a chair and nothing more. I am... jaded I guess is the term. I think the national organizations do good things at the congressional level, but when it hits the road, by and large my experience has been... less than ideal. I salute you for your efforts, but I can say YOU were not the first VSO I met... nor even what I would call the average. Maybe its burnout - I seem to experience that - or maybe the VSO is incompetent. Personally if a veteran CANNOT file a claim, then SOME help with a claim is better than none and VSO's do help file claims.... I just wish that there were more VSOs' that I had met who seem competent and concerned with veteran claims. However, before Hadit, before the internet and before veterans could band together and share knowlege, there were only VSOs'. So yes they did and do serve a purpose. As to how well they serve it... thats an opinion.

Further you state "orthotics made for both feet"... what type of orthotic... is it an AFO? Because that opens up the whole "loss of use" issue.