sixthscents

I hadn't considered this point, but it's a good one. I bet money they don't though. I bet they will just consider it ordinary danger, like working the deck of a carrier etc. There is too much political fallout otherwise. Also if the act is repeated or another incident occurs where do you draw the line? If this had been an organize plot involving other, well I think the would HAVE to call that a terrorist action. Yet since it was just one man, I think they will call it ordinary danger. Further Clark really tiptoed around some question on the Maddow show the other day concerning PTSD as a whole. The simple fact is, the Army as an institution does the whole "suck it up" mentality, from commanders down. Not just for PTSD, any injury. You are "riding a profile", or just a whiner. You can see it in their eyes when you tell them. While I was and am deeply loyal to my Army, that same loyalty requires that I recognize what is a flaw that is being continually re-inforced from the top down. To the Army and its commanders and senior NCO's... well PTSD is just an excuse. (or rather an out and out lie). I don't think for all their words that they believe a single soldier who states they have it. It leaves a black mark on the soldier. No matter what they say. Until they get a handle on this, its just going to get worse. They also SHOULD have taken into account the soldiers faith and the conflict it was causing. I know we all signed up and knew the risks, But my religion (Im Catholic by the way) doesn't say I can't fight other Catholics (history proves rather the opposite in fact). It's a complicated issue that the command simply seems to be trying to ignore. (I'm talking about the Army here - no politics) I just don't see them ADMITTING that this was a terrorist act, even though it fits the definition in my book. I mean wasnt Oklahoma City a terrorist attack, even if it was an American terrorist? There is too much possible fallout from them labeling this as a terrorist act. I think they will go with the "lone gunman" theory just like they did with the highway shooter they executed yesterday, or today. Yet wasn't that a terroist act? (sigh)... nope they'll just deem it an "incident" and go on like normal, till it happens again. The thing is, as long as they keep denying that the soldiers are getting slammed with the back to back deployments and are suffering from the effects, this will keep happening. Makes me sick, but there it is. Now I have tried to stay away from political statements here... my opinion is concerning the Army and it's policies, not the politics... though they do play a role in formulating those policies and that cannot be denied.

Really good advice 12R3G... um if he filed within one year odf discharge wouldn't the effective date be date of discharge? Just a thought I might be wrong or they may have changed the reg I'd have to check, but otherwise really really sound and coherent advice. I look foreward to reading future posts from you. Bob Smith

Yeah I understand, and you still manage to contribute so much here it's amazing. The reason I mentioned the stimulator is that if it doesn't help, it can be removed. There is not cutting of tendons or irreversable surgery. It just works really well in my feet any without it I have constant charlie horses running down both legs especially in the arch of the foot. The stimulator really really helps stop those (I have had one since 2002 so I think I can speak with some reasonable experience) and muscle atrophy. I have one calf thats oddly deformed, but it has not lost anywhere near what the doctors expected in muscle tone, flexability etc. It's not because of exercise either since I am essentially bedridden most days. Again the big thing being it is reversable if it doesn't work. Plus it can really help with any peripheral neuropathy in the lower limbs, and helps somewhat with pain in the lower back (somewhat differes from patient to patient here). Just a thought man, and know my thoughts are with you whatever you decide. Bob Smith

Dear Wings, We've come a long way haven't we. I can remeber when you were still deep into your claim fighting the system. Yet you won, and have went on to help others in turn. That's what the military is all about, or should be. Sometimes it's not, but the idea is what matters. I think all veterans appear to be realists, but in fact are idealists. Bless them all each and evey one. Let no life be spent recklessly, or without recognition of the cost. Veterans day is for Veterans, Memorial day is for fallen ones. Today I pray for all of you, still fighting years later. I know I still do in my dreams when I wake up in a cold sweat, or scream if someone touches me. My daughter and wife's (shes a teacher) school put on a Veterans day presentation, and I just could not bring myself to go. Too many memeories I would rather just leave alone. Maybe someday. Till then bless you all and thank you for helping make Hadit what it is. Thank you for helping other soldiers, sailors, airmen, and marines and their families. Especially for the families. Bob Smith

I use the 1-800 number, or used to, but there was an amazing amount of people working them who simply had NO clue as to what they were doing. You can tell just by the tone of their voice when you start asking questions. Generally I trust the 1-800 people to tell me where my claim is, of if they recieved a letter I sent etc. Other than that I just don't listen to anything they say. They screw these two things up as well, but if you get one who has been with the VA for a while they can normally find this screen with the right info. Normally. (sigh)

I would suspect that they did not see the C&P exams had already occured. Apparently you file is processing to go to the appeals section for determination. Once that determination is made then it goes to thr review board. The 1-800 number people can usually at least tell you where the claim is i.e. what stage of the process. Workup - Determination, or Review. Sounds like your is still in workup for some reason. The C&P may be for some other issue as well, not related to the appeal directly. Who knows really, the 1-800 people can tell you if you have any C&P's pending normally as well but you have to make sure and tell them this is an appeal, and not a new claim - different screens. Bob

OK thaks J... Bob

John, this may sound odd, and I am not meaning to keep repeating something in other threads but have you considered an internal spinal cord stimulator? I know mine goes down into both feel (the feeling of it), and it has done wonders in keeping atrophy at bay etc. I don't know if its a practicle answer, but its is a much stronger device than a tens unit (though most poeple compare it to one) and works much much better. Also its not a one time deal. You get a testing period, and can have it removed if it doesnt help. Just a thought. Bob Smith

OK so I ogt it right... I'd only seen the reference once since its an area I am unfamiliar with. Didn't they say it could be secondary to PTSD?

Ok so the claim date should be the date of claim, or date entitlement arouse which ever is "later", or whichever is more "advantagoeus to the veteran"? I seem to remember that statement. And by later do you mean later as in whichever is first, the date of onset or the date of claim? Bob

I too have been following this legislation. It was replaced on the calender in position 190. Also there is an article on vawatchdog about this. Apparently a Senator felt that limiting this benefit to post 9/11 vets would be unfair to prior vets. As a post 9/11 vet, who gets 24/7 care (much provided by family members) this is an important legislation for me. Many are unaware that the VA will ONLY provide 5 hours of in home care a day. This is the MAXIMUM amount the will provide no matter what. I am considered bedridden and I get 2 hours of housemaker service (that house cleaner, meals etc) and 3 hours of home health aid (thats a CNA or orderly assisting me to bath etc.). The VA CANNOT provide more than this though they can pay for some (very limited) care in the evening (2 hours) - which my wife does get paid for but it's for bladder and bowel care only. Now I realize the money here. All I am asking is that they be willing to pay what it would cost for me to be in a nursing home, in a skilled bed. Not one penny more. Yet they dont pay even half of that (and I know the rates). I have discussed this issue again and again with my social worker, but the VA is really constrained here and this bill would totally change this not only for me but many other vets in the same position. Since it is my choice not to go into a nursing home, I understand them not paying a penny more than that would cost, but the impact on the families is enourmous, and can financially shatter a veteran who is not as lucky or blessed as me. This is an imprtant piece of legislation that directly affects the care of veterans. Please support it.

Dude... I'd get a doctor you trust to look over the medical records... and then consider legal action if warrented. Heck yes you can file for this. You can file several different ways, but I'd get the medical records and see if - in the opinion of another doc - tyhere was some form of malpractice. You can file for the loss of the organ thru the VA as secondary to the - big long name illness surgey -. Let me see what a spleenectomy (I think thats what its called rates) I'll get back with you. Bob

Umm... well unless something has changed it should be date of claim. I've seen the VA do this again and again though stating there was no diagnosis until the C&P. If you have a previous diagnosis, then I am certain it USED to be actually the date of claim. Has this changed since I've been gone anyone? If is is the date of claim, I'd file a NOD. Help me out here Pete or Jbasser, I don't want to put out info that might be wrong if something has changed and I have been out of the loop for 2 years really, except for a few claims here and there. carlie, Berta anyone? You all know I odnt weant to give wrong advice but I am certain it used to be date of claim for a pre-existing diagnosis. Further, I've seen date of onset used, if that could be proven and was before date of claim. For instance a vet goes into the VAMC emergency room cause his bladder quits working. Eventually a diagnosis of neurogenic bladder emerges, but the rater tried to go with the date of C&P. When in fact the date the vet went to the emergency room was the date of onset and should have been used. I won this argument in a NOD (actually one of my OWN claims), but don't know if this has changed. Also please ref CFR 38 here so I can go reag it a refresh my memory. As well as M21-1MR if possible. If too much I'll look it up myself, but I have to order the new CD. Mines old.

This is important. I know that when I was first hurt, I felt like everyone was thinking I was faking etc. When the MRI, and myleogram showed just how much damaged had occured and then the EMG backed up everything, well I felt a huge sense of relief. I wasn't crazy (well my wife says I still am but your only paranoid if there really isnt anyone watching you). This should be posted in every paper and handed the EVERY vet who could have PTSD. Its real, its there, and heres the PROOF. They should shove this down every Army commanders throat, or at least make them eat the article. I have personally seen so many try to even deny a soldier was suffering. Thank you allan. Bob Smith

Sorry allen but since the post here has "Pres. Obama should" or "would", its political. Not that I dont believe that its an important article just doesn't belong in this thread. Topic closed.

OK, never scared to say I don't know something.. what is OSA?

OSA = Obstructional Sleep Apnea?

HaHa... ok ya made me laugh... thanks. I pay a really stupid amount to get every channel on Dish, all the premium ones etc. and I dont even watch the stupid thing, but my kid can watch Disney and Cartoon network in 4 rooms, and somehow seems to since the are all turned to that (I did learn how to fold a fitted sheet via Martha one day... now thats a handy skill I need). I have a LCD Projector, a 10' screen mounted on the far wall of "my" room, and I watch a lot of movies on that, but seldom TV. I've got it routed thru my computer and can watch it on here, or use the computer on the big screen (which is what I normally do from my bed)... but I just dont seem to enjoy TV anymore. I do use the "watch now" feature of NetFlix a lot. My local cable provider used a tree in my front yard as a post to string their cable to my house. after my neighbor tore it down for the third time with his tractor, going thru his field... I gave up and went satellite. Then made the cable company come and tear it all down.

The one and only call I ever got from a rater was to basically say we agree and are awarding this, and please could you close these other two appeals since they are now redundant. I took the guy at his word, and sent in the request to close the appeals. He kept his and AFTER the appeals were closed sent me a rating decison with exactly what he said. However I was in a unique position that many vets are not. So, I would not reccomend any vet closing out an appeal or claim based upon a request. I do find it odd that they rated one issue, and didn't the rest. Yet they may have deemed the first a new claim and the others appeals. Dont know, but an appeal and a new claim are handled by two different departments and two different sets of raters. Well, they are at least supposed to be.

Sure exclusion of evidence is a CUE. Aain a "procedural" error. But this has nothing to do with any doubt or judgement right? So once the CUE is awarded they will have to reweigh the issue with the new evidence include. If they decide against you then you can still appeal this new decison, just like it was a new claim... instead of an old one that was reopened. Further if your appeal wins the effective date of claim goes back to the original date of the first claim that led to the CUE. Understand? So yes if they left out evidence which could effect the outcome of the decision then thats a procedural error and clearly a CUE. Yes they will have to reweigh, and if they determine against, its just like it was the first denial, so I'd file a NOD and appeal with more evidence etc... you know the deal. You can bump it to BVA etc. Also, the VA might attempt to say that the excluded evidence would have made not difference in the decision, if the do that then they can try to deny the CUE... I'd kick that to the BVA on appeal if they did. However we still are not arguing the claim or compensation, just if there was a CUE and should the claim be reopened and rexamined... I would ask BVA to examine the issue if they decide in favor of the CUE, that way you'd save the time in having the whole issue being remanded back down, etc.

OK Broncovet, you have hammered this topic into other topics again and again citing the same point. We get it, it just dosen't get followed by the VA very much, and when you point it out to them you can expect a series of appeals. Now thats fine vets should appeal decision where the benefit of the doubt was not granted to them... Here's the problem though. I am getting kind of tired of you harping this same point again and again through countless other topics. Sure "benefit of doubt", sure we've all read the pertinent reg, since you seem insistent upon posting it again and again ... Now, stop... if there is no DIRECT connection between the question being asked and this issue quit posting it into these other topics, further you have started 2 topics today with this as the theme. Thats enough. I'll leave these open, but dont open any more any time soon. Give it a rest guy, we all get the point. Bob Smith

Yeah what John said....

I have also heard troubling reports that the in service Active Duty psych's are stating a lot of soldiers have "adjustment disorder", and not PTSD. I've also heard depression, and anxiety disorder, really anything but PTSD if they can get around diagnosing it. I've heard it enough times, from people I trust that I am concerned.

Again the point you seem to be missing is that a CUE claim is NOT an ordinary appeal. As such there is no conflict. If there is any doubt that there might be a CUE, then by definition it will be denied since it is NOT a CUE. A lot of people seem to be under the impression that if the VA makes a mistake, then that is a CUE. This is simply not true. Only if the VA makes a mistake in which there is no doubt they did... is a CUE claim relevant. So the whole idea of "benefit of the doubt" simply does not apply. A CUE claim is not where the rater make a poor decision, nor when the made a biased one, nor when they did not grant reasonable doubt. A CUE claim is where the VA CLEARLY without a doubt makes a mistake, and its normally a procedural one, not a resolution of if something meets a certain standard of acceptance as being either for or against the veteran. For example: a veteran who's rating was based upon evidence which the rater weighed incorrectly, based upon their opinion... (the rater's opinion that is) well thats not a CUE claim. That an appeal issue. A rater who fails to consider a claimed condition for rating, yet mentions it in their final decison... well that is a CUE since they failed to even rate the condition - now this does not mean the vet will get a favorable rating, but that the claim must be reviewed and the missed claimed illness or injury included. The whole idea behind a CUE is that there really can be no doubt, at all, whatsoever, that the rating authority made an error. Normally the fail to consider some evidence, or fail to rate a claimed illness etc. So even if a veteran gets the VA to admit a CUE is valid, then mostly all they can do is get the VA to actually consider the evidence in relation to the original claim, or the claimed illness they missed. I simply dont know how I can make this any clearer.... a CUE is a CLEAR and UNMISTAKEABLE ERROR on the part of the VA. Period. Many people say that the VA made a CUE because they misunderstand that the definition of a CUE is so very very narrow. There can be no reasonable doubt in anyones mind that an error was made... thats a CUE. Simply making a poor judgement, thats still wrong but if the vet files a CUE claim it will be denied, and the rating authority may or may not go ahead and rule on the issue as a normal appeal. They are supposed to, but sometimes they do and sometimes they dont. So a vet can file a CUE claim and waste 2 years. Literally if the error is so obvious - glaringly obvious - that all of us would shake our heads and all of us would agree an error had been made, well thats a CUE. Otherwise a normal appeal should be filed. It also seems you are saying that a CUE is when a veteran files beyond their one year mark, and it's not. Maybe I misunderstood what you wrote, but a CUE claim has nothing to do with filing after the one year mark - except if you can PROVE that a CUE occured in the original claim, you can argue for an appeal based upon the CUE and a benefit date back to the original claim date. If the CUE is upheld the original claim date will be the one applied, not the date of appeal and CUE claim. CUE's have nothing to do with reasonable doubt. If there is any doubt it AINT A CUE. I just don't know how to make this any clearer... and there seems to be a lot of confusion on the subject. Bob Smith

Well while I do use pain meds still, my old implant died (the battery went dead). It was shocking to realize that my med use almost doubled between then and the time they implanted the new one. Since then it is back down to normal levels. I learned a simple rule with pain med, dont take a bit more than you need. Its hard to manage, but if you ever get caught on that spiral, its tremendously hard to break, so its what I do. Oh, BTW Dilaudid... for some reason I metabolize it weirdly and it has almost no effect at all on me. Aspirin works better. Go figure, but I took it back and said give me somethign else. Also, I make a point of occasionally taking any extra pain meds I may have and turning most (I always keep some if the VA screws up and is late) of them in to the local VA clinic for destruction. They were very suprised the first time, but I made sure they annotated in my med records that I brought them in that time and every time since. Hard to say you are a drug seeker when you take them back to them if you dont us them huh? I was told that I was the only one who ever had at the local VA clinic, which did suprise me... they didn't even know how to destroy them. I had to tell them to pour hydrogen peroxide over them in the sink as long as it was city sewers... you never want to flush meds into a septic system. Anyway the implanted stimulator works well for me for mild to moderate pain.