sixthscents

OK, going here: http://www4.va.gov/ncps/alerts.html will give you some of the alerts issued. However they state that they do not list ALL of them.... I wonder why...

Yeah I'd go the IMO route, but I would mention this matter as well. In this case testvet is correct and often one judge will look at something completely different from another. It's a known issue, but that doesn't help you. Get a really solid IMO. Then slam them. John is exactly right you dont want to wait 2 years on a "maybe", when the IMO would reasonably raise your chances. I personally think it would. I certainly would spend the money if it was my claim, and thats what I base my opinions on, and this is that, an opinion. However its one based upon many years of experience, and agrees with John who is also a very good and experienced advocate (IMHO - stolen from carlie). Bob Smith

Broncovet, I... well I am speechless at your posts here. First and foremost, since when does a CUE have ANYTHING to do with "benefit of the doubt"... A CUE, by its very definition is CLEAR and UNMISTAKEABLE, there can be no doubt or there is no CUE. A CUE is a very special and very narrowly defined instance. Now I'm no cheerleader for the VA, but stating that since they don't allow the application of "benefit of the doubt" to lie in favor of a veteran in a CUE case is... well absurd. Again just to make sure we all understand... a CUE claim is a CLEAR AND UNMISTAKEABLE ERROR... this means that any person looking at the facts inherent to the claim would judge that an error had been made. It must be a glaring error, obvious to anyone who looks at the case and is knowlegeable of VA law. There can be no "doubt" about a CUE... or it is NOT a CUE... I have filed and won a CUE claim, and seen many sink beneath the waves because they followed the same sort of logic here. Not every error made by the VA is a CUE error.. thats just a fact. In those the benefit of the doubt may come into play, but not in a CUE claim. Again... Clear and Unmistakeable... the title gives it away I think. Bob Smith

Sure, any time you do the VA's job by providing evidence etc. you are helping your claim. I never filed a claim without evidence backing up my statements, and references to regulatory guidance upon the matter. The logs or daily reports are a great point. The problem is with vets getting them after they have been out for a few years etc. I have no idea how they are stored and maintained. Could you help with some idea as to this tagandbag? Is it easy for in-service guys to get them, can vets just ask the units for them etc. Any info is appreciated. This is a great point for newer vets which I never considered. edit... upon consideration perhaps I was a bit harsh about the whole doing the VA's job... as a vet it just really behooves one to get the facts to the decison source themselves if possible and not rely upon the VA to do so.

Oh, TDIU does not count for it though has to be 100% schedular. Sorry, I was TDIU first and got turned away.

The tax relief is not just for combat related 100%, it is for all 100% SC diasabled veterans. I am 100% but not combat related, and the state approved my relief for my residence.

I filed for and recieved entitlement to the full housing grant, as well as the vehicle. They just raised the housing grant to... I think 120K... maybe it was 160K have to check and you can use it in chunks if you dont use it all at once. I was renovating a home and was planning on using it for that, but with the increase I have decided to pay for that renovation out of pocket and use it to build new construction next year some time. There are a bunch.. a bunch of guidelines on how the building has to be adapted. Theres a phamplet for that as well, just do a search on the va website. It specially adapted housing etc. Any specific questions feel free to ask. Bob Smith

Umm.. I agree that vets should file simply because the "other 50% or 100%" rating rule for SMC, if they receive SMC. Otherwise at some point it is... pointless. Of course I believe in filing for increases for worsening condition etc. But at some point it is again just pointless. I could file claims all day and still not affect anything with my overall benefits. I understand securing 100% or TDIU P&T, but once that has happened, unless it is to entitle a veteran to some benefit they haven't been awarded I just cant see it.

OK, but forgive if I am wrong but doesn't every veteran still have to get a DIAGNOSIS of PTSD from a physician? Doesn't the VA schedule C&P exams to verify these claims? The relaxed rules will help veteran with claims that have a diagnosis of PTSD. I cannot see how they would help a veteran without one. So critics of relaxed rules may not like it, but the fact is I think that this "relaxing" is just something that will help expedite legitimate claims. It is also a fact that many "non-combat" MOS's AFSC's etc. are engaged in combat, or at least exposed to it. For instance, IEDs and truckdrivers, or mortar attacks upon our camps. Also, while I understand that a CIB was a "good thing" for a stressor, didn't the Army introduce a "non-combat" MOS related CIB? I remember reading about it a while back... basically a CIB for non-combat MOS troops who were engaged in combat. It seems that to recognize this and introduce a badge etc. the Army is recognizing that there are many non-combat troops who are becoming exposed to direct or indirect combat. Further I have seen PTSD for issues that were not related to combat at all. I helped a vet file a PTSD claim in which he was attacked on-post by civilians. His SMC actually stated he was suffering from PTSD from the event (I was floored let me tell ya). The VA didn't even argue the claim, and awarded 40% I think. In any case, the VA is going to have to start recognizing some of these non-combat MOS PTSD claims. They may not like it, but their eventually - yeah I know eventually gonna have to do it. If there is a diagnosis, and it is linked to service the VA has a duty to honor that. Period. They aint gonna like it, but too bad. I think.. think in this I am agreeing with carlie and John.

Chuck Id really appreciate if you could fine it (the reference). I'd like to read it. Thank you for your effort here. Bob Smith

broncovet I cant help but feel that you are just saying "lie" in another way here... sure you cognizantly justify you actions you reccomend, yet the actions themselves should need no justification if they were correct. again... to me it just sounds like justifying saying something that is either not true, or cannot be proven true.. and to me thats really the definition of "lie" so... in a word (or a few) I disagree with you, and feel you are advocating that a person lie however my feeling on this is just that.. MINE, so I am not taking any action (I feel that is "fair"),but I would like you to not try and advocate this line of thought again please.

Berta makes some VERY important points in her post... personally if I was trying to file a claim under AO, her stuff would be required reading. I love the fact that Hadit has some of the most expert and knowlegable people about so many differing types of claims, and at this point it is unreal how much experience the volunteer posters and advocates on Hadit have. If the DAV hired US to do claims... well there are several good claim officers out there, but boy are there a bunch of bad ones too. I am so proud of what Hadit has become over the years. Proud of the volunteers, proud of the vets, and especially proud of Tbird. Proud to be part of it. But, it just blows me away how much people here KNOW. Also rentalguy, if your are cruising around anon, please come back dude. Hey I left once too, and have been reprimanded by carlie (let me tell you she carries a BIG stick, and beats ya over the head HARD if you do things that are not very bright... which I have)and even Tbird has dressed me down upon occasion. The truth is dude... are you going to let anger over one issue, or ever several drive you away from a place where you can and have helped so many vets? Is thats whats best for the vets? I dont knopw the whole story of what went on, but honestly man it doesn't matter. I think you put out a lot of great info, helped a lot of vets, and feel and felt driven to help others going thru the same experience as you. I think that as a vet yourself, you feel a sense of duty to these strangers in our midst simply because they to are your family in a way. I know I do. And the bald truth is if you cannot help as many vets anywhere else as you can here... the other boards (excepting perhaps VBN) simply do not get the traffic Hadit does. So, I am asking you - personally and publicly. Please come back. Someone here NEEDS your help, and they also served and believe in silly things like honor, dignity, and duty. And without you, someone will slip thru the cracks... they will anyway there are just not enough of us, and often our own problems interfere (especially with me huh), but without you more will - and its is a shame and brings dishonor upon our nation that they are trapped in this situation against the VA. People, veterans and their families are counting on your help dude. And being angry over a decision made by a mod to the extent that you leave... well I been there and done that but I cant say I was right. Again... please come back man veterans are counting on you. Bob Smith

has anyone done an allergy stick test on you, and if so why the heck not... but yeah you can claim it, it would attempt to make sure your service records indicate the following (I know its hard getting docs to SAY anything on paper but Id try).. 1. location, size and description of the rash (i.e oozing sores, scabs, especially around the face and exposed body areas) 2. general number of outbreaks per year and any limitation or reduction of motion due to sores, scabs etc. 3. affect upon work, does the rash cause you to miss work or be on profile (a statement from your supervisor and a couple of people you work with as to the extent, severity and limitations the illness imposes) 4. Id prepare a statement to the affect of how the rash might limit you daily activities due to embarassment etc. NOT trying to be cruel here, but its an important point. You might get your wife, significant other to write a letter in support. These of course along with the supervisor statements I would include into the med record if possible, if not them keep them and include them with claim. 5. Any scaring caused by the scabs and outbreaks. Again I know how hard it is to get this stuff in but you have a bit of time and I would certainly go in to sick call every single time there was an outbreak. Also maybe you could get a letter from someone who might have seen you handle the ordinance in Kuwait. It is VERY important to show a continuance of care for the injury. You probably have other things you could claim as well... most vets do they just dont know it. Bob Smith

good point, or ignore them...

I got a call from my rater about my claim prior to his issuing his decision. He stated what he felt I deserved, etc. and asked to me to pull two other appeals in process since they would be redundent after his decision. Kinda seemed like he said "we will give you what you want just go away.. please please", without saying it ya know. Anyway I did pull the appeals, and he then issued his decison exactly as he said it would be. (God Bless Him.. I GOT R-1!!!... hehe a $3200 raise in my pay a month was kinda nice along with all the backpay, and it only took 2 years) anyway, thats the only call I have ever had from a rater in 7 years of filing claims for myself and others. Bob Smith

while I agree with carlie.. benefit of doubt went out and "trust but verify" went in.... though how you could trust someone and feel the need to fact check them is beyond me... its seems to be a contradiction.. but the so much of what the VA does is. Bob

Umm. a tens unit while using similar principal is not the smae thing. Sorry but the stimulator is a thousand times better, and I have used both extensively. The leads for the stimulator actually come into contact with the spinal cord. It makes for a huge difference. Further I had the surgery mentioned below, and it did not correct anything. The nerve was already damaged. Nerves conduct their signal along the outside mylan sheath, and mine was severed. Nerves do regenerate but the process is amazingly slow... I'll be dead long before mine could heal. Again..Im going to PM you with my phone number. Please feel free to call, no matter the time, and collect is fine. I will help you with understand how the control works, and we can work together on getting you some relief here ok? I am more than willing, cause I hate to see what could be a real benefit be passed over. My stimulator works incredibly well during low or even mid pain cycles. When the pain really ramps up it is useless to me, but it certainly gives me more bad than good days. I just had a new one installed a few months back, and since they are now rechargeable, and supposed to last between 10 and 20 years I am a big advocate of them. My old one was great until the battery died. Bob Smith

I am afraid that you lack of current medical evidence of the issue may impede your claim. I would certainly go to a doctor and get a current diagnosis at the very least. Even if I had to pay out of pocket. I think, from what you stated the VA will simply kill any claim this old without current proof of treatment and ongoing illness. You also can get statements from your spouse or family members to support the fact that you have simply been self-medicating the problem since there seemed to be no recourse. Further statements from employers for missed days or absence do to this issue might be helpful. Bob Smith

For the TDIU claim, and commonly with normal C&P's the doctor follows the given guidance, but also addresses specific questions the rater has. They very specifically tell a doctor sometime to look at a particular thing during the C&P that may not be under the general guideline for that illness or injury. They further sometimes ask the same doctor to look at two or more issues that may be totally unrelated, at the same time requesting the general C&P exam as well. For instance early on in my claim I was sent to a Neuro C&P and the Neuro doctor was actually asked to also look at a cyst I was claiming for. Needless to say he was a bit upset since he was the head of Neurology at Vanderbilt University - and this looking at a bump on my rear was not an effective use of his skills he believed. It helped me though cause he was so pissed at the rater he wrote an absolute statement... where he stated that I would never be able to return to gainful employment. Period no maybes. So sometimes these things the raters dream up can be to your benefit. You can ask during the C&P what the rater is asking for exactly. In fact I would try to call the office assigned the C&P and ask them before the appointment and see if they will tell you. Explain that you wish to ensure that you have all the necessary documentation the doctor might need from your private medical information etc. Maybe they would give you the info, I really dont see why not. The VAMC's are mostly really helpful (again in MY experience - others would certainly disagree), its the VARO's that are the problem. Bob Smith

good tool, thank you. Bob

uh pretty much what bronco said. They have, in my opinion, often colluded to DELAY and stall a claim. Personally in my own case they comitted such an obvious error that even they agreed that it was a CUE. Yet it served the purpose in delaying the claim by at least six months, while I argued it. The simple fact is the VA has nothing to lose if they delay and everything to gain. Often, more so than not actually the veteran becomes disgusted and just quits. Further death, and other factors can simply erase the claim since family members seldom if ever (in my experience again) follow up on their family members claims. If the vet sticks with it and finally does get what they deserve they get back-paid, but this is just giving them what they should have gotten anyway, so how does the VA NOT benefit from witholding claims, and monies. The system is designed not to facilitate claims, but rather to confuse, irritage, anger and drive veterans away from even filing, much less following up on their claims. Most veterans simply accept whatever decision is made, if they even filed a claim in the first place which a great majority who could, simply dont because they think it would get them nowhere and dont know how. The VSO (Veteran Service Organization) representatives are normally (I have met some good ones too, but they seem to be the exception rather than the rule) undertrained, understaffed, and unwilling to file complex claims. Again from personal experience, when I first filed my claim I had AmVets signed on a reps, but got so little out of them that I eventually ignored everything they said and filed my own NOD etc. The AmVets rep had the sheer gall to tell me in writing that his professional opinion (what a joke that) was that the initial 40% rating was fair and I shouldn't ask for anything else. He even sent a copy of this letter to the VA - and had it placed into my claims folder. Currently I am 100% permanent and total and recieve Special Monthly Compensation at the R-1 rate. About a $6000 difference in what they started out giving me. So, be prepared to fight. Know in you heart that this is going to take literally years to completely resolve and may actually drag on for the rest of your life as you submit increases for worsening conditions etc. Know that you can beat them. That by even fighting you are abnormal, and are a 5%er. Fight, never give up, never surrender, and dont give them the satisfaction of seeing you suffer. Pound them on EVERY issue, and LEARN and READ. Every day read part of CFR 38, or M21-1MR or bills currently in congress at Thomas.gov... Our biggest streangth as veterans is that we are, for the most part literate, able to deal with regulations and read and understand them, and know how to do paperwork. Knowlege is my weapon, and I have used it again and agin to beat the VA to their knees. Some of that same knowlege came from discussion here - and certainly some great guidance and help with what to expect. Oh and spell check, I use that a lot... obviously hehe. Good luck. Bob Smith

Hawk, Personally I would argue for a permanent rating, however it may be advantageous of you to wait and develop a continuing care pattern with your psych. doctor. In any case you really really should continue care with the doctor no matter what. It really does help, and often we (the person with the problem) cannot even see that there is a problem. I have been going to my VA shrink since I have been in the VA system, and I gotta be honest it has helped. If nothing else it has made me aware of some of the behavior that I exhibit that causes some problem with relating with other people, etc. I jump at the slightest noise to this day. If someone touches me when I am asleep I intantly strike out... to this very day. I still have nightmares, and I doubt they will ever go away, but... the couseling and treatment have helped. The thing is, I dont know WHY I am showing these symptoms since I really dont have PTSD... just major depression etc. At least they havent diagnosed it, but truthfully with my rating maxed it would make no difference except mabey helping with treatment. All I know is I am a lot calmer... a LOT, than before I started the couseling and meds, etc. I do reccomend that you see a shrink at a local clinic, instead of a VAMC because it seems to me that you get a huge increase in care, and actual concern when you are dealing with the same person and they you over long periods of time. Anyway man... best of luck.

I've had a stimulator for 6 years now.... just turn the amplitude down until you can just barely feel the tingling, or until you just barely cannot... I think you will find that experimenting with the amplitude, pulse width and frequency will help its a trial and error thing... each person is different, and even when you sit vs. lying down makes a difference feel free to call me if necessay...PM me for phone number ill walk you thru the controls etc. Bob

OK my 2 cents... radiculapathy is commonly referred to as a shooting, stabbing or traveling pain that crosses from the base of the spine alone the associated limb. so, if you are experiencing shooting pain, say down the right leg, then this could certainly be because a disc compression, or injury in the lumbar region which is placing pressure upon the related nerves which branch off from the l3-l5/s1 disks. think of the spinal cord as a tree that grows INSIDE the vertebral structure a compression of a disk can place pressure upon the interspinal space, and upon the individual nerves themselves... while radiculapathy is normally associated with pain or a tactile sensation, neuropathy normally is not. neuropathy is normally associated with motor control... lets say for instance that you are missing the ankle jerk reflex... (yep there is one and if it's missing this is considered significant evidence of nerve entrapment or injury), weakness, footdrop (the foot suddenly giving way when you push down, or attempt to pick up your toes etc) neuropathy can also be caused by disk injury or compression.. a person can have radiculapathy, but not neuropathy or both or vise versa... these SAME symptoms can also be associated with illness which degrade the nervous system such as diabetes... a very very common side-affect of diabetes is peripheral neuropathy... also a bunch of others now the upper vertebra, c4-c7 are normally associated with the hands and arms... the lower vertebra are associated with the legs and feet now if you have been rated for diabetes, it is very common to file a claim for peripheral neuropathy secondary to diabetes... so... there ya go.... for further information please consult the web as it is packed with tons of information on this entire subject... anything specific feel free to ask. Bob

simple testing for nerve damage normally is done by an EMG. Essentially they stick needles close to the nerve and record the reading.. also called a nerve conduction study or nerve velocity study. Neuropathy, or nerve damage shows up normally very clearly. The test is only somewhat painful, depending upon how they did around to find the nerve, etc.