sixthscents

As for Bronco.. well I personally see nothing wrong with his post. He is clearly upset with the VA but who isn't? His point has been advocated before many times here on Hadit. I don't think it would ever happen, but the fact is the veteran is in an adversarial role when filing for benefits with the VA. The VA could accept all claims at face value prior to investigation, much like the IRS... however the problem remains that there are in many cases judgements which must be made, not basic facts and figures. The IRS in most cases deals with absolutes, the VA and veterans deal with somewhats, and more so than nots. It is the way it is.

NAVYDOC2, In an attempt to answer your first question, there is no waiting period prior to filing for anything. There can be serious penalties in delaying filing for a claim however. The fact that you were removed from vocrehab as "unretrainable" is significant and the voc-rehab counselor should have sent you a letter explaining why you were removed from the program. I would include this into your claim. Further, while the other vets are right in that filing for benefits at an early age could be somehow detrimental to a younger vet... I suppose I fit that qualification when I filed originally at uhh... 36.. yep 36. You can receive IU and be in voc-rehab at the same time, since the goal of the voc-rehab is to make you employable, but that is neither here nor there. The fact here is, if you cant work there is nothing to be gained and much to lose in jumping from job to job and trying to file for SSA and T&P during this. Honestly, I gotta agree with John999 (as I usually do since he is almost always correct) if you qualify for it, and need it, file for it. Period. Look to the future, and future needs of your children as well of course. Further, if you are younger nothing can stop you from investing some money into a roth IRA or Ed IRA for your kids, and property is a good investment right now in many cases (no dont laugh, buy low sell high... been doing it for a long time and have yet to lose a cent on property, but I make sure I can hold it during a low period).

I have also noticed tghat the VA lately is playing fast and loose with permanent and total. They have gotten a bit slick with some of their schemes, but it appears here they are trying a stupid approach. I would certainly NOD the back and legs... adressing in particular loss of lower use of limbs due to atrophy. muscle loss, weakening and nerve damage/neuropathy which all seem to be present. I will say that normally to get a stupid loss of use determination you have to have AFO's, which you dont, but based on the info given for your condition I bet you need them. They simply keep you from falling due to foot drop, and I bet you have that bi-laterally and it's probably already diagnosed. Along with loss of deep tendon ankle reflex... tell me if I am right here huh?

let keep politics with politics please and POLICY here... as a discussion of potential policy this is fine, but I can see it sliding toward politics. Lets try and all agree to keep our opinions there to ourselves ok? Discussion of policy is fine, and I understand that this is a muddled area so for example: stating that Pres. Obama signs a bill etc is fine.. stating that Pres. Obama is (add any adjective) is not... what the administration determins as law and policy is clear and relevant to our knowlege base.. your, mine, or anyones OPINION of that administration is not... sigh... I know it is hard NOT to speak out when you feel strongly about something, I really really do.. but to maintain focus and control of content we must adhere to this... NO POLITICS on this panel please and I am not pointing the finger here at anyone... just dont want to see it escalate that is all.

Good job fanatic... I think yours is clear - outlines the necessary regulatory guidance applicable and states what needs to be done. However I would file it as a formal Notice of Disagreement... otherwise they may just keep saying "there is no claim in the system". Once filed as a "fomal notice of disagreement" it will go to appeals and an appeals claim case file will be generated. I ALWAYS use those words in the subjuct header: Subject: Formal Notice of Disagreement of rating decision dated( ) claim# ( ) In reply refer to ( ) the in reply is in the top corner and it tells the claims guy exactly who rated this and which rating you are adressing... so I always include it.. I know it seems a bit stupid, but I havent had a claim "lost" since I started it. Bob Smith

I've never heard of anyone getting it, the VA would probably categorize it as a "neurological defect, other" or some such... however you are underrated for your back prpobably at only 10% with paraspinal spasms - thats evidence for a higher rating, but we'd need to know a bit more about it. Bob Smith

Broncovet you make a VERY good point... so do the rest of you. Just follow this advice and treat the IU like any other injury claim. Show what makes you unemployable, and show how its service connected. The letter from the doc saying "probably" is good, but as stated "certainly" is better if you can get it. Personally I think the VA should approve vets for IU if they qualify for SSD or vice-versa, but that would make too much sense. Bob

I do have somethign to say... First you stated you worked two days and that it slipped under the radar. This presumes that you were still working, and that you knew that working would in some way hinder your benefits. Otherwise why say this? As to your original question, put the last fives years you have worked from your last date of employment... this includes any drilling with the national guard. Now, you will NOT answer a comment in such a fashion again. Period. If you have a problem with what someone says you direct a moderator to the situation, but you do not post some huge font junk. This is not a place for stuff like that. Now I dont see how Purple provoked anything. Purple was statinhg that the military was where you were working (hence the military no doubt), and in your post you state this and only clarify it later. In any case do NOT do this again. If you have a complaint bring in a moderator.

Look this is just my opinion, but personally I owuld not file for an increase in my clothing allowance with the local VARO. The VARO just states that you are qualified to recieve the allowance, I cant see them determinijng what level, thats the orthopedic shops job. The person you deal with in the Ortho shop for you clothing allowance should be the person to submit this too. I contacted mine and she stated that yes they were aware of it, but the central office had not issued any directives yet on how to handle them. She was supposed to take down the name of any vet who contacted her, and see about back payment though. They did direct her to do that. She had not see the ruling so I emailed it to her. We discussed it over the phone and she said that the central office was saying they were going to issue something "soon". We both agreed that I qualify for either 4 or 6 depending on how they rule, but we will just have to see. She did state that any vet who was already streamiled (set to recieve benefit yearly without filing for it) would just get backpaid for any ruling the central office made "IF THEY CONTACTED HER ABOUT IT". Now that sounds just like the VA to me. She wasn't stating fact, just what she had heard, but... it makes VA sense. Anyway best of luck to all on this. I will try to keep everyone informed as I am on a first name basis with the lady handeling this for me. I have known those people for 7 years and taken gift baskets at christmas etc. So we get along well. Bob Smith

Well to qualify for the post 9/11 GI Bill veterans had to serve during or after 9/11/2001 I think... check the VA website for more info. I know I qualify as I went thru the process and filed for it with the VA months and months ago. I don't understand why they are having problems now, but I guess I just got lucky and my claim got processed instead of getting filed. In any case the cut off percentage to qualify for Voc Rehab (I have just learned from another post) is actually 10% with a provable vocational handicap. with 20 and 30% I dont think you have to prove any handicap, its assumed. Lots of people seem to have had problems with theur ed reps, and all I can say is keep trying. There are good and bad ones. Also to qualify for the post 9/11 GI Bill I think a servicemember had to already be enrolled or enroll in the mongomery GI Bill program, which does cost $1200 ($100 a month for 12 months) at least thats what it used to cost, I am not certain but it could have changed in the last few months. Anyway like I said the Chapter 35 program is a hassle to get started, they also were late with my wifes first semester. However once it is started its really simple to keep going as long as they attend the same institution. In the end this is the VA, so I really am not suprised to hear of delays, problems with councilors, and incompetence.... (sigh) I wish I could fix it, but we just have to keep plugging away. You will get what you deserve, never doubt it, but you have to keep at it. Good Luck and blessings. Bob Smith

Obviously they have changed the minimum qualification. I stated in anotgher post that it was 20%... obviously in error. I apologize, but as I stated at the time, I have been out of the loop for a bit and some things have changed. In any case... I guess it is a bit "luck of the draw" when you get your councilor. Mine was great so just keep trying. Also please remember that the Voc Rehab people are not VA claims reps, and if someone wants to file for TDIU they should talk a claims rep and not an education person. Sometime it is hard to match what we want to do with what we can do. I also would suggest perhaps the ILS program. It is really great and I have first hand experience with it. It is focused on helping the vet live a more normal life and connect with their community etc. They provide the necessary things for this. Computers, recliners, beds etc. I would suggest you call your local VAMC patient advocate in reference to the medical issues. They can handle this type of problem and do all the time. Just call your local VAMC and ask for the patient advocate and explain to him or her what the problem is. Also you might want to submit his civilian medical records to the VA for inclusion into his file. Bob Smith

Well it will help, certainly but the VA does not automatically agree with social security. The VA has differing standards for total disability and these are covered in CFR 38. I suggest you submit the physicians statements that you sent to social security for this determination. Further I suggest that you look up you injuries or illnesses in CFR 38 chapter 4 and see what they say about the rating you would recieve. Bob Smith

Yeah you need to file for the Radiculapathy/Neuropathy as a seperate issue. Actually if they mentioned the words radiculapathy/neuropathy in your rating then this would a seperate issue they should have added, but for some reason they seem to not most of the time. Radiculapathy = shooting pain often said to be in an "S1 distribution" which basically means down the back of your leg and bottom of your foot etc. Neuropathy is generally tingeling, loss of feeling, loss of ability to move weakness etc. Now they may have increased your rating based upon the radiculapathy but if they did they would say so, so they probably didn't. Further... well look up what IVDS is on the info under back injuries at the top of the group. It probably doesnt apply, but it may. Also you dont need a diagnosis of radiculapathy, you already have it on the MRI... However, it could not hurt getting an ortho or PCP doc at the VA to say this, if one hasnt already which they probably have since someone sent you for the MRI right?

Skunk, Try purchasing your ensure at the local hospital or nursing home instead of rite aid, or where-ever. It was way way cheaper for us when we were buying it for my father-in-law. Also, you may ask for a CBC blood test. Make sure when you next see your doc you dont eat or drink past midnight so they can get a fasting test and check your white count. A high white blood cell count can cause exactly what you are talking about, it can also be accompanied with a low red count, or maybe other variables. I feel for ya man. You too Rock. I have delt with this issue for 7 years, and have been on the brink with it a few times. If that happens, call and talk to someone... it helps. I also chose to discontinue driving.. well it's a dead issue now, but when I still could with hand controls, I wouldnt due to the pain meds. I just didnt want to kill someones kid, ya know. I appreciate your decision with this Rock, since my daughter is on the roads too. However, there comes a point sometimes when you just have to give stuff up. Sometimes it seems like thats all I have done.... anyway God Bless man. Bob Smith

Look man I went thru the same thing with a neurologist I saw. She was.. well.. my wife wanted to take her out back of the woodshed after like 5 minutes. I IMMEDIATLY called the patient advocate after the appointment. Literally in the car, outside the VAMC and stated that I would never see that person again. Period.dot Now I have never done this before or since but my PCP scheduled a neuro follow up and her name showed on the list. I called the advocate back again, and it was fixed in about 15 minutes and hasnt happened again. I am very willing to work with the VA, but I will not put up with a physician who A. is rude, b. has not even reviewed my case, and c. has the bedside manner of a polecat and has the freakin gall to insinuate that I am being less than honest. Grrr it still makes me mad.

Oh, and I was taking an online course. I already have a degree, but cannot pursue it due to my physical constraints (EE). I have a lot of IT training though, so I was basically recertifying for database design and management. Voc Rehab will pay for the online courses, the books and any necessary certification testing. IT requires a bunch of different certs, and some of the tests cost major money. Yet they didn't flinch. mm. early on, before I did voc rehab, I did ILS and they paid for a computer etc. I thnk they were willing to do so again if necessary, but I didn't need one. ILS or Independent Living Services is also a wicked cool program, again depending upon the quality of your case manager. I gotta say though, everyone at voc rehab was really incredible at the Nashville VA. Bob Smith

You cannot use Chapter 31 (GI Bill) and Voc Rehab at the same time. Sorry, but just call vocational rehab to verify this. In fact there is a form you must sign that states exactly this. The supposed cutoff for Voc rehab is 30%, but I have seen them approve vets at 20%. It just depends upon the funding available. Early in the fiscal year I would expect 20% to get approved. I qualify for the new post 9/11 GI Bill, but to be honest Voc Rehab pays almost as much (depending upon where you live) and I was really happy with the attention and care they gave me. It made sense to me to save my GI Bill for either a period when Voc Rehab might not pay, or... whatever (like now). My wife got her Masters on Chapter 35, and I gotta say its a great program, if a bit of a hassle to get started. Once you have it started though its easy to verify attendance etc. Also there are a lot of grants, scholarships and partial scholarships to children of disabled vets, each state being different of course. Further new veterans qualify for a program thru the department of human services that I simply cannot remember the name of. It used to be called JTPA - Job Training Partnership Act, but it has a new title now - Workforce something or other maybe? Anyway, any veteran qualifies for it, and it pays for all costs of either a vocational or traditional college program with some per diem etc. Check with the dept of Labor for the name and contacts. They would know as well as the on post ed advisors. Bob Smith

Look, all I can speak to here besides CFR 38 3.350-3.352 is my own experience. I am currently 100% P&T and rated at R-1 SMC. I gotta say, and this is just my experience. I doubt the rater would have seriously considered my request unless I was 100%. This benefit is considerable - seriously check the amount for R1 and R2. I just dont see a rater considering a claim unless the person was 100%. Heck I have 2 single 100% ratings, and a gosh awful amount of others and it took two years with EVERY C&P examiner agreeing that I did in fact qualify and need it! The rater actually took the stance that their own C&P physicians were wrong, and went so far as to reorder most of them. They were all the same second time round. Even then, I had to file a CUE claim (which I did win). I am confused by the differing references here though. SMC and A&A is the same thing. Special Monthly Compensation, is Aid and Attendance. Unless I have somehow fallen off the truck. Well, to be precise SMC is what you get for Aid and Attendance.. anyway. CFR 38 3.350 is very clear on what gets rated what... from K (loss of limb, or loss of use of limb) to R-2 under 3.352. Housebound which is S is actually quite lower than most, but this is the only case where that occurs. I personally went from L1/2 to R1, but I am bedridden now. So there you go. I was awarded it for being bedridden. All I can say is the claim took about 18 months from start to finish. I do feel if the initial rater had not been an utter idiot it might have gone quite a bit faster i.e. the CUE claim. I do not know why they gave this complex claim to an obviously new rater. A lot of vets miss the additional 50% or 100% step they might get though. Let's say a vet is 100%, and has other injuries of a differing etiology which total (using VA math) to 50%... thats a 1/2 rate increase. 100% is a full rate increase. So if a vet is 100% for say loss of two limbs, and has PTSD for 50%, then the loss of 2 limbs would get an L, and the other 50% would get a 1/2 for L1/2. It is important to note that for an R benefit, normally an o/p rating must exsist prior. Now as to fee basis for in-home care. The VA will give your spouse or family member classes to certify them for certain types of care. Generally all you have to do is speak with your social worker - well I have 2 and one is a complete waste, but the other is outstanding. The VA provided all the training she needed to certify for the fee basis payment and she gets a bit over $900 a month - mmm 2 hours a day at 12.50 an hour I think. Further the VA will provide some in home care on a contractual basis. They can currently provide 3 hours of aid, and 2 hours of homemaker services - total of 5 and it can be the same person doing both or a family member if the have the necessary qualification demanded by the contractual agency - they can then hire on with the contractual home health agency and be paid by them. I am uncertain if the fee basis section would pay them for the 5 hours of aid, and homemaker... but it would make sense. They, the VA cannot (according to several social workers I have spoken with) provide anything higher than that currently. Medicaid will provide in home care as well, but if you dont qualify (like me) but do have Medicare A &B then Medicare has a waiver program with some sort of spend down deal. I am uncertain of all of what it entails since I am currently going pending an evaluation for it. If you have a spinal cord injury, your spinal cord injury social worker will have all the numbers to call. Needless to say this stuff can get a bit complicated. I know, since I have just recently gone thru it all. If you feel you need some help, feel free to email me personally. I may take a couple of days to answer, but I will answer and I am willing to discuss your issue on a one-on-one basis. Like I said, I just went thru all of this so I can really sympathise with someone just starting. I cannot write your claim for you, like I used to do for my vets, but I can certainly give you a starting point and some direction. Email me at sixthscents@twlakes.net. Bob Smith

OK, so I have 2 AFOs (ankle foot orthotics), a back brace... forearm crutches, and a power wheelchair (with a manual back-up). Huh. I bet they count either the wheelchair or the braces, but not both. I'm going to my VAMC tuesday so I am going to see what they say. Plus I have an implanted spinal chord stimulator that uses both a external belt to recharge, and an external controller. Huh... Yep I am on the look-out on this one. Thanks for the info. I have been gone so long, and so focused on my claim for SMC that I have been really missing some of the newer stuff. Need to do my homework, now that I finished that. I gotta be honest though... I am really getting tired of filing for stuff after 7 years of my own claims and other vets. I guess I'm just burned out. I did good work with a lot of vets, but it was at a real cost to myself and my family. I knew that going in, but.. I think I needed to slow down both because of my own health and the fact that I was managing some 30-40 claims of other vets. Plus in all this I was taking classes to stay current in database engineering and management. I overloaded and blew a fuse I think. Anyway, thanks. Bob Smith

Yeah Sledge, good post. I agree. A bit less emphatically, but I do agree.

Any veteran representative organization that exists "cheek and jowl" with the VARO's have always been suspicious to me. People say there are good and bad VSO's but when it comes to my personal experience, I have yet to meet the good one. IT is a funny field, as someone experienced in the field I think I can say that in certain jobs like database management, or creation, generally people are paid fairly large salaries, and can "work from home" literally. Honestly, I could manage most database tasks from my desk here in my bedroom, as easily as 1000 miles away. So, while I understand a real need to keep certain people (honestly it is hard to find someone with the necessary qualifications to keep a big IT operation up, and current.... it can be really really hard) these people are salaried. They agreed to a salaried package, and if bonus's for performance (which in IT is actually rather common) were part of their contract.. well ok, BUT and a BIG BUT... the performance MUST be achieved. What went on here was nothing but sheer fraud. IT people need - the field demands - continual education. Often platforms for database management change, or completely disappear and the whole system has to be adapted - quickly to the new service. Without constant education many of these IT personnel would be useless in a matter of months, not years months. So I understand a grant program for this. Again though, it must be MONITORED. However, the VA's IG DID find this. They DID report it. And the people caught are going to get some punishment. As far as I can see, that system is working, maybe not a well as we would like, but the VA IG does seem to be increasing their efforts to find the flaws. Now if they would just look at all the "new" raters the VA hired. Bob Smith

I have had suspicious veterans ask me what I charged etc for advice and help with their claim. It's kinda hard to believe that some veterans will work one on one with others for free, but some of us do, or have. I did for years, but vets are so slammed by the VA that often they are suspicious of anyone. However no can associate Hadit with anything like a charge or fee for services. If someone represents so, they are lying. What you get from Hadit is free. Donations are accepted, but hadit.com is not a not-for-profit site. Tbird spends a huge amount of money and time on this and I remember a big fuss years ago by a certain individual who tried to write off their donation to Hadit as a charity on their taxes. Hadit is NOT a charity. With that said, Tbird isn't buying a Mercedes or even a Yugo on what she makes. It goes to cover costs. Being a not-for-profit means a huge amount of accounting though and Tbird just cannot do that and run the site. At some point common sense has to enter the picture, and with Tbird and Hadit I think it has. Bob Smith

Oh, and what was the VA's reason for denying your TDIU initially. Did they perform C&P's at that time? Because why did they suddenly change their minds after denying it seemingly out-of-hand at first. I'm not saying you were wrong, just that the VA intentionally seems to dely TDIU claims... and I am sick to my soul over it.

Yeah, Most often I have seen and myself went thru additional C&P's when asking for additional benefits, but this is under your initial claim.. right? By this I mean was your claim in July an initial claim, or a later claim for increased disability? In either case since you filed the NOD, they can and do request additional C&P exams... normally scheduling them for Saturday or Friday at some ridiculous hour. I advise you to go to any and all C&P's they schedule. Be there, on time and without any reason for them to say you weren't. I've had them at 5:30 am and 8pm - on a Friday night or Saturday morning. Personally I believe this to be another delaying tactic of the VA. Yet you have to go, and they can (within reason) ask for additional C&P's. Especially since this looks like it's a later request for increase. It may not but thats what I see by the VA's statement. If not their statement is incorrect in that you are not seeking TDIU for a worsening, but from the initial. This could impact any claim date, so I would make sure they understood this was a continuation of an INITIAL claim if it is.

Ruffcreek, I think the pivot here is that you state you were diagnosed with PTSD prior to the sleep apnea. Now the rater may have just looked at the VA records and not service medical records. Was this two years part of your military service medical record? You state the decision states "Prior to aggravation by a service connected condition, the disability was considered 50% disabling based on evidence that showed you had obstructive sleep apnea and were placed on CPAP machine"... now if you can prove this is false, clearly false... then I think you may have grounds for a CUE claim... BUT it must be clearly demonstrated that this statement made by the rater is incorrect - clearly so in you medical records, either VA or Service or both. The rater seems to be attempting to say that the combination of the two adds to 50% - which just isnt the way the VA must rate illnesses. If one is secondary to the PTSD which is service connected then it is a seperate illness and must be rated on its own merits, not simply slapped on as a symptom of the other.. which is what the statement says to me. I'm going to ask Pete and some others to chime in here, has the VA changed how they rate sleep apnea recently? I've been out of service for a bit... so I want confirmation that what I am saying is correct. Bob Smith