indyman

This issue has popped up on a lot of veterans who suffer from some form of mental issues. There is nothing on the ATF form 4473 that asks if you have been ruled incompetant by the VA. The only question is have you been adjudicated as a mental defective or suffer from a mental illness or admitted to a mental institution? I know thats not exactly the way its worded, but that is the best I can remember. The NICS check is for domestic violence convictions, felony conviction and serious misdemeanors. I am not sure how the VA is justifying this but they are sending out letters. I think (dont quote me on this) the NRA is looking into it. I think an IMO would be a good idea, a good lawyer that works VA cases, and maybe write a congressman. We have congressman that cant handle their own finances. I dont understand the wait part of it from the VA. Wait for what? This all came about from Newtown CT where 28 children and adults were killed by a nutcase who had been planning the attack for a long time. Most of the other posts are giving you good advice. Spend the money and hire a lawyer. He/She can represent you much better than you trying to represent yourself. I have a friend who was detained over 50 years ago, questioned about a theft, found not to be involved and moved on to law enforcement and gave 35 years service to a department, retired, went to a sporting goods store to buy a shotgun and he could not pass a NICS check, because the Feds failed to do a follow up on the results of his detention. He is getting it straightened out so there is a way. Good luck.

I read that piece, and that comment about Vietnam and the "uncertain link" of Agent Orange exposure and diebetes just shows how stupid this guy is. If he knows his stuff so well, he needs to be working in the VA lab somewhere and finding a cure for Agent Orange diseases. If you don't know about something, don't write articles acting like you do. That just shows how downhill AP has gone, when they let stuff like this get published.

I have been following posts on foot drop and whether it gets a schedular rating or SMC K rating and I am confused. During my NP C&P exam the NP stated yes to the question "does the veteran have lower extremity diabetic peripheral neuropathy" She indicated the nerve as the sciatic nerve. She gave both left and right (bilateral) as Moderately Severe. In her narrative she indicated I have servere bilateral lower extremity peripheral neuropathy as well as moderate upper extremity periperal neuropathy. He has foot drop bilaterally and wears hinged braces to assist him in maintaining his normal gait. Is this a schedular rating or an SMC K? It is all part of a TDIU claim. Any help or thoughts/opinion(s) and I'll read them. Thanks.

I think it is about time that someone took the fall on this one. We know the administration is most known for buck passing, so why not just get it over with and think of the veterans. Get somebody to get on top of things. Tell Shinseki, and Hickey to take a walk, and reorganize the VA, and at the same time start working the claims. Do not base claims are to be decided by how old they are. That will create more backlog. VA personnel need to be shifted around where the less experienced get the easier claims, have a TDIU team and only work TDIUs. Stop the banquets, conventions, brainstorming meetings, and get with it.

I had something along the same lines on a C&P years ago. I did exactly what the other posts are telling you to do. I went to a family doctor who summed it all up with one line. Mr XXXXXXX condition of XXXXXXX has been "poorly managed" by the VA doctor. He went on to FAX a copy to the VA and I handled the paperwork end separately. It didn't take long and the VA was calling me back to reasses my SC condition. Well, duh? But again, that was years ago, and the VA was not imploding at the time. We on the outside just had to deal with it ourselves.

Chuck 75, you made an excellent point. When I got my DX for DMII, my VA doctor was very hesitant to even entertain the idea that I may have DMII. He posponed, delayed, ordered more labs, and anything he could come up with to delay making the DMII diagnosis. My last time under him I showed an A1c of 6.3 and fasting sugar of 128. When I went to the newly appointed doctor, and having dropped the other one, she immediately put me on oral meds, and now my A1c is 5.7 to 5.9 and my fasting sugar is 115 or so. I test pretty often, really have to watch my diet, and cut back on the coffee. And, I lost some weight. My point is the VA doctors come up with anything they can to delay an SC condition. When the lower PN started I had a hard time getting my doctor to finally order an EMG and confirm my suspicions. And you have a longer battle when you attempt to convince the VA that something has worsened. I will give my present doctor some credit, she has learned a little more english and does communicate a little better.

Since the American Legion went to bat for the VA and Ms Hickey, does anyone recall a guy who works for the American Legion and his last name is Hickey. He has articles in the Am Leg magazine quite often. Since I no longer belong to the American Legion I do not get a copy of the paper they put out and wonder if there is a nexus between these two Hickeys? Anyone got a past issue of the American Legion papers and could check this out? It would be interesting to know. The American Legion Hickey usually does comments on the claims processing procedures and claims results.

Berta, since you are on this post, what exactly is IRIS? How does it apply and when do you apply it. You mentioned it in one of my questions? Thanks.

From what I understand the C&P exam should be sent by electronic means. When I took my last one, the NP sent it during my exam. On your claim going to another out of state RO, mine was the same. A lot of the guys and gals on this website cleared the air for me. When one RO has a percentage of unresolved cases, they (farm out) some of the caseload to RO's that do not have such heavy caseloads. Mine went from Indpls to Agusta ME. My concern until after other folks on this web squared me away, I was worried about a splitting of my file and one part in one place and one part in another. Do you have a VSO that you could FAX? I do not know if they could do anything, but if they won't answer the phone (which is SOP for VA) maybe a certified letter w/RRR and a FAX would help. Best of luck.

Very damaging articles to the VA and VBA. The Secretary needs to really do something fast to save face and his own political future. The VA and VBA reminds me of the fall of the Roman Empire.

How are they going to pay the homeless vets, and vets with no checking or savings? If they can come up with this brainstorm idea, why can't they clean up the backlog?

It was all done together and mailed to Augusta ME, certified RRR

The PN is secondary to DMII which was also on the questionaire. And the NP connected the two through the questions on the questionaire.

I won't make this long winded. I have a claim for TDIU since August 1st. Took the C&P exam in Jan 2013. Exam ID'd worsening lower PN, and ID'd upper PN. Lower PN at moderately severe from mild. Upper PN found at moderate. Closing statement very good, stating "these conditions renders him unable to secure and maintain gainful physical employment. It is also very unlikely he would be able to secure or maintain gainful, even selective, sedentary employment". Since August I have received 4 letters from Indpls telling me they are still working on my claim. Then I get a request for additional information and another statement in support of my claim from Togus, Agusta ME. They have my claim. I have called a total of 4 different times to the VA and they tell me a decision is forth coming. When I ask where is the claim being reviewed at? Two said Indpls. And two said Agusta ME. And when I called my DAV office which is in the same building as the RO, they thought maybe ME. It is pretty frustrating at this point when you have done everything ask to do, and your claim is bouncing all over the east coast. Who knows, half may be in Indy and half in Agusta ME. Anybody had this happen, and any opinion on results of C&P? Thanks.

The only time I hear from the DAV is wanting another donation, or in their magazine they brag about the next convention. Seems like they do a lot of partying. Whose money do they use for that. I am like the other post. I just throw the junk away and send back the empty enveolope.

No jbasser it does not look good at all. But if the commands are coming from the top, nobody in Congress or the Senate will step to the plate and say "now we fix this failed system". Look how much they spend in retro payments? I know one fellow Vietnam vet I worked with in Customs was shot in the cheek. He lost most of his teeth, part of jaw, and got last rights at Khe Sahn. But he pulled through it all and got 30 percent. He fought and now he gets around 60 or so. And they paid him all the way back to the battle itself. He cleaned up. But he knew Jesse. Most of us do not have that PI. And why should we have to. But I am not giving up.

Good point jbasser. Hadn't looked at that way. I wonder if any of the big shots in American Legion are former VA big shots who retired and crossed the road, so to speak.

I think the VA and VBA has gotten to the point that our benefits are no longer benefits. They must be getting guidence from somebody, to denie, postpone, delay, and put off until the VA outlives the veteran. There are way too many issues coming to the surface that what Secretary in his right mind would just do something as troublesome this is. I have noticed the Secretary in presentaions on the VA web where he does really say anything concrete. He promises things, but then you never hear a thing about it working.

Somebody correct me if I am wrong, but it seems the American Legion comes out of the woodwork a lot in defense of the VA and VBA and you seldom hear of the defense of the veterans.

On my last award I got a DAV notice about one week before I got the decision letter. Phillip is right, they like to give a notice ahead of time to remind you how great a job they are doing for you. Picking a SO is a wild card. I had the VVA at one time, and I got a call about three years ago and they wanted to know how my claim was going. I told them I got an increase two years ago and did most of it myself. They were going through some claims they found mine in a pile on the floor. They then ask me if I wanted to rejoin the VVA. If your VSO is on top of your claim, they will tell you what is happening when you call. My new one so far, is OK. The letter you got from the DAV sounds fully legit.

I just read an article in the Indy Star where a whistleblower has again come forward and is exposing some real heavy stuff. This may bring in some criminal people. It speaks of how the VA is deliberately covering up tests, and investigations into certain chemical exposures and talks about the burn pits and the unknown causes of the Gulf War deseases. But, it goes on to say that many tests that were supposed to done, were not done at all. This is serious. It shows the systemic on going corruption in the VA. For many of us who have pending claims I am scared how this investigation (which is being looked at by Congress) will effect our denials or awards. It could be positive, or worse yet very negative. I think this goes all the way to the top. This is turning into another Fast and Furious, Solyndra, and Bengazi. To view the article go to IndyStar.com. Everybody keep your powder dry, your ears to the ground and your butt will follow.

This is just something else they can lose, misplace, misfile, or just not do at all. I am still waiting for clothing allowance and into my second year. The last time I checked the woman that did them left, and the one I talked to was still trying to figure out the system and where everything was. Doesn't do any good to complain, they just take a name and last four. And you get no feedback. We still go to a window at VA (I guess) thats what I did in Feb visit. I saw nothing on the cashier window. And the travel pay section is so close to the Pharmacy its a mob down there. People are in line waiting for scrip, and realize they are in the wrong line. I feel real sorry for the wheelchair guys trying to manipulate their way through the crowd. Something has to be done here. Congress doesn't seem to care, Senate doesn't seem to care and they just have meetings to spew out their own agendas. I have lost a lot of faith in the service organizations too. I called today on my claim, and it was sent from Indy (heavy backlog) to Agusta ME which has nearly a 70% backlog. One heavy backlog to the next. And the SO did not know if the claim was in decision mode, or what. It is pathetic.

The VA mails on Thursdays or Fridays depending on distance. That way they do not have to worry about a phone call from upset veterans who got denied, or worse yet you drive there and do a face to face. Cooling off period perhaps? And congradulations on the 17 yr fight and victory. Longest campaign I know of. Spend wisely, but do have one good time with it. Personally, I would send them a thorn bush after you get the retro check. Since you have been a thorn in my side for the last 17 years, I no longer need it and returning it to you. Good luck buddy.

Another thing I just thought about. U.S. Immigration can be contacted on line and they could clear up some things also. I think that if the father is U.S. then the child is U.S. I have a friend from long ago who had a child in Germany, born in a German hospital. He was active duty. The child was classified a U.S. citizen born in Germany. His wife was a citizen of New Zealand.

Were you married when the child was born, and married to the childs mother? If yes on both, the child could be classified as U.S. citizen born in Germany to a U.S. citizen. Were you still in the military when the child was born and married to the childs mother? Do you have a passport on the child? If so, what is the childs citizenship and visa status if applicable? You can go to the embassey and request assistance. Make sure to take your DD Form 214 and your birth certificate also. Also, instead of a SSN you can get what they call a personal ID number which is sort of like a drivers license number. Does the child have an "ausvise" and what citizenship is on it.