john999

I took illegal drugs in the army some 40 years ago to self medicate I even turned myself in to a drug rehab program the army cooked up. I have not used any illegal drugs since. Am I a recovered addict and is that a disability? Now I get the same drugs I used in the army for free from the VA. This is a giant leap forward.

As long as the exam doctor said it was service connected I think you are OK. It really depends on how this depression affects your ability to work and have a normal social life. If you can't work or maintain decent personal relationships due to depression you get a higher rating.

I have some stenosis in my cervical spine. It causes some numbness and severe pain running into my left shoulder. However, the cure suggested involves spine surgery with screws and brackets in my neck. I also got differing opinions from several doctors. So am I going to just throw the dice and take a chance......no,no, I won't go to rehab!

Les I don't think the VA can distinguish between PTSD, GAD and depression. If you have some event or events like combat exposure where you can identify a stressor or stressors then it is PTSD. If it just happens in service it might be GAD or panic disorder. If it is in response to your physical injuries or chronic pain then it is depression. I think I had all three and you probably did as well. It is only the VA that makes a big deal of it since you can be out of service 20 years and still file and win a claim for PTSD. With the others the farther away from your service dates and the onset of GAD or depression the harder it is to get SC'ed. I do tell those who have physical disabilities and/or chronic pain from in-service injuries to check themselves for signs of depression. For instance, I don't know many who have your physical disabilities who don't get depressed. Hearing loss isolates people and back problems and failed shoulder surgeries(I have both myself) are depressing due to pain and loss of function and activities. Now that your depression looks like it will be SC'ed you should be able to get TDIU. How long have you had the depression/ptsd claim in appeals? I wonder at the rating percentage and your EED. When they denied your PTSD was it because no confirmed stressor? Now you don't even need a confirmed stressor just a DX of PTSD and a plausible stressor story. You might run this whole thing by a VA lawyer to see if there is anyway you can get at a EED. Did you ever file for TDIU before? If you did and got denied I bet they said you could not work due to depression and ruled out the physical conditions that were SC. I was 70% and the VA denied my TDIU because they said I was unemployable due to opiates and my reaction to them rather than my SC condition. Now the physical conditions that require opiates are all SC with lots more over the last 12 years. I got my TDIU using a good IME.

I think the C&P doctor is saying your depressive disorder is service connected. Can you scan the whole C&P without your name and SSA number so we can look at it. The question now would be what your percentage of disability would be? Are you able to work? I bet if you are not able to work this would make a grant of TDIU pretty easy considering you are 60% already. What is the 60% for in terms of mental or physical disability? I think the VA will grant service connection for the depression. You don't need a stressor for a depression claim. That is for PTSD. Most doctor's can't distinguish very well between PTSD and chronic depression since they go hand-in-hand. If you have psychotic depression or bipolar disorder they can distinguish that from PTSD sometimes. Were you treated for depression in-service? I don't think with that C&P it is going to matter. John

Did you file for TDIU or are you trying just for 100% scheduler? If you are unable to work you can get rated TDIU and get 100% payment with your 70% rating. So it could go three ways: 100%, TDIU/70% or increase denied. I was rated 70% and I claimed TDIU. I got it which is easier than getting 100% for mental disorder. 100% scheduler is probably better if you also get P&T with it so the VA leaves you alone. You know I filed a FDC for an increase in my DMII. I read Ebenefits and it has my claim as a "NEW" claim. The sucker has been sitting in "Gathering Evidence" since July 2013 and all the evidence is at the VA hospital 20 miles from the VARO. I am going to visit my congressman on this because it is just sitting there gathering dust. I write the VA via IRIS to correct issues and nothing changes.

Yes, my lawyer could not believe that there could be a system where you submit evidence and there is no way to show that the VA did or did not consider it in a decision. The assumption before 1990 was that all evidence the VA received they considered in a claim. So all the vets before 1990 that submitted IME's/IMO's the VA could just ignore them, and use only their evidence in the form of a C&P or hospital notes, and deny you or low ball you. Also if the you were admitted to a VA hospital, and a rubber room goon made an entry in your medical notes this would be more than enough to destroy 5 IME's you submitted that were never even looked at by the VA. Unless all the evidence mitigates on your behalf then in a CUE you lose. My lawyer made all the arguments in three briefs. Even when the BVA admitted that my doctor's report in my original claim was not part of the rater's decision making process the CAVC still shot me down saying the VA did not have to show they even looked at my evidence. I know this is the weird CUE law, but it is fundamentally unfair and unjust. So I will keep fighting and maybe someone, somewhere can fix this. As Carlie says it is the time waiting for this decision that hurts. I don't need the money (it would be nice) but I was kicked out of the Army, basically, for asking for help and then screwed by the VA all before I was 22 years old. In claims since 1990 some of this has been fixed. They must at least list your evidence and then they can ignore it. Back in the day they did not even have to list it, so there was no way to know if they even looked at it. Now they maybe look at it and then exclude it. If I was not a 22 year old in deep shit maybe I would have filed an appeal after the low ball decision. I did not know I could do that since I did not even remember filing the initial claim. I don't know if I had a VSO. I never got the decision letter since they sent it to the wrong address and returned it to sender. That is almost like saying a guy in a coma should be sure to file his appeal on time. I was in a psychotic coma of sorts living on the street going place to place for about 5 years after I was discharged. The law is the law, Son, and ignorance is no excuse. This is the law for criminals not for war veterans. John

The question is "will the VA pay for weight loss meds"? I think they might, but they would be the oldest, cheapest ones with the most side effects. I also think they will find ways not to prescribe it if you take any pain meds or clonazepam family drugs. I got my script for Provigil via my mail order drug plan. It is quite cheap via mail order. The VA refused Provigil saying because I took opiates it was a bad, bad thing. My private doctor did a script for me no problem. The reason the VA did not want to prescribe it was cost. They lie to your face about all that other shuff. I asked my VA shrink to prescribe Provigil for me and she said she could not prescribe it for weight loss, ADD or OSA for me. So I have to go outside the system for almost everything substantial. What I get from the VA I could get at Costco for almost the same cost. They are cheap, cheap, cheap!

When you are deactivated does the Army give you a copy of all your medical records. If they do then it is important to hold onto all your records both personnel records and any other records. Do they give you any kind of deactivation physical exam like when regular army is discharged? I believe you can begin the claims process while you are on active duty. The main paperwork to hold onto are your SMR's and any records that show you were in combat if you were, or that exactly documents your injury. One thing I suggest is to not let the army operate on your back until every conservative treatment is done and you still hurt very badly. Others have more exact information, so hang in there and you will get specific answers. The main paperwork for a claim is proof that you were injured while on active duty. This evidence is the basis of most claims. You can file for some other things that are chronic illness usually within a year of discharge. I was discharged for almost a year before I filed a claim. That period of one year after discharge is very important for filing claims. For reserves I am not sure how it works but I bet it is similar when you go from active to non-active reserve. John

Dems probably knew this bill would not pass, but they do it to appease VSO's and VSO's push it to appease membership. Everyone knows it won't pass just like 25% increase that was proposed a few years ago.

I read once that the CUE is just a chimera........" an imaginary beast of mythology or an unrealizable idea or concept." Now I am beginning to believe what I read. The BVA said in my case that if there was any possible argument, no matter how trivial, against my CUE I would lose. That is a standard that is a chimera. It is un-American and fundamentally unfair is what I say, but I am just a voice crying in the wilderness. They are a trillion dollars supporting a rotten structure. Race goes to the biggest, richest, strongest beast. Every once in a while we see a ray of light, but on the whole this world is a jungle. Now I will tell you how I really feel. Now for my next sermon.

I talked to my lawyer and he wants to go forward into the fog, Big Muddy, etc. I am OK with that. He thinks we will win in time.

It does suck and I wonder what story my lawyer is going to tell me why we lost? Really, you just flip a coin I think.

I lost my CUE claim that was decided by a panel at the CAVC. They shot down every point and argument my lawyers brought up at the hearing. It seems that even when the BVA admits that evidence that was in the hands of the VA was not used in a rating decision that is not a CUE. The so-called court said that since before 1990 the VA did not have to mention, list or refer to any particular evidence in the record in a decision I lose. No point that my lawyers brought up would have made any difference. 7 years of waiting down the drain. I have not gotten a call from my lawyer, but I read that the CAVC upheld the BVA's denial of my CUE. The BVA denied my CUE but did not dismiss it because they agreed that evidence in the record was not before the rater. The CAVC blew by that, and just said the VA did not have a duty to mention in any way my evidence, so there is no way to tell if they considered it or not. Only in the VA system can you get away with something like that where since you cannot prove the VA did or did not consider evidence then the VA wins. It would be like you confessed to a crime and you had a trial and the subject of your confession just never came up, so they let you go. The VA suppressed the evidence in my claim and got away with it. Any reasonable mind can tell they never considered my doctor's evidence, but the VA falls back on regulations that make it impossible to prove. So much for having Ken Carpenter on my side. However, if my lawyer wants to take it to federal court I am ready. I can afford $450 since I have too many assets to get it file for free I think. John

You know when I was in the service I had sleep problems and it is in my records. However, this was in 1970 and I was discharged in 1971. I don't think the subject of OSA was even an issue in those days. Did they even do sleep studies in 1971? It was like my TMJ. I had it in service but no one ever put that DX in my records. If my records only state sleep problems do I have a chance of getting OSA SC'ed at this date? My OSA is "profound" as the doctor says. I even have dreams about not being able to breath. OSA would make me 100% scheduler but I will never bring up that subject to the VA. John

The louder the denial the more you know the VA is lying.

I had a claim with Fee Base some years ago for money I spent on dental while my TDIU was on appeal. It was a legitimate claim. The VA claims worker involved just threw my claim in the trash. The VA actually admitted this to me and said the worker was disciplined...."they took away his free subscription to Hustler magazine". I was really surprised they admitted to me what had happened and I got paid for the dental which was a few thousand. I think many people at the top of the VBA need to be fired. This probably will not happen. I wonder if this is just a VA internal problem or are they responding to orders from on high via congress or higher. You know they don't want to pay for what they broke. It took 40 years for some agent orange conditions to be made SC. If the VA can stall for 40 years for Parkinson's or IHD a lot of vets will be dead and forgotten. Imagine a widow trying to get a DIC claim going after her spouse has been dead for 20 years. Most just go on with life and never get the word that they might be entitled to some benefit from Uncle.

I think it is a lucky break that your congressman seemed to help. Nothing wrong with going outside the VA system for help, but it usually does no good. So now you are 80% and still able to work. This is good since you work for the VA. I worked for the VA about almost 30 years ago. I worked deep in the bowels of my VA hospital in medical supply. I had a college education and I never got a promotion and then transferred to the postal service because they paid twice as much. You have protection under MSPB. Just keep a few thousands of bucks available if you need to defend yourself against discrimination or some RIF. As disabled vet you should be the last to go. Do you have a decent job at the VA? I once got an interview to be a benefits counselor, but I was qualified but not chosen. If I had gotten that nice sit down job I probably would not be so disabled today. 20 years at the USPS put the whammy on me. John

The government hopes you die while waiting for your claim to be adjudicated. I know I was out of work about 8 months before I got SSD. Then my workers compensation was approved. I got TDIU about a year after I got SSD. The VA was really nasty while the feared SSA was decent to me. That was a long, long 8 months and you waited two years! The waiting is horrible and destroys many marriages, credit, homes and families. Now in two years you get medicare. This is a big deal since you have some place to go for second opinions and treatment.

I think I would appeal the 20% rating for my hearing. The VA is saying you hearing got better. This is impossible, of course. You will still not have 100% scheduler. If you are not working file for TDIU. The old rating should have been 80%. What is the basis of your heart disability? I think I would see a cardiologist. I am 60% for the heart and I have never seen a VA cardiologist. I saw a private one and he said the only way to find out was to get heart cath and I said no since I have no symptoms. I was granted 0% on the heart and appealed and got 60%. I might get some real evidence for the heart thing and appeal that as well. Have you had a heart attack? 10% for the heart is an odd rating. It means you have a mild problem. What is a minor or mild heart problem. If your heart stops you are dead!

Yes, I have been on opiates and clonazepam for about 7 years at the VA. Now I am getting pressure to change what half-azz works for me. The VA wants to wean me off the drugs that work and teach me to do yoga. I tried that and fell in my driveway and busted my head open because my legs were hurting so much. I am 64 years old. I am just trying to get by to be 65. I don't care if I am addicted. I am not going to OD. To get into in-patient pain program you have to be off all opiates. So I have to be in pain when I deliver myself into the tender hands of the VA? No, no, no! John

My VARO says they get 10,000 pieces of mail a day regarding disability claims. The chimps in the mailroom are asking for extra bananas due to being overworked. I worked for the USPS. They get the mail to the VARO. What happens next is anyone's guess? Do they login each piece of mail or just throw it in a box for interoffice distribution? I wonder how they lose certified mail which they do as often as anything else. Certified mail travels through the mail stream just like ordinary mail except somebody signs for it at the end. Then it gets lost, but you have proof that they got it. John

I think sleep disturbance is a symptom of PTSD. What they say in rating letters becomes fact. The VA SC'ed me for PTSD among other things in a rating letter even though I never claimed it. I say if the VA said I was being rated for TDIU and included PTSD as being one of the conditions identified then I was rated for it along with co-morbid conditions. They probably would deny this and say it was just a big mistake. The mistake is in writing.

Is that a form of OSA? If you need an appliance for UARS I think the VA has an obligation to try and accommodate your medical need. They may say "NO" at first but you just have to insist via your doctor. The VA says they want to own your healthcare so let them own your UARS.

I notice that a host of these drugs affect sexual functioning. All the SSRI's do and pain meds as well. I wonder about all these drugs. The VA is great at handing out this drug or that drug and then deciding it was all a big, bad mistake like with narcotics for chronic pain. I was watching national news tonight and they were raking the VA over the coals for prescribing narcotic pain killers for pain. What the heck. The imply that we should all be doing yoga and getting acupuncture. I am not driving 20 miles to do yoga at the VA. John