john999

I found out today that my claim was stalled because the VA had never sent me a form asking me if I had any new evidence. This was what the 5103 Waiver Review was all about on Ebenefits was about, but I had to make a phone call to the VA to find out what was happening. I gave the phone person a statement saying I had no more evidence, and they entered it into the record. If you have that 5103 Waiver Review in your claim it is because the VA has not sent you the letter. My claim sat for 4 months and I called and sent in letters to the VA and nothing. I guess my point is that 5 minutes with a real person can fix a problem that has held your claim up for a year. John

Any vet with a mental disorder rated at 70% should be able to get TDIU. I was 70% when I was actually awarded TDIU and it was for a mental disorder. I had no other ratings at that time. If you look at the rating schedule for a person with 70% for a emotional/mental disorder like depression or PTSD there is no way that person can hold down most jobs. I really agree with you about the pool thing. I would have to drive almost 20 miles to us the VA's pool. I live close to MacDill AFB. I never considered using their pool. If it is an indoor pool that would be great. I am sure you earn every dime as a caregiver. My wife retired to be my caretaker. Now I think I am her caregiver since her eyes give her trouble and she has a bad ankle. We are both in sorry shape as far as miserable conditions that will not kill you but make life a pain. Where do you live? I know some good shrinks in Central Florida.

Getting an IME would not be a bad idea as well. You can control what the IME says to a point and if you are paying them they should say exactly what you want them to say. If you tell them you are trying to get your depression SC'ed as secondary to your SC physical problems they will understand this. Sometimes the VA gets dumb and can't quite see what is in front of their faces. Time should not be your only concern. You want to get this right the first time. John

The VA has wanted to get rid of TDIU for years. It has always been the policy of the VA that vets who cannot work due to SC condition should be compensated at the 100% rate. This would be a fundamental change in VA policy and even our half-ass VSO's would go to the wall for it I think. A few years ago any person with a mental disorder who could not work got 100% scheduler. That is the way it should be again IMO. John

You must have enough for VA DX of PTSD since you were in a place dangerous enough to get your thumb shot. Was your basecamp ever attacked in any way including snipers, mortars, rockets, ground attack etc? I am sure you have more than enough for PTSD DX and compensation. By the way, I was at an small army airbase that had 155 Howitzers and 105's as well. The 155's were the loudest thing I ever heard, especially when they fired them over us to get to some target. We did worry about short rounds. Are you deaf? What hearing protection did you use? A buddy of mine got SC'ed for PTSD and his records showed Winter and Summer Offensive 1970.

Are you going for a Hearing or just a written review? How much do you trust this VSO? Unless you are in love with him I would get a lawyer, or if you think you can win with just your evidence I might keep the VSO on board. If not shop around for a lawyer. You won't get a quicker decision, but at least your claim will be ready for CAVC. John

Free Spirit The VA used a dental IME for a psychiatric claim I had and used the psychiatric IME for my dental claim. Both were denied as you might expect. I did find out how army dentist had put the screws to me. I had TMJ and the dentist never mentioned it in my exam even though I was seeing him for that problem. He was very careful not to mention any symptoms or a DX, but just wrote "EXAM" in my records. I had severe TMJ and he told me there was nothing he could medically do for me except to put a bolt in my neck like Frankenstein.

Start looking for an IME doctor. What the VA doctor said about you is not good. I don't know if it will affect your rating. I would start seeing a private doctor and get some records ready to fight what this VA clown has said. A VA C&P exam doctor once said I was a psychopathic personality during an exam. It did not affect my rating. The VA just continued it so I guess it did affect my rating since I was asking for an increase. I have had exam doctors say I was actually faking it because I had a B.A. in Psychology, so you are not alone with this crap. I kept my rating. I was only rated 30% and they were trying to take that away from me. John

The personality DX is poison and should not be mentioned as a cause of her unemployability. Depression and Dysthymia are really the same thing. You could use a psychiatric IME to rule out personality disorder as any sort of factor in her inability to continue working. Personality disorder is considered a pre-existing condition that is not a medical mental disorder. Are you being paid as a care giver by the VA? I had a PD dx in the Army, but the VA gave me a medical mental illness dx. Then 15 years later they tried to sever my SC by saying I was a PD. John

I know three IMO/IME doctors in Tampa for psychiatric cases. I have used all three. I know two very well and the other not so well, but she is an ex-VA shrink who writes a mean IME. You can't go in there with a wink and a nod. You must tell them your story and let them do their jobs, but they are very vet sympathetic. If you go into these doctor's offices acting as if you are hiring whores they will be offended and kick you out. They are not whores but will advocate for you if they believe you. John

Download the official TDIU form first. You said you are 70% for depression? That is enough for TDIU and is a good reason for being unemployable.

IceT You never got a letter terminating your TDIU? I don't see this as being legal. If they are going to terminate compensation they have to inform you by letter and give you appeal rights. Am I wrong in this? They are supposed to give you a letter proposing termination of benefits and give you appeal rights.

I asked for a dues refund from DAV for life membership. They just laughed at me. They are not going to refund a dime. They are not worth a dime. I really wonder what they do for us in Congress? Maybe they have chugging contests with local congressman. They don't make PAC contributions to candidates so what use are they? NRA has more power in its little finger than all the VSO's combined. Money means power in politics. If our vet organizations don't fund candidates they are nothing. AARP funds candidates who support their programs. DAV, VFW and AL do not fund candidates who are pro vet. Of course, you won't find any politicians who say that vets are just slugs who want a handout, but that is how many vote. John

Which came first the chicken or the egg?

I think you should file a notice of disagreement with your letter that terminates your TDIU and you should ask for a Hearing within 30 days. Do as Phil has suggested but cover your ass from all directions. I filed my employment questionnaire, but you got me worried when I checked my bank. I am going to check to make sure the VA got my form. I send it in either certified or by Proof of Mailing and I do it every December. The VA sent me one questionnaire in the last 12 years. Now that the wars in Iraq and Afghanistan are almost over and being forgotten at light speed we should expect the VA to try these stunts. I know many in congress don't believe vets should get TDIU. It is funny how rich people hate to pay taxes even it if means helping vets who did the fighting and bleeding for them. John

The VA has gone behind my lawyer's back often especially when I first hired him. It is wrong and a violation for them to do this. I know from experience that having more than one claim in at a time can confuse the VBA to the extent that they will or can completely get your claims mixed up.

Ice Turkey How long have you had TDIU and are you P&T? John

I got one of the employability forms and then I just started turning them in myself in December.

My private insurance lists the price of Provigil as $560 for thirty day supply. This is the only drug I know of that is approved for use for sleepiness due to OSA. All the rest are off label. I got a lecture from my VA shrink about this. Of course, I cannot afford Provigil. I don't even know if the VA will provide it but I doubt it. John

This is why we will all need to either hire lawyers or become lawyers (jailhouses) to get our benefits soon.

I think you can get the newest additions to your file for free as well. Say you asked for a copy in 2000 you could get everything since 2000 for free. I am not 100% sure about this but I know it is worth a try. I am not paying a dollar a page for it I know that. John

I took a magic pill once or twice. Did you know that trees are people? After taking the pill I found many friends among the Tree People. Is that the kind of magic pill you are talking about, John? True Factoid: LSD was used to treat schizophrenia at one time. Doctors had no idea what else to do. They had tried shocking them, soaking them and giving them Grand Mal Seizures. Why don't send the Schizoids on a carpet ride?

Is using the NOD Form mandatory? What is the Form number for this new NOD form? My NOD's usually include a request for a DRO Hearing. If you request reconsideration with new evidence you must distinguish this from a NOD. You have three options, at least, when you start appealing. You can request a reconsideration, or a DRO, or an appeal to the BVA with no stops along the way. You can also request a personal hearing on your claim at any time until it is shipped off to the BVA. I had two DRO Hearings on the same claim one time because I had one before I hired a lawyer and one after I hired a lawyer. John

Otoo I think that form will get you your SSD records. I submitted mine, but just the part that said I was accepted for SSDI and my DX. I did not sent them the whole file. John

PTSD and Parkinson's are totally different. The VA should be able to rate these separately. One is a psychological emotional disorder and the other a physical medical disease. There may be some symptom overlap but if the VA cannot rate these properly someone's head should roll. Can the VA rate a vet as having mild, moderate or severe Parkinson's? It is a degenerative disease that progressively gets worse, correct?