john999

The real COLA attack will come at SSA because they lead the way for all other "earned benefits" such as federal pensions, VA, and SSI. Medicare is the real target with medicade as secondary. The government promised all Americans certain benefits and now that the bill is coming due they want to find a way out of their contract. If the COLA is somehow changed for SSA that would automatically affect veteran's cola's. Republicans are ardent cutters of medicare, medicade and SSA. Dems would go along with more sneaky cuts to both SSA and Medicare. Anyone under the age of 55 is probably at risk. They say SSA is third rail of American politics so the cuts to that program must be like drone strikes...out of the blue and unseen until they hit us. Both parties are guilty of this future crime. I listen to Cornell West and Paul Krugeman on this subject. John

You are going to have to fill out an employment questionaire probably within a year of your getting TDIU. What you are swearing to is if you have worked during the last year or not, and if you have worked how much did you earn. I think I would quit work of any kind right away. Like John B I don't trust the VA at all. I am TDIU for 11 years. I have not worked for money in 11 years. I have done some volunteer work but very limited. Tell the truth and I think you will be OK. Just don't push them to far. John999

I don't believe new evidence will be allowed in at CAVC if you didn't bring up evidence at BVA. New legal arguments can be brought up at CAVC, but not evidence as far as I know. I think I might keep it simple back to the date of initial low ball or denial. You are looking for a much earlier ED. It is what happened at the earliest possible effective date that matters in my opinion. If the error was made there that is where you want to focus. You are getting legal advise for free, so you know what it is worth. You know, Bob, I am asking for about 30 years of retro, and the VA has not made it easy. I have had a lawyer most of the way. He has filed many briefs. I would expect to go to CAVC and think in those terms. Your AZZhole rep has really let you down as I see it. I doubt you will get a decision at the hearing. I think you can handle this on your own anyway just as good as the POA. Just stay cool and stick to the facts you have. They are very obvious to me. John

Where are you? What was cause of death according to autopsy? Didn't the facility that did the autopsy do all the tests you asked for?

Bob Just prop your stump up on the desk as you discuss running through a minefield. Tell them you need to elevate your amputation when it hurts. Do you think this might be the stuff of nightmares and flashbacks, Mr. BVA judge? I think your best evidence is "you". John

File your claim! What have you got to lose? Eventually, every RVN vet will die from some AO disease if they live long enough. John

You know the big driver of the budget is medicare because of medical cost inflation. VA compensation small potatoes as are all the other "entitlements" excluding medicare. Even SSA could be fixed without much bloodshed. However, if government politicians agree to cut COLA that is overkill. I can't stand to hear every politician shed false tears over the plight of disabled vets, and then to know they are plotting to cut our COLA. Are they going to cut their own salary and benefits? Hell, No! I probably send at least one email a day in opposition of cuts to medicare and SSA because they lead the way to cuts for us vets. If we all send emails to out congress critters opposing cuts to COLA's for SSA that would be a good first step. If we don't oppose cuts we will probably get some back door cuts to future vets and maybe older ones as well.

I think I would go to my hearing and plead my case. Then go in search of a lawyer. I had a BVA hearing with my lawyer. I lost anyway. You may have to go to the next level. John

If there are cuts to current benefits for SSA,SSD,SSI,VA and all other federal programs there will be an uproar. I think that a lot of politicians would like to sneak in a change to the CPI, but they don't have the guts to do it to current group. They will try and stick it to younger groups.

My CAVC claim first went to the court in October, 2010. It is now March, 2013. I filed my CUE at the VARO in 2005. It is going on 8 years. Without my lawyer I am sure it would have died before now. However, the time factor is horrendous. I was represented by my lawyer at the VARO,BVA,CAVC,Remand to BVA, and now at the CAVC again. No development was necessary in my claim. It is all a question of law and I think I may get a decision by year nine. The system is broken for all of us no matter how well you are represented because the VA can stretch out a matter of interpretation of law for 8-9 years. John

You can watch progress of your claim at CAVC website. You look yourself up on the docket and you will see where your claim is in the process. This is going to take at least one year if you are lucky.

Have you applied for SSD?

I have been trying for weeks to get to see a doctor at my VAMC about my apnea. I got a consult from my shrink and that was cancelled because the sleep center was refusing to see me until they got my private doctor's records to show apnea. My PCP got involved and told me to fax her the records and she would make the appointment. I faxed her the records and sleep study and the sleep dept. says they cannot get them from her. Then one of the sleep doctors wants a fax of all my records. No one will cooperate with anyone else and I am wondering why I need proof of apnea before they will see me to evaluate my apnea. I am not filing a claim. I just want treatment options and the VA is refusing to treat or even see me. Where do I go from here besides the patient advocate. I spoke to the advocate today and they are talking next week about calling me back but I don't believe them 100%.

I know you can collect FERS disability, SSDI and VA compensation at the same time. Your FERS will be offset by 60% of what you get from SSDI until you reach full retirement age which is 62. I collected all three from age 53 until age 62 when the SSDI offset went away. The FERS retirement is really not much to get excited about it is much less than VA 100%. My VA money is equal to more than SSDI and FERS together. Before age 62 I only got about $250 a month from FERS after deductions for insurance. How old are you may I ask? John

I think you should state clearly something like "After a careful review of the veterans service medical records,VA records and private medical records it is my medical opinion that:

I think if you multiply 17 times the 100% rate with your cola increases you will get it about right. It is a nice chunk of cash tax free. You get $2816 starting April 1, it looks like.

Garbage in/Garbage out

A NP is just guessing about when you will or will not get TDIU. They don't make the rating decision.

There are a lot of older guys than the usual 19 year old we think of as a Nam vet. Many career soldiers, sailors, marines and airmen served in Nam. They are dying every day. I see them in the obits. The 19 year old Nam vet today is between 60-68 usually depending on when they served. If you were a marine guard 19 years old in 1973 you could be 58-59 possible. I am 63 and I think most are 65-66 if you look at bell shaped curve. Number of Nam in-country topped out in late 1968 or early 69 I think. John

Berta I sent my buddy a copy of the BVA case you cited. I know he is having a hard time with the VA. I am trying to get him to file a PTSD claim, but he is reluctant. John

Saving your retro money is a great idea. A good IMO is worth its weight in gold. I have had at least five and they were worth every penny.

The vet in question is someone I worked with in Vietnam in 1970. He got melanoma within two years of ETS. He is trying to get his melanoma SC'ed and secondary conditions. He was from up north and we both worked long hours building a large bunker with shirts off. My arms are covered with pre-cancerous sores in response to a treatment cream given by skin doctor. I had a melanoma scare myself. John

Would melanoma be considered a chronic disease for SC if vet got it within 2 years of discharge?

The VA could hire a bunch of jobless vets and pay them 10 bucks an hour to scan all the existing C-files into a computer system. Do not let them destroy the paper files however. Store them somewhere! There needs to be paper backup files for everything the VA does, or a lot of vets will find they are not vets any more. I can just imagine the VA screwing up and destroying all computer files for every vet in the system. John

File for DMII. I had some high glucose readings and the C&P doctor said it was DMII. Just 10%, but it opens up doors for PN, heart disease and a bunch of other potential problems. If your glucose is that high you will probably get diabetes and have higher A1C readings. How are your cholesterol readings? You probably have some hardening of the arteries as we speak and that can be DMII related or cause IHD.