john999

Who remanded the claim back to the AMC?

Teac We have had bloody spats here in the past, so don't worry about feathers. I hope you keep posting because you helped me get "S" via Bradley v Peake. We have had many disagreements about intent of regs and rules of the VA. We are here to help each other. That is the main thing. That is why I like this place compared to Veteran's Benefits Network where I never felt welcome. John

I don't think you are SOL. I just don't think the DAV did much of a brief for you. You may still win if your facts and evidence are strong. Like I say, I had a lawyer and I lost with a great brief. It was the retro I was asking for that makes it tough. My claim is complex as well. I was always thinking I would end up at CAVC, so this is why I got a lawyer early on in my claim. My lawyer submitted a brief at my DRO Hearing. I lost there as well. It takes guts to grant a claim with 30 years of 100% retro. John

What is your plan for voc rehab? Are you going to college or something vocational?

I went to a group therapy (private) for years and there were vets in the group. It was very useful to me. I was sort of acting like a nut during first few meetings, and a fellow RVN vet stopped me cold when he said it was really pissing him off that they were trying to help me, and I was refusing to let them. I did not think anyone cared enough to say something like that to me. The group held up a mirror to me so I could sort of see myself as others saw me. What a shock! They all liked me and at the time I hated myself. I saw myself as a horrible failure, and I was only about 22 years old. I felt my life was over and the group helped me rehabilitate myself to a great extent compared to what I was. I am a big fan of group therapy if it is done right. I went to a VA group while an in-patient and what I said the VA used against me in claims. John

No, because she is not old enough for medicare yet, but when the time comes she will have to get part B.

Qwik My lawyer's brief at the BVA was 28 pages long and he had 40 citations of regs, rules and precedents. He argued the case. He did not just shove some facts and figures at a BVA judge. Hell, we still lost, but now we are at CAVC with more arguments. I may lose, but I know the case has been fought. John

I got a horrible staff infection from a private podiatrist's handiwork. I attempted to sue the bastard doctor, but here in Florida these "doctors" are almost bullet proof unless they cut off the wrong leg or kill someone while removing a ingrown toenail. Since I have an option I don't let the VA operate on me. I did have a private orthopedist look at MRI of my neck and say surgery was my only hope. I got a second opinion from a neurosurgeon and he was astonished at what the orthopod was going to do. Doctor's are not Gods or even saints. They are businessmen who we hope are better than the mechanic that fixes our cars. I always get second opinions these days. I have had at least three surgeries that failed under workers compensation while I was trying to cling to my postal job. I trust none of these guys.

Yes, ChampVA requires you to take medicare part B. I have medicare(primary) and blue cross(secondary) through federal government. My wife has Blue Cross (primary) and ChampVa (secondary). We don't pay any copays. This is a pretty good deal even though I pay $433 a month for Blue Cross for family plan. I would take part B since that is a good deal if you think about it. What about Part D?

You know when I was fired from USPS I filed for worker's compensation on the way out the door. I was working limited duty due to aggravation of pre-existing bipolar disorder. I had won that claim about five years before I was fired. I filed a new claim for permanent aggravation of an on-the-job injury/illness. I got paid for that and put my OPM retirement on hold until I got TDIU. It is hard to win work-related mental health claims but I did it three times at the USPS because the bastards would not accommodate my service connected bipolar condition. I really don't advise getting a worker's compensation claim mixed up in any way with your VA claim. It caused me problems down the line and I had to make irrevocable choice between worker's compensation benefits for my bipolar and VA benefits. I already had SSD but this was offset by workers compensation as was OPM. Once I got TDIU and reactivated SSD and OPM. I had MSPB lawyer and all sorts of stuff. The union was very willing for me to go down the drain. I had been a shop steward and got on wrong side of union prez. When the USPS fired me they threw me into the briar patch. I guess my long winded point is that if you are a federal employee you can file for workers compensation for mental health issues. Once you do that it is very difficult for them to fire you unless you do what I did, and I don't want to go into that except to say I was having a bad, bad day.

You know in my original claim I do not remember ever signing a POA, nor who represented me. This was 1972 and I was in the VAMC hospital for 10 days. I had many POA's including VFW who argued that even though I had bone fide mental health condition my real problem was that I had a personality disorder. The best POA I ever had was the Red Cross who represented me at my Discharge Review Hearing back in the 70's. If you can do it yourself just do it, or hire a lawyer if you can't.

I remember my first NOD/DRO request sat for months at my VARO before I went to the VARO to view my file. I found out that my claim was being routed to the BVA even though I had not filed a Form 9. I got that fixed and got my DRO Review and got TDIU within a few months. I often wonder how long it would have taken if my claim had gone to the BVA? You just cannot trust the VA. When I have a claim at the VARO I check frequently just to see if they need something or are waiting for something. They held up one of my claims waiting for my DD214. They already had it in my C-File, but were too lazy to get it. I supplied it myself, but they were willing to wait months for St. Louis to send them one. Same with SSA and my SSD file. I supplied it because I knew they would wait on SSA for up to a year. Stay hands on with your claim as much as you can. John

The CPAP/Bpap failed for me because I cannot get a mask that fits my face well enough to stop leakage and/or pain. My crazy sleep doctor prescribe Provent for me even though I told him I have a deviated septum and don't breath well through my nose, especially at night. Does anyone know about Provent Sleep Therapy?

Do they do forms for FMLA?

I don't really see an argument by the DAV. I see a slap/dash outline of an argument for your service connection. This is not a professional argument or brief. When your POA writes a brief to represent you they should tell your story and not just refer to a few regs, your medical history etc. They need to argue why your aliments are SC and why the VA's argument,facts and conclusions are wrong. If you are going to wait years get a experienced VA lawyer. That is my opinion. John

I retired on disability from the post office after 15 years. I got OPM, SSD and then TDIU in that order. It took about 18 months after I was out of work to get TDIU. I had to fight for it even though I was on SSD and 70%.

If you want the VA to take care of your teeth then it might be worth reopening your PTSD claim. Are your symptoms worse than when you were rated 30%?

Tmoe I don't think I will quit narcotic pain meds cold turkey if I have the option. I have been through that a couple of times years ago. The first time I did it was accidentally in Vietnam not knowing the stuff they called "coke" was actually heroin. It took about 10-12 days use to become addicted physically. I stopped suddenly and learned the meaning of "kicking the habit". I had pretty intense symptoms for such short use. When I get off these meds I will do it slow and easy. If you have chronic debilitating pain what is there besides some kind of narcotic? I have not found anything the VA has to offer including Cymbalta and Lyrica. John

Or find a heart doctor who will see you a couple of times and do a real IMO/IME. Maybe your doctor can send you to one of his pals (good old boy MD network) who does IMO's. My old VA doctor sent me to a pal of his who worked as private doctor and I got an IMO. If this does not work get a new heart doctor who will cooperate with you. That's what I would do.

The changes with the military that are coming fast are RIF for army and marines. If the congress is going to ask for reductions in active duty it does not look that good for old vets. If I get my check then my wife and I can survive. I do care about younger vets, but I see a shrinking pool of vets. I don't know what this means for us geezers or even OIF/OEF vets. Nobody in government of the military wants for Iraqs or Afghanistans. They want drones and SF to do it all. John

Does your job have a disability retirement option?

If you are using my local VA pain clinic they will boot you out and cut off all opiate painkillers if they test you and find pot in your urine or blood. They will boot you out if they find anything that resembles an illegal drug. I live in Florida. I am not even sure they would help me to withdraw if they found MJ in my urine. I mean withdraw from narcotics I have been on for five years. John

I know three doctors in Tampa who might be able to help. Send me a message and I will give you their names. Bring your SMR's and current medical records so they can at least say they saw them and reviewed them.

I agree with stated goals of most of the VSO's, but the way they attempt to implement them is poor. Congress critters don't respect them. They respect and fearfully cringe before the NRA, but blow off the VSO's. As soon as I was able to hire a lawyer for my CUE claim that is what I did since I did not for a moment think a local VSO would be able to handle it. If you have a simple claim you can do it yourself, and if you have a complicated claim you need a lawyer. Where do VSO's fit into this? If they could just represent us in Congress that is what they are good for and not doing claims. They BS vets into thinking they will get better representation in they join. This is not true.

I am a life member of DAV. I asked for my money back. If you are counting on VSO's to win claims for you then it is a waste of money. If you just want to join to socialize or go to the local VFW or AL to get drunk they are fine.