john999

To me spouses are just like veterans and should be treated as such. Spouses should not be second class claimants. I think of the situation my wife will face if she lives longer than I do. It does not fill me with confidence. Her income from SSA, civil service and the VA will be more than cut in half. I was main breadwinner. She quit her job to stay home with me and take me to appointments when I was too stoned to make it, not to mention cooking and cleaning. Her job paid few benefits anyway with no decent pension or retirement medical benefits. Life in a "Right to Work" state.

If I win my CUE I will return the favor!

Phil I think I can speak for Carlie in suggesting a lunch at Bern's Steakhouse in Hyde Park in Tampa. Someone needs to help you spend possible large retro check! John

Phil If you stop breathing does this machine breath for you? Some do and some don't. I have the wake-up problems as well. Often I wake up very dry even though I have humidifier. The seal on your machine may be breaking thus causing famous farting noise or high pitched scream. Do you have to piss often? Do you nap in day time? John

If you are an AO vet you should win. You don't have CHF which is a bugaboo for many vets. CHF can be secondary to DMII, however.

The VA may not want to address your 100% + 60% because they may loose which is why they may be rolling over on your particular SMC. I don't know but we are not getting any younger so if it means SMC since 1989 take it as compromise on issues of merit. If you get retro SMC will we have to bail you out of Las Vegas jail or something like that? John

I take toprimate, oxycodone, clonazepam, cymbalta, fentynal, losartin, and a statin. I think I have gained much weight in last 5 years and most of these drugs aggravate my apnea. I have DMII from AO and PN that makes many activites difficult. My Bpap only works sometimes for me. I am 60% for Heart and 70% for schizophrenia/panic/PTSD and depression combined. I should be 100% for mental conditions, but because I don't hallucinate 70%. Since I went on TDIU I have gained 40 lbs because pain has gotten worse and activity level is down and I am older. What the hell! I am as fat as I have ever been in my life. I have PN in all four limbs. Do I have a case for SC apnea? Now private doctor is saying I have narcolepsy too. I really don't want extra money, so much as some help with these snowballing conditions. Clonazepam, valium, xanax and all narcotic pain meds make OSA worse in my case just on their own because they relax the throat muscles. John

I agree a vet is a vet, but Vietnam Era vets were treated like &^%$ on the VA's shoes. The military treats them differently also by giving "Combat Action Award" to non-infantry soldiers for OIF/OEF. This is PTSD verification stressor that we non-infantry vets did not get even if we lived through ground attack during tet or rocket and mortar attacks. There are a host of other areas where Vietnam Era vets have always been on the defensive with the VA and military. However, I still think those young men and women who were in Iraq and Afghanistan did suffer as much as we did from hostile conditions. Iraq, Afghanistan and Vietnam were different kinds of war, but still war. We made the mistake of being in a losing war and being scapegoated for it. What is the stereotype of a Vietnam vet in the media? John

What a Merry Christmas gift from Uncle Vinegar. You got it fair and square!

CUE claim starting at St. Petersburg VARO in early 2006. 1. Denied 2006 2. DRO 2007 denied 3. Hired lawyer and had another DRO 2008, denied 4. Certifed to BVA end of 2008 5. BVA hearing with lawyer present 2009 6. BVA denies 2010 7. Appeal to Court of Vet Appeals 2010 8. Remanded to BVA on clerical error early in 2011 9. Denied again at BVA late 2011 10. Appealed to CAVC early 2012 11. Waiting for Judge to be assigned my claim December 2012. Expect to wait at least a year for possible remand or decision?

The VA pharmacy has overriden my old pain doctor on occasion. Some drugs must be prescribed in a certain way for VA. My doctor was more concerned to treat me so he did not last long. I would email my doctor or call pharmacy and they can get it straight. What is really going on is pharmacy is trying to CYA. My psychiatrist, pain doctor and pharmacy got into pissing contest because of clonazepam in combination with oxycodone and fentynal. I had to go to medical director's office. They are worried you will be injured or die from a prescription and they will be blamed. John

A final decision at the VARO, BVA or CAVC as far as I know. When you let a claim die and stop appealing it becomes final in a certain amount of time depending on where you are at in the system I believe. I have a CUE that became final at the VARO because I did not appeal it because I never got appeal rights. My problem since that is not grounds for a CUE, but the decison itself was grounds for a CUE years later. A CUE is really a final resort and standards are different and higher. John

Justurluk Why would VA not be an answer to your financial problems if you can't work due to worsening pain? You are sitting at 90% now. I am 90% actual and I have been TDIU for 11 years. I lost my job due to chronic pain and depression. If you have any serious pain issues that will make your depression/ptsd worse. It is a negative feedback loop. I might be getting my ducks in a row for retirement. If you get fired there is sometimes questions of misconduct etc. There was in my case since the pain drove me nuts and I got fired and had to really hire a lawyer and pay him to get my retirement. It took about 7 months and I lost 25 lbs due to worry alone. I was fired one day and the same day I was in the VA hospital rubber room. If you get fired that is the place to go. John

CUE must be on a final decision!

Shwebb Your complex of symptoms sounds like dissociative disorder. This is a disorder very much like PTSD. It is usually brought on by shock and high fear and stress. The fact you have derealization is a good indicator. When I told my VA shrink I had the symptoms degrealization and depersonalization back in 1972 they just wrote down "Chronic Schizophrenia". I told a doctor in Vietnam about those symptoms and they said I had a personality disorder and should be kicked out. I was not kicked out then but suffered the rest of my tour and another year before I cracked up. Then they kicked me out. These VA and military doctors are primative jerks. John

If you can't work you should get TDIU. I would ask for that officially inside a NOD. I would not settle for 70% if you can't work or have been homeless. I got 70% and it took an extra year to get TDIU. Yours may go faster. You should file for SSD as well. I had 70% and SSD before I got TDIU. John

Pete I have the same mail problem with my pain meds. They can come either on the first of the month or the 8th of the month and anything inbetween. Also the meds I get are not appropriate for my chronic pain. Fentynal patches are the worst. Hightly unpredictable and I can't stand the morhpine, or the methadone so what is left. I take oxycodone. John

If you can go to your former employer and get the information directly from then and then send it to the VA that can speed things up if the VA will accept it. I cut about 6 months to a year off my TDIU by getting my Form 50 from the USPS and sending to the VA. They wanted to know my last day at work etc. They also wanted info from SSA and a copy of my DD214. I got all that for them thus knocking off months of waiting around for various agencies to send it.

The VA would want to know his last day at work if he is filing for TDIU.

I think I would get the degree. Just because you have a degree does not mean you can work a full time job. The degree is something you might be able to use one day if you get better. You can't be disqualified for TDIU just because you are going to school. TDIU is about work. The VA may try and argue that if you can finish a college degree you can work, but that is not so. I have two degrees and I can't work any more. All the time I was in school I was fighing against severe depression so it took me twice as long. I was able to work for a while but, like you, I became unable. I got SSD and then TDIU. I am glad I got my degrees even if it did not help me with making a living. No one can take it away from you. John

Because by just using your military records in your case they could deny you. When I filed a claim in 1972 I never got a C&P. The VA just relied on my military records and a statement by attending doctor while I was in the VA hospital for two weeks in 1972. They totally ignored my doctor's statement. This was so they could low ball me. I got no exit physical at all.

My psychologist says that as people age they need more sunlight for Vitamin D to be absorbed by the body. I think if you were diagnosed with arthritis at discharge you would have a claim for a chronic condition.

We talk about Cusman (CAVC Case) often here. Cushman first filed for TDIU in 1980. The VA altered his medical record illegally. In 2010 his case was remanded back to the BVA after winning at Federal Court. He is asking for retro in the form of TDIU since the VA made its egregious error in 1980. That is 30 years that Cushman's claim for a CUE has been in the system as far as I know. He has several CUE claims before 2009 for the same issue. All the VSO's, the DVA, courts and congress are aware of this backlog and prolonged processing time. What is the result except more time? This is something worth revolting about for all of us.

Dot09 If a vet is on Voc Rehab and is dropped from the program due to his disabilites it would help with a TDIU claim. My understanding of ILP is that it is for those who are basically static. I was dropped from Voc Rehab due to my disabilites. I think that did help when I applied for TDIU. I asked for Voc Rehab while I was still working in a light duty job for the post office. When I was finally fired I filed for TDIU and did use voc rehab failure as evidence of a serious job handicap.

Teac My claim is at the CAVC. It is waiting to be assigned to a judge. This will take maybe 6 months. Then 6 months for a decision. After that who knows. This claim has been in the system for almost 7 years. Something is very, very wrong with the VA claims system. Waiting years and years just to get ready for a decision is a crime.