john999

They pulled that stunt on my with my DMII claim. The VA refused to make a direct DMII DX until I had my C&P claim. I had high fasting glucose readings for years and yet they would not say "this vet has DMII". I got an EED on appeal and SC for PN on appeal. It really is beyond credulity that my DMII started on the day I was examined at the VA C&P team. I was examined by one doctor for the DMII and a neurologist for the PN. The doctors contradicted themselves on the PN so they went with the opinion of the non-neurologist who said I had PN in all four limbs. John

Thinking of what you are saying it is true that there are guys and gals that for no good reason I can think of will go dow to the recruiter's office and join up to be warriors because they like it. More power to them and we need them there in place to train the country's future draftees and reluctant volunteers who just want to survive the experience. I will be the first to admit I did not like the army. I thought the forts I was at were just slums. The pay was bad and the time in history to serve was probably one of the worst. I do still feel that injured lower ranking soldiers are most liable to just be boarded out and left to deal with a life time of disability. I know conditions now are much better from what I hear, but back to back combat deployments really suck. I feel our nation has no gratitude except a small paycheck and some education help if you are able to use it at the time. Pete, in our day we did have the draft breathing down our necks so that was an inducement to join the Navy, AF or even the Marines (???) rather that wait for the army and the possible 11bravo MOS AIT assignment. Now thousands of young men join up asking for 11B. The guy who went crazy and killed those people in Afghanistan was an 11B and had 3-4 combat tours in Iraq and they sent him back for number 5 11B tour to Afghanistan before he cracked I guess. That is more than what most guys in WWII suffered and what guys in Vietnam suffered. John

When filing for a secondary condition you need a doctor's letter to draw the nexus between the primary SC condition and the secondary condition you are trying to get SC'ed. For instance, I have arteriosclerosis(spelling), and I have DMII. I wanted to get the artery disease secondary to the DMII. It is quite common for this to be the case but you still need a doctor who is qualifed to say it is at least as likely as not for it to be seconday. Even after I went for the C&P exam the exam doctor said I had just a 0% rating for artry secondary to dmii. I had to appeal and then I got 60% rating after taking two more tests. You have to establish something is secondary unless it is presumptive and then you have to show what the rating should be. I have never gotten a break that I did not have to prove. John

A very small percentage of the US population uses the VA system. That percentage is gettting smaller every day as the Vietnam Era vets begin to die off. Only .01% of the population is active duty military today. There is no draft. Unless there is a big war soon the vet population will continue to shrink as will our clout. The time when vets had the most clout was right after WWII. I cannot see why anyone would join the military today if they have any other options. Not many other career options where you get left by the side of the road as road kill after ten years. John999

Logic Do you have Chron's Disease?

If an adjustable temperpedic bed is medically necessary then the VA should supply it to you since your life may depend on it. However, since many vets with horrible dental care don't get it from the VA, and VA admits poor dental care my affect your heart heath they who knows. It is just about the money. I see many vets about three feet from death's door every time I visit the VA and many of the factors in this are life style factors what can I say.

The thing about America is that as long as you have money to pay your bills it does not matter where or how you got it just as long as you got it. That sounds like Woody Guthrie. "If you ain't go the doe,ray, me, oh, if you ain't got the doe, ray, me"

Evidence is the most important factor in a VA claim. If you have good evidence that is well documented in his SMR's that he was injured in service they getting SC is usually pretty easy. The rate of disability may be hard and the exact effective date may be something to fight over but at least you get your SC.

Wait until you get the letter from the VA or see money in the bank. I learned the hard way about that scam.

Like Phil says, if he is getting 70% and is also getting SSDI maybe the VA feels that have enough to justify TDIU from his records. I have had the VA cancell my C&P and then blame me for not showing up. This has happened more than once. John999

John1 If you were not worried about c%p exams you would not really be normal, but I don't think you have anything to worry about in this case. Just don't tell them you feel great and really want to get back to work. Don't arrive wearing a suit and tie and tell them everyone in you family worked until they were 95 and you want to keep up the tradition. John999

You could get his SSA records to see how much he earned since 1993. That would show if he has substantial earnings. So right now his effective date for 60% if 1993. If you file a CUE claim you must show that there was something in his record back in 1963 that indicates he could not work or that work was open to question with his disability. You can't bring in anything new that was not in his record in 1963. This is how I understand it. Either that or show that with the evidence in the record the VA should have considered TDIU but didn't consider it. Also, when he was granted 100% the VA should have considered him for "S" at least. I believe the only way to get IU effective back to 1993 is to file a CUE unless his claim has been open for the last 19 years. John

When I requested P&T the reviewed my VA recoards and noted that my condition was static. I only waited one year for P&T and got it on appeal from original decision on TDIU. I think I should have gotten 100% schedular P&T but at that time I was happy with TDIU and P&T. I was getting workers compensation and I wanted to get far, far away from that system. In the WC system you never get P&T. You could be 90 years old and bed ridden and they will find work for you. You could get a letter from a private doctor saying you are P&T. if you have time. I did that myself. How old are you? I was about 54 years old I think. John

Every time I go to the VA I hear a really sad story from some vet and I hear another from some guy who tells me he was in Vietnam on a secret mission. He can't tell me what unit he was with or where he was or if he was in the army, navy etc. Nothing on his DD214 or in his records about Vietnam yet he wants to win an AO claim. How many people were there in SOG? According to what I am told there must have been ten million. You can check these guys out on the internet. It takes time and one false note and you will be shut down but SF has an retired organization and they know who was who and they hate fakers worse than anyone. Of course, a lot of regular grunts fought just as hard as these SF guys did and had it much worse as far as living conditions. John

Since I started using the cpap I stopped snoring but now I feel awful and am even more sleeply and tired than before I used the cpap. My wife says I have the "sleeping disease". I want to sleep all the time but I can't. I do have an incident in Vietnam where I went days without sleeping for no particular reason. It began to really drive me wild and I just went berserk. The MP's had to come and get me and I was taken to the medical unit and given an injection of something that made me sleep for days. It is in my records. Is this the kind of proof of a sleep disorder I need for SC.

I don't think a request to get a copy of a C&P exam or exams should affect the speed of appeals. If you were on the verge of a decision I would say just let it ride until I get the decision. If the VA did the exam themselves it is easy to get a copy. If QTC did it then you have to go through the VARO, so it is slower. Stick with Justriuk. He knows what he is talking about regarding getting your discharge changed to retirement. I do know that it gets much harder after 6 years from discharge if memory serves. You are still in a good window. This may be your one chance. So I would just concentrate all my energy on this project until you win. John

You need something from a doctor or rehabilitation specialist saying you will be unable to work for at least one year. That is one big technical requirement they usually insist on at SSA. I don't know how in hell a 100% disabled vet should be denied SSD but it happens all the time. If you lawyer thinks you can win they you probably can. You might want to bring the rating schedule for 100% mentally disabled vets which includes inability to hold a job and interact with others. I got SSD for mental health issue a couple of years before I got it for VA when I had VA service connection for 30 years at 30% rate. My doctor really knew how to write a letter for SSD that hit all the buttons. John

No matter how you answer that question it can't really hurt you, and I believe by answering "yes" it helps to establish a firm date of termination of employment and the reason. You retired due to disability. I hope it was for an SC disability.

I do not like that referrence to a personality disorder. A PD is not compensable. What do you want to bet the VA tries to load up your problems on the PD. They did with me and I had a diagnosis at the time of schizophrenia. That is sort of like the cancer of mental illnesses. I also had a DX of unstable personality disorder. The VA tried to say that was my real problem.

You need an independent medical opinion to deal with this C&P exam and to rebutt the exam findings. I had sort of the same problem. I was very close to fast blood glucose levels for a number of years before and actual DMII DX. I had foot pain also. Then I started to have fasting glucose levels that were pretty high and I filed for DMII and PN in all four limbs. The C&P doctors said I had DMII but split on the PN in all four limbs. I filed an appeal with the DRO and got a IMO from a internist and I got the PN ratings in all four limbs.

Everytime I think something can't be done some hard charging vet proves me wrong. Great work!!!! I am very interested since my apnea is driving me crazy.

Yosh Unemployment is high in Florida now since the state depends on tourism and housing. Wages are low. There are few union jobs unless you can work for the post office as a disabled veteran. Do you already have a job lined up in Florida? If not don't come down here because you will end up stranded. The summers are long and very hot. I grew up here and have some people here. If you have a good job I think you could get a good buy on a house using G.I. Bill. Stay where you have people who can help you until this housing recession is over because Florida's whole economy depends on housing for good paying jobs unless you want to work at Disney World. John

Yosh The reason the military only gave you 20% was to avoid military retirement which would have given you tricare and some other benefits. To get that upgraded to a military retirement is worth it in your case. Justriuk should really be able to help you in this case as far as advice. Get the maxium compensation you can get from the VA and just don't listen to anyone who tells you different. With your injuries you will be glad you got it while everything was still freash and you did not wait 20 years to try and get it. John

Really, the only way to be sure is when you get it in writing that you are 100% or TDIU or when money hits the bank. I have been disappointed before myself with VA double talk about big retro. With 90% you should at least get TDIU if you asked for it. John

I do know that if you are 55 and over and have been TDIU or 100% for five years and your disabilites are considered static you are not supposed to get any more exams for those disabilites. The VA considers you as being P&T. It is sort of an added protection for your rating. The only perfect one is 20 years at a rating as 100%, for instance. This is the great thing about winning a CUE. The date you win your CUE becomes your new effective date. John