john999

They will interpret in the most narrow way. Probably 2 years after discharge during Gulf War period whatever that is. Mental illness other than psychosis is very tricky language unless they meant only PTSD.

The way I got my "S" was I had 80% TDIU when I got an additional 60% for a single issue. I did have to file a CUE claim to get my "S" since this was around the time that it became known you could get S if you had total plus 60%. If I had not filed I would still be waiting and wondering. The VA has tried to limit their liability in these total plus 60% cases I think. Teac told me about it and he has not got his and Phil has been trying to get it for years since when he got 100% they should have considered him for "S" at that time. They will swear they did, but there is no written proof that most 100% vets were ever considered for S without have 100% plus 60%. Also some DX'es are sign posts for a "S" rating.

Go for TDIU because you need an extra 50% to get to 100% schedular. I am 90% TDIU. Same/same 100%.

If you are going for TDIU or 100% or big retro and you feel swamped hire a lawyer. They go for the big money claims and they usually know what they are doing in your appeals. Most of this stuff you can do on your own using Hadit. John

Streetwalker If your job contributes or aggravates your condition to the point you need a modification in your job then file for workers compensation (OWCP). Your union will know some doctor who can help. I was a postal worker. I crashed and burned ten years ago. Your boss will hate you but getting your injury as being work-related can help you keep you job a few more years until you can retire.

I think his kidneys did him in finally. Terry was a guy who had all the odds stacked against him and still kept his human dignity. If not for his disabilites he could have been Perry Mason. He had guts like when he would pull fire alarms at the veteran's home to get attention. John

I am with Phil on this since the VVA may win more for you like an EED or something. If the VSO thought your claim was going to be reduced I think they would have dropped the appeal.

My only question is what evidence do you have that your PTSD is worse? You don't really want to go to a C&P exam that you have requested without solid evidence that you are worse. Are you working? If you are still working I don't think you will get much more than 50%. If you are not working because of PTSD and/or are on SSD because of it then by all means get the C&P. My thinking is unless you can prove you are worse stay away from these mental health C&P exams because you can be reduced. It is subjective as hell. John

T8r The future exams thing is a good reason for continuing treatment from VA mental health. Every time you see your shrink you should complain about something. Never say " I feel better now. I feel much less depressed or anxious". You should be seeing a psychiatrist at the VA on a regular basis for the rest of your days or until you are P&T.

I think the overall quality of VA health care is quite poor, but since many vets who use the VA have no other insurance what do they have to compare? The area where the VA really falls down is being proactive about following medical leads with testing and preventive treatment. If you want good care at the VA you really have to work at it. The private health care system is not a system. It is just a bunch of hospitals and small businesses that provide treatment for profit.

Right, men and women can be KIA'ed just by driving over an IED five miles from a so-called safe zone. I say if you can hear gunfire or explosions night and day then you know you must be at risk for death or injury.

You won a 50% claim in just three months. Not bad!

One thing women are fighting for is right to have combat related jobs because that is how you get promoted in the service. The top aces in the military are usually combat veterans. It was the same thing for blacks in the WWII army. At first they could only be truck drivers etc. They could not make any rank. When they began to do direct combat duty they started to become equal in the eyes of the services. I don't think anyone expects women do be Navy Seals, but they can fly gunships or jets. If you get blown out of the sky it does not really matter about your sex.

T8r Your 50% secondary to a SC physical condition is why I tell vets who have a chronic SC disability that is causing them chronic pain or messing up their life to file for depression. Even if you just got 10% it would open the door. If you can't work file for TDIU. Keep seeing the VA psychiatrist on a regular basis and keep them up to date on all your depressive symptoms.

Scooter As soon as I get the script back I will tell you. I think it is a drug they give to hyperactive kids. It is speed. What I have learned is not to take heavy narcotic pain meds at least four hours before I try and sleep. Also try and get up at the same time every day. I slept for about 5 hours with the mask on last night, but what a relief when I take it off. Don't take any naps in the day time if possible. I know it is hard but that will just screw up your sleep worse if you nap. John

Cooter I get dry from using the mask so I drink more and I do wake up about every 90 minutes. Often around 4:30 a.m. I just take off the mask because I am exhausted and try to sleep for 2-3 hours straight. I often fail and sleep too long or not enough. I get up and I go back to sleep with the coffee cup in my hand. My private shrink prescribed me some kind of speed so I can stay awake all day. I am trying to get it though my worker's compensation and I am having trouble getting it. The pharmacist looked at me like I was a dope addict and even wanted to see my drivers license. It is expensive so I was the WC to pay for it. Maybe someone has smooth sailing with the CPAP but that is not me. John

With or without the mask I wake up about 5 times every night. I am also so sleepy sometimes after I get up I am just a walking zombie. My wife says I don't snore with the mask on so that is good. The thing is I don't want to wake up dead one morning (lol) from not breathing so I will wear the mask.

Back in 60's and 70's there was no PTSD DX, so if a soldier who still had time to serve after returning from Vietnam started to have PTSD-like symptoms the chances are that the soldier would be kicked out as being unfit or bad conduct discharge. Even today if a soldier is suffering from PTSD and using illegal drugs to self-medicate he/she will probably get bad conduct discharge if they get caught. If they just stay drunk then maybe not so bad.

Yes, it does not make sense at all. I know that for loss of an eye it is 40% if there are no other secondary conditions. The loss of a leg above the knee is 100% I think. Your PN must include areas above the knee, but I am guessing. Vets often get more for the loss of the lower leg because their are secondary or residual conditions like PTSD for instance or back problems etc. If a vet with a couple of pretty severe conditions gets 90% he gets less than $2000 a month. This means the vet is only 10% able bodied. Unless he gets TDIU he will have one hell of a hard time getting the extra percentage to get 100% which is almost an extra 1000 bucks and many other goodies. If you are a 60%-90% vet there is every incentive to go for TDIU and no incentive not to go for it. The only incentive I can see is for a very young vet who has his whole life ahead of him. Any vet over 40 has every incentive to go for TDIU P&T. The system is perverse. I was 51 when I got 70% and was already on SSD since I had been fired from my so-called career job. I had been disabled for the five years prior but finally gave into nature. I went to voc rehab but the counselor told me I would probably not benefit because of my disabilites and my rate of pay. Nobody would hire me even if I could do the work because of age. John

Your IMO is no good. You should get your money back on that one. The doctor says he cannot say your conditions were caused by military????? That is what you are paying the guy to say. Let's be honest. If you have a copy of your SMR's and the VA does not then make a copy of your SMR's and give it to the VA along with a letter show nexus between your conditions and SMR reference and/or treatment and DX of these conditions in the military. John

I guess if you have a CPAP sleeping on your back and being comfortable is important. What kind of bed did you get, Pete? I have an adjustable bed regular springs. My problem is my lower back. I have pillows to put under my knees. I can'g sleep on my side since I have problems with shoulder injuries and TMJ.

Getting to the Hearing has been my longest wait here at the St Pete VARO. It then took about 2-3 months to get the decision even though I already knew what it was going to be. My VSO, the DRO and I had come to an agreement. However, they need to make it look like they are really doing an investigation. When the DRO realized that it would not mean an increase in compensation or benefits for me he approched my VSO and the fix was in for an extra 10% per limb for PN. If it takes longer than 6 months to get a decision from the DRO I would start to get anxious and question things.

I look at what a vet getting 70% is getting and what this means is the vet is only 30% able bodied. The 70% vet gets just a very small amount of money since most of those guys have a very hard time working. You only get 40% if you lose a leg below the knee. That is really chump change.

As an IMO it is weak. There is just no nexus that I see. The doctor is basically saying is your hip condition might have been caused by your service. What kind of work did you do after service?

I had my "unsuitability" 635-212 discharge upgraded. I appealed the discharge very soon after discharge. It cost the VA or DOD nothing. If you are asking them to change a non-medical discharge to a medical discharge or medical retirement the military is going to fight this because it will cost them money. At my review board there were civilians present. If it had been all military I would have been sunk. I had spent 2 months in a military hospital and yet they still kicked me out with nothing because I pissed them off. They told me they were going to get me and they did according to their warped values.