john999

Carlie The reasons and basis of the BVA denial are that "it is not undebatable that the evidence that was excluded from the record in my orignial rating would have changed the outcome of the decision". The evidence that was excluded said I was psychotic and totally disabled. The BVA relies on written record of an unidentified psychiatric aide who worked in the Tampa VAMC that said "The veteran seemed to get on well with other patients". This makes the medical report from my doctor who treated me for six months three times a week debatable, therefore no CUE. The BVA says I meet the 2 out of three prongs of a CUE, but not the third where the evidence excluded would undebatably change the outcome of the original decision according to reasonable minds. Reasonable minds would give equal weight to a psychiatric goon as they would to a clinical psychologist according to the VA. We never said we wanted to reweight the evidence. We said that the evidence that was excluded would undebatably change the outcome of the decision. The VA is saying that based on the merest shred a decision can be debated endlessly and there is no difference in quality or quantiy of evidence. This is my lawyer's interpretation and mine. I don't have a way to actually post the "reasons and basis" except to paraphrase it.

By BVA remand was just denied on my CUE, so it is back to the Veterans Court I guess. VA claims are a black hole. My CUE was knocked back a year because of a clerical error on BVA's part. They used the wrong disability schedule when they denied my CUE. This is because schedule for disability ratings changed from 1972 to 1973 when my original claim was granted. Nobody knew this until my case got all the way to the Court. The CUE was made in 1973 at the VARO when my claim was granted. I started at the VARO level with this CUE and I have been to the BVA twice and court once. It is really all about money since I am claiming 100% since 1971 to 2001. I was rated 10% in 1973 retro to December 1971 when I was discharged. You see why they don't want to pay this thing or admit error. I should be the poster boy for horrible original decisions. I never got appeal rights nor any sort of pension exam. Plus 6 months of psychiatric records from my last duty station disappeared from the record. The VA excluded all positive evidence from the decision record and relied on testimony from an unidentified worker on the psychiatric ward to grant 10% based on alleged statement that I seemed " OK." John

They are cheap bastards! Plus, they don't want to stick their necks out one inch if you have bad reaction to lyrica. Their jobs are much more important than your pain or mental health. Their main function in life is to CYA. However, it does not help to lose your temper. What kinds of pain meds do you get from them now? You might have been able to get something to help in an emergency. Please understand these doctors are afraid to death you will take something they give you and die. This will hurt their careers.

The BVA denied my CUE for the second time today. My CUE was on remand from the Court to fix some technical errors, but I thought they might reconsider. So now I am pretty sure my lawyer will take it back to the court to get a decision on the merits of the case. How long, Lord, how long? John

I would wait and hope the VA infers TDIU. Did you ever file for TDIU? I think if you can't work due to SC conditions you should be filing for TDIU instead of chasing after these other claims. Maybe you will get schedular 100%.

Was your husband given a medical retirement from the military? It is a no-brainer that his VSO should have filed a claim on his behalf as soon as he got out of the military. Considering his injury I think he should get an effective date back to one day after discharge since his hospitalization should act as an informal claim.

Get your TDIU and then try vocational rehabilitation if you are up to it. Get treatment for the PTSD.

If you have not been able to work in almost 4 years file for TDIU. Good luck!

The effective date for your secondary conditions won't be affected since it depends on when you file the claim for secondary condition. I think you are OK as Carlie says. You probably should have filed 20 years ago for the secondary condition because that would affect your effective date.

The flow chart is what is supposed to happen to claims. Is there a option for "let claim sit on desk for six months gathering dust"? I don't think there is a clear timeline for claims. The VA works them when they get around to it. I filed a CUE claim at the VARO six years ago. It has been to the BVA and then to the Court and back to the BVA on remand. I had two DRO hearings on it at the VARO. Is a claim supposed to take 6 years and counting with no end in sight. No matter what the BVA says I will appeal right back to the Court unless I win everything. I will be lucky if this does not take ten years.

When I had to retire from my job at the post office I waited about 8 months to get my SSD and another year to get IU. It felt like 20 years of waiting. I did have some savings, but I still lost about 25 pounds. The VA and SSD know that only the most disabled people are willing to put up with these disability systems. Nobody who can work would go through this crap. Working is so easy compared to waiting and worrying about getting disability.

Every claim after your original rating is a request for an increase. For secondary conditions you need medical evidence that links the secondary condition to a primary service connected condition. For instance, you are SC'ed for DMII. You get problems with your eyes. To be secondary your doctor must identify your eye problems as being caused by the SC DMII. He needs to explain the connection and point to medical facts that your type of eye problem is a known secondary condition of DMII.

It is probably better to be more specific about why the decision regarding your exact condition is wrong. You can keep most of the body of that sample NOD, but add specifics about your condition as to why it should have been rated at a higher level. I believe Berta actually won an increase based just on the NOD. Keep it to one page since they don't read beyond that. I would also ask for a DRO Hearing.

With a rating of 60% due to PN on your lower extremity I wonder if you are eligible for some kind of SMC? What condition is your left foot in with such a high PN rating? Is it hard to walk? I imagine you don't have much feeling except for neuropathic pain. I am 10% for both feet and my feet hurt. I don't know what 60% would be like. Are you 100% or IU yet? John

I can use my ATM card almost any place in the world that has an ATM. I bank at a credit union that is a tiny fraction of the size of the VA. My VA I.D. is not as good as my ATM where I put in my card and get real money in 60 seconds in London or Hong Kong. Everyone accepts my Visa Card. The difference being that banks are important in the world money system and vets are on the fringe of the USA health care system. A whole lot more money needs to be spent caring for vets if the VA is every going to be the "World's Best Medical System". If I get sick on the other side of the USA and I show the private hospital my medicare and Blue Cross I will get ER care. I may be fighting with them down the road over bills, but I get care. It seems that if I go to the VA in some other state I may not get care. I am reminded that vets are still second class citizens. John

Can you apply for Social Security disability as well? So you are retired military? I don't know exactly what you will get but someone here will know.

I was told that St Pete VARO gets 10,000 pieces of mail a day.

I think you may have a malpractice claim against the VFW for bailing on you. However, I would just wait until I get my decision. The DRO is going to make his/her decision regardless of who represents you. If you lose I would consider getting a lawyer.

The military had little idea of PTSD or bipolar in the 60's and 70's. If you acted bizzare they would either say you had a personality disorder or pre-existing schizophrenia. Either way they would try and hoist you out with no compensation or pension. There way of dealing with mental health problems was Punishment. The probably believed in witchcraft and demonic possession.

Often you have to have mental health records released to a doctor. However, I did not think that applied to a C-File. This must be some new dumb idea from the VA. I think you have absolute right to all your medical records. I have found other vet's records mixed in with mine as well. 6 months of mental health records from the Army have disappeared or were never included in my SMR's. Fortunately, I had lots of records that were not lost.

I can easily believe that at St. Pete. It often takes 18 month to 2 years to get a decision.

IP Your VFW rep is lame. You are better off without them. They do have access to your evidence that you submit. I think I would shop for a new rep. Do you have evidence of the MST? If you have good evidence you don't need the VFW. If you have objective evidence of the MST I don't know why VFW would bail. They should not bail anyway, regardless.

I am pretty sure CHF is not considered IHD. However, I think it really takes an autopsey to determine cause of death. If you die from a heart attack due to narrowing of blood vessels to the heart even if you have CHF then that might be IHD as cause of actual death. Of course if you have DMII and also CHF due to DMII then if you die from CHF that would be SC. John

Does burial expense include transportation to a VA cemetary? The actual amount the VA provides seems very inadequate. What is it ....$2000 bucks. That will buy a pine box including knot holes. Most of us AO vets are going to die from AO contributory causes. Can spouses also get buried in VA cemetaries? John

Try getting dental care at various VAMC's on a walk-in basis. I bet they guard that service like Ft Knox. So much for "seamless care" through out the VA health care system. I bet they are guarding their individual budgets and discouraging traveling vets from dipping into their money pot. I have lived in the same place for 25 years and VA has managed to get my address screwed up at least three times. John