john999

That would be a maybe or maybe not since only your father knew what he did with those records. He may have used them all to get SC. They should be in his C-File if they still exist. He may have kept them in some file somewhere. My father's records are gone with the wind.

If you have more than one issue your claims may be granted or denied in whole or in part. Your claim may be remanded in whole or in part. You have to wait for the written decision and read it carefully for the conclusions and how they got there. Even if you are denied they give you the tips and hints about how to win in the future.

Is this an extension of Cushman where due process for vets is affirmed?

71M10 Yes, doctors are scared to death of being involved in any legal question because they are afraid they will be called to testify. My private psychiatrist was called to testify in another state due to fact of an opinion he made that a patient should not have been discharged early from a local hospital. The patient killed herself. Now he is involved in wrongful death case.

Pete Yeah, I know these VARO's fight the CUE concept. Asking the VA to CUE themselves is a techique Berta talked about to try and speed up correction of errors that are clear cut in a decision. I won a CUE when I got "S" but I never asked for a CUE. I just asked that the VA grant "S" and retro due to Bradley v Peake. The VA called the CUE. I am in year 6 on the CUE I filed where VA just excluded my doctor's opinion and all positive evidence. Pretty obvious mistake but they don't think so.

The federal government civil service offers a dental plan. It is piss poor as most group dental plans. There is a yearly maximum which equals one crown or root canal. Your premiums equal your max benefits or just about. The fact VA and ChampVA refuse to pay for quality dental care is just another failure in the health care system since VA preachs about oral health but won't pay for it. Any vet with DMII or heart conditions needs quality dental care since we know oral infection can become systemic infection. Half of the public has some stage of gum disease from just a little redness to roaring infections that require surgery to cure.

You have to appeal and get some more evidence. I was granted a 0% rating due to a PA's C&P for heart problems. I appealed and got some more tests and bumped it up to 60%. The C&P done by the PA was grossly inadequate, so it was not that hard to defeat. They will be having janitors doing C&P exams soon.

Ask the VA to CUE themselves. Since the mistake is obvious maybe they will call CUE on themselves. You can't file a CUE claim on your own behalf because you claim is not final.

Your foot is in the door and now kick it in for 100%.

I don't know how anyone wins a Gulf War claim.

In 1976 the military and VA probably did not belive MST could even happen in the Army. They did not believe in PTSD. I remember that in early 70's vets did not get true psychiatric discharges unless they were insane.

Bob is going to get about 45 years of retro for his PTSD claim one day.

To get SSD you need a certain number of quarters worked where you paid SSA out of your check. This may be the problem, but I would see the SSD lawyer to make sure. SSA will tell you anything to get rid of you. If not eligible for SSD/Medicare would you be eligible for medicade? John

I wrote my congressman and it did little good. I got the VA Secretary's Email address somehow and that worked for me. If my lawyer says don't involved the congressman I would do what he/she says. You don't want to go against what your lawyer is trying to do.

Your rating is for Chronic Adjustment disorder. Chronic means permanent in my mind. I think you will be OK with that DX. I would not try and work if I were you and never mention that word to your VA doctors. My VA DX has changed many times and includes MDD, Schizophrenia, PTSD, Panic Disorder and a few others. It is really your symptoms that matter, and you have major symtoms plus your physical disabilites. Keep posting. I think Wings may be right about not messing with success too much. I know it is awful to be disabled at a young age. Take some classes on your own and don't tell the VA. Are you able to get around on your own at all? You should try the quality of life program since it was made for guys like you.

To get it out of AMC is good. Having a decision is good. If a lawyer thinks you can win with what you have go to Veteran's Court.

If the VA will not provide the drug go see you congressman. If that does not work go to the media. The military of the United States poisoned us. They are responsible for treating us. I might even go see a newspaperman and sit with him and tell your story. They often love to beat up on the VA. This is if the VA says they can't provide this drug. Sometimes they will provide very expensive drugs. I have agent orange conditions and I don't intend to go quietly if the VA tells me to get my affairs in order. The VA is responsible for your treatment not your private insurance.

If your rating says no future exams scheduled then that is an indication you are P&T. Ask for vocational rehabilitation. Tell them you want to be a lawyer who sues the VA for malpractice.

In my experience the VA respect the MD more than the Ph.D. In Florida they have to treat a clinical psychologist with the same weight as a psychiatrist, but I still think they give more weight to a MD. They gave more weight to a psychiatric attendant than to my board certified Ph.D. psychologist in my CUE claim. I was seen by a VA shrink for ten minutes and that was what they used to decide my old claim. They just ignored the full report from the psychologist who had seem me for 6 months once a week for an hour and a group therapy. I used a former VA psychiatrist for my TDIU P&T claim. That was a IME/IMO that hit all the bells. The VARO just ate it up. They just incorporated her report right into my decision. I guess it saved them from having to think. If you can find somebody who used to work for the VA in your area that is gold.

I have SC DMII. I have to have blood tests and urine tests etc. When I go for semi-annual trip to see my PCP my insurance gets charged for it all. I have about 8 SC conditions most related to agent orange. My insurance gets charged for it all. I had a VA audit. Nothing! I get charged for pain meds and consultations even though I have SC for chronic pain due to PN. I am paying over 4800 bucks a year to insure me and my wife via BCBS as retired federal civilian employee. I get screwed anyway. I earned that BCBS and I don't want to give it up unless it gets so expensive I have to seek some cheaper plan. They call these things "entitlements" as if they are welfare. We earned medicare, SSA, and VA with our blood, sweat and tears. The whole idea of charging 100% vets for anything is a shame and a slander on us.

Dispute it through your insurance company. Send them proof you were treated for SC condition. This happens to me as well. The VA knows they are cheating you but they just keep doing it. I have been to congress person with no result. The company who pays the claim should seek reimbursement. I call BCBS and beg them to go after the VA.

The claim belongs to the vet. These VSO's are often rather feeble helpers. They take anything they can get and call it victory. I was 70% and on SSDI and DAV told me not to appeal my TDIU denial. I ignored that immediately. It took a few IMO's and I got P&T. I did all the work and the DAV took the credit.

I think you have a good chance of getting service connected by what the C&P exam doctor stated. He said your first psychotic break happened in service. The VA is damned by their own doctor. Now they may still try and say it was pre-existing because nobody wants to pay for your compensation. The Air Farce did not want to pay so they faked your records. If you had broken your back after a year they would have to pay because they took you as being able bodied. Your C&P exam is better than anyone I ever had in 40 years. He does not say you have a personality disorder so that is good. The AF erred when they discharged you with no benefits because of pre-existing condition. They have no objective evidence of pre-existing condition. What did your discharge say about why you were discharged?

Chinavet For every guy like you who wins his claim there are probably 100 who give up or never even file. John

That is two years from the date you discover the malpractice not from the time it actually happened. When did you find out the VSO dropped the ball?