john999

We are supposed to be in Afghanistan until at least 2014. That is way too long. Does anyone even know what the mission is there anymore?

I could not even get the cheapskates to do cataract surgery on me and I was blind as a bat. They gave me glasses with a lense about half an inch thick. I got medicare to pay for it and got my cataract surgery. The glasses I had got from the VA before were sort of like the ones issued by the Army.

TestVet I would claim A&A and if denied I would hire a lawyer. Why aggravate yourself doing the legal work? I think I would make specific claims, and not leave it up to the VA to decide what you might be entitled to get. Maybe you ought to go consult with a VA lawyer and see what he thinks you should ask for. Then if you ask for it and are denied hire him/her to get it for you.

If I got low balled or denied on valid claims I would appeal. Just the appeal can mean the difference between getting SC'ed and getting denied. They are not going to take back the 80% just because you appeal a few issues.

Geo Send the money to Hadit instead of the DAV. What did the DAV do for you? If you are not working I would file for TDIU without delay.

If the VA had your service medical records and did not review them in your decision that would be a CUE. It seems absurd that they would not use your SMR's if they had them in their possession, but they are in a great hurry and are lazy. Are you filing for TDIU?

I can tell you that if evidence is part of the record and the VA ignores or excludes that particular evidence in their rating decision that is a basis for a CUE. It is not the whole ball game since the evidence excluded must be of such nature that it would undebatable change the outcome of a decision. If evidence of record is not listed or mentioned than it was not used in the rating. The BVA admitted that in my CUE. The VA cannot cherry pick which evidence it will use and which it will not use. If they could no claims would ever be granted. Eric Your case is hard to follow. If it is hard for us to follow here I think the VA will just stamp it "denied" and send it back to you. Hire a lawyer. Unless it is something like "you lost a foot in Vietnam. The VA says it was your arm you lost" you need help from a legal mind.

Years from now the VA will find out that all the vets who served in Iraq and Afghanistan are afflicted with some chemically induced problems and this generation will have to fight just like the Nam generation. The current wars will be forgotten and the nation "moves on" to other problems. I never thought the USA would forget Vietnam, but they have to a great extent. If you are under 50 it probably means nothing to you. Who among us remembers the Korean war?

What these congressional pigs will do is take a little bite out of some obscure DOD retirement program, and see the public's reaction. If no reaction they will propose another bite out of something to do with future benefits to veterans. If they had their way they would take an ax to VA benefits because they believe that veterans are just the same as welfare mothers. The disabled vet in a wheelchair is not a "job creator". I think Tom Payne or Jefferson said that God did not bring some people into this world with saddles on their backs and others with whips and spurs to ride them. Most in congress are the ones with whips and spurs.

Were you in for detox? Remission for alcoholism is the rest of your life. Do you belong to AA? That is the best support you can get. The VA can get you detoxed but you need a program to stay off alcohol. I do think it will help your claim because they cannot say you are non-compliant due to alcohol abuse. Also, it will unmask your symptoms of PTSD and MDD.

If someone is going to do your implants you want some dentist that has done a couple of thousand of them. If you have good bone in your jaw they should be able to do an implant.

Walt Are you a Vietnam vet? When did you get out of the army?

I think I might shop around for a lawyer in your area, Pete. I also think you are getting the bum's rush on this. I think the VA is attempting to place the entire burden of proof on you when you should have benefit of doubt. You might want to get an IMO. Thirty days is not enough time. Should not the VA schedule you for a C&P exam to determine if you qualify for A&A? The way they are setting it up you must have a doctor say you need A&A or you will get denied. I can just hear them saying "The medical record does not establish a need for A&A" when they are the ones that selectively scan the record looking for reasons to deny.

Ip56 Get a lawyer as others have suggested. These issues need to be viewed by someone who has much experience with the whole syndrome of MST. There have been other claims here that seemed totally far fetched at first, but proved to be true. The VA is always going to be suspicious and hostile to claims that are not right out of the MST/PTSD case book.

I have been working on a CUE where the VA admits they did not consider medical evidence of record. That gets you into the ballpark of CUE but may not be the whole game. The Error must be one which would have undebatably altered the decision if it had been considered. "Reasonable Minds" (VA minds) decide if something is undebatable. If you are going to BCMR after 10 years you better hire a lawyer. You are in the time guide lines, but the BCMR is not the VA. No benefit of doubt. Guilty until proven innocent.

If I depended on the VA I would move very close to a place near a VAMC and a VARO. St Pete, Florida would be ideal if the VARO were not such bastards.

There are two humps you have to get over in a CUE at least. These are the concepts of something being "undebatable" and "reasonable minds". Those are massive humps.

Federal worker's compensation pays for my private mental health care even though I am TDIU for MH condition from VA. The only good thing about getting care at the VA is that you create a living record of ongoing treatment that is easily accessable to the VA. My MH treatment at the VA is poor, but I go every three months and get my meds and chit chat for a few minutes. This keeps you in the loop.

Every surgery has its own risks even what doctors call minor surgery has risks.

The VA loan is a great thing. I was able to buy my house with no money down and just pay points. I was paying just a little more than I would have had to pay for rent. This was in 1987, of course.

Maybe you need a civilian doctor who will prescribe the kinds of pain meds you need until you get all these problems solved. You can't think very well when you are in that kind of pain.

I would file for an increase in the PN ratings as secondary to the DMII. The standard rating for PN is usually 10% for each limb, but you can get rated higher than that if the evidence shows it is getting worse. Do you use the VA pain clinic. You could also file a claim for chronic pain disorder/depression with is a mental health issue. Have you been tested for PAD? If you have IHD you could have blockages in your legs. Do your legs cramp up when you walk. You know the big danger with PN and or PAD is amputation. Do you have a private podiatrist? If you can get the VA to do a CT scan of your legs it could show how bad they are due to the calcification in you limbs. I would file for the PN in my hands as well all secondary to DMII.

This is a major benefit since even if a person declares bankrupcy they cannot get out of student loans. Do you have disabled vet insurance. You can get a waiver on premiums. 10,000 in free insurance is enough to give you a nice send off with money to spare. I think that amount is way too low. Life insurance is supposed to take care of your dependents.

Are you permanent and total? If you got Chapter 35 benefits you are P&T. This has many benefits for your dependents. I was on SSDI and yet it took me about 18 months to get TDIU. I was rated 70% and I had to get extra IMO's to get TDIU. Then I had to get another one to get P&T. Two years is not a bad timeframe for the VA. It is not as easy as some may think just because you are unemployable and it seems obvious. The VA can throw a monkey wrench into that thing in a hurry.

I had a heart exam done by a PA. If she did not know something she just guessed. I was rated 0%. I appealed and got some tests and got 60%. The exam I got from the PA was a joke. I think the cardiac doctor must have a rubber stamp to sign off on these exams.