john999

My gripe with the VSO's including the DAV is that they seem to have a different agenda than us vets. They believe that closing a claim with any kind of win is the ultimate victory. Never has a VSO sat down with me and said " Here is the plan we need to follow to get you the rating you deserve". They have always just taken the facts I have given them and run with them. When they get any kind of increase they stop and start trying to get me to drop my appeals. If I had done that I would have lost thousands of dollars. They seem to have the same disease that the VA has which is to tell you that you don't have a claim if they don't understand the facts, rules and regulations of the case. If your claim is complicated chances are they will tell you that you don't have one. There are many people here who know much more than NSO's who are paid to win claims.

I think I would go to the physical exam with a non-confrontational attitude. If they give you this exam they may find more things wrong with you that could be SC'ed. What I would do is be sure and complain about every single thing that is bothering me. I would not bother with bringing my C-File. They are not going to look at it at your exam. If they ask you to do anything that hurts tell them it hurts and don't let them extend you beyond your limits. As soon as something starts to hurt stop right there.

I think your pension will be offset by any SSI or SSD you get from the government. It is a small amount of money so if you can come up with possible service connection that is important.

You should be seen by a neurologist. There is no way to tell what the VA will come up with on who examines you. Getting your own neurologist to test you is the best idea. When I had an EMG at the VA they did an awful job and the results were inconclusive. You have to take responsibility for getting good evidence.

I have heard the same thing about tramadol and ssri's. Not a good combo. I took tramadol but it was too weak. Tell them you want oxy heh, heh or a patch like fentanyl. Do you go to the pain clinic? If you are not going to the pain clinic they don't take your pain seriously.

If you are talking about a decade of retro and their are legal questions I would hire a lawyer if I were going to go beyond basic VARO level appeals. The VA is apt to just deny the claim because they don't want to be the guy who makes an award of a couple of hundred thousand dollars. Even when they make gross errors the RO and even BVA don't want to be the ones to hand over multithousand dollar awards. When and if you get to the Court of Vet appeals you want the product that goes to the court to be perfected long before it gets there. Your claim is stirring debate here at Hadit,so you can imagine how the people at the VA see it. The first thing they want to do is CYA for a big award. From experience I can tell you nobody wants to grant huge awards. I can imagine some VA boss saying "I don't care if it is a good claim. I am not paying some damn vet 200,000 bucks on my watch".

Since you may be waiting for a while how will you live while you wait? This is a big factor in many vets not wanting to apply for IU since they have to wait maybe a year to get it. If you can arrange a money flow while you wait you won't lose 30 pounds due to worry.

Her partner could put her in a will to get the houses. Why does she have to be on the deeds? I can see something fishy here. If she is not putting up any money why is partner adding her name to the deeds? There is potential liability since if someone were to get hurt on the property she would be sued as well. Where do you buys houses for 5000 bucks except slum lord housing? I don't believe in the tooth fairy. What about property tax? Who pays? I was on a deed with my brother and took my name off the deed because of tax and insurance.

This should not effect her DIC or SSA. If she is going to be getting earned income it could decrease her SSA if she is under 70 years old.

You get a separate rating on each limb.

If your back gets worse you can file for an increase next week or next year. You need evidence to show it has gotten worse. You need an MRI now and another MRI when it gets worse to show the progression of the DDD. This is how I would do it to get a baseline. Don't tell anyone at the VA that your back in better. Do you use the VA pain clinic? My back is like yours. It gets better and it gets worse. I never tell the VA "oh, yeah, my back is feeling a lot better". A statement like that will haunt you for 40 years.

Berta I got "S" under Bradley as a CUE being that I got an extra 60% in July 2008 (I was already TDIU since 2001).

The main thing for you is to get good treatment for the PTSD and for any other injuries you have gotten in Iraq. If your treatment at the VA is not good I would try and seek out someone who can help you. The thing you most need is to be able to build trust and that takes time. Do you see a VA psychiatrist as well?

I had a lump on my leg and the VA did a CT scan. They found calcification of arteries in my legs. This did lead to a DX of heart disease. If you can find some reason to get the VA to do a CT scan of your legs and they find hardening of these arteries that is good indication of future problems with either stroke or cardiac problems.

Yulooking Do you have a lawyer? We are talking about a lot of retro. It might be worth to hire someone to help.

What I have seen is the PTSD exams now have a work sheet that has a check list of symptoms. It seems very mehcanical. I guess I would want to see that checklist ahead of time.

PN can be caused by exposure to chemicals (agent orange) and to injuries to the spine. I have never heard it being related to alcoholism. I think that doctor is trying to invent a reason to discourage your claim. I bet he thinks most vets are drunks.

Well, my percoset was brought down to 4 a day from 6. They told me this is because I take fentanyl patch. I understand that they are worried about the tylenol in percoset. I do agree that the VA has turned on their heels and are averse to prescribing narcotics now. They are getting heat due to all the prescription drug abuse. The thing with the labs is probably just something to save money. The VA has a cookie cutter approach to pain control. After 6 years of being on narcotics I was told it was all a mistake and I should never have been given narcotics for all these years. Would that be malpractice?

I would write it on a Statement in Support of Claim form, but it is that easy. Then you must provide evidence that your condition is worse. The VA will help you with a C&P exam, but I would sure want records of my own to submit as well. Send it certified/return receipt. You will have 6 months to a year at least to get all your records together since the VA is not that fast. You should get a VCAA letter. It should tell you what you need for all the conditions you are requesting increases.

Since you were rated has the numbness moved up your arms and legs? Have you ever been examined by a private doctor? Have you had wounds on your feet that have not healed? Your feet is where the real trouble will probably occur so have you had your foot circulation checked by a vascular surgeon? Have you looked at the disability schedule for PN to see where your symptoms rate on the scale? I would file for an increase.

I would file now. It will take a while and you can get records together as you go. I would get back in treatment as soon as I could at the VA. You want to show via your documentation that you are getting worse. The VA is probably going to give you a C&P exam anyway.

A few years ago I had a VA PCP that would write anything for me. That did not last as that doctor moved on and I got one who won't write anything. It is frustrating. I have to go and get an IME or IMO if I want to get anything.

Sip Have you visited the Bay Pines office to see if there is a problem with your DRO request?

I think it is best to ask for a personal hearing with the DRO and not just a review. You can bring your spouse or significant other to testify about how your disability affects your everyday life. You also get a chance to look the RO in the eye. These guys are not bleeding hearts but if you make a good impression on them I think it can't hurt. Also, you can make the case clear to them and avoid these miserable little misunderstandings that delay your claim for 5 years.

You know I have water proof containers in case their is a big hurricane and we have to evacuate since I am in a flood zone. Save the proofs of my claims and leave the rest. Consider that our entire C-Files are just paper which can burn or get wet. I don't know where they store our files at St. Pete but if it is near the VARO that whole area is in a flood zone and would submerge in a Cat 4-5 hurricane.