john999

I was a federal employee who retired on disability. I also had paid into SSA for years. My federal disability pension was reduced by 60% of my SSD. If enough of these budget cutters get into power they can do anything. Just because some politicians wrap themselves in the flag does not mean they give a damn about veterans. The dream of many of these politicians is to gut SSA and medicare. They would not mind gutting the VA compensation system either. As long as their corporate masters don't have to pay taxes they would sacrifice all of us.

I would go to the VARO and try and find out why your claim was deferred. It may be something simple you can provide to the VA. Mine was stalled while the VA waited for a form from my former federal employer. I had a copy of the form and provided it to the VA. This probably knocked off 6 months in decision phase.

Bachman's plan will generate discussion among disabled vets. The discussion will revolve around tar and feathers.

Your foot is in the door. Now if things get worse you will be in a good position to ask for an increase. Stay in treatment and document your PTSD symptoms. Even if you start to feel better keep getting treatment at the VA. Ten years from now you will have a mountain of documentation and you may need it.

I think if you have a claim where you feel you are over your head it might be a good idea to get a lawyer after you get denied and file your NOD. Some of the chemical poisoning claims and CUE claims are examples of claims where a lawyer might help if you get into legal questions and not just evidence.

What we have to fear is the crazy vet who does not warn the VA in advance, but just walks in with a gun and starts shooting. I think it is bound to happen. I have no confidence that VA cops I see would be able to stop someone on a mission to kill. Even you even raise your voice at my VAMC you are apt to get sprayed and beaten.

This is SOP for my VARO. They halted work on one of my claims due to not having a DD214. I had been SC'ed for 30 years at that time. You have to stay on their backs. Just realize you have to fix things if you want it to move. The VA does not look into your file once a claim is done. This can be good and bad.

Papa I remember guys who had heart condtions in basic. They just ran them til they passed out and half killed them. I feel they are just trying to bS CAV. I knew many guys who were given the choice of jail or the army. Talk about anti-social PD. During the draft era if you had a pulse you were sworn in as fit. We got what they called a physical exam. You would have to have TB or bubonic plague to be ruled unfit.

A personal hearing is not necessary as long as you don't want to win your claim. I would ask for the personal hearing and do asa Berta says to get your VSO to appear or to get there my hook or by crook. I had no luck with the DRO Reviews. You want ot speak to someone face to face.

My CUE was made at the VARO so that is where I filed it. You file the CUE where it was made. It may end up at the BVA or court, but you start where the CUE happened first.

I asked to see my C-File when I had claim for IU at the DRO, or so I thought. It turned out that the VA was going to ship my claim to the BVA. I found this out when I went to look at my file. I got them to stop waiting for a BVA appeal and do the DRO as I had asked for in the beginning. I also found a very serious potential CUE issue that is at the CAVA right now. It did not slow my claim down one bit. It pays to view your C-File and to even get a copy. If your claim is in initial stages you have littlae to lose by getting a copy of your file. You might have some other vet's information in your file for all you know.

Good God, what ignorance on the VA's part. DMII is presumptive for AO exposure and all "boots on the ground" Vietnam vets are considered exposed. Of course, the VA did deny a claim of mine saying I was not a Vietnam vet when I had it on my DD214. I got SC'ed for DMII 35 years after RVN, so file your claim. Get checked for secondary conditions as well.

I would like to see the waiver where it says you were on lithium, but the army is going to take you knowing you were on anti-psychotic medications. I think they are damning you out of your own mouth and have no evidence other than what you have said. Lithium is given to those who are bipolar/manic depressive. I can't believe they would waive something like this. I think they are just making it up to discourage you. Why were you on lithium as a young man?

The fact our C-Files are on paper is 19th century in a 21st century world. Why are not our files online so that they can be accessed. Answer: It would cost too much to scan them.

Larry When you claim the VA money from the VA they get creative. To this day they still get my records mixed up with other people with my same first and last name. Hey, I have a claim number and SS number.

They will say you came to them as having pre-existing bipolar condition. I am pretty amazed they took you under those conditions. However, by taking you they are stating that you are OK. How long did you stay in the service? If you were in for more than a few years I don't see how they can blame it all on pre-existing condition. You could also claim that your injuries have led to depression and chronic pain syndrome. How in the world did they find out you had been taking lithium? Did you tell them this and they took you anyway? You must never mention anything that happened before military service to the VA again in your life. Your life before military should be a closed book. They will pound you for these admissions.

If you are working and you have a rating of less than 100% for physical problems it is going to be very hard to get to the 100% rate. I am rated 90% TDIU. I have 7 SC disabilites and the closer I get to 100% the harder it gets. VA math makes it hard. If you can get a rating of 70% for PTSD/TBI that would put you in a good position the day you find you can't work anymore. It will make getting TDIU much easier than starting at lower level of disability. The maximum you can get for a mental disorder and still be working is probably 50-70%. If the VA grants 70% then know it is a matter of time before you pull the TDIU plug.

Here is the thing: The congress has underfunded the VA for decades. If congress wanted real change at the VA they could get it. They don't want to spend the money. The congress does not respect us. They take us for granted the way some people treat their dogs.

The VA is too cheap to send it certified/return receipt because they just don't care. They sent a toilet seat to me certified mail. I guess a letter of denial for benefits is of less import than a toilet seat.

Why not run all this by a veteran's lawyer? They fight hard if there is a lot of retro. The VA will keep you running around on this for years. Proving the VA did not send you a letter is like proving a negative. There might be another loophole we are not aware of since we don't do claims for a living.

I got a 0% rating for heart, so I wonder if both of us have a Nehmer claim since we were not actually denied just low balled? I got 60% on appeal.

Is a 0% rating for heart the same as a denial?

Unless the Chiro made a diagnosis and made a clear nexus statement backed up by medical facts I am not sure it will help you. It might hurt you if the Chiro is speculating after a few visits. You are saying the Chiro said it was "subjective" regarding the causes of your pain. That is very weak and falls under the heading of being speculation. My question would be this: Did you continue to get treatment for your pain after the first few visits? All good evidence helps, but be sure it won't hurt. The VA jumps on medical statements that use words like "subjective", "perhaps", "might or may be".

If you make threats it just bolsters the C&P exam DX of anti-social personality. You can have a PD diagnosis, but have depression superimposed on it. You need to stay on good side of your VA shrink if you want them to help you. Letting them have it gets you nowhere. Whatever you do don't lay hands on any of these people or make threats to the staff directly. Blowing off steam to your shrink it not so bad. Just don't threaten him/her.

The thing is on my past AO claim I got a 0% rating and then 60% on appeal. I don't even know if Nehmer would help me. I will have to call the lawyers to find out.