john999

I found the long acting morphine to be intolerable. I know the VA does not prescribe oxycontin in my VAMC. I think it is to do with cost. They have two drugs for long term pain: morphine and methadone. What I do know is that if you have chronic pain you will have to increase the dose of narcotics over time. The VA is reluctant to do this. They worry about OD's of long term pain patients. I think it is just CYA and not genuine concern for patients. Last time I went to the VA they told me that narcotics for chronic pain is the worst possible treatment. What do they have to replace it? They want me to take anti-depressants and the anti-seizure drugs like neurontin and topomax. I take these drugs and I can't get out of my bathrobe for three days. I know guys who have severe pain need something besides dope and anti-depressants. If you can't sleep at night or sit still due to pain most people will take anything to get relief. Private pain clinics I have seen want to do procedures. In Florida where we have continuous scandal over unregulated pain clinics all pain management doctors I have seen are scared to death of DEA. 4000 years and there seems to be no real alternative to severe chronic pain but narcotics. I just don't get it. Medical science can keep people alive whose entire organ system is failing, yet pain treatment for chronic pain is just hit or miss. Oh, yeah, the VA said I need to take vitamin D. Yes, and I need to lose weight and floss twice a day.

Stroke is not on the presumptive list. If the vet was SC'ed for high blood or heart then I can see it.

Percoset is oxycodone with tylenol. It is for the break through pain and the morphine is supposed to be long lasting pain control. Maybe you could get them to give you methadone instead of the morphine. I could not stand the morphine due to your problem and it tore up my guts. How many percoset do you get? I think percoset is stronger than what you get with loritab. I take fentanyl via the patch. It does nothing as far as I can tell. Is the VA giving you pressure to get off the narcotics for long term pain control? They have nothing to replace it with really.

If you talk nice to ChampVA you can get a result. They are not as bone headed as the rest of the VA probably because they are small. They remind me of the VA insurance. Easy to do business with and fast unlike rest of VBA.

Say you are appealing lack of application of bilateral factor to your disability. You disagree because you did not get proper rating. Spell it out for them in your NOD. Have you run the numbers yourself to see what you would have if they included the bilateral factor?

If you appeal and win the denial of P&T the effective date will be the date of the decision to deny. I appealed when my P&T was denied. Get the medical evidence that you are permanently disabled. We both know that anyone over 55 who is 100% disabled will never return to work. Who would hire you?

. Then they deny it and let you appeal to the BVA. In my CUE the VA just excluded evidence they did not like. The DRO agreed in person but denied it on paper. It would have meant retro since 1971 to 2002. The VA likes to play the "four corners" defense and run your clock out. Since in your case we are talking about 12 years of retro I would not be surprised if they find a way to deny your CUE. When BVA denied my CUE my lawyer could not believe it. He saw a giant paycheck flying away. Now we go to the Court of Vet Appeals. Your VSO would not go the extra distance on something like this I think. Most can't even recognize a CUE when they see one ( I have a hard time myself). You look at a decision and know it stinks but is it a CUE? Good luck with this thing and keep us in the loop. I have won a CUE before as have some others here.

If the VA denies you again hire a lawyer. I assume you are going for 100% or IU. The lawyers like to take these kinds of claims since the retro is usually large. It seems the VA is just looking for an excuse to deny you because it is easier to just continue to deny than to read your claim. With the hospital records I just don't see how they can deny unless they say you cannot prove the wound came from hostile fire.

When you go to the DRO Hearing be sure to say "What was that you said? I can't hear you. Stop whispering. Why is everyone whispering all the time?"

I think the DRO holds cards pretty close to their chests. They want the hearing to go fast and easy. If they tell the vet that they are going to get denied their may be trouble. If they tell the vet they win then they get heat from their bosses. I had a DRO Hearing on my CUE. It all sounded great, but was denied. It was the same with my BVA Hearing.

Right, and the IMO is the key. It makes sense to me that anxiety could cause upset in digestion system. When you are really uptight your gut stops digesting.

Bronco But are they saying you have HB for NSC condition? Sometimes NSC conditions become SC. That has happened in my case with time. Can you get a NSC pension benefit if you are 100% SC? That puts you over income limit does it not? DSGR It is a big game we have to play to get benefits. If you are not smart and able you can get the benefits.

You can disagree and say your HB should have been for a SC condition. You were approved for HB for NSC pension. You disagree and have evidence that your SC condition is what makes you HB. Where there is a will there is a way. What did the VA say you were HB for and what do you say you are HB for? I think this is the way to go since the statutory way is going to be hard and the VA will quibble with your rating.

Ranger Even if you are able to record your c&p exam the doctor can still attempt to screw you by putting his own spin on every word that comes out of your mouth. You could arrive at the exam in a bathrobe with a rubber duck on your head and the doctor will state " veteran is appropriately dressed and is oriented 3 X 3."

That word "undebatedly" was used to deny my CUE. The other thing they used was the fall back position of "oh, we made an error,but it would not have mattered anyway". The VA abuses the word "undebatable" to mean any particle of evidence that is contrary to your argument. If you have 40 doctors who say you have a nerve damage and one VA nurse says you don't then it is not undebateable. I am taking mine to court since reasonable minds would not debate something like this. Only the VA who has money to lose would debate it, and they will. The VA also says that no matter how unfair a decision may be that does not rise to the level of CUE. The CUE I won was one where I had a rating that entitled me to a SMC and the VA did not award it. I think for most the CUE law is a hoax.

Who knows but they must be considering you for hearing loss. I would go to the exam. What was your MOS? Were you exposed to a lot of noise in Vietnam?

You need to present evidence you are HB due to SC conditions.

That makes no sense at all! The BCMR is supposed to correct records. If they can't award you the PH I don't know who can. I can understand them wanting the records to verify the information, but they make the corrections. Some clerk made a mistake.

You should ask the BCMR to award you a PH for this injury. If the VA denies your CUE I would hire a lawyer and take it forward all the way. Your claim is very well put together.

I had the same experience.

When you build the supercomputer please ask it this question: " Is hot roast beef better than cold roast beef sandwhich?"

I agree with Berta. You need to get treatment before this thing eats you alive.

So you discharge was general under honorable conditions or LTH? I am asking to think about what kind of burden you will have to get your disability rating. If you are using your conduct as proof of an assualt and stressor you need to show rapid deterioration of your conduct after the assualt. If you don't have direct evidence of the assualt this is going to be a job. You have a DX of PTSD from the VA, right? I agree with what Carlie said about getting a doctor to review all your records and connnecting all the dots. This is the only way you can do it after all this time I think. Have you been in trouble with the law since you got out of service? If you have record of trouble in service and trouble with law after service the VA C&P doctors will say you are a PD. This is what you have to rebutt.

When you were discharged what was the reason? Was it for bad conduct or just personality disorder? I bet your medical records say PD somewhere to justify your discharge. You have to rebutt that and explain your behavior as being result of stressor.

I can tell you from my own experience that once the VA knows you have private insurance they will attempt to bill it for everything.