john999

I have an indication that the VA is processing my request for a SMC "S" claim due to TDIU plus 60%. It is happening fast one way or the other. They owe me two years of retro on this since I should have been awarded "S" in 2008. You know it buggs me because if I did not hear it here I would never have known, and the VA would never have granted it. If you don't claim it you never get it. The VA is obviously never going to look back at all the IU plus 60% awards and do anything unless the vet claims it. I bet there are plenty of vets with 100% schedular and 60% who don't have "S".

If you file a CUE it will not affect your current rating but might affect your retro rating. A CUE is heavy artillery since it can back date your rating to the time the CUE was made.

What was the reason the BCMR used to deny the PH? It seems the army and VA dropped the ball on your injury. It is really pathetic that that neither the VA nor BCMR got your records from the hospital. People think the BCMR is user friendly and I disagree with that. I found them the most adversarial of all.

File the CUE. If it gets denied you can hire a lawyer. Since this involves potential big retro you might be able to get a professional to pick this up and run with it. VSO's are usually not ready for prime time when it comes to filing CUE claims. It is beyond their pay grade. Figure that since this retro claim involves thousands of bucks the VARO will probably deny it. The BVA may deny it. So you want a perfected claim when you go to court of veteran appeals. This is what a lawyer can do for you if they know their business.

When the people of the United States sent us into combat zones or harm's way they never discussed the budget. When you get back the VA wants to talk about costs and budgets. No budget for war, but serious budget for veteran's care.

A MRI in the USA usually costs in excess of 1000 bucks. In Japan they cost about 300 bucks. Why is that since it is the same technology? Everything costs more here in America. Pills cost more and medical care costs more. So much for free enterprise.

Larry Back in the 80's I had claimed an increse for depression and anxiety and used the VFW. On appeal to the BVA the VFW argued that I was severely disabled due to a personality disorder. My claim was denied. I did not really understand what happened. I was busy trying to survive.

Getting proper treatment is not always easy in or out of VA hospitals. I do find when I use medicare and my private insurance I can get a MRI in a matter of days. The local VA has really great MRI machine, but getting the chance to use it is rare. It is always about cost and how to cut them. I do believe the VA puts cost above all other concerns.

My copy of my C-File and the BVA judge's copy were a complete mess. There was no order in time or subject. God knows what he had, but my lawyer requested a copy of the judge's file. You just can't have due process when one side has information the other side does not have. I lost my claim at that stage anyway due to the "reasonable minds" doctrine the VA interprets to their own interest. If you are going to deal with the VA long term assume the worst from them.

Retired The VA is a big, steamroller with no soul. If you are on the right side of the machine you can benefit. If you are in the direct path you get crushed. Hang in there and stay on the right side. We will help you.

I had requested my C-File and got it. This is what I used to file my CUE. When me and my lawyer got to the BVA the judge had a file about three times as big as the one I had. This leads me to question due process since both sides are supposed to have access to the same evidence. I lost anyway at that stage, but my lawyer's eyes bugged out at the difference in my copy and the VA's copy of my file. I don't think you ever get your complete file for the VA.

If my VSO started talking abou spirtual matters I would look around for a new VSO. Nobody's business about my spirtual life. Sky Pilot by the Animals is about as spirtual as I get. I have used the AL, VFW and DAV and been disappointed by all except for the Red Cross who did my discharge review hearing 40 years ago. VFW told the VA my problem was a personality disorder. That really helped me.

Wait! Did you get 6 separate rating decisions on 6 different dates? I am not sure why you filed 6 separate NOD's unless the decisions were on different dates. If you were denied on 6 issues in a decision you don't have to file 6 NOD's. You file one NOD and explain that you disagree with all decisions in the rating of xx/xx/xxxx.

If you have Tricare you don't have to depend on the base hospital do you? Military base hospitals are like the VA only worse.

The thing is that if you have medicare or some other insurance you can get a second opinion. I like having options.

I did not get a C&P exam for TDIU. There is always an exception to every case with the VA. That is one thing that is wrong with the VA. I had a C&P exam in 2001. I did not get IU until 2002. My claim was on appeal the whole time and I had filled out the TDIU form in 2001.

It is a crap shoot unless you have inside information from a friend that knows the VSO. If you have a very difficult claim I would suggest hiring a lawyer. Otherwise, you can use a VSO as a frontman, but you have to do the heavy lifting yourself. I use VSO's when I have hearings on issues that don't have thousands of dollars riding on the outcome. If you can organized your claim and get the VSO to present it that is an OK way to go IMO. If you were to just hand off your claim to some VSO that would be a loser.

You get what you pay for when you take on a VSO. You don't have to be a member to get poor quality representation.

I was trying to show the irony of the disabled vet's situation. I would much rather have my health back then I would be still at my job.

There is no quick way to get a decision via reconsideration or NOD. I did a reconsideration and it took 8 months. That is not quick if you are out of work. The VA can work through all the evidence when they sit down to do your claim. I don't think there is anything you can do but wait and don't let the one year NOD date pass by without filing. Depending on your VARO a DRO could take 6-12 months or two years.

Since you have no idea how long it will take to get your decision I would get the surgery. CTS can be helped by the surgery. If your legs are shot and your hands are curable why would you want to lose the use of them?

If you have a chronic infection that could aggravate heart issues. Dentists at the VA say if you even have gum disease it can harm your heart because the infection gets into the blood stream and the blood is pumped through the heart. How much worse if you have a severe draining infection that is chronic? Knowing the VA they will try to blame everything on pre-existing heart problem and smoking. Have you ever tried to claim depression due to general medical condition.

SSDI first! I retired on disability from the post office and then applied for IU and SSDI.

Yes, and when you get total for at least five years it gets even harder for them to reduce you.

If you have PTSD you should file on it. The stigma will never go away if people avoid filing for it.