john999

Here you have all these senators swearing that cost is not the issue with AO claims when, in fact, that is all they are concerned about by their other statements. Sure, after 40 years it is hard to tease out how big a factor AO has in IHD. Why did they wait for two decades after the war to even begin the presumptive awards for certain conditions? The VA does not do independent studies funded by VA money regarding agent orange. They use studies done by others. I think this hearing just shows that as far as the senate is concerned the only good Vietnam vet is a dead one. They did not mention the number of Vietnam vets who are alive today or who will be alive in 10 years. Clearly, cost is always the factor and if congress could get their hands back on the AO issue to make it harder to get SC'ed they would do it. Senator Webb is the worst of the bunch. I am surprised he survived his tour in Vietnam. I wonder if he was as big an xxxxxxx in Vietnam as a junior offier? He now lives the most privilged life and stabbs in the back his "brothers" in Vietnam who are mostly just surviving. Semper Fi, until you get to be a senator. Bernie Sanders is our only friend. He asked the most obvious questions about studies done on the Vietnamese population. Nobody knows anything about that and I think they lied.

It sounds like they are going to do the exams and development for all your claims before you get paid. They want to wrap it all up in a ball. If you have more than one claim the VA often does this.

Probably it wont have any affect on your current approved claims. You just won't get the earlier effective date since you have to file to reopen the claim for the back. There is always a chance of a review but since you are IU I doubt it.

Do you know that even if the VA did not include appeal rights in a decision that is not a CUE. No matter how unfair a decision may be the BVA says that does not rate as a CUE. I sometime can't get my mind around the concept. Even if the VA did not consider SMR's they say unless those records would have changed the outcome of the decision then there is no CUE. You are sort of asked to prove a negative. The CUE is an imaginary creature like the unicorn.

Iron If it was me I would take the new evidence and hand it to the St. VARO and get date stamped copies. They get 10,000 pieces of mail a day. They would lose their asses if they did not sit on them. I know these people. Every claim over the last 40 years was denied or deferred the first time around. They don't even read your evidence half the time. The other half is spent spinning it to find a reason to deny.

I would say that if you are really sick no way in hell should you go to VA ER. They may kill you. If you have any other options use them rather than subject yourself to VA ER.

If you don't have any evidence in your file or that should have been in your file when this decision was made that would rebutt the VA's denial you are probably screwed. CUE standards are very strick and lofty. The VA just used my military records and VA hospital records. I did file a CUE because they excluded medical information form my file. You have nothing to lose by filing. It will take years if you want to pursue it.

If you file now for IU when he does meet the criteria then they pay back to the date you asked for IU. This could mean a few years of retro IU. Which ever way they go 100% schedular or IU you get 100% benefit. You should always try for earliest effective date on any benefit. If the VA inferred it I would file for it.

Gena I think you are doing the right thing dumping the DAV. The average NSO is just a knucklehead that knows less than half the posters here at hadit. What you need is a strategy to win and maximize your claim not to just file paperwork like DAV.

The VA rated me 0% for vascular artery disease. I appealed and got some more tests and got 60%. The decision that gave me 0% was incompetent and the one that gave me 60% was incompetent. I just appeal the ratings until I get something. It is like rolling dice. You have little to lose and much to gain by appealing every rating.

If it was me I would fill out the IU form because when you get 100% it becomes moot, but in the meantime you might collect TDIU. Never turn down a chance to collect. Take the bird in hand.

You probably need a lawyer to actually get any money out of the HIPPA violation. I don't know if you have to show damage or not. There are a lot of laws on the books, but the remedies are not so easy to obtain. A doctor hurt me in an operation. Because I am already disabled I can't claim lost wages. Since they did not have to cut off my foot nobody wants to represent me in malpractice case.

In the words of Sgt Bilko "money from home".

Ask for the traveling board hearing. I got mine in about less than one year. Then about 8 months for a decision.

The truth is hard to hear even for a judge who thinks he is God. They all have the God complex.

Bradley got them shook up plus a host of claims are coming down on their heads for TDIU because of websites like hadit that tell vets their rights. I think that VA is going to try and wriggle out of the TDIU/SMC benefit. I am 90% with TDIU. I would not be surprised if I don't get an increase to 100% for all six disabilites that make up the 90% to blow down the 70% rating for a single disability that I got IU for and entitles me to the SMC. Either that or I am dragged in for an exam. It sounds like they are going to make getting TDIU harder while ignoring 4.16b.

What you might want to do is get what is called an independent medical examination from a psychiatrist to support a DX of PTSD. There is some problem now about who can DX PTSD. The VA says they are the ones to make the DX. If your VA shrink would say this vet has PTSD that would help a lot. As you say the symptoms of bipolar and ptsd can be similar. Even the meds can be similar. The VA often gives ptsd and bipolar patients the same meds. When you use a private doctor he needs to say he has reviewed the vet's service medical records. This is a buzz phrase that needs to be in the report. Keep posting because others will have good advice. If he is disabled due to emotional problems and has the CAB he should be able to get a DX of PTSD. I would read all about PTSD. The VA has recently started saying this or that combat vet does not have all the symptoms of PTSD. This is crap but a tactic to deny for ptsd specificaly. Since he was never treated or DX'ed for bipolar in the service then ptsd is the goal to shoot for for SC. The more evidence you have for ptsd the better. Your husband should really open up about incidents and stressors to his shrinks. He should describe the events that he relives and dreams about etc. Look carefully at symptoms for ptsd. The way it is now he needs to have most of them. Some may disagree about that. If the VA is playing games they look for lack of certain symtoms or signs to deny ptsd. The VA sees a wave of potential ptsd claims coming at them and I belive they are trying to get out of the way. You don't want to lie or invent things but you must have symptoms that relate to ptsd. Can I get an amen on that?

There are ways to get around that 12 year rule. If you can show that due to your SC conditions you are no longer able to really do your present type of employment you can get a waiver on the 12 years. I did it. I would also file for an increase.

What you should try and get from the private shrink is a letter saying that he believes your husband is suffering from PTSD and that his is due to his combat service in the Gulf. This would help pinpoint the PTSD dx while backing off from the bipolar. You can have PTSD and bipolar. If he was not treated for the bipolar in service then it muddies the water for the PTSD claim. However, claim the PTSD. Do you have SMR's for your husband. Your private doctor should review these and then make the PTSD DX. You have to start with what you have. File for TDIU as well.

Retired You need to fire the DAV and hire a lawyer. Your VSO is going to be your worst enemy by giving you incorrect information. Unless you can fly Larry to your house so he can represent you I would get a lawyer. Claims to do with chemical exposure always seem to get complicated. The more evidence you can get the better. If you have to get 5 IMO's then do it if you can afford it. Evidence, evidence, evidence is what wins claims! That drug Zprexia, like all anti-psychotic drugs, have very powerful side effects. Some of the well known side effects such as Tardive dyskenisia can become permanent. This is the medical/chemical approach to all emotional illness. I hate it. The doctors always over prescribe this stuff. Seroquel is another ass kicking drug that is for bipolar and schizophrenia. It is not for sleep problems or anxiety. It is an anti-psychotic drug. I am talking about people who are crazy should be the only ones taking these drugs. Going all the way back to the thorazine type drugs these drugs are the alternative to being strapped down on a cot in a mental hospital. These drugs save lives but at a cost.

People at the VA who allow dirty equipment to be used should go to jail. This would light a fire under their sorry asses to do the right thing. I would never go for any colonoscopy at my VAMC. I even worry about them taking blood or doing dental work.

Get the TDIU paperwork and file it. I filed when I was 30%. I was appealing that rating. I got 70% eventually and the effective date was the date of filing for TDIU. You will probably need more evidence but file the TDIU form. Just ask Larry. The DAV guys are as brainwashed as the VA employees on TDIU. If you can't work due to SC conditions then you are eligible under 4.16b.

To protect the earliest effective date you want to have the claim reconsidered with your new evidence, or if that fails file the NOD within one year of your decision. Your effective date should go back to the day after discharge on this original claim for skull loss. The first year after discharge is very important. You want to get all your claims in during that year. I filed a claim during first year after discharge. It took 2 more years to get the decision but it went back to the day after discharge for compensation purpose. Even if you end up in appeals when you win it goes back to day after discharge.

Raybob We have a guy here at hadit who won a very large claim based on skull loss. He got massive retro back to the 1970's I think because the VA did not adjudicate his skull loss claim and it remained open for years. Maybe he will see this post. I would probably ask for reconsideration since your in the one year from decision time period. Just remember the NOD clock is running. Show them the evidence. The VA misses these kinds of things because they are not looking at the evidence. Who did the C&P exam? Was it a doctor or a PA or NP?

Webb is trying to get to the right of democratic moderates so he can say he is saving money. Of course, he is trying to screw veteran brothers. No big deal for a politician.