john999

Gruntdaddy I just have a bad feeling that because the exam is somewhat inconsistent the VA can spin it. Maybe they won't. They look these things over with a microscope to find anything they can hang their hat on to deny a specific benefit like IU because they know this vet will never work again and will collect for years and his family will collect one day. John

Well, hell, if you are on SSDI soley because of SC conditions that is proof you cannot work. I believe the VA wants a letter saying after a careful review of your SMR's and current medical records I, doctor X, believe in my professional opinion Kami can't work. He is on SSDI for SC conditions and remains totally and permanently disabled from all work. They are jerking you around. I had a 70% rating for a mental condition and was on SSDI and I got denied for IU. I got an IMO doctor to say I was unemployable solely due to SC conditions. I got IU and then I had to fight again to get P&T. In Pete's case if the VA knew he was on SSDI that should have triggered an inferred claim for IU as soon as the VA knew it. That is what the VBM says. Any information the VA gets that you are unemployable due to your SC condition should be ajudicated as a claim for IU. They are a bunch of swine.

Working usually has an impact on a rating because the VA believes if you have the wherewithal to work you can't be that bad even if you drag yourself to work full of pain pills and barely make it home. I would study the denials and approvals and NOD all of them. You can be specific as to why you should have gotten a higher rating or any rating or denial. I went from a 0% rating to a 60% rating based mostly on just filing an appeal and getting in front of a DRO. I think TBI and ability to work would be a factor. They must think that your mental functioning is good enough to work and that is a strike against any mental injury or disorder in my experience.

Testvet I have a 70%, 60% and five 10%'s with bilateral factor in four of the five 10% ratings. I still come up with 90% and IU. Since I will never work again that is ok with me, but I somehow think I should be at 100% given the bilateral factors on both feet and both hands. The only thing is that the 60% rating is not a permanent rating, so it could change up or down. If it changes up I will be looking at the world from six feet under the surface. That whole issue could just go away. It is a heart issue. I am thinking about a heart MRI or CT scan. Even if I pay for it myself I would like to know if I have a blockage. The VA won't do it. Just the stress echo.

If the VA has possession of this doctor's report and the information is not redundant or irrelavant then I think it is an error not to include it. The VA has a responsibility to examine all evidence in a claim before they make a decision. To me that would be the basis of an appeal.

I think I agree with Broncovet. I never delayed filing claims and I don't believe it made any real difference in my wait time. I asked to see my C-File, and it saved me about 2 years by not going to the BVA. One is a new claim and one is an appeal. Just be sure you get a VCAA letter on the footdrop so it does not get lost. If you don't get a VCAA letter for the footdrop then something is wrong. Unless the VA is going to put off the DRO until they can develope the footdrop and rate it I don't see why this new claim should have any impact on existing appeals. I could be wrong because with these people it is hard to know what their logic is sometimes.

If you wait to file for the SMC for foot drop then your effective date will be later. Are you filing your DRO for an EED for something besides the TDIU. What kind of money are we talking about because it is all about money. I don't know if a new claim will slow down your DRO Hearing or not.

Navydoc When I mentioned about the VA pouncing on a few words to deny or lowball a claim I speak from my own bitter experience. They will dissect your doctor's letter and take one sentence out of it to deny or lowball you. The GAF of 50 could be enough to get you 70% and IU if everything in the doctor's report adds up to match the mental health disability work sheet. It does not have to match perfectly, but it should be consistent. If the doctor says you can't work then he should say why you can't work and relate it soley to your SC conditions. No mention of NSC conditions. You probably need your own doctor to write a letter for you (private doctor) where he lays it on the line. For instance "Patient rarely leaves the house, forgets to bath, stays awake all night checking doors and windows, believes his neighbors are talking about him etc." If you are paranoid and depressed this is the kind of thing that will get you to IU or 100%. You don't want your doctor to say one good word about your emotional condition. I am not saying to lie, but your doctor should present the worst possible portrait of you to the VA. In VAland everything good and normal is bad for you.

It seems to me that the GAF and the statements of the shrink don't go together. Occassional problems with work don't really go with a GAF of 50. A GAF of 50 means you have serious symptoms and more than occasional impairment in work efficiency. The shrink says you cannot work, but have only occasional inefficiency to perform occupational tasks. That does not make sense. I think he means well, but the VA will jump on certain phrases.

I can tell you that states in the sunbelt are slow because there are so many vets living there like Florida. Now you can expect the large population states to be slow, but some of the other small states are slow as well. A friend of mine lives in Idaho. He says the VA there is horrible. There is no "good" VA.

The thirty minutes spent on your childhood was 30 minutes looking for a personality disorder. I hope you told him you had a wonderful childhood, loved your parents, loved school and never drank or took one toke of dope, or got into a fistfight. I know about this since I had an exam where the doctor asked those questions and I made honest answers and got a anti-social personality disorder diagnosis because I skipped school once and got into a fistfight once.

Sharon The way to cover yourself on an appeal of a deferred issue is to send in an NOD saying you believe that a decision should have been made in your favor because the VA has all the information they need to rate you. You got to remember that as soon as you get a rating the one year clock begins to run on your appeal rights. I don't take a chance. If issues are not specifically denied then you should appeal also because the VA may have three issues before them and grant one and ignore the others. That is as good as a denial and you need to NOD it. NOD all issues in your claim when you get a rating unless you are completely satisfied.

Kelly I asked my local branch of Vietnam Vets of America about doing an informational picket at our VARO. The Prez told me that would offend some of the members, and that the others were scared. Besides, he said, the vets he talked to thought the VA was just great and had no complaints ( I am just a trouble maker). The local DAV, VFW and Al are just a bunch of drunks. I was a member of all those organizations. I am not any more. I was hoping some locals from around central Florida might be interested. John

It is wise to get a copy of your C&P exam any way you can as soon as you can. It does not slow down your rating decision. What will slow down your decision is calling a congressman about it, or moving, or sending in new evidence that has to be evaluated.

Once you get the C&P then get a copy and it is not solid get an IMO to fill in the blanks to get you to 70%. That is how I did it. I was 30% when I filed for IU. I needed IMO's to get there. I got at least four of them going from 30% to PT.

What station is SVR Stardust radio on exactly. Is it FM or AM and what is the dial address. You can tell I know nothing about this. I knew a Marine who was a high school friend who got blown off an APC and had headaches. They never mentioned TBI and I bet he did not get a dime in compensation.

I have heard that Detroid does not hold the speed record for decisions. However, who knows if you will be an exception. If they are ready to make a decision by June 8th 2009 then they are flying. Maybe your rating will come soon. Do you have a veteran's service organization working for you? They will often know before you get the letter. You might call them and find out what is happening. Do what Berta says also about the C&P exam. You can usually tell from the C&P what kind of rating you will get in a ballpark sort of way. Post your C&P on here (take out your name, SS# and private stuff and just post the facts) and we can probably take a good guess at how you did at the exam.

When I leave my PCP or VA shrink I can't just make an appointment. I tell them when the doctor wants to see me again and they make a "Call for appointment, appointment". So I wait until the date of my " call for appointment" and then call for an appointment. This is idiotic since it makes it nearly impossible for me to coordinate my appointments with the opioid clinic which has labs with my PCP with has labs. The VA does this because they say many vets don't show up for their appointments without being reminded. They treat me like a child and I never miss appointments without calling first. Do they do this at anyone else'es VAMC. Oh, and it I get only one dental exam every two years. One visit with my shrink every 3-4 months. Two visits a year with my PCP and opioid nurse to check to see if I am selling the percoset I get. I guess they will be cutting out the percoset in the future. I wish I could get oxycontin instead.

Kelly Those are good suggestions. All we need is a few vets with signs because there is mucho traffic right in front of the VARO. There is a traffic light and a turnoff into the VARO. The worst part would be the damn heat. Even if we are out there for a few hours and did not manage to get arrested it would be a success. Every vet has a horror story they could relate. I know you don't want to get into traffic to hand out anything because that is against the law. When you do these things you have to abide by the law. The thing is almost all cops are veterans. If you are decent to them they will probably just warn you first if you are breaking some law. The truth is the Constitution and Bill of Rights gives you the right to assemble within limits of safety. In the South during Jim Crow the locals arrested demonstrators on all sorts of illegal ordinances to prevent marches and demonstrations. I need volunteers from around the St. Petersburg area. We can swap messages and work out details. We can check our the area and see what will work. Kelly, can you fly in from Oregon on an afternoon to help us...heh,heh?

In the Civil Rights Movement of the 1960's it was said that justice delayed is justice denied. What about us vets? Waiting over 35 years for a decision???? I am hoping some of the vets near the St. Pete VARO will contact me and we can stage a little demonstration to let the public know what is going on and that we are not happy. We would have to put our heads together to make sure we don't break any laws, but we inform the public of the situation.

Macool 70% is next and then TDIU at some time in the future.

Keeping vets waiting ten years for a decision is pretty brutal.

The VA also farms out claims to different VARO's to develope. You might move to Maine and the VA would send you file to St. Petersburg, Fl., or Detroit.

I don't believe there is any quicker or better VARO. If you have a claim in process I would stay put until I get a rating. If you move your file is going to be moved, and there is a chance it will get lost. Then you get lost.

Airborne While waiting for IU I had some major dental work done by civilian dentist. I got the VA to pay for most of that after I got IU (kicking and screaming). It is called unauthorised medical expense but you go to Fee Base to apply.