john999

Maybe you should talk to a CPA or tax lawyer to see just what you have to do and how to avoid the penalty. You can roll the 401-K money over into an IRA and pay no tax. Then you would not be dealing with all the 401-K stuff. You would still have the tax problems, but the money would be under your direct control instead of a 401-K administrator. If you have a standard pension you can roll that payout amount into an IRA as well. It is always better to have the money under your control I think.

Did you have DRO reviews or actual hearings. I would ask for a personal hearing before I let them send my claims off to the BVA for two years of waiting.

Getting to know your doctors will go a long way towards winning a claim. Even your primary doctor can make it or break it for you.

If you have DMII then artery disease is very strongly related to diabetes. I got SC'ed for artery disease and heart disease via secondary connection to DMII from AO. It is in the VBM and M-21 about strong connection. You probably need a doctor's opinion but you can make a strong case if you have DMII, otherwise unless you had it in service I dont' think it is presumptive. If you have SC'ed HBP then artery disease and heart disease are pretty easy to connect. Berta has really said it all. The presumption is that if you have artery disease in your legs you probably have it in your heart and brain as well.

Sorry for the loss!

If I was a young person I think I would try to find some career before I just settled on IU or 100%. I don't know how bad off you really are because only you know that. The money from the VA is enough to live a pretty basic lifestyle. If I was 25 I would not want to settle for being 100% for the next 50 years if I could do something else. However, I would probably go slowly to make sure I could actually finish my education and do the work. Maybe take general classes and find out if something really turns you on and then pursue it. If you have a private doctor I would talk to him about your condition.

Rockhound What is your current diagnosis at the VA?

I know there is a bill in congress that will make "combat with the enemy " presumptive for any military person who serves in a combat zone. I don't know if the bill will pass, but that would make PTSD a given for 2.5 million Vietnam vets if they claim it. Also it would do the same for all OIF/OEF vets. Somehow I don't think that bill will pass because there are enough Iraq vets claiming PTSD as it is and many more in the future as we shift forces into Afghanistan. If this bill is retroactive then even some WWII vets and Korean War vets could claim it. It they make it only for OIF/OEF vets it is a insult to other vets.

Yoggie When I have asked for a De Novo review in my NOD I have gotten a cut and paste job. You got to have a hearing in front of a person to have a chance in my opinion. This gives you the best odds to point out mistakes. It helps if you have a competent POA at the hearing with you, and not some half-witted DAV guy who wants you to settle for a whatever the DRO wants to hand out as a token.

I went to check in at the VAMC to see my doctor Thursday. They got my records mixed up with a guy named John D. King. I am John T. King. I spent five minutes setting them straight. They asked me about my SSA number quoting this other guy's number to me and asking if that was my SSA number. One time they asked me if I had recovered from my recent stroke. I never had a stroke. This was mixed in with my records. Imagine if I had an emergency and went to the VAMC. They might waste time wondering about my recent "stroke" and not treat me for what is really wrong with me. It could even happen if I scheduled a regular surgery there, so I don't do that. I too found other vet's stuff in my C-file. I also wonder why our C-files are not on disk or tape or something besides ancient paper. My file looks like it is 40 years old because that is about how old it is with crumbling paper notes. Crucial evidence just in a folder mixed up with junk. The VA has not really looked in my C-file in almost 40 years until I pointed it out to them via my lawyer.

You talk about a really "lame" duck. GWB is the lamest of the lame. Of course, AMA was againt medicare in the beginning and now they live off it. It is getting tougher for doctors these days. They have to whore themselves out to big pharma to make a living.

I agree with TestVet. If you are having severe mental problems then it makes sense to hire a lawyer to help you with your claim. If you were discharged due to your mental disorder, and now are on SSD because of it I can't see how they are denying you 100% or TDIU. The VA will take advantage of the severely mentally impaired vets to deny them on baseless reasons knowing they have a hard time fighting back due to their disability. Since your claim probably involves large retro payments you should not have that much trouble getting a lawyer to represent you. It is easy for a severely immpaired person to miss deadlines and not to be able to put their claim together to get the highest rating.

TestVet Have you tried Spam burgers? Spam is an all around grease soaked, meat-like substance that can be used as plaster or food. You have a hole in your roof or belly, fix it with spam. Black beans and rice can go a long way as well.

We got a 2% COLA and gas prices and food prices went up about 50-100%. I could not afford to buy the house I live in now. This is how America supports the troops when they get home.

When you go for the exam you want to represent yourself as you are on your worst day. This is not a job interview, so dress down to the occasion. When the doctor asks how you are doing tell him you are doing awful. Don't say one good thing about any part of your life. Remember, you were fine before Iraq and now your life sucks because of Iraq. I would not shave or brush my hair. I would not make eye contact. I would describe my symptoms in detail. I would tell the doctor my meds are not working if that is the case. Be truthful about homicidal or suicidal thoughts or plans. Make sure he knows you were fired because of your anger problems. If you have a private report from a doctor put it in the C&P doctor's hands. No matter what else happens be sure and show up for this exam, even if you have to stay up all night and drink ten cups of coffee. If you have a significant other get them to drive you to the exam. Maybe the doctor will let them come in with you. This C&P doctor only sees you for a few minutes so you want to make the most of it.

Was your husband already service connected for HBP? Do you have doctor's reports that say the stroke was a result of HBP? You need to show a nexus if it is a secondary condition. That means you need a medical report saying that the HBP was at least as likely as not the cause of the stroke. Did he get a pension exam from the VA and what did it say? Going to the rating board means the development of the claim is done, but you may still have a wait for a decision.

I hate depending on the VA for meds since they are always trying to find a way to do it cheaper. Now they are questioning my pain meds because some pain doctor does not like opiates. He wants to inject me. No way since I have had those injections about ten times before by real professionals and they did not work. I am not going to let some VA doctor screw up my spine. They don't want to give me fentenol because it is expensive. Morphine and methadone is cheap so they want to give it to me even if I don't want it.

McCool Are you trying for original SC or an increase. If it is for an increase the IMO's are just what you want. If you can't work because of he shoulders then IU is where you want to aim. No way to tell exactly what the VA will rate you at. The thing is you want to build a claim around these shoulders to include chronic pain disorder, depression etc. You want to show the VA that these conditions are making a big dent in your ability to function. I have shoulder problems and I know how bad this hurts. If you take pain meds for the conditions you want an opinion as to how the pain meds affect your ability to concentrate, drive, think logically etc.

Surely, they would attempt to screw a vet out of his compensation! They do it all the time. This is why you need a strong IMO to counter balance these C&P doctors. Without a couple of good private medical opinions I would still be at 30% instead of TDIU. The c&p doctor can be your best friend, or your worst enemy. Like you, I have back pain and just the loss of quality of life should get you 100%, but it won't. Get as much medical evidence as you can get and submit it to the VA. You want to just surround them with evidence. You don't want appeals and years spent waiting for them to read what they might have had two years ago. You want to get your maximum increase right at the VARO the first time around. This is usually not possible but that is what you are aiming at. Just because the C&P doctor is affable and polite does not mean he will not write a report that damns your claim. Consider who pays him.

Betty has a current 70% rating for a SC condition. That is enough to apply for IU. She does not need to even consider a NSC pension. She needs to fight for the SC TDIU and not consider anything else except,perhaps, a straight 100% SC. Forget the NSC pension. What Betty wants to do is demonstrate that he SC condition is the sole cause of her being TDIU. This way she can get SSDI and TDIU with no offset.

You will get DIC if you are married to him for at least the last eight years and he lives at least ten years after getting TDIU. Also, if he dies as a result of a SC disability you get DIC regardless of how long he has been disabled. If he dies of a SC condition you get DIC.

Betty Don't listen to these idiots. They probably think you are asking for a NSC pension. They are ignorant. TDIU has nothing to do with income if you are SC. You could have ten million dollars in assets and your spouse could be making a million a year but you can still get TDIU for SC disabilites. McCain gets 100% and his wife has 100 million in assest.

When did you get discharged? I think a full physical is a good thing since they might find other things that could be service connected. If it is within one year of discharge then the things they find would probably be SC'ed.

If a thousand dollars gets you SC or a significant increase then that is money well spent.

JohnM You probably need an IMO that disputes the VA findings point by point and gives a rationalized medical opinion as to why the heart and HBP is secondary to the DMII. You need a doctor who is going to make an argument for you. This you have to usually pay for by using a guy like Dr. Bash. I think DMII can be controlled but not cured.