john999

I need to learn that Dragon dictation program since I am having much trouble with my hands and typing. Is there a tutorial or some easy way to learn it. I have the program but it seems daunting to me. I just associate computers, work with my hands and the whole bit with pain and frustration. I taught myself how to touch type years ago, but now I can't even answer a post here without pain. John

Just remember those who have TDIU plus 60% that you are also entitled to "S". You can quote Bradley V Peake as your authority if they quibble. We are not supposed to have to file any claim for statutory housebound, so if they don't grant it when they should it is a CUE. It is as if you were rated 50% and they refused to pay you. It is an error of the most grievous kind.

You have to file a claim for an AO disease. The AO Registry means nothing. I see what AskNod is saying. If you file for an AO disease it may not be presumptive but in five years it may and you could get EED all the way back to the day you filed the original claim. If we live long enough all of us Nam vets will die from an AO disease because everything will be presumptive for AO. Everything is presumptive for AO and the VA has just not admitted it yet. Dioxin is so dangerous why do they need a study that takes 20 years to presume it causes all cancers? They know it is like kryptonite for human beings. They are just stalling for us to die off and they can avoid paying. I have thought in the past that RVN vets should file AO claims on any dangerous disease they acquire. It will be presumptive one day. John

If a vet is housebound would that be considered a burden to travel. It is a burden for me to drive 25 miles in a rain storm to get to my local VAMC and then wade through water. I have used Fee Base here in Tampa and I was not impressed. If I am really sick the last place I am going is the VA. I use the VA health care system because I know that if you don't document your current illness or injuries you may find yourself at a C&P exam one day explaining why you have no record of treatment for the last ten years. The VA does some things Ok, but I would trade them in for a Medicare supplement that paid what medicare does not pay for now. We have the best health care system in the world in private sector. Why do we need duplicate system when we could just use the private system and have the VA pay for it? So much cheaper than maintaining a separate but unequal medical system for vets.

What the DRO process is that you are getting another bite at the apple before it goes to the BVA and you have to wait two years. I had pretty good luck with the DRO process. If you have a claim that is really going to bust their &^^% then you will probably lose either way until you get to court. The really tough claims that set precedents get decided in federal court or maybe at the CAVC. To each his own.

When I got my CUE for "S" I had just sent in a request for S via a Statement in Support of Claim. The VA called a CUE on themselves. I used the decision that stated total plus 60% were entitled to S even if it were TDIU plus 60%. What is the name of that decision?

Asknod You say all prostate problems are presumptive for AO? I thought it was just cancer. I got such poor treatment for the infections I had a low grade urinary tract infection for months. I also had diarrhea all the time. The little pills were my constant companions. What is the difference between dysentery and severe diarrhea with it coming out both ends to where you cannot get out of your rack except to puke or #2. My SMR's just show one bout after another for my whole tour. I was so run down that as soon as I got back to the states I got some lung infection and was out for almost a month in an Army hospital. Records missing, of course.

I give them the respect they give me! I don't care if they call me Mr. Citizen King. Just pay my claims. I was at the VAMC yesterday and I stood in front of a clerk for five minutes while he chatted on the phone and ignored me. I don't get treated like that any place else but the VA. Maybe the DMV come to think of it. John

One thing is you need a diagnosis for each and every condition to get a rating. Most of the back conditions are lumped together. The knees are another matter as are the shoulders, feet, hands etc. For the conditions you have in the red box a shrink needs to put a DX on them and attribute them to your service or secondary to your SC conditions. Are you able to work? The difference between a 50% rating and 70%-100% rating is if the condition keeps you from working. For mental conditions that is the dividing line. You can talk to a six foot rabbit but if you can work you won't get more than 50%. It is sort of the same for most disabilities with the VA. What are you SC for at present?

Can I ask which medications would cause OSA? I was prescribed opiates and clonazepam for at least the last five years. That is when my OSA started. I also have SC DMII which makes it hard for me to lose weight which is a factor in OSA. I even had the Inspire implant surgery for the OSA. Now I take Lyrica, oxycodone and clonazepam for various SC conditions. I probably should be dead by now.

I would ask how many DRO Reviews or Hearings have you been to in your claimant history? Why do you say that " as with many other vets, a hearing request would likely only serve to delay an appeal"? What delays your appeal is to lose it at the DRO level and have to go to the BVA or CAVC. That realty delays a claim by a 5-10 years in some cases. Maybe you don't have an argument, and your facts will speak for themselves? I hope so. The DRO will not feel the need for a hearing. The DRO will feel the need to get rid of your claim as fast as he/she can. Until you see the C&P exam you have no idea what is in it. If you see the advise for a DRO Hearing given too often maybe you don't understand the process. I wish you well.

The TDIU award should be the same date as when you filed the official paperwork for TDIU, but it could be earlier depending on your SSDI status at the time or a hospitalization for the TDIU condition. I got TDIU awarded earlier due to being hospitalized about 6 months prior to actually filing for TDIU. My hospital records showed a GAF of 40 at the time which would have made me unemployable at that time. Of course, I had to claim the EED. Now if you got TDIU for one specific issue the other ratings may put you in the HB zone. TDIU is total disability and any other ratings are on top of that as in Total plus 60% = SMC "S". The VA has sort of backed into that one because they make you claim one disability as the one that makes you TDIU. I was TDIU for one issue and then got an extra 60% for another and got "S".

You can make a claim for Chronic Pain Disorder/depression as well. This is considered a mental health issue. About 99% of people with chronic physical conditions like back trouble have issues with pain and depression as secondary to the back trouble. This is part of the toll a chronic injury takes on you. The VA tries not to measure it. I don't think it is hard to open a depression/chronic pain claim for a permanent back disability. I am SC for chronic pain due to my PN in my feet and lower limbs. It is depressing to not be able to function like you could before the illness or injury. The VA likes to treat you in a vacuum as if the mind and body are not connected.

As Vync says I would ask for the DRO Hearing. At least you get to look the DRO in the eye and he has to admit you are a human being and not just a stack of papers. Just realize their are no casual questions at a DRO Hearing. The DRO is trying to determine how your disability affects you and how you present yourself. I would get a VSO to go with me to present my case. You don't want to look like Perry Mason especially if you are doing a PTSD claim or TBI claim. I would bring copies of all my evidence with me just in case the DRO does not have it all. John

Agoraphobia is the very definition of being Housebound. You should have 100%. They VA should have inferred 100% and housebound when you got the DX. Do you have a helper or caregiver? There are people with severe Agoraphobia who have not left their homes in years. John

The VA did something similar to me. I had a P&T rating and then in 2008 I got an extra 60%. No mention of SMC-S. I did file a claim for the housebound. VA treated it as a CUE and granted the HB. If I had not filed the claim I would never have gotten it even though I have Total plus 80% now. I would file for that "S" yesterday. I got two years of retro because I did not learn that I was entitled to HB until two years after the fact. If you think you are being screwed by the VA then you probably are. John

If the military does not list combat duty like Iraq and Afghanistan on your DD214 they must be in your personnel file some place. On my DD214 for overseas duty Vietnam is listed with the dates I served. However, there are vets here who served in Vietnam who do not have it noted on their DD214. This is a gross error IMO. I have the standard ribbons and medals to prove I was there, but having it in black and white on the DD214 should still be required. You can get VSM without setting foot in Nam so it means nothing. Is the DD214 different now than it was in 1971? My father had discharge papers for WW11 that were like a DD214 and it lists his duty in Germany and France and he has Rhineland and Central Europe for campaigns and battles. Not noting these things on your DD214 or your Discharge papers is weird and makes no sense not to say it is not happening. It is DOD trying to wriggle out of some liability probably. If a soldier served in Kosovo as a Peace Keeper or whatever the mission was it should be noted in his papers he was given at ETS.

Berta You are so right. You just have to rattle their cage until they pay attention. Many vets get just discouraged and worn out doing this but it is the only way. Even with medical care issues it is the same thing. You must go over everyone's head when they deny you some kind of care or treatment. I am trying to get reimbursed from Fee Base for dental work the VA should have paid for in the first place. They have already "lost" my claims since 2014. This is the second time the Fee Base Office lost a claim I sent them. Welcome to the Monkey House. Do they log these claims it or just throw them in a pile and then shred them?

I have two fee base claims for reimbursement of medical expenses. They have sat at the Fee Base Office for 9 months. I called recently and they "lost" them again. I contacted the IG about this practice of losing claims. Funny thing, after I contacted patient advocate for the umpteenth time they found one of my claims, but none of my evidence. The other claim is lost for good. I resubmitted it after 9 months. This is not the first time my claims to Fee Base have been lost. The first time they just threw the claim away because they did not want to work on it. The boss of Fee Base actually admitted this to me that an employee had tossed my claim and that he was being disciplined. It took 6 months to get that straight. I got some money after Fee Base drilled my doctor and practically called him a crook. He would not deal with them again. The best future for the VA involves a wrecking ball and privatization of that system. It is a white elephant. It is a money pit with no bottom, but vets are not getting the money. John

"Could Possibly" is really not strong enough language for a strong claim. The VA may say this is just speculation. If the doctor would say that it is "at least as likely as not" that your radiculopathy is service connected this would be what they want but most doctors don't talk like that but if they are VA doctors they should. Your doctor has to spell it out for the VA. She/he must say at least that in her medical opinion your foot problems are a result of your back issue and are a secondary symptom of your SC injury/illness. If you can get any qualified doctor to say the magic words you have a claim. The VA doctors know exactly what is required but are discouraged from doing it. Are your back issues service connected? What you want is for your foot problems to be rated as secondary to your back disability. The doctor must draw the conclusion because the VA won't. Why the VA doctors are always so feeble in stating the obvious is a wonder and is probably a result of their being fired if they give vets too much ammunition.

You say you submitted "your" letter of termination. Do you mean you resigned? I think you should most definitely appeal your denial of TDIU. I was denied TDIU in 2002 and I was 70%. I got me a few IME's and I got TDIU P&T within 18 months. I was fired from my job. When they fired me I hired a lawyer using MSPB rules. We came to a settlement for me to receive disability retirement. I applied for SSDI as well. I filed my TDIU papers about the same time. I got it all within about 18 months. On the way out the door I filed for worker's compensation and I got that as well for a couple of years until the TDIU was approved. They threw me into the briar patch. I was already working limited duty with about five active worker's compensation cases. They fired me and within six months I was collecting wage loss from OWCP. It was a dumb move on their part. I still get treatment at DOL expense. I would never give up on what they owe you and they owe you plenty IMO.

A letter from your doctor stating that you are unemployable solely due to your SC conditions is what they want. The doctor should write it up in the form of an IME. There is an example here at hadit. A couple of lines of medical notes is not usually enough. The VA wants an explanation as to when, why and how come you can't work due to your SC conditions. A report from a vocational rehabilitation specialist is just as good usually.

I filed for an increase in DMII rating. There was no need for an exam. Everything was in my VA medical records to grant me 20%. The exam lasted about ten minutes. Some exams are very obvious and are based on a formula. I imagine for the knees it is all ROM. If the sinus and headaches are presumptive then only the degree of disability is in question.

Unless you file a claim to link your headaches to your TBI they should probably just leave it alone. Since you get 0% for headaches now if you rolled it all into your TBI claim how could it hurt. How do they determine headaches are 0%?

Yes, I have had a lot of trouble because I get opiates for chronic pain and clonazepam for anxiety. This drives the sleep doctors crazy. I have been fighting with them all for months over this problem. One doctor prescribes one thing and another says it wrong. I go over their heads when they start arguing among themselves. Nobody is really in charge of my treatment plan but me.