john999

What little I know from VBM is that a skin condition can be a cause for TDIU. Just having a rash that has a particular smell is a bar to employment. I read that in the VBM. sent my SSD records to the VA myself. I have not been reading this site too often since I had surgery a few weeks ago. John

I don't believe any decent orthopedist will tell you there is no surgical fix for a spine problem. The thing is that pain is subjective and even successful surgery may not cure the pain even if the surgery fixes the function. If you have severe numbness in your lower limbs that is probably pressure on the spinal nerves due to disc problem. That is what orthopedic back surgeons do for a living except maybe at the VA. I use the same VA as you and they are horrible and dangerous to your health.

By definition being 100% for a mental condition means you can't work or hold down a job. If you could do this you would not be 100%. The definition of a mental disorder that makes you 100% is very different from someone who is a double amputee and is thereby gets 100% compensation. VA compensation is not retirement. It is compensation for what you have lost. If you have lost the ability to work then you deserve 100% or TDIU. If you have lost both legs you deserve 100% for the loss of your legs. The definition of 100% disability for a mental condition for VA purpose is outdated. It should mean you are unable to work and support yourself and family. TDIU and 100% for mental should be the same rating. This is my opinion, and used to be the VA's opinion. The way it reads now is a 100% PTSD vet should be locked up in an institution and we know this is not the case. All SSA says is that if you can't work due to a mental condition you get SSDI. It does not say you are a danger to yourself and others etc. John

The VA knows that some more serious situation will happen and vet issues will be swept from the public's mind by war, disaster, economic depression and the congress will focus on those things and forget us. My congresswoman has tried to help me, but the VA just delays and gives her BS. She probably thinks I am the problem because I complain about poor care at the VA and limited access to services due to distance and doctor shortages. Just because I don't want to drive 50 miles to have my teeth examined by real dentist I am the problem. I have paid out $12000. for dental care the VA should have paid for, but since I could not wait I went ahead and paid to have it done. The VA is going to say "Well, he chose to go outside the system. That is not our fault". John

Nobody can make you take OPM disability retirement unless they go through a process that finds you incapable of working up to an acceptable level. There is a form of non-voluntary disability retirement, but it can be fought especially if your record is good at work. Max Cleland was 100% P&T and he worked as boss of the VA. I worked with a vet who had lost an arm in Vietnam. He drove a fork lift at the USPS. I know that the VA does bend the rules for VSO's who are 100% and who are able to work full time as NSO's. I think what we are talking about is someone who is 100% disabled for a mental condition only. According to the regs and description of that disability the vet should not, nor cannot work full time. That is part of the definition of being 100% for a mental condition. I think to some extent it is not fair. Why is there a difference between physical and mental disabilites? Regarding TDIU I think the regs are very clear. If you have TDIU then you can't work outside some protected environment. If you do work and pay taxes and SSA you are risking just what PR is talking about. Just about every American of working age wants to work at something. When I lost my career at the USPS I claimed SSD, OPM and TDIU, yet I still wanted to work doing something even if if was just a few hours a day or one day a week. I felt useless and lost. My self esteem was in the toilet. I wanted to sell antiques at a antique mall. Many retired people did it, but I was different than those other retired folks. I was on SSD and TDIU. If I became too successful I knew I would have to make a choice. I was never that successful, and my wife was not ready to take over with me as a silent partner to expand, and buy an action house. I was very frustrated. Now some years later as I approch 65 I am glad I stayed within the lawful bounds. If I could have made a big success without the downside risk I would have given up the SSD and TDIU. I can still buy and sell, but I cannot do the things that a person does who runs a successful small business. I physically can't and I legally can't. However, if I see some collectible object and buy, it and then sell it later that is just a hobby unless I have a shop and pay rent and have staff working for me etc. Is is sort of a fine line but most people can see the line. The VA can see it and IRS and SSA can see it. I buy and sell stock, but that is passive income. I don't run a brokerage house that employees fifty people. Collecting rent on a few houses is one thing, and being an agent to manages ten apartment complexes is something else. The VA and SSD has us by the short hairs. In many ways it is a destructive system to those who have a chance at full recovery. It discourages rehabilitation. For those who have permanent and severe disabilites it is a lifeline. For a 22 year old who gets 100% for a mental condition that can be the worst thing that ever happens to him/her. If the VA would grant 100% while a vet was in school and up until they were successfully making a living that would be a good thing. Back in the day as soon as you showed anything looking like improvement you would be reduced which is a kick right in the &^^%$. The VA used the fact I finished a BA in psychology as a weapon against me for 25 years. John

Get your initial ratings and then get IME's/IMO's to try for increases on appeal. If you go just by VA exams you most likely get low ball ratings.

It is common for these C&P doctors to contradict themselves. How is the VARO supposed to interpret this? They go by regulations and have no expertise in medical or legal issues. The VARO usually gives the lowest rating they can justify. This is why there are thousands of appeals in the system.

Hmmmmm......you know narcolepsey goes along with sleep apnea. I take pills to stay awake. Natrurally, the VA would not supply the pills and I had to pay for them via my medical insurance. The real danger of OSA is that your brain and heart are oxygen starved and you have heart attack or stroke. This and sudden passing out are danger signals to me.

This is not a CUE. Your claim in not final. You want to appeal this. If your spine was hurt in roll over accident that is still service connected.

For your TDIU to be protected you must be TDIU for 20 years like any other rating. If you are over 55 and have been total for 5 years then it is more difficult for the VA to reduce you. However, if you do not send in Employment Questionnaire you may find yourself getting reduction letter. No way in hell do I believe a vet can work full time and continue to get TDIU and SSD without a problem. If you are 100% schedular that is a different story with VA, but not with SSD. If you claim to be totally disabled how can you work? You may have a 100% rating if you are double amputee and you can work all you want, but if you are 100% for PTSD then you can't officially work full time for more than poverty wage. If you read the rating schedule it is clear. I am not be a wise guy just telling the facts as I see them. I would not risk TDIU or 100% rating by working if it is not allowed by the nature of my disability. I was TDIU for about 8 years when I raised issue of SMC "S" as in Bradley V Peake. I got "S", but I think I am one of the few here that has got it on that basis since I am TDIU and not 100% schedular. I have file a number of claims in the last 10 years for increases. I say that if you have some potentially fatal illness or injury that is SC then file for it. If you are Vietnam Vet and have AO condition file. John John

If you make more than poverty wage from VA I think you could have a problem with SSA and VA. When on TDIU you must tread carefully. Total Disability due to Individual Unemployability........! You are employed. You need advice from a VA/SSA lawyer on this before the VA wakes up. I don't think being a civil servant is "protected environment". The VA is really stupid but they may catch this eventually and if you pay taxes and SSA/Medicare do you send in Employment Questionnaire every year telling the VA you are working? This is required and mandatoy. I also am on TDIU and SSDI for last 13 years. I don't work at all. John

Hey, I think you may have struck paydirt. An injury to the nose/septum or jaw might very well impact your sleep. If your wife and buddies heard you snoring that is also evidence. You need an medical opinion from a sleep doctor or ENT saying that auto accident injuries may as likely as not caused your OSA. I have injury to my nose but it did not happen in service or at least I can't prove it. John

No, I can't unless you supplied bullet proof evidence for all claims? It took me over a year using Ebenefits and I would never use it again. They made a mess of it. They maintained to the last that I had not signed off on their version of VCAA. They kept waiting for me to say I had no more evidence and I told them three or four times, but not until I got congressman involved did they sign me up for C&P exam. John

I think those incidences where you consulted military medical about sleep problems with be the main thing to hang you hat on unless you suffered some facial injury while in service You have to find something to tie your current OSA to service. I have OSA and I did complain about insomnia in service. I would bet $100 bucks I could not win an OSA claim. I have not even bothered to file. If you win then maybe I will file. If you had buddies who heard you snoring or wife who heard you snoring during service years that could be buddy statement that would be proof you had some sleep problem in service. OSA is the current generations version of PTSD and Agent Orange problems for Vietnam vets.

I had a surgery recently. The VA had never even heard of the surgery in question. It will take them ten years to start doing the surgery. It is so much cheaper just to give a vet with OSA a Cpap. My surgery is going to probably cost me something but I will fight that out with Medicare. Years ago I asked about a procedure for foot pain that was new but not experimental. The VA podiatrist had never heard of it either. I doubt they do it now because of cost. Cost is what drives these idiots. Long term health of vets is just a minor factor.

I would not let the VA care for my cardiac condition. Get the best cardiologist in town. You can get compensation from the VA for this heart condition, but not treatment only from the VA. You cannot spend or save compensation if you are not around to access it. I met a guy at the VA hospital who had allowed the VA to do brain surgery on him. He had other insurance, but wanted to save a buck. He needs brain surgery. John

They consider tooth cleaning an exam. If you tell them your tooth hurts they will pull in a second. When you ask about an implant to replace it they get deaf. At least in my case. When they did anything besides cleaning my teeth they fouled it up. I think they cost me two teeth that I replaced on my own dime. I am going to get them for that. John

I don't think we are raising enough hell either. If the Homeland Security bust my head and kill me that will just put me out of my misery. I would like to go down swinging since I don't have much quality of life as it is except when I pound the VA which gives me a warm, fuzzy feeling. I would like to see all their heads on spikes. Those guys who run the VA and starve the vets. 20 years after Nam I got 10% because the VA did not even consider my evidence. Even their shrinks worked on me telling me I would never get more than 30% due to my DX. Once I heal up I will be willing to picket our local VARO or VAMC. I will buy a wheel chair just for the event. I can be loud and obnoxious without every losing control or breaking a law. I have been plenty mad, but I always know what I am doing. I think Patton was there to help beat up the Bonus Marchers as well. Being regular army and staff officers they probably considered the actual fighting soldiers as scum. Their mommies taught them this that there were two classes of people in America: Us (God Fearing, White, Patriotic) and all the rest (Jews, blacks, workers, Reds and assorted scum). John

An IMO/IME for a purely medical condition must be done by an MD for the VA to take is seriously. If it is a mental condition a PH.D clinical psychologist can do one, but the VA always favors MD's when the chips are down and specialists for sure.

The VA has a duty to address and treat your pain!!!! They started me on morphine about 8 years ago. Now the VA says "I" have an opiate dependence problem. I say they have a drug pusher problem since they are they ones who have had me on morphine, methadone, fentanyl, and oxycodone for years. If you are P&T what are you going to the VA for a C&P for anyway? You have a new or worse problem no doubt? I had a C&P for worsening DMII a few months ago. The doctor told me Vietnam vets get fat on purpose to get compensation for DMII. That is a Nazi way of thinking that there is no cure for except termination. John

How about on appeals? For me they only went back to the date they received new evidence from me on case that was already five years old. I filed for increase in 1995 and finally won in 2002 after appeals to BVA and back to VARO and then to DRO where I won based on new evidence they got in 2001. I was gyped out of five years at least if date of claim is the standard. Do I have a case for EED? John

I had the surgery last Friday. They "turn on" the pacemaker in thirty days if everything goes OK with healing. I have had quite a bit of pain with the placement of the pacemaker. Severe pain the first two days when I moved in certain ways, and first thing in the morning when I was stiff and most sore. I have gone through a lot with just testing to see if the Upper Airway Stimulation Device might help me. I had to get endoscopy while out cold to check out the mechanics of my OSA. Now I should know something in about a month when they turn it on and I leave the office with hand-held device that turns it on and off. It is pretty neat if it works. It will revolutionize the treatment of OSA. Now the actual implant is about the size of a cell phone and there are two other devices implanted along with it in my neck and chest. These will shrink in coming years and there will not be near the pain and size of incisions. Google Inspire Medical to get a look. John

Speaking of stub toes I would not trust the VA to fix an ingrown toenail. You could get a staff infection and lose your leg. I kid you not! I have insurance as part of my pension from the USPS. It is good, but considering that medicare is primary my BC/BS is expensive as hell. They pay for yearly deductible and all copays, but even so I pay over $5000 a year for this, but I must because it covers my wife as primary and ChampVA as secondary and is very good insurance. The fact that the VA gets away with forcing us to have private insurance from our fear of poor and dangerous conditions at the VA is a scandal. I am fed up with it. It will be my hobby as retired vet on deathbed to hound the VA about this until either I die or find a better hobby. The care we get is substandard in every respect especially for those of us with chronic conditions like DMII or any of the AO diseases. I don't get the sort of dental, eye, foot, heart or neurological care I should be getting from the VA. One dental exam every two year??????? No frequent eye exams and I could go on and on with these lapses. Their excuses just don't cut it. We should take action. I am recovering from surgery now, but I will be back on my feet soon. So many of us treated so miserably for so long. John

I have been to my congresswoman a few times lately and I expect some retaliation soon. I have complained about VA billing my insurance and denying me dental and vision care. I bet they cut off my opiates knowing this will hurt me, but not for long. When I get through with them they will need opiates. When I recover from my surgery I will camp out at my congresswoman's office if I don't get the right answers. My congresswoman is sympathetic, but we will see if that is just BS to shoo away a pesky old vet. John

I am asking retro back to 1971 and I am in federal court right now.