john999

If it says Vietnam on your DD214 and you have presumptive condition that is all you need to get compensated. Of course, there are guys here who served in Nam and surrounding areas that were sprayed and they don't have Vietnam on DD214. People on TDY assignments from Navy and AF sometimes were in Nam but there is no record.

You can review your C&P exam but you can't change it except by showing gross flaws and demanding another exam. Usually, the best course is to get IME/IMO to destroy a bad C&P exam. I spent a couple of years trying to get a new C&P. I got a new one just as bad as the old one. Then I got wise via Hadit and got private IME's and I won big. Think of the money you spend on an IME as an investment that can pay off 1000% immediately. John

What I learned is appeal any decision that has that VA stink on it. I lost thousands of bucks by not doing that in my original claim. The VA must have screwed a million vets out of retro using tricks and BS. When VSO's say don't appeal because the VA might reduce you I say that has not ever been my experience in 40 years.

I had a BVA hearing. It turned into just an in-take process. Nothing was decided for six months and I lost. We had the evidence, but no way were they going to say "Yes". If you don't trust your lawyer you should get a new one. I recommend you try it his way first. If you don't win he does not get paid.

I would ask for an EED. I did it on a TDIU claim and got an extra six months. The VA had evidence I was unemployable even before I filed for TDIU. Often when a claim is on appeal the effective date should be the date of the original claim. The VA screws vets out of retro by setting the effective date as the date they got a VA C&P exam. This is BS.

The VA is scared. My VA dental is pretty horrible. A exam once every two years. They even refused to do a crown once. They just stuck a big filing in my tooth after a root canal. If I can't get referral to private dentist I am done with them. The army pulled two of my teeth back in 1971 and tried to do a tooth transplant. It was a disaster. I get nothing for that and then they faked my records so that it did not show I had TMJ and had asked for treatment.

The VA called me today and asked me since the VA was late on providing me a dental exam would I be up for a referral to a private dentist for an exam. This is directly related to the 30 day wait for care that has evolved out of the scandal. I said I would be up for it. Maybe I can get the Aholes to pay for my crown that has to go on top of the implant I got via private dentist. The last time I asked for an implant the VA said "NO" not necessary. This was completely untrue according to two other dentists I spoke to about it. I might even see if I can get them to pay for part of the implant, or I will call my congress critter. I frankly don't trust the dentists at the VA to do my implant surgery. A lot can go wrong. Implants that are done right are painful and take months as healing takes place. I needed a bone graft. First comes the extraction and then the implant and then prep for the crown and lastly the crown. $6000 all told. I am going to try and get this dentist full time if he is any good and I can swing it. John

The police are not trained to handle mentally ill. I do blame the cops when they have no other tools to subdue a crazy woman holding a letter opener except to gun her down with 20 shots from a Glock. Plus my private shrink who evaluates police in my city when they are involved in violent incidents says most of local cops should not even have access to a weapon. They are racists and ill trained. They often act like a pack of wolves when in a chase. This is all documented. They lack training and supervision. This is not true of many good cops. A woman's boy friend hold up in her attic without her knowledge. He shot cops who entered the house and tried to get him out of the attic. He was killed in gunfight. The cops came back a few days later and bull dozed her house. She was never even shown a warrant. She got zero compensation. This is group punishment. This is not legal under our constitution.

Reacting to hallucinations, delusions and "voices" etc. Not bathing or changing clothing for weeks or months and everything that Phil said. Suicide or homicide attempt due voices or delusions would qualify. A combat vet killed his family thinking he was "Prince David" on a mission from God to rid the world of evil. This happened near Tampa. He died in police shoot out. They say he took his own life. They always say that when crazy people go over the edge. Nobody cares.

Who told you the police would deny you a job due to VA disability claim? Your VA records are private. As long as you can pass police physical you should be OK. Talk to your police union about this. I think that is discrimination. Many policemen have PTSD, but are getting treatment. My private shrink treats and evaluates policemen who have been in shootings etc. He says most should not even be carrying a weapon, and not because of PTSD, but because of their quirks and racial attitudes. That is not reflecting on you. I live in Tampa, Florida. Here they shoot the mentally ill. In Florida they execute the mentally ill and retarded. John

I love it.

If you are 60% with one disability at least 40% I think you can file for TDIU. I know if you are 70% with one 40% you can file for TDIU. John

Just remember the CUE rules are the strictest rules. The burden of proof in on you. You get no duty to assist or benefit of doubt. The VA comes up with rules changes to defeat vets from gaining large retro payments. The VA just excluded my entire private doctor's report. They say no CUE because among other things the evidence that was excluded was debatable. That means a janitor could enter something in your in-patient file and that would make a ten page IME debatable.

This shrink I used was just speaking in general terms. He was not talking about me. I only saw him once. He charged me a fortune and gave me speed to reduce my appetite. My appetite is not really the problem as it is my lack of being able to walk much and exercise that is the problem I see. I am technically obese, but I don't even think about food and would probably never eat unless I was hungry. It is the injuries I have that cause chronic pain that keep me from burning off calories. If VA would send me to a good massage therapist or chiro I think I would get better, but I need help with this. The VA says I can drive 20 miles to use their pool for 20 minutes. I need permanent PT to stay mobile. I am not getting it via the VA. They sent some idiot here who used to do some PT with me but he was so unreliable I told him not to come back. IF I could just walk without pain I could walk it off. I have been to podiatrists galore. They all say the same thing and have same failed therapy. John

I got the same 10% rating for hands and feet due to PN. I think your PN must spread from feet to calves to thigh etc before you get a higher rating. In other words it has to get worse, and spread from outer to inner portions of the body.

Some local crooked psychiatrist I know wrote a letter to the editor of my newspaper saying vets were getting opiates from the VA for chronic pain and selling their drugs. He said chronic pain was easy to fake. I went to this jerk for weight loss. Now I know his attitude I won't be going back let me tell you. I have chronic pain in my feet and shoulders and neck. I have been to tons of doctors. They surgery and treatments have not helped. Opiates help and I don't even use that much except what I need. I have never asked for an increase but I guess I am drug crazed criminal. How many of these vets or servicemen who visit the Whitehouse to get medals are also stoned out of their minds because their broken backs, hips and necks are killing them?

Remember, before 1990 the VA did not even have to list evidence in a disability claim. In effect, you could not prove or disprove the VA ever considered your evidence. This affects vets from WWII, Korea, Vietnam and everything else that happened before 1990. Just because the VA gets around to partially fixing a due process problem what about the millions of vets who suffered under the old assumptions. The existing assumption that the VA uses to maintain that if they say they have put something in the mail and you never get it, well, too bad. We vets send the VA certified/ return receipt and they say "prove what was in the letter". The VA sent me a decision letter. It was returned to sender "addressee unknown" because they used the wrong address. This is my failure according to the VA. I still should have known about my appeal rights. The system should just be blown-up except then my paper C-File would go with it. Here in 2014 my entire C-File in on paper with no computer backup. Thousands of military records were burned up in 1973 (Including my Dad's) at St. Louis, and 40 years later the VA still maintains a paper system for C-Files. Why can't Tricare and VA health care be merged or all merged under Medicare for All?

My VA hospital has a trick where if you cancel an appointment and ask to be rescheduled they show you as a NO SHOW. Now they can blame the vet and continue the virtual appointment system they have now. I have a virtual appointment with my PCP. It does not become actual until the VA sends me a card saying I need to make an actual appointment. They use this for all appointments. I read that they use this to manipulate the actual appointments so they can show all vets get appointment within 30 days. The VA says they do this to cut down on No Shows. I don't believe anything they say. The VA cancelled a C&P exam for me and then showed me as a NO SHOW and I got denied on the claim. This is SOP for the VA mafia. Give me ChampVA or Tricare. Why do we have all these separate medical systems? Duplication breeds waste. John

If you are TDIU you can't work beyond poverty wages. If you are 100% scheduler you can work. If you are 100% for a mental condition it gets iffy. If you are on TDIU you must send in an Employment Questionnaire at least once a year. If you forget you get a reduction notice. If the VA loses your employment questionnaire you get a reduction notice. This is what is wrong with TDIU. What is right with it is that unless you go back to work full time they cannot take it away from you unless they do a rule change. I am 90% TDIU P&T for almost 13 years. No problems so far. John

I think that is malpractice. What is CBT? You cannot just stop taking benzos cold turkey. The VA must provide you enough to gradually reduce your benzo intake and give you support while you do. I have been on benzos and opiates for ten years. If I stopped taking them next week I would have dangerous withdrawals. The VA cannot get out of their own way when it comes to screwing up. Go see your congressman and see a malpractice lawyer. Sudden withdrawal from Benzos can cause convulsions and maybe death. John

I got 70% TDIU for a mental health issue. A few years later I got connected for DMII, PN and CAD. This was more than 60%. I requested "S" using Bradley v Peake. I got it via the VA calling a CUE on themselves.

I would just never cut it that close on filing a NOD. If you are asking them to reconsider your claim don't wait for less than a month to file the NOD. I may have lost a few hundred thousand bucks for not filing a NOD on time and letting a claim become final. This was long ago and far away in a distant galaxy but it still affects me today.

I don't think that is going to fix the VA. Shinseki was just a place holder in a failing system that has been underfunded and mismanaged for decades. Congress needs to change the VA to make it vet friendly. I have many theories on that subject. The VA in my area of my town was going to make an old National Guard Armory into a Vet clinic. The local govt. got involved and sold he property to the highest bidder. Screw the vets. This would have saved me miles and miles of driving, but not it is down the drain. I feel betrayed and I let my congressman know it. Now I think we should just all be under Medicare and let Uncle Sam pay our premiums. I wonder if this will happen since the VA is a master of cheating vets and medicare isn't. If I could get ChampVA with dental and vision included I would never use the VA. John

Yes, the claim must be final and that means one year must have passed without any attempt to appeal the decision. Then the decision becomes final and you can file a CUE. Filing a CUE is a last resort. CUE rules are much stricter than regular VA claims. There are valid CUE claims, but the error must be very obvious. Things like "duty to assist" and "benefit of doubt" do not apply with a CUE. Much of my CUE was blown out of the water by CAVC claiming I was invoking "duty to assist". Now I am in Federal Court. If your CUE is really going to shake things up for the VA you will get mucho pushback. John

JRT If you are unable to work due to your PTSD then you should be getting 70%-100%. Being able to work is pretty much the ball game in mental health claims. That separates 50% for 70%-100%. Of course, once you get 70% most will file for TDIU and you will then never work again if you are smart and really ill. I do believe that young vets who are TDIU or 100% for mental conditions are hurt by the VA more than helped. Once a young vet gets 100% for a mental condition they will never work again, and thus become one of the marginalized persons in our society.