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devildog 71

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Posts posted by devildog 71

  1. By the way. If you have or can get strong evidence from a current treating physician and submit it to the RO they could award the claim without a C&P. Additionally, it makes it harder for a C&P examiner to write a bogus C&P when he is required to review the strong evidence from the treating doctor.

    Thank All for the info..Just FYI , in JUNE'06 my VSO and I filed the ORIGINAL claim - then a month later - in JULY '06 - we completed and filed (afterhearing from the VA)the response to FDVA letter (Statement in support of claim) and completed VA Form 0781 , as well as VA VCAA - I also attached copies of forms ; 21-4138; 21-4142 ; and medical records from BOTH my civilian Doc's as well as my VA Shrink and Doc's and also my in-patient stays -along with the current meds I'm on - My initial claim is for PTSD , but my VSO said he was "going to throw in " ALL my medical problems , i.e., Type 2 Diabetes ; Empysema ; MDD ; Hypertension ; COPD ; respiratory and coronary problems ,etc..Of course , I had my bypass surgery in Dec'06 (5 months AFTER I responded with the stressor letter,etc..) Should I go ahead and have my VSO mail THOSE med records to them NOW ?? Also , my VA shrink 'upped' my Celexa from 20 to 40mg and my Lorazepam (0.5mg) to 3x a day - that's in addition to the Plavix ,Coreg , and Nitro I'm NOW on as well as my Metformin being 'upped' from 500mg to 850mg tabs - 2x a day and my Atenolol (50mg) tabs 2x a day...I apologize for 'rambling' on - but will get with my VSO next week and let you know what he says..Thanks all and God Bless...

    Devildog71

    post-1482-1174565537_thumb.jpg

  2. Hi All;

    Been laid up for awhile - had bypass surgery this past December - but am feeling a little better now.

    Anyway ,I filed my claim via my Am. Legion VSO last June (2006) - The first part of January - this year '2007 I called the 800 # to inquire about the status of my claim , and if they knew when I could expect to get an appt for the C&P - all I was told was that , "It's still being verified. It could take up to another six months or a year."

    Is this normal ?? Can my VSO do something to put a 'fire' under them to speed things up ??

    Any and all suggestions are appreciated...

    Thanks..

  3. My claim for AO death has been at the Buffalo VARO for 1370 days (that counts the 2 month delay due to illegal transfer to the BVA and the remand).

    My past claims took at least 3 years.

    Except my Chap 35 claim took 3 weeks, and they screwed up, I nodded and then 3 weeks later that was resolved.Same with my daughter's Chap 35 claim.

    They screwed up a retro check on my offset to my DIC about 2 years ago as well as they sent me the wrong amount in some of the monthly DIC checks.

    I wrote to them that I think they made a mathemathical error of at least $300 or over $11,000.

    They erred in both situations and in 3 weeks I got the additional checks.

    It shows they can read a claim or a letter from a claimant-and react to it if they want to.

    Some of the claims there have taken 3 months.

    I helped a NSC vet get TDIU for PTSD in 3 months from the same VARO.

    I wonder if the fact that he supplied his private records made a difference as they were not too involved-probably not a big stack-and I told him to send the VA copies of them with the TDIU form.

    Whereas my husband's VA medical records are contained in 5 large volumes.

    Sometimes when the VARO gets claims I wonder if Size matters!

    This VARO does not respond to NODs for over a year in most cases.

    Some claimants get a generic VCAA letter that does not tell them what they specifically need for the claim.

    There are many remands at the BVA due to this failure at the Buffalo RO to send a proper VCAA notice.

    Other claimants at this VARO do get VCAA statements of exactly what they need to succeed.

    There seems to be no set procedure as to how they handle claims.

    I have had to send them their own regs from M21-1 to show them what they are supposed to do.

    There is NO accountability at all over these VAROs.

    I wonder too- do they pick and choose----and do they have help from SOs and vet reps as to whose claim should get attention and whose claim will just flounder?

    It seems to me a vet rep might find some advantage to push for 3 awards of 30% each for 3 vets rather than support one award of considerable more compensation for just one vet.

    That isnt fair but then again there is not much fairness at all to the VA system anyhow.

  4. Hi All;

    My American Legion VSO (and myself) filed and completed VA form 0781 as well as VA VCAA on July

    31st,2006 for SC PTSD (Gaf of 45) ; emphysema ; Type 2 Diabetes ; Low Back Pain ; MDD ; Dysthmic

    D/O ; and Other dyspnea and respiratory abnormality - sent my "Statement in Support of Claim" along with

    ALL SMR AND med records from the VA Outpatient Clinic and the VA hospital as well as records from my

    private Doc - I've been told by my VSO NOT to expect to haer anything until AT LEAST SIX MONTHS ...OR

    LONGER. Is this the 'norm' ?? Or is it just here in the State of Fla ( I believe my RO is in Bay Pines , Fl).

    Thanks for any input and/or advice ---

    God Bless ALL Vets

  5. Hi All ;

    My VSO from the American Legion filed my VA Form 0781 as well as my VA VCAA with all pertinent info on JULY 31, 2006 - He nor I have heard anything yet from the RO - Is this 'normal' - or does it take about 6 months or so , as many vets have told me.

    Thanks and God Bless Vets...

  6. Hi again , all -

    Thanks for the input and info. Like I said , I guess it's a 'crap-shoot' with SS , as my brother (who was only a year older than me when he filed in March of 2001) - had repaired copy machines all his adult life , and eventually he had pain in his hands because of it - he had NO OTHER disabilities , yet , he QUIT his job because of it - sold his house here in Fla - had ONE letter from his Doc saying he couldn't continue to work in his "profession" or words to that effect , he then hired the SS lawyer that I talked to and the lawyer filled out and did everything for him (on a contingency basis) and in Sept '2001 (7 months later) he was approved and got his retro pay in Oct 2001 , of which he paid the lawyer a percentage - he (my brother) only had to go to ONE phgysical exam given by SS in the interim - so go figure ,Huh ?? As far as disability ins.,my employer does not offer it - and frankly I couldn't afford it if they did , with everything else they take out on me - after paying all the necessities we LITERALLY have about $80.00 a week left to feed a family of four , gas for the car (God forbid if anything goes wrong with it) , and my Px's - of which oftentimes I must do without , as obviously shelter and food are a priority and my meds are over $250 a month - Can't even qualify for food stamps because I earn "too much"...Right !!! The only thing I got in my 'corner' is a $250,000 life ins. policy if I die (but it can't be borrowed against - but at least my family will be taken care of Huh , ?? :-))

    On the 'flip' side of this , my neighbor who lost BOTH legs in Iraq and also had open heart surgery last year and had a pace maker put in and is 100% SC was DENIED for SSD , so go figure .

    On top of all this , I'm still waiting to hear about getting my C&P hearing from the VA for my PTSD (as diagnosed by the VA shrink (my GAF went from 50 to 45 ).

    Anyway , thanks all for letting me 'vent' - God bless Y'all and Take Care...

  7. Hi All ;

    Not sure how to word this , but let me try. I have been diagnosed with , and am currently being treated and on meds for the following:

    - Emphysema

    - PTSD

    - Type 2 Diabetes

    - Hypertension

    I called a law firm specializing in SS Disability and explained all my problems to them , and was told that I definately qualify for SSD (I am 52 yrs old) HOWEVER , here is the problem - I am currently working - I do sedentary security work giving out visitor passes at a local hospital - but still use many sick days due to diabetic complications , mood disorders etc..Both my personal AND VA Dr's are willing to give me medical notes stating I am not able to even do this type of work - and the lawyer said SS WILL NOT approve anyone who is CURRENTLY employed - but like I told him , I HAVE NO CHOICE , as if I take my Dr's orders and quit working due to my disabilities , how the hell am I supposed to provide for my wife and two kids for the six months (OR LONGER) while waiting for my SS claim to be approved ??? After all , the rent still has to be paid , as the electric , utilities , and we have to eat . Unfortunately , my family and I have no one we can move in with to support us while I wait for the claim to be approved , and we have only a couple thousand in savings - which would only last about a month and a half if we used it to "survive" .

    It's like a "double-edged sword" - the lawyer then sais , "Well , if you ever DO become unemployed ,give me a call ." My Brother got SSD for Diabetes with this same lawyer in about 7 months , BUT...my brother sold his house and was able to 'survive' on the profits until he was approved - hence , he didn't have to depend on any type of employment to survive.

    If anyone has any suggestions on how to get around this - it would be appreciated - as I'm sure there are MANY disabled people in the same situaation as me.

    Thanks in advance... :D

  8. Devil- the Med is a long way from Agent Orange-

    I am curious as to how you are linking your Type II diabetes to your service.

    Hi;

    I AM NOT linking the diabetes as SC - ONLY - I REPEAT ONLY...the PTSD , but my VSO said it "never hurts" to list ALL of the medical conditions that you're being treated for - the PTSD (as diagnosed by the VA clinic) is a result of my friends death which took place while STILL IN SERVICE , hence I became depressed,suicidal,etc...ALL WHILE STILL ON ACTIVE DUTY - AND WHICH THE DR. DID PUT IN MY MSR PRIOR TO MY DISCHARGE (THE SAME DR THAT WROTE THESE PROBLEMS EXISTED PRIOR TO THIS TOUR OF DUTY)- YET NONE ARE NOTED ON MY ENTRANCE EXAMS. THAT'S WHEN THE DR IGNORED MY REQUESTS TO SEE A PSYCHIATRIST / PSYCHOLOGIST AND ONLY GAVE ME TYLENOL FOR MY HYPERTENSION (WONDER WHERE HE GOT HIS MEDICl degree from , Huh ??)

    Hope this clarifies it for you - thanks for any input....

  9. Hi Again, All

    My VSO DID send copies of my MSR's along with my stressor letter , etc.. Maybe I'm putting the 'cart in front of the horse' - as maybe they'll surprise me with a C&P appt (instead of a denial) - as I mentioned , it's only been about a month and a half since my VSO sent it all to the RO.

    Also , I did serve aboard a ship - but it was in the Med when I was with the 34th MAU (2nd MarDiv)- on the USS CORONADO from Sept'71 thru March '72.

    Anyway ,will let you all know what happens...

    Take Care

    'Devildog71'

  10. Hi All ;

    just wondering if I'm in for a LONG wait , as I filed my initial sc claim for PTSD in June of this year - On 31- July '2006 - the VA sent me the VCAA forms and I had my American Legion VSO help me with them and sent in my stress letter as well - should I wait six months - or longer - to contact them if I haven't recoieved an appt for a C&P (or a Denial??) .

    The disabilities I listed are PTSD (my GAF is currently 45) ; also Type 2 diabetes ; emphysema and hypertension - also on my MSR it is documented that I complained of thoughts of suicide (due to a friends death) ; loss of sleep ; coughing up blood , high blood pressur , etc...YET...at NO TIME did the military Dr address any of these - and only gave me TYLENOL - and he had the gall to write at the bottom of the MSR ,"Problems exisited prior to this tour of duty."

    Now , (as I mentioned in my stress letter) - IF I had ANY of these PRIOR to enlistment , why were they not caught at my pre-enlistment physical / psych exam ??? - and IF they were , why was I accepted for military duty in the first place ???

    Anyway - just 'throwing' this out , as it's all new to me. BTW , I served from '71 to '75 - Honorable Discharge. Viet-Nam era vet - but NO combat .

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