timetowinarace

I called SS this morning about backpay. Here is the scoop. The Dept. that does backpay received my award information Dec 24. They started working on it today, Jan 30. The hold up? Backlog. The gal I talked to was very nice and knowledgable. She said it takes any where from 2 months to 9 months to proccess backpay. It's been two months to the day now. The reason for the long delay? She said that SS must verify if I have recieved any type of disability insurance or financial assistance (private insurance, state programs) for each month of the five years of retro. And also any attorney fees. She said because the award was so large and covered such a long time period, it will take them awhile to proccess it. In short, it may be another seven months if you can imagine that. OUCH. Time I bet if I owed a $45,000 overpayment it wouldn't take nine months to proccess.

Yep, PET scans can be very usefull. SPECT scans are cheaper but not quite as accurate as the PET. Time

I don't know what the cost would be for an EEG. But, I don't think an EEG will do anything in the way of SC for TBI. They are very well known for giving false negatives. Neuro-psychological testing of the type needed to verify TBI is usually a combination of tests that determine current full IQ, language and verbal skills, consentration and attention, and much more. Without this testing, there will be no higher rating than 10% unless brain lesions show on imaging. While what you say is true, slow wave form of the frontal lobe can be signs of a deficit, it is not proof of a head injury as far as I am aware. These can also be simple siezures or even a migraine. I strongly suggest testing and evaluation by a Neuro-Psychologist for TBI proof. In my case the VA would not do it. I had it done privetly and in the end it won my claim. Also, if your symptomatic of TBI and a head injury is shown in your SMR's, you definatly should not get a denial. Even without EEG results of any kind, the subjective symptoms can be rated up to 10%. Time

I agree that your position is the way the VA works. Vets must be prepared. I don't agree that it should be that way. The burden should not be on the vet to prove the claim/condition. Reason #1. For a vet with a mental disability claim to go into an exam with, or even to provide the RO with, US Code, rating criteria, exam criteria, "take the lead", ect., gives rise to the concern that the vet has researched symptomology and is telling the examiner what is necissary through knowledge of the condition rather than experience of it. Because the vet distrusts the examiner/RO and produces knowledge of rating criteria, the examiner in turn distrusts the vet as having a true experience of the condition. This is the revolving door we are stuck in. Reason #2. The majority of new vets with new claims have been told repeatedly during enlistment, during service, while seperating, from the VA, from VSO's, that the VA will take care of them. They file their claims and wait. The VA drops the ball, and in most cases the VSO drops the ball(in my opinion). A few get mad about it and research and fight, the rest get mad and say screw it. I suppose there is a number that are treated fairly, though I haven't personally met one. Reason #3. What happens to those that cannot learn the system? There are many reasons why a particular vet may not be able to learn all this BS. For me it took years because of my cognative disorder. I have forgoten much of what I learn at hadit and must research almost every time I post a reply here. I keep recources so I can do that. For me the phrase that the "Veteran is his own best advocate" irritates me to no end. I understand the idea behind it, but feel it leaves some veterans swinging in the wind. I just hate when I'm told by VA employees that I fell through the cracks. My blood begins to boil. IT IS NOT ACCEPTABLE TO HAVE CRACKS! (no appology for yelling) Re-evals are possible cracks for P&T veterans. As always, my not so humble opinion. Time

Not saying your stupid. 9304 and 9305 are ratings for dementia of different causes. Dementia is cognative disorder. And they are rated under the general rating formula for mental disorders. 8045 and 8046 may be the - codes your thinking of. they do cover headaches as symptomatic with a max 10% rating unless there is a diagnoses of dementia. But you can't have both of the ratings. If you get the dementia rating you will not have a seperate rating for headaches. I have the same rating table as you. However I know these rating codes mentioned forward and back as I am rated under them. I have migraines ratable at 50% but cannot be rated for them under these codes. I cannot be rated for them at all. Don't take it personal but your assesment of those particular codes is wrong.(if you can show me different, I need to re-open my claims) Unless of course the claimant has had a service connected TBI. Then a 10% rating and no more under 8045 would be expected for the headaches. Time

I'm going to assume you have some education or have done some research on the various mental conditions and how they effect individuals? Not trying to be a smart a**. You have a strong opinion about this but I don't see any real experience or knowledge of mental disorders. Just wondering where the opinion came from. I think it's a ligitamate question for the topic. Time

I agree with Jazona. Examiners and raters made a mess of my claims for years. Also the difference with evaluating a physical condition and mental conditions are not compareable. A person with a physical condition can refuse to do something that causes undo pain. For me, just going to an evaluation causes me undo anxiaty and since I have a somatiform dissorder with the anxiaty, I feel it as actuall physical pain. Only I cannot refuse to go through this pain. And our memories seem short. It was only a couple years ago that congress had to stop manditory re-evaluations of 100% PTSD Vets. One Vet commited suicide when he recieved notice in the mail of his appointment for re-evaluation. It caused a great deal of problems with hundreds of others untill the evaluations were stopped early. The thing some do not seem to understand is this is a great stress issue with those of us that have these conditions, and for many it is great stress that caused the conditions to begin with. What do you think is goning to happen? The same thing that would happen the the physically disabled if thier conditions were stressed. More pain. I don't see how that is considered fair. Time

Not to mention over 500,000 backlogged claims to view. Time

9304 Dementia due to head trauma. I'm doubting he was rated under that code. It's a mental disability rating not neuro. It is usually neurologists that specialize in diagnosing and treating migrains. I would suggest going to one, both for better treatment and a diagnoses the VA can't reject as easily. Time

Livingrock, I can't help much with your claim as I don't have any knowledge obout your condition or the rating criteria for it. You have been getting good advice from others about that. However, after reading your posts, I'd like to make a suggestion and you can take it for what it is worth to you. It seems to me that your medical condition and the VA process is causing you considerable anxiaty. Mine did/is. I would recomend going to your local Vet Center and talking to a councilor to this end. Just explain your situation and the frustration it is causing you. While they can't do much, if anything, for your claims process, they are used to vet's with this experience and may be able to help ease your stress. Since this is a claims help site I will throw in that if you are having anxiaty over your medical condition and the frustration of the VA system, you want it documented anyway. More importantly however, it would seem important to me to get your stress reduced considering your condition. Just a thought, Time

I would be interested in studies on how to treat what I'll call 'organic depression/anxiaty'. Only speaking for myself, I have found medication does absolutly nothing for my depression/anxiaty. I've tried them all. Many of them make things worse. Therapy is about as useless because depression/anxiaty is not caused by a personal or social event. Time

Yeah, my wife got hers pretty quick too. But she didn't have a hearing, or attorney. According to the ALJ, the attorney may or may not request payment since I fired him. Had he done his job I would have won the first hearing. He had no part of my review council request nor the remanded hearing. Becuase I fired him, he may not do the paperwork on his end in a timely manner. I know they won't send backpay untill his amount is approved. I guess I'll find out. I had forgoten about the attorney discrepency when I posted. Time

I was awarded Nov 30 and got first check yesterday for Dec payment. When I called last week to check on things I was only told they are working on it. Regular payments was the only thing she could tell me about. The letter I got last week had the breakdown(dates) on the backpay, monthly amount and medicare deductions so I would think they shouldn't need too much more time to figure it out. OH, I forgot about the deduction for the attorney. Maybe that is a hold up. It is substantial amount going back to mid '03 so it's hard to be patient. I called child support and reported the award today because of back child support. (I did not volunteer but did report my VA beniffits out of principal, my daughter had turned 18 and was on her own when I got that award.)It does not matter too much if they get the lump from backpay or standard monthly deductions but because I'm a butthead and my daughter no longer lives with her mother, I would rather her mother not get a lump sum.(I treat people as I have been treated, I'll just put it that way) She deserves and will get the money but......... Time

Two things. One, all treatment records may not be in your SMR's. This is especially true for GW1 vets. In theater records are stored by facility for GW1 vets, they will not be in SMR's. I do not know about the current conflics however, or previous ones for that matter. I need to find out about the current methods. Two, when I requested my SMR's, ST. Louis said VA had them. I had to get copies from VA(C-file). So I believe ST. Louis sends the originals to VA. I don't know this as fact however. Time

I won an informal claim, from information in C&P exam. But the circumstances are weird. I had been denied a head injury claim in '03, the VARO saying there was no records of a head injury. I requested SMR's and sure nuf, no record of it.(GW1 injury) I did not appeal. I later filed for increase of SC undiagnosed fatigue and secondary MDD in '04 or '05. The examiner for MDD stated in the report that depression was likely caused by "head injury in service" and testing needed done to verify. If testing did not verify cognative dissorder then depresion was caused by undiagnosed fatigue. I was denied the MDD because it may have been caused by the "in service head injury" and there were no records of it. I filed NOD on the MDD denial because unless testing verified brain injury, the examiner had stated MDD was caused by fatigue. VA did not test. I then got tested privatley and found injury records. sent them to VARO. I did not send written notice I was re-opening head injury claim. I was awarded for all aspects of my head injury, effective date of '03 because VARO never requested the treatment records but said they did not exsist. Also, during this time I contacted my senator and in a letter listed all of my symptoms. He had sent this letter to VARO. VARO opened claims for every one of those symptoms. My MDD(turned head injury) claim was ready to rate and the rater called to inform me he could not rate untill all of those informal claims had been worked or dropped. While I had not sent written notice that I was opening claims for all of the individual symptoms, I had to send written notice that I WAS NOT claiming them. Either my VARO is messed up (it is) or the VARO does not need written notice from the veteran or represenative to open claims. Time

Thanks for the thoughts. I'm hoping this newest generation of Vets are getting better diagnostics and treatment. No, I don't see it at my end. Years after diagnoses and just a month ago I began speach/language pathology. Fee Basis and I have two sessions left. I doubt I will get anything else in the way of treatment. My migrains and depression are treated with meds. I didn't mean to rant the way I did but this new proposal brings back to mind my fight for SC. I'm elated that the symptom cluster is being recognized. All the years I complained of those symptoms I did not know I had cognative deficits. I could not get recognition for the symptoms though to me, that is what I feel every day. Meaning I am rated for my slow brain even though for the most part I don't notice that I'm slow. (I mostly stay home) But I'm not rated for the things that make me feel so miserable. I have asked a couple of times about the current rating regs because I can't see a way to have anything but a single rating. This new system seems it may change that. I plan to send a comment. I'm very glad you posted it here in full. Time (sorry, I'm getting tired I guess)

I believe(meaning opinion) Hadit has been monitored by the goberment and VA for some time. Not to worry, I've posted my name here on Hadit a couple times. John C. Price. My claims and opinions and advice are ligit. I'm not supposed to say this here but I bet VBN is not blocked at VAMC. Sorry Pete. :) Time

It is ratable now at 10%. you need neuro-psychological testing to prove cognative dissorder to get more than 10%. And yes, all of those symptoms could be TBI. Time

This would change my rating completely. I had posted a question regarding these current regs earlier in the day but no one bothered to address it. No problem, this answers my question. I have one rating currently at 100% for cognative disorder, MDD, anxiaty, and residuals. Under the proposed changes it appears my ratings would go something like this. Cognative dissorder 100% Depression, anxiaty 100% Migraines 50% Symtom cluster 40% The old ratings are ridiculous. Many veterans are getting the shaft. I've started many threads asking about these old regs, all without any replies. I always wondered why my migraines, fatigue, dizziness, insomnia, sound sensitivity, light sensitivity, can't smell, constant shaking, weak, ect, ect, ect, could not be rated. These are the things that affect me the most. Those are the things I feel every minute of every day. If you don't have these things you don't have a clue what it's like. These are things that make me wish I'd die. Bout time the regs are changed. Time

8045 Brain disease due to trauma: Purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045–8207). Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. Let's forget the part that a veteran with migraines(no head injury) can be rated as high as 50% but the veteran with a TBI can get no more than 10% for the same thing with the addition of other symptoms. So if a veteran is diagnosed with cognative dissorder (multi-infarct dementia) and gets rated at let's say 50% under diagnostic code 9304 dementia due to trauma (under the rating scale for mental dissorders), is that the only rating he/she is allowed for the TBI? What if that same veteran suffers migraines at the 50% rate due to the TBI? And tinnitus? Or others that are ratable individually. Is this veteran to be held back to the single rating? This gets very confusing to me. I know I have one rating under code 9304 at 100%. My conditions due to my TBI are: Cognative dissorder-ratable at 100% alone. MDD secondary to cognative dissorder-a ratable condition Anxiaty secondary to cognative dissorder-a ratable condition Migraine-ratable at 50% tinitus-ratable at 10% GERD ratable at 10% there is more but the point is made For me, with a 100% rating it doesn't matter a whole lot except I cannot get SMC no matter how many debilitating conditions I have due to my injury. But, the veteran that had these same conditions but the dementia only rated at 50% could not get a proper rating. Let's say I filed a claim for the migraines, tinnitus, GERD. Would the claims simply be denied because I am already rated under 9304? Whether the rating is 100% or 50%. They are Symptomatic of TBI. Time

Thanks for clarifying the bonus money march. I agree with the point you are making. I only feel that the methods left to us without marching will leave us with more of the same results that we have gotten to date. And I don't have the answers to unite veterans to get it done. Otherwize, we would be in washington now. Maybe this court decision will make a difference in the end but I don't count on it. Time

Part of what you say is true. But, I think service organizations are holding back a march more than anything. For one, their members rely on the organization, especially the ones politically established, to sway the government. But there are dozens of these orgs, all with their own agenda and it divides veterans. Two, too much emphisis is being put on helping each individual veteran. With the claims proccess so messed up, VSO recources are stretched to thin to tackle the big picture. So they must pick their battles and peck at change. Many veterans of the "greatest generation" DID march on washington once. I cannot remember dates and details, but I believe WW1 vets went to washington sometime during the depression years. It may have been WW2 vets in the fourties. I do know they did go to washington and demanded change and did not leave untill they got it. I will try to research the specifics to post. There are over 600,000 backlogged claims. We don't need 600,000 veterans to show up. It would be better if the 25,000,000 vets did but as few as 1,000 standing on the capitol would be heard. I believe more than that would show. 1% of 25,000,000 is 250,000. With a backlog of 600,000 I'm inclined to believe that more than 250,000 veterans are complainers. Even with those numbers, if 1% of the supposed 1% group showed up(250,000), 2,500(.1%) veterans standing on the stairs of the capitol would be heard. If we just figure backlogged claims, and 1% of those veterans showed up, that's 6,000 veterans. Then there are the veterans like me that have no active claims. The veterans that do this for their brothers and sisters because our personal fight with the VA is over. These veterans have more clout with the public because They are not complaining for their own behalf. I would gain very little by doing this. Nobody can say I am complaining because I want a higher rating. How many of us are there, and how many will go? I know this one will. Just my thoughts. Wish I could get it started. Time

As Tyler said, it is an internal review. But, I thought only claims that were already decided went to star. So I'm confused that yours would be there unless you have gotten a recent decision. There is no reason to review if a decision has not been made. Mine went to star after I was awarded. It held up another decision untill the folder came back to my VARO. I have no idea if star has any impact on a decision if mistakes are found. My guess is that a mistake in the VA's favor get's ignored unless the vet appeals and mistakes in the vet's favor get reviewed at the VARO with proposals to decrease ratings. Time

I've writen to my elected officials, all in my state, whether in my district or not. I've written to the president, clinton and bush. I've written to every member on the VA commitee's in both house and senate. I've written to my local paper and news stations. I've written to several national news agencies. I did get replies from most of the elected officials. ("i'll look into it" paraphrased) In the end, I should have written all those letters to Santa Clause. In the end, my goal should have been world peace. The information on veterans issues, (horror stories) is out there. It has been getting national attention. If people do not now know, their mountain cabins are snowed in and Big Ben the bear is soundly hibernating. Most people personally know someone that has had problems with the VA. I'm sorry, but writting letters to elected officials to tell them what they already know is useless. THEY ALREADY KNOW. The same goes for the majority of the puplic. If we don't quit pecking and march in force there will not be change. We will have the public behind us. Who, during this time, is going to say soldiers and veterans do not deserve to be taken care of? Very few if any. Marching works. It has worked for veterans before. A drawn out fight over the VA is not to our advantage. Put whatever term you prefer to it. "Shock and Awe", "Blitz", "Surge", "Spearhead", a one time decisive "Show of Force" (without physical force of course). Again, this is my not so humble opinion. It is not my intent to discourage anyone from using the tools many of us have been using for years. Service organizations have been using them for years also. I only believe the results are minimal. Worse, many burn out fighting the system when there is little to show for it in the end. Time

I personally feel that we Vets can complain all we want, unless we get support from non-Vets, minimal changes will be made so that polititians can say they are looking out for Veterans everytime a new study on PTSD or TBI or whatever is implemented. Congressmen and Senators like to lick the flavor of the day while the rest of the icecream melts. They like to say they did this or that for Veterans as if early detection of PTSD or TBI does anything to get a proper rating. Senator Craig is a perfect example. Look at his voting record. He says one thing and votes the other way. Just like his restroom incident. He is my State Senator and I wrote a letter about him to the local paper that was printed. I only stated facts in that letter and he was so concerned about it he replied publicly in the paper. Of course he could not deny his record but only could say he had visited troops in Iraq and implemented an insurance program for them (something that cost the government nothing). In another letter to the paper that was printed, I left politics out and simply explained the problems with the VA system using actuall verifiable facts and numbers. I explained that all of those people with yellow "we support our troops" stickers on cars could help. I invited anyone interested to contact me directly. No one did. Not one person. Not even a responce to the paper. The public is content to spend three bucks on a car magnet. They do not want to get involved. Here is the proof. Everyone that has known me well over the years and the difficulties I have experienced with my health always asked if the VA was helping me yet. They were ligitamatly concerned for me. In that fifteen years, none of them asked why there was such a problem. They said it was "bulls**t" that I was having problems with the VA. But, no one wants the details. Now that I have my benifits, no one asks. They ask about how I am feeling but they are not concerned about Veterans issues. They, like the majority of the population, will say "that's bulls**t" when they hear of a sad Veteran story and that will be the end. The paragraphs above are not a rant but the reason for my opinion. My opinion is that little will change unless the public is 100% behind us. The public sees a story here and a story there and then goes about thier day. My opinion is that Veterans will have to march on washington, and stay there, so that all of the public cannot go about thier day without seeing Veterans issues on local tv news, newspapers and hearing about it at work. We should stay untill there is a change. The puplic wants to be behind us right now, but will not unless we keep it in the forefront. I'm willing to go sleep in a sleeping bag in front of the capital for as long as it takes so that some Vets will not have to sleep in theirs because it is all they have for years. I wish I could impliment this but it is not in my capability. I will be among the first to go if someone can make it happen. We have been pecking away at Congress, the Senate, the President, and the Courts for years and that's what we get back, a peck of change here and a peck of change there. Then it's time to peck somemore because those pecks are outdated. Just my opinion. Time