timetowinarace

Let's see, Larry Craig is once again patting himself on the back for the good work he does for veterans. Yup, this is a good thing. But it is something that should have been done long ago. The first thing I notice is this action costs nothing. According to the article the retired Judges are already being paid the same rate as active Judges while they are retired. They are being put back to work. All of Craig's good deeds for veterans seem to not cost the VA a dime. Rather than fully funding the VA at all levels and solving the backlog by properly working claims to begin with, he thinks he is doing a great service to veterans to have them denied for years before the court straightens out the mess. And I am refused VA health programs that would help me because the programs are "full". Not even given a future date. In two years I will use this good deed against him and put him on the unemployment line. It's too bad he's not up this year. Time

Well, my username here, timetowinarace, is the name of one of our horses. The horses would be considered my 'toys'. Oddly enough, I can no longer ride. But, I don't have to do away with my toys. My wife also enjoys them and rides daily. I'm able to help and enjoy being around them. To insinuate that because I get compensation for my SC disabilities that I should not use that compensation in order to make my life and that of those around me as enjoyable as possible is absurd. I would give my compensation back double in order to be normal. I would give up my horses in order to be normal. That is not a possibility for me. Any healthy person that would like to trade me places healthwize is not only welcome to any 'toys' that I now have, but to my future toys as well. I do realize how people see this. However, when they have to live in daily pain and permanantly restricted in their activities we'll see how fast their opinions change. Those toys are no longer just something to have fun with. They are the activities that keep us somewhat sane. That Harley or boat can get us away from the people that irritate and we can forget for awhile that what our problems are. No, I have no guilt over toys. These people said nothing while I was losing everything. No-one offered to save my house. The simple way to look at this is, Take any income you have for the next several years and put it under your bed. Find another way to pay bills, feed yourself or just plain don't pay the bills or eat. Then after 4 to 5 years take it all out and do what you want with it. This proccess is available to EVERYONE. The difference is, we Vets are forced into it. It's not a decision we make. That 4 to 5 years is miserable. I'd like to see a healthy person do it. Time

I have not 'fired' my SO. But as stated, I took over my claims. I worked the claims as if I had no SO. I would still be rated at 20% rather than my current 100% schedular if I had relied on my SO. It's that simple. Time

Well, first I don't have a problem with your conclusion. But maybe looking at it a different way will help. Quality of life is one of the considerations in VA compensation. Being disabled with a roof over your head and food in your belly and the care to keep you alive is one thing. It's a good thing. However, if I cannot enjoy life because I can't afford to do anything but eat and sleep with the roof over my head, it would be a miserable life indeed. Yes, when I got my envelope it was simular to the lottery. I could get back some of the stuff I had lost while waiting. I could keep my house that was in forcloser. I bought a new truck and horse trailor. Keep in mind that over the years that I had gone with no income, my credit is shot. Cash from retro pay is the only way I could buy anything. The retro is money that, had I been recieving it at my first denial I would have these things allready. I would not have lost so much. I would have the credit and ability to get these things. I had a truck that I couldn't repair so it was useless. No, a person should be able to enjoy themselve's whether disabled or not. If that means buying a boat and heading out to go fishing I'm all for it. Let's face it. Some of us can afford a toy or maybe two. But we're not talking about a vintage car collection, a mansion in malibu, or a personal Lear jet to travel on. We're talking about rebuilding a vintage car as the finances become available, or a timeshare summer cabin, or airline ticket's to where ever for vacation. A big difference. These are things we would do if able to work for it. Living as the working class live. To me, it seems something is wrong when a veteran can be as happy to get VA beniffit's and live as a middle class person, as is the person that has joined the upper class by winning the lottery. Hmmm, how did the veteran feel before the award to make this such a big deal? So, not to be arguementative, but I disagree. I have a hard time being stuck in this house because I don't feel well. If I had to stay because I had no 'toys' to play with when I do feel well enough, I would certainly add my name to the suicide list. Quality of life is a huge factor in a disabled persons health. So yeah, most of us are quite happy to have it. Maybe we shouldn't say so. Certainly we don't live the life of Paris Hilton. Time

You only have one C-file. So when a new claim or re-open is filed your C-file usually goes back to the beginning and work begins on your new claim. The collecting of evidence and all that. They will work all claims at once but starting at the beginning of the new claim. The exception is if there is enough evidence to rate a condition immediatly. Beware of one condition being rated and the rest defered. The VA can close the other claims without notifying you. If you get a decision on one claim, immediatly NOD the rest. As for IU, I'm not sure if they will decide that first or if they will wait for the other issues to be rated. Chance are that your file is being devoloped (or in a stack to be developed) for your latest claim. Your earlier claim/s will not be worked untill the file has caught back up. Hope this makes sence. Time

The backlog is created by an underfunded VA. A lack of employees at the RO level causes claims to not be properly developed. Then they are not properly adjudicated. Then they are sent to the BVA. Then the are sent back to be properly developed again taking time away for new claims to be properly developed. An OVER STAFFED RO would solve the backlog problem. More properly rated claims at the beginning would mean less use of the BVA hence even less backlog for remands. The blame goes to the Senate, Congress and President for not funding the proccess. Time

Hospital and treatment records for GW1 deployed troops have to requested by date and facility. They are not in SMR's or listed in the veterans files. They are stored by facility. Request them by facility not by the name of the veteran. Example. I had to request treatment records from St. Louis by giving them the facility I was treated at and the date. 5th Fleet Hospital, 10-17 Jan '91 for head injury and Landstuhl Army Hospital, Germany, 17-? Jan '91 Head injury. There is a database you can call to see if the records are there. I'll find the # as soon as I can. Time

"symetrical response - with reversed fixation indicating a central pathology." This phrase does not indicate a inner ear problem. It's saying that vertigo IS present but a central pathology means it is caused by the brain. Central means brain. Meniere's is an inner ear problem. I have had the testing for my dizziness/vertigo. The tester was very surprised that I didn't feel nausious or like I was falling and that I recovered very fast (could focus on a dot). He decided that I was dizzy so often that I was used to it. Anyway, the testing found no sensory problems and central dizzyness/vertigo was the conclusion. Many things can cause central vertigo. Head injury (even a mild cuncusion), meds, major depression, seizure, cognative dissorder (slow proccessing speed), ect. Without new testing and a definate diagnoses this report will make it hard to be SC for meniere's. The good part is that if you can get a diagnoses for the vertigo, the test proves you had it in service. That is my VERY non-expert thought though. Time

I havn't found this for medical C&P's but maybe this will help. Notice that NP's, Pa's and other's must have "close supervision" and close supervision by the definition supplied below requires the proper licenced professional meet with the veteran. Department of Veterans Affairs VHA DIRECTIVE 2006-013 Veterans Health Administration Washington, DC 20420 March 7, 2006 QUALIFICATIONS FOR EXAMINERS PERFORMING COMPENSATION AND PENSION (C&P) MENTAL DISORDER EXAMINATIONS 1. PURPOSE: This Veterans Health Administration (VHA) Directive establishes policy for VHA clinicians and managers regarding the professional qualifications required to perform Compensation and Pension (C&P) examinations for mental disorders. 2. BACKGROUND a. On February 9, 2005, the Veterans Benefits Administration (VBA) issued C&P Fast Letter 05-01, Qualifications for Examiners Performing Compensation and Pension (C&P) Mental Disorder Examinations. C&P Fast Letter 06-03 revises those instructions and provides additional guidance. This VHA Directive is issued concomitantly to provide congruent directions to VHA personnel. b. The objective of a C&P mental disorder examination is to obtain competent, critical, objective, and unbiased results. To ensure that examination providers are competent to provide findings and opinions that are valid and necessary for rating purposes, individuals who conduct C&P mental disorder examinations must have specific qualifications. As discussed in subparagraphs 4a and 4b, only certain individuals are permitted to conduct initial mental disorder examinations. In addition to those individuals, certain other individuals are permitted to conduct review or increase mental disorder examinations as discussed in subparagraph 4c. c. To maintain the integrity of the patient-provider relationship, it is preferable that a veteran’s treating physician not perform the C&P examination for mental disorder. 3. POLICY: It is VHA policy that each mental health professional who conducts a VHA C&P examination for mental disorder must be appropriately qualified. 4. ACTION: Each facility Director, or designee, is responsible for ensuring that the: a. Mental Health Professional Conducting C&P Examinations for Mental Disorders is Clinically Privileged. The mental health professional who conducts a C&P examination for a mental disorder must be clinically privileged, as governed by applicable law and the policies established at individual VHA facilities, to perform and/or supervise the performance of the following activities as required for all C&P examinations for mental disorders. The mental health professional must be able to: (1) Diagnose all mental disorders, including personality disorders, using the nomenclature in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). THIS VHA DIRECTIVE EXPIRES MARCH 31, 2011 VHA DIRECTIVE 2006-013 March 7, 2006 2 (2) Provide an assessment of each veteran using the multi-axial system as set forth in DSM-IV with a narrative explanation of the Axis V determination. (3) Determine when clinician-administered psychometric testing is necessary and integrate the results of such testing into the examination reports. (4) Assess the need for, and effectiveness of, pharmacological and non-pharmacological treatment. (5) Provide a prognosis with respect to each mental disorder or condition. (6) When necessary, comment on the significance of the veteran’s prior mental health assessments (as reported) with respect to symptoms, occupational history, social history, and global assessment of functioning. (7) Identify veterans presenting with complex diagnostic questions or other issues that are beyond the examiner’s expertise, and refer those veterans identified to a board-certified, or board-eligible, psychiatrist or a licensed doctorate-level psychologist who has the expertise necessary to complete the C&P mental disorder examination. b. Examiner Qualification Requirements for Initial Mental Disorder Examinations Are Met. Mental health professionals with the following credentials are qualified to perform initial C&P examinations for mental disorders. They are: (1) Board-eligible psychiatrists (those who have completed a psychiatry residency and who are appropriately credentialed and privileged) and board-certified psychiatrists. (2) Licensed doctorate-level psychologists. (3) Doctorate-level mental health providers under close supervision by a board-certified, or board-eligible, psychiatrist or a licensed doctorate-level psychologist. (4) Psychiatry residents under close supervision by a board-certified, or board-eligible, psychiatrist or a licensed doctorate-level psychologist. (5) Clinical or counseling psychologists completing a one-year internship or residency under close supervision by a board-certified, or board-eligible, psychiatrist or a licensed doctorate-level psychologist. NOTE: Close supervision means that the supervising psychiatrist or psychologist met with the veteran and conferred with the examining mental health professional in providing the diagnosis and the final assessment. The supervising psychiatrist or psychologist must co-sign the examination report. c. Examiner Qualifications Requirements for Review or Increase C&P Mental Disorder Examinations Are Met. Mental health professionals with the following credentials are qualified to perform review or increase C&P mental disorder examinations. They are: VHA DIRECTIVE 2006-013 March 7, 2006 3 (1) Mental health professionals qualified to perform initial C&P mental disorder examinations (see preceding subpar. 4b). (2) Other mental health professionals, such as licensed clinical social workers, nurse practitioners, clinical nurse specialists, and physician assistants, any of whom must be under close supervision by a board-certified, or board-eligible, psychiatrist or licensed doctorate-level psychologist. NOTE: Close supervision means that the supervising psychiatrist or psychologist met with the veteran and conferred with the examining mental health professional in providing the diagnosis and the final assessment. The supervising psychiatrist or psychologist must co-sign the examination report. d. Documentation of Qualified Examiners is Completed. As required in the C&P examination worksheets, examining mental health professionals must sign the reports and, if applicable, obtain the signature of the supervising psychiatrist or psychologist. All signatures must include the individual’s professional credentials (i.e., MD, PhD). NOTE: These signatures denote compliance with the requirements of this Directive. e. Examinations are Returned as Inadequate for Rating Purposes, if Necessary. A C&P examination for mental health disorder may be returned to VHA by VBA as inadequate for rating purposes, when the exam: (1) Does not include the examiner’s credentials and signature, (2) Does not include the signature of a board-certified or board-eligible psychiatrist or a licensed doctorate-level psychologist. 5. REFERENCES: Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR (Text Revision), American Psychiatric Association, June 2000. 6. FOLLOW-UP RESPONSIBILITY: The Office of Patient Care Services is responsible for the contents of this Directive. Questions may be directed to (202) 273-8434. 7. RESCISSIONS: None. This VHA Directive expires March 31, 2011. S/Jonathan B. Perlin, MD, PhD, MSHA, FACP Under Secretary for Health DISTRIBUTION: CO: E-mailed 3/8/2006 FLD: VISN, MA, DO, OC, OCRO, and 200 – E-mailed 3/8/2006 ----------------------------------------------------------------------------------------------- Time

Well. something doesn't add up. Denied because of no new and material evedence? They had to have considered your claim re-opened to give you a C&P. The records you sent had to be considered new and material in order to get the claim re-opened. What I'm saying is, they are contradicting themselves. Obviously they had to concider the new and material evidence AS new and material in order to re-open the claim to begin with. BEFORE ordering a C&P because they cannot order a C&P on a closed claim. It sounds to me like they do not want to take the time to work your claim and are hoping you'll go away. Time

Hospital or treatment records for deployed soldiers during the GW are NOT included in SMR's. They have to be requested by time and facility. The search for records will be different for the GW1 era veterans. First and foremost is to give the VARO a detailed as possible statement as to the aproximate date of treatment, the facility treated at, and of course the injury/illness treated for. By Law, the VARO must pursue these records and cannot make a decision untill they have a statement in writing and signed from the facility that has the records that they no longer exsist. In most cases, VARO does not do this. As long as they had the info neccissary as stated above, this is CUE. Second is to request specific records by FACILITY and DATE from St. Louis yourself. Also, there is a Database for GW1 that lists these records. All you have to do is call with facility and date and they can tell you if your records are in the database. They will send you the forms with the specific records listed to sign and send to St. Louis. I will try to find the 800# again. I've posted it a few times. For me, the records from one facility was listed but not the other so when I got the form I added the one that wasn't. Interestingly enough, the records that were in the data base are missing but I recieved the ones that did not show up. Time

Memory loss and cognative deficits are one of the more common problems GW vet's are being diagnosed with. But as stated, GW syndrome does not officially exsist. The statement made probably won't be enough to link it to service, but if there are records to indicate he has been complaining of it for some time or himself and/or others can state that the problem has been there since GW service it might be enough to link to service. And, as stated, a diagnoses will almost destroy chances for service connection unless the diagnosed condition can directly be linked. Many GW vets are losing thier SC ratings after being diagnosed with conditions such as fibromialgia. I suggest a full battery of neuro-psychological testing. While I am service connected for my memory/cognative deficits, I had a head injury during GW service. However, no one has been able to explain why my problems are progressing and getting worse. It simply does not happen to this degree with head injury. I'm not a scientist, but I feel that the memory problems are the one common thread that proves GW syndrome and in time will be hard to disprove. I lean towards nerve gas or DU causing neurological problems. Time

Actually, I've called and been told that "well, you just called two days ago". I had talked to someone else. So, yes I do believe they do keep a log of when you've called. If your file has been brokered to another rating office that is good. Only ready to rate file get brokered. Time

I'm at 100% but have no migrain rating. The headaches are supposed to be considered with the headinjury claim. I have a re-eval C&P this week and if I'm not given P&T this time around I will file a claim for the migraines. Maybe I should anyway. Just fought too hard for too long and haven't wanted to jump back into it yet. If I take Promethazine (phenagren [sp]) with the Zomig it helps more. That's what they do for me if I have to go to the ER. Morphine and phenagran. I don't take Topamax anymore cause I'm allready loopy and don't need to make worse. Now I'm taking Verapamil and am undecided if it helps at all. Time

I also get the 6 doses a month of Zomig. I get the 2.5mg. There is a way around this that will help if your neuro will do it. My VA neuro sent me six 5mg tabs after my last appointment. I still get the usuall six 2.5 monthly. So if your taking the 2.5mg ask for the 5mg to cut in half for twelve doses per month. The cost on meds is per pill no matter if it's 2.5 or 5. Double the meds at same cost to VA. I think you'd have better luck with IU or an increase on the depression rating than getting more than 50% for migrains. As a daily sufferer I don't think migrains should be capped at 50% but they are. I spend 50% of my time literally hoping I'll die, the other 50% I spend hoping the meds will give me a few hours to get out and live. Mine are post traumatic (head injury). Time

Yeah, you'd get paid at the 60% rate untill it changes. It shouldn't go below that, but there is no garantee that it won't. It would be a rare occurance though. There are different ways to go also. You've said you have depression from the Chiari. You may want to pursue that as a secodary to SC claim. Same with the headaches. Memory problems is one of your symptoms. I suggest neuro-psych testing to discover any functional limitations. I had no idea that I had cognative impairiments untill I was tested. Nobody else did either. Still, those that I meet or have known my whole life do not know and can't tell they are there, unless they've been told. But, my rating is for dementia. Just some ideas Time

Of course we're still friends. I do respect you and your opinion. Time

Well, 60% sounds low. If you decide to NOD let us know. I think you should be 100% schedualar but it would be a good idea to file for IU now. Time

They're doing okay. Claims filed- 152,669 clsims proccessed- 118,264 claims granted- 104,819 claims denied- 13,445 claims pending- 34,405 But their ratings are likely to be lowballed. The light is shining on them right now. They won't go through the BS untill the War is over. At least that's my veiw. Time

http://www.gwu.edu/%7Ensarchiv/news/20061010/index.htm VA Takes Nine Months to Locate Data on Disability Claims by Veterans of the Iraq and Afghanistan Wars Report Indicates that 1 in 4 Veterans of the Global War on Terrorism Claim Disabilities For more information contact: Meredith Fuchs/Catherine Nielsen - 202/994-7000 Washington DC, October 10, 2006 - One in four veterans of the Iraq and Afghanistan Wars are filing disability claims, according to records released by the U.S. Department of Veterans' Affairs (VA) under the Freedom of Information Act after nine months of denying their existence and posted today on the National Security Archive Web site. The VA responded to the Archive's original January 2006 FOIA request for documents about the number of disability benefits claims filed by veterans from the current war in Iraq by claiming that no documents existed, apparently because the reports concern the Global War on Terrorism (GWOT) rather than being limited to the Iraq War. Notably, one of the reports indicates that GWOT is the "military name for the current wars in and around Afghanistan and Iraq." A similar report was released in December 2005 detailing Gulf War veterans' benefit activity. An updated copy of this report was released in March 2006. Only after the Archive administratively appealed the VA's "no documents" claims and advised the VA that it was prepared to file a lawsuit did the agency manage to locate the records. One is a January 30, 2006, document: "Compensation and Pension Benefit Activity Among 464,144 Veterans Deployed to the Global War on Terror." It reports that more than 150,000 deployed Operation Enduring Freedom (Afghanistan) and Operation Iraqi Freedom (Iraq) veterans, out of more than 560,000 veterans of the Global War on Terrorism (GWOT), filed disability compensation and pension benefits claims with the Veterans Benefits Administration (VBA). The other is a July 20, 2006, document: "Compensation and Pension Benefit Activity Among Veterans of the Global War on Terrorism." Veterans' groups have criticized the VA for using emergency appropriations to fund veterans' benefits rather than realistically planning and budgeting for the veterans' needs. According to Veterans for America, the newly released data suggests official estimates dramatically understate the future cost of the current Iraq and Afghanistan Wars. If the current trend continues, then VA could receive as many as 400,000 disability claims from the 1.6 million deployed active duty and reserve service members in the Global War on Terrorism. Jonathan Powers, Associate Director of Veterans for America and an Iraq War veteran, warned, "VA already has a backlog, and the claims process is only going to get worse unless VA takes action now. VA has no plan or funding to process and pay existing and future claims to ensure our veterans promptly receive the disability benefits and healthcare care they earned." In its most recent FOIA Annual Report, the VA purported to process 1.9 million FOIA requests during FY 2005, with a median processing time of 11 days. Meredith Fuchs, the Archive's General Counsel, expressed dismay at how the FOIA request was handled: "For the agency to take nine months to 'find' information that is of clear current public interest in the context of the ongoing Global War on Terrorism is astounding. It is one thing for VA to be reluctant to deliver bad news, but another thing entirely to deny the existence of the information." -----------------

Carrie, I consider you an important and welcome member of Hadit. But, I don't agree. You did start this thread and in that first post you included this phrase. "The bashing that went on here went way past a search for feedback, or just posting a personal opinion. At best, it was gossip and could have harmed veterans who might have been inclined to seek Dr. Bash's help" Your post was to discredit. Also, I was not the one to suggest deleting the thread. That came from one of your supporters. I just commented on it. I also beleive Dr. Bash is needed in some veterans cases. The only reason I commented at all is because it does Hadit members no good to tag team a veteran that has an opinion they do not agree on. This happens often on another well known VA claims help site and the only long term members are the ones that are the "team". In short, I don't see a reason to chase away anyone that may need our help or that may be able to provide some help to someone because they don't share the same high feelings you do about a particular resource. Nothing personal here. But, you ARE the one pushing this thing. Time

Not to be a smart a$$, but this is usually the treating physician for most of us. Callover is correct. This thread was not started by him. He states over and over that others are entitled to their opinion but his is different. If his experience with Dr. Bash was negative, others have the right to know so they can make an informed decision on using this recource. Not just the pro's but the con's also. Should the thread be deleted? Maybe. After all the thread was started to discredit anothers opinion. But I think there is good info here between the nasty remarks. Time

Congrats. I'm glad you got it. Time

I can explain. It's an active War. If the public was to hear returning soldiers were being treated as the rest of us are there would be hell to pay for the politico. The Gulf War 1 Vets did get some early timely decisions. Untill they were out of the limelight. Simple as that. And when this one is over they'll be in the boat with us. Time

Welcome to Hadit. Hope we can help in some way through some of the tough times. Hang in there Time