timetowinarace

I for one am not surprized. I began going to VA in '92. The Doc's checked me out and sent me to mental health saying they could find no cause to my problems. The psychiatrist that interviewed me said I had no mental health issues. I told him either he was wrong or the Doc's that sent me to him were. There was no question I had problems and I really didn't care if it was physical or mental, I just wanted fixed. He informed me of GWS. For fourteen years I was told by medicall Docs I was depressed. Many exams by psychologists found no mental illness. At no time did the medical Docs or the mental Docs agree nor talk to each other. The psychs sent me back to the Doc's and the Doc's perscibed anti-depressants that did nothing. Now the Doc's are right. Years of poor health with no answers has made me very depressed. Now I'm diagnosed with dementia and other problems due to head trauma. Problem is brain damage due to trauma does not progress. Yet, I get progressively worse by the year. But, I'm lucky to have the diagnoses even if it's not accurate. I at least get SC benifits. No health help though, as long as there is no recognition of the Illness as a illness. I wish I could stand up and not except what I don't beleive so my case will be included in studies also to help all vet's as my rating will not include me in studies. It's tough to starve untill the Gov admits the thing though. Anyway time to get me off my soapbox. Time

My TBI is closed head injury. Post Cuncusion Syndrome. I have tinnitus. Okay, here we go. By cannon I'm assuming you mean Howitzer. Standing next to one as it fires, without ear protection, could cause hearing loss and tinnitus. However, I used to sleep next to one, on a cot, while it fired. I have no hearing loss and my tinnitus has progressed with time indicating the head injury is the cause. Standing forward of the muzzle or or next to the muzzle as the gun fires can cause a TBI. Often death. On a 102mm, 155mm or larger gun the cuncussion shock near or forward of the muzzle will likely cause AT LEAST a mild TBI and likely a severe one depending on distance. Standing a few feet behind the muzzle is not likely to cause harm except for hearing damage if ear plugs were not worn. Or in my case, gun not fireing, a poorly thrown ten pound sledge hammer drops through the hatch and lands squarely on top of the head can cause a TBI. Time

I find allot of problems with these studies. A personal example. There are actually few GW Vets that have a SC rating for undiagnosed illness. I was one of the few, but like all others, lost that rating when I became diagnosed. VA low balled me at 20% for years for undiagnosed condition even though I could barely function as told by me and everyone that knows me. Now I'm rated at 100% because I was hospitalized with a cuncusion during the war. While many of my symtoms do fit with brain injury, many cannot be explained, and the ones that can are ALSO a common complaint of GWI vets. Memory problems-My rating is for dementia-found in brain injury AND a high rate of GW vets Severe headache-common to both Severe fatigue-#1 complaint of GWI and a product of head injury-my original rating was for undiagnosed fatigue Joint pain-not a product of head injury but I have it. Multiple lipomas (fatty tumors)-single lipomas are common, multiple lipomas are somewhat rare, except in GW vets who have a high rate of them. I have 23 or so. I'm lumpy from tumors. NOT A PRODUCT OF HEAD INJURY Anxiaty and depression-found in both. Legs ache at night, body cannot get in shape no matter how hard I try, shortness of breath-Not a symptom of head injury. I can go on but the point is made. Nobody has been able address most of my problems. Yet I'm no longer considered as a sick GW veteran. Time

Yep, EED, earlier effective date. Usually a reopened claim is paid to the date the claim was reopened. Not the original claim date. Reopened claims are done with new evidence that VA did not have when deciding it the first time. However, if like in yours and my case the VA should lawfully of had the information, the EED should be granted. Realize that going back that far will be a huge backpay check and VA will balk at granting it if they can. Especially if your rating is very high. They may grant the schedular rating at the EED but pay a IU rating to the new reopened date. Time

I wouldn't file CUE untill the claim is awarded. My claim was denied for the same reason. When I did present the injury treatment records and made it clear that I had done all that was necissary for VARO to get these records for the initial claim, I was given the EED. I wasn't about to hold up my claim for the CUE. I needed an income. I just made it clear that I intended to file the CUE claim if necissary for the EED after my claim was awarded. Hope it works out for you the same way. Time

I don't know if it will work for pre-1990 vets but for us GW-I vets we often have to request individual treatment records from St. L by Date and Facility. They are not in our SMR's. I'd try to request your missing treatment records by listing the Destroyer medical dept. and aproximate date and nature of injury. Might not work but worth a try. Records are stored by facility as well as SMR's. Time

50% is the max for migraines. However, if you are unemployable you should file for individual unemployability. Your 50% rating will be the same but you'll be paid at 100% if approved.

Patrick, It's good to see you here. Your knowledge and experience is very helpfull. Time

That is why you need to review your c-file. If there is not a signed letter in there from the facility that had control over the records requested/or not requested, that the records no longer exsist or cannot be found, then your effective date should be back to the original claim. I can guess with a high degree of certainty that you found your records in St. Louis with the treating facilities records. All treating medical facility records were sent to St. louis to be stored and were not added to servicemen's medical records. They are still stored by facility and not by service member. I can also guess with my experience with VA procedure that the VARO NEVER specifically requested your treatment records and only your SMR's. When the information was not in your SMR's they KNOWINGLY denied your claim without looking farther. They give the impression to the ignorant disabled Vet that they have requested the needed records when in fact they recieve the SMR's and look no further. I thought they had looked for mine untill I reviewed my c-file and found no request for the records that would prove my claim. I had sent a letter to my Senator explaining that the VA broke no less than eight Laws to deny my claim. And listed them. This letter was sent to the VA for explaination by the Senator's office. I feel that I did not have to file CUE because the VARO was well aware that I would. Unfortunaley you cannot file CUE for EED untill you have been service connected and rated. Then you can file IF they do not give you the original claim date. Hopefully they will do it on there own. Luck to ya. Time

As I stated, I also was denied a claim for "no records of accident or injury" and I did not appeal in time. When I did get the records I reopened the claim. I then reviewed my c-file and found that the VARO NEVER REQUESTED MY RECORDS even though I had submitted two forms indicating the date and facility that had treated me for the injury. This IS CUE. However, I did not have to file CUE. When I was awarded my re-opened claim, the VARO called CUE on themselves and awarded the EED. I will add that I had made it quite clear that I knew the law and of VARO's violation of it. As to the origanal question, the only way to speed up the process is to file for an expidited decision for financial or other hardship. Still it is a long wait. I strongly suggest reviewing c-file to find evidence present that the VARO had information as to the aproximate date and treating facility of the medical condition on the original claim. That is the information they needed to request these records. If they had the information and denied your claim based on SMR's (that do not have this type of records in them for Gulf War era) they MUST have written statement from the facility that should have them that they do not exist. No signed statement that the records do not exist equals CUE. In my case they did not even REQUEST my records. 2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them. (i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records. (ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records. (Authority: 38 U.S.C. 5103A() (3) Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. (Authority: 38 U.S.C. 5103A©) Time

I'd hazard a guess that it's a good sign you'll get the 50% max. This is what IU is for. By law it isn't possible to be rated higher than 50% for migraines no matter how debilitating they are. My head hurts daily and two or three days a week I literally wish I'd die. So I know 50% is not a reasonable rating and IU needs to be granted in these circumstance. Mine are post traumatic head injury migraines and not rated seperatly.

I'm not sure how it would be rated in this circumstance. In my situation, head trauma, it does not matter how many or severity of residuals without the diagnoses of dementia. A 10% rating is the highest rating possible for brain trauma and residuals, not to be combined with ANY other rating unless there is a diagnoses for multi-infarct dementia. With the diagnoses, I was rated on the general formula for rating mental disorders, thus getting me to 100%. Still, my residuals are not rated but suposedly considered in the rating. I seen in the ratings below that this aplies to some othe neurological conditions as well. Time

More specifically here is the code. 9305 Vascular dementia. You only need to provide the nexus to Service connect wich your Doc has done. § 4.130 Schedule of ratings—mental disorders. top The nomenclature employed in this portion of the rating schedule is based upon the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, of the American Psychiatric Association (DSM-IV). Rating agencies must be thoroughly familiar with this manual to properly implement the directives in §4.125 through §4.129 and to apply the general rating formula for mental disorders in §4.130. The schedule for rating for mental disorders is set forth as follows: ------------------------------------------------------------------------ Rating ------------------------------------------------------------------------ Schizophrenia and Other Psychotic Disorders ------------------------------------------------------------------------ 9201 Schizophrenia, disorganized type 9202 Schizophrenia, catatonic type 9203 Schizophrenia, paranoid type 9204 Schizophrenia, undifferentiated type 9205 Schizophrenia, residual type; other and unspecified types 9208 Delusional disorder 9210 Psychotic disorder, not otherwise specified (atypical psychosis) 9211 Schizoaffective disorder ------------------------------------------------------------------------ Delirium, Dementia, and Amnestic and Other Cognitive Disorders ------------------------------------------------------------------------ 9300 Delirium 9301 Dementia due to infection (HIV infection, syphilis, or other systemic or intracranial infections) 9304 Dementia due to head trauma 9305 Vascular dementia 9310 Dementia of unknown etiology 9312 Dementia of the Alzheimer's type 9326 Dementia due to other neurologic or general medical conditions (endocrine disorders, metabolic disorders, Pick's disease, brain tumors, etc.) or that are substance- induced (drugs, alcohol, poisons) 9327 Organic mental disorder, other (including personality change due to a general medical condition) ------------------------------------------------------------------------ Anxiety Disorders ------------------------------------------------------------------------ 9400 Generalized anxiety disorder 9403 Specific (simple) phobia; social phobia 9404 Obsessive compulsive disorder 9410 Other and unspecified neurosis 9411 Post-traumatic stress disorder 9412 Panic disorder and/or agoraphobia 9413 Anxiety disorder, not otherwise specified ------------------------------------------------------------------------ Dissociative Disorders ------------------------------------------------------------------------ 9416 Dissociative amnesia; dissociative fugue; dissociative identity disorder (multiple personality disorder) 9417 Depersonalization disorder ------------------------------------------------------------------------ Somatoform Disorders ------------------------------------------------------------------------ 9421 Somatization disorder 9422 Pain disorder 9423 Undifferentiated somatoform disorder 9424 Conversion disorder 9425 Hypochondriasis ------------------------------------------------------------------------ Mood Disorders ------------------------------------------------------------------------ 9431 Cyclothymic disorder 9432 Bipolar disorder 9433 Dysthymic disorder 9434 Major depressive disorder 9435 Mood disorder, not otherwise specified ------------------------------------------------------------------------ Chronic Adjustment Disorder ------------------------------------------------------------------------ 9440 Chronic adjustment disorder General Rating Formula for Mental Disorders: Total occupational and social impairment, due to 100 such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name....................... Occupational and social impairment, with 70 deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships........................... Occupational and social impairment with reduced 50 reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships........... Occupational and social impairment with occasional 30 decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)........................................... Occupational and social impairment due to mild or 10 transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication............... A mental condition has been formally diagnosed, but 0 symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication..................... ----------------------------

§ 4.124a Schedule of ratings—neurological conditions and convulsive disorders. top [With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves] Organic Diseases of the Central Nervous System ------------------------------------------------------------------------ Rating ------------------------------------------------------------------------ 8000 Encephalitis, epidemic, chronic: As active febrile disease..................................... 100 Rate residuals, minimum....................................... 10 Brain, new growth of: 8002 Malignant.................................................. 100 Note: The rating in code 8002 will be continued for 2 years following cessation of surgical, chemotherapeutic or other treatment modality. At this point, if the residuals have stabilized, the rating will be made on neurological residuals according to symptomatology. Minimum rating................................................ 30 8003 Benign, minimum............................................ 60 Rate residuals, minimum....................................... 10 8004 Paralysis agitans: Minimum rating................................................ 30 8005 Bulbar palsy............................................... 100 8007 Brain, vessels, embolism of. 8008 Brain, vessels, thrombosis of. 8009 Brain, vessels, hemorrhage from: Rate the vascular conditions under Codes 8007 through 8009, 100 for 6 months................................................. Rate residuals, thereafter, minimum........................... 10 8010 Myelitis: Minimum rating................................................ 10 8011 Poliomyelitis, anterior: As active febrile disease..................................... 100 Rate residuals, minimum....................................... 10 8012 Hematomyelia: For 6 months.................................................. 100 Rate residuals, minimum....................................... 10 8013 Syphilis, cerebrospinal. 8014 Syphilis, meningovascular. 8015 Tabes dorsalis. Note: Rate upon the severity of convulsions, paralysis, visual impairment or psychotic involvement, etc. 8017 Amyotrophic lateral sclerosis: Minimum rating................................................ 30 8018 Multiple sclerosis: Minimum rating................................................ 30 8019 Meningitis, cerebrospinal, epidemic: As active febrile disease..................................... 100 Rate residuals, minimum....................................... 10 8020 Brain, abscess of: As active disease............................................. 100 Rate residuals, minimum....................................... 10 Spinal cord, new growths of:.................................. 8021 Malignant.................................................. 100 Note: The rating in code 8021 will be continued for 2 years following cessation of surgical, chemotherapeutic or other treatment modality. At this point, if the residuals have stabilized, the rating will be made on neurological residuals according to symptomatology. Minimum rating................................................ 30 8022 Benign, minimum rating..................................... 60 Rate residuals, minimum....................................... 10 8023 Progressive muscular atrophy: Minimum rating................................................ 30 8024 Syringomyelia: Minimum rating................................................ 30 8025 Myasthenia gravis: Minimum rating................................................ 30 Note: It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there be ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses. 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. 8046 Cerebral arteriosclerosis: Purely neurological disabilities, such as hemiplegia, cranial nerve paralysis, etc., due to cerebral arteriosclerosis will be rated under the diagnostic codes dealing with such specific disabilities, with citation of a hyphenated diagnostic code (e.g., 8046-8207). Purely subjective complaints such as headache, dizziness, tinnitus, insomnia and irritability, recognized as symptomatic of a properly diagnosed cerebral arteriosclerosis, will be rated 10 percent and no more under diagnostic code 9305. This 10 percent rating will not be combined with any other rating for a disability due to cerebral or generalized arteriosclerosis. Ratings in excess of 10 percent for cerebral arteriosclerosis under diagnostic code 9305 are not assignable in the absence of a diagnosis of multi-infarct dementia with cerebral arteriosclerosis. Note: The ratings under code 8046 apply only when the diagnosis of cerebral arteriosclerosis is substantiated by the entire clinical picture and not solely on findings of retinal arteriosclerosis. ------------------------------------------------------------------------ Miscellaneous Diseases ------------------------------------------------------------------------ Rating ------------------------------------------------------------------------ 8100 Migraine: With very frequent completely prostrating and prolonged 50 attacks productive of severe economic inadaptability......... With characteristic prostrating attacks occurring on an 30 average once a month over last several months................ With characteristic prostrating attacks averaging one in 2 10 months over last several months.............................. With less frequent attacks.................................... 0 8103 Tic, convulsive: Severe........................................................ 30 Moderate...................................................... 10 Mild.......................................................... 0 Note: Depending upon frequency, severity, muscle groups involved. 8104 Paramyoclonus multiplex (convulsive state, myoclonic type): Rate as tic; convulsive; severe cases......................... 60 8105 Chorea, Sydenham's: Pronounced, progressive grave types........................... 100 Severe........................................................ 80 Moderately severe............................................. 50 Moderate...................................................... 30 Mild.......................................................... 10 Note: Consider rheumatic etiology and complications. 8106 Chorea, Huntington's. Rate as Sydenham's chorea. This, though a familial disease, has its onset in late adult life, and is considered a ratable disability. 8107 Athetosis, acquired. Rate as chorea. 8108 Narcolepsy. Rate as for epilepsy, petit mal. ------------------------------------------------------------------------

Google 'multi-infarct dementia'. You'll get some info. And yes, it's ratable. Time

My C-file is also in washington for random review. This only happened after my claim was approved. On the one hand, I'm glad they are reviewing my file. If it is thorough, my claim is a good example of VARO literally breaking several laws to repeatedly deny me benifits. Other than it finally being approved at 100%, I doubt the regional office would have chose to have it reveiwed. They called CUE on themselves and awarded me an EED to my original claim, though I did not NOD or appeal that denial. (ignorant as I was) On the other hand, they should also reveiw denied claims. These are the corner stone to veterans problems. This is where the truth lies. Also, I was schedualed for re-evaluation in may. It hasn't happened yet because my file is gone. I will be awarded P&T at some point (brain damage being permanant and all) and this delay is costing my daughter. She starts college in Aug. Not to mention that they have been unable to adjust my dependants status. Time

That is what happened to me. No records to indicate ever having an accident. I agree that reviewing and getting a copy of your c-file is top priority. Make sure the evidence is in there. Then look for requests from the VA to the DOD to get your records. If you gave the VA enough information to find these records (aproximate date, place of treatment, the condition treated) and you were denied without them you may get the earlier effective date. Back pay to '93. Time

This report should put to rest all the crying about fraudulant PTSD claims. It is stated in the report that the DSM-IV has safeguards in place to detect malingering. As far as IU is concerned, I think it's true there are too many on IU. Most of them should be schedular. The rating scale makes it very hard to be 100% schedualer for mental disorders or if a combination of lesser disabilities makes it impossible to work, VA math makes it just as impossible to be 100% schedualar.

Here's a link and the IOM's summery on their web page. Institute Of Medicine At the request of the Department of Veterans Affairs, the Institute of Medicine conducted a study on Post-Traumatic Stress Disorder (PTSD). The committee reviewed and commented on the diagnosis and assessment of PTSD and known risk factors for its development. The committee found that PTSD is a well characterized medical disorder and that the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) criteria for diagnosing PTSD are evidence-based, widely accepted, and widely used. According to the committee’s report, PTSD should be diagnosed and assessed by a health professional with experience in diagnosing psychiatric disorders (e.g., primary care physicians, nurses, social workers) using the DSM-IV criteria. Ideally, this diagnosis should take place in a private setting with a face-to-face interview that can last an hour or more. Additionally, while screening and diagnostic instruments might help in the diagnosis and assessment of PTSD, these tools cannot substitute for an evaluation by an experienced professional. The committee wrote that because all veterans deployed to a war zone are at risk for the development of PTSD, it would be prudent for health professionals to query veterans about their wartime experiences and their symptoms, when presenting at primary care and other health facilities (inpatient or outpatient). Last Updated: 6/16/2006, 04:16 PM

To the best of my knowledge, third party hired attorneys are still legal. The catch is it has to be a "disinterested" third party. Mom is not disinterested. If a third party is directly related to the veteran or a member of the household they will not be legally accepted as a disinterested party. I posted that reg a little while back. That being the case, Someone should start a non-profit org to raise money for veterans legal services. It would be successful. I just wonder why service org don't do this already. Or do they? Time

No, the DAV is not likely to support legislation that would reduce jobs in their ranks. The more attorneys are utilized there would be fewer needs for SO's. As helpfull as these organizations can be, it is clear the use of SO's in claims filing is not working to improve veterans chances of getting their well deserved claims approved. As far the vet being their own best representative goes----BULL It can take years for a person that is able to learn all that needs to be learned in law and medical experience to represent themselves. For some it is impossible. For those that it is impossible, many may find someone willing to do it correctly. The rest will starve on the street. My SSDI attorney will get a percentage of my backpay. I think it is 20%. I will gladly give him $20 for every $100 he get's me for his services. If I do not present my claim properly I get nothing. $80 is better than $0 no matter how you do the math. The best part is that I do not endure the stress created by taking on the claim myself making it an all or nothing type situation. It is my opinion that by permitting attorneys the claims proccess will speed up. If for no other reason than because an attorney will not work for free. If the claim cannot be successful it will not be filed. Claimants hireing attorneys will be told if their claim is winnable. SSDI lawyers will not take a case they cannot win because they do not get paid if it doesn't. Fewer frivolous claims filed=more time for good claims to be worked on. SO's generally file all claims with or without merit because they do not want to offend a veteran and then let the VA be the bad guy. They get paid the same either way. If we think attorneys make too much money, maybe we should send our kids to law school. ;0 Time

It is true that there are few lawyers at this point that know VA law. But, I knew nothing of VA law myself, untill I had to learn it. When attorneys are allowed into the system they will do their home work. The veteran being his own best advacate theory has to be put to rest. It took me years and more years to learn regs and medical knowledge. At this pace, I was barely able to keep pressure on my claim. Everyone agrees that those of us that cannot learn to be our own best advacates get the short end of the stick. However, even those that agree seem to favor letting those veterans fall through the cracks rather than allowing them to pay someone to get the benifits they deserve. Very few SO's can or will give personalized attention to a claim. Therefore, veterans like myself are left to do it on there own, WHETHER OR NOT WE ARE CAPABLE OF DOING IT. I would gladly have paid someone to save me from the stress of trying to figure out how to make the VA see that my disability exsists and is directly related to service. They could not see it on there own. Sen craig is after votes. I have made sure and will continue to make sure that his local constituents know of his treatment to vets. He is doing this to cover the fact that he votes against funding the VA. Every bill he has been in favor of costs the VA nothing. He supports those and when he tries to reply to my letters in the local paper he he tries to say he has done all these great things for veterans and does not mention that he refuses to fully fund the VA. Time.

Berta, I hadn't thought of getting the VA to pay for private care. But, if they cannot accomodate my health care needs, I suppose they have to. I'll look into it. They're not giving me the meds because they are unfamiluar with brain injury at all levels, too lazy to read past neuro-psych reports and recomendations along with past treatment with these meds and unwilling to have me evaluated correctly, and scared to prescribe what she calls "experimental medication and doses" of a common childrens ADD/ADHD drug (ritalin) though my dose is the average dose recommended for adults with ADD/ADHD. Alan, My situation is simular to yours. I think of it more like being connected to the internet on a 26k modem while every one else is using high speed broadband connection. Ritalin to me is like using a web accelerator. The information I get is somewhat diluted and still quite slow compared to broadband but at least the connection I have is livable. I often must get away to a quiet place but music isn't an option for me. The one thing I can't 'turn off' is my ears and as long as there is sound going in my brain tries to proccess it and that is usually what causes most of my troubles. It's propably good that my nose doesn't work and I can't smell anything. B) Thanks to all, Time

Yesterday I was refused treatment by the VA again for my SC condition. I was given 3 or four "choices". 1. Be satisfied with the inadiquate treatment I'm currently receiving even though I'm told more needs to be done. 2. Seek and pay for private treatment. I went bankrupt getting private care through the claims proccess and there are no brain injury specialists in the area. 3. Move near one of the three VA/DoD brain injury centers. Is it really a good idea for a person with cognative dissorder and major depression to move away from the family support structure that keeps me from being completely isolated? 4. Be admitted to long term mental health care if I cannot cope well without the meds that they will not provide. They won't treat me with the meds that help while saying my problem is neurological, which it is, then say that as my depression worsens, because I'm not being treated for the cause of it, I will be institutionalized. The whole thing is over ritalin. My brain is slow due to damage. Ritalin is a neuro-psych stimulant and while on it I can proccess information fast enough to be in public. Otherwize, my brain does not proccess information fast enough for memory to be stored so I cannot keep up with normal conversation, nor remember things, nor can I be in places with children or other groups of people because the additional distractions keep my brain jammed up with too much info. This frustration causes severe depresion. The VA has been very reluctant to continue my course of ritalin that I was on from my private Doc before I had to file bankruptcy on my medical bills. No other alternative has been suggested. Option 5. I don't have to live this way, nor will I. If my suffering cannot be eased, it can be ended. At 39 years old I do not intend to live this way another 40 years.

The VA has already taken steps to protect me from credit fraud. By illegally denying my claim for years while we lost most of our possesions (sold for food and heat) we were forced to file bancruptcy. I don't have any credit to take advantage of any more. A criminal act involving my credit would not be very profitable. Maybe cause an inconvenience. Any way, just thought I'd lighten things up a bit with some humor. Time