timetowinarace

Well, yes and no, this is where some of it gets complicated. If the veteran has PTSD it would have it's own rating obviously. But assuming the veteran also has tbi it begins getting complicated. A list of reason why it is complicated: 1. PTSD and TBI have many of the same symptoms. TBI has all of the symptoms of PTSD minus a stressor. 2. TBI can cause mood disorders like MDD and anxiaty directly. It's called organic meaning the cause of the mood disorder is actuall brain damage and not something like life events. I hope I explained that so it's understandable. 3. It is only possible to get one mental health rating from the VA. The single rating will include all disorders such as PTSD, MDD and Anxaity and/or others. 4. You can however have a rating under 8045 that includes cognative residuals and a seperate rating for all mental/mood conditions. So, considering tbi residuals and multiple mood disorders, there would be two seperate ratings. One rating under 8045 for tbi residuals and one rating for all mood disorders. I posted the regs below. As you can see, there will be one rating under 8045 for a long list of possible residuals. That rating will be based on the highest level of severity for the highest facet(residual). So if the highest facet level is determined to be at 40%, the rest of the facets are not considered and the rating will be 40% under 8045.

8045 Residuals of traumatic brain injury (TBI): There are three main areas of dysfunction that may result from TBI and have profound effects on functioning: cognitive (which is common in varying degrees after TBI), emotional/behavioral, and physical. Each of these areas of dysfunction may require evaluation.Cognitive impairment is defined as decreased memory, concentration, attention, and executive functions of the brain. Executive functions are goal setting, speed of information processing, planning, organizing, prioritizing, self-monitoring, problem solving, judgment, decision making, spontaneity, and flexibility in changing actions when they are not productive. Not all of these brain functions may be affected in a given individual with cognitive impairment, and some functions may be affected more severely than others. In a given individual, symptoms may fluctuate in severity from day to day. Evaluate cognitive impairment under the table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified."Subjective symptoms may be the only residual of TBI or may be associated with cognitive impairment or other areas of dysfunction. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified." However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere's disease, even if that diagnosis is based on subjective symptoms, rather than under the "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" table.Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings—mental disorders) when there is a diagnosis of a mental disorder. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified."Evaluate physical (including neurological) dysfunction based on the following list, under an appropriate diagnostic code: Motor and sensory dysfunction, including pain, of the extremities and face; visual impairment; hearing loss and tinnitus; loss of sense of smell and taste; seizures; gait, coordination, and balance problems; speech and other communication difficulties, including aphasia and related disorders, and dysarthria; neurogenic bladder; neurogenic bowel; cranial nerve dysfunctions; autonomic nerve dysfunctions; and endocrine dysfunctions. The preceding list of types of physical dysfunction does not encompass all possible residuals of TBI. For residuals not listed here that are reported on an examination, evaluate under the most appropriate diagnostic code. Evaluate each condition separately, as long as the same signs and symptoms are not used to support more than one evaluation, and combine under §4.25 the evaluations for each separately rated condition. The evaluation assigned based on the "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" table will be considered the evaluation for a single condition for purposes of combining with other disability evaluations. Consider the need for special monthly compensation for such problems as loss of use of an extremity, certain sensory impairments, erectile dysfunction, the need for aid and attendance (including for protection from hazards or dangers incident to the daily environment due to cognitive impairment), being housebound, etc. Evaluation of Cognitive Impairment and Subjective SymptomsThe table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled "total." However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than "total," since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if "total" is the level of evaluation for one or more facets. If no facet is evaluated as "total," assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet. Note (1):There may be an overlap of manifestations of conditions evaluated under the table titled "Evaluation Of Cognitive Impairment And Other Residuals Of TBI Not Otherwise Classified" with manifestations of a comorbid mental or neurologic or other physical disorder that can be separately evaluated under another diagnostic code. In such cases, do not assign more than one evaluation based on the same manifestations. If the manifestations of two or more conditions cannot be clearly separated, assign a single evaluation under whichever set of diagnostic criteria allows the better assessment of overall impaired functioning due to both conditions. However, if the manifestations are clearly separable, assign a separate evaluation for each condition. Note (2):Symptoms listed as examples at certain evaluation levels in the table are only examples and are not symptoms that must be present in order to assign a particular evaluation. Note (3):"Instrumental activities of daily living" refers to activities other than self-care that are needed for independent living, such as meal preparation, doing housework and other chores, shopping, traveling, doing laundry, being responsible for one's own medications, and using a telephone. These activities are distinguished from "Activities of daily living," which refers to basic self-care and includes bathing or showering, dressing, eating, getting in or out of bed or a chair, and using the toilet. Note (4):The terms "mild," "moderate," and "severe" TBI, which may appear in medical records, refer to a classification of TBI made at, or close to, the time of injury rather than to the current level of functioning. This classification does not affect the rating assigned under diagnostic code 8045. Note (5):A veteran whose residuals of TBI are rated under a version of §4.124a, diagnostic code 8045, in effect before October 23, 2008 may request review under diagnostic code 8045, irrespective of whether his or her disability has worsened since the last review. VA will review that veteran's disability rating to determine whether the veteran may be entitled to a higher disability rating under diagnostic code 8045. A request for review pursuant to this note will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review; however, in no case will the award be effective before October 23, 2008. For the purposes of determining the effective date of an increased rating awarded as a result of such review, VA will apply 38 CFR 3.114, if applicable. Evaluation of Cognitive Impairment and Subjective Symptoms The table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled “total.” However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than “total,” since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if “total” is the level of evaluation for one or more facets. If no facet is evaluated as “total,” assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet. The table is farther down but on the same page: Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified Facets of cognitive impairment and other residuals of TBI not otherwise classified Level of impairment Criteria Memory, attention, concentration, executive functions 0 No complaints of impairment of memory, attention, concentration, or executive functions. 1 A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. 2 Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. 3 Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. Total Objective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment. Judgment 0 Normal. 1 Mildly impaired judgment. For complex or unfamiliar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. 2 Moderately impaired judgment. For complex or unfamiliar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision, although has little difficulty with simple decisions. 3 Moderately severely impaired judgment. For even routine and familiar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. Total Severely impaired judgment. For even routine and familiar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. For example, unable to determine appropriate clothing for current weather conditions or judge when to avoid dangerous situations or activities. Social interaction 0 Social interaction is routinely appropriate. 1 Social interaction is occasionally inappropriate. 2 Social interaction is frequently inappropriate. 3 Social interaction is inappropriate most or all of the time. Orientation 0 Always oriented to person, time, place, and situation. 1 Occasionally disoriented to one of the four aspects (person, time, place, situation) of orientation. 2 Occasionally disoriented to two of the four aspects (person, time, place, situation) of orientation or often disoriented to one aspect of orientation. 3 Often disoriented to two or more of the four aspects (person, time, place, situation) of orientation. Total Consistently disoriented to two or more of the four aspects (person, time, place, situation) of orientation. Motor activity (with intact motor and sensory system) 0 Motor activity normal. 1 Motor activity normal most of the time, but mildly slowed at times due to apraxia (inability to perform previously learned motor activities, despite normal motor function). 2 Motor activity mildly decreased or with moderate slowing due to apraxia. 3 Motor activity moderately decreased due to apraxia. Total Motor activity severely decreased due to apraxia. Visual spatial orientation 0 Normal. 1 Mildly impaired. Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or following directions. Is able to use assistive devices such as GPS (global positioning system). 2 Moderately impaired. Usually gets lost in unfamiliar surroundings, has difficulty reading maps, following directions, and judging distance. Has difficulty using assistive devices such as GPS (global positioning system). 3 Moderately severely impaired. Gets lost even in familiar surroundings, unable to use assistive devices such as GPS (global positioning system). Total Severely impaired. May be unable to touch or name own body parts when asked by the examiner, identify the relative position in space of two different objects, or find the way from one room to another in a familiar environment. Subjective symptoms 0 Subjective symptoms that do not interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples are: mild or occasional headaches, mild anxiety. 1 Three or more subjective symptoms that mildly interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: intermittent dizziness, daily mild to moderate headaches, tinnitus, frequent insomnia, hypersensitivity to sound, hypersensitivity to light. 2 Three or more subjective symptoms that moderately interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: marked fatigability, blurred or double vision, headaches requiring rest periods during most days. Neurobehavioral effects 0 One or more neurobehavioral effects that do not interfere with workplace interaction or social interaction. Examples of neurobehavioral effects are: Irritability, impulsivity, unpredictability, lack of motivation, verbal aggression, physical aggression, belligerence, apathy, lack of empathy, moodiness, lack of cooperation, inflexibility, and impaired awareness of disability. Any of these effects may range from slight to severe, although verbal and physical aggression are likely to have a more serious impact on workplace interaction and social interaction than some of the other effects. 1 One or more neurobehavioral effects that occasionally interfere with workplace interaction, social interaction, or both but do not preclude them. 2 One or more neurobehavioral effects that frequently interfere with workplace interaction, social interaction, or both but do not preclude them. 3 One or more neurobehavioral effects that interfere with or preclude workplace interaction, social interaction, or both on most days or that occasionally require supervision for safety of self or others. Communication 0 Able to communicate by spoken and written language (expressive communication), and to comprehend spoken and written language. 1 Comprehension or expression, or both, of either spoken language or written language is only occasionally impaired. Can communicate complex ideas. 2 Inability to communicate either by spoken language, written language, or both, more than occasionally but less than half of the time, or to comprehend spoken language, written language, or both, more than occasionally but less than half of the time. Can generally communicate complex ideas. 3 Inability to communicate either by spoken language, written language, or both, at least half of the time but not all of the time, or to comprehend spoken language, written language, or both, at least half of the time but not all of the time. May rely on gestures or other alternative modes of communication. Able to communicate basic needs. Total Complete inability to communicate either by spoken language, written language, or both, or to comprehend spoken language, written language, or both. Unable to communicate basic needs. Consciousness Total Persistently altered state of consciousness, such as vegetative state, minimally responsive state, coma.

I'm in the proccess of checking but off the top of my head, sleap disturbance and maybe blurred vision may be a part of the tbi residuals and not rated seperately. Memory and concentration is definatley part of the evaluation and will not be rated seperatley. Things that would be rated seperately are mood disorders, physical neurological disorders(such as paralisys), migraines, and so on that have their own rating criteria. For the most part, ratings for residuals of tbi are fairly low. The rating critearia is somewhat complex. If this veteran is having memory(cognative) problems there is only one way to seperate possible cognative problems from PTSD and TBI. This is through nueuro-psychological testing. I highly recccomend a veteran with possible tbi to have this testing if it hasn't been done for a number of reasons. I'll stick to the claims reason here. Under the memory and attention section of the tbi rating critearia, the veteran can be given a rating from 0 to 100%. Subjective complaints on memory and attention can get no more than 40%. To get more than 40% there must be objective evidence from neuro-psych testing. In many cases, mine included, the veteran may not know the true extent of their cognative disorder without this testing. I thought my memory was a little bad but it turns out I am 100% disabled due to my cognative disorder due to tbi. The tbi section has links and posts about the tbi ratings you should read through. I'll post some links as I find them.

I'm not personally aware of any anyone with claim for endocrine disorders. It is true that TBI can cause a host of endocrine disorders. I havn't had any specific testing myself but am considering seeing an endocrineologist.

Yep, it sounds like everything is going well. Good luck on your rating, I hope you don't have to wait too long.

J Your correct the evidence necissary for SC may be of record already. Actually it HAS to be of record if the injury is 20 years old. From the verbal statement made, it appears the nexus is made and SC should not be a problem. However, If this veteran has not had the testing I asked about, the rating is limited by law. This area of consideration is one the VA routinely ignores in tbi claims. It is the most common reason for lowball ratings. If this veteran has not had this testing then the examiner could not have completed number 7 below in seven minutes. 7.Cognitive impairment. Conduct a screening examination (such as the Montreal Cognitive Assessment (MOCA) or Mini-Mental State Examination (MMSE)) to assess cognitive impairment and report results and their significance. Does the screening show problems with memory, concentration, attention, executive functions, etc.? If yes, neuropsychological testing to confirm the presence and extent of cognitive impairment is needed, unless already conducted and of record. Include test results in the examination report.

The quick answer is no, 7 min does not sound right. Do as Pete says and get a copy of the exam. It may be that everything she needed was in your records. Have you had neuro-psychological/neuro-cognative testing? If you have not had this testing the C&P was too short and inadaquate. If you have had it, then the C&P might be okay depending on the medical records.

The economy surely contributes to the backlog. That's not to tough to see. It is one of many contributers.

Veterans do not have enough money to sway political opinion like the health care industry and others. Not even if we was to unite into one VSO. The answer is clear but not likely. I've brought it up before. There is little interest in it. Does anybody watch the news? Lately it has been full of headlines from G20 summit protesters. In the past, marches like the million man march made not just national media, but international media. For chrimany sakes, the tea parties get national attention. If veterans want to truely change the VA and get the full attention of the capital they will quit the side jabs and appealing to individual politicians. They will march in force to the capital as protesters. They will demand media attention on the largest scale. They will make it clear this country is not taking care of it's veterans. I don't believe veterans really want change. There won't be a march. There will continue to be more jabs like the ridiculous 'virtual march' held by a VSO last week. How much media attention did that get? None. How much media attention are veterans getting now? Little jabs, that's how much. Veterans will not throw the big punch to end the fight.

I did use my Senator to expidite my claim and did get results. However, I was about to lose my house. I wrote my Senator and explained in detail of the ridiculous denials I recieved from VARO. I also explained I was about to lose my home. I then explained that when I bought my home I intended to grow old and die in it. I explained that I still intend to die in my home whether I was old or not. I explained that I would turn over my VA paperwork, including my correspondence with his office, to the media and my house would be the next national police standoff story when they came to evict me. I would die in my home. The only reason I could not make payments was due to VA misdeeds. My claim went quickly after that. But, the thing was, I meant it. I had been through enough.

LOL, I havn't been. They have been been posted in this forum before. Both links have threads to themselves here in the tbi forum.

Matt, You do not need a referal from your PCP. You can self refer to the DVBIC and I recomend it. The number to call is 1-800-870-9244. Here is a link to the site. Defence and Veterans Brain Injury Center WHO MAY BE REFERRED TO THE DEFENSE AND VETERANS BRAIN INJURY CENTER (DVBIC)? Any service member or veteran with a traumatic brain injury (TBI) who is covered by TRICARE or Veterans Affairs (VA) benefits may be referred to DVBIC. WHO MAY REFER SOMEONE WITH TBI TO DVBIC? We accept self-referrals as well as referrals from family members, primary care physicians, and other healthcare providers. HOW CAN YOU REFER A PATIENT TO DVBIC? To begin the referral process,use our Interactive Map to call the DVBIC regional office nearest to you. You can also use our Contact Us form or call 800.870.9244 and our headquarters will direct you to the appropriate staff member. HOW CAN WE HELP? DVBIC clincial care can address the needs of service members and veterans who sustain injuries through events that often affect the civilian population (motor vehicle crashes, falls, etc.) as well as incidents usually more unique to a military setting (blast/explosion, penetrating shrapnel, paratrooper injuries). TBI may result in a broad range of physical, cognitive, behavioral, emotional and social challenges. DVBIC is committed to providing excellence in care that addresses the wide- ranging needs of patients and their families. We work to provide services and support to help the individual with TBI return to duty, work and community. Individualized evidence-based treatment and expert case management and care coordination serve to maximize function and decrease TBI-related disability.

Matt, I went through the same thing with my PCP. Only there was no language barrier and I gave him in service hospital records of my blunt force trauma. He still told me I didn't have a head injury. I had to contact my congressman and force a referal. In the end it still did no good. I take it you did get your referal. I don't know your location but it is very important to have a screening/evaluation by the best that you can get access to. Some places are better than others and I strongly suggest researching the best option for you. Travel if necissary. Better yet, if you have access to private care you chances of a proper evaluation increase dramaticly. I would not be DX'd and rated had it not been for private evaluation. If you'll go to the AVBI forum, they have the best information for evaluation and treatment options for TBI. Just explain the fight your having getting a simple referal and they should be able to give you contact information to the best sources for evaluation. http://avbi.org/index.html

So there is a conspiracy in the goobermint to reduce the CPI so veterans don't get COLA? I don't think so. The goobermint actually wants to do the opposite and show a growing economy, not a declining one. The CPI is not based on your local prices. It is a national index. It also doesn't include things like big screen LCD HD tv's. Even if Rental is in Never Never land and get's everything for free, it doesn't effect the CPI either.

I'm fairly confident we will get our COLA in the years to come. As the gooberment continues to increase cash flow by printing more money, inflation will soon follow at an accelerated rate. Unfortunatly, our COLA will do little to help, even if it keeps pace with inflation. For our financial health, we are much better off had the economy continue to decline, with declining inflation and no COLA. Our money would be worth more. This is bad for the workforce but good for us. Now, with the printing of extra money we are likely to face a declining economy with INCREASING inflation. This bad for all. Personally, I would prefer a decrease in inflation and no COLA. In short, COLA in the next few years will be a big deal. Better save a fight for it untill then. No use wasting alott of energy shadowboxing before the bell rings for the first round.

I have to go with Rental on this one. There will be no COLA increase this year and we should consider ourselves lucky COLA does not go backwards.

American Veterans with Brain Injuries (AVBI) American Veterans with Brain Injuries (AVBI) was organized in 2004 as a grassroots effort whose mission is to offer support to the families of American Servicemembers and Veterans who have suffered traumatic brain injuries. The main focus of this group seems to be for the care and support of TBI Veterans and family members. There is a forum and live chat room at the site. The website is a small portion of what they do, wich is advocating for TBI Veterans. They are non-profit and use volunteers only, no paid employees.

I don't think he meant a PTSD stressor. I think he meant it may be the source of MDD. If so, it shouldn't matter what the source was if you are already SC and are working on the percentage.

I got mine through the VARO. But that was a couple years ago.

The advice given is good advice. I also had better luck with private specialist. I have a question though. Can't an undiagnosed condition be SC when symptoms started in service? A rating would likely be low but it would be a starting point for SC untill a proper DX is made. Just thinking out loud. Compensation for Undiagnosed Illnesses. Many Gulf War Veterans encountered problems when trying to prove that their difficult-to-diagnose or undiagnosed illnesses were connected to military service. This affected these Veterans' access to disability compensation. In response, VA asked Congress for the authority to provide compensation benefits to Gulf War Veterans who are chronically disabled by undiagnosed illnesses. The 1994 statute authorizes VA to pay compensation for disabilities that cannot be diagnosed as a specific disease or injury, or for certain illnesses with unknown cause, including chronic fatigue, persistent rashes, hair loss, headaches, muscle pain, joint pain, neurological symptoms, neuropsychological symptoms such as memory loss, respiratory system symptoms, sleep disturbances, gastrointestinal symptoms, cardiovascular symptoms, abnormal weight loss, and menstrual disorders. More than 3,400 Gulf War Veterans have received service connection for their undiagnosed or difficult-to-diagnose illnesses under this authority. Veterans from the current conflicts in Afghanistan and Iraq are also eligible for this special benefit.

I think you should get a copy of your treatment records from the psychiatrist. See what DX was put on paper. Your symptoms may be mild now and I hope they stay that way for you, but my advice would be to file for SC for the DX given by the psych. Even if you get a 0% rating because your symptoms are mild and you are Okay with that, you can't foresee the future. Your condition may worsen and having the condition already SC will make a big differenc in getting treatment from the VA and a increase in rating if it is needed.

You got my curiosity going. I've been here for several years and don't think I've seen anyone find Hadit that wasn't looking for claims advice. I am assuming from your post that you know way more than anyone else and didn't come here looking for advice. But, I'm confused about that too. Three increases in a year, yet to hear you tell it I'd have thought you would have gotten it right the first time. And did I read that right, you still have an open claim? That just seems odd for a person with your insight into the VA system.

I wouldn't think a C&P exam could be kept from a claimant based on it being an adminstrative document. It should be considered 'medical evidence' and I can't see how evidence can be withheld from a claiment while a decision is being made based on that evidence. I too am very interested to find out what legal grounds the VA could use to deny veterans access to evidence used in deciding a claim. Especially when it could be considered as evidence against or contrary to the claim and treating physician. To me, that seems to be in the same context as if they were to deny a claiment to veiw the rating criteria untill a decision is made. It's quite impossible to provide proof of the claim if you do not know the information necissary to do so. The claims proccess should not be an algabra equation, X+Y=40%.

I'm including the article from VA Wacthdog about "EXTRAORDINARY AWARDS" REVIEWS. I'm thinking the 'extra step' in your case would be the 'second signature' requirement on awards over $25K. It can take another month. I would make sure this extra step is the 'second signature' and not the "EXTRAORDINARY AWARDS REVIEWS". If it is the review, I'd contact an attorney quickly as they are no longer legal. COURT THROWS OUT VA'S "EXTRAORDINARY AWARDS" REVIEWS Federal Court says VA's reviews of large dollar awards "is not in accordance with 'law, rule, or regulation,' and is invalid." by Larry Scott, VA Watchdog dot Org ------------------------- Chalk-up a victory for veterans thanks to the Military Order of the Purple Heart (MOPH) and the National Veterans Legal Services Program (NVLSP). The United States Court of Appeals for the Federal Circuit has thrown out the VA's "extraordinary awards" review program. The VA began the reviews in 2007 with the issuance of Fast Letter (FL) 07-19 (available for viewing or download here). This required further reviews of awards "...with an effective date retroactive eight or more years or that result in a lump-sum payment of $250,000 or more..." Our original article on this review process is here. At that time, an attorney who practices veterans' law wrote: "In essence now the VA Central Office C&P service in Washington will make the decision with regard to the effective date and the amount of the award." Shortly after that was written, the VA claimed they had found many errors in the "extraordinary awards" they were reviewing. We reported on that here. From a VA document: "To date, approximately 230 of these cases have been received. Our review of them has shown a surprisingly high number of errors, especially with effective dates. This high rate of non-concurrence is of concern." Use our search engine for more about "extraordinary awards" ... click here ... http://www.yourvabenefits.org/sessearch. php?q=extraordinary+awards&op=ph Vets' groups cried foul and the lawsuit was filed. The Court's decision is here for viewing or download. In short, the Court said: We conclude that the procedure, whereby certain regional office decisions are re-determined by the Compensation and Pension Service (“C&P”) without the knowledge and participation of the claimant, does not comply with the extant Regulations, and that its promulgation required the Notice and Comment provisions of the APA. We thus grant the petition and set aside the procedure of Fast Letters 07-19 and 08-24. You will notice the mention of a new FL numbered 08-24 (available here for viewing or download). The VA tried to do an end-run on the lawsuit by rescinding FL 07-19 and replacing it with FL 08-24, even though the second FL just upheld what was in the first FL, but it used different names for the processes involved in the reviews. The Court did not like that and wrote: We agree with the petitioners that the VA’s procedure cannot escape review simply because the VA withdrew the document that initially implemented it, but continued the policy under a new number. That's called a GOTCHA! So, where do we stand today? The VA's "extraordinary awards" reviews are out. But, what does it mean for veterans whose claims have already gone through the review process? I asked an attorney who practices veterans' law for some thoughts on the decision: The most important part of this decision is that VA illegally took the retro benefits from every person upon which they used either of the Fast Letters to do so. The number of claimants so mistreated is over 200 according to the information that I have. Further, each case involves a very significant amount of money because only significant awards were targeted. These claimants should not take any chances and should immediately contact a lawyer. Who knows what VA is going to do, but I can assure you what they won't do is contact the people and offer to give them back their money without a fight. We are talking 10s and 100s of thousands of dollars in immediate payments - my sincere hope is that these people do not try to go it alone and get taken again. -------------------------

Ankylosing Spondylosis I don't know what this is. My guess would be that he is going to have to have a medical opinion, either treating physician or IMO, that he does NOT have this condition and that the condition he does have is undiagnosed. He CANNOT be diagnosed with GWI for rating purposes. If he can show he has an undiagnosed condition with GWI symptoms AND show he has sought treatment for the symptoms in the time frame allowed he has a chance. A misdiagnoses can cause a GW Vet untold amount of problems still. The rating I had was for "undiagnosed fatigue". I'd have to look to see if it had a DC.