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confusion99%

Second Class Petty Officers
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Everything posted by confusion99%

  1. Well, I had another experience that further demonstrates the run around the VA can give you. I had, a should be simple problem to correct. After receiving my 80% rating, I sent in the form to switch from my Navy retirement to VA compensation which is required. I sent it twice return receipt required, which I got back signed. So, I know they got it. After waiting a few months and still no VA compensation, I tried and tried to get through on peggy line, no luck. I left info for call back, did not receive one. Sent IRIS message, after 3 weeks, still no response. I tried to send followup but now IRIS says my identification info belongs to someone else and blocks me from sending any further messages. I tried their work around (so they know it is a problem), but it would not work. I was also applying for CRSC, so I called the NAVY to see if they got that paperwork and if they had finished the audit yet. They told me they could not even start processing my request until I was switched to drawing VA compensation and dropping my Navy disability retirement pay. I told them I had filed the form with the VA. They said they would followup and only got back a message that the VA had not received the form. My last resort was to drive the 200 miles to Houston. I got there and checked with the information guy on where to turn in the form AGAIN. He pointed to a line and told me to get in it. I eventually worked my way to a window with another person sitting there who ask me if she could help me. I told her I wanted to turn in this form again and had a few questions while I was there. She said "you need to see a counselor and gave me a number to sit and wait. Eventually I was able to see a counselor. (another name for roadblock)...I attempted to explain that I had sent the form twice, she ask for my C# which I gave her. She was on the computer about 2 minutes and she said "we have the form". So I started asking then why had it not been processed when she overrode me with I don't want to hear it. I can't help you. It will be processed with the open claim. I tried to tell her it was NOT part of the open claim. It was a separate form to start my benefits from a previous completed claim. She said well it is in with the pending claim. They will process it when they process the claim. I again tried to tell her, That claim will take two years, why can't that form be removed from the claim it doesn't belong there. Again she said nothing she can do and ask if there was anything else she could do for me. I informed her she has not yet done anything for me. I ask if there was anyone in the VARO that could get the form out of the file and process it. She ask me why I sent the form in for my pending claim. I told her, I just sent the registered envelope with a number of forms/evidence for different contentions all in the same envelope. So she says (implying now it is my fault that it is stuck where it is), because I put it all in one envelope. She says they open the envelope and put it all in the pending claim. So NO ONE even looks at what is in the envelope, they just open it and stuff it all in the one claim folder. I again ask if there was someone who could get the form and process it, that I could not get benefits ALREADY AWARDED until that form was processed and it had nothing to do with the pending claim. The best I got out of her was she handed me a blank lined form and said just write out your request and I will staple a copy of the form and give it to my supervisor. By this time she was getting extremely irritated at me. I filled out the request to have the form pulled from the pending claim and processed and started my 200 mile drive back home feeling I had wasted 12 hours of my time and 50 bucks worth of gas. It is so obvious that the" in person experience "at Houston is about the same as PEGGY 800 #, a totally dysfunctional system used to deflect Vets from getting to anyone who might be able to do something or provide correct information. What a cluster @$#%. So for anytone sending anything to Houston, I guess if it is for separate things you have going on, Put each one in a separate envelope and maybe put a LARGE PRINT cover saying what you want done with the info. The trained monkeys are unable to utilize more than 2 braincells at one time. My opinion of Houston VARO just dropped another 20 points. They now sit somewhere below lawyers, who sit somewhere below used car salesmen.
  2. I had them about 10 years ago. Not very effective. What little improvement I noticed was about 3 days after injections...No benefit noticeable after about 2 months. Of course I was never sure of the DX anyway. I always felt it was because of back issues. About a month ago, I went in for more injections in my back. Had L5/S1 fused many year ago which was quite effective for over 10 years. But due to returned pain wanted to know what was going on. L3/L4 and L4/L5 were bulging. The injections not only stopped the pain in my back and siatica, it eliminated the pain in my buttocks. First time I have been without it in 15 years. This time the injections were done under florascope so the Doc could see exactly where to inject. Soooooo much more effective than other I have had where it was "I think this is the right place" method.
  3. Don't think the above would even work. The corruption runs so deep, someone would get paid off to load the gunsed used for the shooting would be filled with blanks. Shots would be fired, the intended targets would fall down and shortly thereafter someone would pick them up and load the up to haul away to the nearest pub where they could lhave a drink and a good laugh.
  4. My error for saying DFAS, I sent stuff to the NAVY which they have confirmed receiving. However, I am still drawing my Navy retirement because the VA has not processed my switch to drawing VA compensation in lieu of my Navy retirement. The Navy said they could not even start the audit until I switched to drawing VA compensation. Then they hold the audit and forward it to the VA. I sent the proper form to va to make the switch to drawing the compensation from them which would stop the Navy retirement. Then the audit will be held by the Navy and determine how much my CRSC will be and start that. Then send the audit to the VA so they can figure how much retro to pay me. The Audit is for computing the retro. Everything I have drawn in retirement will offset 90% of my retro up until 2008, then it becomes a little tricky as they have to compute what CRSC would have been, then subtract the difference between what I drew as navy retirement vs CRSC, then that would be the amount subtracted from the retro due for each month. But, nothing can start until VA switches me over to their compensation...At least that is what I get from the answer I got back from the Navy....and naturally I can't get through to Peggy....I may just take the 200 mile drive to houston and see if I can get them moving in person...The Navy is also trying to get them to move, so I will see if they have better phone numbers than I do to get this rolling.
  5. I assume this means that you can't walk in to Houston VARO an request and stand there and wait for a copy??? It is a 200 mile drive, but I was thinking of making the trip, hoping to pick up a copy of the C file.
  6. Have had BBE since 1st week of Aug. 2013 granting 80%. I sent proper form to switch my retirement from Navy to VA....Have waited 2 months and decided to see why I had not heard anything. Since I know my Branch of service must hold the audit and send it back to the VA, I contacted them first on followup. They told me that they cannot do anything until I am drawing VA compensation. Soooo that means VA has not even taken care of that. Doesn't do much good to tell someone they are granted the compensation if you won't take the action to allow me to start drawing it..Guess I'll try Peggy tomorrow, Don't know if I will get anywhere. I know they got the form because it was in an envelope with other evidence for another claim that showed up on ebenefits as being received. Has anyone else run into this? When you are receiving retirement pay from your branch of service, then trying to get it switched to the VA??
  7. Same with mine. Two claims are stuck on "received" One stating request for evidence over due.....But when I go inside, it states evidence received 8/30/13...so their own site shows they have the evidence.
  8. Yes, I filed a few weeks ago. Hope to have letters from doctors this by next week. Have appt. on Oct 3rd. Will get them sent in right after that. Then I guess it's start fishing again for a couple years.
  9. sorry it took so long to get back to this. When it was split off, I lost it and just found it. I'm glad you think I am right in ignoring the idiot about not sending evidence. I know just the percentages is not enough....if it was, it would be automatic, everytime they rate someone with the correct percentages, they would just giveI you IU along with it. I was not working at the time I filed nor have I been working. I went on SSDI back in 2009, but it was for issues both SC and non-SC, and probably more Non-SC, but that was the lawyers choice on that claim, I really didn't think about it in terms of future VA claims as I had long ago given up and VA and had not planned on ever filing with them again. Anyway, I sent in what had a few weeks ago. I had one of the Doc's letters which I sent. I am waiting for another letter hoping to get it this week. One doc declined (that's another story I'll write when I cool off below the kill mode). Anyway, I have not worked since Mar 1 of 09. Anyway, I will send what I get from him and guess we will see where it goes from there. At the same time I also filed for an incease for DM II to 40%. Have new DBQ from PCP and letter explaining orders for limitations of activities with some of them listed. At least that is the way the letter is supposed to read. Also new claim for tinnitus as I thought that was included in the hearing claim but it was left out and even though it was mentioned in my records a number of places, the VA's eyes couldn't find it either. Of course they couldn't find my TDY orders to Danang either, until I finely found a copy and reopened everything under AO...Amazing!!!!! they found it in my records in only a week after that. I also filed for the upper extremities Diabetic Neuropathy. The C&P examiner rated the lower but told me I would have to get my PCP to do a dbq on the upper, she didn't want to mess with it. So getting that DBQ at the same time as the other stuff from him. (hopefully this week) I have a couple other issues to file, but don't want to mention it yet to my PCP because I have already overloaded him with paperwork....I'll give him a couple weeks after doing this stuff before hitting him with the other complaints. When they gave me the 80%, they did not send paper work for the IU, nor did they mention it anywhere at all. Don't know why other than the RO decided I could hang with the other working folks. Now I don't know what they will do at this point. There was an "adminstrative review" opened due to them trying to figure out what percentage to give me on the IHD for time period 2002-2011 as the 60% was only from 2011 to present. Then I sent all this other stuff in. It now shows up as other evidence not requested listed individually under that review claim. Plus the also opened anew claim for compensation. But it is not broken out to the different claims, so I don't know exactly what they opened.....neuropathy? Tinnitus? DMII? or all three.....It doesn't appear they will break it out either, so I stay in the dark for now. Not going to bother with iris, or the 800 number for awhile...since everything seems a few months behind. The ebennies just changed today on this stuff I sent last month. I'll give it a little time to cook in the pressure cooker before I check anything, Then I'll just try to verify what contentions I have open and leave it at that.
  10. Hmmmm. I wish I knew what they were looking for in my case. I actually have those records. I got them about 2 months ago. I did pull a few pages and make copies that were from trips to the hospital I made with heart symptoms. The records are not in any real order, except for the labs and ct/xray reports separated out. The rest, page to page in the stack can bounce years in one direction or the other. I guess I could copy it all, or at least everything I assume was after 2002. They are only interested in dates from 2002-2011. The problem is, that is over 3 reams of paper. You think it would be worth boxing it up, taking it to the VARO in Houston who has my claim and letting them copy what they want while I wait??? I could also get a copy of my C-file at the same time which I need anyway. So I could almost justify the trip. Otherwise it would cost a small fortune just to copy everything and then mail it to them. What do you think??? It is a 200 mile drive to go there.
  11. Well, I watched the VA kill my dad over a period of about 5 years. I learned then that I need to keep track of a couple of hard facts that will not go away. 1. The VA is always and continue to be short of money. 2. When you have disabilities they can play games with, they will, to prevent from having to pay you money. 3. For those that they can'f find a way of not paying, they have plan B. 4. Plan B, eliminate you through improper or lack of care. Dead Vets. don't get VA benefit checks. 5. Never get your medical care from an organization who benefits the most from your death. Of course if you have no option, and this is your only hope, then hope you find a rare person who actually cares. I understand there are needles in a hay stack. Based on these facts I do not go to VA for anything. The only thing I got from them is hearing aids. They admitted I couldn't hear, even Service Connected it. But decided it wasn't worth a dime in compensation. But hey, don't think they ever killed anyone giving them a hearing aid, so I went and got it. I am lucky, I had tricare prime until I was pushed to Medicare and Tricare for life. I will keep using those to avoid VA hospitals, doctors, nurses, and administrative screw-ups, I mean employees as long as I can. By not using the VA, I may be harming my chances of getting my claims approved, but I also stay alive while fighting for them, or at least have a much better chance of it. I know there are those that swear by VA care, the best their is. In fact, I went to the funeral of one of those Vets last year. He had cancer. He died from an overdose of pain narcotics given to him to ease his pain. Well, they eased it ok, and got him off the payroll at the same time, all with the push of a syringe. Of course that is just my 2 cents and we can all agree to disagree if there are those that see the situation from a different light.
  12. It is all exactly as planned. The gov't wants everything hidden from you and public view. The more walls the can put up between you and a human, the better for them. They know people get frustrated and eventually give up. That way they don't have to answer to anyone for anything and can still claim there is a way to get the info. Big business has followed the same route of hiding behind endless dead end phone calls and putting up walls between you and them. Walk into an AT&T store with a question....they give you an 800 phone number to call. No employee there can speak for AT&T... The gov't dictates to you what they want and leave you with no say except a 4-5 year appeal. How many die during that time and the family say "it isn't worth it" or something to that effect. VA wins another one.
  13. This is starting to look like something I should stop concerning myself with. As with everything else that involves the gov't it is SNAFU. Guess I will let my son find a good VSO or something to help my wife get whatever she can after I start pusing up the weeds.
  14. I know the DIC must be service connected cause of death. I was looking at it if that ws not the case. Say I die in an auto accident. I was looking at the Navy retired pay, which is going to go down when I make the shift. It is presently calculated on 40% disability. But when the shift takes place, they will recalculate it based on years of service to do the CRSC which will be lower than the 40%. I'm wondering if it can be changed back to the 40% to get a higher amount to calculate the SBP amount. Now on the DIC, I didn't know about the 10 year covers all thing. Does that mean that even though I just got my contentions approved, they back dated retro to 2002....So does that give me my 10 years already??? Or does the clock start when they approved it?
  15. I am attempting to calculate what my wife will be left with when i die. I just won most of my contentions and now have 80% rating. I am presently disability retired with less than 20 years. I will be able to draw CRSC on 70% combat related out of my 80% More if I win a couple of undecided contentions. So: I am in the process of switching from drawing my VA compensation instead of Navy retirement which was based on 40% disability. That was giving me $1080/mo....Now recalculating based on time in service which they will do for CRSC....that will be about 900.00 the way I calculate it. Since my SBP is based on 55% of my retirement, if I die of non service connected something...NO DIC...No more VA compensation. My wife would still have SBP....But, here is the question.....could it revert back to being based on the 40% disability,(the $1080.00) instead of years of service ($900.00). I know it isn't a lot of difference, but every bit will help in this instance.... Anyone have any idea??? Also, I am only guessing on most numbers.....I applied for the CRSC,,and I know it will take a couple months to know what the real numbers are....but as usual, I try to get ahead of official info. My case closed july 31....I still have no info available to me via ebenefits except that they have the 80% updated and correct....no other info is available, no AB8 letter or anything else, So I sit in the dark right now....
  16. At least you had them and then lost them. My case closed July 31. Got my BBE about Aug 10th.....The only thing anywhere that shows anything is one letter that states I am 80% and personal info. I have never had an ab8 letter show up, nothing listed in Benefits explorer, nothing anywhere...So I don't know.... As far as backpay....have heard nothing to date...have sent them the form to shift my pay from retirement to VA...Also sent letter/form to DFAS for my retirement pay to be approved/shifted to CRSC. So far I'm still sittin and waitin....Should be fishin instead.
  17. My contentions after 20 months closed Jul 31, 2013. They SC'd my IHD back to 2002 which was my 3rd attempt to get re-SC'd after they took that away in 1978. The time frame from 2002 until oct. 2011 which was when I reopened this claim (again) they rated at 0%, then from oct 2011 to present rated at 50%. They opened the administrative review on the 2002-2011 time frame to gather more evidence from getting my hospital records from that time period from the local military hospitals I use. They said there was no evidence of disability to rate for those years but are looking through those hospital records to see if there is any evidence of disability they can rate with some percentage. They did this on their own. It really won't make much difference since I was medically retired with 13.5 yrs so my CRSC only starts in 2008. I need retro in the 70% range to gain any money out of it prior to 2008 because the offset of my retirement will wipe it out. AT 70%, or higher, I have a shot at some small amount of difference..
  18. OK, take it a step further, in the examples above. Lets say the person chose not to take either of the lesser paying jobs, but logic says they might be able to function in them. Would that mean they would be required to take the lesser paying job, even though compared to their normal field of employtment, it would not be substancial? Should the doctor be required to take a job at Stop and Go stocking shelves and turning on and off gas pumps, just because he is technically capable of doing that job at $8.00 an hour??
  19. When I read the reg on IU...to me, they are saying that you must be unable to get substancial employment. Now....If I am say a doctor with 8 yrs of college, 10 years experience and at the top of my game making $500k year and all of a sudden I am injured and can no longer work in my chosen speciality, lets say neurosurgen..but I am able to work as a GP making 100k a year....would this be substancial employment? If I was a college graduate as a lab tech...making 80k a year, become unable to work as a lab tech, but can work as a medical assistant at 35k....is that substancial employment??? The way I read the reg, neither case would be considered substancial employment because I would be making considerably less than before I was disabled and considerably less than my counterparts with the equivelant education and training....So either should be within guidelines to approve IU...... Now, how does the VA look at it???
  20. I believe the DM and the upper and lower extremities neuropathy would be lumped together as all caused by the DM in order to reach the 40% if I read things correctly in the reg.
  21. Just found this site while looking for VA compensation answers. Hopefully someone can give me some opinions and logic behind them. So to start with: 1. Just received closure on most pending claims and received a total of 80% rating....60% for IHD 2. I am planning on filing TDIU claim. 3. Also have one issue needs a NOD 4. have one pending issue 5. have one new contention to file for. Here are my questions. Since I am filing TDIU, if approved, makes the other stuff not so important, as would have my 100% Nothing in the other claims would effect DIC as they are minor ailments. Nothing I will die from. So, OPTION 1. Should I file the TDIU and let the other stuff stay on the back burner? OPTION 2. File TDIU, submit NOD, send more evidence on pending claim, file new contention all as fast as I can. OPTION 3. File TDIU and submit evidence on pending claim.....leave new stuff and nod alone for now. Then next question. I have talked to 3 different Service officers....have three different suggestions on how to go about this. Advice # 1. File form 21-8940 by itself and nothing else....Logic have met percentage requirements so that should be enough.....I guess it's don't confuse them with facts. Advice #2. File form 21-8940 with a letter explaining why my SC disabilites make me qualify for individual unemployability. Send Form 21-4142 for my Doctors release of info to cover my three doctors and let the VA send them request for info. Advice #3. Hire a Lawyer...it's too complicted My Plan Option 4....File form 21-8940...send my letter explaining how my three major disabilities each contribute to my inability to find and maintain substancial employment. Get DBQ and/or letter from each doctor explaining why I should not be working and should be considered unemployable, get Buddy letter from my previous immediate boss explaining problems I had at work, amount of time I missed due to SC disabilities, and why there was a mutual agreement for my termination. Also the fact that I had later attempted to be rehired by same company, different location but was not hired. Attempt to get the form concerning my last employer (forget the number), that they normally don't return to VA, and try to get it filled out, or at minimum a statement on the form from previous employer's HR that they no longer have that information, or it is their policy to not provide it. AS a side note, the purpose of the Buddy letter from previous boss is an attempt to provide the same information that the form would have provided, just through a different avenue. It has been almost 5 years since I last worked, Was on SSD from the time I stopped working until I turned 66 then was shifted to regular SS retirement. I was not going to bring up the SSD as it contains both sc disabilites and non-sc disabilities as the reason fro granting the claim. My logic was to give them as much info as they are going to ask for anyway, hoping that they will use that instead of rescheduling new C&P's or losing paperwork, or the Doctors responding in a way that is not worded the best for my advantage which my way, I have some control. With all the info I provide, hopefully they can make a decision with the info and go with it. I guess you could relate it to a FDC claim which I cannot file since I have pending claim ongoing right now. The main C&P stuff they would be interested in was just done this past July, so it isn't like they are dealing with old information that they have right now. I just got rated with this stuff anyway so it is all up to date. So is it Advice 1,2, or 3, or my option??? Or can you provide a new and better approach, combination of all or something?? Sorry this is such a long post, but People don't seem to understand my situation unless I try to spell it all out. So please provide some assistance if you can so I can make something start happening.
  22. I just returned from the Veterans Assistance office on base after receiving my decision on claims filed 2 yrs ago. My reason to visit was to discuss filing for IU. I brought with me a copy of a Buddy letter/previous boss stating why I was terminated and described problems I was having at work because of my SC disabilities. I also brought sample letters I was going to have my 3 doctors fill out each speaking of my SC disabilites describing how it is not adviseable for me to work. I also had copies of additional evidence showing how one of my disabilities was under rated. The individual I was talking to confirmed I had a 60% rating for IHD. I said yes, he looked at the rating decision I handed him. He then told me just file the form 21-8940. He also discouraged me to include ANY OTHER EVIDENCE. He just said "keep it simple". The fact that I had a 60% rating for one problem (IHD) and a total of 80%....that should do it. All this sounds like "misinformation" to me. He just said well if they deny it, then you submit all that stuff in the appeal....Seems like everyone I talk to says to submit bare minimum and then wait for denial and appeal. My logic.....Send DBQ and letter from Specialist MD who treats me. Precludes them from sending a request for same type info to the Doc. Write a letter myself explaining why I feel my SC disabilites make me unemployable, giving examples of problems with the three problems I cited. (IHD, DMII and Diabetic Neuropathy)...Letter from my former boss (since my company 90% chance will not answer VA request about past employment 5yrs ago). stating problems I had at work and reasons for mutually agreed upon termination. Now which of us is right. Form only...or form with as much evidence I know they want included with package.....I still don't know what to do. Any advice and reasons behind it would be greatly appreciated...as I would like to get this filed this week.
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