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63SIERRA

Master Chief Petty Officer
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Everything posted by 63SIERRA

  1. squeaky wheel gets the grease, you got good advice in the above posts, I would START with emailing the honorable mcdonorable . I emailed them at noon on one day and got a call from my RO the next afternoon. It got the RO in motion, thats for sure.
  2. the aspect of aggravation of an unknown in service existing condition can also come into play, as well as the VA s failure to properly process the claim, consider all evidence of record, and apply the 38 CFR laws accordingly. One question you may ask yourself is are the disabilites that you are rated for likely to improve in the near or far future? Just a small reduction of one contention can lower your rating signifigantly. If you dont do a notice of disagreement to the ligitimate claims that were denied, your basically agreeing with the VA at this time that they dont warrant service connec tion. The VA seems to despise service connecting lumbar or cervical spinal problems, because they rarely get better, are risky and expensive to treat, and garner lifetime compensation in many instances. In my particular case, I had a claim that could have likely been won, dating back to 1995, but it may have been a 5 year battle, or longer, so I weighed the options, and determined my time and well being are more valuable than a larger sum of money, so I didnt pursue the claim, but I can if I wanted by just submitting new evidence (any specialsts opinion), then the VA would have to consider all past evidence as well, just as they do when attempting to deny a claim. As long as im left alone, the VA will never hear from me again, but if not, I will dig in, regroup, get back into my warrior mindset, put in my mouthpiece, and go hold the line again. Sometimes having the potential to use leverage, can be more effective than actually using it.
  3. recently I responded for an ad on a popular online site to buy, sell, trade, ect... I needed to replace some electronic devices, and met with a guy to purchase them. After talking a bit, I asked what he did and he told me he worked for the VA. I asked exactly what his job was and he informed me that he was a rater in texas. Very kind and compassonate young man, very helpful and genuinely caring. I noticed a tattoo on his arm that told me his branch of service and in service occupation, I thanked him for his service and then we spoke a bit abt the internal proccesses of the RO, without going into too many specifics. To cut right to the chase, he told me that the main hold up on most claims, is getting the medical evidence from either the hospital or the records center. He informed me that the contracted exams are no problem, but the medical community in the VA and the ROs have a continuity problem. With the VACOLS system, they must fill in the blanks, and if there is nothing to put in the blank, the claim gets pushed aside, they attempt to get the info if they know where to find it, but they get the runaround too. there are abt 108 raters that work the claims at this particular RO. . Listen up A claim is started with evidence, evaluated , and won by evidence. BE PROACTIVE IN GATHERING , SUBMITTING, AND CONFIRMING THAT YOUR EVIDENCE IS ON RECORD !!!!!!! The system doesnt look at you like an individual and make a decision based on kindness, sympathy, need, worthyness, ect. The evidence and having the VA apply 38CFR laws and rules properly are what wins claims,
  4. Anyone else been getting requests for surveys that lead to possible in house test rat medical testing from the VA? 25 YEARS, of the va gathering information and the VA witholding information from desert storm vets and now they want to use us as the test rats for some new medicine they have developed/ I read earlier in the year that the DOD is actually now working with the VA and extra money being appropriated from DOD to VA to study the effects of poison gas on soldiers. The reason is that they believe in coming conflicts there is likely greater chances of chemical weapons being used against NATO forces. I believe the survey and medicine has nothing to do with helping desert storm vets who the govt can no longer use, but to help future soldiers survive after chemical attacks. Im not going for it. The way the presumptive laws are written for gulf war vets in double talk Babel (confusion). The VA tends to deny you have a problem, until you file a gulf war presumptive claim, and then they diagnose it as something unservice connectable to avoid awarding the claim. As gulf war vets, we are getting older, soon we will be like the vietnam vet generation, we will be the old guys. time sure flys when the VAs telling lies. ha
  5. Stephanie, I listened to the pod cast, and am dealing with WACO RO myself. John Dorle is helping my wife right now, and got me 100 P and T .

    My wife was denied,  and the DRO  did some questionable stuff, like turning the microphone off when we submitted evidence. we told him we wanted a formal hearing, so EVERYTHING should have been heard. The DRO was also resisting evidence saying he had everything, but it wasnt mentioned in the denial or SOC/ did not schedule CP exams, even though my wifes own VA  doctor wrote a strong nexus letter..    was the goon who was your DRO  possibly named Steve , wore glasses, middle aged to older man, around 6 foot ?

    John is a GREAT benefits agent, I got the runaround from TEXAS VET, VFW, DAV, AMER LEGION, they all work inside the VA in waco, and do what they are told. they will try to get you a little something, but when it comes to TDIU, 100 percent, ect, the VA tells them to beat it..

    I would reccommend you yank POA from your rep, and hire John Dorle. best money I ever spent. he got me 25 grand back pay, and from 60 to 100 percent PT with special monthly comp in abt 15 months.

    thanks for your service, and always remember, THE CLAIM IS NEVER OVER UNTIL THE VETERAN SAYS ITS OVER.!

    1. Show previous comments  4 more
    2. 63SIERRA

      63SIERRA

      once you get the approval or denial review it carefully, because sometimes what they do is award contentions that they believe they can lower later and avoid service connecting ones that will likely be permanent.

    3. 63SIERRA

      63SIERRA

      they tried to give me TDIU, but not P ant T  ,I told them I wasnt having it, and they granted P and T

      I have leverage on them though,. an old claim that would cause them to pay me big if I pushed it.

      I just wanted my 100 PT special comp, and be done with it.

    4. 63SIERRA

      63SIERRA

      if u dont want to answer what your DRO name was or forgot, thats ok, I just like to know if its a pattern with the one my wife got.  I asked multiple questions in my posts and thought you might have missed it,

      My DRO was Thad, and           wifes   was  shady Steve ha

  6. Also the VA did the exact same thing to me, 70 percent was all shits and giggles, until I filed for TDIU, RIGHT AFTER I filed they proposed to lower me to 60 percent. It was a scare tactic. Nothing more, believe me when I tell you, the VA docs, and comp and pension personell are all in direct communications, and work together to build a case to deny you if they so choose. I had a 5 hour, yes 5 hour C$P exam, that was more of a cross examination than a medical examination. The doctor kept switching subjects and asking questions in different ways, then would jump back to a previous subject, and try to trip me up. Also several times she tried to manipulate me into sinking my own evidence.. Heres what she did, ... After I told her I had been knocked out during desert storm,after standing up under a flatbed trailer, she kept INSISTING that I tell her how long I was unconscious. WELL I KNOW, AND SHE KNOWS, THAT UNLESS SOMEONE TIMES IT, OR TELLS YOU, THAT YOU HAVE NO DAMNED CLUE HOW LONG YOU WERE KNOCKED OUT.. Yet she kept asking, and kept asking but I kept telling her, I DONT KNOW.. If I had even guessed, she would have wrote that the veteran was being deceptive because he claimed he was knocked out for 3 minutes....... believe me. . Ive been down that trail, and learned a few things. They are trying to scare you into dropping the TDIU claim, which it looks to me like you will likely eventually win, but as I have said, take care of yourself first, and get treatment. Also, continue to insist, that the drinking is due to the PTSD, you cannot take your meds at this time, because you cannot stop drinking at this time.
  7. It looks like the VA doc is trying hard to seperate the alchohol abuse from the PTSD. A great doctor once said " If you want me to cure you of alchoholism, the first thing you must do is stop drinking" Do the doctors at the VA really believe a person enjoys being an alchoholic? Alchoholism is a viscious cycle. The VA seems to want to focus more on this mans criminal history and try to make it out like he is a carreer criminal, and not a vet with serious problems. In my opinion this man needs immediate, intensive treatment right now. When a person is inside the cloud, of alchoholism, they cannot see what is really going on, they lose touch with reality, and reasoning is the first thing to go. Jrocan, please go to your VA and ask to speak with a alchohol dependancy specialist, tell them you want to do in house treatment. you need to get a few weeks of being sober under your belt, so you can start thinking clearly and start finding the root problems that are causing you to drink. If the VA cannot get you into a comprehensive treatment program within 30 days, they must pay for outside care. Dont worry abt if they put you in your own room, ect, just go. look at it this way, if you dont go, and wind up in prison, you wont get a choice, you will be told where to sleep, when to eat, when to wake up, when and if you can see your daughter., ect.. I will pray for you brother, PLEASE GET HELP, DO IT TOMMOROW MORNING.
  8. just a little food for thought. Some insurance companies are charges as high as 1900.00 for a full panel urinalysis, and that is what the VA does, because I have actually looked at the tests,,, they check everything from anchol, to mariijana, opiods, benzodiazapines,. and on and on.. Keep in mind as well they werent only testing vets to see if they were taking other illigal substances, they were testing vets to see if they were actually taking the opiates they prescribed them, That is how MANY vets were caught and why they were removed from thier opiod therapy. So now, those that have been removed, either justifiably, or not, its a moot point, why do drug screens? It would be my guess that whoever is doing these urine tests for the VA are getting the going rate, or more. So isnt that the VA in true form, getting thier cake and eating it too, and the veterans suffer. Im going to do some research into who is doing the drug screens for the VA and how much they are charging. If the VA is paying a company millions of dollars to do unwarranted , unjustified drug screens, while veterans are suffering with no medication, or folks such as myself paying out of pocket to get my medications .... the shitz gonna hit the fan
  9. The VAMC in Temple ts invoulantarily cut me off of my narcotic pain meds abt a year ago for no justifiable reason. what had happened was the local cops caught a guy with abt 15 rx bottles from different botles from different vets who were selling thier pills. Around the same time, someone working inside the Hospital pharmcy, stole a dufflebag full of nacotics and sold them. So as you can imagine the heat came down from the media, DEA and all of the other organizations that get involved with these type stories. well a few days ago, I went in for an appointment and they told me I had blood and urine test... no problem I said, and went and got my blood work and they handed me a piss cup.. so I ask the phelbotomist what exactly was the urine test for.. she informed me it was for a drug screen... I informed her that I was not recieving any narcotics from the VA and inquired why they would want to do a drug screen on me.. Her answer was, I dont know, they cut me off of my hydrocodones and I still have to take a drug test..... ok now who smells a rat here... ??? Heres what I predict is going on... Ok the VA got thier nose twisted real good for dispensing out way too many narcotics, due to over prescribing, in liue of other sometimes more effective care.... so they cant buy as many as they used to.. So now EVEN THOUGH they have probably cut off 90 to 95 percent of thier patients off of the narcotics, they are STILL pissing veterans.. I would bet my right testical that some company id getting paid ALOT of money to perform these piss tests, that are likely as clean as spring water, due to the VA cutting everbody off. So I told the phlebotomist I was going to use the nice little clear, sterile cup for a jellybean jar, stuck it in my pocket, then went to my appointment..' The next day, I get a call from my primary doc, asking why I didnt have results for the drug screen... well I lit into him pretty stoutly and told him it was not the VAs concern what drugs I was taken, being I was INVOULANTARILY taken off of them, was paying out of pocket to see an outside competant doctor, I had no opiod contract with the VA in regards to narcotic medications.. there was a slight pause. then the doctor said, ,,"well I guess you have a point" So the lesson in this is, dont let the VA do a drug test on you, and charge the system, becuase they have a good ole boy contract with some big company that is likely making a killing on piss tests, that mean nothing anymore, because the VA cut everybody off. wasnt trying to hi jack this thread, just trying to give insight on what the big picture is.. So if the VA doesnt have you on opiod pain meds, REFUSE a piss test for a drug screen.
  10. thanks guys, ive been pretty busy trying to take care of myself some, and will try and spend alot more time here helping other vets.. Ive lived alot of what others are yet to go through but will go thru with the VA. My fight i is over for now, but they are jacking my wifes claim around now, so im still working on that, but at least now, I have some better tools to help her win, and win we shall.!!!! AS I HAVE SAID BEFORE, THE CLAIM IS NEVER OVER, UNTIL THE VETERAN SAYS ITS OVER. NEVER GIVE UP IF YOU KNOW ITS A JUST CLAIM, IF YOU DONT KNOW IF ITS A JUST CLAIM, FIND OUT.
  11. heres the bottom line,, they lie to you and tell you that you dont meet the criteria, because they dont want to find spine related problems.,.. spine related problems are difficult to treat and rarely improve,. and they can usually be service connected... that is the real reason... I fought for 5 years to get an MRI. Then after I got one the VA radiologist in temple texas lied and minimized my problems... So I went to a private doctor, had him blind read my mri. then let him see what the VA doc wrote, and he was appauled..... his exact words were,,, your va man doesnt know his ass from a hole in the ground, or he is a liar.
  12. heres the bottom line,, they lie to you and tell you that you dont meet the criteria, because they dont want to find spine related problems.,.. spine related problems are difficult to treat and rarely improve,. and they can usually be service connected... that is the real reason... I fought for 5 years to get an MRI. Then after I got one the VA radiologist in temple texas lied and minimized my problems... So I went to a private doctor, had him blind read my mri. then let him see what the VA doc wrote, and he was appauled..... his exact words were,,, your va man doesnt know his ass from a hole in the ground, or he is a liar.
  13. A few days ago I went in to the TEMPLE TX VAMC for a cancer screening, I have some odd bumps that have worried me for some time so I went in. I called and made an appointment via the 1800 number and specifically told them the reason I wanted an appointment.. ok , so they scheduled an appointment I went to it, and during the screening by the nurse, I once again, told her the reason for my visit, showed her the bumps, then went to see the doctor.. Once Im in with the doctor, he seems to want to talk abt everything EXCEPT the reason im there, which wa mt skin cancer concerns.,. so eventually I cut in and ask him abt them bumps, and right away he says no, its not cancer, its a sebacious cyst.. ... hmmm yet one bump looks different than the other.. also,, im thinking to myself, this guy is an internal medicine doc, shouldnt I see a dematologist, a specialist perhaps... well after his quick diagnosis, and no referal to a specialist, I go home, and a few days later read my doctors notes on myhealth e vet.. The note have NO MENTION AT ALL OF MY REASON FOR THE VISIT. There is no mention what so ever of skin cancer, bumps, ect... Matter of fact, they lied and said it was a routine scheduled visit. NOW WHY would they do this???? I will tell you why,,, its because if a year from now, those bumps turn out to be skin cancer. there will be no record that they were brought to the VS a attention... no proof, no case... So what I did was messaged my provider and asked them to correct my records, and state that the primanry reason for the appointment was my concerns abt skin cancer, and to also record= that no follow up was scheduled, nor was I referred to a dermatologist.. The reason for that, is a few years back, when seeing a VA doctor in temple tx, for back pain. I requested to see a chiropractor at the VA/.. At the time, she told me it was only for an acute injury, and I didnt meet the criteria... well months later, I went to the release of records and printed all of my records and dotors notes(this was before I knew abt blue button online ),, Well in the doctors notes, the lousy cockroach actually wrote that she gave me a consult to see the chiropractor, which was a lie... so she was covering her ass, and making it look like she gave me a consult, but I didnt go... PLEASE , PLEASE, READ YOUR doctors notes.. I believe the nurses are being told not to record specific things in veterans records. when they dont provide the correct treatment or referrals that the situation requires, it cant come back to bite them in the ass later... If you make sure they record it on record, you got them. In the end records are all that matter... you can yell , scream, cry , moan and beg, but what is written wins and loses claims. If you arent registered with myhealth e vet, do so.. it makes it so easy to keep a record of your communications with your doctors. everytime I send them a message, it gets timestamped, with proof it was opened, read, and by whom. I believe they have 24 hrs to open, and respond to all messages. This is tghe best tool a veteran has right now, to try and keep them honest...
  14. VA law HEAVILY favors the veteran.. in layman speak, it almost says... if theres any way possible to service connect the veteran, make the leap, build a nexus, believe the witnesses, lather the skids, and let the sled slide. what happens in the RO that causes them to lie, fabricate, omit, downplay, stall, decieve, and deny claims is a mystery to me.
  15. STUART C GORDON MD clinical professor of medicine at wayne state university, school of medicine between 1997 and 2006 at Henry Ford hospital then follow up studies until april 2008. Basically this is the most comprehensive study ever done, on the relativity of hepc and renal problems., the VA hasnt done its own study, so this is what they must accept as medical fact. They have nothing to contradict it with. I submitted 2 sheets of paper, one referencing the law firm, which would give anyone looking at it proof that the info was likely heavily vetted, and the summary of the study done at wayne university.. BINGO. 30 percent. 2 documents pulled of the internet.. The VA didnt try to develop anything, I did it on my own.. DONT DEPEND ON THE VA TO DEVELOP.. YES ITS THIER JOB, but its just the opposite, not only will they not voulentarily assist in developing a claim, they will try and thwart any developing you yourself do. AS IVE SAID BEFORE, THE CLAIM IS NEVER OVER, UNTIL THE VETERAN SAYS ITS OVER. DIG IN, AND WIN.!!!ASK JESUS TO DIRECT YOUR PATHS, AND YOU WILL BE VICTORIOUS !
  16. several have asked and this is the evidence used to get my kidney cancer service connected If you go to the law firm of LAVAN & NEIDENBERG, there is info on the study that was done linking hepc and renal kidn ey cancer. a study was done at WAYNE STATE UNIVERSITY, with 64.946 individuals. over an 8 year period ,
  17. you can request a hearing at any time, submit evidence and they are supposed to consider it. As long as it is at RO land and hasnt been shipped off to the board of veterans appeals, they can award you. The problem though, is instead of trying to find ways to service connect, they look for ways to deny. I wish the VA were required to copy and attach any and all evidence submitted by the veteran to the SOC, and or SSOC. When the SOC is very vague and they seem to have left key evidence out that would award your claim, they know what they are doing. They will try to make you focus on fighting them on a contention they know you cant win, meanwhile the one you can win, they will try to let turn to dust and bones. The regional offices will try to say as little as possible because sometimes a verifyable lie, is just as good or better than an admission . This way once the claim finally does go to the board of vet appeals, the RO s will really look like asses for denying the claim. Before the claim is completed to be sent to appeals, the veteran should have an opportunity to review the file, and make sure all evidence is inclusive..
  18. I would like to call my brothers and sisters in Christ to please take a few minutes out of your busy day and pray for my wife, who has a hearing very shortly. It will be a day of reckoning, a day of purging, and hopefully a day of resolution.. I would like prayer that the people involved in this case, are given wisdom and understanding, to do what is right and just. This case is not as much about financial gain, as it is the acknowledgement and righting of a terrible wrong that was done almost 2 decades ago. This tragic event, that was completely avoidable, ruined one life, and cast a heavy burden on several other lives. All due to intentional shortcuts to save money and time (sound familiar)? There are many on here who know the power of prayer, and many that I pray will learn the power of prayer, May Gods will be done.!
  19. Well my outside do prescribed LYRICA. I went to the local pharmacy to get it filled out of pocket if it was cheap... 500.00 for 30 pills. NO DICE. SO I dropped the rx off at my primisery care physicians office.. got a call today, and was told that the medication is not on the pharmalery list and they cant prescrbe. this medication is also called pregablin.. A member on this forum recently told me that he has and is getting prescriptions for this medication from the VA.. Does anyone know anything abt this "pharmalery" list? Certainly they arent blowing smoke up my ass to save money? we shall see.
  20. stick to your guns.. once they know your wise, it burns thier ass
  21. stick to your guns.. once they know your wise, it burns thier ass
  22. thanks pete, I will let my primary know and see if he will fill it.
  23. VA PEER REVIEW DEFINITION===== Get together to try and figure out how to cover our ass because the veteran has gotten wise and found out he can file a claim due to the gross malpractice and intentional unlawful denial of care.
  24. Peer review is a sham.. The whole VAMC system is a sherade. MANY doctors who sign on, and the sign confidentiality agreements, are baptized by the piss of the evil inside the VA, and quit soon after. Ive seen this happen several times. I believe the doctors try, but many times thier efforts are thwarted because of unlawful practices of systematic denial of care tactics inside VAMCs to try and save money, at the expense and anguish of the veterans. If your waiting on a big admonishment of the doctor in question or some big discovery and reconsciliation of your situation, you will likely never hear anything. Ive lived what im saying, Ive been the whole rigamaroo, except for tort, and that could still happen if they piss me off again,. Theres a reason you cannot even speak directly with the assistant director or director of a VAMC, its so there is no proof they are or were aware of your problem. Reminds of a situation that happened while in germany. A female was airing up a tire that was still on the truck, and should have been take off and put in a cage, because of the deadly split rim design. Tire blew and the rim mangled her pretty bad, she lived but it messed her up. There was a HUGE BOOM when the tire blew. The butter bar liutenant who was the squad leader and always late or no show to the motor pool due to requesting too many beers from the local bierhause the night before was walking on the side walk on the way to the motor pool across the street when the tire blew. I immediately saw him do an about face, and quicktimed his hungover sorry ass the opposite way. WHY DID HE DO THIS? Well if he wasnt there, how could he be held responsible.. As long as he came up with a believable lie as to why he wasnt there he was safe from repremand.. This is how I see the inner processes of the VA workings.. Theres always someone to pass the blame on.
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