mountain tyme

Department of Memorandum Veterans Affairs Date: January 25, 2002 VAOPGCPREC 1-2002 From: General Counsel (021) Subj.: Dual Eligibility for Chapter 35 Benefits To: Under Secretary for Benefits (20/22) QUESTION PRESENTED: May an individual receive concurrent Chapter 35 Survivors’ and Dependents’ Educational Assistance program benefits when both parents are permanently and totally (P&T) disabled due to a service-connected condition? DISCUSSION: 1. The request for an opinion recites facts of a particular individual’s case as a basis for the issue to be addressed. The mother and father of the individual in question are veterans who are both permanently and totally disabled due to a service-connected condition. It is undisputed that the individual, thereby, is entitled to benefits under the chapter 35 program. However, the individual has asked for concurrent payment of education benefits under that chapter based on the dual entitlement derived from each parent. 2. As noted in the incoming memorandum, with regard to nonduplication of benefits, section 3562 of title 38, United States Code, bars receipt of dependency and indemnity compensation or pension benefits after an election of educational assistance under chapter 35 is made. However, the statute is silent as to dual payment of chapter 35 benefits to the same eligible person. We do not believe such silence implies approval, but rather, reflects the absence of any need to address the issue. In other words, as discussed below, the context of the statute simply does not admit of such result. 3. Section 3500 of title 38, United States Code, declares that the chapter 35 program is established for the purpose of “providing opportunities for education to children whose education would otherwise be impeded or interrupted by reason of the disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces . . . and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent.” 4. Section 3501 of chapter 35 defines the term “eligible person” for purposes of that chapter (and chapter 36), in pertinent part, as the “child of a person who . . . has a total disability permanent in nature resulting from a service-connected disability.” Chapter 35 also provides, in section 3510, that “[e]ach eligible person shall, subject 2. Under Secretary for Benefits (20/22) to the provisions of [that chapter], be entitled to receive educational assistance”, and, in section 3511(a)(1), that “[e]ach eligible person shall be entitled to education assistance under this chapter for a period not in excess of 45 months . . . .” Further, in regard to benefit payment, section 3531 provides that the Secretary shall, in accordance with chapter 36 requirements, pay “to the parent or guardian of each eligible person [or to the eligible person having attained majority] who is pursuing a program of education under [chapter 35] . . . an educational assistance allowance “to meet, in part, the expenses of the eligible person’s subsistence, tuition, fees, supplies, books, equipment, and other educational costs.” 5. In the instant case, the individual is an “eligible person,” within the meaning of 38 U.S.C. § 3501(a)(A)(1)(ii), since she is, whether based on the circumstances of her mother or father, “a child of a person” who has a permanent and total (P&T) service-connected disability. Yet, in the sense of her having dual chapter 35 entitlement, thereby, it exists, in our view, only in the alternative. That is, the child at any given time may elect the parent on whom to base a claim of eligibility. However, once chapter 35 entitlement is derived from one such parent, qualifying for eligibility based on the other parent becomes superfluous; it creates only cumulative eligibility that neither doubles nor otherwise expands the child’s program entitlement.¹ 6. As indicated above, chapter 35 education benefits are intended to help meet the eligible person’s educational expenses. Accordingly, educational assistance allowance under that chapter is payable not simply on the basis of the child’s status as an “eligible person,” but rather, is based on the child’s approved course pursuit. In this regard, we find nothing within the context of chapter 35 to suggest that a child, on the basis of eligibility derivable from more than one parent, should be treated as two separate “eligible persons” pursuing a program of education under that chapter, each individually and concurrently entitled to payment of the same benefit. 7. This situation, we note, is distinguishable from payment of Dependency and Indemnity Compensation (DIC) to a child under chapter 13 of the same title. Chapter 13 provides that, when any veteran dies as a result of a service-connected disability, DIC is payable to the veteran’s surviving spouse, children, and parents. See 38 U.S.C. § 1310. Unlike the chapter 35 benefit, chapter 13 mandates _______________________ ¹Note, however, that the beginning date of a child’s eight-year eligibility period under chapter 35 is related to the effective date of the P&T disability of the parent from whom eligibility is derived. (See 38 U.S.C. § 3512(a).) Therefore, it may be advantageous for the child to elect to claim eligibility based on the parent whose onset of P&T disability will afford the child the most beneficial period during which to use chapter 35 education benefits. 3. Under Secretary for Benefits (20/22) payment of compensation to an individual solely on the basis of the individual’s familial relationship to the deceased veteran. Thus, an individual who is the child of more than one deceased veteran, for example, clearly may have multiple concurrent entitlements to DIC benefits. 8. However, in view of this otherwise open potential for duplication of compensation benefits, 38 U.S.C. § 5304((2) and (3), respectively, bar concurrent benefit payment to a child by reason of the death of more than one parent in the same parental line and to a surviving spouse by reason of the death of more than one spouse. By contrast, no express provision prohibiting concurrent payment of chapter 35 benefits to an individual exists, or reasonably is needed. Even if the same person could establish chapter 35 benefit eligibility based on the P&T service-connected disability or service-connected death of more than one parent, the benefit is not, like DIC, automatically payable based on the status of the child’s parents. Rather, it is payable to each eligible person based on that person’s pursuit of an approved program of education. Thus, the child in the instant case, for example, despite her alternative basis for chapter 35 eligibility, still, is but one person, and nothing in chapter 35 or elsewhere suggests a reasonable basis for treating her as two separate eligible persons pursuing the same educational program at double the “subsistence, tuition, fees, supplies, books, equipment, and other educational costs” for which chapter 35 educational assistance allowance is payable. See 38 U.S.C. § 3531. 9. Perhaps a more apt analogy to that of such chapter 35 child is the case of a veteran under the Montgomery GI Bill (38 U.S.C, ch. 30) who has multiple periods of active duty service. Although any one of such service periods may establish the veteran’s Montgomery GI Bill (MGIB) entitlement, the MGIB only is concerned with whether, not how many times, the individual qualifies for the benefit. Once MGIB entitlement vests in a particular veteran, that veteran is eligible to be paid the statutory rate of education assistance allowance determined only by his or her pursuit of an approved program of education. See 38 U.S.C. § 3015. 10. Likewise, as we read chapter 35, entitlement to and payment of educational assistance under that chapter is not augmented by how many times over the child may qualify as an “eligible person.” Thus, while it is incontrovertible that the child of a “P&T” parent is made eligible, in part, for chapter 35 benefits by the status of that parent, the fact that more than one parent has a P&T service-connected disability status does not make the child eligible for double the education benefits payable for the same course pursuit. 11. For the above reasons, we find that the subject child may not receive concurrent chapter 35 benefit payments. 4. Under Secretary for Benefits (20/22) HELD: Chapter 35 educational assistance allowance may not be paid concurrently to a child by reason of the P&T service-connected disability of more than one parent. Tim S. McClain

Here are a few web site's that were in Military.com website this month... Entrepreneurship Bootcamp for Veterans with Disabilities (EBV) website Attend Entrepreneurship Boot Camp Week of May 05, 2008 The Entrepreneurship Bootcamp for Veterans with Disabilities (EBV) offers cutting edge training in entrepreneurship and small business management to Soldiers, Sailors, Airmen, Coast Guardsmen, and Marines disabled as a result of their service supporting operations Enduring Freedom and Iraqi Freedom. The boot camp is currently accepting applications for summer, 2008. A boot camp session will be held at each of four universities -- Syracuse University, UCLA, Florida State University, and Texas A&M. The EBV program is offered entirely free to qualified veterans accepted into the program. For more information, visit here is the web site for more information... http://whitman.syr.edu/ebv/ also the Commissaries Offer Online Dietician now here is the website... http://www.commissaries.com/ last but not least...If you can't beat them Join them...or if you really want to help your fellow vet...here is a site that can give you a jump start on how you can help... VA Seeks More Volunteers Week of May 05, 2008 The Department of Veterans Affairs is encouraging more Americans to join its corps of 85,000 volunteers. The volunteers are involved in helping VA medical staff in hospices, outpatient clinics and home-based programs. Volunteers are also active at many of the 125 national cemeteries managed by the VA, where they place flags on gravesites, provide military honors and help with landscaping. Volunteers are also important in programs that reach out to homeless veterans, including annual "stand downs" held in many communities to provide health check ups, clothing, and benefits assistance to the homeless. To become a volunteer, contact your nearest VA facility, or complete a form at the VA Voluntary Service webpage. here is the website... http://www1.va.gov/volunteer/ have a nice day MT

Jacko3... Berta post is very powerful insight that I never thought about...it is very true that only another Vet that has been though a similar situlation would understand your pain...as Berta stated in her post "When I picked him up after the 6 week program he said it was really great but not long enough- he felt he needed a whole year of intensive therapy to be debriefed from his year in Hell." unless your civilan MH provider had experiace in a miltary situlation to include combat if you are a combat vet...then perhaps they would not be able to relate to you and what your experiances...in that regards Berta insight that group therapy with veterans that were in a similar situlation would be theraputic if not soul lifting...my post was not based on a combat situlaion my disability is caused from MST and the MH provider I see has been there and done that... but anyways...group therapy is something to think about...it could be the best road to recovery...as Berta said there is no cure...but you can learn how to manage the effects of PTSD.. God Speed MT (and thank you Berta for sharing Rods experiance...it opened a door of thought that needed to be opened)

Good Morning...I know that some may think this is off the wall...but I have always felt strongly that it is a conflict of interest to use a VAMC for your health treatments...not so far as physical but in the MH field... The Veteran Administration is nothing more then a workman comp. company paid by our tax dollars to oversee work related injuries. Who's employer is the U.S. Dept. of Defense. It is in the best interest of the VA to grant the least that they can in order to keep Uncle Sam happy...and who Keeps Uncle Sam in his place the American people. Who really pays for your disablity payments...YOU DO and all those you know by there tax dollars. Most VAMC give top notch medical care...but still if you recieve a diagonis that you do not feel comfortable with don't you get a second opionion? MH conditions are very subjective...it is wiser if you can afford it...to seek MH care outside of the VA health system if you feel that the VA MH care provider is not correctly documenting your sessions...as everyone knows you have good days and bad...so yes I would say that someone with PTSD would feel uncomfortable if there VA MH provider is indicating that they "Seem" to be making progress...Of course the whole purpose is to make progress...that is a good sign..but there is no cure for PTSD...one can learn to mask or surpress the demons...and learn to control the rage that some suffers have...and hopefully someday be able to work and feel comfortable around people again...but unfortunally that is not the case...if the PTS was diagnoised in it's early stages...when it was just post taumatic stress in most cases one would be able to get the proper councleing and be able to cope..but once PTS developes into a disorder there more then likely damage that can not be repaired...like when you break your arm..the doctor can set it cast it...as time goes by your arm heals...but that arm will never be as good as new...your arm will still have a weak spot...there will always be a hairline of a break...the same with MH issue once there is damage it will always be there...and one never knows what will set it off again...well I am rambling now...so just remember that you have PTSD...PTSD does not have you...take care of you MT

rentalguy...is correct...you must continue a treatment plan...I know if it was not for the intervention I have received from my MH care provider in town I don't rightly know if I would be here today...treatment is very vital in contiunual care...because not all disabled vets with MH disabilities have family support...some of the vets I have helped in the past with submitting there claims...have told me that they have stopped taking there meds...I have encouraged them to talk to there doctor's in this regards..I am more concern about what could happen to me if I ever stopped taking my meds...also not everyone does well in group...so I think that would be a personal choice... If you do chose to stay with your own health provider make sure that you keep all records...as retalguy stated...if you chose not to use the VA facility for your treatment it would raise a red flag and you will need to provide the VA with current medical treatment records including your medications.. at the current time the VA is so overwhelmed with incomming vets...if you do decide to use the VA facility there may be a wait...so if you get to a point THAT you feel you can not hold on...GO TO YOUR CLOSEST EMERGENCY ROOM...if a VA facilty is not close enough to get to... MT

Hello Jack03... I am not sure if there is a VA requirement to attend group sessions...I have never attended any meetings nor have I ever been an outpatient or inpatient at a VA health center due to where I live...I do however still have regular schedual visits with my MH care provider in the town I live in...and I still go to my reg. family doctor...I have been granted 100% PT though the VA. I did call the VA at one time and due to the great influx of new patients that there was a 6 mo. waiting list to even get on a team...then after I was assigned a team it would take between 6-8 mo. to receive my first appointment...I thought that was crazy so I have not even gone up to the VAMC at all.. but I am sure there are those on this site that are more familiar with the VA regs...that can help you...I can only go by what my experiance has been. welcome aboard MT

Interesting thread... when it comes right down to it....depending what reginal office is handling your claim will sometimes be the deciding factor. there are a few things I have learned along the way... 1.) many vets don't matter young or old...if the veteran is not educated on how to present his claim and it is not supported by medical documentation that it was an inservice injury or was caused by an inservice stressor the claim will not be granted. 2.) I think the reason that the VA is able to quickly help the recently injured veterans is because most of the veterans are being out processed...with out processing physical's...which in most cases (not all) will address there injuries that will fall under VA comp. 3.) unlike previous era veterans the Veteran Administration is under fire...rightly so..which brings it to the for front of todays news...so todays veterans are more knowledgeable about what the VA has to offer...unlike the previous era veterans of war the VA really kept a low profile the VA wasn't spashed across the eveing news or front page of the newspapers...and not many past era vets would have ever thought of filing for VA compensation... 4.) The VA now is being held accountable for there lack of action...due to there past performance...so now with a new day unpn them...the system has to change...and change takes time. 5.) last if it was not for web sites like hadit...vawatchdog.org..many vets would still be in the dark as to how to prepare there claim correctly in the beginning by sending in the correct documentation....so there would not be delays...I have found that many of the veterans I have been helping to prepare there claim let there emotions get in the way...which prevents them from getting to the core elements...so education to the how, what and when...of how to do a claim is vital. Not negative thinking that the VA is not going to approve there claim. that is what I think MT

Good Moring this may help someone...hope it helps MT http://216.109.125.130/search/cache?ei=UTF...=1&.intl=us or to open as a document go to http://www1.va.gov/blindrehab/docs/GPSSystem.DOC DEPARTMENT OF VETERANS AFFAIRS Veterans Health Administration Washington DC 20420 IL 11-2005-002 In Reply Refer To: 113 July 22, 2005 OFFICE OF PATIENT CARE SERVICES’ INFORMATION LETTER USE OF GLOBAL POSITIONING SYSTEM (GPS) DEVICES 1. This Information Letter provides information on the use of Global Positioning System (GPS) devices for traumatic brain injury patients. 2. Pursuant to Public Law 107-135 Section 210, dated January 23, 2002, the Secretary of Veterans Affairs was directed to carry out an evaluation and study of the feasibility and desirability of providing a personal emergency response system, a GPS device, to veterans who have service connected disabilities. A report was issued in March 2002 by a multidisciplinary workgroup composed of Department of Veterans Affairs (VA) clinicians and administrative staff. VA concluded that the current existing technology and associated personal GPS-Emergency Response System infrastructure was not in place or proven on a national basis. Therefore, VA did not find it feasible or desirable to furnish such systems with the exception of vehicle-mounted units authorized by special legislation under the Automobile Adaptive Equipment Program (Title 38, United States Code, Chapter 39 and implementing regulations in Title 38 Code of Federal Regulations 17.155-17.159). 3. Public Law 108-447 requires VA to establish a new Prosthetics and Integrative Health Care Initiative to ensure that returning war veterans with loss of limbs and other very severe and lasting injuries have access to the best of both modern medicine and integrative holistic therapies for rehabilitation. The Secretary of Veterans Affairs designated four VA Medical Centers as Polytrauma Rehabilitation Centers. The Centers are located at Richmond, VA; Tampa, FL; Minneapolis, MN, and Palo Alto, CA. These comprehensive medical centers provide a full spectrum of specialty and subspecialty services to service members and veterans sustaining multiple traumas, such as: amputation, brain injury, visual and auditory impairment, spinal cord injury, post-traumatic stress disorder, and other mental health conditions. 4. The Prosthetics and Integrative Health Care Initiative provides an excellent opportunity for the Veterans Health Administration (VHA) to focus on innovative approaches and extend the scope of rehabilitation services into areas that are consistent with a younger and more active group of veterans. Even with severe impairments, these individuals are motivated to pursue their lifelong ambitions and participate in society at the highest level possible. It is VHA’s responsibility to provide the highest levels of care, including new holistic therapies, alternative models of care, therapies that focus on a return to an active lifestyle in the community, provision of new technologies, and management of long-term sequelae such as pain. 5. Since GPS devices appear to be a new emerging technology with a variety of uses, such as insuring safe, independent travel for traumatic brain injury patients, disabled veterans may benefit from it. GPS devices serve not only serve as a travel and location guide, but can insure a certain degree of safety. For these reasons, the Prosthetic and Sensory Aids Service Strategic Healthcare Group (PSAS SHG), VA Central Office, will provide, through VA Form 10-2641, Authorization for Issuance of Special and/or Experimental Appliances, GPS devices to traumatic brain injured veterans including soldiers who are still on active duty but are being treated in VA Polytrauma Rehabilitation Centers for severe injury. VA Form 10-2641, prepared by the Prosthetic Representative and submitted through the VISN Prosthetic Representative, needs to include at a minimum: a. Diagnosis, b. Prognosis, c. Level of functionality, d. Alternative technologies considered, e. Assurance that the veteran has the capacity to operate a GPS device, and f. The prescription or VA Form 10-2641 signed by a physician specializing in Physical Medicine and Rehabilitation, Spinal Cord Injury and Disorders, or Neurology. 6. PSAS SHG processes the VA Form 10-2641 and obtains the concurrence of the respective specialty physician in VA Central Office before giving approval to the facility to procure the GPS device. 7. References a. Automobile Adaptive Equipment Program (Title 38, United States Code, Chapter 39 and implementing regulations in Title 38 Code of Federal Regulations 17.155-17.159). b. Public Law 108-447, Prosthetics and Integrative Health Care Initiative. c. Personal Emergency Response Feasibility Report (Report to the Committee on Veterans’ Affairs of the Senate and House of Representatives), 2002. 5. Questions may be directed to Frederick Downs, Jr., Chief Consultant, Prosthetic and Sensory Aids Service Strategic Healthcare Group, at (202) 254-0440. Madhu Agarwal, M.D., M.P.H. Chief Patient Care Services Officer DISTRIBUTION: CO: E-mailed 7/22/2005 FLD: VISN, MA, DO, OC OCRO, and 200 – E-mailed 7/22/2005

Welcome psyopOIF, 1.) since you are SC for PTSD you are over that bump. 2.) in order to have your SC disability increase you must now submit medical evidence that your condition has worsened...you can accomplish that by having your MH doctor write a letter of support for an increase... the best way that I know is to bring your doctor the criteria for the percentage of increase...since you are 0% and I agree with Testvet...that I don't know anyone who would be rated at 0% for PTSD since you have been diagonised with PTSD it had to impact your life in some way in order to have that diagonises...so you were lowballed... 3.) after your MH doctor review's the VA critera for 30, 50,70, or 100% then you will need to submit that requesting an increase due to your PTSD has progressed and it now effects differnt area's in your life.. here is the VA criteia for percentage http://frwebgate.access.gpo.gov/cgi-bin/ge...3&TYPE=TEXT 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........... [[Page 442]] 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..................... I am sure others will add there insights as well... MT

tagandbag...you could also request a copy of the c/p at the facilty that did the MH evaluation. MT

hello...In 1999, the Veterans Administration adopted the slogan "Pain is the fifth vital sign", and encouraged greater use of pain scales in initial diagnoses. One of the most common pain scales is the Wong-Baker Faces Pain Rating Scale. The Wong-Baker scale goes from 0 to 5 not sure if the picture uploaded but if you past the above info the picture's will show up.. MT

I forgot to add this website on pain level.. http://www2.rpa.net/~lrandall/painscale.html#one Randall Chronic Pain Scale..I gave this to the VA doctor the last time I went in and requested it in writing that it is submitted into my medical records and I have a copy in my purse so when I go to the VA I will base my level on this scale so there is no misunderstanding on the level I am at. MT

I have been asked that question before...and I find it to be open to interpetation..what I have said..."Is that a trick question?" I mean really what is the criteria of each number so I can better determine what level I am at...I don't want to be accused of over exageration...then I will ask do you want the level before I took my med's or 3 hours after I took them...and I keep on going until the doctor just goes on to the next question. MT

Here is a VA case that won for Jet Fuel related Diabetes: 3. Entitlement to service connection for diabetes mellitus, including as due to exposure to jet fuel and benzene. http://www.va.gov/vetapp06/files5/0633764.txt INTERACTION PROFILE FOR: ARSENIC, HYDRAZINES, JET FUELS, STRONTIUM-90, and TRICHLOROETHYLENE http://www.atsdr.cdc.gov/interactionprofiles/IP-08/ip08.pdf TOXICOLOGICAL PROFILE FOR JP-5 AND JP-8 http://www.atsdr.cdc.gov/toxprofiles/tp121.pdf From the : September 19-21, 2005 Committee Meeting Minutes U.S. Department of Veterans Affairs 810 Vermont Ave, Room 230 Washington, D.C. Fuel Exposures of U.S. Military During the Persian Gulf War Barbara J. LaClair, MHA Research Health Scientist, RAC-GWVI Barbara LaClair gave an overview of the various fuels, including JP-8 jet fuel, used during the Gulf War, the possible health effects of exposure to these fuels, and the epidemiologic findings pertaining to Gulf War veterans’ exposures to these fuels http://www1.va.gov/rac-gwvi/docs/Minutes_Sep2005_Text.pdf Veteran Affairs decisions regarding jet fuel appeals http://www.va.gov/vetapp07/files2/0713252.txt www.va.gov/vetapp07/files2/0710317.txt www.va.gov/vetapp05/files2/0507033.txt www.va.gov/vetapp00/files2/0010462.txt www.va.gov/vetapp96/files2/9616263.txt www.va.gov/vetapp06/files5/0633764.txt www.va.gov/vetapp07/files5/0740305.txt

hello...I was reading your thread jet fuel has many occupational hazards...one being cancer...skin irratition, respitory conditions ect...and each componant of jet fuel will have it's own adverse affect on one healths... since benzene is found in jet fuel...that could be the component that triggered your dieabetes..since it has been documented that benzene has been known to bring dieabetes on. just my thought... MT

just another thought...not only was there waste from the weapon storage area dumped but also waste from the Paint shops as well...and there are many chemicals that can and have caused cancer...back in the 80's EPA laws were different and what may have been acceptable back then for disposal of the waste may not be now...also the base photo shop I believe also did silver recovery and that was also in the mix of the chemical bath they have there...I will have to do a data search if my memory serves me right...at one time Limestone was marked as a cancer cluster...due to many of the individauls worked at Loring...and retired there. If you go to military.com and go to unit finder you will bring up people who were stationed there...that would also be a good place to go for buddy statements...you may not know the individual but they may have a piece of information that will benifit your case. just my thoughts MT

I know Loring AFB well...the whole area should be condemned...esp. east loring...there is a fishing hole there and I remember seeing 55 gal drums dumped around there...the fish there were mutated as well...the grounds were contamintated! too bad I didn't know any better back then. Albert Einstine (sp.) at one time worked in the lab there....nothing that they find there would surprise me! MT

Hello... First and Formost...the VA will grant a increase if the s/c condition has increased to the point that the effects of the condition has effected your quality of life that is a basis for an increase. That is why it is upmost important for you and your doctor to work together in your care. If your condition now warrents a higher evaluation you need to have your doctor write you a IMO as to why your condition now warrents or has meet the VA critia outlined in the VA schedual of rating which outlines at what point the condition has merited or met the 30, 50, 70, or 100% rate...(those percentage differ depending on the s/c condition you have) in more cases or not when you recieved your original rating you most likley met a higher %, but due to the WORDING and it could be just one word omitted in the c/p could make a differance between 50 and 70% in a PTSD claim...so read the c/p carefully...and if the c/p warrented a higher evaluation it could be the rater was looking for that magic word and it was not there...example if your c/p examier checked off the wrong box saying you are employed yet you are not...you will not receive a 70% rating the VA will grant you 50%....then you will need to go back and reflute the c/p with evidence to support that you are not working...that is just an example... another example...if you go in to your c/p and you are asked the question have you ever had suicidal thoughts...well some people may not have those thougths for a long time due to they are in therapy working out there emotions so they say no... now read the question again...THE QUESTION IS "HAVE YOU EVER (MAGIC WORD) HAD SUICIDAL THOUGHTS"...there is no time frame to that question...so answer it not based on how you feel today but how you have felt before you sought help and began your medication... So when you are seeking an increase please bring the VA schedaul of rating to your doctor so he can read it and write a IMO based on factual medical evidence that supports the VA critera. just my thoughts MT

Dear Betty....take time to live...hold fast to those you love...and know that a wrong has been righted... The truth always prevails in the end...you have overcome a great injustice and I can not express how my heart is full of gladness for you and your family. MT Isaiah 54:17 "No weapon that is formed against thee shall prosper; and every tongue that shall rise against thee in judgment thou shalt condemn. This is the heritage of the servants of the LORD, and their righteousness is of me, saith the LORD"

lu12... Depending when you received your decision letter would have a great impact on what to do. No matter if you do a reconsideration or a NOD YOU HAVE ONE YEAR TO appeal...even if you submit a reconsideration the clock is still ticking. I will give you a personal example I received a decision on my claim and I was awared 50% in which I did not agree due to the fact that my condition warreneted a 70% rating. I took my decision to my doctor along with the VA rating schedual to ask him if he felt my condition warrented the higher eval. based on factual medical evidence. He said my condition warrented the higher evaluation and he wrote me a letter explaining why my condition warrented the higher evaluaion based on my medical condition and how it effected my quality of life. I submitted a letter for reconsideration noting the time frame I had...on my calander at home I put a big circle around the one year mark and a black circle around the day that was 3 months prior to that deadline date...if I did not hear anything before that black circle I had my NOD already made out ready to mail certified with receit...and besides mailing my NOD I brought it down to my POA and had him submit it...this was I knew they had my NOD. NOW HERE IS A PITFALL TO DOING A RECONSIDERATION...to do a reconsideration you can look at the evidence that they used if you do not see the documents you have submitted that supports your claims that were sent prior to there decision you can gather that information Highlignt it and state that you would like a reconsideration on your condition and due to these facts were not noted in your decision... IF YOU SUBMIT new evidence which is another reason to do a reconsideration like the letter I sent from my doctor (by the way I did prevail in this reconsideration) within the year deadline...the VA will more likely then not deem that as new material evidence and they will make your effective date to the date on that letter of new material evidence...so keep that in mind that may happen...yet you still may come out favorable... ANOTHER FACTOR TO KEEP IN MIND...when you do a reconsideration...the rater that rated your claim in the first place more then likly and I MEAN MORE THEN LIKELY will be the one who will do the reconsideration....and since there performance evauation for there position is rated in part on there decisions it does not look good if they made a mistake...so sometime the rater will just kick it back or hold it.... where in a NOD a new rater will get your packet and review it...and will pick it apart to see what other mistake the original rater made...and of course that is all office politic! I am a believer in good faith...that if you do a reconsideration the rater will be fair they know they are back logged and mistakes do happen...and like in my case the rater did the right thing on my reconsideration... but I can not speak for all raters because I do know there are more good ole boys rating that want to look good...and keep the claim awards lowballed... but there is what I think I know others will chime in... SO RECONSIDERATION OR NOT... well if you have the time go ahead and do the reconsideration...if the time is running out do THE NOD..and ask for a FACE TO FACE MEETING with the VARO...very important. just my thoughts MT

hummm just a thought... lu12 wrote: "For the cervical spine issue: C&P examiner opinion was based on the fact that I suffer a motor vehicle accident (MVA) on 1997, the examiner never got to reconcile with various IMO nor considered the BVA assertions and statements relating the following facts, Evidence of the record clearly showed that I got medical treatment for this condition well before the 1997 (MVA) nor considered the fact that the BVA related to an IME, Nexus Opinion from 2003." If the C/p examiner is eluding that your condition deteriated due to the MVA on 1997...yet your condition for your spine was well documented prior to the MVA...wouldn't that be morelike.. THAT DUE TO THE MVA YOUR PRE-EXISTING CONDITION WAS AGGRAVATED BY THE 1997 MVA...(sounds like the nexus as to why your pre-existing condition has kicked in to cause you to file a claim for increase) but just my thought. MT

It is really up to the c/p doctor if they will premit someone present during the c/p exam. I can only tell you from my own experiance that when I was called to go in for my PTSD eval my husband started to accompany me and the Doctor put up his finger to indicate one..but after seeing my reaction he changed his mind and asked me if I wanted my husband to accompany me and I said yes firmly...and he was permitted to attend. He sat in the back of the room but I knew he was there and I was able to relax knowing that he had my back. I feel very strongly if you wish to have someone accompany you at the exam that the doctor will do what is in your best interest. In Betty case they did her a great injustice..it was ethically wrong for the doctors not to permit her husband to acccompany her at the session. As it would be for any vet not to be able to have moral support durning one of the most difficult exam one may take during the whole process. When you go into the clinic area I would make it clear that you have brought someone that will accompany you at the session so they can let the doctor know ahead of time. If the doctor feels that the exam was compermised due to the spouse being there then they can document it in there report. But, from all the doctor's I have meet it is a general agreement that having a spouse or other member helps more then hinders. thats all I have to say MT

even on the gloomest of day's...a ray of hope has always found it's way to you. things will be as they should... and with truth on your side there is no other side to be on. God speed MT

Pete53 wrote: "show a nexus to service and current diagnosis" paid heed to that statement...one of the important aspect of prevailing in a PTSD claim is showing how your current condition is related to your inservice condition. example: lets say you are having night terrors and you are reliving a combat battle and you can no longer sleep at night due to anixity (part of PTSD) and fear of reliving the experiance. Well then the doctor can connect the dots that your carrent anixiety or stress is related to your inservice experiance's...or if you are having flash backs that have caused you depression same thing the doctor can connect the dots. that is what a nexus is. To read more about nexus you can go to the word search at the top of the formum type in nexus and you should get some hits and read up on that if you not sure what the VA means by nexus. Now as far as the medical goes...like most workman comp. company's the VA will look at all factors when rateing...and if you are not taking medication for your PTSD then the VA will use that as a tool that your condition is not as server and you may not get the rating you may be elevated to. Unfortually since PTSD is a disabliltating condition...perhaps all you need is medication to help you relax due to stress or anixity...even a low dosage can help. I know that I thought I did not need any medication but when the doctor talked to my husband well I guess my anixity was out of contol and I did not see that. So have your love one get involved with your treatment those who are sick are also sometimes blind to there own condition. I will keep an eye out on your posts to see a happy ending to your claim MT

Pete53 wrote: "show a nexus to service and current diagnosis" paid heed to that statement...one of the important aspect of prevailing in a PTSD claim is showing how your current condition is related to your inservice condition. example: lets say you are having night terrors and you are reliving a combat battle and you can no longer sleep at night due to anixity (part of PTSD) and fear of reliving the experiance. Well then the doctor can connect the dots that your carrent anixiety or stress is related to your inservice experiance's...or if you are having flash backs that have caused you depression same thing the doctor can connect the dots. that is what a nexus is. To read more about nexus you can go to the word search at the top of the formum type in nexus and you should get some hits and read up on that if you not sure what the VA means by nexus. Now as far as the medical goes...like most workman comp. company's the VA will look at all factors when rateing...and if you are not taking medication for your PTSD then the VA will use that as a tool that your condition is not as server and you may not get the rating you may be elevated to. Unfortually since PTSD is a disabliltating condition...perhaps all you need is medication to help you relax due to stress or anixity...even a low dosage can help. I know that I thought I did not need any medication but when the doctor talked to my husband well I guess my anixity was out of contol and I did not see that. So have your love one get involved with your treatment those who are sick are also sometimes blind to there own condition. I will keep an eye out on your posts to see a happy ending to your claim MT