jbasser

Folks Rich and I talked at length tonight about this. The Indy RO or should I say acting RO is just like the One I had in 98 at Louisville. I know his reports and the C@P's were favorable to him on the Knee Exam and PTSD. At least as likely as not related to incidents in service. What are we suppposed to think when somthhing like this happens to a fellow Vet. Sure we hear a lot of information and we can reasonablly determine a success story by the wording used on C@P reports. There is usually some story behind the story that we dont get to see in A lot of cases. Folks, This claim is as legitimate as they come. I have spent some time with Yoggie and I am as shocked as he is. What else does this leave? I have to say I agree with Pete and the Acting RO and his staff didnt read the file. They listed it in evidence but they didnt read it. I guess they dont want to deal with it so they quick denied it. Rich, Ask for a DRO hearing. Anyway when you receive your Statement of case from The RO, it should have a form 9 with it. The Form 9 is an appeal form. Fill it out and get it back. There is a 60 day time limit on the form from the issue to the Ro Recipt. I challenge all Hadit members, Expecially the elders to come up with some Ideas to help this guy out. We have some folks here who are very good at this stuff.

The RO will tell you at some point that the VA compensation is based on the amount of income your service connected disability costs you in earnings capacity. I know several 100 P&T Vets who go to work every day. It happens every day.Lowballed ratings because you are working. Good luck

Pete, That is wild. Nov 6. 1982 was the Day I got married and I believe I was drunk also. Iraqx2 , Like Pete said, you need a Good IMO. There is nothing more important when we need medical evidence on our claims.

Don, according to the regs, an ejection fraction based on a heart cath of less than 30 percent meets the requirements for 100 percent. Dont let them mislead you. That is the bottom line and you can quote the regs to the DRO. The reason I mentioned pulmonary hypertension is that it is rated at 100 percent for the Pulmonary criteria. It is based on Right side heart failure.

Don, Can you answer 3 questions about your heart disease. 1: What is your Ejection Fraction? 2: Have you had a MI? 3: Do you or have or have you ever had a Heart Cath and been diagnosed with Pulmonary Hypertension. Request the hearing and take the facts along with the regs with you. I won at the DRO 2 years ago and I didnt have a meeting.

The VA defers claims for a reason. Usually it is to make a decision on one claim when you have filed multiple claims. They will decide one and defer the rest and so on. They may be waiting for a C@P exam or some additional evidence. They deferred one of mine 2 years ago. Now watch them like a Hawk for they will seek adverse information and even go so far as to lead C&P examiners with certain key worded questions.

Congratulations on the IU. You appear to not be P&T. You should file a nod to fight the AO denial. If you have an AO disease you should win. Good luck and keep up the good work.

Congrats on the 50 percent rating. Well done. Please take a moment to fill the attached form if you have dependants. The sooner the VA gets it the beffer off you will be. It is also time to take the award letter to the folks at the meams test section of the VA. You will no longer have co-pays at 50 percent. You cna also ask for yor money back to your effective date for medicine and medical co-pays. http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf

Berta, I did receive the VCAA election letter in December 2006. I did file the form 9. The latest Info I had was a travel board hearing had not been scheduled yet. That was sent in Jan 2007. This is a very complex case as I appealed, Filed a previous cue claim, Filed for an earlier effective date based on the Rin AM015.(Newly discovered service records). My VSo tole me I could not file a CUE claim. I asked him to show me the reg that says I cant. I told him I could file a CUE on a final decision and show the regs the VARO failed to use in order to frivously deny a claim.

Hi Folks, I have been involved with a 15 year old battle with the VA over several issues. I am not going into the total detail as the elders know most of the story. I was service connected for cervical DJD/DDD in 2003 and I sent in a NOD for radiculopathy of the nerves for the left arm and shoulder. The VA also service connected my left phrenic nerve. That gave me a 70 percent rating. I had filed for a Paralyzed left diaphragm with Pulmonary hypertension secondary to the Cervical spine and it was denied. I send in the old form 9 and it has been kicked around at the RO for 24 mos. I also appealed an IU denial for the same purpose. I started reading the information again and I saw a report from a VA pulmonary doctor that said my Lung conditon was a result of the cervical spine. Then I noticed the phrenic nerve and found out it controls the diaphragm movement. I contacted the RO By Iris and by phone and sent the Report to them, Mail and Fax. The Iris reply was they would look into it. I even offered to drop the appeal. I get a letter in the mail and it says this. We have received your request for increase. I no longer can get upset, I am just plain numb over this entire mickey mouse system. Are they really that dense? My VSO cant even figure it out and he is a retired RN. The DAy the phrenic nerve was service connected the diaphragm and PPH should have been 100 percent P@T. I know what they are waiting on but I plan to live a long time.

I guess we have all been around the survey block. It reminds me of the guy who kept going around the block and when his turn signal stuck. Anyway wasting 703000.00 including stamps. Money could be put to better use. Time to put a bug in my congressmans ear. J

Folks, Pete is absolutely correct. A DO is an osteopathic Doctor. The practice area is still the same. Dr Barson is schooled in Occupational Medicine. He would be better suited for an opinion rendering the emphasis on the working economy. His opinion would have more weight than a Radiologist or regular MD that does not have an occupational background. For example, a Neuroradiologist can tell you from a film, Xray, Ct or MRI thay you have a certain nerve problem. A Neurologist can tell the effect of the nerve on the body and a Neurosurgeon can tell what effect the problem has on the bodily system as well as operate to fix it.(If it is warranted). An MD or DO specializing in Occupational medicine can tell what your limits are when it comes to working. An Occupational doctor is the most important cog in the wheel for both the SSD and VA compensation since they are based on earnings capacity (VA) or ability to perform substantial gainful activity ( SSA) If I needed an opinion I would use him without hesitation.

Entropent is correct. I got ahead of myself. I was treating the issue like it had already happened. As a former rater, He can help give the VA viewpoint. The RO's can yoyo PTSD because there are no clear diagnostic tests and it is based on opinions. What I mean with diagnostic tests is there are no visible means like Xrays or Scans that show PTSD. John999 is correct in his post.

This letter is just like a rting decision. You need to file a NOD. Then fle a form 9 to appeal. You may also have to get an attorney once it goes to the BVA and the attorney can advise you on the proper procedures you can take to keeep them from taking your comp until after the case has been decided. If your disabilities prevent you from working, Immediatly file for IU. They should also look at that but they always done. Stay one step ahead of these folks.

If you have both conditions the VA will see which one was diagnosed first. If HTN was first then they will say that the Sleep Apnea is not secondary to HTN. Now yucanb go after the aggravation factor of OSA and its effects on Blood Pressure. You need a MD to connect the dots with an opinion and a nexus as to your spacific issues. You may have to go to a sleep specialist or Cardiologist to get one. The VA is not likely to render an opinion unless it is at a C&P exam.

Donnie, congrats. The SSD was the first hurdle. Now the Fers will be quick and the IU should be in time. The VA is always the slowest in my opinion. J

I dont use the legion any more. I now use the DAV for I feel they have better benefits like car rental discounts and Ford Purchase plan or X Plan. Something from nothing leaves nothing? Kind of sums up the AL in my opinion. Now if these reps were trained at least 25 percent of some folks I know at Hadit then we would get somewhere. J

You need to see a Neurologist to do a history with your records in hand. They will use prostrating. IMO The VA will rate muscle tension hedaches with the criteria used for migraines. The main point for compensable service connection is the frequency and duration of the headache. I am rated 30 percent for migraines and have the following symptoms. Every 12 to 14 days I have one. I get sick at my stomach and I cant see very well. The Light hurts my eyes. Now here is the main point I want to make. A Doctor needs to use a headache diary and describe the headaches as they are occurring and the doc needs to use the following words. Prostrating Attack. That means the headache is debilitating enough to stop all activities to lay down, medicate and try to sleep it off. People with muscle tension headaches and headaches assiciated with cervical disk disease do get nausea and light sensitivity. Prostrating,number of occurances and serious effect on earning capacity will warrant a 50 percent rating. Keep a headache chart. 1: Occurances. Write the date 2: Pain Scale: 1-10. 10 should be the main. 3: Nausea, Blurred vision, ect. 4. Take BP readings. My Bp goes to 200/140 during one. Date2-9-2008 H/A 7am went away at 4pm. Meds. Hydrocodone, phenegren, Pain scale 10/10 Pulsating.

Jan, dont give up. Now is the time to file a NOD. It is also time to get an IMO for the migraines and other issues and use it as evidence. When you get the IMO, take all the records and the IMO doc will review them and put it together. The VA is counting on you to give up. You would be amazed at the number of Vets who actually do. Disgusted Vets get tired of the crap and just quit dealing with it. Dont quit. Dig harder. Show them your in it to win it. J

Did the VA know you were seeking an IMO to add to the claim? If they did, this may be just a head game to get you. Dont worry about it. Just inform the kind folks at the RO that they did not consider this evidence and denied the NOD pre maturely and you would like them to consider it. In the meantime, Slap them with a form 9. Appeal the claim. When it gets to the BVA and the BVA realizes they have not considered the IMO, then they will remand it back. The RO has done nothing but added time to the claim. They have become very efficient experts at this activity.

We all know that dealing witht he VA is a mind boggling scenario that can last for years. ( It seems like forever). I have talked with several folks whose claims are close to being decided. From my own personal experience, ( I just about went off the deep end) I drove my wife nuts because I was crossing every T and dotting every I and double checking all of the information I had submitted. After I found the VA Errors in my claims I turned into a raging pit bull and hounded the DRO into submission. I needed a break and I could not afford to take one because there was so much at stake. I finally made a list of things to do to take my mind off the process and it worked. I kept giving myself things to look forward to like certain fishing trips or a vacation. Believe it or not, This activity actually helped me. I stepped back from the scene for a few days. When you return to the process, you feel refreshed and your mind actually works better. I discovered things I had completely missed. So folks, Take breaks often. Dont let this stuff run your life. JBasser

Jim, call your VSO at the regional office and ask them to tell you. They are supposed to revierw tghe decision after it is made and they can tell you. My AL rep did just that after I called him. He called back within the hour with the news. J

This nation has a major drug problem and meds by mail is a large target for thieves. UPS, Fed Ex and the USPS have all been robbed by drug seekers.

If you have insurance and want treatment for the conditions then you can go outside to the private sector. You dont have to go the the VA unless you need to. The private docs also keep records. You may be given better attention outside.

Betrayed, They will do or say anything until the ALJ puts them in their place. Be prepared to go to that level in your case. Hang in there.