jbasser

Shipmate, if you have not dumped your cookies, the site is still in your PC. You can go to temporary internet folder and look. It may take some time but it is there. Just find the date you looked at it and you should find it.

Hi Pete, Send us a picture when you get one. Id love to see the little fellow. Did they name him after the Actor. I met the Actual Actor when the movie Next of Kin was filming in My home town in eastern Ky.

The show was what it was, I have known for many years that this was going on. I have posted about it time after time. Tammy Duckworth has the sane right as any other Veteran to have her story heard, I am proud of her because she took a negative and turned it into a posative. She is not sitting around feeling sorry for herself. There will probally be a Major Movie about TY and other persons who are battling the VA. The Bottom line is this. The ship known as the USS VARO has sunk in the marinas trench in some 14000 feet of water and there is no way to raise it. The only recourse is to build a new one and replace the crew. The Captain and crew have went down with the ship. These morons who make these decisions need to be terminated. There is no way on earth they can objectivly look at a claim especially one like Ty's and deny benefits. The folks focused on are just a drop in the bucket. No wonder Nickleson resigned. I wonder how big a bonus the RO that denied Ty's shrapnel wounds and cut his name out of the Decision got. Too bad nothing will come out of this. It is business as usual at the Regional offices.

I think it is the luck of the draw of the Judge you get. Mine issued a bench decision on a Wednesday and by the following thursday the letter was in my mailbox. I learned something. If you have a hearing, pay attention to what the Vocational Expert tels the Judge and be aware of how the judge asks the questions to the Vocational expert. If the Expert says there are jobs in the Nationa Economy one can do on the last step then you are guarnateed to lose. If the expert says there are no jobs then it is favorable. If there is no Vocational expert,and no bench decision is rendered then one will be in limbo until the letter arrives.

I bet right now the sweat pumps are on high and the cover uppers are brainstorming how to weasel out of this one. This show has hit them hard. It brings to the public eye what we have been preaching for years.

Bound, How long did it take you from the decision to get your first check and then the retro?

I have set my DVR's to 3 of these showings. This is a must watch for anyone.

It is 25 percent or 5300 whichever is less. Any amount must be approved by the ALJ or appeals council. I used a an attorney. ALLSUP actually tracked my claim for a disability company. They were real helpful. With my attorney, I won at the ALJ level. Mudman, what part of West Virginia are you from?

If that veteran has health insurance, That regulation may not apply.

I agree with Pete, I want to add that you may want to also get an Independant medical evaluation from a local doctor. ( Attorneys usually have a list of them they can reccommend)

Rick, Fusion of the Knee with no movement is unfavorable Anklyosis. Here are the loss of use regulations. I post them the way they are written. I respect your opinions but I dont appreciate your efforts on this subject. § 4.63 Loss of use of hand or foot. top Loss of use of a hand or a foot, for the purpose of special monthly compensation, will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand or foot, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance and propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis. (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of 2 major joints of an extremity, or shortening of the lower extremity of 31/2inches (8.9 cms.) or more, will be taken as loss of use of the hand or foot involved. (:) Complete paralysis of the external popliteal nerve (common peroneal) and consequent, footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. [29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]

Here are the regulations for Automobile Allowance. With your legs, I dont see why not. § 3.808 Automobiles or other conveyances; certification. top (a) Entitlement. A certificate of eligibility for financial assistance in the purchase of one automobile or other conveyance in an amount not exceeding the amount specified in 38 U.S.C. 3902 (including all State, local, and other taxes where such are applicable and included in the purchase price) and of basic entitlement to necessary adaptive equipment will be provided to— (1) A veteran who is entitled to compensation under chapter 11 of title 38, United States Code, for a disability described in paragraph (:) of this section; or (2) A member of the Armed Forces serving on active duty who has a disability described in paragraph (:) of this section that is the result of an injury or disability incurred or disease contracted in or aggravated by active military, naval, or air service. (B) Disability. One of the following must exist: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Permanent impairment of vision of both eyes: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20° in the better eye. (4) For adaptive equipment eligibility only, ankylosis of one or both knees or one or both hips. (Authority: 38 U.S.C. 3902) © Claim for conveyance and certification for adaptive equipment. A specific application for financial assistance in purchasing a conveyance is required which must contain a certification by the claimant that the conveyance will be operated only by persons properly licensed. The application will also be considered as an application for the adaptive equipment to insure that the claimant will be able to operate the conveyance in a manner consistent with safety and to satisfy the applicable standards of licensure of the proper licensing authorities. Simultaneously with the certification provided pursuant to the introductory text of this section, a claimant for financial assistance in the purchase of an automobile will be furnished a certificate of eligibility for financial assistance in the purchase of such adaptive equipment as may be appropriate to the claimant's losses unless the need for such equipment is contraindicated by a physical or legal inability to operate the vehicle. There is no time limitation in which to apply. An application by a claimant on active duty will be deemed to have been filed with VA on the date it is shown to have been placed in the hands of military authority for transmittal. (d) Additional eligibility criteria for adaptive equipment. Claimants for adaptive equipment must also satisfy the additional eligibility criteria of §§17.156, 17.157, and 17.158 of this chapter. (e) Definition. The term adaptive equipment, means generally, that equipment which must be part of or added to a conveyance manufactured for sale to the general public to make it safe for use by the claimant and to assist him or her in meeting the applicable standards of licensure of the proper licensing authority. (1) With regard to automobiles and similar vehicles the term includes a basic automatic transmission as to a claimant who has lost or lost the use of a limb. In addition, the term includes, but is not limited to, power steering, power brakes, power window lifts and power seats. The term also includes air-conditioning equipment when such equipment is necessary to the health and safety of the veteran and to the safety of others, and special equipment necessary to assist the eligible person into or out of the automobile or other conveyance, regardless of whether the automobile or other conveyance is to be operated by the eligible person or is to be operated for such person by another person; and any modification of the interior space of the automobile or other conveyance if needed because of the physical condition of such person in order for such person to enter or operate the vehicle. (2) With regard to automobiles and similar vehicles the term includes such items of equipment as the Chief Medical Director may, by directive, specify as ordinarily necessary for any of the classes of losses specified in paragraph (B) of this section and for any combination of such losses. Such specifications of equipment may include a limit on the financial assistance to be provided based on judgment and experience. (3) The term also includes other equipment which the Chief Medical Director or designee may deem necessary in an individual case. (Authority: 38 U.S.C. 501(a), 1151©(2), 3902)).

Good job Jim. Way to go.

Go after the doctor, name the VA also in the lawsuit. That way you get 2 for the proce of one. I believe you have a limited time to file.

The Judge told me I would get my letter one day this week, to giveit an extra day and then call the office to set uo the appointment, I would like to see it before the first of the year with the holidays looming. Thanks for the input as we enjoy our retirement. J

One other item, The state whwere your Father lived before he entered service, may have a copy of his dd214. Ky had mine. It would be the state department of Veterans affairs.

What was his Naval rating? We published the Navy pies list. His records should show he was on board these ships. He can use the site to get Buddy statements to support his claim. Especially the Mckean. ( Several Folks were onboard when he was). The information needs to say the condition of the steam pipe insulation,Was it tore? flaking, ect.What was the proximity to the steam pipes for sleeping, ect. Cover every angle. Piping on those ships were insulated with African Amosite asbestos. If it gets airborne, It can be deadly. Anyway he needs a buddy statement and aq nexus to go along with his claim. If he worked around asbestos after service, They VA may try to use it against him. They are known to do this stuff. J

He must be working on an asbestos claim. Send me a list of the ships and an email address and I will send you a link to the actual crew list. If he doesnt feel like it here is a link. At the end of the link you need to type in the hull number. not ship name. IE as-37 www.navybuddies.com/crew.php?action=ship&ship= J

Your Service officer has a Bad case of the Dumb@#@. It is highly contaigous. Ask that doc who did the exam to supply you with a copy. If not ask the RO to send you one. If you live close to the RO go and get a copy. One copy will not slow down the claim. Now if your SO has any questions, Shoot me an IM. We can talk. J

Within 15 days iof receiving your apprioval letter is the story they tell, however, I have seen Retro checks hit the bank before the letter arrives.

Now, to get the vA to award 100% P&T is the next battle. It should not be too much longer. J

Littlejuanita, it is imparative that you find someone who knows the process. I advise yuo find a good attorney who will pro bono the case. Let them do the leg work, The VA will jerk you around and confuse you until you do what they want. Give UP. You will be better off.

It took 28 months from first claim to ALJ hearing with 2 denials. 1 was at 6 months, the other one was at 9 months. Then I got an atorney. Dont miss any deadlines. Get an attorney, make sure they have all medical information. Most important thing is to get a fair Judge. J

I received mine when I was 10 percent.

Yoggie, has the docs put you on any bed rest or have you been ospitalized for your back condition? IVDS depends on the amount of incapacitating episodes. They could rate it as spinal arthritis with loss of motion and separate for the neurological to the leg. They are supposed to rate it to what is the most favorable to the veteran but they often dont,If you can, send me the diagnostic codes for your rating and I can advise you further. J