jbasser

Thanks Tamara. I am also happy for you. How long did it take for them to contact you for your interview? J

You did a good job to get your hrsring aides. Usuallly you have to be at least 10 percent to get them free. Take the letter from the Doctor about your hearing loss and immediatly file to reopen the claim. Dont file a new claim. That evidence and the hearing aide should be considered new and material. Find your denial letter and let me know what is says. They may not have had your records and made a decision based on that, If so there are rules in place now that protects a Veteran if a decision is made without service medical records. JBasser

Mrs john, You probally can claim the bulging disks. You need to have a Doctor to nexus it to the falls. Some bulging disks can heal. The will rate this under Invertabral disk syndrome. It is rated by the number of incapacitating episodes. If a Doctor prescribes bed rest or tells him to stay offof his feet. I received Sc for my neck some years ago but I was rated under SPINE range of motion. I also had pain and numbness in my left side which I had to appeal to win. Keep an eye on John for a bulging disk can put pressure on a nerve root and cause considerable pain. J

Workers comp. BTW has anyone passed a Kidney Stone? There aint no matching or equivalent pain.

I wonder if the stolen Lap top information was as secure as the VA said it was? Maybe The retired Captain was the highest bidder? I did not receive a copy.

It is one of the cases where as a Vet and you file for benefits, You must play fair for they will find out. We all must be truthful. I bet that almost everyone who gets a claim apprioved gets investigated. J

You need a Good IMO if you wish to pursue this issue. Since he is already 100 percent I cannot advise you to pursue or to not pursue. Now if he can get some type od SMC for his conditions I would look to Pursue.

Be nice to them. A three hour drive. How about grabbing a HI express and stay a couple of days. Keep a posative attitude. Be sure to take recent claim evidence unless the Doctor does not have it. Good luck.

20 credits in the last 5 years or 40 credits in the last 10 years. Dont forget about the Veteran credit. It is based on the number of years served and has different criteria depending which years a veteran served.

Abe, any Doctor listed as a chief of a department has to be a federal employee. A contract doctor is called a Fee Basis doctor. He may not be under fers but Doctors have different incentives than regular employees as they are not general schedule employees. Theis is explained in the Title 5 United States Code. (Payroll)

Phillip, you are correct. The first step is an evidence review done by State Employees at the DDS level. Usually some should be retired md. These folks are the ones that hurts the system. Dont ever assume you will get SSD. 60 percent are denied on initial claim. 40 percent of those win at the ALJ stage. I did. Even though it took 2 1/2 years. It pays to have all of the information needed along with medical opinions from your own doctors or an IME. I did not see a SSA MD. My IME doctor was the one who won it for me. Go ahead and file. Do it on line. Get all the records and get an Attorney after the first denial. The Attorney knows Doctors to send you to. It was the best 500 bucks I ever spent. JBasser

He is a VA employee. The VA pays him a salary as well as the other hospital. These are training hospitals. My local VAMC is also a training hospital and the docs work both places. Your Attorney can advise you about the TORT process. I advise an Attorney.

Call back Tuesday and ask them to tell you how many signatures the claim needs, Then call your VSO and have them find out. If it needs more than 1 signature, you should be cautiously overjoyed. The VSO should get the decision first. Good Luck and let us know the results. J

Jay, here is what it says. . § 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. (:D 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] Jbasser

Tyler, you shpuld be rated on the criteria that is highest in favor of the Veteran. Now The VA likes to word denials with the word pyramiding. It would be better to prove some neurological defectis as a result of the spine problem.

Every Service organization have the same disposition. The difference is the people at the local level. You get some that will try to help and keep up with what is current with a claim. The you have some that issue documents to the VA and dont do any follow up. To answer your question, You need to find a good rep. The Rep is going to help, not the VSO. Now the actual truth is this: I have Filed all claims, Appeals and Va related information. I give a copy to the VA and to the AL rep. I use the rep as a person in the same location as the RO and let them do leg work. , Keep a copy of the file , ect. Someone once said if you want something done right, you should do it yourself.

Great Post Pete. It makse sense to me.

They will rate the T spine and L spine together. The Cervical spine is another. They will rate under the spine ratings of Spondylosis or arthritis based on limitation of motion. To get a higher rating one must prove that there is neurologic conditions caused by the spine. The Neurologic conditions are to be rated separatly. The BVA is full of denials for claims of th espine. It may pay one to research files. J

Cowgirl You and Josephine should talk.

Pete, The award date is the same as disabled date. In my case July 28 2005. The VA had diagnosed my paralyzed diaphragm,pulmonary Hypertension, and heart disease yet they denied IU. I now have this information that the service connected conditions caused me not being able to work. But I am seeking 100% schedular P&T Pulmonary Hypertension associated with heart and lung disease.

William, Veterans Service Organizations have offices in the same buildings as the RO. Usually right across the hall. I have made them go check several times.

Steve, I dont mean to be negative but IRIS inquiries listed on the contact va form with spacific questions are routed to the Service Center Manager of the Regional office. It is up to the Veteran to put the state in the blocks. here is how to do it. WWW.VA.GOV BOTTOM OF PAGE SAYS CONTACT va. FILL OUT ALL INFORMATION CORRECTLY. Pay attention to the state list. Put the Claim number in and make your comments. You should get a response in a day or two. If your answer is not satisfactory, have your VSR physically walk to the RO to get your answer. J

Did you fill the form out completely the way it is listed on the site? I have sent a lot of IRIS inquiries and have never received a response like that. Call them and ask. It may help. J

Cowgirl, your a hoot. Thanks

I just returned from the hearing and I have some great news. I won, Backdated till July of 05. The Judge issued a bench decision. Fully favorable. Now it i s time to crank up the heat on the VA. They Denied last year. I am going to ask for an immediate award as I lay the letter on them. J