Buck52

Been a while.  This COVID crap and all the craziness in the world has had me baffled, so much for progress, although, while skeptical and cynical, can't help hoping for better times. If life throws you lemons, make Long Island Iced teas? : )

Will the VA call me in for more appointments if it is P&T?

PLEASE POST QUESTIONS ON THE MAIN FORUM

PLEASE POST QUESTIONS ON THE MAIN FORUM

I am resting,,, sick, but ok.... paid some bills, taking care of things at home. Play on computer, walk the dog. Take morphine for continuous pain. I hope everyone is ok. Not sure if I want to continue the war the va put me in. It is too much...  I found out a lot of things they weaseled out of through 'Administrative Trickery' coined by a woman who does legal stuff fighting the va. I am not sure of who knows about this stuff hidden you do not find out until they pull it out and beat you down with it. Like hidden clauses, where you think you won, but they put clauses that basically say if you won by this method you do not qualify for these benefits. So, basically an 1151 win is not a full win, they withhold lots of key benefits. Who knew? Who knew they can deny a date you file and use some trick language that says that date is not going to be used. Yes, they did that, they cut several years out of my filing dates. Yes I have the stamped papers that clearly shows the filing dates. The list goes on, but the cost maybe my death from the hell it causes on a sick person with the va beating you down. I am at a crossroads, with just fading away with some level of peace, or trying to continue to get wrongs righted. Those that have yet to get through the war, be warned they have a large bag of tricks they do not let anyone see until they hit you hard. After all, it is the way of life in those building to screw over the claims. Are they on commission?

I may have some very good news coming soon ! Until it is written in Stone, I can't say anything, and don't have much info yet.

Hi Buck52.

wondering if you can advise? I’m presently at 100% metastatic prostrate cancer, still going through treatment, which my last another 5 months. This was awarded as blue water agent orange. In the last week I have been diagnosed with kidney cancer and my kidney must be removed ASAP. This I’ve noticed is on the presumptive condition for water contamination while stationed at camp Lejeune. How do I do this in filing a claim, with one already being paid. American Legions here are closed most of the time so getting help from them is difficult. Thanks

My issue is how to get VA to look at a 18yr old claim. My original claim. I see that they didn’t use all the supporting evidence on rating for Anterior disc fusion. If they had used all the material evidence provided then they wouldn’t have given me 20%. In 1999 title 38 explains that limitation of motion of the cervical spine and a demonstratable deformity from fracture warrants a 30% rating. Problem is the wording. Deformity is never mentioned in any of my exams however my radiological consultation request and report dated September 94 (while I was active duty) reads... examination of the cervical spine in two views: no demonstratable recent traumatic pathologies and cervical spine except straightening of the cervical Spine due to muscular spasms. Fused vertebrae or seen at Levels  C5-C6 which may be due to the result from an old trauma. (I broke my neck when I was in the army) Another diagnostic radiology report dated May 2002 and conducted at VA Medical Center, Louisville, KY states The examination of the cervical spine is compared to a study done in March 2001 the fusion at C-5 has not changed appearance since that time. The alignment still shows rather marked straightening of the normal lordotic curvature. Making note that they refer to my compensation and pension exam for my disability in March 2001 that Diagnostic radiology report says there is normal alignment there is evidence for anterior fusion of C5 and C6 vertebrae bodies. There are mild to moderate degenerative changes involving the C4 and five and see six and seven levels joint space narrowing is seen no acute fracture or subluxation. But the radiologist in May 2002 used March 2001 to compare the changes and he said there were no changes and that the fusion at C-5 C6 has not changed appearance since that time.The alignment still shows rather Mart straightening of the normal adult curvature he said it still shows when in 2001 they didn’t even mention it. I’m going to move forward to February 2004. I got approved for an increase but...There wasn’t an increase on my cervical spine anterior fusion. I say again deformity is not mentioned anywhere in my records but I looked up straightening of the lordotic curve in the cervical spine and loss of lordotic curvature of the spine it’s defined as lordosis. I looked up deformity it lists scoliosis lordosis and a couple others. Just because deformity is not used in Any other diagnostic radiological reports or consults but that doesn’t mean it isn’t a deformity. It just means they did not list it for whatever the reasoning was. In August 2003 I was referred out from VA to aneurosurgeon the Neurosurgeon’s letter ofinterpretation of the radiology report stated there is a mild scoliosis of the cervical spine complevexity to the right. There is loss of cervical lordotic curvature was also an independent review of systems he noted MRI scan of the cervical spine reveals presence of loss of the cervical lordotic curve with cervical Degenerative disc disease. he specifically said scoliosis most people know scoliosis is a deformity but he also said loss of the cervical lordotic curve which is lordosis. Both of Those are deformities yet they never used it to give me theproper rating in 2001 or in 2004 I would appreciate any help that you guys can give me on how to try to fix this

The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

Hello Berta, 

I am a widow and I am trying to file a DIC claim, but I need help.

My husband died March 21, 2020 from liver failure (primary) and chronic cirrhosis (secondary). There was not an autopsy.  He was an OIF veteran, and was rated 100% due to PTSD and major depression on August 12, 2013.  His rating was made permanent and total in December 1, 2019, so I know I don't qualify based on the 10 year requirement. 

However, I believe his death from alcohol is directly related to his PTSD and major depression. I had conversations with him while he was still alive where he admitted as much.  He was seeing a counselor to help with his depression, I have some notes from her, where she notated that he was drinking less that week.  I called her to see if she could provide a statement to help, but she had to call her malpractice insurance company first, and I have not heard back. 

I do not have a copy of his C-File, nor do I know how to get it. 

I have initiated the claims process with the VA, and am currently working on form 21-4138 Statement in Support of Claim.  I have family and friends who can make statements supporting my claim that he drank to self-medicate for his PTSD. 

Any tips or advice you can give me to help fill this form out without screwing myself over would be appreciated!

Thanks, 

Erin  

totally exhausted and sick almost al the time still. Sleeping a lot,, need sleep a lot. Can't see doctors,t he VA quit seeing us, along time ago and with this virus stuff, no help at all. My legs suffering in severe pain, and sometimes for weeks at a time I have to sleep with my feet touching the floor or else I can't sleep and scream in agony. PAD? I begged them to help with my legs. That seemed to have started when I was in a hospital bed most of a year unable to eat, and on a feeding tube, and unable to walk for one year. One year ago, in the summer, I had severe bronchitis and green slime filling my airways and puking green slime with high fever, the va refused to see me, and went to a local hospital where they took xrays and found bronchitis. With this virus the va basically told us to stay away and not go there.

Where you at Gastone.

Good afternoon Buck52

 So as you and most heard yesterday my 3-4 year nod higher level review DRO just got done and finally I am service connected for my ankles 10% each Bilaterally Great thing ?bad thing is still at 80% so no back pay but the DRO DID NOT approve my neck and left shoulder which i have a DBQ done by a chiropractor that shows these issues as secondaries and a cyst in shoulder dro said was positive in my favor but the chiro did not write a MO so what do I do now? Ive been sitting limbo waiting for this to get done still have denials on knees and hips aswell any advice?   

Thanks, Buck. Kind words.

NBC Nightly News Picks Up Non-VA Emergency Room Bill Denial Story https://www.disabledveterans.org/2019/08/20/nbc-nightly-news-picks-up-non-va-emergency-room-bill-denial-story/

Hi everyone. I am new to this forum and hope I can get info from it and possibly help other vets if at all possible. Stan Fetty

Could you take a look at the last couple of posts I made?

I think I just completely blew it (the CUE) based on all of the wrong assumptions.

I recently heard that COPD can now be claimed for SC due to Agent Orange exposure in Viet Nam.  I filed for it and received back a letter stating   "We may consider that your 'COPD' is associated with dioxin exposure if YOU SEND US SCIENTIFIC OR MEDICAL EVIDENCE SHOWING THAT YOUR CLAIMED CONDITION IS MEDICALLY ASSOCIATED WITH DIOXIN EXPOSURES." 

Well, I can't provide any evidence, so I'm wondering if any of you assist me in any way.

Thank you!

Can you tell me how to remove a VSO in eBenefits? I am no longer wanting to use one and would like to cut out the middle person. Thank you in advance for your assistance.

PLEASE ask your questions in the MAIN forums!

Hadit is a Public forum and every post and reply  there might help someone else.

Pending Decision Approval what does that really mean? and gave it a closing date of 1/11/2019 that little question mark tab does not really tell you anything, and why does it have to take almost a year just to have it sit in that "Pending Decision Approval" mode in ebenefits? 

Pending Decision Approval what does that really mean? and gave it a closing date of 1/11/2019 that little question mark tab does not really tell you anything, and why does it have to take almost a year just to have it sit in that "Pending Decision Approval" mode in ebenefits? 

Hello Buck52, this is Air Force Vet. You gave me some valuable information concerning my claim for TDIU. I just want you to know I did receive my 100% disability award. If you remember I filed my claim on April 16, 2018. I received my award on June 20,  2018 it only took 64 days to complete. I was really surprised to get my award. Especially in the short time it took. Thank you so much my brother. God Bless you. 

Air Force Vet

You said I should tell my story for other vets.  How would I go about doing this?

Thanks,

Jeff

Ms. Berta, what is a nexus?