Buck52

Original poster the VA Should give you a C-PAP to use and all the equipment hoses.Mask..you need to use distilled water. Anyone that has Sleep Apnea /OSA needs to be using a C-Pap/Bi-Pap machine. For some reasons the VA is turtle slow on getting VietNam Veterans their C-File....but some do get their C-File within 3 /4 months. I guess the C-file for us Vietnam Vets got lost in the mail room. Next Month (June) will be a year for me and I requested it twice during this last year...and not a word from them..I do have the greencard receipts I need my C-file bad I wonder if it has been didtized and on CD? Could I make an Unexpected Visit to RO? And ask for it that way? jmo ....Buck

Page1006 I never intended to up set you in any way and I know all this has to be upsetting to you to say the least. I hope you have sent in statements like this one? for evidence of record your lay statements will be considered. I agree with you I believe your hubby did have some type of episode just right before his Accident..Proving it will be hard.

Ms berta does the VA still use the GAF Score? maybe it was change in 2010... After his Accident? I understand it was replaced with the DSM- IV 4 and Now DSM-5 or DSM The DSM-IV established 5 axis for evaluating the severity and scope of Mental Health Conditions. The general thought was that one cannot understand the mental health condition without understanding the physical, emotional, and psychosocial elements that played into it. So, in the DSM-IV, mental health conditions were evaluated on the following 5 axis: Axis I: The clinical disorder that brought the mental health patient “in the door” Axis II: Personality disorders that might be relevant to or affect the mental health condition (such as cognitive impairments, learning disabilities, etc)I remember the lower the score the worse off the Veteran was. When it comes to service connected disability compensation with PTSD, the VA determines your percentage of compensation based off something called your Global Assessment of Functioning Score, or GAF Score. According to psyweb.com a GAF score is determined by the following: Global Assessment of Functioning is for reporting the clinician's judgment of the individual's overall level of functioning and carrying out activities of daily living. This information is useful in planning treatment and measuring its impact, and in predicting outcome. The Global Assessment of Functioning Scale is a 100-point scale that measures a patients overall level of psychological, social, and occupational functioning on a hypothetical continuum

Ms berta I was thinking this veteran had filed for an increase before his death, and he himself disagreed with VA decision to rate him at 10%. My point would be , if he was rated at 100% then his behavior symptoms could indeed be worse, and therefore increasing chances of His behavior being worsen & caused by or/aggravated by the PTSD, I Think that's a point the Attorneys need to raise a stink about. However that maybe putting the cart before the horse! The good points about his careless/wreck less riding popping wheelies and riding his motorcycle in a careless way seconds before the Accident is > that he was not Drinking or on Drugs that's a good point to bring up. Actually this all stems from his S.C. PTSD & the Aggravated symptoms of behavior. Depends on Autopsy reports and toxicology reports as to what this grave outcome will be. What if he started to have a SEIZURE seconds before his Untimely Accident? Anxiety and many symptoms of PTSD can be noted that it was a probability. Autopsy reports should reveal that. This is all I can basically see for her defense. Could she go on an process his Claim for Increase or would that be useless? The only thing I can see that will hurt this case is his reckless driving and popping wheelies and riding his Motorcycle in an unsafe manner right before the Accident and Witnesses to testify in the Accident Report....but then again He had a diagnoses of PTSD. jmo .................Buck

page1006 Just speaking humm Unoffically here..K & Just my Opinion Everything looks like to me your claim will be approved, there's only couple of things I that think will possibly hurt your claim one is proving his 10%S.C.PTSD behavior was the cause of his death proving something happen seconds before an issue Happen (Accident) will be hard to prove and the other is the statements from witnesses, the only chance I would think you have at all is if the Attorney can prove he had appeal the 10% and was asking for that to be increased based on a Phyistrist treatment statements and added Mental medications. Also statements from a license PTSD Therapist if he was in treatment at the time of his death? & Dependent on the Autopsy statements? '' Witnesses reported observing the motorcycle being operated in a reckless manner. He was riding on the rear wheel only prior to the intersection. He was wearing a helmet but the helmet was not properly fastened. The investigation indicated that excessive speed and reckless driving on my husband's part contributed to the crash. There was no alcohol or drugs found in his system.'' So proving his 10% SC PTSD (& your hubby had filled an Appeal for increase) this alone would be evidence & the reason for his death because of his uncontrollable factor if that has been Noted as of record? So without his claim increase before his death who's to say he would/could have been rated at the 100% rate? per speculation but it does raise the questions as to the cause of his death. The Specialist needs to say something in this manner After reading Mr Veteran Joe Brown records ''I believe his uncontrollable behavior is 100% aggravated by his SC 10%PTSD was the reason of his Motorcycle Accident & Resulted in his Death on Date **-**-**** This is why you may need an IMO and have a SPECIALIST(Phyistrist) to state so in his/her professional opinion. I know you have the Attorney to help you I just want to make sure you know all of this...sometimes you may have to lite a ''Fire''under the Attorney ''Assperalo'' then I think you will win your case. If you win you and your children should all get benefits Available & if your disabled you can get special compensation with your DIC or have a hardship in rasing your children. So lets all pray you got some good/great Attorneys and the don't let nothing slip by them. If you get denied read the the ''What we decided '' Reason and bases of the decision & put on here on hadit (cover name and claim #) so we can help you MORE. I believe you can Appeal the decision & take to this up to the big boys up in Washington. I got my Fingers crossed for ya I realize this is tough for you to go through and my heart goes out to you and your family. ....................Buck ....................Buck

Just my opinion but you can go to the VA rather or not you have private Insurance they may ask you if you have private Insurance or not but you can still use the VA for medical treatment As for as your % it don't matter if your 10% or 100% the medical part it does not matter what your rated they do have a small co-pay if your less than 30% I believe. However only for Dental Treatment you need to be 100% if you have a myhealthvet account you can go to ebenefit's and check on your current ratings.

Gastone the only thing about going to view your C&File is how long it takes to go and read through every page. I viewed my C-file about 15 years ago at the Waco Tx RO...and they watched me like a hawk made me nervous, every time I took out a page to read the guard as you will came closer to see what page it was....it was nerve wracking and kinda pissed me off. And after you read it they can make a copy but on that particular page I had it and didn't need a copy of that one...its just hard to view your C-File while they stand over you like he did with me. broncovet good information from Att Chris Attig, but time is very important here, I think we will just file the claim without viewing the C-file If he don't get it in time before he has to file the ITF/ FDC Claim... it probably be denied...we were trying to prevent the NOD & Having to go to BVA....The reason for Requesting the C-FILE over a year before filing.

'' I finally have found a physician that does IMEs '' Who was the physician?

I disagree filing for a new claim will cause a reduction. I filed a new claim after being 100% for 14 years and they never mention a reduction! Usually the VA only will propose a reduction if they get MEDICAL information on a improvement in that disability to that particular veteran and or fails to show up for a C&P Exam. or just plain out fraud. My opinion I think if a veteran has a service related injury or diseases he/'she should file for it. As brokensolder 244 mention it would be for the veteran spouse for DIC. And there's SMC-S 1 for those who have a 100% rating, if they file a new claim and that claim is given a 60% rating then the VA has a Statutory rating to rate that veteran SMC-1 The way the VA is and deny a lot of claims to me its very important for the veterans to never give up on their claims no matter how many they might have . ...................Buck

if a examiner can not give his/her opinion and only a speculation that is grounds for unsuccessful examination & another C&P Should be scheduled seeems I read that some where. jmo ..............Buck

I do understand for Vietnam Veterans their files are older and may take some time converting them to the new digital format and copy to CD. but once they get the request they should start the process.

How does one continue to file claim without C-File? (Requested twice) not a word from VA INT is ruining out and his C-file has been order over a year now So how would a veteran submit evidence while waiting on the C-file? just send in what he has? but a certain record he needs that is crucial in his C-FILE that would put a whole new look on his claim s supporting evidence. Should he file the claim and wait for a denial and be ready to NOD? I'ts not the Veterans fault the VA Won't send his C-File to prepare for his claim.

page1006 This may help you? or Confuse the heck out of you, I'm sure MsBerta will know. Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release. (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application. (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation. (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act. (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled. (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. (d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. (e)(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date. (2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date. (f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action. (g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. (h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. (i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits. (j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. (k) The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed. (l) The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. [(m) Repealed. Pub. L. 103–446, title XII, § 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.] (n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; Pub. L. 87–674, § 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, § 1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, § 7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, § 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, § 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, § 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, § 104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, § 204(b), Oct. 17, 1981, 95 Stat. 1029

I'm only guessing but I would say the date your hubby filed his claim, DIC maybe different in this type case, but if you win out I think it would be the date he filed but I'm not sure? Ms Berta will know. ..............Buck

yes find out this examiner expertise and what her credentials are. check you ROM in that particular exam..they should be found here on hadit. or wait to see what she said in her report. you can ger the C&P Report a week or so after the exam from VBA Veterans Benefit Administration ,,,office

I went to my VAMC yesterday and out front in the Main Entrance a Vet ha a big sign up ''STOP KILLING OUR VETERANS''

Thats great page about your added time now just just let your attorneys do there work, this could take some time so just go on with your life and supply the Attorneys with any and all information that request from you. I wish you the best ............Buck

Did you get a C&P without a Diagnose for PTSD? Did the VA set you up a C&P for PTSD and other contention that you claim? Usually a Diagnoses needs to be diagnosed before the C&P but I guess its possible to get a C&P from other older contentions? if you never submitted your INT then they should not set you up for a C&P for that just yet? or like I mention maybe I am not understanding your question?

yes it sure would help out to find that information, if they never sent her an explanation or autopsy report would that be cause of error on the VA? what if the ME/ Corner never sent it to the VA? is it is VA duty to assist to get those reports correct?

snow I guess I'm not understanding your question? your intent to file claim is there to add evidence before you push the button for them to decided it. you need to have a VA diagnoses for PTSD, if you don't they will flat out deny your claim for that,. not sure what all other contentions your claiming. Now , if you don't have any more evidence to add to your INT then you should submit it, if this is what your referring to? your quote: ''I read it says intent to claim is there if you are going to add more evidence, I don't have anymore evidence'' I guess there just reminded you to go ahead and submit it? jmo ..................Buck

Great News Wingnut,Congratulations! Be sure and check out all your great benefits! .............Buck

Your Welcome Page, don't worry about missing the show there will be more shows. btw, the 33% that attorney quoted you is a little expensive in my opinion'' but'' DIC Cases I'm not that familiar with/just with regular VA Claims its usually a 20% deal However I heard of Some Charging that much or have a 20% fee and a clause for another fee for extra work they do or had to do...I can imagine a lot is involved so who's to say 33% is to expensive....its just right if you win...but that's a big'' if'' The attorney will have to do a lot of digging and records to look at phone calls & other personal to pay calls ect,,,ect,, DIC Cases as we learn from Ms berta are very difficult especially a case such as yours. you have to do what you believe is right, I'm sure your late husband would want that for ya. You might want to ask Ms berta about your time-line limit? unless you have an Attorney Already? Anything you can do to not let your Limit run out will help. if you can Request an extension or more time to prepare your case? IDK? Take Care .............Buck

Sorry Ms berta, The show was on tonight and it was a dandy DR Bash & Att John Dorle were on and Dr Mark Worthing Called in & They all had a great discussion, I sure wish Page 1006 could have called in ask about her claim and about what Attorney to help with her case. Lot of good information was passed on tonight with Claims, Mark talked a bit about Sleep Apnea, and him and John and Dr Bash was just full of Information tonight..I bet they missed you calling in, Alex was not on tonight hope he is feeling well? Jbasser and Jerrel Had a great show the hour went real fast, there going to get Dr Mark Worthing to come back as well as Dr bash & Attorney John Dorle Be sure and catch the show later in the archives. ..............Buck I thoroughly enjoy the show tonight.

Does it make any difference being a NSC? A lot of us Vietnam Veterans sure messed up , when we got hurt we just sucked it up and never went and recieved medical help back in those days, I fell off a Duce &Half front bumper landed on both knees, I got some pain meds from the medic but it was never log down, but my knees turn blue & purplish for about 2 weeks and I was in a lot of pain but I just endured it...if I had known then what I know now hell yes I'd reported it. Now years later I have arthritics in both my knees , I believe that's why because of that but can't get it service connected, most of my buddys from back then have either passed on or I can't find any of them so no proof my word only and with the VA that's not good enough...Hell who would think to take a pic of my knees eh! Reason I mention that about a pic? I took a pic of one of my unit awards from Nam that was not on my DD-214 and submitted that and the VA used it as part of my Vietnam service to place me at a certain Hostile Area in Nam that also was not on DD-214 It has my full name ,rank an unit/company engraved on it. many veterans that are disabled today that can't get an award or claim S.C. because we never reported a lot of shi** that happen to us over there. is a crying shame ........Buck

page 1006, Yes click on Ms Berta link and it will take you to the Hadit Podcast just click on the topic for 5-24-16- 7:00pm eastern 6:00pm central and wait a few seconds and click 1 call in and talk on the phone if you want to and ask questions any question & like Ms berta mention you can always go back and listen to the show. Also for future reference Ms T has put up a ''podcast'' link inside the ''DashBoard'' on the left side of the hadit screen with all the links to hadit Note: Some times its easier to understand things that is said to us to where we can understand it a lot better than reading in a post or email because things can be quite complicated with the VA Such as your Case. These wonderful people are just like family. jmo ....................Buck