Buck52

My Spouse is filling out a SS questioner they sent her to fill out and return it in 15 days. for her SSDI They (SSA) sent her two packets of questions, 1ST packet is asking her about her disability's how long she had it and why is it disabling her from working...I guess the usual SS standard questions. Some of the questions are hard to answer. (and be totally honest) Here is one of the questions In packet number # 2 1, WHAT DO YOU DO ALL FROM THE TIME YOU WAKE UP TO THE TIME YOU GO TO BED? questions like this is a trap don't you guys think? She is being honest and says I get up, brush teeth, drink cup coffee go walk around outside, change some of my plants out add new potting soil, water them ect,,ect,, come back in do some things that need done around the house, sit down rest,some times during the day I go lay down, watch TV, talk on phone with a good friend She has pain all day long and any thing she does hurts her like cooking, cleaning,... She is stricken with Bone Degenerative Disease and Osteoporosis (BAD) and Fibro,(BAD) and her pain numbers most of the time are 8 &9 Low pain tolerance is 5/6 . arthritis in arms/legs (BAD) & She had Back Surgery and Open-Heart surgeries , she is very limited of what she can do and most of the little things like walking and even sitting she is in pain from here disabling diseases . Some other conditions such as seizures. and take meds for that but the mdes she takes for that causes her face to swell. other complications at ungiven times. How would be a proper way to answer that?& Questions such as these? Thanks in Advance. Buck

I would call the President if I was him...by pass all the other congress people and let the President know how the Veterans are being treated. Its all covered up to the president if he knew about all this crap going on at the VA I Believe he would do something about it, he relies on other elected official's to report to him...and its obviously he is getting false reports. Although I was very surprised today I went to my Appointment Here in Dallas Tx Appointment for Labs 8:00 was in by 8:15 AM...Dr's Appointment at 10:00 AM...Checked in at my Clinic at 9:40 and was called in right at 10:00 AM...First time this has ever happen to me.. even had to go do a EKG and was out by 11:00...and they have a lot of construction going on through out the Hospital..& the Hospital was busy as ever. I just hope the Doc got all my prescriptions re filled I usually check that but today I didn't ask, taking the EKD caught me off guard and I was just so Happy I was out of there by 11:00 Hope this is a sign of CHANGE??? ..................Buck

Seems the VA didn't have so much fuss back in 84...thru 98 When I first started useing the VA working my claim I went to the RO and was treated nice by all the employees back then, if I ask for something they got it...with the exception of my c-file of course! but I remember it was fairly nice back then. Of course things have changed for the worst obviously....its getting now I am sure wondering about the healthcare rather or not I 'll be living the next day after I come back home. I wish Bob McDonald would start kicking ass and taking names and get the system running like its suppose to be run...and most of all I hope we veterans start to get the respect we deserve and stop being treated like cattle and just a No. ......................Buck

Thanks PUREADY I am going to try to do some form of exercise and good diet....I use to love to run before my health I went down I could run 3 miles without stopping now I can't attempt it at all...I will try to go do some walking as my Dr suggested even then I know I'll be in pain and have to suffer but as long as I don't over do it...I should be ok.. Heck the way I feel and look at present I know I wouldn't make the Hadit get together that there thinking about having next year.. you and your wife should think about going! be good to see a lot of hadit members.& shoot the #### Bull! I mostly sit back and try to figure out what all is being said but I've Learn to read lips fairly well. Were going to try to make it. btw I hope it don't take you 6 months to paint your old truck maybe 5 give or take eh! Thanks again .......Buck

Ms Berta I was reading some of the MR-21 PART III Chapter 6 Sec C No 9. Decisions. I am not to familiar with your claim that your having problems with and you was denied? & you Appealed I am not sure what the VA wants you to present to them? are they are not allowing your evidence? and improperly using the M21- Provisions? within your case? This may not have anything to help with your claim '' you mention that in 1997 you had to prove your hubby was SC 100%P&T Could you use this to help you with your claim? or it maybe Irrelevant? but to prove a point!, that point would be they are not applying the M-21 -1MR correctly to your case? I was reading the M-21prevision ... I can't quote the prevision Exactly or the DC's ... I think it was under the ''What the guidelines for listing the Decisions Are'' or it could have been in the Evidence Sec...I can't remember? and I know I am mixed up so don't take what I mention here as to be 99% accurate..k Anyway Some where in the M-21 I Did read in M-21 1MR Under part III iv Chapter 6 Sec C UNDER 11 (a) That may or may not apply to your case? In the M-21 previsions It won't let me copy & paste...it turns black when I try to? I am sure you can beat them using there own Regs because evidently there not applying them to be fully correct for you to help adjudicated with your claim process. So I am thinking they want to play hard ball with there own regs, you just have to shoot the 8 ball in the right pocket using there own table & there own Balls so to speak eh! I will go research the M21-1MR Part III Chapter 6 Sec C. Regs about the decision based on the evidence & hopefully learn something eh! Btw you happen have the DC's list with you do you? (Diagnostic Codes) Thanks .............Buck

I agree with ya broncovet. Solenoid Probative Medial Evidence is always best & speaks for its self so to speak. The problem is after the veteran submits it in his claim...VA tends to lose it or choose to not read it or claim they never received it ect,,ect,, what ever reason it makes it hard on a veteran & Its easier for a rater to send out denials than opposed to gather up all the veterans information and evidence and read it and Award it. .....> And the Appeal begins. If the raters would get it right the first time maybe the backlog of claims would be smoother and sooner. jmo Thanks Gastone...Sure something to think about. PUREADY, I Can't Mow yards any more, not able to walk or stand over 15 20 minutes at a time (R Acute Arthritis) both knees hands and elbows, some times I need help to get up out of a chair its all I can do to muster up enough energy and fight through the pain to get to my VAMC for my Appointments,. these are non-SC Disability's (I choose not to be in a wheel chair) yet anyway. My S.C. Disability's is 75% 80 % loss of hearing with 10% Tinnitus ,My word Decimation is just about as bad as you can get. I am consider 90% loss of hearing & 10% Tinnitus combined rating of 90% but they added the Extra scheduler rating and to award the 100% TDIU. ...I can hear a Sudden Loud Nosie...but regular conversations I can't hear or understand anything. I have special devises for the phone & TV and of course Hearing Aids but the Aids don't help, my Audiologist has mention there's not much they can do for my hearing other than surgery to have ''Cochlear'' Implants....which I refuse to do. This is a big part of my Depression. I've truly gone down Hill the last couple years & gained weight not to bad but I could lose about 50/60 lbs that sure would help I am 6'2 and weigh 250 lbs I Never had a problem with my weight until about 2 years ago or so I always was about 170lbs A lot of things that is said to me I don't comprehend because of my bad hearing obviously and it makes every day living hard to deal with. I don't like to ask some one to repeat them self....I know it frustrate them so I miss out on a lot what is said...I take my wife to the Dr with me so she can hear what's being said.....If I lose her..I'd be up a creek with out that old paddle for sure. I would gladly give a foot or one of my arms to get my hearing back. Its taken its toll on me. Buck

This may not be the right post to be posting this but it does have some relations. I been diagnosed with MDD from my VA Doc .& take meds for it Because I seem to have got into a deep depression because of my Current SC Disability. I stay secluded and just want to be by myself, un-social able & be left alone, never go anywhere , I don't want to be around friends anymore or even family, just blah feeling all the time, thinking that death is not bad and wonder about that & always feeling fatigue and sleep and eat gaining weight not happy at all & my health seems to be getting worse because of it....getting on the computer is all I ever do anymore and of course come here to hadit. I should be happy I have a wonderful family that loves me and cares & also some good decent friends & members here on hadit that has turn into some of my best pals. Since I had this disability it seems to be getting worse and I wish it could be reversed but it can't and never will, I'll have this SC disability til the day I die and knowing that just adds to my deep depression & I have other bad health issues as well..& .so for non-service connected. I'm Just getting older (over 60) and not much to look forward to. File secondary to my current disability?...I thought about it and everyone encourages me to do so but I see no use in it, I get 100%compensation and so for it keeps the Bills Paid & getting my meds from VA I tell my VA Doc everything, how I feel and the things I think about, but in all reality do the VA Dr;s truly care how I/ we feel?? or do they just go through a routine to satisfy the veteran? & keep there high paying job. Depression is treatable with Medication & helps with the chemical reactions of the brain but I don't want to take a medication that just seems to make things worse. Helping veterans helps me feel better and I have chose that as a Therapy. Enough of venting Thanks for reading/listening .........Buck

Thank You & Congratulations. Always glad to hear of a WIN....Enjoy ..............Buck

Thanks Mike great post bud! ...........Buck

I believe most veterans are honest and the medical test & evidence proves there disability. looking into the mirror and asking yourself if your truly owed this rating is a good analogy also ask yourself if you earned this rating. The VA sure don't take the veterans word on it when he'/she says I'm disable give me compensation.... we all know it don't work that way. They probably are some veterans that can beat the system but very few! I never thought about its but probably in the 1% I think it would be hard to cheat on a disability. (How)?? Imo I think most veterans would rather be healthy and work, most of us have degrees before we went into the military or acquired one during or after we got out of the military and we can make more $$ than what we get on VA Compensation. but unfortunately things go south on most of us through the years and most of us that can't work what compensation we do get sure helps . Imo I think if a veteran files for increase to his already disability or a secondary increase. (he/she has that right) & what matters most is the C&P examiner, how its conducted and performed ,the Dr also needs to be Honest! Because there are just some plain ass-hole DR's out there trying to bring down a veteran because they have a chip on there shoulder or a power thing or prejudice & like have an attitude an attitude like>> '' I am the Dr and what I say goes'' ''I don't like this veterans looks I think I 'll just get him reduced and show him 'her the power I have.'' What ever his reason the VA should not bring Dr's like this into the VA & should screen there Dr's better and not bring bias/prejudice Dr's with attitudes into the VA There's so many un- friendly veteran Dr's in the VA like that....Going to C&P exam Dr's that is veteran(un-friendly) The Dr already has it in his mind made up before the exam to try to reduce a veterans rating from the get go. just my Opinion! ...........Buck

I understand the VA is cutting out the 1 year retro issue effective Aug 5th 2015. .................Buck

ArNG11 Go get your report from this exam ASAP,,,Read what the Doc said. ...........Buck

Not sure what your claim is about but don't sweat the SSHearing, there pretty fast just a few questions and your done! like Navy04 mention just be honest and be yourself and relax. Yes the VA TDIU will sure help you out a lot with SSD. ! And TDIU pays a lot more than 1700 especially with a spouse....they pay you 3,200& some change and ....not just your SC 80% Anymore. If you get your SSDA ward along with TDIU you be rolling in high cotton Jack............yahooooooo ..............Buck

I agree with ya pete992, seems it would be the other way around if they wanted to speed up the claims process. that's the VA for ya! jmo ..........Buck

Same for you too rootbeer, just hang in there! your time is coming soon too! ...............Buck

broncovet, After you win and get all your rero you can get a bigger nicer house now than the one you lost & catch up on some of that living! I'd can't wait for you to win Buddy! I know a lot of us here on Hadit will be Happy for you & your family. .............Buck

I'd love to sit in some of those long awaited BVA Cases! Although we can read about the Adjudicated Docketed cases but being there would be exciting to me! As long as it ain't my case! eh! I think broncovet has a slam dunk! its the waiting that takes its toll but just think of all that retro yahoooooooo ......Buck

How would a veteran get a proposal to reduce his benefits anyway? If going to your VAMC and the Nurse or Dr Watch your every move?...how does that cause you to be reduced? Although anything that is said is recorded and put in your MR's So wouldn't RO or a VAMC Dr (your pcp) have to pull your records and see what was said during your exam's? I was thinking the only way a Dr can get your records was during a C&P. Unless its your CPC Doc to get background information for medical purposes. Now of course those at RO can look into them anytime but don't they need a reason? Now C&P exams maybe different They watch your body language so to speak and supposable look at you and examine you & ask questions about your disability...If they think your condition has improved & send the report to your RO then yeah I can see the RO send out those proposals to reduce. but there's a lot more to it than just this they VA have to prove your conditions has in fact improved and not just take the VA Dr word for it. however its important to veteran to rebut this. JMO ......Buck

Great Informative post bronco! .............Buck

Remember, FDC program is cutting out the I year retro issues effective Aug 5th 2015 but rootbeer is safe I think its any claims after that date! ...................Buck

CFR's38 §4.26 Bilateral factor. When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability. (a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment. (b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained. © The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles. This might help! .............Buck

Great Informative Post Ms Berta! I know what you mean Ms Berta, I am far below you and a lot of other top notch die core Advocates here on Hadit , I get on here to read your post and learn form them & have a lot to learn. .................Buck

What if his Dad is on SS but can't care for himself and don't want to go to a Nursing home. My family put a vote to this including my moms vote (as she was still in her right mind) but couldn't care for herself with all her disability's, we decided my sister would care for her in my moms Home, My mom was 88 when she passed away. back in 2009 Age maybe a factor with VA? .........Buck

Oh okay Thanks John.

most oe some of you already know this. I found out on todays Hadit podcast radio show with Jbasser and Jerrel Cook with Dr Bash &John Dorle as the Guest. As I Understand the FDC program is closing effective Aug 5th 2015. so if you have a FDC Claim you wanted to file better file it soon! Actually I think its for filing for EED. jBasser & Jerrel can give more information. jmo ..........Buck