cloudcroft

Maybe, even compared to lots of "normal" people let alone us "mentals." But then again, it's only PART of the exam, isn't it. And just because someone may have serious MH issues, that doesn't mean his/her memory isn't very good...THAT particular brain function may be okay and unaffected. But that alone -- recalling 8 out of 10 words given -- doesn't disprove any OTHER mental health issues. Besides, you shouldn't "act" (casting-call auditions) either this way or that, just go in there and be honest/answer truthfully. If you can remember 8 out of 10 words, that's what you needed to do. So don't second-guess yourself now. Just get a copy of the C&P exam as soon as it becomes available and see what the doctor wrote down about the issues you went in for...THAT's the really important stuff. Good luck, -- John D.

Well, we Chapter 61 retirees have been getting "the short end of the stick" for decades now. -- John D.

...not to mention the embarrassing STIGMA that still accompanies anyone, vet or non-vet, who has received the label of "mental disorder." It's 2007, but more like the Dark Ages in that respect. -- John D.

Dole the politican (not his military service) is a pathetic individual. Known as a "Great Compromiser," ANYthing on the table was fair game for compromising it away or watering it down, whether the issues be VA benefits or US Constitutional civil rights. Frankly, anyone can compromise...what's so great about that? But it takes real convictions to stand for something. Dole doesn't have that. And as has been said here before -- partly due to the "new and improved small all-volunteer military" vs. a draft system getting everyone into military service for at least a few years -- vets are a very small minority few politicians will care about. Heck, many don't even care about the ACTIVE duty military, let alone vets. -- John D.

Yes, when I was in the process of my claim, I also thought I was getting the runaround, too, and that the VA was just trying to save money by denying me. But I wasn't sure how much of that was actually the truth and how much was due to some possible desperation and/or a paranoid reaction on my part (real or imagined). As it turned out, maybe the merit of my claim was not as "obvious" as I thought it was. Even so, it was also true that had the VARO gone by its own regs, I would not have had to go all the way to the BVA. So it was probably both our faults. But was there some "dark conspiracy" involved here to make me wait that long due to arbitrary denials along the way? I can't say there was. I know it may still seem that way to some of us, maybe even a lots of us, that the VA is out to "jip" vets in order to deny them of any benefite due (not including the false or no-merit claims, that is, which SHOULD be denied), but I believe the delays/problems are mainly from the overwhelming workload/backlog, inexperience of new VA employees, not enough VA employees to meet present needs, and some degree of flat-out error re: decisions...rather than any planned, official or unofficial VA policy of "screw the vets." And until I see a smoking-gun memo that someone smuggled out of some VARO or VA-HQ saying there really IS such a policy -- probably from the top (i.e., the White House or the Secretary of Veterans Affairs) that orders all VA employees to deny rather than grant, use delay tactics so the vet gives up or dies -- regardless of the merits of the case or deny in order to save money -- then I can't presently believe there is any VA conspiracy against veterans. Screwups, yes, but not any deliberate policy to mess with vets. Now if such a memo ever comes to light, then I will be first in line to nail the SOBs against the wall and the "leadership" responsbile should be jailed...but it's been DECADES now that these "VA misadventures" been going on and no such memo of any such "dark orders from the top" have surfaced. So I have to believe it's just the whole PROCESS -- claims process, claims backlog, employee training & experience, VA getting funded properly, etc. -- that is the problem, not that the VA is really out to get vets. -- John D.

JENNABEAN, If you think I was using "harsh words" and my response was not helpful, then just disregard it. What do I know anyway. I also will refrain from responding to your posts further so there is no future misunderstandings or confusion. I'm not here to hassle other vets, but I AM here to tell it like it is, and any of us vets here who have been through the claims process -- whether the claim was won or lost -- can do that if he/she wants to. And believe it or not, I DO try to be civil: If I really were using "harsh words," you'd definitely see the difference. And posts that are not of the "warm and fuzzy" variety can be just as helpful as posts that are. I usually tell people what I believe to be reality, which may or may not be what they want to hear. That does not make me "harsh" or unhelpful but in this case, since it's YOUR thread, YOU are the judge of that. Sorry for any minunderstanding. Good luck, -- John D.

Disagree with whom? Me? That's fine, but don't take my last sentence out of context. I didn't write all the rest of the post for nothing...or did I? -- John D.

JENNABEAN, "What happens when I refile? I didn't even notify them when I got married in June because I figured that would hold up the process if I did a name change on them. Will I have to wait the 6-9 months again? What do I do as far as my finances during that extra time? My savings has been depleted over the past 10 months and there is no end in sight with these people. Is there some sort of financial help for vets in this situation? How do I make sure they are working on the claim this time when I file? I called all the time with the first claim, and it didn't make anyone work on it....I am so confused!" -- JENNABEAN I have not read your case details, I am just giving some claims-process-advice here re: a "lost claim" and what to do now, as per the questions you ask above... I'm still not convinced that your claim REALLY IS lost...just misplaced and in someone's office or on a shelf somewhere, but not actualy lost, i.e, MIA and never to be heard from again...despite what you've been told by assorted VA people of dubious reliability. But if you can not wait any longer, get someone at the local VA Benefits Office (at your local VAMC, go in-person if there is one in your city) to give you a written statement that they "never received any claim" or that they "can't locate" any such claim (date-stamped of course) and keep it for your records. Then refile your claim, INCLUDING THE VA STATEMENT (a good legible copy should do for now; keep the original) for the record in your "new" claim. But in YOUR statement filing the "new" claim, make it clear that you are filing it because your original claim filed (give date) "appears to be lost" because no one you call at the VA/VARO can find it no matter who you talk to or how many times you call (get people's names if possible along with date/times of calls you make). So consequently, you presently are acting upon the reasonable conclusion that your orignal claim may be lost and rather than waste any further time getting your issues resolved, you are filing THE SAME CLAIM again...in case the original claim is not found later. [but I have to add, 6-9 months is not really that long re: waiting times for the VA. The "we can't find it" BS is disturbing, but the wait time is par for the course. So if you lose 6-9 months already, re: VA waiting times, it could be a WHOLE LOT worse] Saying something like this will relate this "new" claim with the "old" original (and "lost") claim and doing so in no uncertain terms, so the VARO later can't say you it's NOT related (if they argue your EED if your original claim DOES show up later). That is, if the original claim IS found eventually. If it NEVER is found -- and you can't PROVE you filed it (no date-stamped submission records of any kind), it's just your word against the VA's and with no proof you even filed, you will have to forget any EED the original claim would have gotten you and just go with the EED the "new" claim filing date will get you. But in light of your present situation, the EED issue is the least of your worries NOW because you need a claim SUBMITTED and BEING WORKED ON (in line with all the hundreds of other claims also in line, I must add). I'm just saying that you will face the EED issue at some point (we ALL do) down the road, if the orginal claim is found, and it can be shown the VA DID receive it but "lost" it for all this time, you should be able to get a EED set to said ORIGINAL claim, not the "new" claim. It may have to go all the way to the BVA if the VARO still argues this point later on, but you should prevail in the end. If you do NOT have this proof, and the original claim never turns up later, you'll have to write it off. As for facing finaicial difficulties, lots of vets are in the same boat...that's how it often is and you'll just have to find other means to survive the time period it will take to eventually win (I assume you have a good case and WILL win; as I said, I have not looked into the merits of your claim...but it wouldn't matter much if I had because I am no expert anyway). So financial problems while waitng for a VA decision afflicts thousands of vets almost enough for it t be the rule rather than the exception. You just have to make it somehow. Sorry. And you can't "make sure" VA employees are working on your new claim -- it goes from place-to-place, person-to-person...slowly...that's also how it is. As I have stated earlier and continue to state, vets filing their first claim need to be emotionally/psychologically prepared for a 3-5 year process UNLESS everything goes right for you from the get-go. Any denials and the time gets longer instantly. If you can't hang in there (persevere) that long, you aren't going to make it. Again sorry, but that's also how it is. Many vets give up early on, or, at the first denial decision. So I hope you have a date-stamped submission record fo your original claim. If not, still state you are filing THE SAME CLAIM AGAIN in case the original claim shows up later. You either have to have the proof you filed the original or, the claim shows up later to prove it was filed. If neither happens, you truly DO have a new claim now. Regardless, you have to go on what info you have NOW, so refile....work out the details later...just get it in the pipeline. Good luck, -- John D.

http://www.ptsdsupport.net/ptsd_gafscores.html -- John D.

Sidney, If you stop the appeal -- which you won't win anyway because, even by your admission, it's the wrong issue and, going by the VA's reasons why they wouldn't increase it, I don't see a DRO or the BVA REVERSING that decision, which means more denials -- then how can you lose any retro? You only get retro if you win a claim, not if you lose it. If you think you CAN win your present claim, then by all means persevere. If not, dump it and start over. If you file a new claim for mood disorder, to get it SCed, and you win THAT claim down the line, you will get retro from NOW until you win, however many months it wil take. So you have to decide whether you want to appeal what seems to be the wrong issue and probably get denied all the way down the line (wasting months or years), OR, convince to VA to "switch it over" to the RIGHT issue (so you can keep your EED) and rule on a mood disorder (and send in your doctors statements on same), OR, open up a new claim NOW to get your mood disorder SCed and forget about the somatic brain injury issue. Your choice. Good luck, -- John D.

luvHIM, I hadn't heard this before...thanks for the input. Certainly something to consder. -- John D.

Not seeing the exact words you used when you submitted your claim for a rating increase and going by the little info you give here and what the VA said in its denial letter, I assume that you have no SC for any mood disorder. Consequently, since it isn't SCed, the VA can't increase any rating on it, because it "doesn't exist" yet. Or they just misunderstood what you wrote/asked for...I don't know. Maybe I am misunderstanding you. As for the brain injury, they have rated you at 20% (originally 10%) which is as high as they can given what the criteria is for anything higher, so this is a dend end. As you probably have concluded then, your best route now is to develop a mood disorder claim. Consequently, if you haven't gotten any mood disorder SCed yet, you need to do so. Assuming you do NOT have any mental (psychiatric) disorders SCed yet, file another claim for that now and state whether you are (1) claiming it as secondary to the brain injury or, (2) claiming that it developed from some other cause...while in the service, of course (not before the service or after the service). After you get the mood disorder SCed (what exactly it's diagnosed as remains to be seen), even if it's only 0%, then you can seek to increase the % later on. But the brain injury issue is closed IMO because (1) the VA is treating it as a physical disability and that's all you'll get for it and (2) you wanted a mood disorder ruling anyway. So why appeal it because it will be appealing the wrong issue and just continuing the confusion? I would say ask for a reconsideration, if it's just a simple misunderstanding, but if you have no SC for a mood disorder, you need to get that first. Good luck, -- John D. P.S. As usual, it took me so long to write my response that "Time" responded first, but I'll let it stand anyway.

"And believe it or not the doctor never asked me one question her whole report was based on my narratives." This can be a problem, but glad it worked out for you. -- John D.

I especially enjoyed reading this part: "Individuals and their conditions will be reassessed every three years." -- John D.

You're welcome. But be advised the VA may say he is causing his own problems due to substance abuse (alcohol and/or drugs, self-inflicted) so be ready to deal with that point. Good luck -- John D.

I would think that combat would, too, and therefore be SCed -- I mean if that doesn't change you, I don't know what would. So much for soldiers from the SandBox combat zones (which is like the RVN, i.e., the "combat zone" is everywhere in that sorry hell-hole) getting kicked out for "personality disorders"...or are they called "adjustment disorders" now? -- John D.

I was led to believe that there WAS a time limit...my BVA hearing was only the first one of many my judge had to hear that day. -- John D.

Cowgirl, No, 1978 is just the date I was medically-retired (with 30%) from the USCG, not the date when I worked last. I had been in undergrad and then grad school for the early part of the previous 10-year period the SS people looked at, and "working marginally" after I graduated from grad school for the latter part of that 10-year period, so I just didn't have enough SS quarters to qualify for SSDI. Being in school full-time I wasn't working at all and when I got out, I only worked "marginally." That "dry spell" ate up most all of that "rolling" 10-year period SS looks at. So I guess my original response to the OP in that other thread stands: "Yes, it is true." :-( Thanks all, -- John D.

Thanks for the info... That helps you over your working life re: your SS earnings, but how does military service 30 years ago help if the SS people only look at your prevous 10 years? I'm still not getting it. As I said, I was turned down for SSDI when I applied for it a few years ago because they said I hadn't enough quarters the previous 10 years. So I didn't pursue it further. My last military service ended in 1978. -- John D.

Pete, "Also Most Veterans are entitled to a credit for each quarter worked when they served." Even if that service was 30 years ago? -- John D.

I agree, the VA should pay the bill...they only add insult to injury now with this BS...don't let them get away with it. -- John D.

Yes, it's probably true. Even a SS lawyer can't help with that...it's the law. I'm sure there are a number of vets in the same boat: They haven't worked for years -- or they worked only marginally -- so they haven't put in the quarters (SS $$) during the 10 years previous to getting TDIU from the VA (which has no such requirement)...so they don't qualify for any SSD (I guess SSA is the same). I'm one of them. It's a Catch-22: You can't work due to your disabilities -- so naturally you aren't putting in any SS $$/quarters -- so you don't get the required quarters in to qualify for SSD, but you couldn't get the quarters to qualify because you couldn't work due to your disabilities...what SSD is supposed to compensate you for. So, you have to have been able to work ENOUGH quarters (putting SS $$ in) for the previous 10 year period to qualify for SSD, but if you work TOO MUCH you won't get SSD or even TDIU. Gotcha. He might try for TDIU (if qualified), get his VA disability rating increased if he is already rated, or GET a rating if he doesn't have one yet (along with getting SCed for it of course)...but SS is probably out of the question. - John D.

I don't think anyone here, including yours truly, could predict what the BVA will do or how it will rule. How could we? Yes, the BVA will consider all your evidence. Your claim is not "sealed" until you get to the CVA level where no more evidence is allowed to be submitted. At the BVA level, submit/state everything you want them to consider! Even if it's evidence the VARO hasn't seen yet, for whatever reason. I would suggest that you take a written statement with you, read the statement (if it's not too long) so that it is included in the video record, state that you are then sending in the same statement in writing right after the video hearing (submit it to a VA Benefits rep who is probably down the hall) so that it will be included in the written record, and of course, getting it date-stamped and a date-stamped copy for yourself. EDIT: If your written statement IS pretty long, just make a verbal statement at the hearing saying that due to time restraints, you won't be reading the whole statement presently at the hearing but will be sending it in directly after the hearing...that way you will have it stated in the hearing record that you're sending in a written statement (evidence) in case they later "lose" it, and there will be proof in the hearing record that you DID have something written to send in to the BVA (get the NAME of your hearing's BVA judge and make sure his/her name is on the document so it goes to the right judge...mark it ATTN: ________ and even your case # if you have it). But of course, be sure to verbally bring up your main points contained in the statement at the hearing so they are in the hearing's video/sudio records also. [be advised that when they do a written transcript of what everyone says at the video-conference-hearing, it often is full of typos becuse the person doing the transcript can't understand some words from the audio and just guesses at what the word is, its spelling, etc.. Consequently, said transcript probably won't be 100% accurate in that sense] After the statement, then be prepared for questions...and making a closing statement at the end. If you have a VSO, he/she (usually a VSO rep located at the VARO rather than one in your locale) should be ALSO at the meeting (via 3-way video-conference) and may ask you some questions to answer for the BVA judge in order to get the important points covered (but if like many VSOs, he/she just glanced at your case and doesn't know it very well...so it'll be UP TO YOU to bring up important issues/agruments lest they be overlooked). Also, the judge may ask some questions, maybe not. You will be asked then if there is anything more you'd like to ask or say...if so, then do so. If not, make a closing statement outlining (restating your points, but don't reread the statement, just cover the points briefly) your main arguments why a BVA decision should GRANT the claim. Repetition of your main arguments is good so it is clear what you are arguing and so it can sink in. If you DO have a VSO, a rep should telephone you the very morning of the hearing (yes, they wait until the last minute...not cool IMO) to speak with you about it...you can ask some questions of him/her at that time. If you DO have a VSO and you do NOT hear from anyone prior to the hearing, get a new VSO because you SHOULD have heard from someone prior to the hearing and not be left hanging and facing the BVA judge by yourself. But even if you DO face the judge by yourself, remember that the BVA level is NOT ADVERSARIAL and it is an informal/fact-finding session, NOT a courtroom-type setting (like the CVA is), so try to relax and not get stressed out over it. The judge is not going to cross-examine you like some hostile witness or something. At the BVA level, it's still "vet friendly" if you will, so just make sure you cover ALL you need to in order to get it into the audio and written record...and don't worry about a hostile BVA judge...or a no-show or incompetent VSO. Good luck, -- John D. P.S. Yes, a REMAND is likely...the BVA remands LOTS of stuff back to the VARO. But reamnds can often turn into wins back at the VARO, too, so don't be too concerned about a remand. Remember, the BVA can grant, deny or remand. If you have multiple issues, it can be a combination of those three: Some parts get granted, some denied, some remanded. The odds are still in your favor because a grant is a win (of course), a remand often turns into a win later on at VARO (if not, you can STILL APPEAL IT back to he BVA), so that leaves a flat-out BVA denial as your MAIN problem. But then, you can appeal even a BVA denial...to the CVA. -- JD

Spanky, I am only addressing the wounds issue, not the PTSD. Whatever else you do, I suggest you write a letter to Senator Durbin about this immediately. You don't beed to worry about it "slowing down your claim" because you really don't have one yet because you're trying to determine what to do NOW re: an earlier decision getting wounds SCed from a claim closed in 1978 (if I am understanding it right), so just send off the letter right away. Personally, I prefer to "shotgun" my efforts, i.e., have several things going at the same time -- several simultaneous attacks if you will -- rather than doing one thing at a time, waiting for results, then trying something else. This wastes time, especially for vets who may not HAVE a lot of time. In your letter to Senator Durbin, keep things clear, plain and very simple: 1. State that your husband received combat wounds while on active duty in service in the RVN and he has the Purlpe Hearts to prove it (and probably entries in his SMRs so mention that also if the SMRs show treatment/hospitalization for the particular wounds in question, i.e., those wounds not yet SCed). [iIRC, wounds that have no residuals NOW would not have any rating other than 0% but that's all you want anyway] 2. Despite this, the VA has SC-ed only SOME of said documented wounds, not ALL of them as would have been the CORRECT decision. Consequently, the VA erred in its original 1978 decision to SC ALL these wounds. 3. Also admit that the erroneous [i like to repeat certain words for clarity and association in the mind of the reader] original 1978 decision was, for whatever reason, not appealed and so the claim was closed and the said erroneous decision was therefore made permanent. Still, it was a WRONG decison then becasue the VA DID have the evidece to decide it correctly but failed to do so. 4. Ask Durbin to get a clear answer from the VA why it did not SC ALL your husbands wounds when it had the Purple Hearts and SMRs proving ALL the wounds were received in combat during active duty service in the RVN. Why were SOME wounds SCed but others NOT SCed? Any reasonable person would at least find this contradictory or arbitrary. Make a brief closing statement, scan and save a copy for your records, and then mail it off ASAP. The lack of an appeal back in 1978 hurts your case big-time because the claim was closed and it's harder to open NOW because of requiring "new and material" evidence...or proof of a CUE back then (as you already know). The claim should have been appealed THEN, but it's too late to worry about that now so you have to deal with the present. So RIGHT NOW I would send that simple one-page letter to Senator Durbin to start the ball rolling there and, not waiting for results with that quarter, try to determine if what the VA ALREADY HAS -- the Purple Hearts and any SMRs re: hospitalization, etc., for these wounds truly IS "material" evidence (it's not "new" evidence but if it's "material" it's enough) then it SHOULD have resulted in a VA desision to SC ALL the wounds back in 1978 instead of denying some of them and therefore is grounds for a CUE claim. I am not a VSO or even close, just a vet, but my understanding is that "material" evidence is evidence that is persuasive enough to alter a decision, i.e., change a denial to a grant. I would think that the "material evidence" -- the Purple Hearts and SMRs -- was ALREADY THERE for the VA to consider in 1978 so why the decidsion NOT to SC the wounds? Sounds like a big error on the part of the VA in that it disregarded "material" evidence...and I sure don't know how the VA missed it if it used the same evidence to SC the OTHER wounds. This sounds like a CUE to me because *I* would argue that had the VA PROPERLY considered those two pieces of evidence back in 1978 -- Purple Hearts and SMRs -- it would have rendered a grant of SC rather than a denial, therefore, it committed a CUE in its earlier decision. Someone correct me if I have this wrong as I am no CUE expert. Whatever, my MAIN point of my response here is to suggest that you send off the letter to Senator Durbin immediately and then keep the pressure on him (call his office at regular intervals to check on any VA responses...get the know the particular Durbin's office staff member you will be working with) to get some answers from the VA which you can then cite in rebuttal if you pursue a CUE claim now or end up at the BVA later on. Good luck, -- John D.

How about citing what you are reading? -- John D.