cloudcroft

"Young incompetent doctors that had to leave the room to talk to a supervisor before a decision could be made." Maybe the young doctors were Interns (the lowest doctor pecking-order) and had to check with a higher up due to "controleld substances" being involved, to get a signing-off on it? Remember "Scrubs" the TV sitcom? -- John D.

I don't know for sure the VA regs permit it -- someone will step in and address the appropriate reg -- but I would think they do, so I'd say YES, the VARO can decide to award a claim waiting for appeal and if you are satisfied with VARO's decision, that would cancel the appeal because the issue would no longer need appealing (naturally) and therefore be moot. The BVA has enough on its plate -- as does VARO of course -- so an appeal case dropping from the docket would be welcomed...for whatever reason. And the VARO can also win by closing another claim. This is just some common-sense being applied so I don't know if it's relevant. ;-) -- John D.

You're not alone, Josephine...ALL of MY posts require editing, often multiple edits! Too bad a better way can't be found to deal with the "abusers" insead of penalizing the rest of us in addition. Of course, we could just go-ahead and write mistake-ridden posts for everyone to plod through, but it would also make those who wrote it look like uneducated idiots even though we could have done better if we were able to Edit (the other posters who are too lazy to edit their mangled posts are a different story...and I usually don't bother to read them). But it's not just a matter of reading more carefully before posting, some people have other issues -- in my case mild dyslexia -- and I need to take much more time editing a post than I do wrting it. -- John D.

Josephine, Same with my case: Had the VARO (Waco, TX) gone by the regs up front, I would have had everything I was asking for in the first year, not 4 years later and only by BVA order. As for personality disorders, these are very clearly defined...I don't know how one can be "not otherwise specified" as the VA sure does like to label us with something specific...in fact, they pretty much HAVE to in order to rate us, or at the very least to assign us some disability code number. -- John D.

As I have said before, expect a 3-5 year process from the very start (filing the initial claim) to the finish (getting the decision you feel is appropriate). -- John D.

Where's the EDIT button now? I tend to need it... -- John D.

Maybe this bears repeating: A pre-exiting condition that was aggravated while in the service IS compensable...so all is not lost even if you can't prove the condition in question was not pre-existing. But then the VA has to prove it WAS pre-existing if that's what it decides. Also, don't forget about the "Presumption of Soundness" doctrine. If it isn't listed in your service records that it was pre-existing, ESPECIALLY at the time you got your entrance physical and mental exams when they accepted you into the military, how can some physical ailment or mental disorder be "pre-existing?" Except in rare cases, of course, such as when someone had a congenital disease of some kind that was missed but the VA could PROVE it was congenital and therefore it CLEARLY MUST have been pre-existing. But how about other physical ailments that were NOT entered into the medical record at the time of entrance? And how about mental disorders? Is the military going to take a "nut case" into the service? I don't think so. But even if they did somehow, couldn't a pre-existing mental disorder be aggravated in the service? Couldn't a physical problem also be aggravated? Sure they could. So even if something was pre-existing, it can be AGGRAVATED by the service, ESPECIALLY if the aggravation/progress of the disorder/diesease advanced more quickly/severely than it would have had the vet NOT been in the service. In this instance, it's compensable. Of course, it's best to have something that STARTED while in service because that's more clear to see that, but I'm just saying that if something is AGGRAVATED in service, that certainly is SC-able, too. And if it, whatever is is, wasn't entered into the record as being pre-existing, how can the VA prove that it was? Sometimes, when vets hear that something was "pre-existing" they give up. I'm saying maybe they shouldn't. -- John D.

Sorry to say that unfortunately, you have a real mess here to work out. Some of it appears to be related to the "new" evidence you submitted to reopen your case (if I am getting what you're saying because it's hard to follow you) after a year passed by and you had not appealed the earlier VARO denial decision (whether you got their notice of the decision or not) within one year's time. Plus, and as you know, unless there was a CUE involved in the original decision, after the year expires and the VARO hasn't gotten an NOD from you then one's case is closed, it's all over and the decision -- for you or against you -- is permanent...unless you have "new and material" evidence to reopen it at a future date. So it just looks like they're going by-the-book re: the deadlines you missed. I know you told VARO to mail things to your Mother's address because you were homeless, but for whatever reasons, the VA says THEY didn't get any responses from you in the required time period, so, by-the-book they decided and then after a year closed the claim. Maybe the VA DID send their denial, etc., to your Mother's address, but for some reason you didn't get them, so both you and VARO weren't communicating. You can't say for sure the VA did NOT send their letters out, like a SOC, telling you what they needed next if you disagree (NOD), etc. What a mess. But what abot the evidence itself? I mean, you have these statements: "...expert Medical examination and opinion was cummalative and ruduant." And this one: "I just dont understand why the judge fail to see that my claim was granted by the DRO to be reopen base on new evidence back in 2004." Neither statement suggests the evidence was "material." I have written about this earlier that most vets overlook the "material" part in the phrase "new and material." Perhaps your evidence was "new" but not "material." Almost any evidence can be "new" (it's pretty easy to meet THAT requirement) but lots of evidence is not "material." Even doctors can write opinions that are not "material," so just because a doctor wrote something, it may not be as helpful as it should be. So evidence not being "material" all by itself would deny reopening your case. I'm not saying YOUR doctors' evidence isn't substantial enough to qualify as "material" -- I don't know, the VA decides -- but I am saying you should be sure that it is if you want to reopen your claim. So again, if I am getting even PART of your situation right, you're considering filing a CUE case against VARO re: the original case how/shy VARO decided as it did. You also my be considering reopening the case since it (??) was closed due a year time-limit being reached. I would suggest that you decide on filing a CUE claim OR getting the case reopened...not both, to keep things simple for now as it's quite a mess as I said. To help choose which to do, pick the one: 1. That you most easily/likely can prove. 2. That will give you the quickest results. Hopefuly, one of these options will meet both of these suggestions. I won't comment on all your evidence because someone else here may be able to follow it all better than I have, but as I see it so far, it wasn't "material" evidence. If it WAS, then you probably DO have a good CUE case. Good luck, -- John D.

Hope she doesn't do that to someone who has a gun and suffers from Road Rage...be careful out there. -- John D.

It may be you can apply for Aid & Attendance, claiming your wife as your care-taker, which would get you some finaicial help but probably not a whole lot. It might also be applied towards hiring someone to help you get to your appointments so your wife wouldn't have to do it and lose time at work. I am not, however, familiar with A&A...I just bring it up here to give you a quick response. Someone else who is more up on A&A can come in and answer you better, but I think A&A might be helpful for you. Also, some vetorgs may be able to take you in their van, or perhaps your city offers some kind of similar "taxi" service. Sorry to hear of your cancer, -- John D.

I have always suspected that the VA avoids ordering MRIs due to their high cost, so it is probably only done as a last resort in order to save VA money. I know that *I* haven't pressed for any MRIs for my back issues because I realize they're expensive and my back problem isn't serious enough for me to insist on one. Besides, I don't want to cost the VA any more $$ than I have to whether it's an MRI or something else. I don't know if that's true on the VA's part -- avoiding costly medical tests to save money -- or if it's just my delusions kicking in again. -- John D.

True, there's a big gap bewteen even 90% and 100%, let alone 70% and 100%. Maybe at some point down the road the VA will decide to "convert" us 100% TDIU vets to 100% schdeular...and we won't have to do anything re: filing more claims to accomplish that on our own. Yeah, I know I'm probably dreaming, but I stayed at the Fantasy Island hotel last night... -- John D.

I haven't been following this closely but if I am understanding you right, you heard something verbal about your BVA decision but have not gotten the actual BVA decision in writing yet? If that's the situation, you should just WAIT to receive the written decision, read it and find out for sure what said decision was. As you know, it will be one of three things: (1) a granting of your claim, (2) a denial, (3) a remand back to VARO...or possibly a mix of these if you have more than one issue being decided. You need to see exactly what the BVA decided and why they ruled that way, not go on hearsay information now. Besides, I don't think you can go to the CVA level BEFORE you're finished with the BVA -- you have to go up the "chain of command" as it were -- so just try to be patient and wait for the written word (which you should get shortly) and then go from there. -- John D.

Robert, I don't know what the political climate will be when you and I are over 65, but I can only hope it is not "Doomsday" for us TDIU vets, even when we are in our 70s/80s. I guess it WOULD be prudent to take some money each month -- if one could save a serious amount of $$ each month to mean something -- and save/invest it to prepare for the future, but at our ages I don't know if we could make enough money via savings/investments in the few years we have until we get to retirement age to live on if TDIU were done away with, or taken from vets who were in the 70s/80s because "they wouldn't USUALLY be working anyway at that age" (although some people NEVER actually retire, and work until they drop, even into their 90s). And I'm sure there are TDIU vets who are sitting on claims they COULD file but haven't because they have TDIU and don't want to file anything new or for an increase for whatever reasons. If TDIU really WERE threatened, of course lots of TDIU vets would file those claims and go for 100% schedular, as you mention, which would add to any backlog of claims the VA had. I don't know what to do myself. I can't file for an increase in my primary mental disability rating -- the disability that got me TDIU -- because I do not at all meet the requirements for being 100% mentally disabled (thank God for that) and I suspect I will NEVER get that bad. So that's out. I DO have a couple of issues I could pursue (10% hearing loss, and GERD as secondary to my primary) but I suspect that even if I won, I'd still not get enough of an increase to make it to 100% schedular. Some OTHER yet unknown issue might come up as I get older I could file for, like some presumptive Agent Orange disease, but who would look forward to getting some illness just to get to 100%? I know I sure don't...I'd rather be a HEALTHY (physically at least) old guy! So at this point I guess savings/investments are the most viable option, but as I said, I don't think I could save enough or make such brilliant investments to have any real money to get me through my 70s/80s or beyond, to whenever it's time for me to croak. Unless I decided to check out early. I guess if they dropped me back to my 70% schedular I could get by on that, but it'd be pretty tough and the only places I could afford to live in wouldn't be that great. Kind of depressing, isn't it. And since my primary disability IS depression, that's the last thing I need. -- John D.

"A lot of Vets got or get their checks then disappear, Uncle will grab your check and stop sending them." SSGMike.Ivy That sounds illegal, let alone sidestepping "due process"...if the vet is still alive and entitled to receive his/her checks, even if he/she "disappeared" to live in another country as some vets do. Can you cite some cases where this has happened? -- John D.

Mike, When I first filed my claim and was a novice in the claims process, I received an unsolicited letter from the Texas Veterans Commission (TVC) asking to represent me. I thought that very nice and accepted, since I didn't know anything about the assorted vetorgs and which were more-effective/less-effective (track records), good, bad or indifferent...although it really depends upon WHO you get -- the individual assigned to yor case -- in any given vetorg rather than the vetorg itself. Unfortunately, I NEVER EVER heard from my local TVC rep again, probably due to being too busy or whatever, so for me the TVC was useless so I wrote them off and handled my own case. They may have been good with other vets' cases but not in my case. [EDIT: And if the local rep was overwhelmed with work, the TVC shouldn't have asked to take my case because that would add MORE work, but since they DID take my case, I expected more from them.] Yes, I won, and got a nice retro, but I did not make any donation to the TVC because I creditied myself for the win, not them. -- John D.

Johnny K., Yes, if you can find a civilian (non-VA) shrink who specializes in PTSD that would be great. Better yet is one Board Certified for PTSD and on top of that, best of all would be one who has worked with combat vets and is VA-experienced. Because PTSD can have other non-military service causes, if your PTSD is from combat service, you'd want a shrink who has dealt with that environment and also knows how to write up IMOs according to VA guidelines. The more suited a shrink is (due to his/her specialization) for whatever your mental disability is -- not just PTSD - AND who has worked with vets before, the better, and the harder it is for the VA to dismiss it. I mean seeing a shrink specializing in children/adolescents, family issues or phobias, for example, isn't really going to be that helpful even though he/she may be a very good shrink; same for a shrink who knows nothing about vets or the VA...unless that's all you can find in your town. Also, keep in mind that some shrinks will not even do IMOs, others will, while even others will do IMOs, too, but will want to see you for a while (x-number of sessions) before they write one up. Ask the shrink about this ahead of time. And an IMO could be expensive: A local shrink here requires a $2000 retainer before he will even see you...he said, "This in case I have to go to Washington and testify before the BVA or CVA" (but I don't see why he can't wait to BE SURE he will have to go before asking for the 2 grand, and besides, requesting the shrink's presence is unlikely anyway). And the famous Dr. Bash is several grand (but I don't know if he does mental issues, let alone PTSD). Otherwise, consider about $300 for the IMO sesson itself plus the actual write-up/report. Unfortunately, a shrink like this -- PTSD specialist/board certified for PTSD/VA-experienced -- probably will be VERY hard to fund in small or medium-sized towns/cities...even in larger cities it may be tough. I expect that in a few years there will be more shrinks specializing in PTSD and vet-experienced due to the increasing number of vets coming back from Iraq. But that doesn't help us NOW. The lack of VA-experienced shrinks is probably the same as the lack of VA-experienced lawyers. VA shrinks are the best way to go if you can find one who is vet-friendly and sympathetic to PTSD issues. Get one who isn't vet-friendly and you're probably in trouble. Good luck, -- John D.

Robert, Just when is IU "going away?" http://www.hadit.com/forums/index.php?showtopic=12394 -- John D.

yoggie and bob, See these threads: http://www.hadit.com/forums/index.php?showtopic=12515 and http://www.hadit.com/forums/index.php?showtopic=11703 -- John D.

yoggie, The same thing happened in the RVN 30+ years ago: "Base Camp Commandos" making uneventful perimeter sweeps around said base camp once a month and ending up with a CIB. Outrageous. "Endeavor to persevere" regardless. -- John D.

Rich C., IF (in reality) your disabilities are that bad and you're only rated 40%, then you got short-changed and you need to keep on pursuing a ratings increase no matter how long it takes. Remember, however, that when dealing with the VA it's going to take a LONG TIME and there's little you can do about it. Just accept that. I used my CongressCritter (CC) at one point and I'm not sure it helped or not, but I pretty much had exhausted all other options so I didn't mind playing the CC card. I eventually won, but I can't say the CC speeded things up or slowed them down (pulling my file out of line to give the CC a response). I guess it depends on the CC in question, how motivated he/she is to help you; mine seemed to be very average in this and therefore not much help to me. Point is, it's going to take a while, and lots of vets have lost house/home and even family due to financial difficulties WAITING for the VA to decide their cases, win or lose. But I guess it could be worse: Consider all the vets who DIE before their cases are decided. Sorry to paint such a rosy picture of the VA Benefits Claims process but that's the reality of it. In the meantime, you need to find OTHER ways to provide what you need while awaiting VA action. If you end up winning, you will get a retro check and higher monthly compensation so it WILL be coming down the line even if too late to help you NOW. If you end up losing -- and I mean going all the way to the CVA (and that will take YEARS from now to resolve if it has goes that far) and STILL end up getting a denial -- then it won't matter anyway. Whatever, you can't put anything on hold now while you wait on the VA so you need to seek other alternatives. Good luck, -- John D.

With 206 posts here, I think you should already know this: The VA moves slowly, it will take as long as it takes, and later rather than sooner. In the meantime, become an expert at waiting and making hundreds of disappointing trips to the mailbox. As for VSOs, if a vet is not motivated enough or competent enough (VA claims process knowledge or mentally healthy enough to communicate well) to handle his/her own case, he/she MUST get someone to help. Of course, an unmotivated vet will likely give up at some point. Otherwise, it is doable alone....lots of vets HAVE gone alone and many have done so after becoming pissed-off at their VSO. -- John D.

What about that labeling certain vets "mental defective" a while back and putting them on a no-fly list at airports? Did that ever happen? -- John D.

JohnnyK, You're welcome. 1. As for the rater giving you 0%, sometimes it's just the particular ratings officer you got...a different rater may have given you something different. 2. At least your foot is in the door getting the 0%...at this point, that's the victory. Now, you continue the struggle...as lots of us have. 3. Remember, most of the time a VA doctor's opinion is given more weight than a civilian doctor's opinion (IMO)...that's just how it is. But don't let that stop you. Even a VA doctor at some point down the road may agree with you or, you can get a civilian doctor who is helpful. Now you must prepare yourself (and family) for the 3-5 year process this may take (this includes the time it took to get this far, from the date of filing your claim to the rendering of the 0% decision). If it takes less time then good for you, but don't count on it. If you aren't mentally/emotionally prepared for the long-haul, you won't make it, and like most vets, will give up. -- John D.