cloudcroft

If they have been SCed already, then you'd just have to file a claim for them, have a C&P, and hopefully, you'd be appropriately rated to the degree they are disabling. If disabling enough, you'd get more than 0%/10% and probably the VA would pay for special shoes for you every so often. Good luck, -- John D.

That's good news, that it's not cancerous, but remember more than 90% of them are benign...which is also good news to those who have them. As for whether they can be GW related and therefore SC-able, I don't think there is any conclusive evidence they are and so proving otherwise will be extremely tough and eventually unlikely, mainly because other vets not even over there in the SandBox (SB) can have them, too. So how to prove that YOUR particular nodule was from being there. IIRC, I read something about SB vets having only a slightly higher level of Thyroid problems than non-SB vets...I suspect that's just not convincing enough for the VA. I don't know how common it is among GW vets, but if I had one and wanted to get it SCed, I'd do LOTS of research on it, become the best "expert" I could about Thyroid Nodules, and then be able to give a better answer, AND judge my chances for success were I to file a VA Benefits claim to get it SCed. If the nodule was benign, however, the rating might be only 0%. If it became cancerous later on, of course the rating would be higher. If operated on and removed, then only the residuals would be rated. Regardless, I don't see a very high disability % rating given here even if it were able to be SCed but that's just IMO. As with the AO issue from VietNam -- it took a LONG time to get enough evidence to show links between AO (dioxin) and certain ailments -- maybe in time GW vets will have the links they need as more medical evidence becomes available. But as with us RVN vets, you'd have to live long enough to get the benefit. -- John D.

True. But remember, shrinks first and foremost are medical doctors rather than academics, and shrinks go through a LONG period of medical training (internship/residency), way more in time and type of training than a Ph.D. does. I would use Ph.D. opinions is a supporting role to my main MD/DO IMO(s). So the main goal would be seeking out an MD/DO for at least ONE IMO, if not more than one....unless I couldn't get an IMO that is FAVORABLE to my claim then I would think I just didn't have a case of enough merit to continue with it. -- John D.

JohnnyK, I think your worst battle is over: It took you two years just to get SC but you did...and even 0% is good, too. Because PTSD usually only gets WORSE, not better...so NOW it's "just" a matter of getting your rating raised (as you know). But the SC was the hard part. I believe the VA gives more weight to an MD or DO (psychiatrist's) medical opinion rather than to a Ph.D.'s (but these ALSO will help as supporting evidence to the main IMO)...so look for an MD/DO and one who (hopefully) specializes in dealing with combat vets/PTSD issues...a specialist in the field (PTSD) would have the most weight over a "general practice" shrink but they are RARE...but still, get what is available. Try to find a shrink who AT LEAST has dealt with vets before even if it's not his/her speciality. And if you DO get an outside medical opinion, be sure to print-out and take with you -- for his/her reading pleasure and enlightenment, and in order to write an IMO in VA-Speak that will be acceptable -- the appropriate PTSD C&P Exam guideline. Preferably, get the guideline to the doctor BEFORE seeing you so the doctor has time to read through it so he/she can ask the appropriate "VA format" questions, etc....be sure the doctor understands the VA is pretty demanding in what it wants to be sure the guideline is covered. And don't forget that the all-important "rationale" for his/her opinion must be indluded. Good luck, -- John D.

y#5, [DISCLAIMER: I have no medical background so I can't say what doctors may or not say. Sorry...I tried, but wasn't smart enough to go to medical school] Well, the main thing you should be concerned with right now is not what anyone of us say here but what a VA doctor's (probably the C&P examiner...hopefully a doctor but might be a NP or PA instead) opinion is, I mean getting him/her to render a medical opinion that "as likely as not" (those magic words) your symptoms are caused by your GW service. Due to the lack of conclusive medical evidence re: "GW Syndrome," the opinion "as likely as not" may be the best you will get. If you do, consider yourself fortunate. The doctor will, of course, have to give his/her rationale for that statement...hopefully, said doctor will be up on current medical-community opinion re: GW issues and can cite appropriate medical studies on GW ailments to support his/her words "as likely as not." Maybe all you can hope for is the balance tipping slightly in your favor, or at least relative equipoise. [EDIT: Correction...For the record here, the correct phrase is "more likely than not" which would indicate the doctor thinks the evidence tips in the veterans favor even if only a little bit, i.e., greater than 50%. "As likely as not" would suggest a balance, 50-50, which technically-speaking still would be good since this may allow the Benefit of Doubt doctrine to be applied IF all the other evidence is also balanced. Although I found the phrase "as likely as not" used here (http://www.ejnet.org/rachel/rhwn212.htm), which seems to justify its use as I originally meant it, in the paragraph where it says: "The conclusion that these illnesses are "at least as likely as not" to occur from Agent Orange exposure is important within the VA because the VA's rules for compensation require a finding that a disease is "as likely as not" to occur from a chemical exposure before that disease becomes compensable." ...I believe the usual phrase is "more likely than not" as it is found used much more often in VA cases and indicates a more than 50% chance in favor of the veteran rather than a 50-50 balance. It's still an educated guess though. Sorry for the confusion.] Sometimes, especially when a disability is still in controversy -- as these "undiagnosed" GW issues are -- it comes down to an EDUCATED GUESS because doctors just don't know for sure. As for some of your symptoms being related to GERD, some may be but others may not be: I have GERD myself and experience no nausea for example. And some ailments have similar/shared symptoms. So don't do the VA's work associating these symptoms to GERD instead of to GW service and deny your own claim -- the VA doesn't need your help in denying you but they will certainly appreciate your efforts and most likely will cite your comments as evidence against you in their denial letter -- do your research on BVA and CVA cases re: GW vets with these issues and see what the BVA/CVA say about them, and even though this "undiagnosed" GW medical issue is still controversial and the DOD /VA won't admit to anything about it except deny...until it has conclusive medical evidence to the contrary...which seems only fair if the VA is honest about also being fair to veterans. Even if the BVA/CVA ruled against the vet (such as this case for example that I happened across accidentally: http://www.va.gov/vetapp03/Files/0314800.txt where the vet lost SC but there's STILL information in there re: these issues). Cases where a vet wins are the best of course, but you can learn much how the BVA/CVA reasons even if vets lose because the BVA/CVA will cite/analyze medical evidence and determine if it applies or not; you can judge your claim against these. [DISCLAIMER: I am not nor have I ever been a VSO so this also is just IMO] What VSO to go with? I don't know. I had a state VSO -- Texas Veterans Commission (TVC) -- they were next to useless. I had to go it on my own, mainly because once I had chosen a VSO, other VSOs would not accept my case because I had not gone with them right up front. How was I supposed to know all that when I started and being ignorant of the process, what VSOs were good, bad, indifferent, etc.? Go see a few VSOs in your local area...see if you like how they come across, if they seem competent or not, or even care about vets or not. Then choose the one you feel best about. Even the so-called "good" VSOs have some lazy jerks working for them sometimes...you can't really be sure, so just go on your gut feeling re: their competence and concern for you...or lack thereof. Even if they prove to be useless later on, you can dump them and go on your own...but likely no other vetorg will take you because you started with someone else. As for your "GW Registry," I don't know what it is all about. Many years ago, I did the AO Registry myself which may be different nowadays. It was just a physical looking for then-known AO caused ailments (and I suppose more statistics for their AO database). None were found at that time. That's the last I have heard of it. The "registry" did nothing else for me and maybe it wasn't supposed to. I suspect your GW Registry is the same so don't expect much from it and you won't be disappointed. Okay, so you have all these symptoms, still, you need a doctor to verify you HAVE said symptoms, their degree of severity, then to render a medical opinion such as they are "as likely as not" [EDIT: "More likely than not"] SCed. Especially the cervical issue. But you have to face the possibility this will not happen and you won't be able to get any doctor to state that the cervical issue, especially, is more GW related than to any previous injury. That may be a real tough one. [but hopefully, you won't be like the guy who's wife had to provide pictures of her husband over in the Sand Box to prove he was actually there because his military records did not! Incredible! But that's another topic...] So do you really think you have a good case or not? If so, go for it, if not, forget it...or wait until you DO have a good case...which may mean finding more persuasive medical evidence. Basically, it's that simple...and true for the rest of us whether we are GW vets or not. From your posts I think you tend to over-intellectualize over this, I mean you over-analyze everything to the point of almost inaction. Sure, it's good to speculate "what if the VA does this" or "what if the VA does that" -- as I have said earlier, you DO need to have Plan B, Plan C, etc., for whatever they VA does at any given stage of the process so you can react appropriately and continue your claim without delay -- but you can also "ruminate" yourself into inaction and contribute to your own confusion and complicate your own case. So take things simply, partly by taking them in simple steps. File a claim for SC for all those symptoms as part of the GW illness or whatever it's called. When you see the C&P examining doctor, and since we don't know exactly what will take place -- exams done/questions asked -- just play it by ear. What you think the doctor needs to know/consider tell him/her. [You must have been through this before since you already have a 50% rating so you know the ropes so I just restate them here] Afterwards, get a copy of the C&P and note any mistakes and such. Wait for a decision from VARO because you really can't do anything until then...unless you want to ask for another C&P ASAP if the first one is really off-the-wall. But you can't file a NOD until after you get a decision and SOC. While waiting for the decision from VARO, plan what you will do about any errors or misrepresentations you saw in the C&P -- or, how to rebut the C&P if it seems to be against you -- should you get a denial from VARO. If VARO grants your claim, game over (usually). If not, file an NOD, addressing the reasons why you were denied. Basically, it's the same we ALL have to do, just our individual disabilities and what it takes to prove/SC them are different. Good luck, -- John D.

y#5, Oil fires and nerve gas agents are two things we old RVN vets didn't really need to worry about, unlike newer vets and especialy Gulf War vets. [EDIT: Oops...forgot about Dioxin...AKA: Agent Orange. But I think you guys had more serious chemicals used over there...I mean, I don't recall the VC or NVA using nerve gas on anyone or having such weapons to use. Besides, AO was "friendly fire" and not from the enemy!] You also should be keeping up with forums such as this one: http://www.gulfwarvets.com/ubb/ultimatebb....ic;f=4;t=000473 Berta has pointed out the necessity of having a strong nexus whereas this website's thread (above) talks more about symptoms. Good luck, -- John D.

From what I can tell, we "100%" TDIU vets are not included...once again, we lose. Whoever came up with this bill either didn't look into it enough to know about this longstanding discrepency or just decided to ignore it...I'm talking about "100%" TDIU vets. Are they 100% or not? If not, then stop calling them 100% even if it's only because of TDIU. Yes, I know they are not 100% schedular, but that's not my point. This same discrepency re: what "100%" means also hurts TDIU vets elsewhere, as in getting their retired pay or when they will be getting it, for example. It should be made VERY CLEAR what exactly "100%" really means...spell it out in bills like this that it means "100% schedular NOT including 100% TDIU," or, say "it includes both 100% schedular and TDIU 100% vets." But just saying "vets rated at 100%" isn't clear enough in legal terms. Maybe they should just make TDIU vets 100% schedular and be done with the ambiguity...at least those TDIU vets who are also P&T. -- John D.

You're welcome. I just did a Google search. -- John D.

http://www.flicklives.com/Timeline/1967_cal.html It was the 23rd. --John D.

I agree with Jay: It doesn't matter what the diagnosis is for rating purposes when it comes to mental disabilities. IIRC, they all have the same etiology: The mind, and so they -- if you have multiple mental issues -- can't be rated separately...that would be pyramiding. Unlike physical disabilities, all the mental disabilities are "lumped together" and only the most disabling mental diagnosis is stated along with the % given for it. For TREATMENT, however, of course it matters because you need to be treated for exactly what you have, not for something you do not have. But for RATING purposes, vets should not be too concerned about what they are rated FOR re: their mental disability (disabilities). Although I think the VA should be more precise in this -- assign the proper mental diagnosis right up front -- they aren't so that's just how it's done presently. And to be honest, with two (or more) shrinks often giving two different diagnoses of the same veteran, maybe it's just not possible to be 100% accurate anyway. Far from it. In fact, we all know pinpoint accuracy really isn't possible when it comes to psychiatry. -- John D.

Ricky, I am moving to Perfect as soon as I find it...right after I understand how you REALLY feel about the VA...you were not clear about that! Regards, -- John D.

Okay, then adjust your plan of attack accordingly...I'm sure no expert on IBS, nor am I re: mental issues, but am more experienced with the latter and how they relate to TDIU. So I gave more weight to the depression, but that's just IMO. Good luck, --John D. P.S. I suppose you could work from home from your computer (telecommuting). Physical disabilities are more "workaroundable" than mental disabilities. If you're "seriously mental," it "kills" the body and you won't be working at ANYthing, even from home. If you're "seriously physical" then that is not necessarily so and there's more hope for you re: employment. Look at all the things people accomplish who have very serious physical disabilities. Now look at the ones who have the mental counterpart (like me). No contest. Again, IMO. -- JD

Ricky, My appeal to the BVA took about a year to be heard and then another 2-3 months before the whole thing was over (I won my claim, took me 4 years total, start to finish). But I keep telling people, when you file a claim for VA Disability Benefits, be prepared for the long-haul: 3 to 5 years. This is if things go against you. [This advice should be a Sticky...except no one reads them!!] I'm talking about preparing yourself emotionally/psychologically for a 3-5 year process. If you get the decision at VARO that you want right up front, then figure a year to be on the safe side...and my comments here do not apply. But I'm saying the REALITY of a VA claim is that it takes LOTS longer because it includes (not necessarially in order here and some of these overlap): Filing the original claim, waiting for a C&P, you possibly sending in more evidence, more waiting, going to a C&P, more waiting, a VARO decison, you don't agree and file a NOD, more waiting, possibly getting an IMO/IME, sending that and any other evidence in, more waiting, getting another VARO decision, you don't like it, filing another NOD, asking for a de novo DRO hearing, asking for a Reconsideration, more waiting for those results (or you do these things after the first VARO decision -- as well as a second time here -- and that means even more waitng), final VARO level decision not to your liking, file a VA Form 9 and appeal to the BVA, more waiting, getting a BVA decision -- which often includes at least one remand back to VARO (good possibility that ALL items are remanded), more waiting because remands add more time to the process, get decision from VARO after they consider BVA remand, you don't like it and you send it back to the BVA for a 2nd hearing, more waiting, BVA decides, you don't like it, you then appeal BVA decsion to the CVA, LOTS MORE waiting...do you see the trend here? Is there a battle-ribbon for "Waiting for the VA?" There should be. All the above assumes you will be denied all along the process, so that will take the longest, hence the 3-5 year time estimate. If you get what you want sooner, then of course the time estimate will be much less. Still, you have to be prepared for the WORST scenario, not the best one. Someone should have told you to be prepared for the 3-5 years right up front. I was and was grateful because I KNEW it might be a long time (years) and so did not give up because I had a marathon to run and paced my expectations. Also, I had a Plan B, Plan C, and so on for each step of the process, so I was never unprepared for a decision against me as I could IMMEDIATELY invoke a backup plan and continue the process without any delay on MY part. If you do this mental preparation from the get-go, you will have enough "gas" to go that long whereas other vets give up...and they do. Lots of them. I even gave up 20+ years ago when I was denied and thought it was all over. Now, I know better. Remember, the VA Claims process is a Marathon, not a Sprint. Run slow but keep running. Pace yourself. Tell your wife NOW that's just how it is! BUT, also tell her the bright side: If you WIN your case -- NO MATTER HOW LONG IT TAKES -- it's kind of like winning the lottery in that (1) you will get a lump-sum check auto-deposited into your bank account and then (2) you will start receiving more monthly compensation. So all that time waiting is like money in the bank each month -- if you WIN. That helped me get through my 4 years, knowing I wasn't losing any $$ each month I waited and there was no VA letter in my mailbox (all those many hundreds of disappointing walks to the mailbox...those were the days), because it was adding up in my virtual bank account each month. You're 80% now, but even if it's not much $$-wise NOW if you win, if your disabilities get worse later on or new ones come up, then it will be. And if you ever get 100% sechedular or TDIU later on, the difference will be huge $$-wise. Now if you LOSE -- I'm talking about going all the way to the CVA and losing -- then those were years wasted, so a vet needs to know he/she has a winnable case and then it doesn't matter how long it takes...unless you're in poor health and can't afford the time. But I'm talking about most cases here, not those. A vet who waits until he/she is 60-70 may not have that much time; younger vets SHOULD have time unless they have a serious medical problem...but these cases can be "expeditied" to some degree, and since we never REALLY know how long we are going to live, if you have a good case, FILE ANYWAY. Just be prepared for the marathon. And more importantly, as the time goes by during the claims process, don't put your life -- or your relationship -- on hold doing OTHER things you need to do. Good luck explaining all this to your wife. -- John D. P.S. In the time it took to write/edit this, vaf posted a reply!

That's good then. SOunds like you got a better deal than I did. As for DIC, I don't know much about it as I have no dependents so I will never need it, but you can read about it here: http://www.vba.va.gov/benefit_facts/index.htm Scroll down the page to "Dependents and Survivors" on the left side of the page and the first entry listed in that section is "Dependence and Indemnity Compensation." Click on that and you can open the document or save it to your computer. ...if you can get past all that Spanish crap on their "new and improved" website. -- John D.

[original response deleted...gave wrong form info] In that case I think you can use VA 21-4138 -- "Statement in Support of Claim" -- to file for an increase for a current disability rating. Someone correct me if I am wrong... But since you're already at 100%, I don't think that may be wise. Just get treatment for the headaches and leave it at that. -- John D.

Cherie33, You will probably have one C&P for sure: the "Social and Industrial Survey" (an interview asking you questions taken from the exam form) and most likely it will be conducted by a social worker: http://www.vba.va.gov/bln/21/Benefits/exams/disexm57.htm But I would expect a C&P also for your disabilities FIRST. IBS alone may not be a reason for unemployability so I think that is irrelevant. The Major Depression, however, IS most likely the reason and so you focus on that, but you will have to get your current 50% raised to at least 70% -- so you will need a C&P for this -- or else they will deny any TDIU claim. Yes, I know that technically you can have no disability rating at all and get TDIU, or a very low rating -- and be awarded TDIU (we discussed this in another tread here awhile ago) -- but in the real world, it happens as often as hell freezes over. Don't count on it. As I have said here before, first get the disability rating responsible for your employment problems RAISED in order to meet the minimum (or more) required, then go for TDIU. You can do both at the same time (use form VA21-8940) BUT the VA will decide the increased rating issue first. If you get that, then they will consider TDIU, if you do not get raised, they won't consider TDIU and deny you that. Good luck, -- John D. P.S. John, you still need to have a valid case...if you don't, you will never win no matter how persistent you are. Ask all those vets who tried for years and still ended up with denials, from VARO, the BVA and CVA. If your case has the required merit, then of course, don't give up. Otherwise, you may be wasting years of your life and all that time/effort would have been more productive elsewhere. -- JD

Send in whatever and all evidence you have supporting your claim that you should be awarded TDIU. If your claim really IS a slam-dunk, there is no sense in not sending in ALL evidence because the sooner they see it all, the sooner they can render a decision. Sending evidence in piece-meal will just confuse and cause delays. This is advice not only to you, but to other vets: If you have it, send it in, don't sit on it "for later." As always, be sure to makes copies of ANY documents you send in to the VARO. With those affordable all-in-one printers available nowadays, making copies can be done at home. Some of these AIOs will do faxes, too. Whatever, take the stuff in to your local VAMC/VA benefits Office and submit them in-person (and get dtae-stamped copies), or, FAX them in to your particular VARO if you live too far away from the VAMC/VA Benefits Office. Good luck, -- John D.

Bill, I hope you have some Life Insurance for your wife... -- John D.

Q, He only qualifies for VA insurance if it is a NEW disability, NOT for one which was currently existing and has received an increased rating or even, IIRC, if he gets TDIU. Don't overlook the fine print. -- John D.

calnight, Volunteer work is a gray area when it comes to TDIU vets, but if you really want to volunteer, go do it. See how it works out for you. Although the concensus in the assorted online veterans forums re: volunteering is NOT to do it as it MAY jeopardize your 100% TDIU rating -- especially if it's keeping regular hours as someone has already mentioned -- I have never seen any posts where a vet actually reported he/she was doing volunteer work, the VA found out (most likely due to someone reporting him/her because of questioning his/her 100% unemployable status if he/she could keep such regular hours and do such productive work) and called in by the VA for an explanation. There MAY BE some posts on one of these vet forums where this actually DID happen to a vet, but I do not recall ever seeing one. And although I haven't researched the archive posts for any such cases, not having seen any in normal reading of these assorted vet forums -- for a few years now -- suggests there may be none to find. I just can't say for sure. So go ahead and do it. After all, you don't have to argue your case here with us for doing volunteer work, you'll only have to argue it with the VA if you are ever questioned about it. BTW, bobbyq was talking about Independent Living (IL), not Vocational Rehailitation (VR). Maybe VR oversees IL (I don't know) -- and so that's why you would have to go to the VR office -- but he was not saying to go see VR to get trained for some type of regular job or anything. You defnitely WOULD get denied VR services if they thought you weren't a suitable candidate...but then again, this VR denial often helps vets get TDIU. Good luck, -- John D. P.S. The VA can be intimidating. I mean legally-speaking, you can actually WORK regular hours each month and earn additional income, IF, that is, you do not make more than the poverty-level cut-off each year (I forget the current exact amount). This is considered "marginal employment" and is perfectly legal -- on paper anyway. In real-life application? I don't know...I've never tried it. Regardless, most TDIU vets won't even risk doing something that's legal (in the VA regs) like marginally working for fear of getting "inappropriate" VA attention. Rightly or wrongly, they feel the same way about volunteering. -- JD

Yes, people may want to do that, or leave some $$ for friends/relatives (outside of a will), $$ available to pay off any sudden finaicial "loose ends" one's estate has...basically, just leave something for the people having to leave their jobs (and take unpaid leave probably) or their own families, travel all the way to where you live (at their own expense probably) to go through all your stuff in order to dispose of it properly...instead of you just dying (inconsiderately, if that's possible) and leaving an apartment full of boxes of your suff and the rent is due soon. I don't think that's cool. Term Life seem to be a decent way to do all this...ON TOP of what you may or may not leave in a Will. Or if you never make a Will. -- John D.

John, Some people don't have dependents -- kids or a wife -- but still want life insurance for other reasons. Yes, dependents still at home (or a wife) is the most common reason but not the only reason. -- John D.

[EDIT: Sorry Red, I just now saw after I posted this (I'm often dazed-and-confused...and no, I am not on meds so no excuse there) that you are 68...but of course, you were not 68 back 25 years ago when you got the policy so I don't get why your premium is so high! STILL, try again shopping around online...maybe your better health than most 68-year-olds will help you out. It may be that NOW, however, at 68 years of age and even in good/fair (?) health, $100/month will look pretty good to you AFTER you get some quotes NOW...don't know but I would start shopping anyway. I DO think 25 years ago when you were 43 years old and got the $100/month deal, you got charged WAY too much, especially compared to what I just got at 58 years old NOW...unless you had some serious health issues back then. Regardless, getting online now and shopping for Term Life -- asking for quotes -- won't cost you anything to find out what you can get, so do it...and let us know what you find out! My best wishes to you finding a good deal. I am leaving this post anyway because describing what happened to me at 58 may help other vets who are also looking for Term Life and are also in their late 50s. EDIT] I don't know how old you are but I am 58, and I recently got a 20-year Term Life policy ($50K for $55.xx/month with Genworth Financial). It WOULD have been $48.xx/month but I guess my height/weight ratio bothered them so they upped the premium $7 a month...I jumped on it anyway. Why? Because when I applied to a bunch of companies online (also with SelectQuote) looking for a $50K 20-year Term policy and I found that only ONE company offered me 20-years: Genworth. ALL the others wouldn't even give me 15 years, they only offered me a 10-year policy...and these companies didn't even have the lab results (blood/urine analysis) that Genworth had done on me. So I took the Genworth offer with no hesitation at all. So I'd say YES, you CAN do much better, probably cut your payments in half monthly. UNLESS, that is, you have some health issue that's costing you that much a month ($100) for only $48K, something's definitely wrong with what you've been paying the last 25 years. I found that when I started looking the concensus I discovered was that a man my age would pay about $100/month for every $100K in Term Life coverage no mater what company I looked at. So already knowing this is what it'd cost me each month -- in my case $50/month for $50K as per what amount of coverage I was looking for -- I went shopping online for Term Life. When the other companies wouldn't offer my a 20 or even 15 years (I guess they didn't think I'd live 20 years and they didn't want to pay off) but Genworth DID offer me a 20-year policy at $48.xx a month, I jumped on it. After some more questions wer asked and they had looked at the lab results done on me, they upped the monthly premium $7. Okay with me. A man in his late 50s is going to have problems getting a long-term policy probably just due to his age. And any excess weight, blood-pressure, chloresterol, smoking, previous heart problems, etc., make it even harder, they won't insure you AT ALL or they will charge you high premiums if they do. I had a bit high chloresterol level but not too high, no blood-pressure issues and I don't smoke -- never did. Do not have diabetes or any history of cancer or heart problems in the family, etc. So try shopping around on the Internet again... As for VA insurance, it's isn't very much coverage at all AND you have to be rated for a NEW disability, not get an increased rating for an already-existing disability, and you have 2 years to apply when you get a new rating. So, if you have some disability you have not yet filed for, AND you don't mind "rocking the boat" opening up ALL your claims for possible reevaluation -- like TDIU, one reason lots of vets don't file claims anymore after getting TDIU -- then you could file for another disability and if granted it, you can then get I believe $10K in VA life insurance...even free, IIRC, due to being TDIU/P&T. Good luck, -- John D.

sjh4951, I'm no expert but this is how I see things (and part of this post is an FYI addressed to vets in general who are beginning the claims process)... Most vets misunderstand the VA's "Benefit of Doubt" doctrine. In common usage as a layperson would understand it, you'd think this concept would apply in lots of situations where the vet seems to have a good case, but IIRC, the VA uses it differently: The Benefit of Doubt (BoD) is ONLY applied to a claims case that is in a state of equipoise. In YOUR case, since the VARO denied you, I have to assume that the preponderance of the evidence must have been against you - at least that's what the VARO decided -- so the BoD doctrine does not apply. Had you won, the preponderance of the evidence must have been for you. Again, the BoD does not apply (it's actualy rendered moot). If the VARO determined that the evidence FOR and AGAINST you was pretty much equal -- with no clear tilting one way or the other -- then a state of equipoise exists and the VARO would have to apply the BoD doctrine and grant your claim. This is the only situation BoD is applied. I tell people that they have 2 out of 3 chances to win their VA Disability claims: 1. The proponderance of the evidence is in your favor = a win. 2. The preponderance of the evidence is against you = a denial. 3. The evidence is in a state of equipoise, BoD is applied in favor of the veteran = a win. So in theory, at least the way I see it, vets have a 66% chance of winning a "well-grounded" claim, a 33% chance of losing. Good odds. But sometimes, since the VARO often does not "cooperate," you have to go all the way to the BVA for a outright win (the BVA determines a preponderance of the evidence is in your favor), or, the BVA sees that a case is in equipoise and it applies the BoD which is also a win. Or, of course, they can agree with VARO and deny you, but that would mean the BVA believes that the preponderance of the evidence is against you. To fix this last situation, you'd need to come up with more and very persuasive evidence. Of course, another possibility is the BAV remands something back to VARO -- the BVA does a WHOLE LOT of remanding -- and often this is a win, too, even though it may take a bit longer because your case is back in the line at VARO....or sent the the AMC which may take even longer. So what I'm saying is although WE use the term BoD in general and expect it to apply in most cases, the VA uses it to apply only in a specific situation. Hopefully, you can convice the VARO your case shows the proponderance of the evidence in your favor -- which would be a outright win at the VARO level -- and your 6 doctor letters seem to be enough evidence to do the trick. Or at least, you can remind the VARO that if your case is in a state of equipoise then the BoD should be applied...which would also be a win for you at the VARO level. If not, you'll have to apeal it to the BVA and hope the BVA judge sees it your way. Again, you have 2 out of 3 chances to win at the BVA, maybe 3 out of 4 chances if you count a remand as a win. Still good odds. But even if you add no more evidence and leave your doctors' letters written as they are, perhaps your letters will be convincing enough at the BVA level -- if you MUST to go that far -- to get a win for you, or at the very least a BVA remand back to VARO ordering them to take a new look at your doctor statements. But as Berta has already said, I would first be sure exactly why you were denied (the specific reasons) and see how you can address them...this is good advice and true in ALL cases where a vet is denied: You address the reasons why you were denied and if you do, that should then be a win (in theory). Also, if your doctor letters are lacking anything, perhaps they can be rewritten to comply with VA expectations -- again as Berta was talking about -- and maybe that will be all you need to convince VARO and get a win now...so you don't have to go over its head to the BVA and take another year or so to get a final decision. As I said, I am no expert and Berta knows more about IMOs than I do (I never had to get one although I DID consider it during my 4-year claims battle), I was just talking about how "legalese" the VA is re: specific meaning/definitions and what they want from doctors, but you can be the same way and use "legalese" yourself against the VA and beat them at their own game. So first look at the specific reasons you were denied -- where your case was weak, incomplete, unconvincing, or just lacking hard evidence -- then see how you can fill those holes and then send those "corrections" in with your NOD. As for your IMOs, explain to the doctors you don't mean to be bothering them unnecessarily, but tell them how "anal" the VA is and that IMOs have to be done in a way that's acceptable (understandable) to the VA...so it's not like you're being bossy telling the doctor how to do his/her job, it's the VA telling the doctor how to do his/her job, i.e., YOU are not the bad guy here, you're just trying to be sure the doctors' opinions are written in such a way that the VA gives them full consideration. If the VARO STILL does not consider them properly, perhaps the BVA will. One final thought: The VA seems to give more weight to a VA doctor's opinion over any civilian doctor's opinion (I think we can thank former President Eisenhower for this concept)...so IMOs are at a disadvantage from the get-go. So maybe your case is one of these. Still, I think well-written doctors' letters would AT LEAST put your case/evidence in a state of equipoise -- in balance with what the VA has to deny you -- if not outright win it for you. Good luck, -- John D.

I agree that you can luck out sometimes in various ways -- like getting a fairly lenient/understanding rater instead of a hard-core rater is one such "luck-out" -- just don't count on it. And if a vet is not very knowledgeable re: the VA Claims process, he/she really isn't in a position to advise a doctor what to write or not write. In that case, I would stick to the VA exam guidelines. So I was just advising to be as solid as you can re: your claims case and rely on that mainly...anything else positive that comes your way is gravy. As for IMOs, I would advise a vet to get the civilian IMO doctor to AT LEAST READ the appropriate (disability-specific to the vet's claim) guideline FIRST [EDIT: Print your particular disability exam form out and take it to the civilian IMO doctor to read, preferably in advance of your appointment]: http://www.vba.va.gov/bln/21/Benefits/exams/index.htm IMO, a civilian doctor who does his/her IMO according to these VA guidelines -- i.e., VA-Speak (similar to Green-Speak) -- makes for a much more solid Independent Medical Opinion and one that the VA is much more likely to accept AND give appropriate weight to since the VA and the civilian doctor are on the same page. And don't forget that the VA is very insistent on a clear rationale for the doctor's medical opinion...an opinion alone doesn't cut it. Good luck, -- John D. [EDIT] P.S. The rationale is most important when a vet is trying to get service connection, TDIU or the like, where a civilian IMO doctor says a disability is service-related or a vet isn't able to work...the VA will want to know how he/she came to that conclusion. And of course, it has to be convincing. Here is an excerpt taken from a brief article talking about veterans filing a claim: "The key phrase in a letter from a physician is that the problem “more likely than not” came from or began during the patient’s time in the service, Howell says." [http://www.gijobs.net/magazine.cfm?id=248] Words like these, phrased exactly like this, make all the difference. The rationale is then the doctor explaining the reason for those words based on and related to the medical findings and/or reading a vet's medical records. Here's another VERY GOOD article (although a bit dated) on this re: getting service connection for a disability (at least it outlines the process and your options, plus even gives Section 1151 and Tort claims info): http://www.amvets-alaska.org/servconn.htm -- JD