Vinsky54

john999: I know it probably sounds crazy, as most of our government could care less about us vets, but if you have your story written down somewhere, or are willing to do so, send it to my congressman, Sam Johnson. He works his butt off for vets, getting legislation passed that forces the VA to act on our behalf. The more ammo he has, the more he can get done. Here's a bit from his bio: "Sam Johnson, a decorated war hero and native Texan, ranks among the few Members of Congress to fight in combat. During his 29-year career in the U.S. Air Force, Representative Johnson flew combat missions in both the Korean and Vietnam Wars. He endured nearly seven years as a Prisoner of War in Hanoi, including 42 months in solitary confinement. A decorated combat veteran and war hero, Sam was awarded two Silver Stars, two Legions of Merit, the Distinguished Flying Cross, one Bronze Star with Valor, two Purple Hearts, four Air Medals, and three Outstanding Unit Awards." This administration is obviously going to do nothing about the deplorable way the VA operates. It will take Congress and the courts if we are to get any redress. Thanks for your post. Vinsky/David

jfrei - That is good news, that the VA is having to contract out to alleviate the backlog. I have proposed the same to my congressman (Sam Johnson, a champ for vets) regarding the claims and appeals backlog; contract them out to private health insurance adjusters until the backlog is caught up. Vets would get a quick response and almost certainly a more equitable one.

Thanks for the responses TexasMarine & Gastone. AskNod: Again you come to my aid. Thank you so very much! (Though I have to admit, you sent me to Google a few times to "translate" the acronyms.) I now have the sense that I may be waiting quite a while longer for a decision. If I am reading you correctly, should the DRO determine that there was a CUE in my original decision of 2002, then it is going to kick my NOD into a chain that involves the VSCM (Waco), a possible review by the AMC, then on to Mr. Murphy? Sounds like a whole bunch of people getting involved to find a way to cut their losses.Based on the research I have done since "talking" to you and Berta, my "by-the-book" rating would be 50% (46 rounded up if I am reading the Schedule of Ratings correctly. Under section 4.110, the several factors leading up to the dumping syndrome cannot be combined with the others. It says: "Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation." So the bleeding ulcer that damn near killed me and the emergency surgery to stop the bleeding and prevent new ulcers counts for zero. That in spite of the diagnosis of an internist that under code 7348, I meet the criteria for a 30% rating for the results of the surgery alone. Under code 7308, dumping syndrome, I only rate at 40% percent instead of 60% because I have not consistently lost weight for 39 years. Anyone want to explain how you do that?) Anyway, if a decision were reached today, that would mean 12 years, 4 months of back benefits were due. I am assuming every effort will be made to find a way to deny that much of a back payment. Thanks again everyone. This forum has been a real blessing.

My prior topic, "Seeking Advice on my CUE," brought me a wealth of information from some very informed people. I remain grateful. But I have been doing more and more research based on what I learned from them and just ran across this: j. Approval of Ratings Prepared Under 38 CFR 3.105(a) All rating decisions prepared by RVSRs under 38 CFR 3.105(a) require the approval of the VSCM or designee at the Coach level or higher. Ratings prepared by DROs would require the approval of the VSCM or Assistant VSCM if they would effect · severance of service connection, or · a reduction in evaluation of an SC disability(ies). Exception: Approval of the VSCM or designee is not necessary if the rating is the result of a Board of Veterans’ Appeals or U.S. Court of Appeals for Veterans Claims decision. Important: A rating decision must be reviewed and approved by the Compensation and Pension (C&P) Service prior to promulgation if the decision · initially grants service connection with an effective date retroactive eight or more years, and/or · results in a lump-sum payment of $250,000 or more. (See M21-1MR, Part III, Subpart vi, 1.A.5 (TBD) or Fast Letter 07-19.) Reference: For more information on CUEs involving rating issues, see M21-1MR, Part I, 5.C.13.f. The CUE in my case is obvious. It took the help of an attorney who does medical insurance claims to help me read my Service Medical Record, but the denial based upon "no evidence of complaint, treatment or diagnosis" is just plain wrong. So is the conclusion that there is no service connection, as it is also in the record. Problem is, VA repoened my 2002 claim, denied it based upon "no new evidence" and that led to the NOD. Anyway, as I read this, even if the DRO acknowledges the CUE, my claim then has to go to this C&P Service. Who are these people and how many more years can I anticipate waiting? Anyone have any experience with the C&P Service? Thank you. Vinsky

Well everyone. I want to thank each and every one of you for all your guidance, advice and encouragement. Today marks day 325 that my NOD has been "in process," and that is the VA's average processing time at Waco. So... it is now in God's hands. Everything I could add to the record has been added. The evidence is as plain as day, so I just await a decision. Thanks again. David/Vinsky

TR-6 is a fantastic little car. I once owned an MG-B. When I was a kid, dad drove an Austin Healy 3000 mk2. He used to drive in gymkhana events. Fun stuff.

Fortunately, dumping syndrome has been around for a long, long time. Check this out: Hertz made the association between postprandial symptoms and gastroenterostomy in 1913.[2] Hertz stated that the condition was due to "too rapid drainage of the stomach." Wyllys et al first used the term "dumping" in 1922 after observing radiographically the presence of rapid gastric emptying in patients with vasomotor and GI symptoms.[3] Want to see the pertinent part of the latest filing? It's attached if you do. Really appreciate you taking the time to advise rookies like me. It is most helpful VA Extract.pdf

Thank you asknod. More great advice. Thank y'all so much for all the help. For you and Berta both... I have enlisted the help of my best friend who is an attorney. He does insurance defense claims. (We met in the USAF 40 years ago, on the island of Crete.) With his help, I think we have nailed down the language and focused the issue on the fact that the SCR does in fact contain evidence that I was complaining of dumping syndrome while still on active duty (only 18 months post-surgery). This is in direct conflict with the Rating Decision of 2003, which says: "Service medical records do not show any complaints, treatment or diagnosis for dumping syndrome." That was the reason for the denial. I only recently got these records pursuant to a FOIA request. I have submitted this information as part of the NOD (noting the CUE) and am hopeful that now they can reach the right decision rather easily (?).

So now I have an email address and the phone numbers - thank you so very much. Do these people actually answer the phone and/or email? I sure would like to get an answer on when my NOD may finally get a review. IRIS is useless, they completely ignore me when I ask that question - even just asking for an estimate. Based upon your suggestion, I have demanded a C&P Exam. It occurred to me that without it, I have no claim. Because they refused all the evidence I submitted with my second claim (doctor's diagnosis, my sworn statement and my wife's sworn statement), there is nothing in the record to even substantiate that I have dumping syndrome (refused as not new or material). Though I did give them the option to just admit the CUE, include the documents in the case file and skip the exam. I tried to schedule the C&P here at the Dallas VA Med Center, but they said it had to be ordered as part of the NOD; I cannot initiate it. File a form 21-4138, they said. I looked at the form and realized it was nothing more than shredder material. So I filed a demand styled as a legal pleading. Wanna see it? I will attach it. C&P Exam Demand.pdf

Holy crap! My denial came out of Waco, but now that you asked, I look and see that the Evidence Intake Center is in Janesville, Wisconsin?!? The Texas Vets rep filed my NOD in Waco and I have been sending everything there. I am going to resend the entire file tomorrow with a notice that my supplement will be filed in the next couple of days. Am I screwed? Working on getting the C&P exam scheduled.

Good Evening: Berta - I have once again taken your great advice. The re-worked NOD (supplement) is in progress. I now have three bases for CUE: evaluating the wrong surgical procedure in the first denial; failure to consider all relevant information in the SMR in the first denial (as you pointed out); and the erroneous statement that no new or material evidence was provided in the second denial. Further, I have done the research in the Schedule for Rating Disabilities as you also suggested. Here is what applies to me: 7308 Postgastrectomy syndromes: Severe; associated with nausea, sweating, circulatory disturbance after meals, diarrhea, hypoglycemic symptoms, and weight loss with malnutrition and anemia - 60 Not sure if ulcer applies, except that that is what brought about the surgery in the first place. Almost killed me, literally. By the time they got me to Incirlik from Crete, I had lost five pints of blood. I do not currently suffer from ulcers. 7305 Ulcer, duodenal: Severe; pain only partially relieved by standard ulcer therapy, periodic vomiting, recurrent hematemesis or melena, with manifestations of anemia and weight loss productive of definite impairment of health - 60 7348 Vagotomy with pyloroplasty or gastroenterostomy: With symptoms and confirmed diagnosis of alkaline gastritis, or of confirmed persisting diarrhea 30 7800 Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of the head, face, or neck: With visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement -30 *Scar 5 or more inches (13 or more cm.) in length. *Scar at least one-quarter inch (0.6 cm.) wide at widest part. *Skin texture abnormal (irregular, atrophic, shiny, scaly, etc.) in an area exceeding six square inches (39 sq. cm.). Question: In the NOD, do I need to argue what I think my level of disability is? Or is that strictly a matter of their interpretation? Is that why the C&P exam is so important? Thanks again. Did you already know of Bonnamassa? Or have you checked him out? Absolutely among the best guitar players ever.

Berta: Yes, I would love the numbers. Forgive my ignorance... What is a C & P Exam? (Since I already owe you a ton, here's a little gift. Based upon your musical tastes, if you don't already know who he is, you really should check out Joe Bonnamassa.)

Applying Berta's wisdom and suggestions, I went back and studied my old records. I have only had them a few months as a result of a request for them that the VA converted to a FOIA request. Regardless, I got them and struck gold. Buried in handwritten "code" in a USAF clinic record is a description of me complaining of the symptoms of dumping syndrome. The VA's argument that there is no military record of "any complaint, treatment or diagnosis" of dumping syndrome has evaporated. Thank God for you Berta - and for the inspiration of Navy4life on another thread. Here's my first draft of the supplement I intend to file. Any critique will be greatly appreciated. Vinsky VA supp 4.pdf

I am again so grateful for what I learn here. My dismay has turned to hope. Navy4life's post about "continuation of treatment" really had me worried. But it had the effect of driving me back to my AF medical records, and there it is! Something I had missed. I went to the clinic about a year and a half after my surgery complaining of the very symptoms of Dumping Syndrome. Though not diagnosed as such, it is clear as day due to the documentation of my complaint. That was the VA's main justification for my first denial in 2003. That there was no record of the syndrome during my service. But now, I beg to differ. Hope is back. Thanks again for the insight. And Buck52, I meant no offense when I made that comment about "the more time I spend on this site..." I hope I cleared that up above. Y'all are very much appreciated.

Meaning i Meaning that I am rapidly losing what little faith I had in the VA. The more I learn, the less I think I will ever survive the process. Certainly no offense to the fabulous resource I have discovered here. I am grateful - more than I can describe at this point.