pwrslm

hmmmm.....did they rule out any potential effect of AO on the brain in this study?...I mean...if they conclude that the only thing that affected the minds of the 117 soldiers that didn't affect the other 32 was TBI (penetrating head wound) that would be one thing....but if they cant rule out any other cause that could affect this, like AO exposure, something that they were given in the hospital that the 32 in the control group also didn't get...or any 1 of thousands of potential factors which would need to be ruled out to make an empirical statement on this issue....then this is nothing but junk science

Can you track down any MD's that treated him long term? Statements from them would boost your case if they remember details.

lawyer speak You probably should speak to one.

USC trumps CFR. I would search the BVA and CAVC sites for topic matter. Jurisdiction wise, its a ladder. I would start by reading the info about rules and procedures from each court.

It ends when bureaucracies become perfect. Till then we all get the short shrift.

So, searching everything, this is my conclusion. quote from rating decision; "We have assigned a 20 percent evaluation for your lumbosacral strain with intervertebral disc syndrome and degenerative disc disease (also claimed as spinal stenosis, low back strain, lumbar strain (chronic), mild thoracolumbar scoliosis, spinal instability) based on: • Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees Additional symptom(s) include: • X-ray evidence of traumatic arthritis" DC's indicated IVDS 5343 -Lumbosacral strain 5237 -DDD does not have a rating code, assume it is analogous w/IVDS So, now I have the (also claimed as) conditions. Is it safe to assume that because it is listed as "also claimed as" that in is inferred as service connected?

Hickey is gone. Ever heard of retro? They can assign the temp rating with an effective date that is 1 day after your discharge. I would write a letter to McDonald. Tell him the exact nature of your conditions that created the situation that caused your retirement. In the next paragraph tell him about your financial hardship, family and the fact that you went through 2 surgeries in the last 6 months. Then quote the above regulations and ask why the VBA has not provided you with a temporary disability rating. Explain to him that your claim for benefits was put in xx days after of your discharge, and that VBA should have automatically provided that disability rating in accordance with the above law. Don't go crazy and rant on anything. Be short and to the point. The man is busy, and if you give him a book to read, he probably wouldn't read it and could miss the jist of the situation. Use facts, his staff will not be nice if you misrepresent anything. Then, sit back and hope. Play with the kids, kiss the wife, watch soaps on the tube. Wait and see what happens. You cant get hurt, but if he acts on it, it cant hurt any more. The idea that the VBA would leave a recently discharged 20 year vet out in the cold is offensive. You deserve better than this, its time to put your hand up and get it. If I am right, and they violated US Law by failing to assign a temp. rating for you when you put in your claim (less than 365 days from discharge, right?), you should get a fast response to your letter.

Don't let that machine get you down. Looking at USC, they should have given you a temp. rating right off the bat. Work on this; https://www.law.cornell.edu/uscode/text/38/1156 38 U.S. Code § 1156 - Temporary disability ratings (1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows: (A) To a veteran who— (i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter; ...(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s disability. ....(b) Termination of Temporary Disability Ratings.— (1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows: (A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is— (i) 12 months after the date of discharge or release from active duty; or (ii) provided in regulations prescribed by the Secretary

FOIA, or privacy office, is at my VAMC here.

E Benefits site, go to front page, click on "VA Letters". 2nd one down *Benefit Verification* from the top, see what your disability date and award is there.

Unless the colonoscopy MD commented directly on the lack of your condition, then there is nothing there. Sphincter control really has nothing to do with fissures or hemorrhoids. It amounts to a weakness in muscle, which can be total or partial, as in paralysis or partial paralysis. Sounds like the rater has made a medical decision. Ask for a hearing. When they review their evidence, they will most likely withdraw the reduction. If not, get medical evidence ready for the hearing, anything is better than nothing, but an IMO combined with an examination will probably be best.

Why not FDC? Seems like he would have directed you to file fully dev. claim to take advantage of all the upgrades that the VA has invested in.

I put my name in that hat. Put in the request on EBenefits site . Have Appt end of month, or about 5 weeks from my request.

grrrraatz!

Thank you Sir.

she was in the chain that authorized the relocation of high level personnel into lower positions when the moved down, they got the same pay, and huge incentives, and huge moving expenses while jr personnel moved up, into higher paying jobs, with the same huge incentives and the same huge moving expenses dono if she was a gear making it happen and rewarding her friends or if she was just a cog in the manipulation but either way, that dirt sticks to everything it touches

Money corrupts. Anytime you get into a huge financial institution, you have the good people, and you have the bad one. When the bad ones control the pocketbook, the scheme ways to cheat the system to make their positions more lucrative. It might be a small percentage of people who are actually causing the VA to fail, but for the most part, the majority of people I have talked to honestly care for the Vets they serve at the VA. Face it, when those in leadership postions get a 1/4 of a million dollars to relocate, its a huge factor is who stays where for how long and when they move. Yearly bonus money is more than the annual income for most of the daytime staff at McDonalds, combined. Just remember, the key theme in my rant. Money corrupts.

gratz

My Rating Decision is rife with errors. I was thinking it was possible that notification requirements were not met because they failed to notify me of exactly what the scheduler conditions were. Its a tolling to limitations so to speak. If they don't give me an adequate notification, no time frame should toll. IMHO...

In Re; FOIA I walked into the FOIA office and they handed me copies of my MRI reports from VISTA. Just walk in and ask them for it. If they say no, you can still do a request. It is not tied to the VBA claim, its a VHA FOIA on your medical records there.

You need to see a neurologist. If the nerve is impinged, it could be very painful. Depending on how bad it is, the nerve could be damaged. Weakness or numbness is the red flag that indicate that the actual nerve has become or are being damaged. Dropping items indicates weakness. If you experience either of these, don't wait, walk in to see your PCP today. They should give your the xray/MRI in short order and get you to the neuro department. These kinds of problems can be bad. It is better to do this now than to wait.

Is it normal that the VARO issues rating decisions that do not contain the diagnostic codes in 38 CFR?

If dozens of complaints like this started popping up, you would find that the IG would take action. The excuse's get old fast. This happens too often for it to be coincidence.

The Opinion is correct. Medical literature does not provide the nexus between the two. What you need is a direct SC if shin splints are noted in your SMR. The RO should have researched the issue, but if they had no clue that the record existed, its something that one should expect. Document the SC with service medical history. Get a nexus. While flat feet might force a more direct impact that theoretically could cause the condition, you would be fighting up hill trying to prove that connection. Go the easy route and document SC as a primary entitlement based on SMR. You need an IMO/E. Got a local PCP that can do that for you?

Outside exams go into the VISTA system. The CPRS has all the stuff that Govt employees put into your record.