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John Purser
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Posts posted by John Purser
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I've been waiting over a year for a court date and have been told that it might take another year before I'm seen. I'm using an out of state legal service to handle my case. Is this normal or have my lawyers really screwed up?
Thanks,
John
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comb the records good for forgotten maladies and dx's
Will do! That and errors and omissions.
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I got a copy of my C file after a 9 month wait on the Seattle RO. I'm posting this so others can get an idea of how long it might take for these records.
Now I'm just waiting on my military medical records which should be arriving in a week or so.
Next week I file for depression as secondary to 20 years of chronic back pain.
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Good Point. That makes sense.
Thanks!
John Purser
I only suggest to wait if it's a claim for the exact same thing and you haven't heard a decision on the 1st one yet. No need to double up if you have no idea what's going on with the first one....it only serves to confuse the raters. -
Thanks Phillip. I have been confused about that as well. I've received advice to wait and to act right away. Perhaps that's worth starting another thread.
Appreciate the help.
John
John, sorry but I'm dropping out here. Purple suggested you wait before filing another claim. I so disagree w/that!!!!!!!!!!!!!!! You need to file for an increase, tomorrow. Waiting is stupid, period. jmopr
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Brilliantly helpful. Thanks again.
I am however confused, I thought I had to file a claim in order to get a C & P exam. Your line about taking the records to the C & P and then filing the claim later has me confused. Have a messed up my vocabulary or read you wrong?
John
As far as the EMG....do both. Take a copy of the test result with you to your C&P and show it to the doc (the doc may or may not look at it)....and when you are ready to file your claim, you will include a copy (tabbed and highlighted...more on that later).Anything you find in your records...you can take to your exam...the examing doc just may or may not look at it so be prepared for that. But those same documents should be used later as attachments for your claim after your exam.
I hope this info is helpful...I realize it can be overwhelming at first.
And trust me, I completely understand about the teeth-brushing thing....I have many of those days also!!
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For the record, I applied for my C file last May. The VA replied with a letter saying it would take at least 9 months to reply. So far no records so I'm thinking they weren't exaggerating.
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Love the link. I'll need that next. Cool.
I'll have to get a copy of my C file in order to be sure what the VFW filed for. My memory really is so bad these days I don't trust myself to remember to brush my teeth most days. Apparently it's a symptom of depression. Fun stuff. This is all related to the claim I'm going to file for nerve damage to my leg and depression. Okay, you've given me a big chunk to chew with that link. I'll dig into that and no doubt post again with more questions.
I'd still like a clear example of how to use (for instance) the medical record of my EMG in my claim for disability for nerve damage in that leg. Do I specifically reference that medical record when I file for the claim? IE: RE my EMG of MM/DD/YYYY the results support my position that my disability rating needs to be adjusted to reflect a NN% rating for nerve damage to the leg." or do I just show up for the exam with a hard copy in my hand? How do I USE what I find?
Please.
And Thank you!
Sincerely,
John
When did the VFW file your claim? And what all did they file for?This is precisely why I highly encourage all vets to file their own claims and not bother with the middleman. The middleman doesn't give a crap about your claim and wont invest the time and patience needed to make sure it gets approved the first time. Sorry, one of my pet peeves.
If you have a claim pending, you need to wait and see what happens with it. If it's approved then yippie! If not, then your work begins.....step one...fire the VFW guy. Just my opinion mind you.
Here's a link to a "how to" guide for filing a claim written by Jim Strickland. This guy is extremely knowlegeable!!
http://knol.google.com/k/jim-strickland/a-...i4hm0dxfnnzs/2#
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PAY DIRT! Okay, this I can use. But how do I use it? When the VFW filed my claim they pretty much just said "his back hurts" and sent it in. There was no mention of specific medical records, just a line about the examiner needing to get all my medical records. Now that I found what I'm looking for how do I use it? For example, I had an EMG (electromyography) done to verify the nerve damage in my leg. This directly relates to the disability I'm claiming. How do I use this medical record in my claim?
Stop asking questions? When that happens just shovel the dirt back in the hole cause I'm done!
Thanks,
John
What you are looking for are any and all medical & mental health appts that will potentially relate to your claim. This includes test results, visits to the ER, Urgent Care...all of that. Anywhere in your records where any of your docs mention how your claim-related issues negatively affect your quality of life....that's what you want.If there are things that should be there that aren't....this could be especially true of tests and test results...don't hesitate to ask for those. Sometimes you have to go to the specific department (i.e. cardiology for EKG results and the actual EKG readout).
Please feel free to keep asking questions!!!
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Thanks. I was pretty sure I was well and truly screwed when I figured out what happened. My SO told me that immediately disagreeing would "weaken my case" so I should wait a couple of months before filing the NOD. When I came back for my scheduled appointment she was at a seminar so I was told to come back in a week. I did but then she was on vacation for 2 weeks. When I finally saw her she just stared at me. She'd forgotten all about it. Perfect. She never did tell me I'd lost my claim rights. I had to figure it out.
No paper trail. Just a sorry record of me passively taking directions. So I know better now. I hope others are reading and paying attention.
if you have no documentation in the interim 3 years to show an appeal or asking someone at the VARO why you haven't heard anything or some effort on your part to follow it up, probably not. ...it is more than likely going to be denied an earlier effective datemy original SO told my wife and I that we could only file one medical issue at a time and we had to wait for the VA to adjudicate it before we could file for other medical problems, like my most veterans I didn't know any better and we were told that the AL rep was the best in the state. Thru Hadit I learned he was full of it and was lying to my wife and I. Skip and Tom and others told us the right way to do it and in Dec 2003 I revoked his POA and filed the other issues on our own
without a paper trail it will be hard to prove you had an active claim but that is just my 2 cents maybe someone else has other ideas
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That's funny. I just ran across some binders in the basement. Guess I know what I'll be doing with them.
Okay, got a technique and tools. Now what am I looking for in my records? Typos? Snide comments? Honestly, I don't have a clue about what I'm seeking here and how that relates to my claim. Please don't underestimate the depth of my ignorance.
Yup, just what the others have said...review your records. Get a (or some) 3-ring binders and a 3-hole punch and start organizing. It's a mundane project at best but comes in very handy at claim time!! If you have too (and I recommend it) use the small sticky notes to highlight the important pages you will need to copy for your claim. I'm a HUGE advocate of do it yourself claims.....but that's a whole other topic.Have fun organizing! Be sure now to get a copy of your records at least quarterly.
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Thanks for getting back to me guys. I know I should review my medical records but what are some specific examples of what I'm looking for? I've generated over 2" of records in the last 2 years. I need to know what I'm looking for.
Thanks,
John
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Sorry. Posted on the wrong thread.
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The last straw for me with the VFW was when my SO failed to file a NOD within the claim time. Now, a year later I'm filing for recognition of increased disability (the disability arrived 3 years ago!) again. If I win this round is there a path for me to go back and say "I told you this was so in 2006!" and get back disability or is this just gone for good?
Thanks.
John Purser
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Okay, this sounds like a stupid question but personally I've got nothing against a good stupid question. Better to look foolish than live in ignorance.
Per the advice I received here I asked for and received about 2 years of records from my current VA medical center. I've still got to ask for my records from 3 other VA medical centers. Now that I have these latest records what do I use them for?
My situation is I've got a back rated at 40% from a jump accident and receiving disability for that. I've also got nerve damage and depression, both diagnosed by the VA and with varying support for their being caused by the back injury. (trying not to go into too much detail here) My goal is TDIU as I've been bed ridden for nearly 3 years now by back pain. I'm about to apply for increased disability, I'm waiting for a copy of my C file (9 month backlog in Seattle for copies).
Thanks, and type slowly when you reply. I'm may well be just as dim as the question implies.
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Thanks Testvet. I experienced a similar level of "service" from at least one "Service" Organization. I'll fire that letter off. I want those people out of my life for good.
John
No just address it to the VARO and they should put it in your C File revoking the POA but even after I signed a new one for my lawyer they kept sending my stuff to the DAV until she nailed them they are slow sometimes to change stuff I think I have fired most of the service Orgs during the past 7 years first it was the AL, then the DAV, then the PVA now I have a lawyer (ex JAG Officer and all she does is VA cases, a member of NOVA, and she's good) lol I imagine there are some good SO's out there but I have never met one most are overworked and lazy -
Thanks jbasser. I was wonder if I need to specify an office in the regional HQ.
Send it to the Regional office and also send a copy to the VFW.Be sure to follow up as things like these sometimes get misplaced.
J
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I found the form and I believe you're correct in how it works however at this time I don't have an SO to replace the VFW. I've made so much more progress since I started hanging out around here I'm going to try this on my own unless someone can tell me of an outstanding one in the Seattle/Tacoma area.
I was told and I believe I read it this in the regs, if you have a SO and appoint another, the action will of revoke the former SO, because a vet is only allowed 1 SO at a time. Here is the VA form for appointment of your Service Organization. Someone correct me if I'm wrong please. -
I've found some prior posts that say I just need to send a letter saying I revoke it but is that correct? And if so, where do I send the letter? I don't think this is a big deal, just house keeping. But the less the VFW can do "for" me the better off I am.
Thanks,
John Purser
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Questions:
The "three VA psychiatrists diagnosed depression, PTSD, and bi-polar disease",
Did they put it in writing and provide a nexus to service for each with Medical
Rationale to support their opinion ?
My claim would be for the MH disability that I had the most Medical Evidence on
to connect it to military service. VA only compensates for one MH Disability, so
that's why my claim would be for the one I had the most solid evidence for.
The one that states,"the 20 years of pain and my current inability in move about was making
my depression worse."
Have they put this in writing ?
carlie
Carlie,
I've had three VA psychiatrists and they don't seem to be in complete agreement on what exactly is wrong with me. I'm not sure how much of this is just not knowing what they're doing, or me not presenting clearly, or them being afraid to disagree with the person who came before. To make it worse my civilian psychologist strongly disagreed with all but the depression. I don't know what the hell is wrong with me but I DO know that something occasionally grabs me and shakes like a terrier grabs a rat. I get thrown into an emotional dungeon where it physically hurts just to live and I may be there a half a day or maybe a week. And on top of that my memory STINKS and I can't focus for squat. I used to "treat" this with a long walk and/or a bottle of bourbon but my back stops me from the first and AA stops me from the second. These days I just try to keep the pain limited to me.
Sorry. Whining.
Per the advice below I'm going to get a copy of my med records and see exactly what they've put in writing. My last psychiatrist visit the doc put in writing that my pain was making depression worse. Looks like that's my best bet. Thanks for your tip. I definitely won't "shotgun" my complaint now.
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Like Larry says you should get your VA shrink to say that your depression is a result of your chronic pain and immobility due to the SC back condition. If you get even 50% that will bump you up to between 70-100%. I would file for TDIU while I am at it so you get the earliest effective date. If you are going to ask for an increase also ask for TDIU at the same time. I had 30% when I asked for TDIU. It took over a year, but they paid me back to the time I filed for TDIU.
What my psychiatrist and research about Depression tells me is that my service is unlikely to have "caused" my depression in the same sense that it "caused" my back injury. Instead it's more reasonable to say that the 20 years of chronic pain has worsened my depression and that my current immobility has not only made the depression worse it's stopped me from my previously healthy way to deal with it which was exercise.
Thanks for the info on your TDIU claim. After about 3 years now of doing this wrong I'm trying very hard to do it right.
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You need to be able to assess what you have been diagnosed with, i.e. just what the psychiatrist thinks of your disability. Your GAF (General Assessment of Functioning, or some such). Google "GAF" or look it up here on hadit, it'll give you the various GAF scores and the equivalent %'s of disability. Then, speak with your psychiatrist as I have already mentioned.
Then, armed with the psych records, the GAF score(s) (they are supposed to assess your GAF each time they "visit" with you), and, hopefully, a helpful, beneficial, "letter" or whatever they may choose to call it........then you may very well wish to "file a claim" for the appropriate indicated degree of verified, diagnosed, disability. And, hopefully the letter from your psych doc will indicate that you are TDIU, in which case you need to fill out the FORM for claiming TDIU (there is a SPECIFIC form that you MUST fill out before they will consider you for TDIU, my memory loss renders the recollection of the form number inaccessible at this time, maybe someone else here will chime in with that info?).
Now, it's back to my basket-weaving and drooling.
Thanks Larry. Looks like I've got my work cut out for me but it might pay off. I'll get a copy of my records, then I'll know what I need from the psychiatrist next time I see him.
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My apologies to everyone who responded. My new depression medicine knocks me out and makes thinking rather difficult. I decided to wait until this morning to respond rather than waste everyone's time with gibberish.
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No, I did not stay in a Holiday Inn last night. No, I am not an expert on ANYthing.
But, I am 100%, Permanent and Total. And, I did it by myself. AND, I did it just as I have described above. The only thing my so-called Service Officer did for me was lose the letter that the VA sent to him, explaining that I was awarded 100% P&T............ B) !
So you're saying you're only qualification is that you've been there, done that, and got the brass ring? Well that beats the hell out of my current expert (me) or my last ones.
Coming back, round 2
in Introduce Yourself
Posted
Hello,
I'm a returning member of this forum. I was last on here some years ago. After a long struggle I finally got 60% disability and between that and some depression I was experiencing at the time I settled. I just got a reminder of my status and realized three things:
I cannot work and haven't been able to for about a decade now.
Financially, I'm not "getting by". I'm living check to check and praying nothing goes "wrong" like needing new tires for the car.
I'm actually only getting 20% for the back injury that has taken most of my life from me and the other 40% from comparatively minor crap.
So I'm angry again. Angry enough to open up this can of worms one more time. I'm working with the DAV this time and I understand there have been some changes in the process so I'm trying to stay positive and open minded.
So that's who I am and why I'm here. See you around the forums.
John Purser