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vmo

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Everything posted by vmo

  1. I used the DAV before for VA claims assistance and I maintain a Life Membership in a local chapter. The Service Officers for the DAV had/have an ego beyond reproach. For some unjustified reason they believe "they" provide the best claim service and advice. Well, they do not. Oh yes, they do maintain some type of "you scratch my back/I'll scratch yours relationship" with the VARO's. The DAV has been beneficial in assisting with passing needed legislation. However, the claims service they provide---needs revamped and distanced from the VARO. As I have said before: it is the individual doing good work......the organization means little. *I have increased my s/c percentage every time by NOT listening to recommendations given to me by the DAV and AMVETS. Their answer was always: "be satisfied with what you were awarded and go home".
  2. When we request a copy of our C-file, who goes thru and removes all the internal memo's? What happens to them? I have often wondered about this. I've heard they are doing away with paper memo's. Now I wonder if they post the memo's in their computer? You bet they have some type side bar to reference your file. (That is not part of your C-file but referenced to it when it is worked!). I would love to see what is stuck to my file. Probably the same stuff as is on the bottom of their shoe's. *In the earlier days of my second appeal, I had a not too friendly conversation with a VA gent on the toll free line. I kept my cool until he ran out of answers and tried to bullsh-t me. Then he got nasty, I fired it right back. My appeal that was originally in Cleveland VARO--for some reason----ended up in VARO Huntington, West (by God) Virginia. Amazing, with another Vet's name and C-file number all mixed with in my appeals file. So now we had two veteran's appeals really screwed up. I won my appeal after some 7-years. The problem is they (VA) are the screwer's and we are the screweeeeees!! You are right John999, we win a claim by evidence, but believe me it is more than the benefit of the doubt.
  3. Good point Bronco. Mine was Endow. @ age 60. When I turned age 60, the insurance ended. I received a check for the face value (minus of course any loan debt, which I did not have.). I could be wrong, but with "endowment" age 60 policy, you do not have option to keep, insurance ends and you are issued the face value check. *I think this is different than a paid up whole life policy.
  4. Yep! (I was not TDIU) I have(had) just what you asked. I had VA Endowment policy maturing at age 60. Now have new VA policy (also)with waiver of premiums. I am 40% s/c. Just cashed it (old one) in- in July, 2009. VA sent me a insurance form June, 2008, for my private Dr. to sign. My Doc signed it, I returned it along with a copy of a few medical records, they (VA) waived my premiums.--- "Total disability for insurance purposes means any impairment of mind or body which continuously makes it impossible for the disabled person to follow any substantially gainful occupation. Also, total disability must continue for six or more consecutive months and begin before the insured's 65th birthday." (Quote from my own VA letter).
  5. Special Monthly Compensation (SMC) for ED-erectile dysfunction is referred to as the K-award which pays you a flat $96 per month in addition to any other percentage compensation. I believe it is identified by "NERF" no effective remaining function. Which I believe is no erection/no ejaculation ability. ** Also, George when some one ask if you are a DAV member (or any other service organization) they are very probably wondering if you have "representation" assisting you with filing the necessary VA paperwork. Most every one on here tries very hard to avoid any thing personal. Attitude: means a lot with obtaining advice/help. Gratitude: don't be afraid to say thanks, don't be offended so easily. Latitude: move laterally around any problems you are confronted with----before you bang on the door in anger. There are a lot of good people on board Hadit that will try to help and are very experienced with moving laterally around a problem. Be patient.
  6. When a veteran is eligible to receive VA Pension and VA Compensation, you can not draw both at the same time. The VARO will pay you which ever is the higher of the two benefits/or that which is more beneficial. *You are still recognized as service connected even though you elect VA Pension in lieu of VA Compensation. For those Vet's who have 20 year protection on their VA Compensation award, but elect VA Pension, can have their VA Compensation restored at the protected % if they later on lose the VA Pension. An example would be if the veteran later on starts to receive Social Security benefits putting him over the income limitation to receive VA Pension, the VARO should restore the VA Compensation at the prior rate because of the 20 year protection. However, you can still reopen the VA Compensation requesting a higher compensable rating if you feel your s/c disabilities have increased in severity. If you do not have 20 year protection (on VA Comp), when the VA Pension is stopped, the VARO would re-examine you and award the percent of compensation pertaining to the current level of s/c disability.
  7. jbasser is right about not worrying about the tobacco use. The VA sometimes tries to use it as a trump card in a denial on Agent Orange claim. *I know of many smoking Viet Vets that are service connected for lung cancer and have smoking history. The benefit of the doubt is in your favor. Presumptive conditions on the Agent Orange list make it very tuff for the VARO to formulate a legitimate denial. However, they will look for any loophole/rathole to try. Keep reading Hadit, get your records, file a claim, and keep the faith--you are not alone.
  8. DIC-Dependency Indemnity Compensation (dependents and survivors): (do you have wife/minor children?) if a service connected disability does not cause your death, you must be continuously rated totally disabled for a period of 10 years immediately preceding death. So if a vet would die and a service connected disability was not a factor in his/her death (less than 10 yrs totally disabled) the VARO will try to deny DIC benefits. Therefore, you may want to still file for new conditions requesting service connection "if" you have not been totally disabled from your service connected conditions for less than 10 years. **My point is, if you have dependents--you may still want to file for anything you have a chance of being granted service connection for. No dependents? I can understand being tired of the VA's Bullsh-t and not filing, just go fishing, whatever, enjoy life, hopefully. Just my opinion. Good luck.
  9. Scandal and Corruption, don't you just love it, almost expect it any more?? VAOIG needs to get those and any other people the h-ll out of the VA System! /What the VA Director needs is some more "whistle blowers". Compensate these whistle blowers for rattt--ing on the some of the Command RATS. It is beyond the point that firing, letting/making them retire with full benefits, and demoting solves anything---people need to go to JAIL. The whole VA Claims system is imploding---destroying itself from within. The volume of claims has nothing to do with the VARO/VA-Central office failure. They use it (claim's backlog) as a bullshit cover-up for failed management.
  10. Probably some VA people do monitor what we post. Tying up the loose ends (to pinpoint who/which case), could take time---they usually do not have, they are so busy (right?). Then again, may be the post's aboard Hadit helps them do a better job, as they can see which areas they continually screw up. I can imagine that some VA employees are vindictive and may use what we post--against us. However, on the other hand, I hope if they review our posts---they find more positive than negative. Hopefully, what you and others have posted will help the VA do a more concerned (honest) and efficient (timely) job. *Not "efficient" by using the shredder, but "efficient" by using: PROFICIENCY
  11. Agents and Attorneys. Hmmmmm. Probably most if not all attorneys have some type liability insurance, at least I would expect that. Agents?? *If you are charging legally for your services, it just might be wise to obtain some type liability coverage. You really need to know the business to charge some one for your advice and service. Just food for thought.
  12. The "old" saying is: "when in doubt, file the claim anyway---the worse they (VA) can do is deny it." On the other hand: some medical record(s), statement, opinion, yada, yada, yada, that you do have some, I say some, of the condition(s) your claiming----just might perchance give you some, and I say some, chance of being approved. AAAAAnd if denied, give you some, and I say some, base or foundation to base your appeal on. Hopefully, "some"one within the VARO will pay attention to your claim and review all (hopefully, not "some") of the evidence. Yes, may be some one will help this vet obtain the needed evidence to support the claim. We all know that pertinent evidence submitted with a claim greatly increases the chances of approval-----that is if "some" one within the VA even looks at it.
  13. Sometimes the VARO/BVA make bad decisions. Yes, at other times the whole football stadium should stand up and cheer the VARO/BVA on a denial like this. Some of the VA employees do not do their job very well. Some of the VA employees do an excellent job. A DENIAL hurts, but sometimes they are well deserved.
  14. Good answer. Some times the truth hurts. By not telling the truth, why you could be stepping down to a lower level--------where you might find some VA employees. Do the right thing and tell the VA the truth. Bite the bullet. Heavens, if you are truthful, they may schedule you for a psyc exam wondering what the heck is wrong?
  15. Normal date of claim is the first of the month following the VA Regional Office's date of receiving your claim Example: if the VARO stamps date as received March 6th. Your benefits if payable would be effective April 1st. There are some variations to this, one such as if you filed a VA Comp claim within one year of separation of active duty---benefits if payable can go clear back to date of separation, which would be the date of claim. There are also, "staged ratings" which I believe is when the VA can adjust rating (hopefully increase) because the disability worsens/and the time delay involved in a difficult claim. Separate rating may be designated for the separate periods of time based on the facts considered in the particular claim.
  16. I was fused L5-S1 in 2004. Originally got 10% for limited motion of spine. The VA rats never addressed the 100% convalescent rating automatically after receiving the hospital surgical records and surgeon statement that I was not allowed to return to work. Finally, after filing and requesting specifically the conv. rating of 100%, I got it. I missed about 10 weeks work and got two months at 100%. I've seen the VA do the convalescent rating just from the surgical records and I have seen them do the "oh ya, we forgot" and rate you after you request it. As with me, they make me jump thru the hoop for all and every thing. *My sc % is higher now and I continue to aggressively pursue my appeal back to 2001 concerning my spine. The BVA granted some of what I requested---but the VA rating Bd "low balled" me. Now again pending BVA (yawn). I expect to end up at Vets court or Fed court. I intend to scratch and bite every step of the way.
  17. One says you have cancer, one you don't. You need another opinion and probably more testing. Ask your PCP about a referral for a "broncoscopy" ---which is an lighted flexible tube thru mouth, down windpipe, into the lungs to obtain internal biopsy/examination of the suspected spots. I've had this done with very little discomfort. Secondly, you had a PET Scan, what was the radiologist interpretation of it?? This (PET) is an expensive scan, they are usually pretty accurate. You did the right thing about filing a claim and having Agent Orange exam. A broncoscopy biopsy would be strong medical evidence--both with your claim and identifying that you do or do not have cancer. Also, if you have private insurance or medicare---you may want to take your films/scans, etc., to an private physician for his/her medical opinion.
  18. Some times I am the last one to fall off the turnip truck. There is a difference between an offensive statement and a personal attack statement. I've noticed neither. You do a good job at providing a valuable service to many. I believe this because you know when to back off or move forward. As always, most of us can benefit from taking a deep breath, looking inward to find in ourselves what we admire in others. Relax, take a deep breath.............you'll be just fine.
  19. The solution is simple. Do away with the so called incentive "bonuses". This bonus is paid for shredding and or losing VA Claims folder----there is no accountability, just lose or shred the claims file. The federal govt just learned a valuable lesson with our tax money by bailing out these banks---the CEO's and other high ranking bank officials used the money to fund their bonuses. That is correct---they (bankers) got their bonus for failure. Now, Obama is trying to go after them. KNOCK OFF the VARO bonus. May be the VA Claim's will pile up, but there would be less incentive to SHRED. Pay the employees overtime, shred the BONUS. Rewarding people for failure---just does not work. We have seen it with the Banks and the VA. Am I missing something (?) or do I understand correctly: bonus is (should be) paid for going above and beyond average normal production expected of an employee. VA fast letter? It should be called a VA "farce" letter. The VA Central Office tries to correct the problem with a band aid---but it needs a full battle dressing.
  20. Skunk---it is OK to rant a little, most do at one time or another, just rant gently. Please don't "spray"--just ranting, welcome back!
  21. I watched it and saw nothing that I did not already know. However, the general public now may be more so than ever were informed "prime time" what a terrible inefficient service the Dept of Veterans Affairs provides with claims. Also, I heard the one VA employee mention the "B" word: BONUS. I just do not understand WHY Va employees are paid bonuses for doing their job.(??) They get the bonus---the Vet gets the "BONE".
  22. Lower back fusion is painful. I had L5-S1 fusion in Feb.,2004. I used narcotics for about 3-weeks after the fusion. Never had physical therapy post surgery. Surgeon told me to walk as much as I could tolerate. I started walking in a swimming pool in addition to outside. Back is not perfect. However, I am much better off. I was a total invalid before the surgery. Pretty much a cripple. The fusion gave me my life back. Unfortunately, I am developing the same problems in the cervical area. I too, am 60 yrs old. The surgery was a "no alternative" for me as I started losing control of my left foot and quite a lot of sciatic numbness, burning, and pain.
  23. Recently filed VA Form 9 end of Oct. 2009, which goes back to 2001---as I am not satisfied with rating % that rating board assigned from a Prior BVA appeal decided in 2007. I expect a long hot summer as the prior appeal to BVA just to get service connection granted was near 7-yrs. Yup! Ima waiting patiently.
  24. You are correct about the high dose ibuprofen. Unfortunately, most meds do have some type side effect. My physician monitors the dosage. Also, I have had periodic endoscopy's to prevent complications. In addition, the ibuprofen can decrease inflammation---narcotic treats just the pain. Yes, there have been bad pain times where I have requested and been provided the narcotics. Most narcotics prevent or caution you about driving, but not high dose ibuprofen. I used the narcotics pre and post surgery on a limited basis. Ibuprofen is not recommended post surgery until well after the fusion was completed. I think maybe it was one year post surgery before I started on it. So far, so good!
  25. Had L5-S1 fusion in 2/2004. Painful recovery---takes about a year. Severe back pain gone. Still have pain/stiffness--though. Rated 20% for back, plus 10% left leg/foot radiculopathy/sciatica. Now have upper back/cervical neck pain, stiffness. Even though I worked in an office---I retired one year after fusion surgery. Can't sit long, can't stand long. Was irritable most of the time at work. I decided to take 30 year retirement at age 55---should have filed for disability ret. but did not. However, I did site my repeated back pain as a factor in my decision to retire. Currently I try to swim 3-5 days per week at local YMCA, which helps. I have avoided narcotics and elected high dose ibuprofen instead.
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