stillhere

If they just approved the claims and then review them later while the vet saves his house and credit that would help the backlog a lot. By sitting on their hands and not doing anything the building will collapse. Congress or someone needs to lead these people out of the mess they are in.

I believe jay was going to check with the doctor and see how he could set this up. You have not missed anything.

wouldn't it be great if the VA spent half the effort they use to deny us into helping us get our just benefits. Am I wrong or does it seem the congress and Secretary give an the VA pencil pushers take it away??

if your award letter states a decision on Dec.17th you will not get your award money until you have a complete 30 days. That means the first check for this award will be Feb.1 The VA pays you for the one month benfits in arears.

Since you are an IT person you can always do contract work for the government and work on your own scehdule and starting your own business would put you in line as Disabled Veteran owned small business. This is a good thing and it makes you eligible for many benefits. Check it out with a rehab counselor and see if this is something you might want to try. Good look with your lady friend. I also think that I have read where the VA encurages IU vets to try and work with out any problems and if you can't at least you tried. good luck to you!

A doctor like this could help many vets if he just reviewed a disabled vets papers and write up what he feels the vet should apply for from a medical point of view. I know of no one the VA gives us for that other than our regular care doctors and the VA really frowns on them writing letters. I have asked many times. If someone would even do that would be great. Case in point I am anemic and I have IHD heart disease with stents and old MF my cardio doc wants to know the cause of my anemia. Which is dangerous for a heart patient my PCP at the VA says they don't know? Huh? Now if I could send him all my papers and he could say what caused it and back it up with rationale that would be fantastic. Not to mention take some stress off of me!

Well if nehmer happens that would be even better for me, since I filed for heart disease back in 2003 for agent orange related to Dm2 and was denied. As you say if the VA is going to go back through the Denied claims say since AO and DM 2 was ordered and then compensate all those that applied. That would be fine with me but I agree I don't think that will happen either. Every vet that was denied before should apply to have there claim reopend and they should be compensated. Because you know sometimes the VA will miss a few! :(

Hey Bronco i am 90% now and I plan to enjoy somethings while I am Stillhere! Heading to Disneyworld with the kids Jan.23 for a week. Good advise!

Bump

I just had this C&P last Nov. and I was awarded 50% for PTSD back to I think it was Feb. I first went off and could not control myself while being interviewed by a rehab counselor she it the one that put in that I had to go to a shrink. That was in late Jan. had thee meeting and asked me all kinds of question family, early family and then got around to war and stressors. It is very hard to open up to a stranger and cry like a baby in front of him at 60 years old. I have been so alone for so long. At the end of the meeting he looked at me and said "you have PTSD" I said are you sure and he said yes. Well since then I have been seeing him for 1 meeting a month and to adjust my meds and just talk. In May he got me into the program at the local Vet center. Have a great social worker and heve been going every two weeks. They both told me to file and get it SC and the treatment will be there for me. I filed actually in Feb. but had not done anything with it I was still having a stigma problem with the DX but I know I need the help. So the VA asked for my stressors and it was hard took me 3 weeks of talking to myself and them but I got it done finally. Wierd I actually was reliefed or something after writing it down. It waas almost like a heavy weight had been lifted off me or something! Any how sent it in and the VA verified them and had me go to a C&P the shrink was a PHd and knew his stuff he did exactly like my VA shrink put me at ease we talked about my early family and then we got into service and from their to the stressors. This time I was able to get through it without breaking down. Then it was over less than an hour I was kinda worried but when I got up to leave I asked him if I was going to be Ok and he said you have PTSD and you have had it a long time without treatment so contiue that. Well that was that I did not have the 3 hour marathons that I have others have so I was a little nervous but I confinced myself that I was getting help so that was good. He also said he would right it up right then and send it right in. Well that was Nov. 18th. I had my decision the day after Christmas 50% which only kicked me up 10% to 90% but hey now I am SC and can get all the help I need. Got the money on Jan 1 (actually dec. 30) Only thing I feel sorry about I really only thought I would get 30%!? Guess I come across worse than I thought. Well I hope this helps you and others in someway. As for me and this particular claim I feel the VA did very nice by me. Good luck on your C&P and just tell the truth and make sure you do something nice for yourself afterward. God Bless

This has got to be a private doc! Is he still AD if so he needs to get with a MH doctor in the military and get this DXed and taken care of with treatment and meds. when is he due to deploy? like Larry asked what branch of service Army,Marine. Is he reserve and his whole unit going out again?? I really support those guys and know exactly what they are going through. Although I am a Vietnam vet I am still a war vet with 50% PTSD his symptons spell trouble and you are right to worry about him. Give us a little bit more info and maybe we can help.

Strange Berta, I sent an iris a few days ago asking about a hearingloss and tininitus appeal to BVA I have in waiting to be certified to the BVA. The iris said that my claim was in the way and that would have to be finshed first. mean while I had a PTSD claim go through without a hitch inless than two months. Well today i jumped on the phone and called the 800# and they both said the same thing! Now that IS a first! The guy and Iris both said by claim for my EED for Heart disease has been ready for decision since Dec 3, 09?? I guess the VA is waiting for the rules to come out on IHd before they grant or denie?? What do the rest of you think? I haven't sent anything in and I guess they are just deciding on the information in my file?

This a very good thing for vets! But lets see if the RO's act on it??

Hi berta, looks like it's just you an me on this and i appreciate all the help. to your questions will have to go back to the info and see what it says. i will try and see if i can scan and post. id pretty good on the last one. In regard to have not used one since my last denial back in 04 I think. I was at 40% then and have moved to 90% on my own. Of course I have gotten worse heart and PTSD 50% Got that just this year 09 only took like 60 days total went pretty good. The stressor was very hard! That of feelings there that I have been bitter quite a while over. Getting help finally tried to bury it with booze and early on pot. Just have a couple of beers now and the meds I take. I still have the county as my POA but that is only to keep the VA honest. Thanks for your posts and direction you are GOOD! but you know that! If I missed a question let me know.

Boon, On my last NOD I was denied for what I was claim to reopen (hearing loss) but I was granted an EED but don't remmember what it was for?? Have to look later. In regard for you filing and being P/T IU. Your wife is right the VA will put you back through it all. They more than likely will check all your claims. I put in for a claim to reopen my claim for hearing loss and they checked me for everything I had SC. Keep that in mind.

hi Berta, The way I see the case I posted is that the BVA used the Sabonis case to denie the appeal as I symptom not a chronic disease. The reason they did that was because the symptom did not evolve to a chronic disease associated it with it. In my case the symptom of hyperlipimdia is a known risk factor of IHD which is a chronic disease and was caused by the hyperlipimedia. In the case of Sarbanis vs Brown the symptom led to a chronic disease so it was granted. If I could find the case and show it, would help. I can not seem to find the law. Ok back to my case, at my last meeting with my private cardio doc I asked him if a diagnosis of hyperlipimedia would cause the patient to be treated for it. He said most assurdly. The VA never treated it and it led to IHD/CAD. I also asked him if I had this, was this a warning sign or could it cause a chest pain he said yes again. I said would my condition have been dxed by a blood test and a stress test only? (no echocardiogram done by the VA) He said the hyptherpideia yes, but not the % of the blocked arteries. The only way would have been to do a cath if there was a DX of hyperlipimdia and he went on to say he would have ordered one and it absolutely would have prevented my myocardial infraction and also would have prevented the heart damage. Now I plan on filing for a reopen request based on this and ask for an earlier effective date of 2003. What do you and the others think?

Hi Berta, Looks like the thread has wandered a little bit. In my first post I was referencing the case of XXXXX vs Brown how do I fine that particular president setting case? If the case says what I hope it does. That if a syptom is DXed and not addressed by the VA and that symptom goes on to cause a chronic condition then there is bases for award. Thanks, Stillhere

Congrats try and enjoy!

Great dicussion! Well at least I think so below are the two denials the first one is from 03 and the second is 04. Thank you for any comments! 03 denial Service connection for Heart Pain as secondary to the service-connected disability of Diabetes Mellitus. Service connection for Heart Pain as secondary to the service-connected disability of Diabetes Mellitus is denied. The private treatment reports did not provide medical documentation to support your claim of a heart condition related to diabetes mellitus or military service. Your cardiac workup was normal. The VA exam documented your current condition as no diagnosis of a coronary condition. While you did complain of chest pain, it was not increased by activity or radiate to the neck or arms. Your stress test was normal. The service medical records were negative for this condition. There has been no medical evidence received which shows that this condition existed or that it could be linked to your military service. You have not provided medical documentation of a current.condition or a medical opinion that links this condition to your military service. The evidence does not show that Heart Pain is related to the service-connected condition of 04 denial from SOC 4. Service connection for heart pain. Service connection for heart pain remains denied because there is no evidence that a heart condition currently exists. In your Notice of Disagreement you reported that you take Lipitor for medication for heart disease that is caused by diabetes type II. During your VA examination you reported dull mid-sternal pain that is not related to physical activity. You noted that sometimes you get dizzy and that you fainted one time after having a phlebotomy. You complained of chest pain that can last for a number of hours, but that it is not increased by activity or radiate to the neck or arms. You denied taking any medication for a heart condition. You also denied congestive heart failure, rheumatic heart disease, or heart surgery. You reported that you are treated with Lipitor for heart disease. However, the evidence shows a diagnosis of hyperlipidemia only. Objective examination revealed normal heart with no murmurs, congestive heart failure, cardiomegaly, or cor pulmonale. Stress test is normal with no chest pain, premature ventricular contraction, pulmonary artery catheter, or arrhythmia. METs level is 10.1. Examiner noted there is no diagnosis of a heart condition. As there is no evidence of a current heart condition secondary to your service connected diabetes mellitus, service connection is denied.

Thanks for your reply. The reason I think this would help is that my heart attack CAD, ihd is totally connected to my having hyperlipidemia when I was having chest pains. The VA DXed it in 2003, and my cardio doc says that should have been and early indication, and led again to the cad/ihd that caused the heart attack. This ruling says in part "there is evidence of a chronic disability having been incurred as a result of hyperlipidemia." That would be the basis for an EED.

Berta picked up on this a couple of years ago. In my case for EED for heart disease I was diagnosed with hyperlipidemia that was noted in my SOC and my chest pains were denied as heart disease in 2003. I went on to have a heart attack in Oct.05 I then sent the VA the info of my hospital stay and surgery and was granted heart disease but only back to the date of my heart attack. The case below states a law where if condition such as hyperlipidemia causes a disease it should be considered back to that date. Will this help me if I refer to this law? Am i reading this right? In this case, the Board notes the facts are not in dispute and that the medical evidence of record includes findings of hyperlipidemia. The Board notes, however, that hyperlipidemia is not a disability for VA compensation purposes. Nor is there any evidence of a chronic disability having been incurred as a result of hyperlipidemia. The Court has held that, in cases such as this, where the law is dispositive, the claim should be denied because of the absence of legal merit. See Sabonis v. Brown, 6 Vet. App. 426 (1994). Therefore, the Board finds entitlement to service connection for hyperlipidemia must be denied as a matter of law.