stillhere

my appeal on ebenefints showed still pending and the next day I got a SOC! Stillhere

Yes in answer to each your questions. Unfortunately the VA has its on system as to how to handle request and the priory of the same. I hope you are on ebennefits by now. Kate this can not be done like anything you have ever done in business or at a shopping mall. They will get to it when they get to it complain I feel actually slows us done more. You need to get a hobby but stay alert and answer them whenever they call or you will find if you don't they will drop you like a hot potato and use their damn laws against you! Good luck, Stillhere

Just wondering since the VA is supposed to be going all electronic. Has anyone seen any kind of email list for that purpose of appeals and claims? Stillhere

John, This great and I personally would like to thank you and your lawyer for continuing the fight! I have just sent my BVA appeal and I am basing it on the fact the VA in 1984 picked a chose what evidence they wanted to use and balance of the evidence. In just a snippet from my case the VA relied in my exit exam but did not acknowledge any of the doctors note which stated I had hearing loss moderate to severe and the fact I had ear infection while in Vietnam and reported to sick bay a couple of times. I also had combat duty and a MOS that is listed on the noise list by the military. If you win your case it will help a lot of vets so it will be a fight but it surely a fight worth fighting! Stillhere

Carlie, Most of us no no politics but when it comes to running the VA it is all political. I am like Pete the top man is just hearing about this crap going on in Phoenix at least I hope? But he does need to be held accountable because it is happening on his watch and he is the top dog! If he can not get this fixed before it blows up even more then he indeed needs to step down and hopefully get someone in there that can. I don't like to say the words but yes maybe it is time for a special prosecutor to nip this crap now! Especially since they are killing vets!! Stillhere

And this set of laws/rules: §4.18 Unemployability. A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration. [40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978] Back to Top Stillhere

If you see yourself in the below description then yes you should be IU. Stillhere §3.340 Total and permanent total ratings and unemployability. (a) Total disability ratings—(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule. (2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met. (3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided: (i) That the disability must in the past have been of sufficient severity to warrant a total disability rating; (ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and (iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation. (b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence. © Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension. [26 FR 1585, Feb. 24, 1961, as amended at 46 FR 47541, Sept. 29, 1981]

Yes get champ va it will act as her secondary and pick up charges that her insurance doesn't pay. And doesn't cost anything plus, it will be all set up when she does retire. Main point check all benefits that are available to you and your right when you get 100/iu also make sure you check your states benefits for veterans that are 100%. I pay no taxes on my home where I live, saves about 5,400 a year. Stillhere

I have often thought this about the VA especially after my bother was killed at the VAMC in DC! How can any vet trusts these bastards now after this has been proved! just wait until all the public gets the new hospital care out there and then see how many start dying. Stillhere

Back when Vietnam was becoming such a pain in the butt for the nation. Guys deserting or leaving for Canada I decided to join the Navy! Well went to take the test at Aberdeen Proving Grounds in MD.I past the written test with know problem but they would not take me because of a hearing test I had! I was pretty bummed out at the time so I continued my hippie ways figuring my uncle did not want me. As most of you Nam vets back then we had a thing called the draft so here I go and sign up for that and I told them about the Navy and they said ok. They gave me a test and marked me 4F? I said hey what about my hearing test and they said no problem there? Long story short I ended up winning the lottery and was called up. Now I was pissed but hey you remember there was nothing to do. Now I am sitting here getting ready to go to BVA on an appeal for my hearing. Can anyone think of anywhere I might be able to get that test from the Navy? Or is this just blowing smoke?? Stillhere

KETCHUP56, Just a thought have you had or made any attempt in all this to get your congress folks involved. I would think this would be in their best interest to get this settled and reported on the news! Goodluck to you! Stillhere

Well Welcome to Hadit! My first thing would tell you to calm down and I know it is going to be hard for with all the things you have on your plate. Do you have children that my be able to help while you are running around with all the medical keep your vet alive? A;; the info above is correct and some of the best for you! Start cleaning the mess up like Berta and John have said and you should fine. Keep coming here if you can. Stillhere

You should really do as John says and soon. The climate out there on PTSD is in a bad situation again with the second Ft. Hood shooting. Feels almost like the times with My lai in Vietnam to me, panic is starting to grip and that is not good for anyone! We all need to get a grip and the media needs stop and talk first about a veteran did this when every bad thing comes up!! Stillhere

i would stay on the won that you feel will give what you want. of course you again could list all the laws you feel they did not follow and get all said and done that way. might be easiest to and you would be finished! Stillhere

Can you or do you work? why hasn't the va given you iu? Stillhere

john didn't Ken Carpenter help with yours?

Well finally found a lawyer I hope will help me win the proper date for my hearing loss claim. Here is actually in Co. but has office here in DC so planning on sending back the form 9 shortly then I guess he will take over for the duration. One thing I like about him right of is he answered my email right on a Sat. so sounds to me like he is serious. Ill will keep update but got by SOC last week after spending close to a year for recon that did not work filed the NOD and that took right on another year! Did not want to go the CUE route but looks like that is what he plans on doing so we will see how this works out, Stillhere

I have heard of meds being used for ratings such as ED which appears to be pretty commonly granted. In you case you are probably fishing because if the side effects bother you then you stop taking them. If they could dx a problem why they are bothering you, then maybe you would be granted under that dx but I don't see them giving you a rating for just side effects. Stillhere

go get them Berta! yea!

Ruready I agree with you !!0%!! Can somebody come up with an answer as would the RO's do but deny,deny,deny! I am preety sick of this stiff too! I asked for reconsideration first after a denial for an EED and lots here said that won't get and they were right and even I thought so. But I thought in their denial I might found out something that I need to do? Well the RO came back in the denial saying that in order for them to even consider changing my effected date I would have to put in for a NOD or a CUE! Ok that made sense but that was all it said. That took almost a year. Last week I got a SOC and basically says nothing just a bunch of jumbo about laws and regs and did not help me any. After reading this thread by Ruready I went back and looked at my claims and sure enough the RO really only agreed or should I say gave me JUST the presumptive of agent orangeissues , all my other things were awarded by the BVA!! So why do we have to play their games for 2-3 and yes 4 years hoping we die in the mean time??? We should be able to appeal directly to the BVA! Just really pissed right now and looking for a lawyer to take this over and give my heart a break!!

If ebennies is showing an increase look at your payment amount and see if it is more. Lots of times money get there before a letter SOC of decission. Also is the upgraded % what you were asking for? I have never trusted a thing the Peggys say. If you have the RO"s fax number send them a fax and see if they respond. Oh and iris is another good option. Stillhere

I think I just called them way back when. But if you are on ebenefits there is a spot there to sign up for it. Stillhere

If you are now 100% T&P for the same issues that you filed for IU then YES I would appeal for the EED! Stillhere

Navy in the document review it says you do not use a computer where did that come from? First time out I was PTSD at 50% with a gaf of 50 and I actually thought I was more like 30% if anything, and while not a social butterfly I do get out especially when my wife wants to go somewhere of course I never have a good time though! Stillhee

It appears that they have as you say lumped your insomnia into you PTSD and trying to screw you because you don't have all of the above as you say. Bottom line you DO NOT have to have all of the above you just need to show you have one or maybe two. The compensation of disabilities are taking hits just like the retirees are on budget cuts! If you meet with your VSO they may consider you feel a reconsideration which is the quickest and you can point out to them in your letter why you feel you should be rated 50% (always ask for higher %) Also have your vet counselor write a letter on how you suffer. Stillhere