Holllie Greene

https://www.norwichbulletin.com/news/20190712/lawsuit-against-va-in-death-of-oakdale-veteran-settled-for-2m

Hi,
The process may be/is too complicated BUT DO NOT GIVE UP ok?

Indeed! I'm 100% P&T and am not giving up on the additional claims I filed recently. I'm under 55 years of age, so having the extra protection against downgrade can be beneficial in the meantime. Additionally, it's a moral imperative to make sure the government doesn't take advantage of my lack of knowledge of the claims system, like they did in the 1990's.

In May 2019 I submitted a new claim for  6516  Chronic  Laryngitis with Dysphonia  The C/ exam was on 28 June ,  I knew when I saw the C/P exam on Monday 1 July  that I had won the claim,  ( its listed on ebenefits as of yesterday as being rated
10% ) and I also knew that I was  going to have to appeal it because the darn examiner did  not  indicated that I can only whisper....  without  a whisper the two conditions are rated  10% with the  whisper they are rated separately at 10 & 60%.... 
This new system is quicker I cannot deny this.. but they are making stupid mistakes which requires more work on the veteran and it will be years before the proper rating is awarded.
since 2016  I have acquired   4 new ratings  50%, 40% 10% 10% combined to 80%.. . ( rounded up from 75.7)
prior to that I  have additional ratings of   60% , 30%, 10% , 10% , 10% , 10 % 10% ..  combined @ 80%   ( rounded down from 83.4)
Combined all the above ratings come to 95.53 ( but the calculator won't add in the last 10% rating) 
I also have a  separate rating of 100%.
I have been  working on getting all my issues service connected and while I win,  I end up having to fight for every award.... 
In my case I am rated 100% and I have A&A @ L 1/2 and  a K award ... already...
But I have been working on getting more ratings to get a higher SMC... ( which has not paid off ) .
What really makes the system stink is that I am only being compensated for the separate 100% rating ..and  A&A plus 50% .... which means I have another 100% but I don't get credit for it at all 
The rating system sucks because as I mentioned in other postings  , three of my ratings 100%,  60% and 50% are all combined into one rating because they are for  respiratory diseases.
I also have an award of TDIU that was not revoked when I was rated 100%.....
It really stinks  that I  literally have two 100% ratings and a TDIU rating  and it doesn't help in getting any more compensation other than the 1/2 step increase in A&A....
The VA rating system is not a fair system.... because in my case I am not being compensated for my total disabilities  as apposed to the separate 100% rating.... 
but I know I am preaching to the choir..... 
anyway... its nice that did get a new win...
Added:  I forgot I also have Four 0% ratings...  Darn the Military really missed up my body.....
 

VA Press release minutes  ago
 July 5, 2019, 03:45:00 PM
This link has all the AO presumptives and reiterates the 12 mile limit info I already posted in this forum
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5280
 
The note here they added might mean they are adding more ships to the AO ships list.
 
 "For more information about Agent Orange exposure in Vietnam waters (Blue Water Navy Veterans), visit https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/vietnam-waters/. The updated web links will be live at 4 p.m. EST. Please disregard the content prior to the update."
I cant access that link yet to see what the update is.
Obviously the regulations will be shaped by HR 299- noo word on Nehmer yet but as soon as I find out, will post that info here.
 

You want a copy of the Purple Book, Berta? One of my BVA "contacts" caused one to pop up in my email box last night. I promised never to divulge the origin. I'm going to publish it on my website and sit back and wait for Judge Cheryl Mason's call. Get this, it's numbered like the M 21 for "convenience" and they don't even recognize the Manual!
Check it out--https://asknod.org/2019/07/03/the-bvas-purplebook-the-last-word-on-stare-decisis/

Well, then it's time to call CCK and ask to get in on the class action suit if you're up at the CAVC  after a BVA denial, sir. And congratulations on making it home alive. Here's my July 4th, 1970 picture. More than half of these folks were KHA/ BNR. Happy Independence Day to everyone at Hadit and Thank you for your service.

VA Resident Surgeon at the Audie Murphy  VA.. and If they had told me ahead of time that she was still learning I would never have had the surgery.....

Watch out for PREDNISONE...a very powerful drug which has positive and negative qualities.  It is the first line of defense (in both IV and pill form) for calming an exacerbation of Multiple Sclerosis.  It also causes cataracts.
I have had so much Prednisone for MS exacerbations so much so that I developed cataracts in both eyes.  Both eyes are cataract free now thanks to a local ophthalmologist well worth the cost.  I am grateful to have had the cataracts removed, the doctor said I was one of his youngest cataract patients and confirmed they were steroid (prednisone induced).
 The cataracts are secondary service connected at 0%.  Now I can buy that Porsche (not)  😐

Mine were rated 30% but... the surgeon did damage to the eye, and I ended up with pigmentation glaucoma after the surgery.

Thank you Ms. Tbird, this is excellent information.   😄

Well, this isn't quite true, sir. It might be considered CUE not to reconsider the claim under the auspices of §3.156(c). Nevertheless, VA litigators like me consider it a pending claim once the service department records are introduced (regardless if you just now found some today that were introduced in 2015 in your claims file), the best way to file for it (CUE) is a 526EZ to make it happen sooner. Why fight CUE when you can use the less onerous §3.156(c)?
Technically, you can file a CUE claim on toilet paper. There is no "proper form"controlled by §3.155 (2015 and later). Remember, you're asking for a Motion to Revise- not filing a claim for an entitlement. Before the §3.155 rule change in March 24, 2015, I used to put Tickle Me, Elmo stickers on all my 526s and 4138s.
Most folks stub their toes on CUE and lose. It's a unique legal maneuver with a long list of explicit requirements. The biggest one is if you do not file for it, you can't claim CUE on its not being awarded . VA is not expected to go on a safari through your medical records in search of every little ingrown toenail. If it is on a list of injuries at your PEB/MEB, it's fair game for a CUE. If you're expecting them to dig it out and consider it an implied claim now, you'll never get out of the gate. You have to prove it would have manifestly changed the outcome. That, folks, you can never go back in time and fix.
It's actually a piece of cake to file for it, win it and then file a NOD and ask for the earlier effective date. As we all know, you have one year to accomplish that. If you do not appeal by then, the ship sails without you. It sounds like Richard1954 had many opportunities to claim §3.156(c) as he won his claims. I routinely use this technique. Get your foot in the appeals door after your initial win and all viable arguments are on the table. Remember, if you don't appeal, it is a tacit admission you agreed with their decision. Ergo, it's right.
The Fugo court characterized CUE as a "rare error". Yes and no. It's rare if you can prove it was outcome-based. It's rare for most Vets to even find one because they assumed VA is above moral reproach.  CUEs are not rare. I can almost always find one in any efolder. It requires a keen eye and a lot of knowledge to spot VA's errors. Most antiques like this 1985 one above always go to appeal. Nobody wants their signature on a CUE for $950 K. It screws up your resume if you are asked to seek employment elsewhere.
However, Shea v Wilkie was just decided two days ago at the Fed. Circus and they say if the condition is mentioned in the MEB STRs being used to rate something else, then the VA should have enough common sense to spot the inferred claim(s). Another big step for Vetkind. You can't use it for a 1985 CUE but it is great precedence going forward.

In about 2002, the VA started placing VA employees on Military Basses. When I was living in Fayetteville,  North Carolina a friend of mine who worked as a Service Officer for the Disabled American Veterans was transferred from the VA Hospital to a newly opened VA office that was located on Fort Bragg . The reason the VA opened such offices was to handle all new claims from soldiers that were separating from service.   Talking to my friend and the VA employees at that office I learned that a C/P examination was almost never requested. The reason for this was that most if not all veterans separating received a medical examination prior to separating from service, usually within 4-6 months from separating.  The VA felt that it was a waste of time and money to order new examinations when the veteran just received one from the military, so they used the separating physicals , as a reason not to request C/P examinations. This is not to say they did not order C/P exams,  because in some cases where veterans didn't get an exit exam( far and few) and were the veteran claimed conditions on his claim form but had not been examined for the condition on exit they did  schedule C/P exams.  This also help control the backlog at regional offices , because the claims were decided at these new  VA  offices on the Bases.  Veterans separated did not have to wait  years for their claim to be adjudicated because their claims were in many if not most cases decided before the veteran even left the military.   
I suspect that your case is one where the VA decided that your separation examination was adequate for them to use to decide your initial claim.
And to be sure, the  VA  has no requirement to schedule a C/P examination where they deem one is not necessary.

Filing a claim as ETS'ing is something new to me, it did not used to be that way.  They do not give you a C&P sometimes when you have a claim with the information needed to give a rating.  If they did not do C&P's did they rate you from your service records?  That would be an ideal situation.  On the dislocation that is not considered chronic unless you can show it still causes issues other than pain, I agree pain should be rated.  On the ones you say previously rated, are they still rated?  I would pursue the headaches though. 

So a couple of things I did to get what I needed for pain.  I changed doctors at the VA ( you can do this at anytime).  Also doctors don't like this, and can be a very good bargaining chip.  A good doctor will find a way to get the pain meds you need to cope with the condition.  
Another thing I did was to get onto CBD oil (the good stuff).  I take 100 mg a day and I will tell you my mood is much better on it and far less pain.  I am able to take limited pain pill to deal with the bad stuff.  Lazuras naturals is a great site and they are keyed in on disability and veterans.  Very good discount.
Next the VA has a wellness program which includes tones of different things like acupuncture and chiropractic and message along with a lot of other classes.  
I know this crap sucks, but you can fight them and win!  

Hello!
Have spinal cord disease called Chemically Induced Adhesive Arachnoiditis of spinal cord- for forty years I am still with you. A defective Metrizamide radiopaque altered my cerebrospinal fluid for life.
It took about 14 years for VA to grant benefits, treatment, owing to a Spinal Cord Injury Service unit doing the tests instead of discriminating.  I got 100percent.  They prescribed a rather high amount of pain meds- had already taken (in 1997) gallons of NSAIDS.  Had tried all the other things.  It is inoperable. 
For 18 more years, learned to refine (lower) medications and also moved back to the troubled V.A. region of my home town- and things changed dramatically- as if they did not respect the VA courts, the VA specialists, the documents, or were defending against (nonexistent) lawsuit.  Still, they continued the medications including opioids and other palliative meds for about 17 years.
A year ago, with the FENTANYL crisis renamed the OPIOID CRISIS, I was told I should ...just watch the news... as to why I was being taken off low dose opioids (as I had self-decreased, learning what works over the decades, was doing the best ever since inservice teenager).  The V.A. CBOC (clinic) said they were unqualified to treat pain (a joke- had been treating for decades) and referred me without choice into the Choice Program where months passed without any help, into an appointment with a pit stained NON DOCTOR who wanted to put electrodes near my spinal cord.   I was explained to (but I was dumb) they were DEFLECTING and used that term.
Problem. Doctors injure me repeatedly since 1980 because they don't look into the actual disease. I can count them off.  No safe approach to spinal cord, even outside, owing to adhesions (scar tissue). Scars do not dissolve any more.  I caught Mr Non Doctor in lies like ...Hey, I treat hundreds of patients with arachnoiditis... but there are not hundreds of patients with it in the whole  USA. I have lived through many pop movements in Medicine, least harm by avoiding them.
A year passed without opioids to be SURE it was best to continue as long prescribed and last week, decided I had declined severely enough to KNOW FOR SURE it was best to have the pain control help.  It is the difference between being immobile, declining, and getting something done, ro some activity, each day- strengthening.
My current request for return to low dose opioids triggered the very recognizable same game, deflect, delay, dissuade, deny, make the veteran go away.  Could not get a message to PCP doctor- just gets routed to an underling.  Underling says ...Unless y0u are dying of cancer, we do not prescribe pain meds- I disproved him in one call (To SCI-D unit).  I told him palliative care is what is done if no treatment for a severe pain condition.  He tells me ...We did not treat you for palliative purposes- palliative means you are dying.  This is blatantly a lie.
So, I sense, from decades of experience, a familiar, mighty, brick wall of defense, The CBOC (local clinic) staff made clear they were unhappy I called the White House hotline to get a timely cardiac stress test and MRI to show the changes in the spinal cord two years back.  Eventually, I got the test and MRI and a phone call- and no paperwork sent nor allowed- ...Yah, heart is fine.   Yah, ya got a lil problem with your back.. (like saying Hiroshima had a lil fire cracker popped over it).
The underlings are expert in interpreting facts to suit their arrogance.  They have no need to merely look at the medical records and decisions even when I hand them to them.
I am convinced digital records systems means local jerks can poison others with their arrogance, their ability to ignore reality, expert findings.  The SCI-D Seattle people were supposed to call or inform me if I QUALIFY for SCI-D (Spinal cord injury or dysfunction- I am the latter).  The same game seems in play- deflect, delay, dissuade, deny, then forget and let the vet start over- this is the game of the local CBOC for some ten years (since I started anew to find if any medical advances to the spinal cord problem- this forces them to either note a doctor caused (defective metrizamide injection to spinal cord)- 1980- disease or JUST HIDE.  They just hide using delay.  This is the M.O. of much but NOT all of VA.
Frankly, am mostly in a recliner now, fear the change in spinal cord fluid (cannot dissolve neurons, glial cell defect) means the disease has worked up to neck- have all these arm, wrist, burning pains now the norm- The lower extremities hurt but in a dulled way now. All this pain, worse with activity, surely affects my fear of going out, going to doctor, and aversion to pain from (for example) going to get groceries.   Will have bowel, bladder, other, changes for days, but not for sure.  This indicates a very touchy situation, easy injury. Admit a certain psychological underlay at this juncture- not afraid to leave home, but still stuck at home.  Afraid of doctors so expert in hiding, novices or underlines so confidently lying or (at best) guessing like crazy.  The underlings PLAINLY replace access to the doctor as if I were a convict and they were the guards.  (I've been in no trouble, not accused, just an inconvenient reality they don't choose to take account of)
Conclusion.  Low dose oxycodone was long indicated by doctors for a daily pain break that works- particularly well when weaned off NSAIDS, weed, and everything else.  My life was doing the best ever a year ago- just when they pulled the rug out from under me.  By recording all calls, keeping every scrap since (about) 2002, I can prove what I say- they (Local VA) expertly try to discourage participation in their CBOC clinic- but small town hospital is not well suited for complex neurological problems.  Moving (my goal) involves a lot of pain, selling home, doing what I cannot really do- with or without pain management.
Can anyone provide insight as to how to make the blind see, the mean soften their harsh ways, the linebackers blocking me from access make a hole?

THanks for any tips- am old enough to say organs below the lungs all have problems now, got compensation for that- but VA, PVA, has no record, I do get the annual notice as we all do of compensation but it does not itemize, so I cannot prove what is known. 
It SEEMS LIKE moving back to my hometown returned me to the same pointed uselessness experienced from 1981-1990, which changed by moving to So California- then, over years, got benefits, treatment, reality, examination of body, bowels, bladder, neurology, prescriptions,  but retuning to hometown resulted in return to comedy of dark errors as if they use their skills to try to get me to go away.  The harder I tried, the better they deflect, their tricks (call back in a week, hang up in two rings, say I did not answer, long list) are so well known to me.   I do get frustrated with them, and fear the harms they manifest and subtly (sometimes) threaten.

You can call me SpiderMan because the arachnoiditis is web shaped and the spare neurons are a mixed blessing- fun to imagine some positive effect from all the scar tissue, which is actually neurons owing to altered spinal cord cerebrospinal fluid- I'm very brainy!  Just not good politically.
Here is a mid point YouTube visual of what CIAA is- mine was not from Pantopaque but from refrigerated (made toxic) Metrizamide  https://youtu.be/QL6z1DnoJao?t=208
Imagine millions of little vise grips that selectively, mysteriously, clamp from one end of neurology to the other- and nobody will ever, ever, say what it does to the brain-so I pretend I am immune to keep my sanity.

Spidey, I empathize with you.  I left VA care when they stopped "habit forming" medications.  My civilian doctor started me on opioids at the lowest dose possible and told me I would get addicted but I would be taking them for life.  I do not know what the VA is doing but they are doing it wrong.  Have you considered writing your congressman or senator?  A good well reasoned letter might be what you need, if the VA gets their back up so be it.  You are not there to please the VA.  Good luck and Godspeed. 

I hated hearing that Holliie, getting a reduction just for asking for something that happens with M.S. patients. I asked for everything I received from this ugly disease. I was lucky, never received a reduction especially for neurgenic  bladder or any other condition that has worsened from M.S. progression. Good luck in  your future struggles with the V.A..

My husband also had to resign from his job and thankfully has been able to build a business that is one that he works from home and is self employed and works his own hours around caring for me, of course he makes far less than when he was working at his last company, zero benefits, retirement, etc. but we are far better off than many pre 9/11 veterans who are severely disabled with their spouse caring for them living off what they can.  It is disgraceful honestly that the legislation was passed as it was, era should not matter, level of care needed and sc disability should. 

I have (among other MS symptoms) neurogenic bladder which has worsened and when I put in for an increase naturally I was reduced.  Makes zero sense.  Now I am in appeals-ville.
A BIG shout-out to my husband who does not get paid to care for me.  He resigned from his job for which I will be eternally thankful.
We go day by day---it could always be worse.  Staying positive.  👩‍❤️‍👨

I have (among other MS symptoms) neurogenic bladder which has worsened and when I put in for an increase naturally I was reduced.  Makes zero sense.  Now I am in appeals-ville.
A BIG shout-out to my husband who does not get paid to care for me.  He resigned from his job for which I will be eternally thankful.
We go day by day---it could always be worse.  Staying positive.  👩‍❤️‍👨

I have those issues and my husband definitely doesn't get paid a cent to care for me...........then again I have one of the crappiest RO in the country.
 

yep, and odd enough do you know how many of the veteran's are women?  VERY few, I don't know if my husband will ever apply honestly and if he does our younger children will never be present for any of these "inspections", the VA has no business when it comes to them.   We aren't people who blindly trust some crappy va social worker in the first place, and definitely not when it comes to being around our young children.  NOPE

It is said the "devil is in the details" and I did some digging after the info came out and found that home inspections (once each quarter) are required.  Nothing to hide at la maison Greene but I personally find that caveat intrusive.  🤨
 

I think this is huge news and could really force the VA to actually start doing their jobs. 
https://www.militarytimes.com/news/pentagon-congress/2019/06/17/court-allows-a-class-action-lawsuit-against-va-for-the-first-time/?fbclid=IwAR1HsZ8l8bnrI03WUb0uESmLH7BRAuRU0s1eawehDaabl8y0ufBeTjghQrQ#.XQgJRO27m0Q.facebook