allan

Josephine, A Psychiatrist takes precedent in their evaluations & opinions of mental disorders, over anyone else. Works that way in our courts as well. If you can arrange it, I think it would be better to get your own Psychiatrist examination to submit. It might be better to wait until after the VA receives the opinions from their Psychiatrists. Allan

Hello BETRAYED, VARO doctors work for the dept of veterans affairs. than theres the other reason. VARO doctors work for the dept of veterans affairs. Their actions reflect their instructions.

In my C-file, I found a sheet that lists the dates I filed for issues & where filed & through what POA. Have you come across anything in your c-file, or have you not been able to get anything from them? They kept me in that state for over 20 yrs. It's very frustrating dealing with an agency that does nothing but drag its heels, while bragging about being the best at everthing, in the Galaxy.

Thanks Jon. That explains why overnight takes a couple days or so from Spokane VAMC.

Congratulations Steve!!!

>Those regulation that you posted pertain to the BVA! Vike 17 Reconsideration? thought it was the same for BVA, VARO, appeals center, etc. Thanks for clearing that up. >I couldn't believe the VARO had taken my IMO statement and disected it, scrambled it, changed it, and distorted it; thus, had grounds for denying my claim. 68'army, It should be no surprize. This is the "duty to assist" we recieve & have discussed constantly for a decade on this board. The only other option is to pay you. That is not part of the currant agenda to fund this war. You will need to send in another IMO rebutting everything they used to deny. More than likely, there is NO sound medical logic or science applied to the reason or basis for the denial. If the RO was required to provide a legal bases for the denial, it was actually inforced, it would put a stop to much of this corruption. It wouldn't hurt us to pray for the honest claims adjusters once in a while. There is a shortage of them across this country.

Hello Boats, I spent a little time as a deck ape. If the chromate & red lead didn't do it, chipping & grinding on that non skid coating will. Once it's in the sinuses, it can cause problems throughout the body.

IS MILITARY RESEARCH HAZARDOUS TO VETERANS' HEALTH? LESSONS SPANNING HALF A CENTURY http://www.gulfweb.org/bigdoc/rockrep.cfm

Try some of these links....... http://www.atsdr.cdc.gov/HEC/CSEM/exphisto...ure_history.pdf http://www.bna.com/current/osh/topp.htm http://ntp-server.niehs.nih.gov/ http://www.ncbi.nlm.nih.gov/ http://www.inchem.org/ http://clu-in.org/pub1.cfm http://ntp.niehs.nih.gov:8080/

>I filed for benefits in 1978 and received no Statement of Case, only letter from counselor - no service connection. I was not sent any papers to appeal. That was all that was in the envelope, with no reasons. hello Josephine, I believe retro goes back to the date you originally filed. But they have alot of way to get out of it I think. my 1978 denial is the same way. I got one sentence. It says,"the records do not support the claim". Thats it. Not sure if they had to issue a SOC or any reason or basis back than. A copy of my service records was requested by the SO, but I never recieved one piece of paper until 97'. Mine has a date on it. Have you tried getting another copy of it? Allan

Here's 3 more....................... §20.1000 Rule 1000. When reconsideration is accorded. http://www.warms.vba.va.gov/regs/38CFR/BOO...20/S20_1000.DOC 20.1001 Rule 1001. Filing and disposition of motion for reconsideration http://www.warms.vba.va.gov/regs/38CFR/BOO...20/S20_1001.DOC 20.1003 Rule 1003. Hearings on reconsideration http://www.warms.vba.va.gov/regs/38CFR/BOO...20/S20_1003.DOC

Section B. Reviewing for New and Material Evidence http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secb.doc

Toxicological Profile Information Sheet http://www.atsdr.cdc.gov/toxpro2.html

The care providers are not selecting a 90 day supply. Providers are also spacing signing the renewal slips further delaying medication shipments. Theres a main supplier that can also screw up the orders & delay shipments. Suddenly withdrawing from your medications may cause sudden death, depending on what your taking. Taking more than one antidepressant at one time, may also cause a toxic state. I've been put through this, several times a year. Most of the time, I hear it's the Dr's forgetting to sign off on the meds. What a shock to hear Sen Craig helped at all. Maybe he's trying to change his ways? Im glad to here his office was able to help.

Ed's Medical Terminology Page http://www.pathguy.com/medvocab.htm

>These new statements were made part of my record. Thank you Hoppy. ME? The major difference that separates MS from the rest, is MRI's & brain lesions over space & time. TBI will leave some of the same white matter lesions. But does not change over time. The lesion & their locations remain the same. With MS, you must have MRI's that show change over time & have at least "ONE" lesion show up in the corpus callosum. Oglonical bands in the spinal fluid? Over 20% of patients with MS, show negative. Same with the light flash tests. Vision & certain types of hearing loss, also help make a determination. Another thing. The rest of the health care world, views your medical history before a diagnoses is given. NOT THE VA. They're neurologists may also have a tendency to OVERLOOK lesions in the corpus callusom. It's good to get a second opinion if brain lesions do show up on the MRI. Allan PS, body temp averages around 95 degrees. Has been as low as 93.

drkestlight, You need to put it back in their hands as soon as possible. Request a local hearing. At the hearing, explain your situation, write down you never recieved the notice & sign it. Give it to the hearing officer. Don't get into another writing campain. THey will likely bury your claim in a pile. Claim? What claim? You can expect some type of retaliation & possibly sitting here with me 10 years from now, wondering when it will be finalized. Its a two year wait, once you write the congressperson. Do not expect, anything to come of it, except the passing of time. It a good idea to get a script for . Two side effects from doing bussiness with such a seamless & smooth operating agency of such high quality, is anxiety & depression. They care so much about your mental status, they will load the gun & tape it to your head. If your wife & family members don't back off, its likely to dig you a hugh hole. I know vets are encouraged to & need to try to put a stop to this stuff. But the truth is, If you don't have an attorney & a team of news agents trampling all over the VA, asking questions, it's not likely to help you. But it is likely to delay your claims process. The more heat you bring them, the more they will be determined to keep you quite. The only thing Nicholson is focused on, is the bad rap the people are giving him for such an "outstanding" effort on his part. He will do all he can for the decider. Keeping the whiners heads down & the noise from the media down is going to be a new goal. I watched Nicholson on TV the other day. You could see he had absolutely no interest in what Vets need. His reputation & what all these liers are saying about him is where his thoughts are. He looks to me like he turns in all this stuff to the prez, & thats as far as his skills take him. Im not trying to say everyone needs to keep their mouths shut. But its ot going to hurt anyone to bite their lip & get into a hearing & try to get the "claims" issues resolved first. PS.......nothing at the VA is a slam dunk. Except the sound of your evidence hitting the round file.

§20.1001 Rule 1001. Filing and disposition of motion for reconsideration. (a) Application requirements. A motion for Reconsideration must be in writing and must include the name of the veteran; the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf); the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans’ Appeals decision, or decisions, to be reconsidered. It must also set forth clearly and specifically the alleged obvious error, or errors, of fact or law in the applicable decision, or decisions, of the Board or other appropriate basis for requesting Reconsideration. If the applicable Board of Veterans’ Appeals decision, or decisions, involved more than one issue on appeal, the motion for reconsideration must identify the specific issue, or issues, to which the motion pertains. Issues not so identified will not be considered in the disposition of the motion. (b) Filing of motion for reconsideration. A motion for reconsideration of a prior Board of Veterans’ Appeals decision may be filed at any time. Such motions must be filed at the following address: Director, Management and Administration (01E), Board of Veterans’ Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. © Disposition. The Chairman will review the sufficiency of the allegations set forth in the motion and, depending upon the decision reached, proceed as follows: (1) Motion denied. The appellant and representative or other appropriate party will be notified if the motion is denied. The notification will include reasons why the allegations are found insufficient. This constitutes final disposition of the motion. (2) Motion allowed. If the motion is allowed, the appellant and his or her representative, if any, will be notified. The appellant and the representative will be given a period of 60 days from the date of mailing of the letter of notification to present additional arguments or evidence. The date of mailing of the letter of notification will be presumed to be the same as the date of the letter of notification. The Chairman will assign a Reconsideration panel in accordance with §19.11 of this chapter. (Authority: 38 U.S.C. 7103, 7108) [57 FR 4109, Feb. 3, 1992, as amended at 67 FR 16023, Apr. 4, 2002] SOURCE: http://www.warms.vba.va.gov/Regs/38CFR/BOO...20/S20_1001.DOC

TRANSMITTAL #: 49 DATE: 11/29/2002 TRICARE CHANGE #: N/A CHAMPVA POLICY MANUAL CHAPTER: 3 SECTION: 1.3 TITLE: RECONSIDERATION/APPEAL OF CLAIMS AUTHORITY: 38 CFR 17.270(a) and 17.275-278 I. DEFINITION An appeal is a request for an administrative review of a decision. II. POLICY A. If a health care provider, beneficiary, legal guardian or beneficiary’s representative (designated as such in writing by the beneficiary/legal guardian) disagrees with the initial determination concerning covered services or calculation of benefits, he or she may request reconsideration. B. Requests for reconsideration must: 1. be submitted to the Director, Administration Division, Health Administration Center (HAC) in writing, 2. be submitted within one year of the date of the initial determination (an initial determination may be an explanation of benefits (EOB) or letter), 3. state why it is believed the decision is in error, and 4. include any new and relevant information not previously considered. C. A request for reconsideration that does not identify the reason for the dispute will be returned without further consideration. D. An untimely request for reconsideration will be denied. E. After reviewing the claim and relevant supporting documentation, a written determination will be issued. 1. The determination will affirm, reverse, or modify the original determination. 2. The request for reconsideration will be reviewed on the merits of the documentation and/or argument made in support of such request. 3-1.3-1 TRANSMITTAL #: 49 DATE: 11/29/2002 TRICARE CHANGE #: N/A 3-1.3-2 F. If there is still disagreement, a written request for review to the Health Administration Center (HAC) Director may be made within 90 days of the date of the first reconsideration decision. 1. The Director or designee will review the claims and any relevant supporting documentation and issue a decision in writing that affirms, reverses, or modifies the previous decision. 2. The decision of the Director with respect to benefit coverage and computation of benefits is final. G. Board of Veterans Appeals. 1. Appeals based on administrative requirements may be appealed to the Board of Veterans Appeals in accordance with 38 CFR 20.10(b). 2. The Board’s jurisdiction extends to questions of eligibility. 3. Medical determinations, such as the need for and appropriateness of specific types of medical care or treatment, are not appealable to the Board. 4. HAC determinations regarding the Board’s jurisdictional authority may be appealed to the Board. For example, if HAC denies skilled nursing services as not medically necessary and the beneficiary requests an appeal to the Board, that request would be denied as not within the Board’s jurisdiction. It is the decision regarding the Board’s jurisdiction that could then be appealed. *END OF POLICY* SOURCE: http://www.va.gov/hac/forbeneficiaries/cha...ap3/1c3s1.3.pdf

Pete/Vike, I read that this guy thinks that if the VA is granting claims for MS, that they have a reason to do so. Not that he has a gripe about the vet getting the benefit. If, as some believe, the causative agent is a mycoplasma, vaccinations could conceivably be the mode of transmission. What bothers me most is that I'm sure the VA and the DOD have research that justifies granting this disability to thousands of veterans. If they have information that connects MS to military service, then we should all know what that information is. Multiple Sclerosis is a serious and growing disorder that afflicts millions of persons. To purposefully withhold information that would better our understanding of this disease is unjustified.****** The question is, is there a connection between the vaccinations military personel are given & Multiple Sclerosis, neuromuscular disorders of unknown causes, etc? If so, & the DOD is aware this takes place & why, they should share this information. Maybe you know this guy or something. Not sure why you think he's a jerk. I often take things out of context, so If I missed something here, could you point it out? Allan

VA/DoD Clinical Practice Guidelines http://www.oqp.med.va.gov/cpg/cpg.htm

Master Index of Army Records http://www.army.mil/cmh-pg/reference/records.htm

October 10, 2002 Cold War Bio-Weapon Tests Included California Defense: Secret trials in six states, from '62 to '73, were to track dispersal patterns, officials say. By JOHN HENDREN, TIMES STAFF WRITER WASHINGTON -- The Pentagon sprayed biological and chemical agents off the coast of San Diego during the Cold War, part of a series of previously undisclosed tests in several states that exposed troops and perhaps thousands of civilians to the compounds, defense officials said Wednesday. In all, 27 newly disclosed secret tests were conducted in California, Alaska, Florida, Hawaii, Maryland and Utah, officials said. The tests, conducted from 1962 to 1973, were also carried out in Canada and the United Kingdom. In February 1966, a Navy vessel in the Pacific Ocean off the coast of San Diego was sprayed with methylacetoacetate, or MA, a chemical that irritates the eyes, skin and respiratory tract but is not considered hazardous by the Environmental Protection Agency. In a second test in the summer of 1968, MA and Bacillus globigii, or BG, were released in the same waters. A bacterium related to anthrax, BG was later found to infect people with weak immune systems. No civilians are thought to have been exposed to harmful agents in those tests because they were carried out over the ocean. It was the first time the Pentagon has acknowledged that it used the agents on U.S. soil and that civilians may have been exposed during the tests. The Defense Department previously revealed that 10 tests were carried out during the Cold War on U.S. ships to determine how they would perform under chemical or biological attack. The Defense Department released the information at a House Veterans Affairs Committee meeting Wednesday; some elements were leaked to reporters Tuesday. Military officials insisted that none of the agents used near civilians was thought at the time to be dangerous, although some—including E. coli bacteria—were later found to be harmful, even deadly. In 21 tests on land and six newly reported tests at sea overseen by the Deseret Test Center at Ft. Douglas, Utah, live biological agents and lethal chemicals—including sarin and VX—were sprayed not only in the six states, but at or near military facilities in Puerto Rico, Canada, the United Kingdom, the Marshall Islands, Baker Island and over international waters in the Pacific Ocean. The 37 tests disclosed so far affected about 5,000 service members at sea and 500 on land from 1962 to 1973, defense officials said. The Pentagon has notified about 1,400 of those soldiers about the secret testing regimen, dubbed "Project 112." The Deseret test center reported that four people were infected at the time and successfully treated. Veterans Affairs officials said they were studying the phenomenon; 53 veterans have filed health claims since the 1990s. The claims blame what they say was their exposure to the chemical or biological agents for a variety of ailments, including muscular, skeletal, digestive, hearing, skin and cardiovascular disorders. Defense officials said the Pentagon has no process for notifying civilians who may have been exposed in the U.S., including those possibly numbering "into the thousands" on Oahu, Hawaii. Pentagon officials believe local authorities were notified of the tests at the time, said William Winkenwerder Jr., assistant Defense secretary for health affairs, but most citizens apparently were not. Veterans advocates said lower-level soldiers also were unaware, although defense officials insisted the soldiers were protected by chemical gear and masks. "We're making this information available so that anyone who believes there may have been some ill effect could come forward," Winkenwerder said. Civilians were not believed to have been affected in California because the four tests conducted there—including two first reported Wednesday—were all conducted off the San Diego coast in the Pacific Ocean, according to the Pentagon analysis. Defense officials insisted that civilians were exposed only to live biological agents that simulated more deadly agents in the way they spread, but were themselves believed to be harmless. However, the simulated substances included E. coli and other agents that were later found to be harmful or fatal to young children, the elderly and those with compromised immune systems. Even soldiers and sailors exposed during the tests "may not have known all the details of these tests," Winkenwerder said. "Most of these people didn't have a clue what they were part of," said Kirt Love, a veterans advocate with the Desert Storm Battle Registry who contended that in many cases only senior officers were aware of the tests. "These were not safe agents at the time." After the report was released of the House Veterans Affairs Committee hearing, it was detailed at a Pentagon briefing. Defense officials said the tests were conducted for potential offensive use against U.S. enemies and for defense against the Cold War biological and chemical weapons arsenal amassed by the Soviet Union. The Navy trials tested the ability of ships and sailors, clad in chemical defense gear, to perform under a chemical or biological attack at sea. The land-based tests were done to evaluate how the agents dispersed, officials said. Desert tests such as those in Utah helped the Pentagon amass much of the information the military has on how chemical and biological agents would perform in desert areas such as Iraq, said Anna Johnson-Winegar, the Pentagon's assistant secretary for chemical and biological defense. "The purpose of these operational tests was to test equipment, procedures, military tactics, etc., and to learn more about biological and chemical agents," Winkenwerder said. "The tests were not conducted to evaluate the effects of dangerous agents on people." The United States ended its biological weapons program in the 1960s and in 1997 signed a treaty agreeing to destroy all of its chemical weapons. Funding and disposal issues have delayed much of that process, leaving stores of lethal chemicals at several military sites throughout the nation. Today, defense officials insist that the only testing of toxic and biological agents in the United States is given to chemical specialists among the armed services at a tightly contained testing facility at Ft. Leonard Wood, Mo. So-called stimulants still are used elsewhere. The disclosures are unlikely to be the last from Project 112. The military had planned 134 tests; 46 were conducted, 62 were canceled and the status of the remainder is unclear. The newly disclosed tests used a variety of agents under various conditions. Tests in the late 1960s in Porton Down, England, and Ralson, Canada, used tabun and soman, two deadly nerve agents. In the 1965 Oahu test, BG was sprayed in a simulated attack called "Big Tom." Near Ft. Greely, Alaska, researchers tested how deadly sarin gas, the toxin members of the Aum Supreme Truth cult used in 1995 to kill commuters in the Tokyo subway, would disperse after being released from artillery shells and rockets in dense forests in a test dubbed "Devil Hole I" in 1965. A year later, VX agent, which lingers like motor oil in deadly pools, was released by artillery shells in "Devil Hole II."

Former Marine Claims Illness From Mystery Vaccine Military Source Believes Experimental Shots May Have Been Given POSTED: 3:03 pm EDT May 7, 2007 UPDATED: 6:53 pm EDT May 8, 2007 Email This Story | Print This Story Sign Up for Breaking News Alerts CLERMONT COUNTY, Ohio -- Target 5 has discovered that an alarming number of U.S. troops are having severe reactions to some of the vaccines they receive in preparation for going overseas. "This is the worst cover-up in the history of the military," said an unidentified military health officer who fears for his job. A shot from a syringe is leaving some U.S. servicemen and women on the brink of death. "When the issue, I believe, of the use of the vaccine comes out, I believe it will make the Walter Reed scandal pale in comparison," said the health officer. Lance Corporal David Fey, 20, has dialysis three days a week. His kidneys are failing, his military career is over, and he feels like his country abandoned him. "I can't look at my old pictures. I really can't," said Fey. "I start looking at my old pictures, and I start crying." Fey grew up amid the farm fields of Clermont County. "I never missed a day at school," he said. "I was never sick. I was never sick." A passion for sports and a sense of patriotism prompted the Blanchester High School athlete to join the Marines the day he turned 18. "I looked at every branch, but I wanted the Marine Corps, because the Marine Corps was the few and the proud," said Fey. Fey said he loved every minute of boot camp and combat training at 29 Palms in California. But on Nov. 28, 2005, his life would change forever. Fey was one of a group of Marines who lined up for an undisclosed shot. "They asked us our name. We stood on these yellow footprints, and they gave us this shot, and we got the rest of the day off," he recalled. "After that shot, I started swelling up. I gained 30 pounds of water. My eyes swelled up where I couldn't see. I started snoring. I developed a rash on my hand." Three weeks later, Fey was back in Clermont County on his death bed at Clinton Memorial Hospital. His kidneys were failing, and his body was so swollen that it left stretch marks. "I would pray a lot," said Fey's mother, Cindy. "I would pray a lot, 'God take him.' When I couldn't hug my son because he would scream in pain or yell at me for touching him and stuff, I used to pray to God, 'just take him tonight.'" Cindy Fey began pouring over medical records in search of answers. She said the shot was never listed in he son's medical records. The military claimed he never received a shot. But as Target 5 discovered, the military's story would change. The Department of Defense stated that "all service members' vaccinations are documented in the individual's permanent medical record." But Fey's military medical records revealed no shot on that day. Another Marine in Fey's unit told Target 5 that there is no shot listed in his medical records either and also said that the people who administered the shot never told his unit what it was. When Cindy Fey called the U.S. Marine Hospital in 29 Palms to find out what kind of vaccine her son was given, she was told that the information was confidential. Eleven months later, her son's medical records were mysteriously changed with a handwritten notation indicating that the mystery shot was a flu vaccine. The military official who spoke to Target 5 on the condition of anonymity said that it was not surprising that nothing appeared originally in Fey's records. "We have a lovely term for that," he said. "We call it C.Y.A. That's unfortunately an S.O.P. in the military." Fey is one of a growing number of U.S. servicemen and women who are getting sick after receiving vaccines. And the highly praised Department of Defense medical officer who spoke with Target 5 said that the number is up in the thousands. The symptoms range from joint aches and pains and arthritic symptoms to death. The Department of Defense said that it encourages "healthcare workers and vaccine recipients to report adverse (reactions) events." But the military never reported Fey's reaction to the Centers for Disease Control and Prevention, and the FDA. "I see the way the propaganda and information war is waged against America's sons and daughters and how patients are treated who claim to be injured from a vaccine," said the unidentified health officer. "That's troubling. That should trouble America." The officer said those who have claimed to have had adverse reactions to shots are treated like it is all in their heads. Asked whether servicemen and women are receiving experimental vaccines, the officer said, "I would hope to God not. But from what I've seen, I would have to say yes." The Department of Defense maintains that the vaccines given to U.S. troops are safe. Meanwhile, Fey is still waiting for a kidney transplant. "My biggest wish -- just to get up and be without pain," he said. "To get up and just be happy again." Fey's mother has been in contact with U.S. Sen. Sherrod Brown in an effort to receive some answers. Target 5 contacted Brown's office and received the following statement: “My office is in frequent communication with the Marine Corps and the family, and we’ve requested answers to the family’s specific questions. I have also assisted Mr. Fey in receiving his VA benefits for health care, service-connected disability, and education assistance. His mother has been a strong advocate on his behalf, and I look forward to continuing working with her to resolve outstanding issues. It is imperative that everything possible is done to keep the brave men and women serving in our military safe.” Copyright 2007 by WLWT.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. SOURCE: http://www.wlwt.com/news/13271378/detail.html

Department of Memorandum Veterans Affairs Date: June 23, 2006 VAOPGCPREC 3-2006 From: General Counsel (022) Subj: Multiple Ratings under Former 38 C.F.R. § 4.71a, Diagnostic Code 5285 (2003) To: Chairman, Board of Veterans’ Appeals (01) QUESTION PRESENTED: Does former 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5285 (2003), authorize a single 10-percent additional disability rating based on demonstrable deformity of a vertebral body, or does DC 5285 permit multiple 10-percent additional ratings for multiple deformed vertebrae? http://www1.va.gov/ogc/docs/PREC3-2006.doc