allan

VNVets NewsFlash: Read House Bill 6562 Introduced by Filner today! Ladies and Gentlemen, we introduce to you House Bill 6561, The Agent Orange Equity Act of 2008. Visit http://www.feedblitz.com/t.asp?/42575/5531...ts.blogspot.com VNVets Blog and read it. Representative Bob Filner [D-CA], the Chairman of the House Veterans Affairs Committee introduced the bill this afternoon at a ceremony on the terrace of the Cannon House Office Building. More details on today's events, including photos! will be posted tomorrow. VNVets!

M21-1 Part VI 3.13 c (1) search 3.13 REASONS FOR DECISION a. General. Support conclusions with the necessary level of analysis and explanation. For example, where service-connection is being granted, explain why it is being granted, why a particular evaluation is being assigned, and why the particular effective date is being selected. Only cite facts which are pertinent to the decision. Reasons and bases paragraphs containing only conclusory statements such as, “The evidence does not warrant any change in the prior evaluation” are inadequate without an analysis of the credibility and value of the evidence considered. See Training Letter 02-02 dated June 19, 2002. b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. Do not quote at length from letters, affidavits, hospital reports, etc. c. Next Higher Evaluations. When assigning a disability evaluation, if a higher evaluation is possible under a particular diagnostic code, discuss the criteria for the next higher evaluation. If the reason the veteran does not meet the requirements for the next higher evaluation is not readily apparent, be sure to explain why. Confine the explanation of the criteria for the assigned and next higher evaluations to the diagnostic code under which the disability is evaluated. In the case of hearing loss or visual impairment, a general statement such as “higher evaluations are assigned for greater loss of hearing (or vision)” will be sufficient. (1) If service connection is granted, do not relate all the details of treatment in service. A simple statement that the enlistment exam was negative and that beginning on a particular date prior to separation the veteran was treated for whatever condition was diagnosed is usually sufficient. The next entry in the paragraph should be the findings from the current exam or a citation of whatever evidence is necessary to establish chronicity and continuity. If the cause of several claimed disabilities is the same, such as one accident, information concerning the origin need only be discussed in detail once in the reasons and bases paragraph for the first disability of common origin. http://www.warms.vba.va.gov/admin21/m21_1/part6/chg100.doc

Military Service And Social Security 2008 Extra earnings Your Social Security benefit depends on your earnings, averaged over your working lifetime. Generally, the higher your earnings, the higher your Social Security benefit. Under certain circumstances, special earnings can be credited to your military pay record for Social Security purposes. The extra earnings are for periods of active duty or active duty for training. These extra earnings may help you qualify for Social Security or increase the amount of your Social Security benefit. If you served in the military after 1956, you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security. Under certain circumstances, special extra earnings for periods of active duty from 1957 through 2001 can also be credited to your Social Security earnings record for benefit purposes. From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits. From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record. After 2001, there are no special extra earnings credits for military service. The information that follows explains how you can get credit for special extra earnings and applies only to active duty military service earnings from 1957 through 2001. From 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay. From 1978 through 2001, For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn’t complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details. If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, your Social Security record may be credited with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, under the following circumstances: You were honorably discharged after 90 or more days of service, or you were released because of a disability or injury received in the line of duty; or You are still on active duty; or You are applying for survivors benefits and the veteran died while on active duty. You cannot receive credit for these special earnings if you are already receiving a federal benefit based on the same years of service. There is one exception: If you were on active duty after 1956, you can still get the special earnings for 1951 through 1956, even if you’re receiving a military retirement based on service during that period. These extra earnings credits are added to your earnings record when you apply for Social Security benefits. NOTE: In all cases, the additional earnings are credited to the earnings that we average over your working lifetime, not directly to your monthly benefit amount. http://www.ssa.gov/pubs/10017.html

You have to have earned, 20 credits out of the last 40 quarters worked. It has to be over the last 5 years, not lifetime of employment. I was one month shy of 40 quarters worked and the SSA denied for SSDI but granted SSI. Some 10 years later, I find out about the extra credits and earnings a vietnam era veteran may have applied. No one, not the SSA or DVA informed me of this. When I asked, I would only get, yes we applied it. They stalled and stalled but after pushing the issue for the SSA to show in writing just how it was applied, they couldn't. I recieved 10 years retro and the SSDI acount was approved. Never did get it in writing how they added it to it, but it won my SSDI & that was what I was after. Like the DVA. If theres an error on their part, that is cue & they have to pay retro back to the date of the error.

My claim set before a DRO for four years, while he rubber stamped the same lame SOC's out. He stalled my claim for nearly 2 years over getting SSA records that had long ago been destroyed and health care records from a chiropractor I saw once 30 years ago. All this while completely ignoring a VAMC C&P dept exam, with favorable opinion. I hope yours will not be denied. But I would put "NO" faith in this outfit doing the right thing by prossesing your claim fairly. It's all about their money and keeping you from any benefit if possible. Theres a Haliburton a friend of a friend knows, that needs it much more than you.

M21-1MR, Part III, Subpart vi, Chapter 1, Section A. Compensation and Pension Service Guidance Subject: Central Office Guidance, Equitable Relief, and Other http://www.warms.vba.va.gov/admin21/m21_1/...1/ch01_seca.doc

John, I searched for an hour but could nor find the link. It was a direct cut and pasr from the m-21 manual. Came across this in my search though. Does it answer the question......So, Allen and Berta, if the VA does not address all the evidence is that a CUE according to M-21? §20.1403 Rule 1403. What constitutes clear and unmistakable error; what does not. (a) General. Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Generally, either the correct facts, as they were known at the time, were not before the Board, or the statutory and regulatory provisions extant at the time were incorrectly applied. ( Record to be reviewed. (1) General. Review for clear and unmistakable error in a prior Board decision must be based on the record and the law that existed when that decision was made. (2) Special rule for Board decisions issued on or after July 21, 1992. For a Board decision issued on or after July 21, 1992, the record that existed when that decision was made includes relevant documents possessed by the Department of Veterans Affairs not later than 90 days before such record was transferred to the Board for review in reaching that decision, provided that the documents could reasonably be expected to be part of the record. © Errors that constitute clear and unmistakable error. To warrant revision of a Board decision on the grounds of clear and unmistakable error, there must have been an error in the Board's adjudication of the appeal which, had it not been made, would have manifestly changed the outcome when it was made. If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable. (d) Examples of situations that are not clear and unmistakable error. (1) Changed diagnosis. A new medical diagnosis that "corrects" an earlier diagnosis considered in a Board decision. (2) Duty to assist. The Secretary's failure to fulfill the duty to assist. (3) Evaluation of evidence. A disagreement as to how the facts were weighed or evaluated. (e) Change in interpretation. Clear and unmistakable error does not include the otherwise correct application of a statute or regulation where, subsequent to the Board decision challenged, there has been a change in the interpretation of the statute or regulation. (Authority: 38 U.S.C. 501(a), 7111) http://www.warms.vba.va.gov/regs/38CFR/BOO...20/S20_1403.DOC

My appeal was sent to the BVA in "1998", so I may not be the one to provide a + answer. Allan

That is like saying guilt by association.. I want to add that I do not have proof, and this is just an opinion. But all these bonuses for denying our claims is one incentive the DVA offers to these bandits. It's a do what ever you want, we're not responcible for your actions situation again. So yes in my opinion, they are guilty by association and should be investigated for it. It's been going on with QVC before this. Your probably a VA rater/NSO teac, by the way your always getting butt hurt over any accusations against the DVA. I for one am glad your on this board. You provide alot of help to us. But you got to know by now, I nor anyone else have to look very hard to find DVA's hands to be dirty. Best thing that could happen for all, is the DVA to clean up their act and quit stealing from US Veterans, their widows and children and calling it a fair claims process. Robbery? well theres no gun involved so i'll give you that one. Guilty by association? Lets see what comes out of the investagation the next administration conducts. My money is on it being political.

Some people are just looking for reasons to find fault with the va.... This isn't the first time and I doubt it will be the last DVA or their contractors will be in the news for this unless CONGRESS throws some of you in jail for it by passing protection laws for Vets. You might be right. I just should not trust & beleave these lyin eyes.

NEWS AND NOTES FOR FLORIDA VETERANS Veterans Service Center, VA Regional Office St. Petersburg, FL February 2008 The "News and Notes for Florida Veterans" is published monthly by the Veterans Service Center, VA Regional Office, St. Petersburg, Florida, to provide information on VA benefit programs to veterans and dependents in Florida. The material presented does not have the effect of laws or regulations. Please send questions or comments on this newsletter to Veterans Service Center, ATTN: "News and Notes," PO Box 1437, St. Petersburg, FL 33731. We do not have the resources to maintain a mailing list for distribution to individuals; however this newsletter is available on the St. Petersburg VA Regional Office web site at www.vba.va.gov/ro/south/spete. NEW VA RULES FOR SPECIALLY ADAPTED HOUSING GRANTS (VA News Release) WASHINGTON – A change in the law that allows certain seriously injured veterans and servicemembers to receive multiple grants for constructing or modifying homes has resulted in many new grants, the Department of Veterans Affairs (VA) announced. Before the change, eligible veterans and servicemembers could receive special adaptive housing grants of $10,000 or $50,000 from VA only once. Now they may use the benefit up to three times, so long as the total grants stay within specified limits outlined in the law. In order to ensure all previous recipients are aware of this opportunity, VA has mailed more than 16,000 letters to eligible veterans, reaching out to those who used only a portion of their grant or who decided not to use the grant even after initially qualifying. The response over the past year has been dramatic, with more than 4,600 applications received thus far. Of these, approximately 3,900 veterans have been determined eligible under the new law, and more than 200 grants already awarded. VA has averaged about 1,000 adaptive housing grant applications per year during the past 10 years. Since the program began in 1948, it has provided more than $650 million in grants to about 34,000 seriously disabled veterans. Eligible for the benefit are those with specific service-connected disabilities entitling them to VA compensation for a "permanent and total disability." They may receive a grant to construct an adapted home or to modify an existing one to meet their special needs. VA has three types of adapted housing grants available. The Specially Adapted Housing grant (SAH), currently limited to $50,000, is generally used to create a wheelchair-accessible home for those who may require such assistance for activities of daily living. VA’s Home Loan Guaranty program and the Native American Direct Loan program may also be used with the SAH benefit to purchase an adaptive home. The Special Housing Adaptations (SHA) grant, currently limited to $10,000, is generally used to assist veterans who need help with mobility throughout their homes due to blindness in both eyes, or the anatomical loss or loss of use of both hands or extremities below the elbow. A third type established by the new law, the Temporary Residence Adaptation (TRA) grant, is available to eligible veterans and seriously injured active duty servicemembers who are temporarily living or intend to temporarily live in a home owned by a family member. While the SAH and SHA grants require ownership and title to a house, in creating TRA Congress recognized the need to allow veterans and active duty members who may not yet own homes to have access to the adaptive housing grant program. Under TRA, veterans and servicemembers eligible under the SAH program would be permitted to use up to $14,000, and those eligible under the SHA program would be allowed to use up to $2,000 of the maximum grant amounts. Each grant would count as one of the three grants allowed under the new program. Other VA adaptive housing benefits are currently available through Vocational Rehabilitation and Employment Service’s "Independent Living" program, the Insurance Service’s Veterans Mortgage Life Insurance program, and the Veterans Health Administration’s Home Improvement and Structural Alterations grant. For more information about grants and other adaptive housing programs, contact a local VA regional office at 1-800-827-1000 or local veteran service organization. Additional program information and grant applications (VAF-26-4555) can be found at http://www.homeloans.va.gov/sah.htm. PAY IN VETERAN'S WORK PROGRAM RULED TAX-FREE (VA News Release) WASHINGTON -- Payments provided to veterans under two specific programs of the Department of Veterans Affairs (VA) - the Compensated Work Therapy (CWT) and Incentive Therapy (IT) programs - are no longer taxable, according to the Internal Revenue Service. The IRS agreed with a U.S. Tax Court decision earlier in 2007 that CWT payments are tax-free veterans http://www.vba.va.gov/ro/south/spete/news/pdf/0802.pdf

How to Read Compensation and SMC Benefits Rate Tables http://www.vba.va.gov/bln/21/Rates/comp01b.htm

VA Puget Sound Site IndexAbout Us: Frequently Asked Questions http://www1.va.gov/pugetsound/page.cfm?pg=24

VISN 17 - VA North Texas Health Care System http://www.northtexas.va.gov/travel.asp Beneficiary Travel Benefits Q. Can I get travel pay? A. You may be eligible for VA beneficiary travel benefits for VA health care services if you have a service-connected (SC) rating of 30 percent or more, or you are traveling for treatment of a SC condition, or you receive a VA pension, or your income does not exceed the maximum annual VA pension rate, or you are traveling for a scheduled compensation or pension examination, Q. Is there a deductible? A. In most cases, travel benefits are subject to a deductible. Deductibles do not apply for compensation and pension examinations, travel by an ambulance or a specially equipped van. ** Be sure you complete your means test annually as it may change your deductible requirement.** Q. How much would I get? A. Mileage Rates: General Travel ……………………28.5 cents/per mile Scheduled appointments qualify for round-trip mileage. Unscheduled visits may be limited to return mileage only. Deductible: ………………….…………$7.77 one-way ($15.54 round trip) Deductibles do not apply for compensation and pension examinations, travel by an ambulance or a specially equipped van and/or those veterans in receipt of VA pension. Q. How do I get paid? Travel pay is given AFTER your appointment. Veterans must be checked in and out at their clinic before they can receive reimbursement. Eligible veterans are encouraged to collect their travel pay the day of their appointment by going to the Beneficiary Travel window. ** Remember, it is important to update your address in the VA system to ensure you receive the correct travel reimbursement.** Q. What if I have special needs? You qualify for Special Mode Transportation (Ambulance, wheelchair van etc.) if you meet one of the eligibility criteria above, your medical condition requires an ambulance or a specially equipped van, and the travel is pre-authorized (authorization is not required for emergencies if a delay would be hazardous to life or health). Q. Is the criteria different for OEF/OIF veterans? A. OEF/OIF Combat Veterans must meet one of the qualifying eligibilities or conditions listed above. Q. There’s a VA facility closer to my home, but I choose to get my care at a VA North Texas facility. Can I still qualify? A. Yes – if you meet the criteria for travel pay and choose to receive care at a VA North Texas facility instead of the VA nearest your home, and it is not a referral from a VA physician, you can get travel pay. However, the amount is based on the distance from your residence to the nearest VA facility (including Community Based Outpatient Clinics) providing the same level of care. Q. I meet the criteria; what do I do now? A. After completion of your appointment, go to the Beneficiary Travel window to apply. If you wish more information about travel pay you may call the Dallas Travel office at (214) 857-1350, Fort Worth Travel office at (817) 882-6161 or Bonham Travel office at (903) 583-6317. VA Fact Sheet 16-2, Beneficiary Travel Benefits function checkInSiteSearch() { if (document.searchForm.SQ.value != "") { document.searchForm.action = "/NORTHTEXAS/site_search.asp"; } return true; } Contact VA North Texas | Frequently Asked Questions (FAQs) | VA North Texas Site Map VISN 17 | Central Texas Veterans HCS | South Texas Veterans HCS | VA North Texas HCS

Im sorry to hear that purple. That makes it very difficult to get help. I have a huge trust issue with anyone. Have you requested fee basis, or spoke with your team social worker at the VAMC? Sometimes they are able to set things up that others can't. allan

Welcome back Angela. I hope your CUE works out for you soon.

I partially disagree Pete, If the VAMC is not useing the right medications, expermental medications, over medicating, under medicating and mixing meds known to cause sucides? Than they should be held acountible in pushing a vet with suicidal tendencies over the edge. Vets with brain injuries, PTSD need to be carefully attended to, not left in the wind to figure it out. I agree there are those that have made up their minds no matter what, but much of whats going on with the VA can be prevented by people doing what they're paid to do. Mental health on the cheap, is like fighting a war on the cheap.

you can try resetting your internet explorer settings in tools. click on internet options, advanced, then reset.

Theres alot of problems with medications at this facility. Theres been several times i've nearly died from it or sudden withdrawals from it. They treated me for depression side of bipolar with paxil, but not the mainia. Made me suicidal and nearly lost my marrage. For over a decade my life was a living hell from lack of proper treatment at the Spokane VAMC. They would consistantly be late on sending medications or not send them at all for a months supply. They forgot to renew my meds and was late sending everything, thyriod meds, antidepression, methadone for two weeks. I ended up driving the 150 miles to Spokane emergency I was so bad. Thought I was going crazy after no sleep for three days. They turned me away. Refused to treat me. I drove all night and ended up over by Seattle before I went into a private ER.

Good question Joneszen. My faith in this gov in general is "0". Wether it be our records, our health, our security or our rights. When it comes to our protection from quacks, I see the VA being as good at it as the private sector.

adding to teacs reply, you can also take your TDIU ID card request, to any reserve training center. I know in Spokane theres one right next to the VAMC.

<H2>National Occupational Exposure Survey (1981 - 1983) Potential Exposures to Agents by Occupation SAILORS AND DECKHANDS (829)* http://www.cdc.gov/noes/noes2/occs829.html </H2>

thanks Carlie.......

If you read the article the va didn't have anything to do with this.. No, they just hand picked an outfit to do it for them. How many bonuses paid for this? During a robbery, is the one standing by the door more innocent than the one holding the gun on the bank teller?

Veterans Medical Claims denied to reduce backlog numbers. http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=53327 Folks I have no words to describe my disgust tonight at this; although we have known this has gone on for decades now. While the VA pompous assholes tell congress what a great job they are doing in getting claims down. Veterans have to fight congress, the IOM, the DoD, and the VA and their contractors and are given little if any tools to do so in any forum. I wonder how many of those serving now realize the worst enemy is not the one in front of them but our own government and its politicians that let this go on decade after decade. Maybe while they are home for break we all ought to pay them a visit and tell them to their face this is no longer acceptable and that they are now held accountable as lawmakers. Round 1 link draft at: http://www.2ndbattalion94thartillery.com/Chas/TalkingPoints.htm 20 more years of deceit to document on this as I get time and get ready. Kelley