allan

I requested a computer through ILS. Voc-rehab guy went down the list and said I would have to justify everything I requested. When I said I needed a computer. He said if I can't justify why I needed a printer, scanner and fax to go with it, than I don't get it. I completely had to raise hell and shove every code the VA had in their face. Apparently they never read their own laws on voc-rehab supplies. Like your claim. You get what you fight for. There isn't a benefit I've received from the DVA that wasn't provided in a resentful manor.

VNVets NewsFlash: Details on Wednesday's Into of the Agent Orange Equity Act of 2008 Congressman Bob Filner [D-CA], Chairman of the House Veterans Affairs Committee is introducing the Agent Orange Equity Act of 2008 on Wednesday at noon, on the Cannon Terrace, Cannon Office Building, adjacent to the Capitol, Washington D.C. The bill will fully restore Agent Orange Presumption to Blue Water Navy Veterans and Air Force Veterans of the Vietnam War. [hooray!] It will override the recent decision in Haas, and do much more. For more information visit the VNVetsBlog. Read Details of Wednesday's Intro of Agent Orange Equity Act of 2008

Practically every funded program this country has, has had the funding frozen and likely nothing will change until after Jan -09 when congress decides to make a feeble attempt to go back to work. They will sit on their butts until then and blame each other, while the poor go without winter funds for energy assistance, banks fold, jobs get sent anywhere but here and vets get programs like this cut back. I think of the Haliburton over cost by the millions, that they can't show where the money went and the DOD pissing it away like yesterdays Bud when I see this. It's a shame we've developed into a corrupt nation with the same ethics in gov as Mexico. May as well turn it over to a world court to run, if it's going to be run like this. Sorry, didn't mean to steal someone else's idea. Will this put me on the terrorist list and put me under constant surveillance? Probably. I don't think it takes anything more than speaking out to get phone tapped and puter hacked. Don't plan on flying anywhere so I could care less.

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I called the BVA about my claim again today. I really don't no why I put myself through this. It's amazing how much any contact with such a an outfit like this makes my blood pressure go up. It litterally makes me sick to try to get any information from anyone over my claim and it's status. Around 5 weeks ago, I called the BVA status line and was informed my claim was being sent out for yet another IMO by the BVA or the RO they remanded it to. I was told it was sent to a Dr for an IMO May 27th and it takes around 60 days to get a reply. I call today and am told it never went to the Dr yet and it's still on hold at the BVA "medical review board". The operator said once they're finished with it, then it will be sent to a Dr for an IMO. I asked if the Dr will have 60 days to respond, this time I couldn't get an answer on it. Never, Never, Never have I ever gotten a straight answer out of any of these people and I'm not sure they are capable of providing one. So if anyone on this board can tell me what direction the BVA may be leaning to delay or deny my claim again this time, with a medical review board, I would appreciate. All the operator could say is the screen shows nothing other than thats where it's been and it's going for another IMO after this board gets done with it. Tried calling PVA SO but he's out of town as usual. Wish I could once talk to someone processing my claim that knows anything about it, be it the PVA or BVA I never hated anything in my life before I filed a claim with the DVA. Let me tell you all, I hate the VA with a passion and it makes me sick. thanks for letting me rant once again. Allan

VNVets NewsFlash!!! Filner to release the Agent Orange Equity Act of 2008!!!! Great news! Congressman Bob Filner, Chairman of the House Veterans Affairs Committee will submit the Agent Orange Equity Act of 2008 to the floor of the House next week. Your help is needed! Read details at VNVets Blog! http://vnvets.blogspot.com/2008/07/urgent-...ent-orange.html VNVets!

http://www.dfas.mil/retiredpay/retroactive...aretrofaqs.html What is the VA Retro program? VA Retro is a program designed by the Defense Finance and Accounting Service (DFAS) and the Department of Veterans Affairs (DVA) to pay eligible military retirees any retroactive money due as a result of increases in their percentage of disability. What programs are involved in the determination of VA Retro payments? VA Retro payments include retroactive adjustments to Combat-Related Special Compensation (CRSC), Concurrent Retirement and Disability Pay (CRDP) and DVA disability compensation. What is the purpose of the VA Retro program? CRSC and CRDP are laws passed by Congress which allow eligible military retirees to be paid additional retired pay or special compensation to overcome some or the entire offset from retired pay associated with the receipt of disability compensation from the DVA. Prior to passage of these laws, a retiree was not allowed to receive both military retired pay and DVA disability compensation. The VA Retro program makes payments based on retroactive increases to the percentage of disability as determined by the DVA. What is CRSC? The CRSC program provides special compensation to retirees who have an offset to military retired pay due to receipt of VA disability compensation for combat-related disabilities. It is for retired members with combat-related disabilities regardless of disability rating percentage. To be eligible, a member must have completed 20 years of service. This entitlement is not retired pay, but rather a special compensation and not subject to the rules and regulations governing military retired pay. Qualified members are entitled to CRSC payments beginning June 1, 2003, for any month in which all eligibility requirements are satisfied. What is CRDP? The CRDP program provides a 10-year phase-out of the offset to military retired pay due to receipt of VA disability compensation. The phase out began in January 2004. This entitlement is restored retired pay and is subject to all rules and regulations governing military retired pay. Qualified members are entitled to CRDP payments beginning January 1, 2004, for any month in which they were entitled to both retired pay and VA disability compensation. Who should I contact if I have questions concerning entitlement to VA Retro? Retirees may call DFAS toll free at 1-877-327-4457 with questions concerning their entitlement to VA Retro. This phone number is exclusively for VA Retro questions. Trained customer service representatives are available at this number Monday through Friday from 8 a.m. to 4:30 p.m. (ET). Questions concerning disability ratings or percentages should be directed to DVA at 1-800-827-1000. Am I eligible to receive both CRSC and CRDP? A disabled military retiree may be eligible for both CRSC and CRDP but, by law, cannot receive payments for both during the same period. However, if you are eligible for CRSC and CRDP which cover different periods of retroactive entitlement, you may be entitled to separate VA Retro payments. Do I need to apply or submit a claim in order to receive my VA Retro payment? No application or claim is required. The DVA is providing DFAS with the social security numbers of eligible retirees. Both organizations are working together to provide eligible retirees with their full entitlement to both DVA compensation and CRSC or CRDP payments. When can I expect payment? DFAS began issuing VA Retro payments in September 2006 and DVA began releasing payments in November 2006. Every effort is being made to pay as many accounts as rapidly as possible without sacrificing correctness. Who will issue the VA Retro payment? Any monies owed may be paid by either the DVA, DFAS, or from both agencies. You may be eligible for payment from DFAS as a restoration of pay and/or from the DVA as part of disability compensation. Individual amounts will vary based on differences in disability amount and length of the retroactive period. How will I know when a payment has been made? After account review and a determination is made if any monies are due, DFAS will inform you by letter of any payment due or paid. The letter will indicate which agency will be making the payment. If you are due a payment from DFAS, the letter will inform you of the amount being paid. If no payment is due, the letter will so inform you. What if I am owed money from the DVA? The DFAS letter will advise you if additional compensation may be due from the DVA. DFAS provides the DVA with information to enable them to determine if any additional payments are due. It may take up to 30 business days for the DVA to make this determination and issue a payment. Any questions regarding monies which may be due from the DVA should be directed to its toll free telephone number, 1-800-827-1000. Where will DFAS send my VA Retro payment? Your payment will be sent in the same manner as you receive your military retired pay. If you normally receive your retired pay via electronic funds transfer (EFT), the payment will be deposited directly into your account at your financial institution. If you have your retired pay checks mailed, the payment will be sent to your check mailing address that is on record at DFAS. I received a letter from DFAS but have not received a payment. What should I do? If the letter indicates that payment is to be made by the DVA, you should contact the DVA at its toll free number, 1-800-827-1000. If it is a DFAS payment, which should have been sent via EFT, and it has not been posted by your financial institution, you should contact DFAS at its toll free number, 1-877-327-4457. You should allow at least 10 business days from receipt of the DFAS letter if it involves a check which should have been sent to your check mailing address. If after 10 business days you still have not received your check, you should write a letter to DFAS. You letter should include your name, Social Security Number, address, missing payment type (VA Retro), the amount of the check and date. You may fax the letter to 1-216-522-5898, or mail it to the following address: DFAS Cleveland Attn: Non-Receipt Department P.O. Box 998005 Cleveland , OH 44199 I received more than one VA Retro payment. Is this correct? Yes, this is correct. You may receive more than one payment if your retroactive period of increased award includes entitlement to CRSC and CRDP. In this case, separate payments will be issued for the CRSC (non-taxable) and CRDP (taxable) payment. Another reason for multiple payments is that you are due monies from both DFAS and DVA. Each agency is responsible for issuing payment of their portion of the VA Retro entitlement. Lastly, DVA may have made a subsequent determination regarding your disability and/or unemployability rating which entitles you to additional monies. What should I do if I disagree with my disability rating? Disability ratings and percentages are not determined by DFAS. Such determinations are the responsibility of the DVA. Disagreements with your disability percentage or rating should be directed to the DVA at its toll free number 1-800-827-1000. I am rated by the DVA at 100% due to individual unemployability. Am I eligible for a retroactive payment? You will be entitled to a VA Retro payment if the DVA retroactively awards you a 100% unemployability rating. Is the VA Retro payment taxable? The taxability of a VA Retro payment depends upon the type of payment and who issues the payment. Only payments made by DFAS for CRDP are taxable. CRDP payments are taxable according to the taxability of your retired pay. CRSC is a non-taxable entitlement; therefore, DFAS will not withhold taxes on CRSC payments. Normally, any monies paid by the DVA are non-taxable. Any questions regarding the taxability of payments issued by the DVA should be directed to its toll free telephone number, 1-800-827-1000. Will a separate 1099R be issued for the VA Retro payment? You will not receive a separate 1099R for the VA Retro payment. DFAS is responsible for withholding and reporting taxes on an IRS Form 1099R for any taxable payment. If your payment was issued by DFAS and is based on an increase in CRDP resulting from a retroactive DVA award, the taxable portion and any taxes withheld will be included in your annual retired pay 1099R. DFAS is not responsible for tax reporting on any payment issued by the DVA. Is the VA Retro payment subject to a court-order division of pay that is payable to a former spouse? CRSC entitlement is not retired pay. CRSC is considered special compensation and not subject to the rules and regulations governing military retired pay. Court-ordered division of pay under Title 10, United States Code, Section 1408, does not apply to retroactive CRSC awards. CRDP entitlement is restored retired pay and subject to all the laws, rules and regulations governing military retired pay; therefore, court-ordered division of pay does apply to CRDP awards. Is the VA Retro payment subject to garnishment? CRSC and CRDP entitlements are subject to garnishment action for alimony or child support. What happens if the VA Retro payment is not issued prior to a retiree’s death? Deceased retirees may not receive CRSC or CRDP past the date of death. However, the deceased retiree’s designated beneficiary is entitled to any unpaid pay due at the time of death. Retroactive increases made prior to the retiree’s death and during the period in which CRSC/CRDP were paid provides for entitlement to VA Retro payments. These payments will be made to the beneficiary of the deceased. "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/

Vets fault VA independent living program By Cristian Hernandez - Staff writer Posted : Thursday Jul 17, 2008 5:52:08 EDThttp://www.armytimes.com/news/2008/07/mili...ing_VA_071608w/The Department of Veterans Affairs’ Independent Living Program is failing to adequately address the needs of severely disabled veterans, a House subcommittee was told Thursday. Bruce McCartney, a former soldier, told the House Veterans’ Affairs economic opportunity subcommittee that the ILP is riddled with problems related to application delays, staffing shortages and limited spots in the program. The ILP, created as part of VA’s Vocational Rehabilitation and Employment Services, is designed to provide severely disabled veterans with specialized medical and mental health assistance and training in independent living skills. McCartney, who spent 17½ years on active duty, applied for the ILP in 2003 and was taken on what he called a “four year-nightmare.” His application spent four years going from local case managers to counselors and regional and local headquarters until he finally began receiving assistance last year. “ILP should service all eligible [veterans], and it should be faster,” McCartney said. “It should not take two to three years.” Part of the problem is high demand; the ILP can serve only 2,500 veterans at one time. Veterans can stay in the program for up to 30 months. Rep. John Hall, D-N.Y., said many severely disabled veterans have benefited from the program, but he also said he believes the cap on participants should be modified or removed. Theresa Boyd, vocational rehabilitation consultant for Paralyzed Veterans of America, said case managers sometimes try to slow down the process for individual veterans to accommodate to cap. She said VA should hire more staff and remove the cap. John Lancaster, executive director of the National Council on Independent Living, told lawmakers that the application process should take only about a month. “VR&E should be the crown jewel of programs for disabled veterans,” said Rep. John Boozman, R-Ark. “While I am impressed with the overall program, I believe we must find ways to make improvements in performance assessment methods so that VR&E can be certain it is meeting the needs of disabled veterans "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/

Victory for Veterans with ALS = VA approval See link http://www.2ndbattalion94thartillery.com/Chas/ALS.htm What a great victory for all of our Veterans and their widows but there is still much work to be done and "March Order." Kelley

C&P Service Clinician's Guide http://www.warms.vba.va.gov/admin21/guide/...iciansguide.doc

Veterans Administration Benefits Program Guide 21-2: Part 3 Adjudication http://www.warms.vba.va.gov/admin21/guide/pg21_2/part3.doc Part 4 Schedule of Rating Disabilities http://www.warms.vba.va.gov/admin21/guide/pg21_2/part4.doc

Putting Her Foot Down and Getting the Boot http://www.arlingtoncemetery.net/putting-h...ng-the-boot.htm http://www.arlingtoncemetery.net/army-secr...e-of-firing.htm

Military Recruiting Ethics Under Fire http://www.veteranstoday.com/

The DVA raters will more likely than not take the medical opinion that is not favorable over one that is. It doesn't matter their skill level. They are only interested in something they can use to prevent your benefits from being paid out. If you get 1000 IMO's from the worlds leading medical professionals, the rater will likely ignor them & deny if theres a whore trained to provide the IMO they need. At least 4% will get awarded, so no, not all will be denied. If your lucky enough to get an honest evaluation and the DVA doesn't spend yrs Dr shopping in order to deny it, you might get it approved. If it's not thrown in the round file and completely forgottin that is.

Index to Drug-Specific Information http://www.fda.gov/cder/drug/DrugSafety/DrugIndex.htm

Web Automated Reference Materials System (WARMS) http://www.warms.vba.va.gov/TOCindex.htm#k

try these.................... http://www.warms.vba.va.gov/bookb.html#i http://www.warms.vba.va.gov/regs/38CFR/BOO...ART3/S3_370.DOC

<H2 class=date-header>Friday, July 11, 2008</H2><H3 class=post-title><A href="http://vnvets.blogspot.com/2008/07/attn-blue-water-vets-with-nhl-or-cll.html">Attn: Blue Water Vets with NHL or CLL </H3> Non-Hodgkins Lymphoma (NHL) If you are a Blue Water Veteran of the Vietnam War and you have been diagnosed with Non-Hodgkins Lymphoma [NHL], you need to understand that you are in a different category than the rest of us. You do not have to prove exposure to Agent Orange, and you do not have to prove "feet on the ground"! Paragraph 3.307 of 38 CFR states (iii) A veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. The last date on which such a veteran shall be presumed to have been exposed to an herbicide agent shall be the last date on which he or she served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. “Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.Notice there is no comma in '“Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.' The VA uses this paragraph to deny Agent Orange benefits to Blue Water NAvy Veterans who have not set foot on the ground. Paragraph 3.313 38 CFR states Claims based on service in Vietnam. (a) Service in Vietnam. “Service in Vietnam” includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam. ( Service connection based on service in Vietnam. Service in Vietnam during the Vietnam Era together with the development of non-Hodgkin’s lymphoma manifested subsequent to such service is sufficient to establish service connection for that disease. (Authority: 38 U.S.C. 501(a))Again, notice the comma in the phrase '“Service in Vietnam” includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam." Because the other phrase, without the comma, is used to deny benefits to the Blue Water Navy Veterans, this phrase, with the comma cannot be used the same way. Since this definition refers exclusively to NHL [see the second paragraph (B)], then NHL Veterans must be presumptively eligible for benefits. If you have a claim pending and you have been diagnosed with NHL, get your Veterans Service Officer to get the VA moving on your case under this provision: Title 38, Part 3, Subpart A, Paragraph 3.313. Chronic lymphocytic leukemia (CLL) We have reason to believe that if you have been diagnosed with CLL, at some point it may develope into NHL. See your doctor and ask for tests specific to NHL. If you should become diagnosed with NHL get your Veterans Service Officer to pound the VA to process your claim for that under Title 38, Part 3, Subpart A, Paragraph 3.313. We do not wish any of the Agent Orange diseases on anyone, but in their presence, the Veteran should take advantage of what is available. Perhaps once your claim is approved the removal of the stress involved in dealing with the VA will help alleviate symptoms. Best of luck, Sailors! [Note: This comment just came in from one of our Blue Water Sailors with NHL: You are correct in saying that NHL is a presumptive disease recognized by the VA. However you need to know that the VA is holding ALL NHL cases under Haas. I am one of those cases right now. I have my case before the U.S. Court of Appeals and the they have issued a demand from the VA to respond within thirty days to explain why they are holding my case, when it is clear they should not be, even by the VA's own rules. The best thing for anyone with a claim for NHL is to get a lawyer and have them file what is called "A Writ of Mandamus". They should file it with the court of appeals and skip the VA. http://vnvets.blogspot.com/2008/07/attn-bl...nhl-or-cll.html

Need a Military Record Researcher? http://vnvets.blogspot.com/2008/07/need-mi...researcher.html

All Claimants - When you have a C&P Examination Scheduled - Even if a monkey is going to conduct the examination - Please show-up for your C&P Exam, if not - you will most certainly be doing an injustice to yourself and an injustice to a possible positive outcome of your claim. This is not my opinion, these are the facts of VA Claims Adjudication. carlie Good advice Carlie. Anyone that feels the examination and or medical opinion was in error can request the C&P be redone if you show cause. Since it is the VAMC C&P funding that decides who they hire and not the regional office. Don't expect an MD to provide the examination. NP's and PA's will be the norm. A Dr's must sign off on it to be valid. A copy of your examination & opinion can be obtained through the VAMC C&P div, without having to go through the VA regional office rating dept. This way it's possible you can view the results before the rater does. Like Carlie says, make sure you show up to the C&P no matter who's on watch. If they screw it up you can contest it. Do not cancel your C&P.

ONGOING FIGHT FOR RIGHTS OF FORT MCCLELLAN VETERANS! After Years of Abuse by the VA Is the Plight for Female Veterans Exposed to Toxins at Fort McClellan Close to an End? http://www.vetsforjustice.com/

ONGOING FIGHT FOR RIGHTS OF FORT MCCLELLAN VETERANS! After Years of Abuse by the VA Is the Plight for Female Veterans Exposed to Toxins at Fort McClellan Close to an End? http://www.vetsforjustice.com/

I don't sleep good at night knowing there's an idiot with his finger on the trigger, looking for any excuse to start a nuke war. And this new thing with Iran just makes him worse. I gave up on the idea that GW gives a damn about this nations people, their well being or their safety. If he did, he wouldn't be wasting what we have in Iraq, while leaving our front door wide open.