allan

http://seattlepi.nwsource.com/national/1152ap_chemical_tests.html Last updated June 19, 2008 4:53 p.m. PT <H1 class=rdheadline>Low approval rate for vets' chemical tests claims</H1>By ERICA WERNER ASSOCIATED PRESS WRITER WASHINGTON -- The Veterans Affairs Department has granted only 6 percent of health claims filed by veterans of secret Cold War chemical and germ warfare tests conducted by the Pentagon, according to figures obtained Thursday by The Associated Press. Veterans advocates called the number appallingly low. By comparison, about 88 percent of processed claims from Gulf War vets were granted as of last year, according to VA documents. More than 90 percent of processed claims from Iraq and Afghanistan vets were granted as of earlier this year. In a statement the VA said it was "incorrect" to make such comparisons because of the unique circumstances of different groups of veterans. The VA noted that most of the veterans of the chemical and germ tests ended their service more than three decades ago and a study by the advisory Institute of Medicine - dismissed by veterans as shoddily done - found no clear connection between the tests and the cancer, respiratory illnesses and other problems the veterans are now having. During the tests thousands of service members were exposed, often without their knowledge, to real and simulated chemical and biological agents, including sarin and VX. The tests were conducted at sea and above a half-dozen U.S. states from 1962-1973 to see how U.S. ships would withstand chemical and germ assaults and how such weapons would disperse. The Defense Department says 6,440 service members took part in the experiments called Project 112 and Project SHAD, and 4,438 veterans have been notified of their participation. Others could not be located or have died. As of May, the VA had processed 641 claims filed by veterans of the tests. Thirty-nine of the claims were granted, 56 were pending and 546 were denied. AP obtained the figures from the VA on Thursday following a congressional hearing on the issue last week. "These numbers are shocking, disgraceful and disappointing and reflect poorly on VA," said Paul Sullivan, executive director of Veterans for Common Sense. "This is ridiculous," said Rep. Bob Filner, D-Calif., chairman of the House Veterans Affairs Committee. "These guys were there. They all have cancer. Take care of them." The VA's statement said that some of the SHAD/112 veterans who filed claims were already getting benefits for other service-connected conditions. "The service of most of these veterans ended more than 30 years ago, and their service medical records do not reflect treatment for currently claimed conditions," the statement said. Filner's committee last week held a hearing on legislation by Reps. Mike Thompson, D-Calif., and Denny Rehberg, R-Mont., that would grant coverage to project veterans without them having to prove a link between their problems and their participation in Projects SHAD/112. The bill is patterned after legislation passed in 1991 to help people exposed to Agent Orange, the chemical defoliant used by U.S. forces in Vietnam that was linked to cancer and other ailments Filner said he hoped to vote the bill out of his committee by July 4. The VA and Pentagon both oppose the bill, arguing that there's no clear scientific evidence supporting a need for it. The Pentagon only began to disclose details of the tests publicly in 2001, after pressure from veterans and lawmakers. Two years later Defense officials stopped looking for additional project participants, despite criticism from the Government Accountability Office, which said untold numbers of veterans and civilians could remain unaware of their potential exposure. "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/

les, make sure to include all bases, ship yards, dry docks and training centers your records show you were assigned to along with your list of toxins. I was assigned to room #233 on Treasure Island, for a week to learn how to set up a new maintenance program for B-division on ship. Didn't think anything about it until I read how that very same room just tens years previous had a nuclear accident in it and to this day the same site is still toxic. List everything you can think of. One of my duties as oil king on ship was standing over a sounding tube, breathing fumes. every time the ship rolled it would blow it in your face. You can open a hatch sometimes, but most places to test oil capacity were in closed cramp spaces. I spent years doing this. Those old WWII ships burned bunker crude. Eighty percent of it was "used" motor oil. The DOD and Congress need to step up to the plate and start protecting or military service from these types of injuries. They also need to be responsible for those they've harmed for their obvious negligence.

After a series of shots one day, I went into a terrible high fever, headache, body cramps. Woke up with a soken wet bed and maybe six blankets the other recruits layed on me while i was out of it. It was after noon, no one in the barracks when I woke and I didn't know what hit me. I was told it was best to keep it quite or i'd get kicked out. Gastroenteritis, occular inflamation, fluctuating vision, fungal hyphea skin rash followed according to my records. Records? what records says the VA.

They have fought every combat vet that served in country or sprayed the stuff, over every possible ilness associated with AO. Their stand on any AO issues is to let them and their families "DIE". Even if this passes, they will hold the, let them die stand, with all AO claims any where else on the planet, except "in country" Vietnam. It should be, "all" toxic exposures" of all branches of service are exposed anywhere, to include adverse reactions of vaccines. The DOD is to busy giving out contracts to their chronies to care for Vets in this do nothing government. Maybe the next do nothing government will change the wording to deny it differntly, who knows.

REGULATORY AMENDMENT 4-99-2 Regulation affected: 38 CFR 4.71a. EFFECTIVE DATE OF REGULATION: June 17, 1999 Date Secretary approved regulation: March 24, 1999 Federal Register Citation: 64 FR 32410 (June 17, 1999) In the Federal Register of May 7, 1996 (61 FR 20438), we published an interim final rule adding a new diagnostic code, 5025, and evaluation criteria for fibromyalgia to § 4.71a of 38 CFR part 4, the rating schedule. This final rule responds to comments received in response to the interim final rule and adopts the interim final rule without change. The Federal Register document follows. ======================================================================= ------------------------------------ DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900-AH05 Schedule for Rating Disabilities; Fibromyalgia AGENCY: Department of Veterans Affairs. ACTION: Final rule.----------------------------------------------------------------------- SUMMARY: This document adopts as a final rule without change an interim final rule adding a diagnostic code and evaluation criteria for fibromyalgia to the Department of Veterans Affairs' (VA's) Schedule for Rating Disabilities. The intended effect of this rule is to insure that veterans diagnosed with this condition meet uniform criteria and receive consistent evaluations. DATES: Effective Date: This final rule is effective June 17, 1999. The interim rule adopted as final by this document was effective May 7, 1996. FOR FURTHER INFORMATION CONTACT: Vickie Milton, M.D., Consultant, Policy and Regulations Staff (211B), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 273-7230. SUPPLEMENTARY INFORMATION: On May 7, 1996, VA published in the Federal Register an interim final rule with request for comments (61 FR 20438). The rule added a diagnostic code, 5025, and evaluation criteria for fibromyalgia to the section of the VA Schedule for Rating Disabilities (38 CFR part 4) that addresses the musculoskeletal system (38 CFR 4.71a). A 60-day comment period ended July 8, 1996, and we received three comments, one from two physicians in the Department of Medicine at The Oregon Health Sciences University, and two from VA employees. The evaluation criteria for fibromyalgia under diagnostic code 5025 have one requisite that applies to all levels: ``[w]ith widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms.'' The 40-, 20-, and 10-percent evaluation levels are additionally based on whether these findings are constant, or nearly so, and refractory to therapy; are episodic, but present more than one-third of the time; or require continuous medication for control. One commenter felt that the use of the phrase ``with or without'' as used in diagnostic code 5025 is confusing and might be interpreted as rendering the symptoms that follow the phrase as superfluous and unnecessary in the evaluation of fibromyalgia. Some individuals with fibromyalgia have only pain and tender points; others have pain and tender points plus stiffness; still others have pain and tender points plus stiffness and sleep disturbance; etc. As a shorter way of stating this, we have used the phrase ``with or without,'' followed by a list of symptoms, to indicate that any or all of these symptoms may be part of fibromyalgia, but none of them is necessarily present in a particular case. When symptoms in addition to pain and tenderness are present, they may be used as part of the assessment of whether fibromyalgia symptoms are episodic or constant. When none of the symptoms on the list is present, the determination of whether the condition is episodic or constant must be based solely on musculoskeletal pain and tender points. The term ``with or without'' is also used in Sec. 4.116 (Schedule of ratings--gynecological conditions and disorders of the breast) of the rating schedule under diagnostic code 7619, ``Ovary, removal of,'' where the criterion for a zero-percent evaluation is ``removal of one with or without partial removal of the other.'' We believe that in both cases the phrase ``with or without,'' rather than adding confusion, better defines the potential scope of the condition under evaluation. We therefore make no change based on this comment. The same commenter questioned whether the intent is to place a ceiling of 40 percent on the evaluation of fibromyalgia despite the presence of one or more of the symptoms following the phrase ``with or without.'' As the evaluation criteria indicate, there may be multi-system complaints in fibromyalgia. If signs and symptoms due to fibromyalgia are present that are not sufficient to warrant the diagnosis of a separate condition, they are evaluated together with the musculoskeletal pain and tender points under the criteria in diagnostic code 5025 to determine the overall evaluation. The maximum schedular evaluation for fibromyalgia in such cases is 40 percent. If, however, a separate disability is diagnosed, e.g., dysthymic disorder, that is determined to be secondary to fibromyalgia, the secondary condition can be separately evaluated (see 38 CFR 3.310(a)), as long as the same signs and symptoms are not used to evaluate both the primary and the secondary condition (see 38 CFR 4.14 (Avoidance of pyramiding)). In such cases, fibromyalgia and its complications may warrant a combined evaluation greater than 40 percent. Since these rules are for general application, they need not be specifically referred to under diagnostic code 5025. Another commenter referred to a statement in the supplementary information to the interim final rule that indicated that fibromyalgia is a benign disease that does not result in loss of musculoskeletal function. The commenter said that while it is not a malignant disease which leads to anatomic crippling, the result of persistent chronic pain is often musculoskeletal dysfunction. The statement regarding the lack of loss of musculoskeletal function is supported by medical texts which state, for example, that objective musculoskeletal function is not impaired in fibromyalgia (``The Manual of Rheumatology and Outpatient Orthopedic Disorders'' 349 (Stephen Padgett, Paul Pellicci, John F. Beary, III, eds., 3rd ed. 1993)); that the syndrome is not accompanied by abnormalities that are visible, palpable, or measurable in any traditional sense; and that the patient must recognize the physical benignity of the problem (``Clinical Rheumatology'' 315 (Gene V. Ball, M.D. and William J. Koopman, M.D., 1986)). These medical texts confirm that fibromyalgia does not result in objective musculoskeletal pathology. The criteria we have established to evaluate disability due to fibromyalgia are therefore based on the symptoms of[[Page 32411]]fibromyalgia rather than on objective loss of musculoskeletal function. The same commenter said that more could have been said about the wide clinical spectrum of fibromyalgia and the associated stress response which may lead to clinical problems of psychopathology, inappropriate behavior, deconditioning, hormonal imbalance, and sleep disorder. The evaluation criteria do include a broad spectrum of possible symptoms, and sleep disturbance is one of them. As discussed above, any disability, including a mental disorder, that is medically determined to be secondary to fibromyalgia, can be separately evaluated. The rating schedule is, however, a guide to the evaluation of disability for compensation, not treatment (see 38 CFR 4.1), and it is unnecessary for that purpose to include a broad discussion of the clinical aspects of fibromyalgia. We therefore make no change based on this comment. The same commenter said that it is important to stress that fibromyalgia may co-exist with other rheumatic disorders and have an additive effect on disability. If two conditions affecting similar functions or anatomic areas are present, and one is service-connected and one is not (a situation that is not unique to rheumatic disorders), the effects of each are separately evaluated, if feasible. When it is not possible to separate the effects of the conditions, VA regulations at 38 CFR 3.102, which require that reasonable doubt on any issue be resolved in the claimant's favor, dictate that the effects be attributed to the service-connected condition. Since there is an established method of evaluating co-existing conditions, there is no need to stress the point that other diseases may co-exist with fibromyalgia, resulting in additive effects, and we make no change based on this comment. The commenter also stated that the correct diagnosis of fibromyalgia and the exclusion of other rheumatic conditions are of paramount importance in ensuring a successful treatment program. The diagnosis of fibromyalgia and exclusion of other rheumatic disorders are functions of the examiner and outside the scope of the rating schedule, which, as noted earlier, is a guide for the evaluation of disability for purposes of compensation, not treatment. We therefore make no change based on this comment. One commenter stated that claimants with fibromyalgia will present with limitation of motion of various joints of the body, and the rating agency will have to take into consideration pain on movement and functional loss due to pain (see 38 CFR 4.40 and 4.45). The commenter felt that the proposed scheme invites separate ratings for limitation of motion of each joint. Fibromyalgia is a ``nonarticular'' rheumatic disease (``The Merck Manual'' (1369, 16th ed. 1992)), and objective impairment of musculoskeletal function, including limitation of motion of the joints, is not present, in contrast to the usual findings in ``articular'' rheumatic diseases. Joint examinations in fibromyalgia are necessary only to exclude other rheumatic diseases because physical signs other than tender points at specific locations are lacking. The pain of fibromyalgia is not joint pain, but a deep aching, or sometimes burning pain, primarily in muscles, but sometimes in fascia, ligaments, areas of tendon insertions, and other areas of connective tissue (Ball and Koopman, 315). The evaluation criteria require that the pain be widespread, and that the symptoms be assessed based on whether they are constant or episodic, or require continuous medication, but they are not based on evaluations of individual joints or other specific parts of the musculoskeletal system. We believe the evaluation criteria make clear the basis of evaluation, and we therefore make no change based on this comment. SOURCE: http://www.warms.vba.va.gov/admin21/guide/pg21_2/part4.doc

Hi to all, My claim is not going to a lawyer as I thought. {Before you read why I will putting out a link on once again; the VA and IOM have teamed up to deny another presumptive disorder. Guidance on Claims Involving Hypertension Based on Herbicide Exposure fast letter is being rescinded (08-14). I will put out an information link as soon as I can along with the VA study and others that says there is a connection to herbicides. I need to go back to the Ranch Hand transcripts as well and will take some time to review the ones I have. Outside of VA, IOM has got to be the Veterans/Widows worst enemy. Congress has got to get to the bottom of these issues in telling us what process anyone involved in these issues is using; at least that much should be transparent so we can try and take some legal action at the constitutional level. Which should be a subject at every town hall meeting for any one running for congress that any Veteran/Spouse/Widow attends to demand some answers as to how and what is the process and how is it legal and meets the definition of legal matters in a court of law since basically that is what IOM is doing with no legal accountablity to the victims. Unfortunately, for my family and I, I followed the DAV advice and submitted a Form 9 for a Board of Veterans Appeal Hearing. While I waited for five years to even get this hearing in January of 2007 the hearing itself was more of a kangaroo court played out script than not, between the DAV VSO and the judge herself. I had made the mistake of sending my presentation to the DAV VSO ahead of time thinking he would assist me. I was not allowed to present a 20-minute chronological presentation/dissertation on the facts of VA denials and how they were wrong in accordance with their own rating sections cited as to cumulative effects along with other pertinent study data and pertinent information on PN, chronic fatigue, PN associated degenerating joints, PN associated wasting of tissue and atrophy along with a change in the support muscle for the bones, etc. When the judge saw my disgust at this matter she even told me up front and personal, even though I has waited for five years thinking I would have a least some semblance of a chance at presenting a real case to a real person, “Mr. Kelley you do not have to be if you do not want to be.” Anyway the lawyer I contacted indicated as long as the DC Appeals Management Center where my claim has been BVA remanded has not concluded or made a decision there is nothing anyone can do. Remember in the past we have found in American Legion Audits where these BVA remands sat for five years with no one looking or working them. I cannot use a lawyer nor can I change Power of Attorney until the DC Appeals Management Center makes a decision, which seems to have no requirements for time to decision. Even though the Board of Veterans Appeal remand itself and law states the following: “The claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans Appeals or by the United States Court of Appeals for Veterans Claims for additional development of other appropriate must be handled in an expeditious manner. See 38 USCA 5109B, §§ 7112 (West Supp. 2006).” Now since I have been calling on my remand here are some of the answers I have gotten back: Such as waiting on Social Security Information, all data is here and waiting for review, the claim is in the authorization cycle, the next call I was back to where I was on Oct 9, 2007 and in one case a worker indicated she could not tell what was going on with my claim at all it was so messed up and would have to ask for overtime to status the claim on the weekends and call me back. If she was not given overtime then she could not resolve the status. Of course none of that happened. I have spent the last few days on the phone trying to find an end road around this deal and everyone I talked to say there is nothing that can be done until they finish the remand; if it takes ten years then there is still nothing that can be done. Nice touch on the part of our government and its legal system for Veterans/Widows. Many indicated that filing out a form 9 is the last resort for a Veteran, which by the way the DAV never told me this and I thought they knew what was the best thing for me to do. I was never told I could challenge the rater with my cited sections of improper rating at the local VA IAW their own regulations in Title 38 Part 4 Schedule for rating disabilities Schedule of ratings—neurological conditions. The bottom line…instead of the VA hamster wheel it looks like once you are in the DC appeals remand, you are now in the hamster wheel but the wheel may or may not move. For those that go to the BVA it looks like the best thing that can happen is they deny you so at least you can find a lawyer to assist you back at the BVA. Best, Kelley Gas prices getting you down? Search AOL Autos for fuel-efficient used cars.

Hope your feeling better soon Don and return to hadit. Since they havn't stopped us from prayin in our homes, I put one in for you.

It can make the difference between homeless and not homeless for many vets and their families.

So my advice is not to give up? That's good advice Pete. I had a bit more difficulty getting Social Security, due to the diagnoses of "neumuscular disorder of unknown cause". I tried on my own, but soon realized I didn't have it together enough to process it. I won not long after an attorney took over the claim. It takes around a year or two after filing and it's common to be denied the first time around. I had VA Pension before I won SSI benefits. I found out some 10 years later the DVA and SSA worked it out so I would recieve VA pension and SSI. I disapointed SSA when I reopened on a CUE & won my SSDI award and 10 years of retro. Been going after SC, that the RO thought they had worked out in a nice little neat package with SSA. Don't give up and don't settle for their behind the back deals.

Benefits for Returning Veterans of Operations Enduring Freedom and Iraqi Freedom http://www.oefoif.va.gov/

Veterans Pension Program http://www.vba.va.gov/bln/21/pension/vetpen.htm

TIPS FOR VETERANS FILING FOR SOCIAL SECURITY DISABILITY http://www.disabilitysecrets.com/the-va-and-disability.html

M28-1, Part II, Chapter 8 Subject: Program of Independent Living Services Page Info: www.warms.vba.va.gov/admin28/m28_1/part2/ch08.doc | 47k http://www.warms.vba.va.gov/admin28/m28_1/part2/ch08.doc

Independent Living Program is for veterans unable to work. The Veteran needs to be 100% disabled, but only 20% service connected in order to apply. This includes veterans recieving VA Pension. If you feel you may qualify, contact VOC-REHAB at your VAMC/VARO office to file. Independent Living Program Independent Living Program (ILP) participants must submit an application (VA Form 28-1900) for Vocational Rehabilitation and Employment Services (VR&E), complete a comprehensive evaluation with a Vocational Rehabilitation Counselor (VRC) who must determine the applicant is entitled to services and that an ILP program is appropriate. What Is The Independent Living Program? The Independent Living program is to make sure that each eligible veteran is able, to the maximum extent possible, to live independently and participate in family and community life increasing their potential to return to work. Services may include the following: assistive technology specialized medical, health, and / or rehabilitation services services to address any personal and / or family adjustment issues independent living skills training connection with community-based support services Who May Qualify For ILP? Veteran's whose service-connected disabilities are so severe they are currently unable to purse an employment goal. How Are ILPs Developed? When a Vocational Rehbilitation Counselor (VRC) determines that employment goals are not currently feasible. An evaluation of the veteran's independent living needs will be conducted. The VRC and veteran will work together to identify the veteran's needs. Together they will determine services required to address the identified needs. An individualized Independent Living Program will be written providing the services necessary to meet the veteran's identified needs. Referral to specialized rehabilitation facilities and / or for consultation with other rehabilitation professionals may be necessary in the development and implementation of a veteran's ILP. http://www.vba.va.gov/bln/vre/ilp.htm

<H1 style="MARGIN: 0in 0in 0pt 27pt">FOR IMMEDIATE RELEASE</H1>January 4, 2008 <H2 style="MARGIN: 0in 0in 0pt 27.35pt">New VA Rules for Specially Adapted Housing Grants</H2><H2 style=MARGIN: 0in 0in 6pt 27.35pt">Program Aids Most Seriously Injured</H2>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 today. 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. “Veterans seriously disabled during their military service have earned this benefit,” said Secretary of Veterans Affairs Dr. James B. Peake. “This change ensures that every eligible veteran and servicemember has the chance to use the maximum amount afforded to them by our grateful nation.” 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. -More- Specially Adapted Housing Grants 2/2/2/2 To ensure veterans’ and servicemembers’ needs are met and grant money is spent properly, VA works closely throughout the entire process with contractors and architects to design, construct and modify homes that meet the individuals’ housing accessibility needs. 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 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. -More- Specially Adapted Housing Grants 3/3/3/3 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. “The goal of all three grant programs is to provide a barrier-free living environment that offers the country’s most severely injured veterans or servicemembers a level of independent living,” added Peake. 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. # # #

Susie, if the outpatient clinic appointment was set up by your VA care provider and you live over 50 miles away, stop by the VAMC and pick up your travel pay. It's always good to carry your appointment letter with you. Some VAMC's may have you wait while they mail you a check. But most will have a travel pay office at the facility.

They sure can give you a hard time over wording jayg. I've been there. That's what i'm trying to warn you about. If your not able to work from it, make sure your Dr states the severity of it and states you are not able to perform even sedentary work. That will save you years of fighting them over,"is he or isn't he". I wouldn't worry about wording of discomfort. The lack of wor Also, you can apply for "Independent Living Services" through Voc-Rehab. In order to qualify for Independent Living Services, you must be found not eligible for voc rehab ed traing. Voc rehab is training for those who can go back to work. The VA sends you to contractors that determine wether you qualify for traing or Independent Living Services. It sounds to me like you should file for this anyway. This is how to obtain scooters, wheelchairs, computers with electric desks, etc is through independent living services for vets who can not work.

For SSDI benefits, you must earn 20 credits in 40 quarters out of the last 5 years. there is no gray area. You are disabled or not. If pain makes you uncomfortable, you will likely be denied. If your depressed due to enviromental reasons, broke, stress over carring for your loved ones, etc, than thats not due to your pain issues either. [i "am unable to do any physical activity w/out discomfort." ] They will say take a pill and go to work. You must be unable to do even sedentary work and have 40 credits earned over the last 5 years. Write or fax the SSA and ask for a print out of your work history. SSI is offset dollar for dollar from any source of income. Military Service And Social Security 2008 http://www.ssa.gov/pubs/10017.html Disability Evaluation Under Social Security http://www.socialsecurity.gov/disability/p...onals/bluebook/ Listing of Impairments - Adult Listings (Part A) http://www.socialsecurity.gov/disability/p...ultListings.htm

http://www.usvetinfo.com/meddischarge.htm Information Paper. Retrieved June 16, 2008, from http://pom-ima.monterey.army.mil/sites/ins.../Disability%20S everance%20Pay%20Tax%20Refund.pdf. (pp. 1-8). Internal Revenue Service. (2007). Your Federal Income Tax for Individuals. Publication 17. (p.50). Internal Revenue Service. (2007). Taxable and Non-Taxable Income. Publication 525. (p. 17). -----Original Message----- From: Al Colombo, USVI [mailto:vets2007@tpromo.com] Sent: Monday, June 23, 2008 12:01 PM To: usvetinfo@tpromo.com Subject: candicew@militaryconnection.com, USVI: press release for inclusion on your website Importance: High How to Recoup Taxes Paid on Disability Severance pay From the Armed Forces EAST CANTON, Ohio; 20 June 2008 -- IRS publications 17 (Your Federal Income Tax) & 525 (Taxable & Non-taxable Income, page 17) both state that "if you receive a lump-sum disability severance payment and are later awarded VA disability benefits, exclude 100% of the severance benefit from your income." But neither publication says how. "Many medically discharged vets, including some good friends of mine, don't know they are entitled to get the taxes back if they get a VA rating," says Dorothy, the author of this extremely important USVI veteran document. In this informative USVI document, composed by a discharged veteran of recent years, discharged veterans awarded VA disability benefits will learn how to recoup money paid as taxes on disability severance income. Read it on USVI: http://www.usvetinfo.com/meddischarge.htm -- U.S. Veteran Information (non-governmental) USVI - Serving Veterans since 1997 P.O. Box 30076 East Canton, Ohio 44730 USA http://www.usvetinfo.com --- Disclaimer: Al Colombo, the U.S. Veteran Information web site, and the individuals who actively research and provide information are not affiliated with the Veterans Affairs, Federal Government, or any state or local government agency. Neither are these individuals or the U.S. Veteran Information (non-governmental) organization qualified to render legal advice of any kind. Opinions or information offered should be verified with the VA or appropriate agency/department at http://www.va.gov/ before taking action. __._,_.___ "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/

tell your congressman we want this bill to pass Bill Would Extend Fed Mileage Rate to Veterans Lawmakers introduced on June 16 a bipartisan House bill that would—if it becomes law—extend the federal employee mileage reimbursement to veterans seeking health care at Department of Veterans Affairs (VA) medical facilities. The Veterans Travel Equity Act would increase the veterans mileage reimbursement rate to the federal rate—currently 50.5 cents per mile, said bill sponsors Reps. Mark Souder, R-Ind., and Brad Ellsworth, D-Ind. The bill also expands the pool of veterans eligible for mileage reimbursement, removing income and pension eligibility as well as disability rating requirements. Under current law, only veterans with service-connected disabilities rated 30 percent or more qualify. “This bill is a matter of fairness,” Souder said. “Federal bureaucrats shouldn’t receive a greater mileage reimbursement rate than the men and women in uniform who have served our nation so bravely.” Veterans have complained about the mileage rate in light of skyrocketing gas prices and the long distances they have to travel, especially in the Western states, to receive VA care. To see more, go to: http://souder.house.gov/index.cfm?FuseAction=NewsCenter.Press Releases&ContentRecord_id=935247d2-19b9-b4b1-120f- 4885726cfdbd&Region_id=&Issue_id://http://souder.house.gov/index.cfm?F...d=&Issue_id://http://souder.house.gov/index.cfm?F...d=&Issue_id Souder, Ellsworth Introduce Veterans Travel Equity Act Bill Would Give Vets Same Mileage Reimbursement as Fed. Workers June 16, 2008 U.S. Reps. Mark Souder (R-IN) and Brad Ellsworth (D-IN) announced today that they are introducing the Veterans Travel Equity Act (H.R. 6287), bipartisan legislation that would give veterans the same mileage reimbursement rate as federal employees. “This bill is a matter of fairness,” Souder said. “Federal bureaucrats shouldn’t receive a greater mileage reimbursement rate than the men and women in uniform who have served our nation so bravely. Especially at a time of record-high gas prices, our veterans deserve more from us. I’m delighted to work with my Hoosier colleague, Brad Ellsworth, on this important issue.” “With gas prices setting new records again and again this year, Hoosier veterans—who often live on fixed incomes and have to travel great distances for health care—are being hit particularly hard,” Ellsworth said. “After bravely serving our country, their mileage rate shouldn’t be any less than federal employees. We owe them better. This bill is a common sense and fair way to give them some relief, and I am glad to work with Congressman Souder to introduce it.” The Veterans Travel Equity Act would increase the mileage reimbursement for veterans seeking healthcare at Department of Veterans Affairs (VA) medical facilities, so that it is the same as the mileage reimbursement rate available to federal employees—currently 50.5 cents per mile. H.R. 6287 also eliminates the income and pension eligibility requirements and service-connected disability rating requirements. Under current law, only veterans with service-connected disabilities rated 30 percent or more qualify for or receive the reimbursement. __._,_.___ "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/

Ruby, only testimony under oath may be entered into the record from a hearing. "Any" discussion of evidence may be ignored altogether with an informal hearing. The difference between an informal and formal local hearing, is you are sworn in and the statement you give is recorded. Also, after the hearing you may request a written transcript of the recording from the VA incase you need it later. I recomend Vets never request an informal hearing and always take a witness with you. In memo format, I simply requested in writing a formal, local hearing. Date it make sure your name and C-file number is on it, sign it and send it registered, return reciept. Also send a copy to your POA if you have one and you may ask them to be present at the hearing. POA's do not like formal hearings and may recomend an informal one, but like I pointed out it doesn't matter what you say, the POA or the RO rater if it's an informal one, because it won't go into your record.

les, did you appeal the denial?

Thank you for the kind words Berta. It's good to know I may have helped to resolve your issues with your POA's. I had one some years ago that did absolutely nothing for nearly four years. The best i've had has been the PVA. I've read that POA's may also be sued for damages. Are you aware of this? ################################################################ Question: Can a SO demand that you go through them for everything , including submissions, you submit to the VA in your claim, as a condition of your POA and If you don't they will revoke your POA as a result? I understand that they need to know everything that is going on in your claim to properly assist you, but this seems a bit extreme. Rockhound Rider , Yes. They need to be informed in order to help you. I've made many mistakes on my claim from not sending, (whatever) to them and discus it prior to sending it to VARO, BVA, etc. I recomend you send a copy of(whatever) to the POA and a copy to the DVA. Don't just send it to the POA and expect it to get to the DVA. It may just end up in the round file. A POA is your "legal" representitive, just like an attorney. Do not expect them to know very much about VA laws or how to follow them. It will be your job to make sure they're aware of what must be done by looking up the CODES and sticking it in front of their face or else they may play dumb & mislead you, even if they do know. This has not been easy for this vet with brain injury/bipolar/MS, etc to put this together. Many years went by trusting the system in place is there to help me. If it wasn't for hadit.com, I would still be stupid enough to trust it.

Chemical Toxins What Were You Exposed To During Your Enlistment? http://veteransinfo.tripod.com/in-service_exposures.pdf

VETERANS INFORMATION Agent Orange Info http://veteransinfo.org/id4.html