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SLEDGE
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Posts posted by SLEDGE
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Looking at the comments written by a judge could be an enlightening process.
Especially if the comments contain wording suggestions for other claimants.
sledge
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One of the Air Force bases that I got stuck with was K.I.Sawyer in upper Michigan.
When it was shut down and given back to the locals they had the water tested.
Like virtually every other military facility, the water table was contaminated with
all sorts of cancer related/causing materials in unacceptable amounts.
Mostly solvents and fuels, the same stuff that I breathed and practically bathed in
for over 3 years on a daily basis.
We had open tanks of very powerful solvents at every maintenance complex and usually at
least one special cleaning tank that used 'heated' trichlorethane or trichlorethene
and ultra-sound for cleaning composite metal filters.
We could tell when the special tank was being used by the increased concentration of trich in the air.
My regular job in the AF put me into closed spaces with strong amounts of trich and fuel and hydraulic fluid,
or combinations thereof, almost everyday.
In my opinion, we could find this kind of contamination in the water of all military complexes.
Military commanders are simply not concerned with the 'future' illnesses of the troops and their dependents.
I believe the key is 'at what levels' do the contaminates test out to be?
And/or the different combinations of the various contaminates.
Most of that stuff is still unknown.
The VA is opening the door on multitudes of claims related to chemical exposures.
When management discovers how widespread this type of contamination problem is I expect to see a clamping down on awards.
How do you connect illnesses today with the previous, military, chemical exposures
after several years exposed to 'who knows what' in the private sector?
When the VA slams the door on these 'chemical exposure' claims
it 'may' take decades to re-establish the connection if it can be re-established at all.
Anyone with a current, chemically related claim should get on the ball and get it service connected
at any level of disability before VA management wakes up and shuts down most of the chemical exposure claims.
Fortunately, I don't have one (yet).
sledge
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I'm with you, the filing fee is virtually a moot issue.
I commented on it because another veteran might not understand something regarding that issue.
I'll try to give my opinion about the following issue.
" Why couldn't anyone see the dots connected? Everything is already there and when i got an IMO that said what i have now is connected to what i had then the judge says there weren't enough arrows and pictures to help her see the connection. "
My personal opinion is that the judge is either biased against you personally,
or against the medical issues involved, or she is stupid, could be both.
When you show a judge a signed and dated medical statement of FACT, from
a licensed medical doctor, that statement should be as good as a fingerprint or DNA
in establishing the truth of the situation.
Maybe your case has several medical opinions, from VA cronies, that say no connection
and only one that says 'connection' from you.
In that kind of a simply situation the majority might rule if the judge doesn't like your face,
or profound ignorance on the part of the judge prevails.
If the judge has to have more information as to the etiology of your current diagnosis and when it began,
go through a private sector doctor and build up a solid case for your team,
a medical expert rebuttal of the previous VA 'Reasons and Basis'.
Any lawyer should have a respected doctor who can read the medical evidence and point out, plainly, in terms that an ignorant lay person can understand (your judge) exactly why you should prevail on your claim.
Rebuttals are not cheap but, they can be worth their weight in gold (benefit money).
In my case they wouldn't even read that stuff.
However, I know for a fact that I was already shot down no matter what I gave the VARO, you probably are not.
If you are hiring a lawyer, just do what the lawyer says.
sledge
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" He also said that once the courts get my filing fee "
I can't speak for anyone else on their attorney contract, but mine did not
ask for anything, not even court fees prior to my eventual award.
sledge
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" To receive TDIU, regardless of your percentage of disability, you MUST, MUST, MUST file a VA Form 21-8940, which is, in and of itself, a request for an increase in percentage of compensation (the title of the form actually says as much). "
Legally, I beg to differ.
Any veteran filing a claim for disability is automatically asking for the highest disability rating possible.
Although I filed a straight forward claim for service connection of my PTSD, I was initially awarded 70% service connected and TDIU with P&T.
I was awarded an effective date that was kinda stupid and that's what I am on appeal for, an earlier effective date.
VA form 21-8940 has never been mentioned by myself or the VA in my case and I certainly never used one.
That being said,
I sincerely agree that the TDIU form SHOULD ALWAYS be filed by any and every veteran who can't hold a job.
It's just makes too much sense.
Whether or not the form is legally required before unemployability is considered, by filing the form you are showing every VA employee, down the line, that you understand how to play their silly games.
And not to make any mistake, unemployability is what you are seeking regardless of your percentage of disability.
sledge
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Back in 1994 when the insurance company went hostile on me I asked why?
The person on the phone said that a VA shrink had told the insurance adjuster that all of my problems were mental.
The VA shrink told the ins folks that I was a drug seeker and didn't have any physical medical conditions.
The VA shrink was the same guy that refused to even discuss the pain clinic.
The same guy that refused to refer me to a general practitioner for a medical examination and proper diagnosis.
Mental and physical claims have two different, private sector co-pay rates.
My co-pays had been based upon the lower patient rate of 20 percent for physical medical conditions.
Mental had a patient co-pay of 80 percent.
Therefore, I was guilty of fraud.
Therefore, I owed the insurance company over 3000 bucks based upon over-payments to the private sector doctors.
And by-the-way, your insurance is canceled.
Based upon the VA shrink's remarks, the ins company also hit me up for all of my private sector medical doctor's co-payments that the ins had paid.
I tried to find out what the problem with the shrink was.
The VA declined to comment and would not allow me to talk to the guy.
All I could rationally figure out was that the VA shrink had me mixed up with somebody else.
That's been a problem between me and the VA since the mid-80s.
Why else would a shrink attack me after one 5 minute meeting.
I believe the VA is billing my ins now because they made a big deal out of me letting them copy the current ins card.
sledge
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Carlie,
Like you said it looks like they want us to see them as a government sponsored organization.
I believe it's a 99.99999 percent chance that they ain't.
The proof in the pudding will be, do they want paid up front.
A contract with a real veteran's law firm will specify that they only accept what the government allows AFTER you win retroactive benefit money, that's the law.
The attorney fee is withheld from the first retroactive check that the treasury pays the veteran.
The VA being the VA, they could forget to pay the lawyer out of your first check.
You would still owe the lawyer the allowed fee.
The lawyer can charge more fees if a subsequent appeal lands more money, like an earlier effective date.
NOVA lawyers don't need to advertise.
They are usually maxed-out with a full load of clients.
Getting one of them to take your case may take a little longer than hiring some newbie.
A lot of lawyers will not take on a case that does not appear to be a slam-dunk on the surface.
( After we forced the VA into reading and applying my evidence I was a slam-dunk. )
Most lawyers want to see what your case looks like before agreeing to take your case.
All of that being said, I think I'll call that number to see what they have to say.
After I check with my lawyer.
sledge
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If the nerve was severed by a private sector doctor while you were on active duty,
this could be an interesting case.
Usually, the VA hates to even treat something that originated outside the military healthcare system.
If you were not on active duty when the nerve was severed, being retired or simply separated from active service, they 'may' decide to leave the disability percentage where it started at.
Whoever caused the problem is the responsible party.
However, getting 100 percent while recovering would seem to indicate that the VA was ok with having it done outside the VA.
Even if it got worse, I'm interested to know how the VA will handle this.
Please proceed with the claim.
sledge
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It's telling me that the site is unsafe.
sledge
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This is one of the best ones I have ever heard of.
" I get a dunn from them just a couple days ago, telling me that if I want to have my supplemental life insurance "re-instated" that I have to send them a $2,800 chck by the end of July.......................for my 21 months of "arrears". "
Good Lord, I see a management position in somebodies future.
sledge
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While in the recovery stage of cervical spine surgery I got to try a lot of different painkillers starting in June, 2006. (Private Sector) 3 different surgeries to date.
The final result, my preference, Oxycodone.
But the VA refused to prescribe anything.
Rather than fight City Hall I stayed with the outside doctors.
Then.
After private sector carpal tunnel releases the VA said no painkillers.
Private sector ankle joint cleanout, no VA meds.
Private sector foot fusion, nothing from the VA.
At the VA, artery cleanout, Anything that I asked for except for a bandage change.
The critical care ward didn't have enough budget to change dressings everyday.
But hey, any painkiller I ever heard of.
I was dripping blood all over myself but I got plenty of painkillers.
After leaving the VAMC, nothing.
sledge
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Larry, I would like to apologize.
Pete, you are absolutely correct.
sledge
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I found out that the VA was billing the ins in 1990.
The ins company used the lack of a VA diagnosis to stop paying.
Insurance claimed I owed them over 3000 from their overpayments to my shrink.
They not only can, they will.
sledge
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When did retirement become age determinate?
sledge
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"It does, in my opinion, help ALL vets, something I would hope you would agree is a good thing. There are plenty of homeless and vets earning below the average income level that VA cares for that may otherwise not receive treatment."
"in my opinion" is the reason I spoke up.
Give me some proof.
"may otherwise not receive treatment."
Why not?
If you know something about how the VA allocates money I would like to know also. The VA has their own version of mathematics. What is the formula for more or better treatment for homeless vets as the result of me giving up xx amount of dollars worth of my benefits?
You seem to have missed the whole point.
I was speaking of the higher level decision makers. The secretary, congress and the Regional Office people.
You are talking about the individuals at your local VAMC.
I don't know those people so I said nothing about them.
VA Management would have us believe that another veteran will receive better medical care, or just better care, as the result of us giving up our own care and benefits.
I would love to volunteer at any Regional Office so I can apologize to the people that I have mistakenly berated.
Can you hook me up?
sledge
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I went from 20 percent to 70 percent PTSD, TDIU and P&T all in the same award letter.
The PTSD claim came about after I mentioned PTSD in my hearing.
I had not requested TDIU or P&T.
However, right after I secured a lawyer we notified the VA of our intention to file
for Mandamus relief with the court.
The decision, a slam dunk, came along shortly thereafter.
They did, however, low-ball the effective date to the tune of 9 years.
They obviously wanted my case to go away.
I'm still fighting for the 9 years.
sledge
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More smoke and mirrors.
Something is going on right now that the VA wants our attention averted/diverted from.
Like the increases in co-pays and the lack of increases in compensation.
What else are they doing that erks a veteran or the vet's family?
In order to draw our attention away from one thing, they have to come up with another
thing that is completely stupid and/or simply outrageous.
Now that we see how badly they want to hide something that they already have in the
works, what do we think the VA is really after?
Maybe a change in travel pay that will nullify the last increase?
Maybe it's related to medications?
On the other hand, this change in the reasons and basis could be what they wanted all
along and thought that the new presumptives for agent orange would be noisy enough to
mask this other crap?
THERE IS something rotten in Denmark.
Have we seen it?
Are we going to see it?
Back up and regroup comrades, something devious is taking place.
sledge
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I noticed the numbers of dollars.
What other statistics are they basing the new coverage on?
Historically, the VA has had to be hit over the head with evidence to service connect anything.
Especially something that could cost billions.
I would love to see the complete arguments from both sides.
Webb may have been left out of the loop when the current secretary was selected.
Nothing pisses off a politician more than being ignored.
I see this whole thing as a childish pissin contest.
If the secretary is willing to service connect something for Viet Nam vets and Webb is a Nam vet, where in the hell is the problem?
sledge
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It must be nice.
I can't get my VA doctors to write any pain killers other than the useless over-the-counter stuff.
Would it help if I moved?
sledge
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Callover,
(Quote)
"It definalty help the vets, all vets, because it helps defray their cost and allows the VA to provide better and more services their budget might not have quite enough mone otherwise."
We are not helping to get better treatment for our fellow vets, we are just getting screwed.
The VA jerks get paid a bonus for saving the government money.
When you get shorted, nobody else, no other veterans will benefit.
All of the benefit goes toward paying jerks to screw you even more.
It's their perceived job and primary function.
The jerks receive more money in relation to how much they keep you from getting.
The secretary of the VA is supposed to tell congress if and when the budget does not cover all of the health care that veterans need.
Then congress is supposed to give more money to the VA.
I understand where you are coming from.
But, keeping one veteran from receiving proper medical care under the notion that another veteran will receive better care is just wrong.
It's morally and legally wrong.
It does not work that way.
If the health care system is overcrowded or overworked the secretary has, as part of his JOB, the responsibility of telling congress that the system needs more resources, NOW.
Then congress HAS TO make more resources available so no vet slips through the cracks.
If the secretary says nothing, the secretary has succeeded in saving the government's interest without waking up from his nap.
Making vets pay co-pays and keeping part of our travel pay is just wrong.
Nothing that we give up is going to help another vet get better treatment from the VA.
But it does lower the budget speculated for the next year.
When we buy into political rhetoric and feel good about giving something to another vet, keep in mind that the system is broken if they need to keep our earned benefits.
We deserve everything that we earned defending our country.
By figuring out how to keep it from us the VA jerks are simply screwing us and not helping any other vet as the result of screwing us.
We 'MAY' have just lowered the budget request for next year by receiving less than we earned.
A lower budget request means that even more of us will have to go without something so another vet will get something.
OOPS, I forgot, it doesn't work that way.
When a veteran does not receive everything that he earned, it is directly the fault of congress and the secretary and it has absolutely nothing to do with anything that another veteran gets or thinks he is giving up to help another veteran.
We have no control, none, zip.
The VA and congress are running the VA like they want it to run.
It's not going to get better.
Any politician that supports overhauling the VA is a liar.
If getting screwed makes you feel better and lets you sleep more peacefully, go for it.
sledge
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Historically, the VA uses the increase that Social Security comes up with.
Don't expect an increase in VA compensation until SSD gives one.
In the meantime, the VA will do whatever the VA wants to do.
sledge
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Treating sleep apnea has reduced some of my more serious medical conditions.
The thing about OSA in my case that pizzez me off is the length of time between
diagnosis and treatment by the VA.
15 years.
The reason so many new cases are showing up has nothing to do with new cases.
These new numbers are the result of the government and insurance companies
recognizing the value of preventative treatment.
Prevention of a host of other more expensive medical problems.
Treating sleep apnea with the CPAP machines is a no-brainer.
Spending a couple thousand bucks now WILL REDUCE future medical conditions
and save really big bucks at the HMO.
Just think of how many dollars a heart patient or severely depressed person
will cost the HMO and society in general.
The earlier it's treated will result in exponential savings.
People will not fall asleep at the wheel.
Production at work will be worth billions.
Crime will go down.
Medication abuse will diminish.
Parents are able to spend more quality time with their kids.
The list is endless.
sledge
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Those neck problems sound almost exactly like mine were.
Most of my hard structures have been replaced with titanium cages.
Most of the range of motion is in the top joint.
You can get along rather well if they fuse all of the rest.
Depending on you and your symptoms, traction might help to give you
a little wiggle room on deciding the direction that you want to go.
"I would get second opinions on all that surgery especially your neck.
VA hospitals are teaching hospitals. They need bodies."
I would shy away from the VA doing any cutting.
They save the parts that they want to study and burn the rest.
sledge
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Your apprehension is well founded in fact and I sympathize.
Been There, Done That.
Whether or not to continue the appeals has to be your decision.
It looks like you know the pros and cons.
Some consideration has to be given to a possible TDIU award as
his percentage of disability is already at 90 percent.
Having a couple of small awards added to the 90% will not push it
over the 95% threshold for reaching 100%.
However, the other disabilities, no matter how small they are
will provide validity to a request for a finding of TDIU.
There will probably not be any retroactive benefit money if
TDIU is awarded.
But the difference between 90% and 100%(TDIU) is a lot of money.
I was tickled when my '70% combined' award went up to TDIU.
My stuff had been stopped cold until I hired my 'FREE' lawyer.
Nobody knows how your appeals will be received at the RO.
In my case, I had nothing to lose by filing more appeals.
But, it was pulling teeth time just to get them to acknowledge
that I had a valid claim.
In your case I would file the appeals on the smaller claims and
ask for TDIU for the 90% award at the same time.
I am positive that others here would not do what I just
recommended for myself if my circumstances were the same for them.
I would appeal until his disability rating turns into TDIU.
sledge
Akaka Introduces Legislation To Improve Veterans’ Disability Claims Processing
in VA Disability Claims Research
Posted
Well, here we go again.
More vague rhetoric to appease the masses.
" * Set up a process to fast-track claims that have been fully developed; "
That sure sounds good.
How is that going to work?
They are supposed to have a system that does that already. Expedite Appeals or something like that...
" * Help veterans with multiple disability claims by allowing VA to provide partial disability ratings; "
That's a no-brainer.
Not only have they been doing that for decades that I know of, we call it low-balling, now they want to legalize it.
" * Provide that the Department give equal deference to the medical opinions of a veteran’s non-VA doctor. "
Once again, something that sounds good on the surface.
This is common sense and the VA jerks were by law, supposed to be doing that already.
Now they want new rules and regulations that tell them to follow the rules of engagement that have been in place since George Washington was a Boy Scout.
None of this crap is new.
They acknowledges that something is wrong, it needs to be fixed and they can only fix it by superseding the long established rules that have long been in place, 'but ignored' .
Mr. Akaka just proved that he is a politician looking for support for his next election campaign.
He also just proved that he either doesn't know how stuff works or he supports ' doing it that way because we have always done it that way' .
His idea of how to fix the system is just more of the same crap that politicians have been puking out for centuries.
Lip service without commitment to anything.
Until they do something about ignoring the rules and the evidence, called quality control, there will be no changes.
Of course, this is just my opinion.
sledge