Abe111

Betty -- I have been looking through all of your past post and trying to put everything together. You have a huge hurdle to overcome. It looks like you have several VA doctors saying that there is no nexus between your mental disabilities and your military service. Even if you have one outside doctor saying yes you will not overcome the benefit of the doubt rule. Looks like you have at least 2 doctors ( I believe you mentioned there maybe more) saying no. 2-1 will not overcome the benefit of the doubt rule. 2-2 will. Are there any VA doctors at your local VA medical center that would be willing to again look at your medical records and give an independant medical opinion? All of my research and reading leads me to believe that a VA doctor carries much more weight than a outside doctor when trying to clear the nexus hurdle. The reasons I believe are clear to all. Besides doing this perhaps a medical opinion outside the VA will strengthen your claim. But I truly believe you need a VA doctor to support you. Perhaps the Chief of Staff at your local VA medical center would be a good place to start. Sitting back and getting all of your thoughts in order may help. Re-reading your service medical records with a cup of coffee and a quiet room may help you to find something everyone missed, even you. Like the others mentioned you need to be persistant and not give up. You can do this but it will take a great deal of time and perhaps a little money if you need to go outside the VA. But I would encourage a VA doctor if you can find one to help you, it is your best hope with your nexus. Abe.

Betty -- Have you gained any ground in your claim since recieving your NOD? I recall you asking Berta for advice as well as others. Will you be going to the Court or trying to resolve it through the AMC? Abe

Todd -- Again a doctor cannot recommend a rating or give a rating. Just make sure he does a good job. You can pull a copy of a C&P exam somewhere on the VA webiste. I even believe you can find one here on this site, what they are suppose to do is well spelled out. When you get it go over your C&P exam from the VAMC as was recommended, make sure everything was done. You can get a real good idea by going over your C&P exam what is going to happen. If everything was not done make a real issue of it and you will probably get another C&P. If the doctor did a good job sit and wait and see what happens. It just makes me a little concerned when the doctor said he is going to push for a 20% rating or more. One positive note maybe he knows the "language" to get you there or perhaps even a higher rating. Abe

First I would use caution. A dentist cannot recommend 20% for a rating. They submit medical evidence and that is it. I had an experience with this in 1991. I got knocked in the mouth, wont go into detail about it but it was a line of duty injury. Thought I would get compensation for my condition when I was discharged. What the VA did in my case in assign 3 teeth that can be treated at the dental office at the VA and that is it. I get no compensation for anything accept the treatment, I am not 100% or TDIU either. From what I know this area of compensation is very difficult to establish and or get treatment for. Many others may add to this but please hope for the best but dont get excited about a 20% rating. Again doctor and dentist cannot recommend a thing only submit medical evidence for evaluation by the rating specialist. I would bet if he did this your case would be sent back for another evaluation by a different dentist. I hope you get it though. Abe

Every nurse in the VA system deserves a "bonus". Every nurse I ever dealth with treated me like gold. They are the backbone of the VA health system. As for the bonuses for the BVA workers .......well........ they can wait a while for their bonus, maybe a year or a year and a half. How long did we wait for a letter in the mail saying no or once and a while yes. As for the VA executives I am sure they will get something for signing something or writing a memo or fast letter or maybe even going to a meeting. Oh... if your SSN # is stolen because a VA employee took it home... hmmmmm promote the person who waited telling the FBI and the inspector general and then throw him 10 grand for doing a good job. As for the employee's supervisor, let him retire, give him a piece of wood telling him how well he served the VA system, give him a check for all of his accured leave, then at the end of the year give him a sustained superior performance award. The system will make your head spin if you think about it too long. Abe

The only person who has a vested interest in a claim is the veteran filing the claim (or a family member of the vet, even a good friend like yourself). I found more assistance on this website than any SO I have ever dealt with. Perhaps filing the proper paper work would be helpful, I quess the SO or the veterans organization would be helpful in that area but then the Vet should take control of his/her claim. Abe

Mailed on Monday.........

I have know idea what you are asking or telling us.

Betty -- Looks like DR. LL destroyed the nexus between your mental issues and its relationship to your service. I thought that the benefit of dought rule always favored the veteran. If you had a one doc on your side and another doc on the VA's side you should have won and never got to this point? Who is this Dr. LL? Perhaps you can appeal to the court and in the meantime ask for another independant opionion? I wish you all the best. Abe

If the disability occurs with less that 90 days of service, A "line of duty injury" must go through the chain of command for numerous signatures. The line of duty could be rejected at any level. If the line of duty injury is deemed valid, the branch of service will then convene a medical evaluation board for review and grant a rating. If the line of duty injury is deemed "existed prior to military service" the board will still grant a rating and discharge the person, of course with no compensation. The 90 day period is during a period of war. During peace time, dependending how one reads the regulations, it is 180 days for enlisted and 24 months for officers. But, my experience with this has been any service injury is investigated and the "line of duty" inquirey is always conducted to see if the injury involved alchohol or drug abuse. I saw this first hand, a couple of my friends were driving drunk and were seriously hurt when they drove into a tree. Discharged with no compensation, bad conduct discharge. During AIT I had a buddy fall of the the repelling wall and break his back. I saw him after graduation in the medical idel unit waiting for his medical evaluation board to convene. His line of duty was obviously granted. Knowing the VA he may still be waiting for a rating though. Abe

On the back of your rating decision it reads that you must report your income from the guard or reserve to the VA. My guess if there is an offset. If your pay is more than your compensation from the VA I guess you will be going to drill for a little money and points toward retirement. If your compensation from VA is more than your drill pay you will be going to drill just for your retirement points. Tough call on what to do. If you are close to retirement it very well maybe worth your while for your retirement card, pension and insurance for your family. If you are young in your career with the reserve or guard component, you have alot of thinking to do. Abe

Many vets at my VA do volunteer. It is a great opportunity to help. Many volunteer in the nursing home and help out with activities. Just keep an eye out for your C&P doctor. Do what you can and nothing more. Maybe Im a little paranoid but they dont forget.

p 314... - I had some of the same problems at the bookstore, but learning from that I called before the semester started... anyway.... I think alot of the issues as the previous vet posted had to do with the school. I still believe the program is great and you wont find any better when furthering an education and a future. Of course alot of it has to do with the va employees that your dealing with, but, it is a fantastic program that gives us all the tools we need to further our education or trade. In my opinion it is the best the VA has to offer and the most vet friendly, dont have to wait a year for an answer and the bills always get paid, plus your given a piece of paper that says you did it and no one can take that away. Just my thoughts, ABE PS: My Voc Rehab councelor told me when I first interviewed thousands of Vietnam Vets got their CDL through this program and it worked well for them. If you are given another oportunity to re enroll in the program try it, you may find a better school and more opportunity. Dont give up on a great thing.....

I can certainly be critical of alot of va programs. But not the voc rehab. It is probably the best program for people who want to work and those who do not or can not it is probably not a receptive program. For TDIU, first dont apply for the program if you feel you cannot work. If you accept it if it is offered your probably telling the va you are able and willing to work. Believe me, they asked me if I could and would find work. This program is just in my opinion a great program for people who want to further their education and attempt to be a productive in a job and prepare for advancement. It worked well for myself and many other vets. I came out of the program with no student loans. Tell me a recent college grad who is not in any for of debt.. Abe

I'm a little confused. When I went through the voc rehab program the va paid my tuition, books, supplies and gave me a stipen which included a supplement for dependants. I'm trying to figure out how and why you took out a student loan. If you needed extra money for what ever you could have taken out an interest free loan and have a monthly deduction from your compensation. If your professor had a requirement that you need a computer for his class, it needed to be in his course outline, you can and should have recieved a computer. Mine came from Dell in the mail. If these things are not true the program has certainly changed. Abe