Flatbroke

Thanks Carlie, Now I know why my NOD and IU are both over 400 days.

same

JOHN, My attorny has stuck with sinc 1995 and has done it Pro Bono. Former JAG officer and now highly dislikes the way the VA has treated us veterans.

My attorney will be calling me next week, but a couple of the points that we did discuss was what was pointed out here on Hadit. The complete filing would have to be read to see what is being filed along with the doctors report listing all the screw ups that the VA commited. The CAVC decision to me is wrong and I will continue to FIGHT the VA until I either win or these lungs take me out. Dont mean to vent but I plan on beating the lungs so I plan on beating the VA.

Thanks Carlie

Berta, I'm sorry 20% for back.

Berta, I appreciate the help Carlie and Berta for posting the decision and xxxing out pertaniate facts. Yes I recievd SC for Lower Back in 2007 but only retro till 2004. I am trying to get it back to 1970 because my military medical recoeds plainly states spondiliocis on top of my spina bifida. The way I read the CAVC decision is that the RO in Chicago made thier deciasion only according to thier xrays and not by my military medical records which they did not have. With regard to Mr. XXXXX first argument, the 2010 Board determined that his complete service medical records were not before the RO, but further determined that absent this error there nevertheless would not ha... If you read my military exit records then it states why I would be SC for lower back. My IMO from DR. XXX relates these facts plainly to the RO in St. Louis and that is where I was awarded SC for my back due to my medical records. Along with the fact that Dr. XXX teaches Xray, MRI, and Cscans and how to read them he proved that the VA was wrong and I reecived SC for my back. Do I have to hire a rocket scientist or the village idoit to explain it to them??? My attorney is eager to go to Federal Court because he is a litagation Attorney and spends alot of time there. When he gets back from New York next week he is going to study the decision and then call me and file an appeal. Number of days to file?? anyone.. Also in the decision the CAVC states that I recieved a SOCC from the remand that the St. Louis RO recieved and the CAVC is in error. I recieved a letter from the ST. Louis RO saying that they could not find records from Popular Bluff, Chicago, St. Louis and if they did not in thirty days them they would made a decision on what evidence that they had. I then wrote them a letter and explained to the idi__s that first if they spelled my name correctly that they might get some results. Also if they could not find records from Chicago, St. Louis and Popular Bluff I had copies and would be glad to supply them copies. No word again from the St. Louis Ro and then a letter from the BVA that St. Louis RO was correct and I still have not recieved a SOCC from St. Louis on thier decision that they apperantly supplied to the BVA. A little lengthy but they still get to me . Thanks for all the help and I will keep all postsed

Berta, The number on the CAVC decision is 10-1523. My attorney is supposed to call this afternoon and he has said in an email he was ready to take it to a Federal Appeal.

I have been emailing my attorney and he said that he does not mind filing a federal appeal, He is going to call me wed afternoon and we will discuss that. He has been working on my case since 1995 Pro Bono and is still going to. I really found a real good guy. He is a retired JAG Officer and did not have any idea that the VA was treating us vets the way that they are. He always handled active duty military. If anyone knows a site with some info on how to file a federal appeal please let me know. If PM subjet Fed APP and I wont junk it. Thanks.

Berta, As soon as I talk to my Attorney next week I will probably post the the numbers. As to xrays the original were in April of 1970 after I got out so they do not exist anymore. My problem is that I got an IMO from a QUALIFIED Physian that teaches xray, c scans, and MRI's and he explained to the VA back in 07 why I shouild have a disbality and it was off my Military Medical records and some other info that the VA has including xray results from 1989 when I started going to Columbia, MO. I will check out the site you have listed and I realy appreciate the help. Thanks Flatbroke

My attorney just emailed me that the CAVC just denied my claim for a CUE. Even though it states in my exit medical exams that I have spondalicis and spondalosis and it showed up on the xrays' The Chicago RO aparantly did not request copies of my military medicial records (as I read it) but thier decision to deny me SC for my back was correct according to thyier examination and xrays. But the same evidence got me a SC for my back in 2001. GO FIGURE My attorney is out of town until late next week and then we will get together and decide wher to go from here.

Escape, Glad to hear that you got your favorable decision. I was dignasoed two years ago with IPF and have been on oxygen ever since (VA supplied). I found out from a VSO that us Marines were exposed to the asbestoes insulation the same as the Navy personal in thier barracks and such were but not like the Navy personal were on board ship. I have put in for SC due to asbestoes exposure from the barracks, training rooms, and other buildings at San Diego from boot. I was also at LeJune in 69 (water?) and was in the barracks, class rooms and in the armory as an armor for a while. Along with being a Brig Guard at Great Lakes in early 70 just before I got out. And I am sure that there a lot of Marines and Sailors that were exposed that have not been diagonesed yet. Since I am on the lung transplant list I am hoping that it will be a no brainer for the raters and others since I have two years of breathing tests, x-rays, c-scans and exaimes all done by the VA at Columbia in MO and at the transplant center at Madison Wisc. Glad to hear that someone was on the ball and you got what you deserved. Flatbroke

Below is a list of sites that was sent to me by my Skipper from Nam and he passed it on to all of his Battery. If any of these sites helps anyone let some one else know. Comment: Someone has gone to a lot of trouble to assemble this. Please pass this on to all Veterans on your e-mail list. Below are web-sites that provide information on Veterans benefits and how to file/ask for them. Accordingly, there are many sites that explain how to obtain books, military/medical records, information and how to appeal a denied claim with the VA. Please pass this information on to every Veteran you know. Nearly 100% of this information is free and available for all veterans, the only catch is: you have to ask for it, because they won't tell you about a specific benefit unless you ask for it. You need to know what questions to ask so the right doors open for you and then be ready to have an advocate who is willing to work with and for you, stay in the process, and press for your rights and your best interests. Appeals http://www.warms.vba.../part1/ch05.doc <http://www.warms.vba.../part1/ch05.doc> Board of Veteran's Appeals http://www.va.gov/vbs/bva/ <http://www.va.gov/vbs/bva/> CARES Commission http://www.va.gov/vbs/bva/ <http://www.va.gov/vbs/bva/> CARES Draft National Plan http://www1.va.gov/c...page.cfm?pg=105 <http://www1.va.gov/c...page.cfm?pg=105> Center for Minority Veterans http://www1.va.gov/c...norityveterans/ <http://www1.va.gov/c...norityveterans/> Center for Veterans Enterprise http://www.vetbiz.gov/default2.htm <http://www.vetbiz.gov/default2.htm> Center for Women Veterans http://www1.va.gov/womenvet/ <http://www1.va.gov/womenvet/> Clarification on the changes in VA healthcare for Gulf War Veterans http://www.gulfwarve...TML/000016.html Classified Records - American Gulf War Veterans Assoc http://www.gulfwarve...TML/000011.html Compensation for Disabilities Associated with the Gulf War Service http://www.warms.vba...rt6%20/ch07.doc Compensation Rate Tables, 12-1-03 http://www.vba.va.go...ates/comp01.htm Department of Veterans Affairs Home Page http://www.va.gov/ <http://www.va.gov/> Directory of Veterans Service Organizations http://www1.va.gov/v...m?template=view <http://www1.va.gov/v...m?template=view> Disability Examination Worksheets Index, Comp http://www.vba.va.go...exams/index.htm Due Process http://www.warms.vba.../part1/ch02.doc Duty to Assist http://www.warms.vba.../part1/ch01.doc Electronic Code of Federal Regulations http://www.gpoaccess.gov/ecfr/ Emergency, Non-emergency, and Fee Basis Care http://www1.va.gov/o...docs/fedben.pdf Environmental Agents http://www1.va.gov/environagents/ <http://www1.va.gov/environagents/> Environmental Agents M10 http://www1.va.gov/v...asp?pub_ID=1002 Establishing Combat Veteran Eligibility http://www1.va.gov/v....asp?pub_ID=315 EVALUATION PROTOCOL FOR GULF WAR AND IRAQI FREEDOM VETERANS WITH POTENTIAL EXPOSURE TO DEPLETED URANIUM (DU) http://www1.va.gov/g...k1303122304.DOC and http://www1.va.gov/v...asp?pub_ID=1158 See also, Depleted Uranium Fact Sheet http://www1.va.gov/g...iumFAQSheet.doc EVALUATION PROTOCOL FOR NON-GULF WAR VETERANS WITH POTENTIAL EXPOSURE TO DEPLETED URANIUM (DU) http://www1.va.gov/g...GW130340304.DOC Fee Basis, PRIORITY FOR OUTPATIENT MEDICAL SERVICES AND INPATIENT HOSPITAL CARE http://www1.va..gov/vhapublications/ViewPublication.asp?pub_ID=206 Federal Benefits for Veterans and Dependants 2005 http://www1.va.gov/o...docs/fedben.pdf <http://www1.va.gov/o...docs/fedben.pdf> OR, http://www1.va..gov/opa/vadocs/current_benefits.htm Forms and Records Request http://www.va.gov/vaforms/ <http://www.va.gov/vaforms/> General Compensation Provisions http://www.access.gp...chaptervi_.html Geriatrics and Extended Care http://www1.va.gov/geriatricsshg/ Guideline for Chronic Pain and Fatigue MUS-CPG http://www.oqp.med.v...us/mus_base.htm Guide to Gulf War Veteran's Health http://www1.va.gov/g.../VHIgulfwar.pdf Gulf War Subject Index http://www1.va.gov/G...e=main&letter=A Gulf War Veteran's Illnesses Q&As http://www1.va.gov/g...andAsIB1041.pdf Hearings http://www.warms.vba.../part1/ch04.doc Homeless Veterans http://www1.va.gov/homeless/ <http://www1.va.gov/homeless/ HSR&D Home http://www.hsrd.research.va.gov/ <http://www.hsrd.research.va.gov/> Index to Disability Examination Worksheets C&P exams http://www.vba.va.go...exams/index.htm Ionizing Radiation http://www1.va.gov/irad/ <http://www1.va.gov/irad/> Iraqi Freedom/Enduring Freedom Veterans VBA http://www.vba.va.gov/EFIF/ M 10 for spouses and children < http://www1..va.gov/vhapublications/ViewPublication.asp?pub_ID=1007 Part III Change 1 http://www1.va.gov/v...asp?pub_ID=1008 M21-1 Table of Contents http://www.warms.vba.va.gov/M21_1.html Mental Disorders, Schedule of Ratings http://www.warms.vba...ART4/S4_130.DOC Mental Health Program Guidelines http://www1.va.gov/v...asp?pub_ID=1094 Mental Illness Research, Education and Clinical Centers http://www.mirecc.med.va.gov/ MS (Multiple Sclerosis) Centers of Excellence http://www.va.gov/ms/about.asp My Health e Vet http://www.myhealth.va.gov/ NASDVA.COM <http://nasdva.com/> http://nasdva.com/ National Association of State Directors http://www.nasdva.com/ National Center for Health Promotion and Disease Prevention http://www.nchpdp.me...oymentlinks.asp Neurological Conditions and Convulsive Disorders, Schedule of Ratings http://www.warms.vba.va.gov/regs/38cfr/bookc/part4/s4%5F124a.doc OMI (Office of Medical Inspector) http://www.omi.cio.med.va.gov/ Online VA Form 10-10EZ https://www.1010ez..med.va.gov/sec/vha/1010ez/ Parkinson's Disease and Related Neurodegenerative Disorders http://www1.va.gov/r.../parkinsons.pdf and, http://www1.va.gov/padrecc/ Peacetime Disability Compensation http://frwebgate.acc...Cite:+38USC1131 Pension for Non-Service-Connected Disability or Death http://www.access.gp...bchapteri_.html and, http://www.access.gp...chapterii_.html and, http://www.access.gp...hapteriii_.html Persian Gulf Registry http://www1.va.gov/v...asp?pub_ID=1003 This program is now referred to as Gulf War Registry Program (to include Operation Iraqi Freedom) as of March 7, 2005: http://www1..va.gov/vhapublications/ViewPublication.asp?pub_ID=1232 Persian Gulf Registry Referral Centers http://www1.va.gov/v...asp?pub_ID=1006 Persian Gulf Veterans' Illnesses Research 1999, Annual Report To Congress http://www1.va.gov/resdev/1999_Gulf_War_Veterans'_Illnesses_Appendices.doc Persian Gulf Veterans' Illnesses Research 2002, Annual Report To Congress http://www1.va.gov/r...ulfWarRpt02.pdf Phase I PGR http://www1.va.gov/v...asp?pub_ID=1004 Phase II PGR http://www1.va.gov/v...asp?pub_ID=1005 Policy Manual Index http://www.va.gov/pu.../eds/edsmps.htm Power of Attorney http://www.warms.vba..va.gov/admin21/m21_1/mr/part1/ch03.doc Project 112 (Including Project SHAD) http://www1.va.gov/shad/ Prosthetics Eligibility http://www1.va.gov/v....asp?pub_ID=337 Public Health and Environmental Hazards Home Page http://www.vethealth.cio.med.va.gov/ Public Health/SARS http://www..publichealth.va.gov/SARS/ Publications Manuals http://www1.va.gov/v...tions.cfm?Pub=4 Publications and Reports http://www1.va.gov/r..._individual.cfm Records Center and Vault Homepage http://www.aac.va.go...lt/default.html Records Center and Vault Site Map http://www.aac.va.go...lt/sitemap.html REQUEST FOR AND CONSENT TO RELEASE OF INFORMATION FROM CLAIMANT'S RECORDS http://www.forms.va....e=3288-form.xft Research Advisory Committee on Gulf War Veterans Illnesses April 11, 2002 http://www1.va.gov/r...April112002.doc Research Advisory Committee on Gulf War Veterans Illnesses http://www1.va.gov/r...ations_2004.pdf Research and Development http://www.appc1.va....ll_programs.cfm Survivor's and Dependents' Educational Assistance http://www.access.gp...chapter35_.html Title 38 Index Parts 0-17 http://ecfr.gpoacces...t/text/text-idx Part 18 http://ecfr.gpoacces...t/text/text-idx Title 38 Part 3 Adjudication Subpart A "Pension, Compensation, and Dependency and Indemnity Compensation http://ecfr.gpoacces...t/text/text-idx Title 38 Pensions, Bonuses & Veterans Relief (also § 3.317 Compensation for certain disabilities due to undiagnosed illnesses found here) http://ecfr.gpoacces...fr3_main_02.tpl Title 38 PART 4--SCHEDULE FOR RATING DISABILITIES Subpart B--DISABILITY RATINGS http://ecfr.gpoacces...t/text/text-idx Title 38§ 4.16 Total disability ratings for compensation based on unemployability of the individual. PART A "SCHEDULE FOR RATING DISABILITIES Subpart à "General Policy in Rating http://ecfr.gpoacces...t/text/text-idx U.S. Court of Appeals for Veterans Claims http://www.vetapp.gov/ VA Best Practice Manual for Posttraumatic Stress Disorder (PTSD) http://www.avapl.org...20final%206.pdf VA Fact Sheet http://www1.va.gov/opa/fact/gwfs.html VA Health Care Eligibility http://www.va.gov/he...ome/hecmain.asp VA INSTITUTING GLOBAL ASSESSMENT OF FUNCTION (GAF) http://www.avapl.org/gaf/gaf.html VA Life Insurance Handbook ¬" Chapter 3 http://www.insurance...kletch3.htm#310 VA Loan Lending Limits and Jumbo Loans http://valoans.com/va_facts_limits.cfm VA MS Research http://www.va.gov/ms/about.asp VA National Hepatitis C Program http://www.hepatitis.va.gov/ VA Office of Research and Development http://www1.va.gov/resdev/ VA Trainee Pocket Card on Gulf War http://www.va.gov/OA...ard/gulfwar.asp VA WMD EMSHG http://www1.va.gov/emshg/ VA WRIISC-DC http://www.va.gov/WRIISC-DC/ VAOIG Hotline Telephone Number and Address http://www.va.gov/oi...ne/hotline3.htm Vet Center Eligibility - Readjustment Counseling Service http://www.va.gov/rcs/Eligibility.htm Veterans Benefits Administration Main Web Page http://www.vba.va.gov/ Veterans Legal and Benefits Information http://valaw.org/ VHA Forms, Publications, Manuals http://www1.va.gov/vhapublications/ VHA Programs - Clinical Programs & Initiatives http://www1.va.gov/h.../page.cfm?pg=13 VHA Public Health Strategic Health Care Group Home Page http: // www.publichealth.va.gov/ VHI Guide to Gulf War Veterans ¬™ Health http://www1.va.gov/v...study/index.asp Vocational Rehabilitation http://www.vba.va.gov/bln/vre/ Vocational Rehabilitation Subsistence http://www.vba.va.go...istencefy04.doc VONAPP online http://vabenefits.vb...vonapp/main.asp WARMS - 38 CFR Book C http://www.warms.vba.va.gov/bookc.html Wartime Disability Compensation http://frwebgate.acc...-bin/getdoc.cgi War-Related Illness and Injury Study Center - New Jersey http://www.wri.med.va.gov/ Welcome to the GI Bill Web Site http://www.gibill.va.gov/ What VA Social Workers Do http://www1.va.gov/s...k/page.cfm?pg=3 WRIISC Patient Eligibility http://www.illegion.org/va1.html that is all s/f out

Bigred, I went in for a hearing at the st. louis ro with my attorney and as we were setting there the hearing officer was flipping through my c-file and I noticed the denial from April 1970 which I had asked for copies of on at leasy 4 differant times but never recieved it. My attornies had asked for copy of my c file and did not recieve those papers either. So I asked for copies right then and the hearibng officer had to make copies right then and give copies to my attorney and myself. My case is at the court of veterans afffares and has been there for over a year.

SP4RVN1971 I wont be able to go a PCP until Feb 28th. My first visit with a PCP since Nov 2010 when mine passed away from his own cancer. I am on 2400 mg a day for PN and resudial pain from shingles. On my good days, with my left foot expecially, it is only like stepping on a lit cigeerate. On other days it is like stepping on the whole lite pack. I am trying to not go any higher because with the heart meds, lung meds, type II meds,, and all the rest that I take its bad enough. Between not sleeping at night and then falling asleep in my recliner while trying to watch TV with the family life is confusing.

Greatescape, Glad to hear you won. I have put in for similiar exposure and would like to know what evidence you had. Flatbroke

I think that if the VA medical Centers would use the zip plus four then it would narrow it down to the vets house from the Hospital. That way vets that live on the "other side of the zip code" would get a fair shake on travel pay. But then they would raise the first part deductions to cover that error. Just my opinon, but as it was always said at Fort Wood "check your common sense at the gate" and pick it up on the way out.

maybe we need to hit reply on each one and see if they can figure it out..

Pete, I was told that I would have to try Gapabentin until I hit the max of 3600mg per day before they would let me try Lyrica if the Gapabentin was not doing me any good. I almost got over to Lyrica but a Dr. caught the residents recomandation and changed it. Since I have not had a PCP since Nov 2010 I have had to catch an appointment in the clinics and most of the time with a Nurse Practioner. There is a couple of good ones where I go to the clinic at the fort but I asked for a primary and had to take one two and one half hours away. But he was my doctor before he transfered back to Columbia where he lived. I will talk to my new - old primary in Feb when I see him.

I have been taking Gapabentin since July for Shingles (down the back of left leg) at 600mg 4 times a day. Also have PN but still have burning in both feet. But now I know why I started to creep up in my weight. Back on scheduled diet with calories and as much exercise as I can tolerate. I finaly have a PCP since mine passed away Nov last year. My first Appt is Feb 28,2012 and I have to drive to Columbia 2.5 hours away until they find a replacement here at Fort Wood. They are talking about raising my dosage up, but the max they said is 3600mg a day. We will see if that helps.

Congrats Carlie You deserve it Enjoy

I have Idiopathic Pulmonary Fibrosis and was granted SSD in less than 15 days. Social Security investigators talked to my docters at Harry S. Truman Hospital in Columbia, MO and I was approved immediatly. This was in January on this year and I have applied fot IU and am waiting on the VA for all this time NO HURRY - they can't even talk to thier own doctors

Did anyone see where she or the Attorney has to return the funds??

What does VBM stand for????

KYDALE, I am 90% right now but have been 50% since 2004. The VA pays for all my meds and is paying for me to go to Madison Wisc for lung transplant evals. When I had insurance they billed them but since I am not working and not old enough for Medicare they pay for all. They pay for travel and put me and my wife up at the hospital. The only thing they do not pay for is meals. At the present time my lung conditions are not SC, but I am trying to get it service conected.