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jmack

First Class Petty Officer
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Posts posted by jmack

  1. Yeah, I've tried it. After about a week I had the perfect plan and desire to kill myself. It really had me feeling good about putting my 9mm in my mouth and pulling the trigger. The drug made me feel that that was the answer to all my pain, fatigue, diabetes, depression, etc. etc. It was prescribed to me for depression. I was fortunate that I fell asleep during this "perfect plan" otherwise I would not be here today. Thank goodness that I had an appt with all the shrinkeroos the following day and was discontinued from the cymbalta.

    But everyone reacts differently. Hope this helps.

    jmack

  2. Sorry to hear about your son, my condolences. I would think that the first thing you may consider if not already is a referral for a endocrinologist. Search for one, especially if you have additional medical insurance. Sometimes these primary care providers try to be "one doc fits all" so see if you can get an endocrinologist involved, they are the experts in that area.

    Good luck,

    Jmack

  3. Ok everyone, I spoke with the SSA DDS about 2 weeks ago and they said that a decision had been reached. They said that they couldn't tell me over the phone but it would be "mailed out tomorrow, or next week". That was 2 weeks ago and I still have not heard anything. Is this good, bad, or a call back again a see if they will give me an answer. What do you brothers and sisters think? This is driving me up the walls.

    jmack

  4. They will rate you on the rediduals- it is hard for me to even guess what rating that would be.

    If they rated you at 10% up to the surgery this seems completely wrong to me-

    If that decision is beyond the appeal period you might be able to file a CUE claim- showing they had made legal error in the diagnostic codes and the way they applied the rating schedule at time of that decision.

    Berta,

    You bring to the table a very interesting point regarding an appeal and a CUE claim. How beneficial is it if you WIN a CUE claim? Perhaps you could explain it to me? If it means that I am/was entitled to more money, then let me mentioned that after reviewing my C-file there appears to be several mistakes regarding other claims that I feel wasn't rated appropriately. What do you think, or any other members have any insight? Sure could use the money.

    jmack

  5. Most of the knee replacements decisions I have read at the BVA are rated-after the initial 100% temp- at 30% -yet some present a very severe residual picture- and they are rated higher- such as this vet who needed additional knee surgery:

    http://www.va.gov/vetapp95/files2/9507164.txt

    This more recent case shows exactly how they rate the residuals:

    http://www.va.gov/vetapp07/files1/0706018.txt

    Thanks Berta,

    They kind of short-changed me anyhow from the beginning by rating both knees at only 10%. And you are the second person that has told me that after 12 months that it is automatically rated at 30%. So I stand to gain in both areas: 1. no more pain in the knee 2. an increase of 20%, I'm I correct?

    jmack

  6. I dont know if you are entitled to SMC-

    Is the 100% you get now due to the knee and similiar to this case?

    This claim at the BVA shows how they rate knee replacements:

    http://www.va.gov/vetapp07/files1/0706662.txt

    "Under 38 C.F.R. Section 4.71a, Diagnostic Code 5055, when

    there is prosthetic replacement of the knee joint, a 100

    percent evaluation is assigned for the one year following

    implantation of the prosthesis. Since the Board has found

    that the veteran's left knee replacement is related to his

    service-connected left knee disability, the veteran is

    entitled to a 100 percent rating for one year"

    After that year they rate the residuals.

    My neighbor has two knee replacements service connected-but he doesnt get 100% anymore.

    Or is your 100% for some other SC disability? As the P & T status surprises me if this is the knee rating.

    No, I am already rated 100% P & T schedular. I guess my question should be if there is SMC for the total knee replacement while it is individually rated at 100% temporary for 12 months. Maybe some other compensation that I am entitled to.

    jmack

  7. I dont know if you are entitled to SMC-

    Is the 100% you get now due to the knee and similiar to this case?

    This claim at the BVA shows how they rate knee replacements:

    http://www.va.gov/vetapp07/files1/0706662.txt

    "Under 38 C.F.R. Section 4.71a, Diagnostic Code 5055, when

    there is prosthetic replacement of the knee joint, a 100

    percent evaluation is assigned for the one year following

    implantation of the prosthesis. Since the Board has found

    that the veteran's left knee replacement is related to his

    service-connected left knee disability, the veteran is

    entitled to a 100 percent rating for one year"

    After that year they rate the residuals.

    My neighbor has two knee replacements service connected-but he doesnt get 100% anymore.

    Or is your 100% for some other SC disability? As the P & T status surprises me if this is the knee rating.

    No,

  8. My DRO Hearing for EED was denied in 6 days. In a nutshell the DRO ruled that Hartness V Nicholson applied only to Veterans over 65 and in no way applies to me.

    I intend to fill out a form 9 and appeal but I am a little discouraged. I did not read Hartness as applying to a particular sub set of Veterans maybe I can't read.

    Pete

    Pete:

    Sorry about the denial, and may you only be discouraged only a little while. Hang in there, you know we are all pulling for you. Good luck on the appeal.

    jmack ;)

  9. Just to piggy-back off Don and Pete, with the support and understanding from my wife, I don't owe none of them an explanation. Until they can walk in our shoes, those of us with mental illness, they can continue on their ignorant ways. The way I feel is that it's taken me a long time and lots of therapy to accept the fact that I have a mental disability. There are alot more that's not man or woman enough to admit their problem. Like I said earlier, I tried to work, but eventually I couldn't do it. Yes, there was this part of me that was still in denial of being disabled. 40 something and disabled? Major Depressive Disorder and medicated? No way!!! Yes way, got it and got the T-shirt. 100% P&T. Heck,Iam underpayed by the Government and they know it. Give me back ALL my good health and my good job and you can have this stigmatic label. Or give me and the rest of my fellow veterans the benefits we deserve without penalty whether we work or not, IU or P&T. "All paid some, Some paid ALL". It belongs to "US" anyhow!! There I go again, any suggestions on how I can remember these DARN meds, and take them on time?

    jmack

  10. Great topic with great ending results for the veteran. It kind of makes one say to himself is there more that could be done me. So, as ideas come to me I think that on my good days that I have, I may just check with some of the homeless vets and see how I can help them get started, if they haven't already submitted a claim for benefits. Thanks Pete for starting this topic.

    jmack

  11. I am SC'd for MDD at 50%. It is extremely hard to maintain employment on a level that once was considered a "breeze". Being 100% P/T, not IU, I was able to work. But let me tell you that it did'nt last long, and I hated that because not only was it almost six figures that I was earning, it helped me cope with my mental issues. However, the Psy was right when she rated me in saying, "veteran will not be able to MAINTAIN gainful employment". I was out to prove her wrong because I wanted to WORK. Now I sit here because It eventually took its toll on me and I had to quit working because of my mental incapacity.

    And as I am typing I have forgot what it is I am commenting on, go figure. Let me regroup and see why I was mad when I began typing this. Oh, probably time for my meds. Darnit. LOL, anyway I am with cowgirl, good luck!!

    jmack

  12. If you have relevant information regarding your upcoming C&P claim SUBMIT it, especially if it's gonna benefit your claim. If you have additional information submit it regardless of the fact that the VA has contracted doctors. I am rated 100% P/T and never took any records with me to an exam. The examiner was provided my medical records from the VA, so why would I need to take records from a VA doc? Any other records that you have should be provided to the VA by YOU. During my exams the Doc would make reference to any previous notes or visit that he had right there and I would confirm his observations. Yes, mention it to the C&P examiner about any other opinions by other doctors, but don't drive yourself "nuts" over that as long as the facts are there you will prevail. Perhaps you may consider, if you don't already have, getting a POA. Hope this helps and good luck. If anything I've said in error please forgive.

    jmack

  13. Hey Flatbroke:

    The same thing happened to me once. I called to check on my claim and they said that, "your claim has been closed, AND filed away as being finished". The VA rep apologized for the mishap and luckily, put my claim ahead and continued the decision process. So it does happen and I am almost certain that this is the case with your claim. Some "bonehead" goofed. That goes to show that you can't take a break while pursuing VICTORY!!! Good luck.

    jmack

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