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68mustang
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Posts posted by 68mustang
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It means the VA has received your claim for ED and it has been datestamped, put in the claims folder, and a database record created for it in our tracking program. An interesting question would be to know where your claims file is; it may be located at a VAMC for a doctor to do a medical opinion on your ED, in which case, they can't do the FOIA on it till the file returns.
Thanks James, Great to hear from you again. Will try to find out just where the file is at.
68mustang
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I had file an IRIS inquiry to check on a deferred claim and the following is on the hard letter I got today:
"Our records show that your claim for ED is established and we are reviewing your file"
Does anyone know what is meant by VA language "established"?
My claim started in the Houston RO, went to Oklahoma, and now is in Salt Lake City,UT. Just last week I got a call from the Houston RO that my file was being used for an FOIA and that it would take a while before I received a response on the deferred claim because the file was not available. It is kind of confusing to hear from two different offices within less than a weeks time with two different responses.Thanks.
68mustang
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Has anyone in and around the San Antonio, Texas area been able to get an "In Person Authentication" for the ebenefits web site? I called the Audie Murphy VA Hospital and the person who handles myhealthevet there said he had heard about ebenefits, but did not know how to go about getting the IPA. How about anyone else in a different part of the country, how did you get an IPA or the capability to log on to ebenefits? Thanks.
68mustang
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Same here unable to process your request.
68mustang
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I did not where to post this. OK if it needs to be moved by the monitors. It may get political.Click for story on yahoo.com
68mustang
http://news.yahoo.com/s/ap/20100616/ap_on_he_me/as_vietnam_us_agent_orange
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I am no expert on SMC in fact it is still sort of a mystery but here goes my question. Currently I am 100% plus SMC S Award for which I am grateful. But my question is the fact that for over 1 year on every Tuesday and Thursday the VA pays a Nurse to visit me and also an Aide who helps with keeping my feet in good shape.
I was reading and it said that the VA would consider a higher rating for Veterans who needed more on SMC. Since the VA decided to do this and they keep reauthorizing every 60 days for over 8 times so far would I be entitled to higher SMC and should I ask for it?
Thanks for anyone who has any ideas I plan to talk to my VSO on Tuesday.
Pete
Pete
JamesBreckenridge may be able to provide some help.
68mustang
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I would look for a Viet Nam Veterans of America, our own in house VSO Larry or PVA I think they will at least listen to you.
The American Legion is pretty much a joke and you are lucky to be done with them. Sorry if I am stepping on toes but that is how I feel about that.
Pete53
Years ago when I went to Houston for one of my claims I made the mistake of being represented by the American Legion. I was called by the American Legion rep in Houston to be there about 1 1/2 hrs. before the hearing. It was 200 miles one way to Houston. I show up and unknown to me at the time the rep passed by on his way to lunch. I sat there with my wife waiting and waiting and the rep comes back from lunch and made me wait till about 5 minutes before the hearing to go over my claim. Needless to say it was the first and last time I dealt with the American Legion. They may be great, but at the Houston office at that time they were not very good. I lost my claim.
68mustang
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Today someone called me three times and the first 2 times hung up after blurting out some thing that sounded Arabic which I did not understand. The third call I answered Homeland Security and there was a loud click but no more calls.
I am on the do not call list, but lately there have been many calls from 800's numbers and other area codes. Some calls I cannot understand what they are saying and I hang up only making it worst. I don't know how they circumvent the do not call list, but it is my understanding that the callers use U.S. phone numbers to call from outside the U.S. I type the numbers into google search and most times there are other posting about calls from the same numbers. I then find out that others have had the same problems that I have had with the callers. What I started doing is if I don't know the phone number on my caller ID that is calling I let the call go to the answering machine. I will tell you that almost all don't leave a message, but at times will continue to call and I continue to not answer those calls.
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Does anyone know if there is an official Navy or government list that show the names of the U.S. Navy WWII type ships that were infested with asbestos? I know there are some lists that are out there, but I remember any of them being official government lists.
68mustang
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Several months ago, I helped a vet write his Notice of Disagreement.
It contained what and why he disagreed, etc....
The very last sentence in the NOD - it clearly and specifically requests
a Decision Review Officer (DRO) Hearing.
In yesterday's mail he received a VA form letter, asking him to fill it out
and return it. The form letter is regarding whether he wants a Traditional Appeal or a DRO ?
This just burns me up - all these extra months because they aren't reading the NOD
that already states he wants a DRO Hearing.
Another thing is the letter from VA, DOES NOT MENTION THE OPTION OF A DRO HEARING
it only gives two options, 1) Traditional Appeal or 2) DRO Review.
WHY the heck don't they have the option of a DRO Hearing on this form letter ?
I guess keeping veterans in the dark on all of their options is what................
NON - ADVERSARIAL ? ?
jmho,
carlie
Carlie what is the veteran's next step? Accept what the VA offered in the letter or ask again for a Decision Review Officer (DRO) Hearing?
68mustang
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Okay, I was able to get a DEERS DS Login account. I had to enter maiden name (name I had in the Army). I am NOT retired; I got out back in 1984 and was really surprised to learn that I'm still in the DEERS system.
I talked to a nice woman at this phone number: 1-800-983-0937 and she helped me through the process.
She also told me that soon we would be able to be ID verified through our MyHealthEvet accounts. So if you've gone and gotten ID verified for a MyHealthEvet account, you won't have to go to the VARO to be ID verified. She said that there would soon be a link on the MyHealthEvet website to take us to the eBenefits site. It was supposed to be there by the end of April, but it's taking longer than they expected.
I also talked to someone at DEERS to get my mailing address updated. That phone number is 1-800-538-9552. The man I spoke to there was very helpful as well, and knew all about eBenefits.com coming online, and that we were soon going to be able to access it via MyHealthEvet.
Hope this helps!
hedgey
Thank you for obtaining this helpful information. Talk about a wild goose chase. I wasted my time at Audie Murphy VA Hospital the other day. I asked in one office about ebenefits which sent me to the ROI office which then me sent to the library which then sent me to the DAV office there at the hospital. I did not go to DAV office and went home.
I do have level two on MYHealthevet and will wait till I am able to access ebenefits through that. Thanks again for letting us know.
68mustang
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I have a DRO hearing in the not so distant future and not having gone through one, I would like to know more about what goes on in such a hearing. I am told that my previous AMVET SO had requested an informal hearing. What is the difference from and informal hearing and a formal hearing? I was asked by my Replacement SO whether or not if I wanted a recording of the hearing and I opted to have one, I hope this is what I should request, it just seems logical that I should. Anyway it might help my nurves if I know as much as I can about this type of hearing.
Any help and or experiences you might have, s gratfully and egerly appreciated.
Rockhound Rider
:)Rockhound
I hope someone answers your post because I might end going the same route in the future. Thanks.
68mustang
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Hoppy thanks again for the response.
Which do you all recommend I go to a psychiatrist or psychologist for another diagnosis for PTSD? My insurance has some that I can use to get checked out again versus what the C&P examiner wrote. Thanks.
68mustang
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mustang,
Secondary evidence of a stressor is defined for cases of unreported personal assault in the M-21. Un=reported assaults are very difficult to establish the stressor. Read this section of the M-21 to see if you have any evidence in your medical file or personnel file that meets the requirementsd.
The C&P exam stating no disagnosis of PTSD is a major road block. However, the lack of a verifiable stressor is also a big problem.
The types of evidence in the personnel file would include low evaluations. Poor performance and many others are indicated in the M-21 . Check out the M-21. I will see what I can find on the BVA and post it.
Hoppy thanks for responding I will look up the M-21.
68mustang
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Hang in there Mustang, looks like good advice for you.
Thoughts regards word 'retired' are similar - can't work. Are you retired = 'disability retirement'? SSDI? or did you retire normally but on your resignation state health conditions ? or specific health conditions?
When you NOD consider targeting specific statements "quoted" from the decision page. In a NOD I quoted their statement, told them they were wrong, quoted part of the regulation on same, showed where the c&p examination they requested and other medical statements listed important information they missed. Facts, dates, conditions by medical name.
Best to ya,
Cg
Cowgirl thank you for going back and reading my post.
68mustang
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The exam doctor says you don't meet the criteria for a PTSD DX. You need to get an IMO to defeat this denial. You don't want to appeal this thing without getting more evidence. What are you basing the PTSD claim on? You know you need a verifiable stressor unless you have combat awards. You need a DX of PTSD and you need to verify the stressor.
Thank you for the reply. There were some incidents that happened while in the Navy and I have buddy letters verifying that they took place. My private doctor did a diagnosis of PTSD and I am presently being seen at a VA clinic. I am checking on Mental doctors that my insurance covers who I can a diagnosis from.
68mustang
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I think that you were shafted. The only answer I can think of for a bad C&P is an outside medical opinion. That means you have to find a Doc to review your medical records, see you and write an opinion that you have PTSD and include a verifiable stressor.
Good Luck but I think that it will be a miracle if VA gives you anything off that.
A tip on communicating with VA Types never use the word retired use can't work
Thanks for the reply.
68mustang
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Get a copy that is complete of your C&P and you can also go to your Mental Clinic and request that they release copies so that you can use them in your claim.
You might consider asking a Patient Rep to help you get the records that you need. Right now all you have is a denial and nothing to dispute cause you don't know.
Knowledge is Power
I finally got copies of the C&P exams for PTSD, ED, and Depression due to hearing loss and tinnitus. The first mental health exam I had I found some omissions on the PTSD exam. Some questions that the examiner asked and I answered yes in detail were listed as answering no. The GAF was listed as 60 in the C&P exam and in the denial it was listed as 65. Don't know if it makes a lot of difference, but it was a mistake on the rater's part. Plus some questions that asked if my condition affected my work were listed as having answered no. I don't work due to my being retired and I told the examiner that my conditions affected my everyday life, but there are no notes about that. The examiner wrote in the report that I did not meet the criteria for a diagnosis for PTSD.
The second exam I had was for ED and a different examiner wrote that the medical opinion was that my Ed " Is as least as likely as not (50/50 Probability) caused by or a result of PTSD". The examiner also wrote " Rationale for opinion given: PTSD is known to cause erectile dysfunction; therefore, it is at least likely as not that erectile dysfunction is caused by PTSD". The Ed claim was deferred and the VA is waiting for additional information from the VA examination. I think the rater noticed the contradiction and is trying to find a way out of it.The second exam for ED contradicts what the first mental health examiner wrote that I did not meet the criteria for PTSD. Plus no mention was made of the diagnosis my private doctor made for PTSD.
The third exam was for depression caused by hearing loss and tinnitus and that was approved at 10%.
Does anyone have any advice on what to do on my next step? Sorry for the long post.
68mustang
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Pay attention - if your evidence was not listed on SOC or SSOC, they did not use it...and you were denied because of this omission.
If your ailment was not addressed in the SOC or SSOC, they are ignoring it.
Get it all together again, with your NOD and send it in again with proper return receipt or date stamped copies as proof of receipt. I also sent mine in on a CD in pdf format..if they have one page they have it all because I put all the evidence with the NOD into one PDF file. If you don't know how to do a PDF, find out and do it for you! I will gladly give instructions if you have no closer source for information than me.
Never give up!
AkWidow
Thanks for the response and for the hint. My son should be able to help me with PDF format.
68mustang
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Did they mention the PTSD claim at all in this decision?
Yes they did. The denial states " The examiner states you do not meet the criteria for a diagnosis of PTSD as stated in the the Diagnostic and Statistical Manual of Mental Disorders published by the American
Psychiatric Association. I was assigned a GAF of 65, however the C&P exam states a GAF of 60. There is not much difference, but it is still a mistake along with the omission of some other details that I told the examiner. Like I stated before I was rated for 10% for depression due to hearing loss tinnitus. I think I was rated for that hoping to keep me from going any further on the claim. Thanks.
68mustang
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The PTSD claim will need proof of a nexus-if that is why they denied it-
did they mention if JSRRC attempted to validate your stressor?
Thanks to all of you who responded. There was no mention if JSRRC attempted to validate my stressors. Nor did they mention buddy letters that I sent in as evidence. The VA did award 10% for depression due to hearing loss and tinnitus. I really believe the VA took the easy way out by awarding the 10% hoping that I drop the PTSD claim. Thanks.
68mustang
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Please need your advice on this. I received the dreaded envelope a couple of weeks. I was denied the claims for PTSD and for pulmonary fibrosis. I noticed that in the evidence used to deny both claims several pieces of evidence are not listed. Such as some copies of reports from my pulmonary specialist and a CT-scan performed by an imaging clinic, which I faxed to the VA and have confirmation they were received. Both pulmonary reports note that I have mild asbestosis. The PTSD denial has information missing that I discussed with the mental health examiner. I have requested a copy of the mental health exam to look over what the examiner wrote or excluded. I did not have a pulmonary exam because the VA never sent me for one even after I requested one.
I am in the process of obtaining letters from my primary doctor and pulmonary specialist attributing my mild asbestosis to asbestos exposure in my military jobs.
Since the Houston office has not provided copies of the mental health exam, can I file a NOD or what do you all advise I do? Thanks.
68mustang
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The VA is supposed to give you travel pay for C&P no matter where you live. All of them have different rules
Pete53
Thanks for the response.
68mustang
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Wait till you have to wait in line for it :D
Pete53
When does a vet get travel Pay? Reason I am asking is that previously I have been to QTC C&P exams here in town and have received travel pay checks. When I have been to C&P exams at VA clinic I have been told that travel pay is not allowed since I live within the city. Does not make sense that QTC gives me travel pay and may have been a mistake on their. So can you please tell me when travel pay is actually allowed?
Thanks.
68mustang
:)
Ebenefits Site Now Shows Appeals Status
in VA Disability Claims Research
Posted
I just got back from going to Audie Murphy VA Hospital and getting In Person Authentication. I went to the Myhealthevet coordinator and he did the authentication while I waited. I won't know until tomorrow whether I will be able to get into Ebenefits through the Myhealthevet website.
68mustang