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Cheri0310
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Posts posted by Cheri0310
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I just got an email response from Reporter Paul Egan of the Detroit news. This is what he said. What do you guys think?
Dear Cheri:
Thanks for writing about your experience with the Department of Veterans Affairs. I have received a large volume of calls and e-mails since my article appeared in Thursday's paper and I am trying to organize a plan for a follow-up article exploring problems at the VA office in Detroit.
There is a good chance I will want to contact you in the near future.
Thanks again for writing.
Paul Egan
The Detroit News
313-222-2069
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I sent him an email this morning...I'll let you all know if he replys.
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If hadit members want to be proactive on this, we need to find veterans who have claims in process with the Detroit VARO. Any one of these veterans could, and should, call the FBI and the US Attorney's office and make a formal complaint. Having a claim in process would give them standing. The same can be said of veterans with claims in process at any other VARO, but with the scandal brewing in Detroit, a Michigan veteran would have a much better chance of getting action.
These are criminal acts. When the various VARO directors and other supervisors gave employees the "nod and a wink" they were engaging a criminal conspiracy. The directors, supervisors, and all the other employees need to be questioned under oath! I doubt very seriously that some low level employee would be willing to go to jail to protect his supervisor. I still wonder why some of those employees didn't blow the whistle. Someone should have felt badly enough about what was happening to drop a dime.
Folks, take a look at Jim Strickland's explanations of the VA claim process. He says, accurately, that the VA has all the cards in the deck. They are the judge, jury, and unfortunately sometimes, the executioner. The VA controls the entire process. The COVA is a legal joke. The Congressional veterans committees are hardly much better, i.e. "Thank you for contacting the committee. We appreciate your interest in veteran's affairs. yada yada yada yada." My point is that every time we get a chance to expose VA incompetence and lawlessness to a disinterested third party, we put another little crack in the wall they have built to avoid responsibility and accountability.
Each time the true situation becomes a wee bit clearer to the general public, the closer we are to real reform. Maybe, just maybe, one of these cracks will bring the whole wall tumbling down. Maybe it will be this one. We can only hope.
Berta, (not wishing you any further BS with the VA) I see that the NY VARO is suspect also. I would love to see someone with your drive and knowledge catch that VARO destroying claims/documents. I believe I read somewhere that you submitted your husband's autopsy report 12+ times, yet it was never acknowledged. Where are those 12 copies? We read everyday here on hadit about claims being decided and/or denied without documents that were submitted and resubmitted. Now granted not every story we hear is true, but are all these veterans liars? I don't think so!
Correct me if I am wrong, but I believe the VA gets original documents in most cases. If that is correct, and the VA is shredding the documents, they cease to exist. The entire concept makes me sick to my stomach!
My husband is a Michigan veteran with a claim that is currently being processed through the Detroit VAMC. They have already "lost" my H's in service medical records. I would love to be able to take some action for the benefit of all vets but we are so 'new' to this process that I would have no idea where to start......
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Here is a case that is cited often as a reference when fighting for gulf war presumptive service connection without a nexus.
http://www.warms.vba.va.gov/admin21/precop...rez_01_2105.doc
I have many more links to succesful gulf war cases if you're interested in them....
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Tom, you are absolutely correct. For gulf war vets, anxiety is a symptom of an undiagnosed illness and is presumptive service connection with no need of a nexus. This is one claim that my husband has right now. They may say that your anxiety is a symptom of your bipolar since you have been diagnosed with that disease. This would be your hurdle in getting your anxiety service connected.
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Finally after waiting nearly 2 years we got a letter from the VA saying that they called for C&P exams to be scheduled.
My question is...My husband being a gulf war vet (91), would they actually schedule C&P exams if they were questioning service connection? All his claims will have to be connected through the gulf war presumptive connection since all his medical ailments started much after his service.
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Today i received my third letter that VA is still processing my claim for compensation. Has anyone had this amount of letters sent regarding the processing of a service connected issue that was reopened with new and material evidence? If so, what was the final outcome.
We too received these computer generated letters. We received them for 6 months at least. When the letters stopped coming then shortly after, they actually did start processing our claim. It has been 18 months and we still have no initial decision from VA. Sorry I don't have better news.
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Thank you.
You're welcome. I would be able to help you more if you were claiming undiagnosed illness instead of als, since that is the fight that my husband and I are preparing for. Best of luck to you and I really would continue your fight. ALS is definitely linked to gulf service.
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I am a Gulf War vet '92 - '00 with service in the Gulf for the Operation Southern Watch, Deliberate Force, Allied Force and Noble Anvil. I was diagnosed with ALS '07 at the ripe old age of 38. I do not have documented symptoms in my medical records but have supplied personal testimony, a corroborating buddy letter, letter from my wife and sister in law stating that I had cramping, twitching and fasciculations during the last two years of active duty service. I also provided a letter from the Director of Neurology and head of the ALS clinic in Hershey stating that the symptoms "most likely represent the initial stage of the illness."
I have also included multiple studies and exposures showing increased risk of developing ALS and studies showing that the time from disease onset to diagnosis can exceed 10 years. I then provided appeals cases showing connection with contradictory symptoms, no symptoms, exposure to unknown substance and diagnosis after 35 years.
I received my denail which states, "In the absence of evidence to show that this condition was incurred in service or aggravated by service or manifest to a degree of 10 percent or more within one year of discharge from service, service connection is not established." The did not address I am working with the PVA but in all honesty they have done little more than act as a mail courier to date. I have open files with both my congressman and senator as well as letters of inquiry from the White House.
I have contacted Dr. Barson concerning an IMO but have not heard back yet. I would appreciate any suggestions. I would also like to know does the one year to submit additional evidence before the claim is closed change following another denial? What I mean by that is my initial claim was place in May 2007 and denied in June 2007 so I had until June 2008 to submit additional evidence. I did so and was the awarded for tinnitus and a thumb fracture but again denied ALS this May 2008. Does that mean that I have until May 2009 now to submit new evidence for ALS and the claim remain open?
GULF WAR COMPENSATION UPDATE
January 4, 2002
The method created by Congress in 1994 to compensate Gulf War illnesses has, in practice, resulted in several problems. Congress and the VA recently provided some solutions.
Amyotrophic Lateral Sclerosis (ALS)
The VA has found preliminary evidence that veterans who served in the Gulf are nearly twice as likely as their non-deployed counterparts to develop ALS. Because of this finding, the VA will now automatically grant claims from veterans who served in the Gulf August 1, 1990, to July 31, 1991, and have subsequently developed ALS. This rule affects eligible veterans, or their survivors, immediately, even though the study is just preliminary. The ratings will be permanent even if the studies’ results later change.
If a Gulf War veteran ever filed a VA claim for ALS and or an undiagnosed neurological condition, he or she or their survivor should refile their claim.
Participation in Disease Specific Studies
The Department of Veterans Affairs (VA) is currently conducting medical research concerning the association, if any, between veterans who served in the Gulf and certain diseases. It is important that all veterans who may be affected participate in these studies. However, some veterans who are currently being compensated on the basis of an "undiagnosed illness" have declined to participate in the studies due to the fear of losing service-connected compensation and health benefits if they are "diagnosed" with a specific disease.
Public Law 107-103 gives the VA the authority to protect compensation for undiagnosed illnesses when VA determines that such protection is necessary to ensure adequate participation by veterans in VA-sponsored medical research. This is particularly important for research that requires a high level of participation to achieve its objective. The new law gives the VA authority to provide such protection whether the research was conducted before, or after the date of enactment of the new law and requires the VA to list the applicable research projects in the Federal Register.
Clearer Definition of Undiagnosed Diseases
The 1994 statutory scheme was intended to provide compensation to deployed Gulf War veterans who suffer from disabilities that cannot now be diagnosed or defined, and for which other causes cannot be identified. In interpreting this legislation, VA issued a General Counsel Opinion holding that only disabilities which cannot be attributed to "any known clinical diagnosis" could be compensated.
Many Gulf War veterans reported disabilities related to poorly understood multi-symptom disabilities which may be classified as "undiagnosed" by one physician or referred to as "chronic fatigue syndrome" or "chronic multi-symptom" illnesses by another physician. This resulted in disparate treatment of veterans with similar signs and symptoms. In order to address this problem and to insure that the law is interpreted to provide benefits for similarly disabled veterans, Public Law 107-103 expands the definition of undiagnosed illnesses to include, “medically unexplained chronic multisymptom illnesses,” such as, fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome. Any other chronic multi-symptom illness or any other ill-defined illness or combinations of illnesses may be added if the VA deems it appropriate. The law lists 13 specific signs and symptoms of undiagnosed illness the VA is to consider in deciding whether to add other diseases.
The VA will issue a directive shortly directing payment to veterans with the three specific diseases listed above.
Expansion of Period of Time Symptoms to Manifest
The January 1, 2002 date regarding initial onset of undiagnosed illnesses was extended to December 31, 2006 by VA regulation and Public Law 107-103 gives the VA the authority to extend this “delimiting” date for another five years.
National Academy of Sciences (NAS) Reports
The NAS now has until September 30, 2011 to report on underdiagnosed illnesses.
Problem with Definition of Deployment to a War Zone
The compensation scheme still does not include veterans stationed in Turkey, Israel and the surrounding areas. These veterans took similar medications and were exposed to depleted uranium as were those veterans covered by the 1994 law.
*****This may not apply to you because of the date you began serving in the gulf
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Hi, I'm sorry I never got this, I'm still learning how to do all this stuff! You are earlier in the program than we are. We got those generic letters for about 6 months before they decided he was sc at 60%. My husband had to do the C&P Exam and I think you have to do that no matter what. I think that was one of the first things that happened once we applied for compensation, they scheduled a C&P exam. You may already have had one by now. Our efforts have certainly paid off. He was originally discharged with 10% SC. Then it was increased twice, now he is at 60%. Which is fine, but we just don't understand why they won't SC his fibromyalgia since he was a GW Vet with Southwest Asia Theater Operations AND it was diagnosed during the presumptive period. It is a chronic disability, and the legislation specifically spells out fibromyalgia as an undiagnosed illness. It is definately compensable at 10% or more, so I'm not quite sure what the problem is. They didn't even mention his GWVet status in the SOC that we recently received from the DRO.
Thank you for the response. We are over 7 months into this claim and still no C&P exam. Was starting to wonder if they were going to order one at all. I certainly do not understand how they will not approve his fibromyalgia for compensation. You really need to fight that one. I'm starting to believe that we have a denial in our future since we have no c & p scheduled and no resonses except then initial letters and then the generic ones. I guess time will tell
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Here is some more information I've dug up.
<H5 style="MARGIN: 0in 0in 0pt">b. Information Required to Decide the Issue of Service Connection for an Undiagnosed Illness</H5>The following information is required in order to determine whether service connection for an undiagnosed illness is in order:
· when the illness arose
· whether the illness was severe enough to warrant the assignment of a compensable evaluation at any time during the presumptive period, unless manifested while in the Southwest Asia theater, and
· whether the illness chronically persisted for at least six months.
<H5 style="MARGIN: 0in 0in 0pt">c. Relevancy of Medical Evidence</H5>When the object of service connection is identification of a diagnosed illness, medical evidence is of paramount importance because a physician specializes in identifying disabilities through diagnoses.
The concept of “objective indications” expressed in 38 CFR 3.317 makes clear that the evidence required for undiagnosed illnesses, or illnesses which are outside the scope of medical understanding, is not so dependent on formal medical evidence.
Check out this link....
http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secd.doc
My husband received a denial for service connection of his fibromyalgia on Friday. It states that even though his doctor stated that the fibromyalgia is service connected, he didn't base his opinion on a review of his medical records. Also, he got out of the service in 98 and the fibro wasn't diagnosed until 2005. He is a gulf war veteran and served during the Southwest Asia Theatre. Wouldn't the service connection be granted under the presumptive period?Where do we go from here? I really don't want him to have to wait years for the BVA. The RO said that we could request a hearing. Should he do that? Will they issue a SSOC after that? Also, his gulf war registry exam is in a week. VA cancelled the first one. Could this be why they didn't service connect it? Because they don't show it in the records yet? Everything they send us has on it that he is a gulf war vet but we just found out about the registry in July and he has been to va to determine that he is eligible and they scheduled his exam.
Should we close this claim and re-open another? We also want to include two other conditions but were trying to wait this out first.
Any help is appreciated.
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I'm sorry, I'm not so sure how much help I can be since my husband is in the same boat as yours and we are currently waiting on a decision. This is what I've read about presumed disability's relating to the Gulf war.
Served in the Southwest Asia Theater of Operations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as:
· chronic fatigue syndrome
· fibromyalgia
· irritable bowel syndrome
· any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection
Signs or symptoms of an undiagnosed illness include: fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, GI symptoms, cardiovascular symptoms, weight loss, menstrual disorders
When did you file? How long did it take for a denial? Did he have a C&P exam?
My husband received a denial for service connection of his fibromyalgia on Friday. It states that even though his doctor stated that the fibromyalgia is service connected, he didn't base his opinion on a review of his medical records. Also, he got out of the service in 98 and the fibro wasn't diagnosed until 2005. He is a gulf war veteran and served during the Southwest Asia Theatre. Wouldn't the service connection be granted under the presumptive period?Where do we go from here? I really don't want him to have to wait years for the BVA. The RO said that we could request a hearing. Should he do that? Will they issue a SSOC after that? Also, his gulf war registry exam is in a week. VA cancelled the first one. Could this be why they didn't service connect it? Because they don't show it in the records yet? Everything they send us has on it that he is a gulf war vet but we just found out about the registry in July and he has been to va to determine that he is eligible and they scheduled his exam.
Should we close this claim and re-open another? We also want to include two other conditions but were trying to wait this out first.
Any help is appreciated.
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John,
We are doing what you suggested with going on with the most normal life that we know how. I know in my heart that my husband is having all of these problems because of his service in Iraq/Saudi/Kuwait. He was one of the troops that was exposed to the chemical weapon demolition in Khamisiyah and his health has been deteriorating slowly for 15 years. I have to be honest though and tell you that I'm not so sure how strong his fight will be. If he is denied on lack of service connection or lack of medical evidence I feel that he may just roll over. I hope that he will fight because although he may not be 100% disabled, his life is forever being altered by his service for his country. I feel so bad for him and everything he is going through. Anyway, thank you so much for your advice and hopefully we get some kind of positive answer back from VA since I'm not so sure that my husband will continue to fight if we get the worst news.
Cheri
<br /><br /><br /><br />Cherie0310,<br /><br />Most of us, when we entered the VA Disability Claims process, were not aware of how LONG the claims process can be...it seems you also may think that things will be done sooner than later and I need to tell you now that re: the VA, LATER is the rule and SOONER is the exception.<br /><br />As I have stated here before, when I began my own claim I was told to expect a 3-5 year process and be prepared mentally/emotionally to stick it out for this lengthy period of mostly WAITING (and not give up)...that was excellent advice. My case, taken to a successful conclusion, took exactly 4 years.<br /><br />I'm not talking about winning your claim right up front, first decision rendered (to your satisfaction, being happy with the decision whatever it is and whatever % rating you get)...that doesn't take too long at all -- maybe a year at most and 4 months at best from what I've read other vets saying -- but if you have a complicated case, a borderline case (evidence is pretty much in "relative equipoise" and such cases usually get denied) or you get denied even if you have a GOOD case, that's where the "marathon" comes in and you MUST be prepared to run it.<br /><br />I'm talking about (not necessarily in order) your first claim going in and waiting for a decision on it, waiting for a C&P appointment (if that happens), getting a denial (if that happens, which often it does), then filing a NOD and waiting for that to process, getting another denial (if that happens) and then asking for a DRO De Novo Reconsideration (if you choose this option), getting denied, another NOD and then maybe another C&P, then going for an Appeal at the BVA, and if that doesn't go your way then going to the CVA (if you go this far, you are definitely looking at closer to a 5 year process (or more) until it's all over). And also during this process, paying out of your own pocket and taking the time/effort to find and schedule a visit to a civilian (outside) doctor for an IMO (which can be expensive) if you think it is needed to counter a VA doctor's opinion that hurts your case. <br /><br />All this does not happen quickly.<br /><br />So if the WHOLE process is considered, it can take YEARS...that's just how it is and you have to be prepared for this possibly LONG wait. IMO, it's better to be prepared for a long-haul and it actually takes LESS time than be frustrated/angry when you look for quick results and they don't happen as the months and even years go by.<br /><br />In the meantime, do not count on anything positive happening from the VA at all (be on the safe side)...live your lives (you and your husband) however you need to right now to keep the bills paid, keep your relationship healthy, look for better jobs if you need the $$, and so on...just wait it out with the VA. You've done the right thing NOW by starting (maybe you could have started earlier but that's water under the bridge presently) but you don't have any control on how long the VA will take and will just have to become an expert at WAITING.<br /><br />Remember though -- and this was great consolation to me all those years *I* waited -- that if you WIN at the end, no mater HOW LONG it takes, any compensation award is like money in the bank for you because each month you are waiting for a decision, and you eventually win your case, the money (whatever rating % they eventually assign) is building up in your "virtual bank account" each month, so you're not losing any money as the months go by...it's just that you don't get to have it NOW. But your retro check later could be substantial. Mine was after 4 years.<br /><br />That is the safer way to do it...expect nothing from the VA (i.e., a win and subsequent compensation checks each month) and just go on with your life putting nothing on hold, but DO persevere with your claim(s) and let them sit on the stove as if it/they were just simmering away. The VA moves slowly, partly due to a HUGE backload of claims especially now with all the Iraq vets if for no other reason, so it definitely IS a waiting game. It's as though the VA is a huge (and constipated) alien organism of some kind and our claims are moving through it's also huge digestive system VERY SLOWLY. There is no known laxative for this beast.<br /><br />So be sure to fill out appropriate forms, submit them promptly, send in any additional evidence, and all along the process, have a Plan B and Plan C (etc.) re: what you will do NEXT with the VA if they do this or that at any given step of the process...it is always good to have options planned out ahead of time because it not only makes you feel like you're on top of the process but also when the VA throws you a curve ball, you are not saying something like, "Wow. What do I do next? I'm stunned and lost right now" but rather something like, "Okay, I thought that MIGHT happen, now I go to Plan B on this" and you don't miss a beat continuing with the process or get psychologically down too much.<br /><br />So the bottom line is if you have a good case, plan to stick it out no matter how long it takes.<br /><br />Good luck,<br /><br />-- John D.<br /> -
Thank you for being so kind. I guess it's a waiting game right now and I'll see what response we get. At least I feel like I have some support here
. Thank you again!Cheri:It makes perfect sense and he can collect VA Comp and still work it will take into consideration that he is employed and you are wise to do this as insurance that if it gets worse he will have more benefits to fall back on.
I am not sure what Vertigo and his other problems would be compensated but we can hang in together and learn.
Good Luck
PS Thanks for sticking with your Veteran
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He is a builder and had to stop in January because his vertigo was so bad that he could not risk the chance of falling off a ladder etc. He is working now at a new job and we haven't even attempted Social security because he is not fully disabled unless he has a vertigo episode. Those last months sometimes though. Most of his symptoms are just problematic at living a normal life but not restricting enough to keep him home bound...does that make sense?
Cheri:It makes no difference and I doubt at this stage that anyone handling the claim has made up thier mind. That will come later. From what you have said I suspect that your husband has a good claim.
Is he able to work and is he drawing Social Security? This would make a big difference.
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OK it seems as though everyone feels like they will be scheduling a C&P exam. That's good to know and now I'll research how to brush up for that.
Does everyone feel like if he was going to be denied that they would have done that right away?
Once he has the C&P things should move faster. If you have not seen his "C" File you probably should go to the VA regional office and look through it. They can make copies of anything that you need on the spot. Call 800 827 1000 to make an appointment. Sometimes you can drop in but unless its near you you should have an appointment.My advice is to do whatever they ask you as quickly as you can and you can also call the same number and ask for the status of your claim.
Good Luck. Even though it looks like it will take a long time it is actually moving and soon you will get a decision.
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Berta,
Let's see if I can answer your questions.
We did receive a packet from VA includint a letter and paperwork needed yet. We completed all that stuff and sent it back probably in March. Since then is when we have been receiving the 'generic' letters of processing your claim. I don't know if my husbands illnesses fall into one of those 3 categories that your expressed below. Alot of them seem to be symptoms of undiagnosed illnesses right? I'm so confused I just don't know where we stand right now.
Did he receive a letter with IMPORTANT REPLY REQUESTED at the top that contained specific underlined or highlighted statements as to what evidence he still needs to send to the RO?Did he also receive with this letter an election notice-to check box one or two ,sign, copy, and send back to the VARO ASAP?
The regs for " qualifying chronic disabilities" in Persian or Gulf War veterans are found in 38 USC 1117.
1. undiagnosed illness
2.medically unexplained chronic multisymptom illness (fibromygalia, IBS,CFS)
3. a "diagnosed illness' that VA considers as presumptive.
This 2007 claim is a grant to Persian Gulf War vet as SC for chronic fatique:
http://www.va.gov/vetapp07/files1/0701810.txt
It also shows the way these claims are rated as to the medical evidence.
"The term "medically unexplained chronic multisymptom illness"
means a diagnosed illness without conclusive pathophysiology
or etiology, that is characterized by overlapping symptoms
and signs and has features such as fatigue, pain, disability
out of proportion to physical findings, and inconsistent
demonstration of laboratory abnormalities. Chronic
multisymptom illnesses of partially understood etiology and
pathophysiology will not be considered medically unexplained.
"Objective indications of chronic disability" include both
"signs," in the medical sense of objective evidence
perceptible to an examining physician, and other, non-medical
indicators that are capable of independent verification.
Disabilities that have existed for 6 months or more and
disabilities that exhibit intermittent episodes of
improvement and worsening over a 6-month period will be
considered chronic. The 6-month period of chronicity will be
measured from the earliest date on which the pertinent
evidence establishes that the signs or symptoms of the
disability first became manifest."
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Thank you for the welcome and for the important information! This is all so much to digest, I'm going to print this off and read it until it all sinks in. He is not having any chronic 'pain' but he has multiple chronic 'illnesses'. Vertigo, tunnel vision, ringing in ears, skin problems, anxiety. All of these are documented by several physicians and specialists throught about 15 years. They have in the recent years become worse and worse which is what caused him to file this claim.
Greetings,Welcome aboard to hadit. It a blessing to have you hear. I too am from the Gulf War. I have been dealing with the VA since I got out in 1994. In regards to your question concerning the VA requiring a C&P exam. From my expirence dealing with the VA they will indeed send your husband in for a C&P exam for the issues involved in his claim.
However when the VA does set up the appointement for the C&P exam or exams DO NOT MISS THEM!!!!!! I cannot stress this point enought. The VA will deny your claims regardless of edivence you may have submitted to the Regional Office in his behalf. Their is a link at www.hadit.com which will help your husband prepare for the C&P exam or exams. Make sure that you go with him as another witeness just in case there is issues with the C&P final report. I will list some things I hope they will help you.
1) Give the C&P examiner copies of all medical edivence you may have (Even if you have already sent it to the Regional Office on his behalf). This will also help the examinier realize what he or she is dealing with. Sometimes the examiner at these exams do not read the medical file of the vet.
2) Ask the examiner if he or she is a doctor, RN, PA this is an essential. If you get a PA (physicians assisstant) at your exam and the final exam report is missing information or there is information written down by the examiner that either is false or did not happen you can ask the RO (Regional Office) for a new exam based on that the examiner in question is not a doctor and does not have the medical expirence or education to give an exam. The VAMC C&P clinic's(Vet hospitals) accross the nation use RN, and PA quite frequenty.
If your husband is in chronic pain make sure you start a pain log asap and give this also to the examiner.
In this log you might want to say how many hours he is in pain and the duration and length of the pain. Does it interrupt his sleep ect.
3) When at the exam be direct. If it hurts at a point bending over say it hurts. Tell you husband don't be a superman here. Be truthful.
4) When the exam is over wait about 10 days and go to the medical records release dept at the place where the C&P exam was held at, and get copies of that exam. You will have to sign a FOIA (freedom of information act form) no big deal well have to. Go over this report in fine detail and highlight any information that is wrong or something you said was written down out of context, or if the examiner claims something that your husband said or did that did not happen. If this is the case (I have had over 15 C&P exams and I have had to write the VAMC & RO 10 of those times due to errors on this exam)
Send a copy of the highlighted C&P exams with a letter why this or this did not happen, or that is not what you said and demand another exam "because This exam it is not proficiant for ratings purposes". Send this information to the Regional Offfice and file a complaint with the patient's advocate at the hospital. Don't allow the VAMC, VARO to bully you. Stand your ground!
You must understand the C&P examiners work for the VA. Do not ever make the mistake of feeling comfortable when talking with the examiner he will use anything you say against you.
I am not saying this will hapen every time, but I have been at many of them and it does happen.
Last word of advice. Don't give up!!!!!!!!!!!!!!!!!!.
There are many here at hadit who have a great deal more of expirence then I do. If it wasn't for these members here at hadit I would not have the rating I have today. I hope this has helped you and don't be afraid to post your questions. God bless you.
Bound4Heaven
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I thought that Gulf war veterans 'cluster of symptoms/undiagnosed illness' was now considered a presumptive service connection?
He does noto have any sick call records or anything from the military...his symptoms didn't start until after he left the military. Does this mean trouble for us? Why wouldn't they just deny his claim from the beginning then? It's already been 7 months.
What can you expect. Well it will take time. Hopefully his Service Medical Records are available. It has to be service connected. Ie. He went to Sick Call or Military Dr.It helps to include copies from your files (U have to ask for them when you get out, they will make you a copy). U can request them now also.
U can expect lots of letters saying they are working on the claim.
Mine took 10 months (1996).
In a couple of months I expect them to give some appts out (C&P). Make sure the appts are kept. Ask for copies.
Hang on for the Slow Ride from the VA.
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Part of my husbands claim is vertigo so I thank you for this information.
I dont remember who or when- I found this BVA case recently on vertigo and it might help someone here:http://www.va.gov/vetapp06/files3/0615281.txt
" The medical evidence, in conjunction with the veteran's
testimony regarding the occasional staggering he suffers in
addition to dizziness, more nearly approximates the criteria
for a 30 percent rating under Diagnostic Code 6204. See
38 C.F.R. § 4.7. Exercising reasonable doubt in favor of the
veteran, entitlement to an rating of 30 percent for service-
connected benign positional vertigo is warranted. See
38 C.F.R. § 3.102 (2005).
ORDER
A 30 percent rating for benign positional vertigo is granted,
subject to controlling regulations governing the payment of
monetary benefits. "
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My husband, a 1991 gulf war veteran filed a compensation claim in January of this year. Bi monthly we receive 'generic' letters stating that his claim is being processed. Along with the application we included all the physician reports that we had from his personal doctor. My question is, will they have him go in for a C&P exam or will his private doctors reports be sufficient to rate from? Do they usually schedule a C&P exam in the beginning of the claims process or near the end? We just have no clue what to expect from this whole process. Thanks in advance for any responses!
. Thank you again!
Update-varos In Turmoil
in VA Disability Claims Research
Posted
I don't mean to sound like an idiot but what do they mean by "expect the other shoe to drop" and "veterans are not going to like the results"????