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pacmanx1

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Everything posted by pacmanx1

  1. What was your SSDI awarded for? (what condition or conditions) If the SSDI award list your back condition, VA may jump on this. Were you working prior to the accident? When claim TDIU, Yes; VA is only interested in conditions that are service connected. If you have service connected and non service connected disabilities this may/will complicated your TDIU claim. If your service connected disabilities are so severe and you have a doctor statement, saying that you are unemployable due to service connected disabilities then you may not have a problem.
  2. http://www.publicbro...atigue.syndrome Just hit play and listen to a show about CFS. Hope this can help a veteran.
  3. Credible evidence, we can always use VA regulations against VA rating decisions to help our claims. In most cases, C & P exams are not done by specialist, they are completed by Pas and NPs. If a veteran is treated by a specialist (VA or Non-VA) and have the evidence in his or her file prior to his or her C & P exam, the C & P examiner will most likely follow the opinion of the specialist. Even if the C & P examiner disagrees with the specialist, the C & P examiner must give a rationale that would be more plausible than the specialist and I do not think that is possible. The key here is the veteran would have been or is being treated by a specialist working in his or her field to give a diagnosis of the condition claimed as a disability. The condition could be for service connection or for an increase and VA "should" award the claim based on all the evidence. Hope this makes sense
  4. Santarsiero urges Senate passage of his bill to expedite tax relief to disabled vets Thursday, September 16, 2010 State Rep. Steven J. Santarsiero, D-31, on Thursday urged members of the state Senate to take up a vote on his disabled veterans' tax relief legislation when they return to session next week. Santarsiero held a news conference at the site of the future Lower Makefield Veterans Monument calling on the Senate to pass his bill (H.B. 1838), which would defer real estate tax payments for veterans and military personnel who have become 100 percent permanently disabled as a result of their service to the United States, and send it to the governor. The state House passed the legislation 201-0 in June. "So many of our brave veterans live on meager fixed incomes, and after the great sacrifice they have provided to our country, it makes sense that we allow them to receive this benefit immediately upon application, rather than waiting through a lengthy application process," Santarsiero said. "While a program already exists to exempt disabled veterans from paying property taxes, veterans often must wait as long as a year before learning whether they will be exempt," he added. "This bill would grant veterans the tax exemption immediately upon application, pending the outcome of the decision by the state Veterans Commission, and could mean the difference between veterans who live on limited means staying afloat or losing their homes." State Sen. Chuck McIlhinney, R-Bucks/Montgomery, said he also supports the legislation. "Our disabled veterans have made tremendous sacrifices in the name of freedom and democracy, and House Bill 1838 would remove some of the hurdles that disabled veterans face to receive property tax exemptions," McIlhinney said. "I applaud Rep. Santarsiero for taking the lead on this issue in the House, and I look forward to supporting this legislation in the Senate."
  5. They can always ask the C & P doctor giving the exam, what type of C & P exam it is. The can also call scheduling which they do not make the C & P exam appointments but they can look them up on the system and tell the veteran what type of C & P exam are scheduled, the time of the C & P exam and the doctors' name. For QTC C & P exam, I would think that the veteran should be able to call the doctors' office to find out this information.
  6. NEW VA RULE: PHYSICIANS NO LONGER NEED TO CO-SIGN C&P EXAMS NEW VA RULE: PHYSICIANS NO LONGER NEED TO CO-SIGN C&P EXAMS A physician's co-signature is no longer required for a C&P examination performed by a mid-level practitioner. This should expedite the claims process. by Larry Scott, VA Watchdog dot Org I am not sure if this is good or bad. It certainly could speed up the claims process. However, I already hear complaints from many veterans that they don't want mid-level practitioners, such as a NP or PA, doing their C&P exam ... they want a doctor. Now, in many cases, doctors are being taken completely out of the loop. VBA's Fast Letter 10-32 is posted below. ------------------------- DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 September 1, 2010 Director (00/21) All VA Regional Offices and Centers In Reply Refer to: 211 Fast Letter 10-32 SUBJ: Removal of Certain Co-Signature Requirements and Ordering Specialist Examinations Purpose A joint workgroup of the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA) identified several initiatives to expedite compensation and pension (C&P) examinations. This fast letter implements one of these initiatives by liberalizing signature requirements for VHA clinicians performing C&P examinations. Examination Report Signature Requirements Effective immediately, regional office and center staff may accept examination reports signed by a nurse practitioner or physician's assistant that are not co-signed by a physician. This change in signature requirements does not apply to examinations conducted by specialists, such as mental health, dental, audiology and optometry. The M21-1 Manual Rewrite (MR) requires that a physician signs all original examination reports (see M21-1MR Part III, Subpart iv, Chapter 3, Section D, Topic 18, Block a, or M21-1MR III.iv.3.D.18.a). Law does not mandate this policy, and it can unduly delay processing C&P examinations. In VHA, an individual physician accepts legal responsibility for the unsigned work of a mid-level practitioner, such as a nurse practitioner or physician's assistant. As a result, a physician's co-signature is no longer required for a C&P examination performed by a mid-level practitioner. We will update the MR to reflect this change. Specialist Versus Specialty Examinations Please note that a specialist is only required in limited situations such as dental, vision, hearing, and psychiatric examinations, as indicated by M21-1MR III.iv.3.A.8. For all other types of examinations, a generalist clinician may perform the examination. For example, an office may order a cardiac examination, but it should not generally request that a cardiologist (a specialist) conduct it. Questions E-mail questions concerning this letter to VAVBAWAS/CO/21Q&A. /S/ Thomas J. Murphy Director Compensation and Pension Service
  7. VA SAYS EXPOSURE TO CONTAMINATED CAMP LEJEUNE WATER NOT LINKED TO CANCERS "Establishing presumptive diseases at this point would be premature'" said Thomas J. Pamperin, the associate deputy undersecretary for policy and program management at the VA. NOTE from Larry Scott, VA Watchdog dot Org ... Use our search engine for more about the contaminated water at Camp Lejeune ... here ... http://www.yourvabenefits.org/sessear ch.php?q=lejeune&op=and ------------------------- VA slow to find link between Lejeune's toxic water, illnesses By Barbara Barrett | McClatchy Newspapers http://www.mcclatchydc.com/2010/09/16/100702/va-s ays-no-link-yet-between-water.html WASHINGTON — In the decades that poisonous chemicals tainted the drinking water at Camp Lejeune, N.C., hundreds of thousands of Marines filed through the base, but so far, only 200 veterans have asked the Department of Veterans Affairs to link their illnesses to the poisons. Of those, only 20 have been told "yes." A Veterans Affairs official told Congress on Thursday that despite the evidence of widespread contamination of drinking water at Camp Lejeune, the agency doesn't think that the science yet exists to link exposure to the toxic water to a host of cancers and other diseases suffered by former base residents. "Establishing presumptive diseases at this point would be premature," said Thomas J. Pamperin, the associate deputy undersecretary for policy and program management at Veterans Affairs. Instead, the VA has awarded benefits on a case-by-case — and isolated — basis. As the military, federal scientists, congressional officials and Veterans Affairs try to sort out how closely to link the toxins in the water with a variety of illnesses and cancers, Marines and their families continue to struggle for their health care. "I have no idea if I will see my daughter graduate high school, go to college or get married," Pete Devereaux of Massachusetts, a male breast cancer patient who was told two years ago that he had only two or three years left to live, told the House Science and Technology Committee's oversight panel Thursday. Devereaux, his voice breaking, said his daughter, who's 12, has been particularly affected by his illness. Last month, Devereaux was granted a disability decision from the VA after being repeatedly turned down in the past year. "The degree of contamination was extraordinary at Camp Lejeune," testified Richard Clapp, an epidemiologist and professor emeritus at Boston University. The amount of trichloroethylene (TCE) recorded in one sample in 1982, he noted, was 1,400 parts per billion — more than 280 times what would be allowed by today's standards. "This is the largest (TCE) exposure in our country's history," said Clapp, who also serves on an advisory panel for federal scientists studying the issue. "Congress needs to act." He said there's plenty of science — going back to the early 1980s — to show that TCE and other contaminants have impacts that can include a variety of cancers and, for newborns, birth defects. No presumption yet exists, however. Marines Corps Maj. Gen. Eugene G. Payne said the military relies on scientists to make a determination about whether the contamination can be connected to veterans' illnesses. "We would love for the scientific community to tell us that there is one, if there is one," Payne said in an interview. Meanwhile, federal scientists at the Agency for Toxic Substances and Disease Registry in Atlanta are continuing a water modeling study that aims to figure out how much of the contaminants residents might have been exposed to during their time at Camp Lejeune. That would be used to inform a handful of epidemiology studies at the agency to offer further detail on the potential health impacts, said Chris Poitier, who became last month became the director of the agency, which is part of the Department of Health and Human Services. He, like Clapp, however, said the science showing impacts of the poisons already exists. "It's not just these studies (at the agency) that should be used," Poitier said. "It's the broader scientific knowledge." Still, Poitier said the agency doesn't have the role to decide whether any links between the toxic water and the diseases would amount to the kind of presumption the Department of Veterans Affairs could use to award health benefits. "That's a societal question," Poitier said in an interview. In this case, he said, that means Congress. Rep. Brad Miller, D-N.C., the chairman of the oversight panel, has introduced legislation that would establish an assumption that if service members were at Camp Lejeune from the mid-1950s through the mid-1980s, they will be presumed to have been exposed to the toxic water. The legislation also provides health care for veterans and family members with diseases that could be associated with the exposure. About a million people are estimated to have been exposed to TCE, tetrachloroethylene (PCE), benzene and other chemicals until the wells were shut down in 1984 and 1985. It's unknown how many could be ill, but 163,000 people have registered with the Marine Corps for more information. If Congress passes Miller's legislation, thousands of people could be eligible to get their health care through the VA — at a potential cost of millions of taxpayer dollars. "It's clear you're pretty lawyered up," Miller told the government officials, pointing out that their testimony had been cleared by the Justice Department — and that there also is pending litigation regarding Camp Lejeune. "There is a great deal of concern at (the Office of Management and Budget) and the Pentagon about the expense (of compensation)," Miller said. ON THE WEB Department of Veterans Affairs fact sheet on Camp Lejeune water contamination Department of Veterans Affairs benefits website The Few, The Proud, The Forgotten: Camp Lejeune Toxic Water Camp Lejeune Historic Drinking Water About Camp Lejeune MORE FROM MCCLATCHY Documents: Tanks leaked fuel near Camp Lejeune well VA quietly giving benefits to Marines exposed to toxic water Congress pushes military to release data on Camp Lejeune water Warnings about Lejeune's tainted water unheeded for years Lejeune water probe: Did Marine Corps hide benzene data? Judge: Lejeune ex-resident can move ahead with injury claim Marine base's residents, many ill, only now learning of toxic water Toxins in Camp Lejeune water 30 years ago still a problem
  8. Cue claims are very unique, It depends on all the evidence in your file and the decision made at that time. It also depends on if you had met a certain rating at the time of the decision. Can you post the reason for VA decision. I suggested to one member on hadit that he may have a Cue claim because it appeared that he had evidence that VA was aware of but for some reason did not give it any credit. The veteran also had doctor statements and claimed symptoms that met the regulation but VA only gave him a low rating in my opinion. I may be totally wrong but, I think he should look in to it. We would need more information from you.
  9. Congress to Hold Hearings on Nation Investigation into Discharges of Veterans Nation in the News September 13, 2010 The House Veterans Affairs Committee will hold hearings Wednesday morning into the impact of "personality disorder discharges," and allegations raised in The Nation in April that the Department of Defense is cheating veterans of health benefits through faulty "personality disorder" diagnoses. The Committee, chaired by Rep. Bob Filner (D-CA) will call both reporter Joshua Kors and the subject of his investigation, former Army Sgt. Chuck Luther, as witnesses. Information about the hearing is here. You can read Joshua Kors's "Disposable Soldiers" here. For media inquiries, contact ben [at] thenation [dot] com. In "Disposable Soldiers," Kors provides an overview of the investigation and the issue at stake: For three years The Nation has been reporting on military doctors' fraudulent use of personality disorder to discharge wounded soldiers [see Kors, "How Specialist Town Lost His Benefits," April 9, 2007]. PD is a severe mental illness that emerges during childhood and is listed in military regulations as a pre-existing condition, not a result of combat. Thus those who are discharged with PD are denied a lifetime of disability benefits, which the military is required to provide to soldiers wounded during service. Soldiers discharged with PD are also denied long-term medical care. And they have to give back a slice of their re-enlistment bonus. That amount is often larger than the soldier's final paycheck. As a result, on the day of their discharge, many injured vets learn that they owe the Army several thousand dollars. According to figures from the Pentagon and a Harvard University study, the military is saving billions by discharging soldiers from Iraq and Afghanistan with personality disorder.
  10. Answers Being Found on CFIDS and Fibromyalgia- What Benefits for Ill Gulf War Veterans? September 15, 2010 posted by Denise Nichols I did attend the Salt Lake City conference on Chronic Fatigue Syndrome and Fibromyalgia this past Saturday my recommendation has already been made to the VA RAC GWI chairman and scientific director it is to invite DR Klimas and Dr Bateman to both share clinical insights on CFS and GWI clinical objective markers to the next RAC meeting after the Nov RAC meeting. An invite needs to be also made to Dr Patrick Wood to cover fibromyalgia and Dr Suzanne Vernon formerly with the CDC and a virologist. My recommendation to the VA is that we need a Advisory Committee to deal with Clinical Care improvements for Gulf War Veterans that is backed up with valid research that is already published. We desperately need for clinical care at VA to be using this research and expertise on the outside re CFS Doctors and Researchers! Also anti Aging group of physicians have alot to offer also. WE need better clinical care for our gulf war veterans now! WE can not wait longer, we have already waited 20 years for the VA to respond. We need those centers of excellence that are bench to bedside integrating research into fast track changes for the GWVets when they see doctors at VA! Dr Klimas—Miami What a star. Dr Bateman…..Another Star Physician in Utah but sees CFS civilians although there were at least 7-8 family members of gulf war veterans that came to afternoon session of their meeting which was patient conference portion, Dr Wood in Washington state again seeing mainly civilians. I did ask that Dr Bateman included gulf war veterans in her work and research coming from CFS group as I know Dr Klimas is doing. She referenced Dr Nancy Klimas, I replied yes and I also mentioned Dr Baraniuk at Georgetown University but that we needed more than two physician/researcher on the East Coast! What about gulf war veterans all across the United States! The health care providers conference was the morning session about 100 attendees but no VA Doctors that I am aware of atttended! The afternoon session was the patient conference and it blew me away when over 300 filled the opened up ballroom size room. They had rest areas for the ill civilian CFSIDS sufferers with mattresses in an adjourning room and an active display area for poster presentations on an array of topics and treatment options! There was also a Dr(clinical) and researcher from Washington State on fibromyalgia. Dr Patrick Wood that would also be good to invite to same RAC meeting. He is with Pacific Rheumatology Associates. Tremendous speaker and knows these other researchers personally it seems. WE need to combine with CFS and FM and GWI as subset to find out how gulf war veterans deployed and nondeployed are alike/different. These people need to help VA rewrite clinical guidelines for GWI/CFS/FM They need to be involved in retraining VA Clinicans!!!!! These people said over and over they learned from the patients!!! They listen to the patients and then go to the lab with clues given from patients and find the hard answers IN THEIR RESEARCH EFFORTS!!!!! From Dr Woods lecture at Salt Lake City Medical Care Providers Conference September11. I learned so much from this one clinical physician that is also deeply involved in research on neuroimaging for fibromyalgia. I am using the information shared at that wonderful conference in Salt Lake City. Objective Abnormalities: Abnormal sleep-Related brain activity- Reduction in Stage III/IV sleep and a increased incidence of alpha- delta sleep. Abnormal CSF Fluid decreased concentration of dopamine, norepinephrine,serotonin and increased concentration of substance P, glutamate, nerve growth factor, and endorphins Moldofsky, psychosomatic Med 1975;37;341 Russel AM J Med Science 1998; 315;277 Decreased CSF Bioamine Metabolities Russell Arth Pheum 1992;35;550 Neuroendocrine Dysfunction Mildly Decreased Cortisol and decreased growth hormone levels Autonomic Dysfunction baseline sympathetic hyperactivity, decresed parasympathetic tone, poor response to physical/mental stressors Crofford Arthritis Rheum 1994 37, 1583, Jones Semin Arthritis Rheum 2007;36;357 Martinez-Lavin Arth Res Ther 2007;9;216 His conclusion speaks to involvement of a single neurotransmitter in FM-Dopamine. Wood Eur J Neurosc 2007; 25:2576 Neuroimaging Findings Neuronal Hyperactivation in response to stimulation Abnormal brain metabolites Cortical atrophy Disrupted dopamine neurotransmission Reduced mu-opioid receptor availability Gracely Arthritis Rheum 2002,46,1333 Wood, JPain in press Kuchinad J Neuroscience Wood J Pain 2007;8;51 Wood Eur J Neuroscience 2007;25;3576 Harris J NNeuroscience 2007; 27, 1000 Cortical Brain Atrophy Kuchinad- Accelerated brain gray matter in Fm, premature aging J Neuroscience 2007, 27, 4004 Reduced Dopamine Synthesis; Brainstem. Thalamus and Limbic cortex Wood Reduced presynaptic dopamine activity in FM demonstrated PET J Pain 2007 Abnormal Dopamine Response to Painful Stimulation Caudate Nucleus, Putamen, Globus Pallidus Wood Eur J Neuroscience 2007, 25, 3576 He also discussed the presence or absence of cervical cord compression(Holman AJ, J Pain 2008;9(7);613 Watson Arthritis Rheum 2009; 60(();2839. Karlsson AK, Prog Brain Res 2006; 152;152;1-8 Staud,R Curr Rheumatol Rep 2004; 6; 258 Heffez Eur Spine J 2004:13(6); 516.appearing to have substantial bearing on relationship of symptoms to biological variables and raises question of two or more fibromyalgias. He also discussed Adult ADHD as higher prevalence among patients with FM(30%)(Woods, American College of Rheumatology,2010) and explaining brain fog—more work needed to confirm. And also a growing body of evidence suggest abnormal iron metabolism as a role in expression of FM symptoms(Woods and that it will be published next yr early in yr) He reviewed Pharmacotheraphy—-Pregabalin(Arnold J Pain 2008 Sept pg 792-805) 30% reduction of pain, Duloxetine(Russel Pain 2008: 136 p 432) , Milnacipran(Mease J Rheumatology 2009. 36 page 398) He had many Clinical Pearls re Choice of Agent on antiepleptics and antidepressants Then reviewed other agents with controlled studies Anticonvulsants(Gabapentin) ***Arnold, Arthritis Rheum. 2007;56: 1336 Dual Reuptake inhibitors-Venlafaxine Central Acting Muscles Relaxants – Cyclobenazaprine Dopamine Agonists- Pramipexole–Holman and Myers, Arthritis Rheum 2005;52: 2495 Atypical Opiods- Tramadol Sedative hypnotics*** -Sodium oxybate—Holman and Myers same as above and Russell. Arthritis Rheum 2009 Cholinesterase Inhibitors – Pyridostigmine- Jones. Arthritis and Rheum 2008 He mentioned needed for referrals for Sleep testing PSMG/MMSLT Medical imaging Cervical MRI —-\ also for Rheumatology (inflammatory markers), Psychiatry(bipolar affective disorders, refractory mood/anxiety disorder) Gastroenterology(refractory IBS, Red flags of hematochezia, weight loss, inflammation) Urology(interstitial cystitis) Dentistry(Tempromandibular disorders) These are just some of the highlightes from his presentation!!!!
  11. This is just my opinion but I think that you were low balled. If the evidence that you state is in your records, VA should have awarded you at least 60% for the GERD and IBS combined. You were also screwed by your VSO who did not file your VA Form 9. Now you have to file for an increase and ask for the maximum rating allowed. You can also state in your claim that you feel that you meet the 60% rating due to your symptoms. Did you win a BVA decision or a DRO hearing/review decision? This maybe a CUE? I would strongly suggest that you see an internal medicine doctor and get an IMO on the evidence of your 2005 claim. If the evidence in 2005 warrants a 60% rating then VA made an error in their decision. This maybe a fight but that is up to you.
  12. Have you ever been prescribe medication for these conditions and how often?
  13. Is there any more to this rating decision regarding your GERD and IBS? Normally VA will state in their decision what would warrant a higher rating percentage.
  14. Scott D, I do not understand why VA stated that you do not have credible symptoms?
  15. 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.): Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30 Moderate; frequent episodes of bowel disturbance with abdominal distress 10 Mild; disturbances of bowel function with occasional episodes of abdominal distress 0 7346 Hernia hiatal: Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60 Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30 With two or more of the symptoms for the 30 percent evaluation of less severity 10 A veteran can have a combination of both symptoms of GERD and IBS that can be combined and rated together without pyramiding.
  16. Here is the regulation: 4.7 Higher of two evaluations.Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.
  17. ScottD has already been rated for GERD and IBS, therefore VA should evaluate his conditions as one condition.
  18. What type of documentation did they ignore?
  19. Guard Officer Exposed as SEAL Fraud September 06, 2010 Sun-Sentinel MIAMI -- With the distinctive Trident insignia pinned to his uniform and a copy of the SEALs credo on his office wall, Florida National Guard 2nd Lt. Douglas Sofranko was known at the Ballard Armory as a onetime Navy Frogman, a proud member of one of the world's most elite and toughest combat forces. But Sofranko, 33, a Coral Springs resident, was living a lie. He is not a former SEAL, having washed out of the grueling training 14 years ago. "It was just stupid of me," said Sofranko, whose resignation of his commission and from the National Guard was effective Tuesday. "I know how I feel about people who falsify military careers, so this was just really stupid." Sofranko's resignation comes as most of his fellow South Florida-based Soldiers in the 1st Battalion of the Guard's 124th Infantry Regiment are away on a year-long mission to Iraq. Sofranko was ineligible for deployment because he had not finished an officer's leadership course. He was assigned to the rear detachment office, on active duty supervising supply clerks and training staff, and doing a good job, according to National Guard officials. "It is an unfortunate situation that he got into that type of trouble," said Lt. Col. Peter Kaye, commander of the Guard's 53rd Brigade Combat Team. "He started a tall tale. But once confronted with it, he was forthright." Fabricating histories of military service, and embellishing stories about exploits in battle, is not new. Over the years many people have been caught lying about what they did in World War II or the Vietnam War. Faking a career with the legendary SEALs takes particular hubris. In the 16 to 18 months required to become a SEAL, candidates are put through punishing physical and mental training that includes distance swimming, underwater demolition and sleep deprivation. Yet many people do boast of being SEALs when they are not. "We average one to two calls a week about someone making claims of being a Navy SEAL," said Lt. Cate Wallace, of the Naval Special Warfare Command. "The bulk of the claims are unsubstantiated." Added Wallace: "I can't believe people think they can get away with it. The SEALs are a tight-knit group. They look out for each other." The unraveling of Sofranko's deceit began several weeks ago when other members of his Guard unit became suspicious. Eventually, those suspicions reached reporter Mark D. Faram, a staff writer for Military Times. His story included an admission from Sofranko that he had lied, and sparked the National Guard investigation. Citing privacy laws, Guard officials said they could not disclose what type of discharge -- honorable, general under honorable conditions, or bad conduct -- Sofranko received. After joining the Navy, Sofranko did begin the Basic Underwater Demolition/SEAL course with class 209 in Coronado, Calif., in August 1996. But he was dismissed weeks later, he said, when he failed to pass the underwater swim course. His class graduated without him in February 1997. After leaving the Navy in 1999, Sofranko enlisted in the Pennsylvania National Guard the following year. Two years later, Sofranko received a general discharge under honorable conditions for unsatisfactory participation, meaning he missed too many drills and other training periods. "He showed up to drills here and there," said Sgt. Matt Jones, a spokesman for the Pennsylvania National Guard who reviewed Sofranko's performance records during the year and 10 months he was enlisted there. "He did not have what we call a good year." But Sofranko's military ambitions endured. In April 2007, after moving to Broward County and despite his poor record in Pennsylvania, he applied for a waiver to join the Florida National Guard. "These waivers are granted routinely," said Lt. Col. Sterling Heymen, the Florida Guard's top personnel officer. "Young people make mistakes." Once in the Guard, Sofranko applied for the Officer Candidates Program. He completed the training, and was commissioned a second lieutenant on Aug. 17, 2009. Because he had not completed the leadership phase of his officer training, however, he was not eligible to deploy in February with the 1st Battalion to Kuwait, where they are providing security for convoys running in and out of Iraq. More than 2,500 Florida Guardsmen, including more than 600 members of the 1st Battalion, are in or near Iraq. They are due to come home in December. Asked why he claimed to be a SEAL when he wasn't, Sofranko said, "I don't know. It just started as a little comment, but instead of correcting it, it just kept going." Sofranko said he has been in contact with several Guard Soldiers and apologized for his actions. "Most have really been supportive," he said. "Most wanted to forgive me." Sofranko and his wife have two children, ages 14 and 10. His biggest worry now, he said, "is, what are my kids going to think?"
  20. Is cause by or a result of: 100% chance of being granted. Is most likely cause by or result of: 75% chance of being granted. Is as least likely as not (50/50 probability) caused by or a result of: 50% chance of being granted. "should be all a veteran needs" Is less likely as not less than (50/50 probability) caused by or a result of: 25% chance of being granted. Is not cause by or a result of: 0% chance of being granted. I cannot resolve this issue without resort to mere speculation. This rationale will cause problems with getting an increase or service connection. It also depends on what is in the veterans file, a veteran can have a negative C & P exam but the evidence in his or her file could still warrant an increase or service connection. The veteran can have a positive C & P exam and a negative C & P exam and the veteran should win his or her claim.
  21. When you file your claim for an increase for GERD and IBS, ask for the maximum rating allowed. You will need medical documentation that your condition has gotten worst. In your 2005 decision VA stated that you did not have credible symptoms. So that means, when you begin to have symptoms, you need to be treated so the symptoms can be documented. I would also suggest that you need to see an Internal Medicine doctor to evaluate your condition. If you have any hospitalizations or emergency room visits they would help document your condition also.
  22. What are your service connected disabilities including their rating percentages?
  23. Since I am on the Gulf War Registry, I get these in the mail maybe once a year. I am just glad to pass on the information and help in any way I can. GOD Bless and best wishes to all
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