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pacmanx1

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Everything posted by pacmanx1

  1. airborne, your are correct, Congress did try to pass this years ago but for some reason it did not pass. Now they are trying to do it again. I have no problem with it, I just wanted to pass this info on to warn veterans that it could lead to problems. All business don't give military discounts like; Wall Mart or Sam's. The main thing is once you have a military (MWR) ID card you can always ask the business do they offer a military discount and if they say yes then you know.
  2. I think I stated somewhere that my situation is unique, I have a VA rheumatologic that is treating and helping me. my service connected fibromyalgia can also be aggravating my spinal injury but this is not part of my current claim. As for medication/operation there is nothing they (Neurologist) can do. Medication does not help my pain and my condition is not operable. My neurologist told me about six years ago I just have to live with the pain. My rheumatologist told me that there is no magic pill for me. He has tried everything but the medications he has prescribed me makes me sick and I end up in the hospital because my body can't tolerate them so I am stuck. My claim is currently at the rating board.
  3. airborne, Congress is debating to approve full PX and Commissary privileges to all disabled service connected veterans, as of current this is only possible if they have a MWR ID card allowing them access to the PX and Commissary. I am not sure if they (Congress) would go as far as issuing all disabled service connected veterans ID cards but it is very possible. Unless they approve veterans to use their VA ID cards I don't see any other way to give them access. I was on post the other day and I had to get gas, I was asked by the gas clerk to show my ID card. On some bases you must have a valid military ID card to purchase anything. I live in a military town and I can use my military ID card for other discounts like: renting a car, Lowe's, auto zone, restaurants, I even used my ID card to get a huge discount for Microsoft office. The ID card can be used for different things because most people/places don't know the difference or just accept the fact that you do have a military ID card and give you the discount. A veteran with a military (MWR) ID card can get an AAFES credit card (used to be DPP but may be military star now but not sure) and if their account goes delinquent that is where the problem can begin
  4. Hey, try this website. I think number 27 may partly answer your question. I am not sure about the same address thing but you can prove you incurred an expense and you traveled in a different vehicle. I also think I read you have 30 days to file an appeal http://www.va.gov/healtheligibility/Librar...lFAQ.asp#copies
  5. My chronic pain was linked to my service connected fibromyalgia rating code is 5025
  6. halos2 and rock, I fell on my spine while I was in the military and I sprained my upper and lower back several times in the military but was denied service connection for back injury/sprain. My appeal went to the BVA and they remanded my claim for new evidence. I recently had a MRI that shows I have a bulging disc and DDD of my cervical and lumbar spine. I was also recently awarded service connection for fibromyalgia.
  7. It would be an up hill battle. Just curious do you have any other pending claims or any recent denied claims? Do you have any other conditions that could aggravate you back?
  8. maybe it's the weather, maybe it people, or maybe it's my patience, But I have become very irritable lately and little things just **** me off. How can you get better when people **** you off. It seems like they know what they are doing and don't care, but if you get to the point of action then you are the one that is wrong or going to jail. I have PTSD non service connected and mood disorder connected. Some days I have really bad days and I can just feel you better get by yourself or something is going to happen. I won't call it rage but I just say I feel like exploding, can't remove all the idiots of the world.
  9. Beware of PX (AAFES) privileges' a lawsuit saying that AAFES added interest on closed DPP accounts up to and beyond 10 years. AAFES then collected any collection through federal offsets of Active duty, Retired military and Disabled Veterans Income Taxes. As far as I know the lawsuit is still pending. I was contacted by the courts saying I was a member of a class action lawsuit and I would be notified once a decision is made. I thought that a company could hold an account open for seven years and after-wards close the account. I also thought that after seven years that all debt that was seven years or more would be removed from your credit report, not so with AAFES. So if congress passes the law that Commissary and PX (AAFES) privileges' should be awarded to any Service Connected Veteran, please beware of AAFES tactics. http://www.consumeraffairs.com/news04/2007/11/aafes.html
  10. I think this is it. http://www.washingtonwatch.com/bills/show/111_HR_1818.html
  11. Try this site see if it opens. http://www.washingtonwatch.com/bills/show/111_HR_1818.html
  12. In my case I have several direct related service connected disabilities and several secondary. My clams now are for a direct injury and two secondary conditions. Reference to my injury the C & P doctor did not give an opinion but stated the already known facts, but the new evidence is my latest MRI that shows I have a bulging disc in the upper part of my spine where I fell on in the military. As for the two secondary conditions the C & P doctor says they are related but not to my claimed condition. In other words he feel they may be service connected but not to the current claim I am trying to win. The evidence I have is not VA, just research I have of the relationship of my disorders. Basically, problems with my neurological system is causing problems with my respiratory system. VA accepts medical research as part of evidence linking connection to disorders but I think, once they review this evidence they have to request a medical opinion to verify or refute that it is actually related to the individual's situation. Or VA can award service connection based on the over all condition of the veteran. This is a remand so if they deny them, It must go back to BVA and they will either uphold their decision or remand it for a medical opinion. I know this may take a while but I have been waiting since I filed.
  13. I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).
  14. veteran for life, only if your C & P exam was completed at the VAMC you can request a copy that will not interfere with the rating time but if you had a QTC C & P exam it may interfere
  15. airborne, I am very sorry for your experience but mine has been totally different. I recently had a bad C & P at the VA hospital but I had already collected my evidence and I did not send it in because I knew the doctor would not agree. I deliberately waited to send in my evidence to force VA to give me a new C & P exam that specifically address my issues and not just go by what the doctor stated in my exam. My claims are unique, I am asking for secondary to disorders that are grouped in to a service connection disability. The disability itself may or may not cause secondary problems but the grouped conditions would. They are ratable separately without pyramiding. I know that's hard to understand but just believe me, I feel I have legitimate claims. Even if VA denies my claims they must go back to the BVA because they are remands and they will see the evidence I submitted prior to my decision. They will then remand my claims back to address the new evidence I submitted after my C & P. I maybe wrong but someone can chime in but I believe it is part of the privacy act of 1974 see quote: By law VA or any agency can not refuse your request. They can tell you it will take sometime to process but they can not deny the request. Mental health records may be different, they sometimes request that you get a mental health doctor to help you understand these records but they are suppose to release them. I get a copy of my records every time I go to the VAMC, it doesn't matter if I have a mental health, C & P, PCP, or rheumotology appointment. I just fill out the form and I get my copies or they mail them to me. It also doesn't matter if I have a pending claim. My claims have been pending since 2004 and I always get my records. No reason makes sense you are in a legal battle they must give you access to the information. I disagree after you sign your VCAA and you get new evidence you should submit it. It could change the raters decision, and you would not have to file a NOD which takes about two years. Sorry for the length
  16. In reference to what Berta and airborne18 said, It depends on where you had your C & P exam. If you had your C & P exam at the VAMC (VA Hospital) then go to the release of information office at the hospital. The Release of Information Office (ROI) office can print a copy after you sign the form and it does not interfere with your claim being rated. If you had a QTC C & P Exam the only way you can get a copy is requesting it from the VA regional office and this could delay your claim decision because it would have to leave the rating area and go to the Release of Information Office at the VA Regional Office (VARO) and wait its turn to be copied and mailed to you. Then your claim would go back to the rating area and it may be put back in place to be rated or put your claim at the bottom of the pile. So the question is where did you have your C & P exam? Was it at the VA hospital or a private doctors office?
  17. Hey purple, wow I didn't even catch that until you said it. A similar thing happened to me when I requested a letter for my post ID card. VA sent me a letter stating I was 100% P & T but did not say I was not scheduled for future exams. I had to call them again for a letter saying I was 100% P & T and I did not have future exams to get my Indefinite I D card. I know I have typos but this is just chit chat. This is not a legal document. I know it only takes a few seconds but think of all the time they waste redoing little stuff. They hate that we, especially me Call so much but I learned a long time ago. If I do it right the first time I don't have to redo it, Basic training of course I had a drill sergeant that loved to make us do stuff over and over again. Maybe they need someone yelling in their face telling them that they are a bunch of ****** screw ups and they are not going to get anything to eat or sleep until they get it right. I know I maybe wrong but sometimes I do feel if some of the raters, adjudicators, DROs would fall on hard times and have to go through the process of asking for help and get the red tape that we do thing maybe different. As I said I know I am wrong just forgive me and I will get better, maybe
  18. wings, I just did that today to be sure and I was told it was/is correct in the system. They just sent me my last rating in March and they asked me to verify my address when I called
  19. Called VA and asked them to send me proof of my rating to get a discount hunting and fishing license. I got a statement in the mail but it added a letter to my name. I called back to get a corrected statement because my name has to be spelled correctly to be printed on the hunting and fishing discount card. I got a new statement in the mail and my address is incorrect, house number is off. I guest the postmen got it right but anyway feel that this may be confusing and didn't want to explain so, I called back to get a third statement and hopefully this one will be correct. I am not sure if this is just stupidity or deliberate but when I called the 800 number they told me the statement must come from my local VARO. My name and address is correct in the system so how can they get them wrong. Maybe I am just too paranoid that VA likes to screw up everything but this is just too easy. How hard is it to write a statement when the information is already in the system. :(
  20. Sorry only one check allowed VA Begins Stimulus Payments to Veterans June 29, 2009 Department of Veterans Affairs WASHINGTON -- The first $250 payments to veterans as part of President Obama's recovery plan were sent Monday, and officials at the Department of Veterans Affairs said all payments will be distributed by June 30. As part of the recovery plan, VA is making one-time payments of $250 to eligible veterans and survivors to offset the effects of the current economy. VA estimates $500 million in payments will be made to approximately 1.9 million veterans and eligible beneficiaries as part of this measure. To be eligible for the payment, VA beneficiaries must have received VA's compensation, pension, dependency and indemnity compensation, or spina bifida benefits at any time between November 2008 and January 2009. Also, beneficiaries must reside within the United States, Puerto Rico, Guam, Northern Mariana Islands, American Samoa or the U.S. Virgin Islands. No application is necessary. VA has requested that the Department of the Treasury make the $250 payments to eligible veterans. VA used its existing payment records to determine eligibility for the $250 payment. Beneficiaries will receive their payments the same way they receive their monthly VA benefits -- either by direct deposit or in the mail. This payment is not countable in determining eligibility for VA pension or Parents' dependency and indemnity compensation, VA officials said. The law allows one $250-payment per person. VA will spend more than $1.4 billion as part of President Obama's economic recovery plan to improve services to America's Veterans. VA's Internet site - www.va.gov/recovery - provides current information about VA's work to deliver its portion of recovery act funds to benefit veterans.
  21. OK, still no problem, it clearly states that you don't need the 60% or the 70% and it is supposed to be the raters responsibility to ask for the extra-schedular consideration but we all know that this does not happen and if it does it is very rare. Let's keep in mind that the veteran has already applied for and denied PTSD and IU. Rikkor, What was the reasons for the decision in your denial letters from your denied IU and your denied PTDS claims? This may help us understand better.
  22. OK, I still feel that VA looks for the rating of one issue at 60% or a combine of 70%
  23. Here are the facts § 4.16 Total disability ratings for compensation based on unemployability of the individual. top (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
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