pacmanx1

I go to the VAMC a lot but today was the first day I was told that travel pay will have to be direct deposited. They already charge veterans a service charge so I bet the service charge will increase once the travel pay has to be sent direct deposited. I was told that travel pay will be deposited within 48 hours of a veterans’ scheduled appointment. This will be another mess.

Just got off the phone with Peggy and found out that my claim was remanded back to BVA from the appeals court. Now the waiting starts all over again. I started this claim in 1999. It was remanded several times, I can only hope BVA get it right this time.

http://www.va.gov/he...-442.pdf#Dental

http://www.va.gov/he...rity_groups.asp

WASHINGTON -- A federal judge has quietly approved a settlement that will deliver better benefits to nearly 2,100 veterans who've been medically discharged since 2002 with post-traumatic stress disorder. Under the settlement, one of several similar efforts now under way, affected veterans discharged with PTSD will get lifetime health care and post-exchange privileges. The affected veterans had been discharged with disability ratings that were too low to receive such benefits. Anthony Koller, for one, is an Army veteran who lives in Little Elm, Texas, about 50 miles north of Fort Worth. He survived 14 months in Iraq before being discharged with PTSD. His initial low disability rating, though, left the married father of three adrift. http://www.fresnobee...tic-stress.html

Definitions to add to home page SSI Supplemental Security Income P AND T Permanent and Total Disability SMC Special Monthly Compensation

http://www.ssa.gov/p...012cola-pr.html

A Nebraska man must repay $22,148.53 in disability benefits after pleading guilty to defrauding the U.S. Department of Veterans Affairs. Dustin J. Douglass, 27, of Scottsbluff was sentenced this week in U.S. District Court. In addition to repaying the money he received, Douglass was sentenced to three months in prison, three months of house arrest with electronic monitoring and three years of supervised probation. Douglass falsely obtained benefits, claiming he suffered from post-traumatic stress disorder, eye sensitivity, back injuries, hearing problems, traumatic brain injury, anxiety and depression. But when he was deployed to Iraq, he served in an administrative position and did not see combat, U.S. Attorney Deborah Gilg said in a statement. "The investigation also found the area on the base where Douglass worked was not subject to enemy fire, explosives, or other hazardous conditions and that none of the events he listed actually occurred, nor was he ever in fear of his life during his deployment," the statement said. Douglass was in the Army National Guard from July 2005 to October 2006. Roseann Moring

http://www.signonsan...f-war-syndrome/ About one in four veterans of the Persian Gulf War and Operation Desert Shield/Desert Storm developed chronic health problems. Common symptoms include: • Fatigue • Headaches • Joint pain • Indigestion • Insomnia • Dizziness • Shortness of breath • Memory problems • Psychological problems Although generally known as Gulf War Syndrome, the symptoms vary so widely the Veterans Affairs Department does not consider them to be a true syndrome. Instead, it defines the ailments as "medically unexplained chronic multi-symptom illnesses." The VA presumes that certain chronic, unexplained symptoms existing for six months or more are related to Gulf War service, regardless of their cause.

http://www.vba.va.go...exams/index.htm

For Gulf War Veterans with certain ailments like: Chronic fatigue syndrome; Firbromyalgia; Functional gastrointestinal disorders; and other undiagnosed illnesses the current deadline for when the condition must have "appeared" is on or before December 31, 2011. If you have any conditions that are "undiagnosed" and you did a tour in the Middle East, this could apply to you. The VA is working to extend the deadline to December 31, 2018. If this occurs, it will be great news for veterans and military members who develop symptoms after the 2011 cut-off. However, since there is no guarantee that the deadline will be extended, veterans suffering from undiagnosed conditions are encouraged to talk with their Veteran Service Officer about filing a disability claim for these conditions. http://www.military....claims-deadline

Week of September 19, 2011 The Department of Veterans Affairs (VA) has instituted a new program to provide comprehensive compensation and pension (C&P) examinations to U.S. veterans living overseas. The C&P examination program includes providing a medical assessment to evaluate veterans' current disabilities that may be related to their military service. One veteran can require separate examinations for various conditions. On average, veterans receive four examinations during the VA C&P process. In addition, VA is using telehealth technology to reduce the number of veterans awaiting examinations overseas and to ease their burden of travel. http://www.military....d-pension-exams

I believe that hypertension is a presumptive disorder, am I correct?

http://www.armytimes...fusion-091511w/

Not sure if this was posted here http://c123kcancer.b...ent-orange.html

Not sure if reliable or not but just passing on. http://www.ivanhoe.c...m?storyid=28037

Joy Farmer, 41, of Columbus, Georgia, was sentenced on September 7, 2011, by United States District Judge Mark E. Fuller to 33 months in federal prison for bank fraud arising out of her embezzlement of money from veterans' bank accounts, United States Attorney George L. Beck, Jr., announced today. Farmer–who was indicted on March 23, 2011, and pled guilty on June 1, 2011–was employed as an administrative assistant for an attorney in Tuskegee, Alabama ("the Attorney"). The Attorney had been appointed as a fiduciary for several individuals receiving veterans benefits pursuant to the Fiduciary Program of the United States Department of Veterans Affairs ("VA"), which oversees benefits paid to beneficiaries who are incapable of handling their funds–either because they are minors or because of injury, disease, or old age. For each beneficiary, the Attorney established a bank account to receive VA benefits and pay appropriate expenses (the "Beneficiary Accounts"). Farmer embezzled approximately $626,101.67 from 25 different Beneficiary Accounts by writing 327 checks to herself from the Beneficiary Accounts, forging the Attorney's signature on the checks, depositing the checks in her own bank account, and using the funds to pay personal expenses. To conceal her conduct, Farmer would (a) deposit checks drawn on one Beneficiary Account into a different Beneficiary Account, and (b) deposit funds intended for one beneficiary to be deposited into the Beneficiary Account of a different beneficiary. U.S. Attorney George L. Beck, Jr., stated, "This office is committed to protecting those who fought for and protected our country. We will continue to bring to justice those who attempt to take advantage of and victimize this Nation's veterans." Farmer remains released on a $25,000 unsecured bond. Judge Fuller ordered her to report to prison on November 1, 2011. The case was investigated by the VA's Office of Inspector General. The case was prosecuted by Assistant U.S. Attorneys Andrew O. Schiff and Gray M. Borden. http://www.wltz.com/story/15419337/columbus-woman-gets-33-months-in-prison-for

I just tried to contact BVA to check on the status of my appeal and I got the answering machine that stated they will be closed till Sept 12, 2011 due to the weather.

To pull up a Federal Register page, select a volume, input the FR page number, and hit SUBMIT. Files are in PDF format only. http://www.gpoaccess...r/retrieve.html Select a Federal Register Volume: 2011 Federal Register, Vol. 76 2010 Federal Register, Vol. 75 2009 Federal Register, Vol. 74 2008 Federal Register, Vol. 73 2007 Federal Register, Vol. 72 2006 Federal Register, Vol. 71 2005 Federal Register, Vol. 70 2004 Federal Register, Vol. 69 2003 Federal Register, Vol. 68 2002 Federal Register, Vol. 67 2001 Federal Register, Vol. 66 2000 Federal Register, Vol. 65 1999 Federal Register, Vol. 64 1998 Federal Register, Vol. 63 1997 Federal Register, Vol. 62 1996 Federal Register, Vol. 61 1995 Federal Register, Vol. 60 Enter page number: (ex: 12345, 12345)

Is any one getting FERS and VA disability and is there some type of off set?

Vermont High Court: Disability Payments Aren't Part Of Garnishment Calculations. Leagle, Inc. The Supreme Court of Vermont, in Cote v. Cote, decided August 12, overturned a lower court's inclusion of veterans' disability payments within the total income of a husband whose Social Security payments were being garnished after he failed to make court-ordered alimony payments. The Federal Consumer Credit Protection Act caps at 55% the percentage of aggregate disposal earnings that may be garnished; by including the husband's monthly $2,721 veterans' disability payment within its calculation of his aggregate disposal earnings, the lower court had garnished his entire $1,569 Social Security payment. The state Supreme Court ruled, however, that veterans' disability payments were not "remuneration for employment" within the meaning of federal law, and therefore should not be counted. As a result, 55% of the husband's Social Security payment was all that could be garnished. http://www.veteranst...ans-stories-28/

Just reposting: The Department of Defense (DoD) Physical Disability Board of Review (PDBR) is re-evaluating Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) disability ratings for some veterans medically separated between September 11, 2001, and December 31, 2009, to ensure a correct disability retirement determination was made. Veterans who received a combined disability rating of 20 percent or less and were not found eligible for retirement can apply to have their MEB/PEB disability rating reviewed. For more information, visit the Physical Disability Board of Review webpage or e-mail PDBRPA@afncr.af.mil.

VA, SSDI, SSI, Disability Reviews, Cuts, Terminations! http://www.veteranst...s-terminations/

Bowling v. Principi, 15 Vet.App. 1, 5-6 (2001), the Court of Appeals for Veterans Claims made clear that so long as there is evidence of unemployability in the record, a claimant may be entitled to TDIU award under 38 C.F.R. § 4.16(b), even though the claimant does not meet the percentage disability requirements under 38 C.F.R. § 4.16(a). Amendment to 38 C.F.R. § 4.71a (Diagnostic Codes 5235-5243) (These diagnostic codes set forth the criteria for rating spinal disabilities. Prior to the amendment, the applicable diagnostic codes, 5285-5295, were fairly general and unrestrictive. In particular, diagnostic code 5293 permitted disability ratings of up to 60%, without having to show specific medical findings of motion and functional loss or physical incapacity. The new diagnostic codes have raised the bar, requiring specific and measurable medical findings of motion loss and/or incapacitating episodes.) Practice Note: The new diagnostic codes were not made retroactive, and therefore claims pending during their promulgation should not be governed by these more restrictive codes. Separately, the representative should always keep in mind the TDIU theory for back claims. More often than not, severe back disabilities prevent, or at least seriously impair, the veteran's ability to work. If a veteran cannot work due to his back problems, then regardless of the veteran's scheduler disability rating, the representative should press for a total disability rating based upon unemployability.). More to read on site. http://www.veteransl...=law-update.htm

3.159 Department of Veterans Affairs assistance in developing claims.(a) Definitions. For purposes of this section, the following definitions apply: (1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses. (2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. (3) Substantially complete application means an application containing the claimant's name; his or her relationship to the veteran, if applicable; sufficient service information for VA to verify the claimed service, if applicable; the benefit claimed and any medical condition(s) on which it is based; the claimant's signature; and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income. (4) For purposes of paragraph ©(4)(i) of this section, event means one or more incidents associated with places, types, and circumstances of service giving rise to disability. (5) Information means non-evidentiary facts, such as the claimant's Social Security number or address; the name and military unit of a person who served with the veteran; or the name and address of a medical care provider who may have evidence pertinent to the claim. (b) VA's duty to notify claimants of necessary information or evidence. (1) When VA receives a complete or substantially complete application for benefits, it will notify the claimant of any information and medical or lay evidence that is necessary to substantiate the claim (hereafter in this paragraph referred to as the "notice"). In the notice, VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant. The information and evidence that the claimant is informed that the claimant is to provide must be provided within one year of the date of the notice. If the claimant has not responded to the notice within 30 days, VA may decide the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file, including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions. If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the notice, VA must readjudicate the claim. http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=38%3A1.0.1.1.4;idno=38;sid=433a1ef9ebc78a6d5da3f0fd81923db0;cc=ecfr#38:1.0.1.1.4.1.60.68