pacmanx1

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

This maybe posted somewhere else. http://www.federalre...vice-functional

Just to add-I posted here the clarification years ago that is refered to in this decision- this is how this works: http://www.va.gov/ve...es5/0836450.txt in part: "The RO granted service connection for a stomach disorder in a September 2005 rating decision, and established an effective date of April 26, 2004, the date of receipt of the claim to reopen." Then under the clarified regulation as explained in this decision: "ORDER An earlier effective date of February 27, 1971, for the award of service connection for a stomach disorder is granted." 33 years of retro due to newly found service records. This case is very similar to mine and is only one part of my current appeal

I guess this is due to medical opinion, maybe I am wrong. http://www.va.gov/ve...es1/1107800.txt

Sleep Apnea 80% of people with fibromyalgia suffer from sleep apnea, a disorder that causes momentary stoppages in breathing. Sleep apnea only occurs when a person is sleeping, but it can affect some people so badly that they actually cause themselves to wake up. Many people who suffer from sleep apnea don't even know that they have it - usually it is a partner that notices the sufferer waking up. http://www.fibromyal..._disorders.html

http://www.vba.va.go...omp01b.htm#BM01

IMPORTANT Unfortunately, over the years my doctors have change my medications and due to my stomach conditions and medication interactions, I have been hospitalized many times. Always check your medication Interactions, it could save your life. Just click you agree and fill in your medications, you do not have to register. http://www.drugs.com...teractions.html

Monday, June 06th, 2011, by Capitol News Connection Lawmakers in Washington are not happy about findings from an audit on veterans affairs offices. The report looked at 16 centers. Nashville's center was among the worst. The VA's inspector general wanted to know how regional centers were responding to veterans' disability claims. How quickly and how accurately. They picked Nashville's regional office at random to inspect from April 2009 to September 2010. The Nashville center was only in compliance with five out of fifteen claims categories. VA auditor Brent Arronte told a Congressional panel late last week staff usually has good intentions, but he says untrained supervisors often are to blame for shortcomings. "We promote technicians into supervisor positions that don't have the skills or understanding all the time what it takes to supervise." As a result, Arronte says veterans' claims for things like Post Traumatic Stress Disorder or Traumatic Brain Injury can languish for weeks. Sometimes they get lost altogether. The VA now is working with personnel in Nashville and with centers nationwide to bring services up to federal standards. http://www.veteranst...93-jun-08-2011/ This is all I could find

http://news.yahoo.co...roops_backlog_3 WASHINGTON – A system designed to get wounded troops out of the military and on disability compensation more quickly has failed recently to meet its efficiency goals, delaying service members' release sometimes more than a year, documents show. The lag has caused some of the troops to turn down job offers or postpone college because they don't know when they will be discharged from the military. The system is called the Integrated Disability Evaluation System. It started as a pilot in 2007, but has since been rolled out to nearly 80 military installations. By this fall, about 140 installations are expected to participate. It works by consolidating the required medical exams and ratings, so that a service member doesn't have to go through the disability claims process first in the military and then in the VA. Congress pushed the system following the 2007 scandal over poor living conditions at Walter Reed Army Medical Center, which highlighted the complexities of the disabilities claims system. Some wounded veterans were left in dire financial conditions as they waited for compensation from the VA. The new program's goal is to get troops through the system in a little more than nine months on average. But March figures show it only met that goal about 15 percent of the time for active-duty troops, 28 percent for those in the Reserves and 40 percent for the Guard, according to documents obtained by the Senate Veterans' Affairs Committee and shared with The Associated Press. Sen. Patty Murray, D-Wash., chairwoman of the committee, said in a statement that under the new system, it takes on average nearly 400 days to process a claim. "All too often this time spent idle results in our men and women in uniform falling through the cracks of the system," said Murray, who is expected to question defense and VA officials about the delays at a hearing before the committee on Wednesday. "This IDES system was designed after the Walter Reed scandal to improve a broken system, but at this point DoD and VA need to take a hard look at improving it before expanding it further." Thirteen troops going through the new system have committed suicide or died from drug overdoses, according to the records. Despite the delays as the new system is rolled out, it appears that claims are being processed faster than under the older "legacy" system. In a report late last year, the Government Accountability Office said comparisons are difficult, but that under one estimate under the older system, it took on average 540 days. The GAO noted problems with the new system such as insufficient staff, but concluded that it shows promise and "service members who proceed through the process are able to leave the military with greater financial security, since they receive disability benefits from both agencies shortly after discharge

May 18, 2011 8:00 AMBEDFORD - A man who worked with substance-abuse patients at a Massachusetts veterans hospital has been accused by federal authorities of selling drugs to the very people he was supposed to be helping. Prosecutors say Patrick McNulty of Billerica sold cocaine to a cooperating witness on the grounds of the Edith Nourse Rogers Memorial Veterans Hospital in Bedford on three occasions, bragging about his contacts with gang members and his ability to get cocaine whenever he wanted. McNulty was arrested on Tuesday and released on $5,000 bond after an appearance before a magistrate judge. A hospital spokeswoman says McNulty has been suspended and is not allowed on hospital grounds. There was no answer at a telephone listing for McNulty. He faces up to 20 years in prison if convicted. Copyright © Cape Cod Media Group, a division of Ottaway Newspapers, Inc. All Rights Reserved. http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20110518/NEWS11/110519760/-1/rss01[/url]