broncovet

I agree with Rshen. An example should explain. Lets say a woman Vet has a disability based on MST. Would she be required to tell a potential employer if she was raped in the service? I dont think so. Or, would she even have to use the term "MST"? I know Vets who have PTSD, but you dont know it. They dont want to talk about it..for them, talking about it is a "trigger". This is America and the VA doc's cant "waterboard" or torture Veterans into disclosing illnesses, not legally, anyway. This would include the threat, "If you dont disclose your PTSD before we hire you, we can fire you" There is a difference between lying on your application and exercising your choices on what to disclose. We simply do not have to answer every question presented to us. While an employer could view this as a cantankerous attitude, the employee/applicant also has a choice of whether or not to sue an employer for asking irrelevant, and possibly embarrassing or even illegal questions. I dont even think its legal for an employer to ask you if you are a homosexual, for example. There is a privacy act...we dont even have to sign a form releasing medical information to the VA. Its optional. I think we should rememeber this, when the VA no doubt wants us to think they have to know every single thing about us, whether or not its related to the disability compensation we are seeking. Of course, the Va is going to make the decision on the information available, and, if the Veteran elects not to sign a release of Information to the Va, he can expect the VA to make a decision on his claim without that information. The VA has to stick its nose in just about every aspect of a Veterans business, and not just health care, either. They expect to know our income, and even its source, to apply for certain benefits. Frankly, I am appalled at the VA's nosy attitude, especially in light of the fact there have been multiple instances when the VA failed to keep Veterans private information private. There are things an employer can not ask a potential employee. We really are entitled to a private life, and many of us do not want to be put under a microscope and to be used for teaching, or whatever purposes the VA or an employer sees fit. Trust me, I know about office settings and if a Vet had PTSD or MST, there is a good chance that details of it would be leaked to persons (s)he would prefer not to know this. I am familiar with other disability forums and the general consensus is when applying for a job, the applicant should have the choice whether or not to disclose physical or mental disabilities. If there is a question on the application form "Do you have a disability", I think a person can elect not to answer that question, and not be excluded from consideration based upon his reluctance to answer that question. Some disabilities are "hidden" in that people not afflicted with them are unlikely to notice. And many disabled people prefer to keep it that way. There is simply no law requiring people to wear a T shirt with details about their disabilities.

Not Well Grounded is a catch all phrase which means, "Altho I never read your file as I am illiterate, I am denying you because I am the rater and I said so, and you are nothing but a peon Veteran."

Jim That was a fabulous, informative, well thought out post, helpful to Veterans.

Well, since you also applied for pension, this is not usually denied, assuming you are eligible otherwise. That is, you have to have low income, (probably under about $12000 depending upon your dependents). You dont have to have anything service connected for pension. But you do have to serve during war time, or you wont be eligible. You can get better answers here if you post "reasons and bases" for denials..you can redact your name and ssn/address if you like. Probably, you will be filling a NOD, but the "r and B" will help us on how to word the NOD. (Notice of disagreement...the first step in your appeal)

I also have used gravity inversion boots. While I think they are a help for some things, my guess would be if it is a muscle issue, one may consider physical therapy/exercise. This is what helped my knees the most. IMHO, the idea of the inversion table is to stretch and exercise those muscles. I think a few of the chiropracters may use them, and maybe the VA would (gee, I dont know for sure) pay for chiropractic care? I have had good luck with chiropracters for back pain.

I agree with Berta, but here is the problem: The VA severs the service connection to very old disabled Vets, probably too sick to survive years of appeals. They get away with it, even tho it conflicts with regulations. And they continue with it, because Vets dont appeal. Its the same problem as the fiduciary scandal..where the VA regurarly gets away with it scott free, essentially, with stealing tired old Vets money. The solution: We have to unite. Vn Vets, Iraq Vets, female Vets, male Vets, WW2 Vets, widows, spouses, kids, all of us. "Divide and conquer" is their motto. We think it wont happen to us because we are still young enough to fight. Assuming this Vet was P and T, IMHO the VA cant severe service connection without medical evidence the condition has had "material improvement". While they can "cue" a decision, they should have to comply with all the Cue standards that we have to comply with. If there was justification for the original decision, then a difference of opinion with another decision maker is not CUE. Finally, the regulations normally require a C and P exam for the VA to severe that justifies a rating reduction. This is why the VA calls P and T "no future exams scheduled". While the VA can call for a reexam, they are not supposed to do this with Vets over age 55 "except in unusual circumstances". I doubt this Vet was reduced based upon a "material improvement in condition". Once the VA determines a condition is "service connected" then they would have to meet CUE standards, after one year from the date of the decision, to severe SC, except in cases of fraud. The reduction rules are very specific, and are designed for "rating stability".

I do think it would be a good idea to wait and see what the decisions/appeals are before we get too upset because some of these things do not always turn out like they first appear, especially in the media. However, if this stands as it sounds, it is disturbing. While I agree that a "Nod" is not appropriate for a "Proposed Reduction" as this applies only to "decisions", if the proposed reduction resulted in a "decision" terminating benefits, then the NOD is appropriate. Of course, the Veteran should have asked for a hearing and fought the proposed reduction, if, in fact, the VA did give the Veteran due process of a proposed reduction. I do think Carlie is spot on, that if the VA did not dot all the I's and cross all the "T"s of a proposed reduction, this should be reversed by the courts, even tho it may be too late for this Veteran. This is taking advantage of a very sick Veteran, counting on him not living long enough to appeal this reduction. You see, this can be used as a precedent to sever other Veterans benefits. "Justice delayed" is justice denied. And I agree...thank God for Berta, because I know she meant what she posted about this. This is about all Vets, not just this Vet, because if they can sever his benefits, they can sever ours, too.

After reading the various different levels of service on Ebenefits, it appears that this is like the rest of the VA...each Regional Office Manager does it "however" he or she wants.

I completely understand why they dont call you. Misunderstandings occur on the phone. Rating decisions are often complicated, sometimes with several issues denied, others awarded, Chapter 35, TDIU, P and T, dependents, etc. etc. Personally, I am hard of hearing and prefer email or written correspondence, as 90 percent of the time its me that does the misunderstanding. With a written decison, there is not "he said she said"..its all down in black and white. While the VA does deviate from this, I would like to see consistency. I could hear it now. You get the decision and call them back, "But she said on the phone it was supposed to be .....% for this an >>>% for that, with a combined total of ....% which would qualify me for TDIU" A phone call of your rating decision is not going to make your money show up one hour earlier, and leaves more room for confusion and errors. We already have enough of them.

I agree with Carlie...you can represent yourself. If you have questions, ask them here...you get better answers here than with a VSO. You see, if someone gives an answer here that is not right the others tend to Pounce on them, while your VSO can just keep on giving out bad information and no one will know.

And we thought we were done with this? So much for the VA's promise they are "committed to resolving the (shredding) issue" For 3 years, they covered it up and did not notify Veterans. http://www.riograndesun.com/articles/2011/06/02/news/doc4de6712acbae5241124811.tx Yet, the VA "closed the door" on this issue in 2009: http://www.vawatchdog.org/09/nf09/nfoct09/nf100109-3.htm

One of the reasons why people get infected is that they "have an antivirus program" but do not realize it needs almost constant updating. As Berta pointed out, the antivirus software needs updated, except for those that update automatically. Often the "free" antivirus, and even many of the older "pay" antivirus softwares do not update on their own. One of the reasons for this is the "automatic updates" can be a security hole in itself that the hacker exploits. It "automatically updates" and then loads the new hacker version, which often disables the antivirus software. This is why you need to stay on top of the number of processes running. This number should not "grow" unless you add programs to the list...messenger, your printer, etc. While the number of processes "grows" as you add capabilities and function to your computer, it should not "grow" on its own. Think of it as stuff in your house. Yes, you picked out a new chair, and a new lamp (where there was none before), but who put that object over there in the corner? If you didnt, your spouse didnt, then why is it there? Yes..someone was in your house. They "put something in there", but this is not a benevolent gift...it probably has a camera on it that is taking pictures of your mail, as well as who knows what. Get that funny looking object out of your house as it is probably some sort of spy device. Of course its different if you called the furniture company and ordered new furniture. You only want "visitors" to your computer that you specifically invite. You dont need strangers in your house (without a purpose...you know, this does not mean you dont let the Cable guy in, when you call for repair...but if he shows up, and you didnt call, maybe you should consider asking him to leave...you just dont know if that cable uniform he has on is real or not, and if your cable tv does not need fixing, why is he here?) .... and you dont want them on your computer either.

You are going to need some documentation, names, dates, etc. to give it to the media. They wont do a story on hearsay.

I agree with CC...he has listed some big name Vets attorneys. Ken Carpenter, and Katrina Eagle are very well known. You see Ken Carpenters cases all the time. Katrina is/was the president of NVLSP. B and M has a good reputation among Vets, too. Doug Rosinski won a 22 million dollar lawsuit for Vets. I have emailed Jill Mitchell..if its the same one. She used to be in Cinci..she may have moved. My experience is that you cant get those big names. They are so busy they may not even be taking cases. While there are thousands of social security law firms, its almost hard to find a Vet lawyer, unless you go out of state. Being a Vet lawyer is not all that lucrative, so lots of law firms either do it pro bono, or dont do it at all. How would you like it to wait five years to get paid? Oh..yea, I forgot. Since you are a Vet, you are used to it. Vets are the only ones I know who will wait five years or more to get paid.

Once, I worked on a fellows computer, who had complained it was slow. When I discovered 78 processes running, I told him that was likely the reason. I explain it like this. If you complained that your car would not go faster than 30mph, and I went to look at your car, and it had a chain on it where it was towing 18 other cars at once, do you think that may be why it wont go over 30? You have a choice: Either eliminate some of the running processes, and disinfect your computer, or continue to use it. It is even possible your computer is a zombie...where it is actually being controlled by a hacker who uses your email address to send out spam. If it were mine, I would reformat and reload the operating system and here is why: If you get a good virus software, update it and run it, along with trojan detector, it will likely show infections. The problem with deleting them is that many virii are polymorphic...this means they copy themselves in other parts of your computer using a different name. These are hard to get rid of even for experts. I dont try. I start clean by reformatting the hard drive. If your computer is over 4 or 5 years old, I would consider replacing it. If you cant afford it, try this temporary fix: Go to Start, then run. Type "msconfig" in the box, without the quotes, exactly. When msconfig opens, click the "startup" tab. Click "Disable All" then OK. Reboot (Power off your computer, then power it on). When you reboot, it will tell you you reconfigured your computer to "selective startup". I check the box to not tell me about that again. Now, when you check the processes, you should see way fewer, and your computer will likely run faster, and fewer problems BUT things like your printer may not work. If this happens, go back to msconfig, then check your printer box to enable it to run at startup. I will explain what you just did. They were having a wild party on your computer, kind of like your teenager while you are away for the weekend. They invited over a few hundred of their friends and got a few kegs of beer. You come home. Ok..EVERYONE OUT. I mean everyone. Then you let back in the ones you know are ok, such as your son, your dog, your wife and your best friend. By kicking everyone off your computer you are sure to get "the bad guys", then just let the good guys back in.

I concur with Basser, that IE could be the culprit. This site works well with google chrome. However, time after time whenever your computer does "strange" things, it is often a red flag of malware infection, that is, a virus/trojan horse/backdoor. If your computer is slow, (that is, slower than when it was new), it is highly likely you are infected. Virii consume resources and slow or even stop your computer. And, I have had lots of people tell me, "Oh I cant have a virus...I have anti virus software". Right. And there cant be crime in my city because we have policemen, right? Yes, you can still have a virus (or worse) with anti virus software. The best and most dependable method to be certain you have gotten rid of a virus, is to reformat your hard drive and reload the operating system. This means you need to back up your data, which you should be doing anyway. But it does take considerable time. It takes a skilled technician to be certain that all virii/malware is removed. Do this: With nothing running on your compuer, Point your mouse at the task bar, then right click and select "task manager". In the tm there will be a number of how many processes you are running. I can probably tell you if you have a virus from that number, or, at a minimum, you may be trying to run too many things at once, often overwhelming your computer. If the number of processes is less than 35: This is good, you probably have a fairly clean, good runing computer. If the number of processes is 35-45. Still good, you probably have antivirus software running, and maybe an IM and a few other things. If its 45-55, you probably have quite a few things running, and your computer is still ok, but probably will start to slow down a bit, but still work ok under normal conditions. If its 55-65, unless you have an expensive super fast computer designed for this, you are bogging down. If it is 65-75 your computer is probably painfully slow. If you have more than 75 processes running, then your home computer for under $700 is maxed out, almost certainly infected, and your computer is probably a zombie. A zombie computer is a computer so infected that the computer is operated remotely, probably with a key logger, and your computer is being used by a hacker to send out bogus emails. I would reformat and reload my operating system if I had more than 60 processes running, as it is likely infected.

Since I have not seen this posted, I will post the website for the "honor flight". Please see the website for complete details/eligibility, but WW2 Vets are flown, for free, to Washington DC. Priority is given to WW2 Vets with terminal illness. WW 2 Vets without terminal illness are also welcome, but there is a waiting list, which is longer in some cities than others. I emailed the local director, because my father in law, age 86 is a WW2 Vet, "probably" with a terminal illness as he has cancer. We expect to hear from the oncologist soon, but I have an idea that the doctor will likely write Frank the letter, that is, the doctor probably wont expect him to live more than 12 months. I called Frank from the hospital, and asked him if he would like to go. He responded yes, as long as he is not in too much pain to enjoy it. I may possibly go with him, as his guardian, and they have asked me for $275 to go with him. (I am not a WW2 Vet. I think they are planning on doing the same for VN Vets, but, due to their advanced age, WW2 Vets are priority) Including my father in law (WW2), myself (Vietnam Era) and my son, who recently was deployed to Iraq, my family has 3 generations of Vets who have served our country, all honorably. http://www.honorflight.org/ If it turns out that I do go with him, I will post details if there is an interest.

The form 9 is like Windows, "Are you sure you want to do this?" The VA, like the computer, waits for you to say, "Yes, I am certain that I am frustrated with the VA's denial of my benefits and want to proceed with the appeal" If you have done a thorough job with your NOD, stating all the reasons why you want to appeal, then the form 9 will almost be a duplicate, just on a different form.

Dont wait. You wont be getting a form 9 back from the VA until AFTER you timely file a Notice of Disagreement, and until the VA sends you a SOC. Appeals have TWO deadlines for Veterans, Zero deadlines for the VA. 1. The Veteran must file a NOD within one year of the RO decision. 2. The Veteran must file his form 9 within 60 days of receipt of the VA's SOC. The VA justifies this "2 deadline requirement" because some disputes are resolved on the DRO level and do not need to proceed to the BVA. Thus, many Veterans elect a DRO review when they file their NOD, and the appeal will NOT proceed to the BVA unless the form 9 is completed and returned by the Veteran to the RO. Your VSO or attorney should help you with the form 9, if you have one. But, make no mistakes. The VA gathers up every appeal not timely filed and denies them all in one fell swoop. Your appeal is dead in the water unless it it timely appealed. Only a "Cue" or "N and M evidence" can revive it.

Your form 9 has a place where you basically write why you are appealing. I would include language similar to: 1. Since the net result of this decision was that the Veteran went from a 10% evaluation to a 0% evaluation, along with a decrease in compensation, this decision amounts to a reduction in rating. Since the Veteran has neither recieved the required 60 day notice for reductions in rating, nor has the VA complied with other requirements for a reduction, the Veteran contends that the rating should be reverted back to 10%, while keeping the 1979 effective date. 2. Additionally, since the Veteran was seeking an increase in rating, the decision did not address this issue, but instead lowered the rating. The Veteran continues to appeal for an increase, and protests this "deemed denial" of his requested increase. He is further entitled to a decision on the increase, along with a "reasons and bases" as to why the increase has been denied. The medical exam on ........date shows a worsening of the conditions, and, an increase is warranted. ...something like this...you can cut, paste, or modify or discard these exact words, if you like. I wrote them to help a Vet.

Remember, the finality of a decision after a year goes both ways. You cant appeal it, except for CUE, but the VA cant either. So, your 10 percent became final, and they need to try to CUE themselves to reduce it. I think this is an error that may possibly get fixed easily, if you point it out. The VA should have awarded 10% back to 1979, not 0percent. Try making it sound like a typo...try sending an IRIS.

You see, by switching gears, you go on the offensive. Then, its the VA who has to try to prove they followed reduction procedures. You are no longer the one trying to prove the very difficult "CUE" standard, but instead, the VA must justify their actions demonstrating that they either complied with reduction procedures, or that yours was somehow "exempt". Dont just sit and let the VA hit you with a reduction..hit em back, and hard.

Wyn A copy of the c file is critical. Anything less and you are "shooting at the moon in the dark". BUT...It does sound like you filed a NOD to the June 10, 2010 decision, and rightfully so. I would argue that going from 10% to 0% amounts to a reduction in rating, and the VA cant do that unless the VA follows specific "reduction" procedures, and it sounds like they did not. One of the requirements for the VA to reduce your rating is that they must give you 60 days advance notice, and give you a right to a hearing to protest the said reduction. If they do not follow that procedure, and it does not sound like they did, the courts will overturn such a rating reduction. YOu probably still have time to raise the "reduction" issue, as it is before one year up to June 10, 2011. I think, anytime the Va reduces your compensation (except for dependents reaching age 21 and changes in income for pension purposes) they have to go through the "reduction" procedure. Search for "reduction in rating" for more details. There is a lot on hadit about it. Even tho you should fight this reduction, big time, you need to also ask for an increase, if you think its too low. LOOK UP the regulations, dont guess. YOu can get copies of your medical records at your VAMC much faster than you will likely get the VARO to get your c file. Look those over and see if you meet the criteria for a higher rating, and include that evidence in your appeal. You have to get busy, you dont have much time.

Mostly, Big Red was responding to what I had said about Sleep Apnea, even tho he did not specify "Bronco vet". I did not find what Big Red said in the least bit offensive...he was simply stating what I consider to be factual, that the earlier you served, the "tougher" it was. A good example is with my son who is currently serving. He told me in boot camp that they tell you..."Do you want to quit the Army?" And, I understand that you can just quit. Many of us Vn and older Vets find that rather, shall I say, "easy" compared to what we had? We had no option of quitting..it was not an all volunteer military, as was pointed out we have today. I find it rather incredible they can "just quit". We had to stick it out no matter what, and anything less was a deserter. As I said, the military has changed over the years, and mostly, it has not gotten tougher. We washed all our clothes by hand (no washing machine). Many changes are for the better. Now, we know to offer ear protection from loud noises. They did not offer that back then. While I appreciate both female Vets, and widows who are on this board, almost no one disputes the military is predominately male dominated. If I tried to enter a predominately female dominated area, I could likely expect some resistance from many of the females. And, we men, well, we often do things differently than women. Pretty much, while men DO get mad at each other, we also tend to get over it quickly and not hold a grudge, usually. I have met a couple men who got in a big fist fight in grade school and then that opponent winds up being their best friend. There is a male bonding that goes on in a fox hole that I dont think their is a female equivilant for. Big red was simply stating his "male viewpoint" opinion, which probably represents the majority of the military, tho many, many men just dont talk about it. As already stated, I value highly the widows and female Vets on this board..many of them are an enormous help...but I will ask a little leniency from them on men just being men. We cant help it we dont think like you. Oh brother, I have gotten in trouble with the women before, and I hope this is not going to become World War 3: The battle of the sexes. Lets just remember that the majority of Vets are men and we are here to help Vets.

Big Red I think what you posted got "glanced over" and not looked at, and I think that will hurt some Vets. I am talking about what you called the "Millennium Program" You would be helping Vets starting a new post, and talking just about that, so we can find it. If I get what you are saying, the MP will pay a Vets private hospital bill, within some limits. THIS IS HUGE!!! You see, I go to the VA because I dont have a choice, not because they are the best care. One time, when I had chest pains, my wife called the VA to let them know I was on the way. They responed they were full and "diverting patients". Well, what the heck am I to do? The VA told her to go to a private hosptital and VA would pay. So, I went to a good private hospital (my wife is familiar with the private hospitals as she is a cardiac nurse). Well, at the private hosptial, they diagnosed my sleep apnea in 24 hours, when I had been going to the VA for 8 years and they did not diagnose my OSA. I got treatment for the OSA and it most certainly saved my life. The reason is that untreated sleep apnea basically destroys your heart over time. The heart does not get enough oxygen and the right side expands to accomodate it.. It makes the heart imbalanced and eventually beats irregurarly and ultimately leads to Congestive Heart Failure. I think it was Reggie White who died of sleep apnea. Basically in one of those apnea events, that occurs with me 67 times per nite, the heart dies. While I "got lucky" and went to the VA when it was full, I did not realize that Vets can get treatment outside of the VA with the MP. I thank you for this advice, and I will be looking into it much more. Basically, for the most part, the VA medical care is sub standard, IMHO. This heart incident brought that to my attention. The medical care I got at a good hospital was 50 times better than any I had ever gotten at the VA.