broncovet

You can use that method, or just organize things in chronological order. (by date, earliest first) I also like to organize further, into groups, such as: 1. Medical exams by date order, or, by condition, such as leg, depression, etc. 2. VARO decisions and VCAA letters 3. 21-4138's or other correspondence you sent to the VA in chrono order. 4. IRIS emails 5. Perscription drugs (you can get these records from myhealthyvet 6. BVA appeals. 7. NOD's 8. Correspondence you sent thru VSO 9. Copies of your initial application including DD214. 10. Comp and Pen Exams 11. Phone records..if you called VA, write down date, time, and what they said, etc. 12. Case law. Cases that you have seen that u think are applicable to you. (Bell-Derwinski, etc) 13. BVA appeals 14. Cavc appeals, if applicable. 15. SMR 16. Letters from VA other than decisions or VCAA. 17. Blank VA forms, such as 21-4138's. 18. IMO's or IME's 19. Misc that does not go into any of the above. 20 Misc notes you make to yourself, such as referring to a particular hadit post or watchdog article.

My two cents: It sounds like you were denied at the RO level. This is what I would do: 1. With the help of a VSO, such as PVA, I would file a NOD. This absolutely needs to be done within 1 year of your RO decision. No matter who represents you, or if you represent yourself, or are represented by a lawyer. 2. I would ask for a DRO review (or DRO hearing, personally I recommend a DRO review as it is much faster than a DRO hearing..hearings take much longer.) Still no lawyer needed, IMHO. 3. If you are unsuccessful at the DRO level, and get denied again, I would again file a NOD within a year, and this time ask for a BVA appeal. Still really no lawyer needed at the BVA level, IMHO. 4. If you are unsuccessful at a BVA appeal, imho, now is the time to get a lawyer, that is, to appeal to the CAVC. 5. If unsuccessful at the CAVC level, you definately need a lawyer at the Federal court level. 6. Altho almost no appeals go past this, the last appeal is an appeal to the US supreme court. You have about a zero chance of your case ever being heard at the US supreme court level pro se.

J Basser.. Thanks for correcting me. Hmmm.. I wonder how "Persistent day-time hypersomnolence" is rated. Is this primary hypersomnia or recurrent hypersomnia? Wikipedia shows the causes to be: Causes Hypersomnia can be caused by brain damage and disorders such as clinical depression, uremia and fibromyalgia. Hypersomnia can also be a symptom of other sleep disorders such as narcolepsy, sleep apnea, restless leg syndrome and periodic limb movement disorder. It may also occur as a side effect of taking certain medications (i.e some psychotropics for depression, anxiety, or bipolar disorder), of withdrawal from some medications, or of drug or alcohol abuse. A genetic predisposition may be a factor.[2] People who are overweight may be more likely to suffer from hypersomnia. Although studies have shown a correlation between a lack of sleep and weight gain, sleeping at the level of a hypersomniac can also lead to considerable weight gain. This is because excessive sleeping decreases metabolic energy consumption, making weight loss more difficult. It is also the case that sleep disorders of this nature provoke or initiate weight gain due to a tendency to attempt to manage low energy levels by eating non-comple

tanker.. Ok..here is the scoop on OSA. If you are on a CPAP, and your OSA is service connected, its rated at 50%. If you have OSA and are not on a CPAP, then I am pretty sure its zero percent. I am pretty sure that is right. The important thing to remember is that to get Service connection, you need a nexus. These are available at your local Toyota dealer...Ok..I cant be serious all the time. No a nexus is a statement from your doc linking military service to your OSA. Good: "Veterans OSA was most likely caused by military service" Almost as good: Veterans OSA was at least as likely as not caused by ..... in military service. BAD: "Veterans OSA May have been caused by military service." This is speculation and your claim will almost certainly be denied.

baby ray READ NOD's analysis of a case on 02/ 10/09 entitled "Danger, Danger, DIY" for some helpful insight: http://hcvets.com/AskNOD/index.html

babyray Dr. Bash's IMO does seem to "hit a home run". Does the VA have Cand P exams which conflict with Dr. Bash's opinion? If the C and P examiner says something like either: a. The Veteran isnt sick...or b. The Veteran is sick, but it isnt service connected. Then this IMO should help you, remembering what I mentioned in the post titled, "Warning, Danger, Will Robinson". What I was suggesting is to be careful about comparing a Dr. Bash IMO (where he never actually examined you) with a C and P examiner who did an exam on you and reviewed your medical records. The reason: A doctor who actually examined you is probably more qualified to say how you are than a doctor who never even saw you. I think NOD suggests this is a "booby trap" for Veteans. In other words a Vets spends thousands on an IMO only to find out it wont trump and C and P exam because the C and P examiner saw you and Dr. Bash did not, and Dr. Bash merely interpreted what other docs said about you. To prevent this, try to get an Independent Medical EXAM, where they see you, not just look at your records. I am just trying to be helpfull. For some more helpfull informantion, go to http://hcvets.com/AskNOD/index.html and read some of his posts.

WARNING! Warning! Danger! Will Robinson! (You wont get this if you havent seen Lost in Space) A IMO where the Vet has not been seen by the doc, can be "trumped" by a VA docs opinion that did a medical exam on you. In other words, the law can regard a medical EXAM as more probative than a medical OPINION by a doc who never saw you. If possible, take the IMO to your doc, ask him to do an exam and to state if he agrees with the IMO. If he does agree, then you have an IME. A medical exam will beat a medical opinion. If your doc, wont agree to to Dr. Bash's IMo, then get u another doc who will. An IMO plus an exam = IME.

Tanker.. Carlie is right. You have 2 burdens to prove, not just one. You have to prove generally, and specifically, to your case. In other words, for example while medication x may have a weight gain side effect listed on the website, that does not mean that it necessarily affected YOU that way. Theoretically, you could have gained weight because you gave up your gym membership and got an xbox 360 instead....or because your grandmother who makes fantastic pies moved in with you. Tell your doc...geee..I noticed that med x that I have been taking causes weight gain. Do you think this is responsible for MY weight gain, considering that I gained 25 pounds since 2007 when I first started this medication? Later, see if he recorded in your med exam notes that conversation, if he says, "Yea..it sounds like your ....medication caused your weight gain." If he did not, then ask him next time to record it, tell him you need it in your medical records. If he wont do it...get another doc. You have to prove everything with the VA..not just that med x causes weight gain in some people, but that it "most likely" caused weight gain in you. It also may not work if its the other way around. In other words, as an example, if the doc says, "Vetrans weight gain most likely due to wellbutrin necessary for treatment of (SC) depression", but the wellbutrin website does not say it causes weight gain, then the Va wont beleve your doc..unless he has scientific evidence to back it up. (I do not know if Wellbutrin's website says it causes weight gain or not, I am simply using this as an example.) Yes, its a pain in the neck to do all this, but concrete evidence should eventually win your claim, even tho it will probably not win it until you have appealed several times, 5 years or so later. But....you can look forward to spending your retro if you have dotted all the I's and crossed all the t's.

Remember that GAF's are put into your file by your doc. Also remember that there are docs on your side, and there are other docs who are not so favorable. If you get an uncooperative doc, then go to your VA and fill out a form to change docs. For example, if your doc either wont put your GAF's in your record, or puts in numbers you think are unfavorable, simply request a new doc. When u see the new doc, its ok to explain why you changed docs...tell him you want a doc who is more interested in your health care than one who wants to meet all the VA's numbers. It make take a few changes, but you should be able to find a "Veteran friendly" doc. I think all docs should be "Veteran friendly"..after all, do you want to give all your personal history to a guy who hates you and who has proved that with very damaging remarks in your medical record? If every Vet did this, then pretty soon those "Veteran friendly" docs would have all the patients, and the Vet "unfriendly" docs would be sitting around twiddling their thumbs with no patients....and their bosses would wonder why 100% of their patients switched to another doc. The "unfriendly" doc would have a choice...either become a "Veteran friendly" doc, or get fired, because hospital admins really watch closely docs who have multiple patients complaining and switching to another doc. I put in the paper work to swithch docs...that doc called me and asked me why? I happen to know that other Vets also put in paper work to be switched away from her. I told her that I did not think she was all that interested in my health care, and that I would withdraw my request if she would demonstrate that she was on my side. Now, she pretty much does what I tell her to do..she knows if she doesnt, that I will complain. I think she is on some sort of probation, and if she gets more Veteran complaints, she gets fired. I wont put up with Veteran unfriendly docs, and you shouldnt have to either. If you cant trust the doc to do what is in your best interest, then why follow his or her health care plan? Unfortunately, not all docs are good docs.

tanker Yes..this way the rating specialist saves time. It takes time, for example, to look up the side effects of medications the Veteran is on to see if any of them cause weight gain, for example. Even though the link of certain medications..to weight gain...to excess tissue in the throat...to OSA is a solid scientific link, it is much easier and faster for the rater to just deny OSA based on no OSA symptoms in the SMR, and to not bother with the scientific evidence supporting the Veterans claim. The VA is only interested in Science when science supports their decision to deny. I recommend you "google" each medication you are on, or have been on in the past. Then go to the drug makers website, and pay close attention to side effects. If a medication you are on has a side effect of weight gain, print out that statement from the drug maker. This statement will be based on clinical studies, that is, science. Then, do some research on OSA. My sleep doc told me my sleep apnea was due to my weight, that is, I am too fat. If your sleep doc wont say that, you should be able to find some evidence of the link of OSA to obesity online. Print it out. If you have all your medical records, I am guessing that you can document your weight gain, while on certain meds. That is, maybe in 2002 you weighed 220 and you were on no meds. Then you started on, say, anti depressants, and your weight went to 250 pounds in 2009. Send in a 21-4138 with documents demonstrating all this, maybe highlighting the drug makers statement that their drug can causeweight gain. Then show that your weight increased from 220 to 250, and you started showing symptoms of OSA on .......date, with your weight at 245. Its a fight..and a pain..yes. In your appeal, clearly show that your OSA was secondary to your meds for SC conditions. If you have the evidence and can document it, then you probably will win upon appeal in about 5 years.

I agree with Basser..the current administration's idea for a Veteran's Cola is to put pop machines at the VA medical centers charging $1.50 for each Cola, in order to generate more revenue for va. As far as raises going to Veterans..well that is zero for at least the next two years.

I agree. First there was the "fuzzy math" that demonstates that 80% plus 20% equals 80%. Then there was the fuzzier math that says 50% of $2673 is $770. The fuzziest math of all says that while VA executives are awarded big bonuses, Veterans get zero. Lawmakers blame the "fuzzy formula" that calculates Cola..I say it is the fox guarding the hen house who says the foxes deserve more to eat but the chickens..well they just keep disappearing.

Murph... If you have been layed off due to a "RIF", that suggests that your company downsizing had everything to do with your layoff, and NOT your inability to do your job (IU). However, I beleive that the VA recognizes that companies wont tell the truth. Do you think they will tell you that you are laid off due to SC disabilitities? Lawyers would druel over each other waiting in line to sue your employer if they stated that in writing. I suggest you provide some specific incidents of how your disabilities kept you from doing your job, and how your company used "RIF" as an excuse while keeping on junior people without disabilities. Maybe one of your coworkers can help you document it. The other thing is to be unemployable, you have to not just be able to not do your present job, but you have to not be able to do other available jobs. One way you can show that is to go for the Voc Rehab, and ask them to get you a job for which you are suitable considering your disabilities, retraining you if necessary. If you are unable to maintain substantial ganifull employment in your new field either, only then would you be eligible for IU, IMHO. Others may disagree with me.

I am emphasizing what u said your contract said: It is understood that this contingent fee is to be paid by the VA directly to the Attorney from any past due benefits. The contract does not say you have to guarntee payment by the VA, rather the VA pays the attorney directly. Of course, the attorney would like you to think that you are guarnteeing the VA pays you, but remember this is a contingency payment...which doesnt pay all the time, it is "to be paid by the VA directly" and makes no mention of you paying it if the VA wont. Repeat..dont pay the lawyer..let him collect it from the VA, and point out this clause to him/her. REPEAT: It is not your responsibility what the VA does/ does not do. It is in the lawyer's best interest to insure the payment goes directly to him, this keeps some people from spending the money. There are other options for the attorny to receive payment..he elected this one, so he needs to make it happen, not you.

Whenever raters see OSA, they have a rubber stamp "Denied..no OSA symptoms present on SMR" You can overcome this, but be prepared for a long drawn out fight..tooth and nail..just like the VA does with all benefits.

The VA is very, very inconsistent. You cant count on them to do "such and such" in any particular situation. This is a good example. Some decisions clearly state eligibility for CH. 35, while others are more vague, and still some others do not address the P and T issue at all. I agree that Champva is wonderful..it is MUCH better than going to the VA, but Veterans cant get Champva..only dependents. Widows and children are treated better than Vets as I would gladly give up my VA card for a Champva card..but no way jose. My wife, on the other hand, can use champva, or go to the VA..go figure.

Yes, I have an opinion. Calmly show the attorney it was already deducted, and tell HIM HE needs to run down his money, that you are not licensed to act as a collection agency for the VA. If he persists in suing you, then show the judge the paperwork where the money was deducted, and explain to the judge you have no control over VA's inefficiency, that the attorney needs to collect from the VA. Dont pay the attorney again..this is the attorneys problem and he has more resources to fix it than you do. Dont be uncooperative, but then it is not your job to make sure the attorny gets paid, it is his job to make sure you get paid. Then, dont worry about it, consider it "problem solved". Of course the attorny wants you to pay, then try to collect from the VA...dont do it. Then, you will need to hire another attorney to collect your money back from the VA. My guess is that the attorney filled out some paperwork wrong..wrong address..etc. Its not your problem..you have enough problems. Or, maybe the glitch is solved and the attorneys money is on the way. Either way..its not your problem. Dont let em hornswaggle you into thinking it is. Attorneys are very good at collecting their money, and tell your attorney that he is surely up to the challenge, that the money you have received is already spoken for and committed. (Even if it is to be put into your bank account for future purchases! Its your money, now spend it the way you want!)

This is why many Veterans are so angry. The VA shreds documents, and then gives amnesty, or even promotes VA employees who do this. A congressional inquiry into the matter did no good, the VA simply promised not to do it any more and then proceeded to do the same old thing. http://www.vawatchdog.org/VAshredderscandal.htm

If anyone does comply with the white house order, "high value" data means that the VA will continue to spread its "high value" propoganda, while covering up or supressing the truth, such as that contained in vawatchdog.org

The article states: ''Nobody is going to pull together thousands of pages and put them in a database within 45 days,'' Translation: Nobody is going to comply with the White House Order anyway, so just keep on doing business as usual, continuing on the current path of ever increasing Veteran homelessness and ever increasing suicide, and just continue to give lip service to Veterans complaints.

I think Basser's advice is better than mine, however, if your condition has worsened, what is wrong with asking for increased SMC? I am not a doctor, and neither are rating specialists, but it does sound like it got worse. I really dont think you have anything to loose asking for an increase, but VA has a reputation of fighting Veterans tooth and nail for every dime. (A reputation they deserve, IMHO) Hypothetically, of course, maybe one part of your organ caused you problems, that caused another part of your organ to be worse than the original condition, so you could be entitled to an increase. A recently posted case supports the position that if the VA does not consider you for SMC, you could be entitled to Retro.

It looks like Ohio VSO's are modeling after the VA...pay the executives big bonuses, and take the money out of the money that is supposed to go to Veterans. Why would we expect anything less from State VSO's when the VA does exactly the same thing?

Yes, it sounds like Shinseki's plan is to make Veterans homeless by delaying and denying their claims before they can get a VA loan, so it will make VA loan program look like a success, even tho there are hundreds of thousands of Veterans who COULD have gotten a VA loan if the VA would just stop delaying or denying their claims.

Shinseki's idea of a Cola is to put Pop machines in VA hospitals so that Veterans can get a Cola whenever they have $1.50...which wont be that often because Veterans wont be getting a raise in 2009, and probably not in 2010 either. There just was nothing left in the budget after all the VA executive bonuses and lucrative contractor awards to have anything left for Veterans.

VMO.. I agree. 100% disabled Vets get barely over 30k per year, while VA Executives mostly make at least 4 times that amount, and Vets gave MUCH MORE for their country! If anyone deserves a bonus it is not VA executives who delay Veterans claims for years so that they can make the budget work and pay Vets out of next years, or the next years budget instead of this year. Delaying claims makes VA executives look good, as it means they are under budget, so they reward themselves with bonuses.