broncovet

Mac I know it is frustrating, but you will have to be patient. Use this time to really make a plan on what you are doing with your retro. Here is a "little trick" that may help you or other Veterans: If your wife is working, and you get some money, you can put it into an IRA and claim a tax deduction even if you have already filed that years taxes. A hypothetical example: You applied for benefits in 1994, and finaly get a retro check in March 2009. You have already filed your/your wifes joint tax return for 2008. You put $4000 in an IRA and specify it is for tax year 2008. Then, you can file an amended return for 2008, and get back more tax refund money based on the tax deduction for the IRA contribution for 2008. My bookeeper says people do that all the time, and it is perfectly legal. For this year, the IRA contribution for 2008 has to be completed by April 15, 2009. I dont know if filing an extension extends the IRA contribution time or not, ask your bookeeper.

I would like to hear from someone more experienced, but I think once a condition is Service connected it does not matter whether it is secondary or not. Some conditions have a whole list of things..diabetes is one I can think of. If your Diabetes is SC'd, for example, diabetes causes lots of problems..vision problems, often causes foot amputations later in life, circulation problems, blood pressure problems, etc. So, if your diabetes was SC'd secondary to something else and you had to have a foot amputated from the diabetes, then you should be SC for the loss of a foot. Is that not right Berta and others?

I agree with Testvet and Berta 1) Waiting on filing for SSD costs you money, and could actually hurt your chances. Dont wait. If you are awarded $1000 per month SSD, then it costs you about $33 every day you delay if approved. 2) The VA likes to make Vets think that they are not rated high enough under the so called 70/60 rule to be approved for IU. But read that rule a little further, and it says to the effect that if the Veteran is not employable and fails to meet the 70/60 rule, he will be submitted for "special consideration" for IU. The reason this happens is that the VA repeatedly low balls people so they cant qualify for IU, because that is big bucks. Then they deny IU based upon the 70/60 rule, and "forget" to give you "special consideration" when you have disabilities less than 70/60. Most Vets dont "catch" it and dont appeal, so they have saved money and rated another Veteran less than what he deserves. Even when the Vet does appeal, they have a list of arguements as long as your arm, like, "The Veteran did not ask for special consideration" or "The Veteran has other problems that are not service connected that contribute to IU " You have to fight most RO's tooth and nail for every nickel. Watch for "back door denials", too.

I agree that there is a tinnitus/depression link, in part, because I am guessing you also have hearing loss, since hearing loss and tinnitus go together like Bonnie and Clyde. I also think that EVERYTHING is hard to prove with the VA, not just the tinnitus/hearing loss and depression links. The VA has published a manual, in 2002, that links hearing loss, tinnitus, depression, and occupational problems. They have removed this hearing loss manual from the public eye, because they did not want the judges to be confused with the facts. In order to "win" a claim for benefits secondary to tinnitus, you need a "nexus". A Nexus is an economy car joint venture between Nissan and Lexus.. so your claim will be decided on the basis of the car you drive..(lol). Seriously, A nexus is something linking your tinnitus to your other conditions such as a docs statement, "Veterans depression is at least as likely as not related to his tinnitus/hearing loss".

Noscopes IMHO your chances of getting TDIU are directly related to these three factors, in this order: 1. Your Regional Office location. RO's in some areas of the country are far more stingy in awarding benefits than others. Other than moving, there is nothing you can do about this. It is not fair, but it is the reality, according to reports by the Inspector General. Unfortunately, it is extremely difficult to overcome a "bad" regional office. If you are unlucky enough to have the Detroit, NY, Cleveland or ST. Petersburg RO, your chances go way down. 2. Your persistence. The longer you "hang in there" and are willing to send and resend information, the more likely you are to be approved for TDIU. Quitting at any point means you loose. 3. Your medical evidence, especially your C &P docs opinion. Claims are supposedly won/lost on medical evidence, however, many a Veteran has lost his claim because of items #1 and #2 above. If you dont think so, talk to one of the 10,000 Veterans in Detroit, for example, who's evidence was not even opened by the Regional Office, according to the VAOIG. Some doctors, especially those "doctors" hired by QTC, are very, very stingy and offer evidence which gets you a denial. Be ready for a 3 to 5 year or longer wait for benefits and many appeals. My opinion: Your odds are 60/40, but can be adjusted upward/downward according to the above factors. Your odds are better than 50/50 because you have already been Service connected, and you wont have to jump through those hoops again.

I do have a suggestion. I am sure you think this is crazy, but, here goes anyway. Wheatgrass. Yes, grass. (no..not marijiuana..) I grow it. There is at least one book on it, and my wife got it for me for Christmas, along with wheat berries (seeds), a growing tray, potting soil and azomite (recommended highly). The book tells how to grow it, etc. You can "juice" it, put it in salads, or, I eat it raw. Here is the scoop. It is very healing, and helps with many things. When grown with the Azomite (minerals) it is one of the most complete nutritionally known to man. Not only does it have digestive enzymes, vitamins, and minerals, but these are from living grass, so they are much better than pills..and balanced. Try here: http://en.wikipedia.org/wiki/Wheatgrass and my kit came from here. Its not that expensive, I dont even hardly ever use my juicer, I consume the grass raw. Have you ever seen a sick cow? http://www.wheatgrasskits.com/

Any Veteran or civilian claiming to be a Veteran that "fakes" being a POW should be prosecuted. However, Veterans were "not guilty" in making up the numbers that resulted in this discrepancy...action needs to be taken on who is doing the counting..not on the Veteran waiting to be counted. It sounds like an "inside job" to me. VA employees send in "fake" paperwork on "fake POWS", collect the money, and divide it. Clearly, if the VA matched up the POW's to how many have been approved for it, their lie would be exposed, and they dont want that, so they make sure they dont count them. It is still another example of the wolf guarding the hen house and then saying, "All the chickens are here". The end result is always the same. Legitimate Veterans get shafted, Vets have a high suicide and homeless rate, and VA management gets bonuses and promotions and illegal kickbacks for a "job well done".

If I have learned ANYTHING about the VA the past 7 years is that it is "management by putting out fires"...its the VA way. Rather than figure things out ahead of time through carefull research and planning, they wait until things reach a crisis proportion and then shake their heads wondering what went wrong. If we maintained cars the way that the VA is managed..there would be no oil changes, they would post fire extinguishers so whenever a vehicle ran out of oil and caught on fire, it could be put out so that management would not get into trouble for people getting burned in cars. That being said, there is NO SUCH THING as an "isolated incident". Whenever the VA says that, rest assured that means that it is a massive problem which they are trying to cover up again. Remember the shredder incident? It happened at one RO first..the Va says that they are dealing with it, that it is an isolated incident. Only after the VAOIG found 39 MORE regional offices also shredding Veterans claims, did they bother to do anything about it. By then, of course, it was too little too late. Shredding of documents was an "isolated incident" back in 1989. Since there was no backlash for those VARO's, the other RO's soon learned that was an easy way to get out of work..just shred the Veterans application for benefits and forget it. That claim is done, and then they can report it as "processed" quickly..making it look like they are working hard and reducing the backlog. Then, its BONUS time for VA management. Other RO's soon get on the bandwagon...40 of 57 to be more precise. Now, the VA wants to tell you that the colonoscopy issue is an "isolated incident". This is stage one of a massive problem..only this one is more of a national disaster. GET TESTED NOW OR YOU WILL BE PUT ON A 25 million Veteran "Waiting List" for Testing, and you will probably be tested at Autopsy. If you think the claims backlog is big, wait until you see THIS backlog.

Purple.. I am equally upset that the VA treats all Veterans like we are guilty of fraud until such time we can prove we are innocent. Like you, I am not guilty and do not like to be accused of this. Why is it that ANY American can file a tax return, and get a refund in two weeks, without proving anything, but we Veterans have to prove everything...doctors C &P's, medical exams, service medical records, etc, buddy statements..etc, etc. If the IRS checked our tax returns this thoroughly before payment, it would take years to get our refunds also. I can see it now.."We are processing your tax refund from 1998, but found that your taxes prepared in 1973 may have been prepared by a tax preparer not licensed to prepare taxes. Please send us proof again that the person who prepared your tax return in 1973 was licensed by sending us in copies of your preparers birth certifificates, drivers licenses, and buddy statements who have actually witnessed this preparer's birth..or your tax refund will be denied again." It is no wonder we Veterans cant get sleep apnea service connected..it is not that OSA is not SC'd..it is just that we are guilty until proven innocent. Bob.. I am guessing you are saying that, if we can get an IMO stating that our "OSA is most likely due to military service," then we can get sleep apnea sc'd.

I had something a bit similar. My 2008 RO decision had a cover page of St. Petersburg Florida. Ok, except I use the Cleveland Regional office, and my paperwork was never "farmed out" to St. Petersburg, AND my decision was postmarked from Cleveland, but still had a St. Pete cover letter. Go figure..These people at the VA arent even sure which state they are in..Ohio or Florida.

IMHO you are going to have a very tough time getting your OSA approved, even tho I certainly concur that it is highly likely to be secondary to some of those other conditions you mentioned. I asked my sleep doc why I have OSA. He explained that it was because of my obesity..excess tissue in my throat relaxes during sleep, and blocks my airway, causing me to stop breathing during sleep. OSA is a VERY SERIOUS CONDITION..it is not about snoring keeping your dog awake at night. When you stop breathing at night, multiple times, over a period of time, your heart compensates to this lack of oxygent at night, and the right side of the heart enlarges to compensate for lack of oxygen. A heart that gets bigger on the right side, but the left side stays the same does not work as well, and leads to heart arrythmias..(irregular beating). Heart arrythmias lead to Congential heart failure, which leads to death. Altho this does take a long time, untreated OSA slowly chokes you to death. My untreated OSA occurs 67 times per hour, according to my sleep study. That is like someone choking me once every minute while I sleep! (I did not know I even had OSA two years ago, even tho my right side of my heart is larger than the left...I did not know THAT either!) Here is the problem: Medications often cause weight gain, and weight gain often equals OSA. My doc even said that my OSA would, at a minimum, improve with weight loss. Oh, and YES, I a literally fighting for my life trying to loose weight, but food is at least as addictive as cigarattes. You have to try to get a doctor to say something like, "OSA is caused by obesity, which was most likely caused by medications from _______ service connected condition." It would be easier to convince an angry grizzly bear mom that your 3 year old daughter just wants to pet her baby when hunters shot and killed her last baby, even tho it may be true. Remember, just because something is a fact does not mean that you can convince the VA that it is factual. The VA operates on a Principal that All Veterans are liars and con men until they can prove otherwise. That is, GUILTY until proven Innocent. There is no such thing as innocent until proven guilty with the VA. Each and EVERY Veteran is GUILTY of Veterans fraud until/unless he is able to prove otherwise with DD214's, favorable C&P exams, military service records, continuity of conditions, patience in dealing with the VA, willing to resend repeatedly information already sent to the VARO, and numerous other hoops that the Veteran must jump through to prove he is "not guilty" and can be awarded benefits.

I agree with Medac..and Berta. Filing for reconsideration without new evidence is like saying, "I want another judge (rater) who is 'easy'" Also, yes, filing for TDIU while you are requesting reconsideration will slow down your claim but presevere the effective date if/when you win TDIU. IMHO, the reality is that EVERYTHING slows down your claim.. adding more issues, appeals, more evidence, having your c file copied, getting an attorney, the war in Iraq, a new president, Hurricane Katrina, the bad economy, your dog giving birth to puppies. You need to face the reality that Veterans claims times are measured in Years, not in days. My claim was 7 years and now I have to appeal that to try to get benefits from 7 years ago. (They only went back 2 years). I figured it up and I got $3.71 per hour to fight for my benefits...you know..multiple C and P exams, 21-4138's , requests for reconsideration, appeals, NOD's, decision letters, VCAA forms, VSO interviews, IRIS inquiries, etc, etc. It appears to me that VA benefits are not benefits, it is a very low paying, frustrating full time job that takes years and years to ever get paid, and most Vets give up and dont get paid.

Hmmm..if the VA has such good electronic records, why are C &P still on paper, and being shredded?

I am here to "stick up" for Veterans..both those who work for the VA, and those who do something else. In that light, I am sticking up both for Meddac and other Veterans. It is my opinion, after years of fighting for benefits, that there is a checks and balances system, in place, that successfully "weeds out" any potential Veteran who may try to lie to get VA benefits. For example, Veterans do not receive disability benefits based on their own statement that they are disabled and deserve benefits. Such a Veterans statement does not "trigger" a benefit check, but rather triggers an extremely long and complex process which some Veterans are unable to endure and give up and fall through the cracks, and become homeless or committ suicide. For the most part, it would appear that the C&P doctors opinion is the deciding factor on whether or not the Veteran is awarded benefits, not any statement made by the Veteran. And, of course, doctors vary widely on their opinion. IMHO if that Veteran was awarded benefits based on medical evidence, then those benefits should not be taken away UNLESS AT LEAST TWO OTHER Doctors testify that Doc #1 medical opinion was offered fraudulently and not just a result of differences in judgement between doctors. That is, if the rating specialist does not think the Veteran is sick/disabled, how/where did he get his medical degree to make such a diagnosis? Veterans are awarded benefits ONLY with qualified medical opinions, and it should take a lot to overturn a physician diagnosis. Of course, if there is compelling evidence that the Veteran somehow altered the medical records to obtain benefits, then he should be prosecuted. There is already a system in place to catch this. The present system of checks and balances is far more likely to let a deserving Veteran fall through the cracks, become homeless and never obtain benefits, than it ever is at allowing a Veteran to lie his way through the system and get benefits fraudulently. Electronic applications will make it even more difficult for a Veteran to lie through the system to get benefits, and also speed up applications for millions of deserving Veterans.

I agree with some of the others. This $250 stimulus payment is discriminatory against Veterans. If you are still working..you get $400, if you are a disabled Veteran, you get $250. Further, you cant get both. It is unclear to me why, somehow, disabled Veterans deserve $150 LESS than working people.

It would appear that this "change" changes nothing. The way I read it is the only time the rule is applicable, is when the Veteran was diagnosed with PTSD in Service. For Vietnam and earlier Veterans, basically there was no such thing as PTSD diagnosis in service. If a Veteran had issues after a war or other traumatic event, it was attributed to alcohol, drugs, or the Veterans own willfull misconduct, or maybe "shell shock" and not PTSD diagnosis. I can just see the VA arguing that a diagnosis of "shell shock" is not the same as a PTSD diagnosis under this rule, in order to further frustrate Veterans. It merely creates still another "loophole" for the VA to deny benfits. For "newer" Veterans, it also changes nothing because, if the Veteran was diagnosed with PTSD in service, then the verification of the stressor became moot. I really wish this rule change would help Veterans, but it would not appear to change anything but maybe give the VA a hypothetical "attaboy" in the eyes of the public and Veterans groups. I have been decieved by the VA in the past, who was not supposed to shred my evidence, but did so anyway. It takes a lot to betray my trust, but now that the VA has succeeded in doing so, it will also take a lot of honesty for them to regain my trust.

VAF.. I am certainly "with ya" and understand your frustration BECAUSE I HAVE BEEN THERE!! That being said, it is probably unrealistic to expect an answer on an appeal filed Nov. 08. Appeals take a year or so..and I dont blame you a bit for watching them like a hawk, or they will again put your claim in la la land for another 8 years. It is shamefull to treat Vets that way. That being said, my recommendation for about the next six months or so would be patience. However, I would definately not wait another 8 years, but a year to 18 months is normal for an appeal, so I would be patient until then. In economics we call the concept "the law of diminishing returns". My econ prof explained this concept this way. He said if you have a BiG Mac, you would probably enjoy it x amount. Your second Big Mac would likely be a little bit less enjoyable. If you consumed, say, 14 Big Macs at one time, it is likely the enjoyment of the 15th one would be MUCH less..and probably even negative. I think the law of diminishing returns could well occur with Writs as well. I understand some of those criminals file one lawsuit against the prison about every month. Needless to say, the Judge probably doesnt really consider the 3rd, or 4th, or 44th lawsuit. I hope this helps a VEt.

I filed a writ in 2007. Writs are pretty much regularly denied..I could not find a single writ that had been granted in my research. I do not recommend a second writ, and I will explain my reasoning. But, first, I need to ask? Did the judge in your writ order them to respond? They did in my writ, and I found the Secretary's response to the writ most helpfull in ultimately winning my claim. You see, the RO can pretty much feed you with any amount of bull..they can tell you in IRIS that your claim is at the rater, when it isnt, etc. However, they are accountable in their testimony to the judge, because that testimony becomes a permanent part of the record, and, if you find out that testimony is false, then that RO manager is in a fair amount of hot water. Pay very close attention to the Secretary's response. A Writ was not as effective in winning my claim as was a complaint to the VAOIG at the hotline. I complained the RO shredded evidence, and those shredded documents were the compelling reason for my lowered ratings. The VAOIG responded to my complaint, in a "form letter" in about 2 months. They told me to contact the RO and tell them "my documents were shredded". When I did so, neither IRIS nor the phone center knew anything about the VAOIG complaint, nor what to do about it. I was very, very frustrated, and planning my next action when, boom..I got a DRO Review decision which was favorable. I think my complaint went to the RO manager...and (s)he did not want the VAOIG breathing down her neck, so, action was taken. IN short, my advice is: Skip Writ #2 and complain to the VAOIG instead: I recommend your VAOIG complaint be limited to one or two pages, and concisely and carefully written..not a "rant", with precise documented examples "Hit them with your best shot"

Carlie You ARE good!. Yes, it was a VA doc, at the VA hospital, not a private doc or IMO. This doc stated, in a C&P exam, that my depression was most likely due to military service, however, the C and P exam was about 3 years later. Service connection is not an issue as it has been established, however, the effective date is an issue. My contention is that the 2002 docs exam was an informal claim for increase especially since he even stated back then that my depression was service connected. The VA has (finally!) granted SC for depression, the only issue is the effective date. If I read the reg right, that you posted, the DRO would have the burden of proving CUE to award me a lower benefit, correct? Also, my most recent decision WAS a DRO review, so, I am assuming that an appeal of a DRO review would be made at the BVA level. Finally, yes, I know the RO is supposed to send me a formal claim when I have submitted an informal claim within a year, since they did not do that, it is (at least in part) the basis of my appeal for an earlier effective date. Rentalguy. Thanks for your input, and I do apologize for "hijacking" your other post. I know you are very knowledgeable and appreciate your comments. I know I am negative..there are some very good reasons why the VA docs have rated me as depressed.

I am considering appealing a recent rating decision and would like advice. The rating is what I expected, but I think I deserve an earlier effective date. My question is, Could this appeal "open a can of worms" and result in a rating reduction? Has anyone had their rating reduced upon appeal, that is, has anyone wished they had not appealed and wound up loosing benefits instead of gaining them at the BVA level? (My most recent decision was a favorable DRO review) I dont want to "take chances" of a reduction, but really think I deserve an effective date 5 years earlier, based on an "informal" claim. My "informal claim" was for depression..at the docs office. At that time I had no idea that there was such a thing as a claim for depression, however, I did tell my doc that I was depressed, and he prescribed meds for it, and told him it was related to a service connected condition. He documented this. However, I did NOT follow this up with a formal claim for depression, until more than a year later. Also, I filed a claim for increase in 2004, which may have been shredded. I filed for "special claims handling" and, based on the most recent decision, altho they did not come right out and admit I was one of the victims of shredded documents, my decision would suggest that would be the case.

Pete... Exactly. If the VA is required to pay the Veteran INTEREST on his benefits due, watch the VA "hurry up" those claims to save money, which is always the bottom line. We Veterans are charged interest on VA loans, medial co payments, and federal, state, and local taxes, along with strict penalties if we dont pay these things on time. However, the VA can delay our claim 5 or more years, and pay zero interest or penalties, so there is a financial incentive to delay the claim as long as possible, or even until the death of the Veteran when it is often never paid. To hurry up claims, we need for it to hit them in the pocket book. That is why we make our house payments and car payments on time, whenever possible, because we cant afford late fees, penalties and interest.

Snave, and other posters have pointed out still another reason why Veterans are homeless and commit suicide more than the civilian population, when Veteran's had to pass strict physical, medical, and mental tests to even be admitted to the military. They were the "cream of the crop" when they went in..top physical, medical, and emotional condition. Then, as Veterans, they are at the "bottom of the barrel" in homelessness and suicide. This "transition" from top physical condition into homelessness and despair can only be explained by a broken Department of Veterans Affairs, who is in charge of assisting Veterans. Far too many VA employees view Veterans either as a "problem", or, even worse, someone to victimize. Veterans do not deserve substandard medical/administrative care where "dirty" equipment is reused to perform medical tests such as colonoscopies. A Veteran with a mental issue should not have to have perfect medical records, clear and concise explanations of the conditions he is seeking (mailed certified, of course, keeping precise records and copies of everything..all organized in a manner willing to replace any document "lost" by the regional office), and perfect attendance of VARO mandated Compensation Exams. It is simply unrealistic to expect a mentally/physically disabled Veteran to FLAWLESSLY jump through the multiple hoops in able to be awarded just compensation, and even then, be able to survive a 5year or longer wait for the VA to "process" his application, while often being destitute. Since so few Veterans can ever negotiate the incredible "maze to benefits" the result is high Veteran suicide and homelessness. It is a disgrace.

Yes, I will rate Cleveland a "55" out of the top ten. That is 55 Veterans claims the Cleveland Regional Office Shredded, according to the VAOIG. Or, they could also be rated a 57, as out of 57 Regional Offices, the Attorney General says they are the lowest compensating to all Veterans. We will give Cleveland the "benefit of the doubt" and rate them as a 55, because New York Regional Office is corrupt, according to Hillary Clinton, and Detroit has 16,000 "lost" Veterans claims files, so Detroit clearly deserves number 56. Cleveland, however, only deserves a 55 ranking because there are only TWO Regional Offices that can actually boast they are worse than Cleveland...Corrupt New York, and 16,000 Detroit lost documents. Pete...Thanks..in spite of the VA's campaigns to get Americans to "look the other way" because President Obama says that Veterans are multiple times more likely to be homeless than Non Veterans, and, because Veterans are much more likely also to commit suicide. Remember..these Veterans, when they joined, were physically fit, and also had to pass mental tests as well. American Civilians have to pass no such tests to become civilians. This "cream of the crop" of Americas best was turned into a very high suicide, high homeless group, courtesy of the Department of Veterans Affairs. As long as there is ONE homeless Veteran, or ONE Veteran suicide in that state, NO Regional Office deserves to be in the "TOP TEN" because they left a Veteran behind. JMHO

We Veterans have been taught by the VA to "lower our standards" because we Veterans just dont deserve the level of service available in private industry. For example, if it took Workmans comp, state unemployment, or private insurance 11 months just to process our claim, we would be pulling our hair out while most of us would be getting our home foreclosed upon. With the VA, however, 11 month processing time seems to rank worthy of inclusion into the top ten in the nation. (I find it interesting that VA quotes a six month average backlog, while at least one of us is led to believe that 11 months is "excellent". It makes me wonder where they got that six month number? ) This "lowering of standards" for Veterans is unacceptable..Veterans should be in a place of honor for service to our country, and not be forced to believe that we somehow "deserve" to be treated worse than private citizens. JMHO

I agree with VAF. If your hubbie gets SSD, and your SSD states that you are disabled for conditions that VA says are service connected, Berta cited a court case that they cant deny you TDIU. I recommend you do a very thorough job of your NOD. List each condition you are disputing, and then cite evidence as to why you are disputing it. Look at the C&P exam..and it the C&P "doc" is really a Physician Assistant or Nurse Practioner, (this happens a lot..the VA hires QTC "docs" to do C&P exams..who are not doctors at all..they are just well paid nurses or docs helpers who get paid big bucks to write things in your chart to deny your claim. Remember, QTC is a company owned by Dr. James Peake, formerly the VA Secretary..so there is a conflict of interest.) Bottom line. File a NOD, and then file it again after they shred it. Then keep filing it until the VA will finally admit to receiving it with IRIS. Then keep a copy of the IRIS email, because VA will claim they didnt get your NOD.