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Jim 501st

Second Class Petty Officers
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About Jim 501st

  • Rank
    E-4 Petty Officer 3rd Class
  • Birthday 01/15/1943

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    Jim501st
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    jim_kay@suddemliml.net

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    wv

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Army

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  1. Preferences § 1 2 3 4 5 6 7 8 9 0 - = Backspace Tab q w e r t y u i o p [ ] Return capslock a s d f g h j k l ; ' \ shift ` z x c v b n m , . / shift English Deutsch Español Français Italiano Português Русский alt alt Preferences My wife and I took my friend's Wife (who is also a friend) to the WV veterans assistance program which has rep's from A. L. vfw ect. They filled out the necessary paper work for her DIC, also the paper work for funeral expenses and head marker. I hope it goes smoothly but the VA is the VA. My wife and I was with her when he passed. The staff allowed us to stay with him as long as we wanted. We stayed about 3 hours. As hard as it was to see him go, it was nice to see him at peace. finally at peace. He had suffered really bad the last two months. While we were visiting with him after he passed, I went out to the nursing station and explained to the head nurse how important it was that Leukemia be mentioned on his death certificate as he was rated 100% for that disease. I also told her that we all know it was final stage leukemia that killed him regardless of the final cause of death and his wife would not qualify for any benefits if it wasn't in black and white on his death certificate. She teared up and said she would put a noted to that effect on his chart so the Dr. would see it the next morning when he filled it out. I seen his death certificate today and it had cause of death. (sepsis and pneumonia and down below it said caused by complications of leukemia. I hope this will satisfy the VA. I want to thank all for your input and pray the DIC goes through. Jim 501st Preferences § 1 2 3 4 5 6 7 8 9 0 - = Backspace Tab q w e r t y u i o p [ ] Return capslock a s d f g h j k l ; ' \ shift ` z x c v b n m , . / shift English Deutsch Español Français Italiano Português Русский alt alt Preferences
  2. Preferences § 1 2 3 4 5 6 7 8 9 0 - = Backspace Tab q w e r t y u i o p [ ] Return capslock a s d f g h j k l ; ' \ shift ` z x c v b n m , . / shift English Deutsch Español Français Italiano Português Русский alt alt Preferences A friend of mine recently died from service connected leukemia. He had only been service connected two months and a twenty year retired seabee. His wife of 45 years is eligible for DIC. Any advice on who can assist her in the process of filing a claim would be beneficial. We plan to go the American Legion tomorrow. I know she needs to take her marriage certificate, DD214 form and death certificate. (Death certificate states cause of death is leukemia) Does anyone with any experience dealing with DIC know what else we should take in order to file a claim.. Jim 501st
  3. I had the same thing happen to me. I was service connected for menier's by the BVA and tdiu remand. The evidence the ro had showed me to be 100% for menier's. I recieved a handsome check from the VA with in a couple of months back dated to Jan 2007.(The date of my claim.) I was previosly awarded 50% ptsd in 2004 which I appealed. This portion was remand back to ro for tdiu. It took nearly a year, but was eventually sent for a c&p for tdiu.( I had other issues on the remand for tdiu including 40% hearing loss and 10% each r%l knee). It took several months, but finally was awarded 100% for tdiu from 2004 to Jan. 2007, at which point it became mute since I was 100% secular from that point. In my case, not only did I recieve another handsome check but If I survive until Jan. 2014 my wife will qualify for DIC. I hope this helps and good look. Jim
  4. They must think I am stupid. I have deleted 480 to this point. I'LL BET ITS A COMPENTENCY TEST
  5. Did the C&P also address TOTAL SOCIAL IMPAIRMENT ? That would also need to be factored into the adjudication. JMHO The exact wording on the C&P are as follows as I said earlier the dr gave me a gaf of 40 and I might add the c & p doctor was board certified by American Board of Psychiatric and Neurology. The gaf is reflective of severity of Axis 1 diagnosis which is severe. The veterans condition does affect him severely in a negative manner. As far as ability to secure or maintain gainful employment prior to 1/22/2007. The Veteran is competent for VA benefit purposes. The veteran is to continue treatment with VA Mental Health Clinic. If you are seeking an EED on SMC, your posting indicates the doc knew about your SMC earlier. If I understand this correctly, SMC is supposed to be inferred automatically, when the medical evidence supports it. As you probably know, the effective date is the later of the date applied or the facts found (which usually means the doc said you are disabled). This is a quote from the C & P doctor's statement under Summary of Effects on Occupational and Daily Activities: Are there effects of the problem on usual daily activities: Yes Describe others: This veteran has a gait problem and this would prevent him from performing many activities of daily living without assistance. Remember I said earlier this same c & p doctor denied service connection which the BVA judge at a later date service connected. It was then sent back to the RO and I was awarded 100% from the c & p mentioned above with no mention of SMC.
  6. am a bit confused so please bear with me ... I understand that you are being compensated at the SMC L 1/2 level, correct? If so, why is Individual Unemployabilty an issue? If you are at 100% for another condition Meniere's Disease?), the issue of IU is moot (unless there is something of a historical nature that I'm unaware of). On what basis are you applying for an additional 100%? You seem to have a good handle on SMC so you probably already know this: an additional, independent 100% grants a step increase in SMC, or perhaps in your case to SMC S 1/2 (if you aren't pursuing an increase for PTSD) from 38 CFR 3.350(f)(4) http://www.benefits....ART3/S3_350.DOC As I said before my case is a bit confusing: The BVA Judge service connected Meniere's and sent it back to the RO to rate. Due to the c&p exam, they assigned me 100% back dated to the date I filed, which was the middle of 2007. She also remand several issues Including left knee which was granted, Also IU. The ask a specific question. ( Was this Veteran unable to work prior to 2007) I had three c&p's on the same day. One for hearing which the c&P DR. said my hearing alone made me iu,. This is insignificant as it only took me back to the same date I was granted P&T. I'll skip to the PTSD The Shrink who did this C&P stated I was iu due solely on ptsd and gave me a gaf of 40. He also made reference to another C&P I had in 2005 for ptsd where that Dr said I was unable to work due solely to ptsd. ( the RO low balled me and gave me 50% at that time). This claim was filed in 2004 which if granted the VA would have to pay me the difference of 50% to 100% from 2004 to 2007 when they gave me 100% for meniere's, but more important to me it would reset the 10 year clock back to 2004 for DIC purposes. Just for the record the third Md also said I was IU prior to 2007 for all the medical conditions conbinded.
  7. I read the post on EED, and thought I would ask a question on the subject. I am currently rated 100% Meniere's 50% ptsd 10% each knee with bilateral I am attaching a portion of a letter I sent to my lawyer yesterday and would like to know if you Guys think it has legs. We are anxiously awaiting our case to get back to the BVA for a decision on additional 100% or IU in reference to the three c & p s I had performed at the -------VAMC for hearing, general physical and PTSD. I know my C file can be only be at one place at a time and it is being held at the ---------RO awaiting DRO review on SAH claim. Do you have any idea when this DRO review may transpire? Our intentions are to spend the winter in Florida from January to April. When my case goes back to the BVA, I would like you to consider the facts below and see if you think they have any merits. This is concerning SMC's L 1/2 that your firm helped me get. They backpayed me to the date that we filed for SMC; however, if we go back to the C & P for Menieres Disease performed on January 7, 2008, the C & P doctor named ------------- admitted that my C & P report under Physical Exam portion that there are signs of a staggering gait or imbalance? Answer Yes. Other Findings: Veteran has difficulty getting out of chair. He has a noticeable gait disturbance and leans toward the left. His wife was with him today. Summary of All Effects on Occupational and Daily Activities: Diagnosis: Menieres Disease Effects of the problem on Occupational Activities: Dizziness, general occupational effect: not employed, receiving SS disability for back condition. Are there effects of the problem on usual daily activities: yes Describe others: This veteran has a gait problem that would prevent him from performing many activities of daily living without assistance. At the end of her C & P report, the doctor denied service connection for all the above. The BVA judge at our hearing service connected the Menieres Disease and I was Page Two -------------- backpayed 100% to the date that I filed for Menieres Disease. We then filed for SMC and was assigned L 1/2 and backdated to the date that I filed. After reviewing Dr. ------------------C & P report, she clearly states in her physical exam portion that I needed assistance for daily living at that time. I understand you normally receive SMC's from the date you file for them; however, in this case, I wonder if a presumption of inferred claim should not be in effect and backdated to at least the date of this C & P, January 7, 2008, or the date in 2007 that the Regional Office awarded me 100% for Menieres Disease, probably based on these C & P results. I would appreciate the BVA Judge being made aware of all the facts mentioned above if you think they have merit. ----------------- DOB: 1/15/43 File No. ---------------------- My point is I could not file for smc's until the BVA Judge service connected it and the RO approved my claim at 100%. If the c&p Dr had service connected at the time I would have filed for smc's. I did apply for and was awarded aide and attendance as soon as I got the 100% award. Jim 501st
  8. Berta No the VA RO did not mention anything about SMC M Will the varo who sent me for the three c&p's make a decision on the IU or will they send all there results back to the BVA and let them make the decision. Also I am still wondering about the SMC L1/2 starting date.The RO used thr date I filed for smc, but clearly the lady who did the C&P stated I need Aid at the time of her exam..She denied service connection which the BVA reverset.It seems to me at the very least the starting date should have been date the same time I recieved my 100% as that was the evidence they used to grant the claim. It seems to me they drop the ball and commited a cue. What say you. Jim
  9. 1. The Docket no. is 08-00 380 2. no statement of AA was mentioned when award granted. 3.Proably not, I was awarded L1/2 on 3/15/2010 4. notice on the remand I droped the request for 50% to 70% ptsd. (due to bad advice from Lawyer.) 5. they rated me 100% secular for meniere's only. I would like to point out here that the C&P person (refered to by the Judge as a Practical Nurse) stated in her exam that this Veteran would require the aide of another person due to the seriousness of my meniere's., but she denied service connection which the Judge changed to service connected. 6. No the VA made no mention of SMC m 7. I do get ssdi due to a back injury. (non service connected)This was in 1985. My Shrink's have advised me since I was a work-a-holic prior to my injury is how I kept my ptsd under control. When I became idol is when my world colasped and all the memories came back with a vengance. I hope I have answered all your questions. any insight would be greatly appreciated. Jim
  10. 1) I was denied an increase from 50% to 70% in 2004 for PTSD. (I filed an IU the same time I filed for the 70% increase. Both these claims were denied so I appealed this to the BVA.) 2) I was denied a right knee injury in 2005. 3) I was awarded 30% hearing loss in 2007 but was denied Meniere's Disease 1/22/07. 4) I applied for left knee disability as a residual to the right knee. These all went before the BVA judge at the end of 2009. In her decision, she service connected the right knee which the RO assigned 10% disability. She also service connected the Meniere's Disease which the RO had no choice but to award 100% permanent and total because of the evidence in their possession. She remanded the left knee residual which was service connected and awarded 10%. She also remanded the IU. (I applied for Aide and Attendance and was awarded at the L 1/2 SMC.) This is where it is becoming very interesting. March 4, 2011 I had three C & P's for IU. The question to all three examiner's was "Is this veteran unemployable prior to 1/22/07." 1) One C & P was for hearing loss and under "Please describe how the veterans disabilities impact his ability to secure or maintain gainful employment." Based on the veteran's hearing loss, his ability to communicate effectively is severely impaired. Impaired communication can result in a difficulty working environment compromising productivity. People with hearing loss have difficulty getting and keeping a job. Those that have employment need communication accommodations to function most effectively. However, due to uncertainty or fear, employers are ofter unwilling to hire hard of hearing. This is illegal under various laws, but still extremely common. In the MarkeTrak VIII study of more than 40,000 households in the US on earnings and unemployment rates, hearing loss revealed a deleterious impact. (The Hearing Journal Oct. 2010 Volume 63, Issue 10). (I failed to mention that earlier in her report she had my hearing as severe to profound in both ears.) 2) Psychiatric report for PTSD. DIAGNOSTIC IMPRESSION: Axis I: Post-traumatic stress disorder, major depressive disorder. Axis II. No diagnosis. Axis III. Meniere's syndrome, traumatic arthritis of knees, degenerative joint disease of bilateral knees and lower back with history of back surgery. Axis IV. Multiple surgical health problems. Axis V. Global Assessment of Functioning equivalent to 40. OPINION: The Veteran continues to suffer from symptoms of depression. The Veteran suffers from chronic pain. Has difficulty ambulating. Has hopeless, helpless, worthless feelings. The veteran has symptoms of PTSD related to intrusive thoughts, flashbacks, nightmares of the past. He has avoidance behavior to watching anything relating to war as well as crowds. He gets anxious and nervous. He gets hypervigilant with loud sounds. The Veteran, in addition, has multiple physical health issues; two major problems being Meniere's syndrome with constant dizziness and feelings of nauseous and difficulty with ambulation secondary to the same, and has to walk with the help of a cane as well as having problems with ambulation and balance secondary to arthritis of his knees. The Veteran had a 1961 right knee injury. He has had arthritis. He has had back injury and has had back problems. In addition,, he has heart problems, thyroid problems, cholesterol problems, GERD, etc. The Veteran's evaluation by Dr. -----on 7/29/04 indicated that he was unable to work since 1985 due to back injury and Veterans evaluation of 7/12/2005 of Dr. ------- ( C & P exam) indicated PTSD and associated with moderately severe to severe major depression with the statement that physical and emotional condition had affected him socially, industrially, as well as occupationally, matter being further compounded by his numerous physical problems including poor hearing and back pain. As far as opinion of impact of service connected disabilities a whole on his ability to secure or maintain gainful employment prior to 1/22/2007. The Veteran has suffered from multiple physical and psychiatric health issues prior to 1/22/2007 and the service connection was in effect for PTSD and right knee disorder at that time with PTSD evaluated at 50% and right knee as 10% disabling. The Veteran has suffered from PTSD along with right knee condition as well as other multiple physical health problems for the last several years, and Veteran has not been able to work since 1985 with educations being 8 years of grade school with GED later in service and experiencing work as a supervisor for a construction company and unable to work full time since 1985. The Veteran has multiple physical health problems including service connected conditions as mentioned above which affect him severely with any kind of gainful employment or maintaining any gainful employment or substantial gainful employment prior to 1/22/2007. The Veteran did start with his back injury, unable to work, but over time the Veteran has had symptoms of post-traumatic stress disorder, right knee injury, chronic pain, balance problems, Meniere's disease, and multiple health issues which affect him on a day-to-day basis with physical and emotional issues affecting him in a negative way with social, occupational functioning including mood. The GAF is reflective of severity of Axis I diagnosis which is severe. The Veteran's condition does affect him severely in a negative manner. As far as ability to secure or maintain gainful employment prior to 1/22/2007. 3) C & P by medical doctor is too lengthy but in-a-nutshell he also said my service-connected knee injuries made me unemployable including sedentary prior to 1/22/2007. Since all these issues were remanded to the RO, I have been awarded 100% secular for Meniere's but these reports must now go back to the BVA for a decision on IU. I don't know what the results will be, however, if she awards IU it would be back pay at 100% rate for two years prior to the original date of 100%. Any comments? Jim 501st I have another question. I applied for aa after I was awarded 100% for meniere's, It was awarded but only back to the date I applied, Which seemed right at the time. Since the Brady decision I wonder if I should request an earlier effective date at least too the date of my C&P which is the date they used for the award? The reason I ask this questions because the C&P examiner stated in her report (The Veteran has a gait problem and this would prevent him from performing many activities of daily living without assistance.) This case will now be returned to the BVA for a finale decision. should I bring this up soothe Judge consider it ? Thanks Jim 501st
  11. 1) I was denied an increase from 50% to 70% in 2004 for PTSD. (I filed an IU the same time I filed for the 70% increase. Both these claims were denied so I appealed this to the BVA.) 2) I was denied a right knee injury in 2005. 3) I was awarded 30% hearing loss in 2007 but was denied Meniere's Disease 1/22/07. 4) I applied for left knee disability as a residual to the right knee. These all went before the BVA judge at the end of 2009. In her decision, she service connected the right knee which the RO assigned 10% disability. She also service connected the Meniere's Disease which the RO had no choice but to award 100% permanent and total because of the evidence in their possession. She remanded the left knee residual which was service connected and awarded 10%. She also remanded the IU. (I applied for Aide and Attendance and was awarded at the L 1/2 SMC.) This is where it is becoming very interesting. March 4, 2011 I had three C & P's for IU. The question to all three examiner's was "Is this veteran unemployable prior to 1/22/07." 1) One C & P was for hearing loss and under "Please describe how the veterans disabilities impact his ability to secure or maintain gainful employment." Based on the veteran's hearing loss, his ability to communicate effectively is severely impaired. Impaired communication can result in a difficulty working environment compromising productivity. People with hearing loss have difficulty getting and keeping a job. Those that have employment need communication accommodations to function most effectively. However, due to uncertainty or fear, employers are ofter unwilling to hire hard of hearing. This is illegal under various laws, but still extremely common. In the MarkeTrak VIII study of more than 40,000 households in the US on earnings and unemployment rates, hearing loss revealed a deleterious impact. (The Hearing Journal Oct. 2010 Volume 63, Issue 10). (I failed to mention that earlier in her report she had my hearing as severe to profound in both ears.) 2) Psychiatric report for PTSD. DIAGNOSTIC IMPRESSION: Axis I: Post-traumatic stress disorder, major depressive disorder. Axis II. No diagnosis. Axis III. Meniere's syndrome, traumatic arthritis of knees, degenerative joint disease of bilateral knees and lower back with history of back surgery. Axis IV. Multiple surgical health problems. Axis V. Global Assessment of Functioning equivalent to 40. OPINION: The Veteran continues to suffer from symptoms of depression. The Veteran suffers from chronic pain. Has difficulty ambulating. Has hopeless, helpless, worthless feelings. The veteran has symptoms of PTSD related to intrusive thoughts, flashbacks, nightmares of the past. He has avoidance behavior to watching anything relating to war as well as crowds. He gets anxious and nervous. He gets hypervigilant with loud sounds. The Veteran, in addition, has multiple physical health issues; two major problems being Meniere's syndrome with constant dizziness and feelings of nauseous and difficulty with ambulation secondary to the same, and has to walk with the help of a cane as well as having problems with ambulation and balance secondary to arthritis of his knees. The Veteran had a 1961 right knee injury. He has had arthritis. He has had back injury and has had back problems. In addition,, he has heart problems, thyroid problems, cholesterol problems, GERD, etc. The Veteran's evaluation by Dr. -----on 7/29/04 indicated that he was unable to work since 1985 due to back injury and Veterans evaluation of 7/12/2005 of Dr. ------- ( C & P exam) indicated PTSD and associated with moderately severe to severe major depression with the statement that physical and emotional condition had affected him socially, industrially, as well as occupationally, matter being further compounded by his numerous physical problems including poor hearing and back pain. As far as opinion of impact of service connected disabilities a whole on his ability to secure or maintain gainful employment prior to 1/22/2007. The Veteran has suffered from multiple physical and psychiatric health issues prior to 1/22/2007 and the service connection was in effect for PTSD and right knee disorder at that time with PTSD evaluated at 50% and right knee as 10% disabling. The Veteran has suffered from PTSD along with right knee condition as well as other multiple physical health problems for the last several years, and Veteran has not been able to work since 1985 with educations being 8 years of grade school with GED later in service and experiencing work as a supervisor for a construction company and unable to work full time since 1985. The Veteran has multiple physical health problems including service connected conditions as mentioned above which affect him severely with any kind of gainful employment or maintaining any gainful employment or substantial gainful employment prior to 1/22/2007. The Veteran did start with his back injury, unable to work, but over time the Veteran has had symptoms of post-traumatic stress disorder, right knee injury, chronic pain, balance problems, Meniere's disease, and multiple health issues which affect him on a day-to-day basis with physical and emotional issues affecting him in a negative way with social, occupational functioning including mood. The GAF is reflective of severity of Axis I diagnosis which is severe. The Veteran's condition does affect him severely in a negative manner. As far as ability to secure or maintain gainful employment prior to 1/22/2007. 3) C & P by medical doctor is too lengthy but in-a-nutshell he also said my service-connected knee injuries made me unemployable including sedentary prior to 1/22/2007. Since all these issues were remanded to the RO, I have been awarded 100% secular for Meniere's but these reports must now go back to the BVA for a decision on IU. I don't know what the results will be, however, if she awards IU it would be back pay at 100% rate for two years prior to the original date of 100%. Any comments? Jim 501st I have another question. I applied for aa after I was awarded 100% for meniere's, It was awarded but only back to the date I applied, Which seemed right at the time. Since the Brady decision I wonder if I should request an earlier effective date at least too the date of my C&P which is the date they used for the award? The reason I ask this questions because the C&P examiner stated in her report (The Veteran has a gait problem and this would prevent him from performing many activities of daily living without assistance.) This case will now be returned to the BVA for a finale decision. should I bring this up soothe Judge consider it ? Thanks Jim 501st
  12. This post is very interesting because I meet the criteria of the original question. 1) I was denied an increase from 50% to 70% in 2004 for PTSD. (I filed an IU the same time I filed for the 70% increase. Both these claims were denied so I appealed this to the BVA.) 2) I was denied a right knee injury in 2005. 3) I was awarded 30% hearing loss in 2007 but was denied Meniere's Disease 1/22/07. 4) I applied for left knee disability as a residual to the right knee. These all went before the BVA judge at the end of 2009. In her decision, she service connected the right knee which the RO assigned 10% disability. She also service connected the Meniere's Disease which the RO had no choice but to award 100% permanent and total because of the evidence in their possession. She remanded the left knee residual which was service connected and awarded 10%. She also remanded the IU. (I applied for Aide and Attendance and was awarded at the L 1/2 SMC.) This is where it is becoming very interesting. March 4, 2011 I had three C & P's for IU. The question to all three examiner's was "Is this veteran unemployable prior to 1/22/07." 1) One C & P was for hearing loss and under "Please describe how the veterans disabilities impact his ability to secure or maintain gainful employment." Based on the veteran's hearing loss, his ability to communicate effectively is severely impaired. Impaired communication can result in a difficulty working environment compromising productivity. People with hearing loss have difficulty getting and keeping a job. Those that have employment need communication accommodations to function most effectively. However, due to uncertainty or fear, employers are ofter unwilling to hire hard of hearing. This is illegal under various laws, but still extremely common. In the MarkeTrak VIII study of more than 40,000 households in the US on earnings and unemployment rates, hearing loss revealed a deleterious impact. (The Hearing Journal Oct. 2010 Volume 63, Issue 10). (I failed to mention that earlier in her report she had my hearing as severe to profound in both ears.) 2) Psychiatric report for PTSD. DIAGNOSTIC IMPRESSION: Axis I: Post-traumatic stress disorder, major depressive disorder. Axis II. No diagnosis. Axis III. Meniere's syndrome, traumatic arthritis of knees, degenerative joint disease of bilateral knees and lower back with history of back surgery. Axis IV. Multiple surgical health problems. Axis V. Global Assessment of Functioning equivalent to 40. OPINION: The Veteran continues to suffer from symptoms of depression. The Veteran suffers from chronic pain. Has difficulty ambulating. Has hopeless, helpless, worthless feelings. The veteran has symptoms of PTSD related to intrusive thoughts, flashbacks, nightmares of the past. He has avoidance behavior to watching anything relating to war as well as crowds. He gets anxious and nervous. He gets hypervigilant with loud sounds. The Veteran, in addition, has multiple physical health issues; two major problems being Meniere's syndrome with constant dizziness and feelings of nauseous and difficulty with ambulation secondary to the same, and has to walk with the help of a cane as well as having problems with ambulation and balance secondary to arthritis of his knees. The Veteran had a 1961 right knee injury. He has had arthritis. He has had back injury and has had back problems. In addition,, he has heart problems, thyroid problems, cholesterol problems, GERD, etc. The Veteran's evaluation by Dr. -----on 7/29/04 indicated that he was unable to work since 1985 due to back injury and Veterans evaluation of 7/12/2005 of Dr. ------- ( C & P exam) indicated PTSD and associated with moderately severe to severe major depression with the statement that physical and emotional condition had affected him socially, industrially, as well as occupationally, matter being further compounded by his numerous physical problems including poor hearing and back pain. As far as opinion of impact of service connected disabilities a whole on his ability to secure or maintain gainful employment prior to 1/22/2007. The Veteran has suffered from multiple physical and psychiatric health issues prior to 1/22/2007 and the service connection was in effect for PTSD and right knee disorder at that time with PTSD evaluated at 50% and right knee as 10% disabling. The Veteran has suffered from PTSD along with right knee condition as well as other multiple physical health problems for the last several years, and Veteran has not been able to work since 1985 with educations being 8 years of grade school with GED later in service and experiencing work as a supervisor for a construction company and unable to work full time since 1985. The Veteran has multiple physical health problems including service connected conditions as mentioned above which affect him severely with any kind of gainful employment or maintaining any gainful employment or substantial gainful employment prior to 1/22/2007. The Veteran did start with his back injury, unable to work, but over time the Veteran has had symptoms of post-traumatic stress disorder, right knee injury, chronic pain, balance problems, Meniere's disease, and multiple health issues which affect him on a day-to-day basis with physical and emotional issues affecting him in a negative way with social, occupational functioning including mood. The GAF is reflective of severity of Axis I diagnosis which is severe. The Veteran's condition does affect him severely in a negative manner. As far as ability to secure or maintain gainful employment prior to 1/22/2007. 3) C & P by medical doctor is too lengthy but in-a-nutshell he also said my service-connected knee injuries made me unemployable including sedentary prior to 1/22/2007. Since all these issues were remanded to the RO, I have been awarded 100% secular for Meniere's but these reports must now go back to the BVA for a decision on IU. I don't know what the results will be, however, if she awards IU it would be back pay at 100% rate for two years prior to the original date of 100%. Any comments? Jim 501st
  13. HvyGns38 I went back and read your original post and the ROs reason for denial. It seems to me they are denying service connection and that you have Meniere's at this time. This is completely ludicrous and as I said before for whatever reason the VA does not like to award a claim for Meniere's. From my experience with the VA, you have to take all the loose ends in your claim and organize them so that a third grader can understand them. The way I did this is I took all the information that you have described in your claim along with my service medical records to a private audiologist and she tied it all together for me. I think the most important thing she said in her IMO is this veteran has a diagnosis of Meniere's Disease and I have examined thoroughly his service medical records and concluded that his hearing loss while in service (documented), dizziness while in service (documented) was the early stages of Meniere's Disease and has progressed to full Meniere's to date. THE MOST IMPORTANT THING ON THIS IMO IS I HAVE EXAMINED HIS SERVICE MEDICAL RECORDS. I am not that good with words but you get the jest of what I am saying. Maybe someone else can explain it better. Jim 501st
  14. I am 100% meniere's. I fought the same battle you are fighting. My claim also should have been granted on my original claim. I was sent for a c&p, performed by a Nurse practitioner who decided I had the disease as bad as it gets. Her opinion outweighed all the specialist who had diagnosed my condition and service connection. I had gone to an Audiologist with all my smc's and she wrote an IMO service connecting the meniere's. This piece of evidence was not mentioned in the ros denial. I ended up appealing to the BVA. Believe it or not it was this IMO that the Judge awarded me service connection, and it was sent back to the RO and they had to rate me with the evidence they had,which was a hundred percent. I THINK THIS WHAT WAS MEANT BY SOME REAL MEAT ON THE BONE. Those folks at the RO don't like to admit they were wrong, and once they make a decision they don't like to change it. At this point I would drive directly to the RO and talk to my representative taking all of my documentation with me and see if he could get my NOD reversed and request a reconsideration. I know this is a little unorthodox but it is exactly what I did. For whatever reason the VA does not like to award Meniere's Disease. PS. Josephine, it has been a long time since I have talked to you and we both know each others conditions so I want to pass on something that seems to have helped me. I was at the point I could no longer walk without the aide of my wife or canes so my ENT decided to try something new. He inserted a tube into my affected ear and injected one of the mycin drugs directly into it once a week for six weeks. This helped to the point that I could walk by myself again so he decided to do a second series. I am happy to say that I can now walk by myself. I still stagger and still stay dizzy and sick but am self sufficient again. You might want to talk to your ENT. Hope this helps, Jim 501st
  15. If I told you, then I'd have to............................................. ! THAT'S PROBABLY A TRUE STATEMENT. make NO MISTAKE ABOUT IT, THE Kennedy LEGACY WILL NEVER BE TARNISHED BY WHAT DIDN'T HAPPEN IN LAOS. Take it to the bank.
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