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ruby

Senior Chief Petty Officer
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Everything posted by ruby

  1. Mine has been at the raters for almost 5 months still no C&P exam.
  2. I thought RO stood for the person doing your claim. Like rating officer not rating office.
  3. How do you find out who your RO is.
  4. 2 part answer, I hate not being able to keep my paragraphs------I applied for SSD and recieved it. I need to get a copy of why they granted it and submit it to the VA. I just called the VA and ask for a status and suspend date, they said they had a meeting and they will not release the suspend date. Then she said Oh I see we are beyond the 155 days for the first claim. Then she said that they recieved my medical evidence to support my claim Aug 11, 2008 and that claim is with the rater----I now the 1-800 people don't know whats going on but then again maybe the predetrermination team is confused. I told her that was a new claim for PTSD, she then put something in the computer saying I was amending my first claim to include the PTSD claim. I wasn't doing that, but she wouldn't listen to me.---I had no evidence to submit for PTSD in Feb 07---I hope this doesn't hurt my claims.----I guess I will file for IU and for an increase for the cervical arthritis along with secondary bilateral radiculopathy and migraine headaches.
  5. Ok, here is what my decision says December 2007SC for depression---SC may be granted for a disease or injury which resulted from a sc disability or was aggravated thereby. The evidence does not show that depression is related to the sc condition of arthritis, cervical spine, nor is there any evidence of this disability during military service.-----Service treatment records are negative for depression.----Tampa VA records from Feb 17, 2007 indicate you requested anti-depressant medication.-----Then the reason doubt paragraph----Based on the evidence of record, there is no compelling medical testimony or substantiated opinion that this claimed condition was incurred in service or aggravated by a sc condition-----Entitlement to IU entitlement to IU is denied because the claimant has not been found unable to secure or follow a substnantially gainful occupation as a result of SC disabilities. 38 CFR 4.16 et etc--The percentages are set aside only when the evidence clearly and factually shows the veteran has been rendered unemployable soley due to sc disabilityes regarless of thier individual and combined percentages. then it gos on about extra secular compensation and this claim wasn't submit for extra secular. I really don't want to appeal it will take years I would rather file a new claim--besides I don't think I qualify as not all my health issues are SC at this point.
  6. Some people have pain with disc problems, some don't-why no one knows according to the MRI, its mild in nature and there are no areas where your have any nerve impingement--which is bad. It's not answer you wanted but the best you will probably get.
  7. Berta, they sent me a TDIU form a few months ago and I ignored it pretty much, I wrote back and said according to regs I do not qualify for TDIU so they denied it. It was a referred claim I guess, I never asked for it. So I think since it was denied I would have to appeal that decision. I really want P&T primarily for the property tax exemption, my taxes are 6,000/yr not having pay that would make my life alot easier.
  8. USMC I have all the documentation for my PTSD, it should go without a hitch, but who knows, when you go to a comp exam anything can happen.William, what do you mean by "My suggestion is file, and request that it be considered inclusive of my "Pending Claims" as it was just recently developed, as further evidence . They have everything they need the letters from my supervisor I reported the incident to my command. 2 different Psy notes saying my symptoms are severe and I am unable to maintain full time employment and they are 100% sure my PTSD is a result of my in service MST with gaf score to match and why I have that gaf score. I submitted all my smr/sr to support my claim. The most I will get with the headaches is 30% where I have a good chance of getting 100% with the PTSD. I delayed the first claim by filing the PTSD claim it has only been in there possession for 2 weeks. I think I am confused you say withdraw it and then you say inclusive. Why won't my paragraphs stay, it has to be something about this site its the only site where I lose my paragraphs.
  9. I submitted a change in dx and a secondary to this change in Feb 07, I still haven't heard anything from St Pete, Varo, its been with the rater since April so I am told.On Aug 8th 2008 I submitted a new claim for PTSD.I had my MRI of my neck, went to the Doc today my MRI is worse then what was reported according to the Rheumatologist. He agreed my headaches are secondary to the MRI results (arthritis) and documented that I have prostrating headaches greater than 3 a month see MRI results. He also is putting me in a soft collar to try and help with the headaches. He is hinting I need surgery, said my weakness and pain in my arms are due to my arthritis (MRI), he ask me if I had problems with my equalibrium, which I do, I told him I thought it had to do with my meds, he said more than likely its the impingement in my neck.DO I file a 3rd claim for headaches and radiculopathy now. Remember I have 2 claims there now, if I wait to file it could be a year or more before I hear about the current claims.Thanks your opinion.Ruby
  10. Ask the resident who his supervising MD is. He is supose to get his notes/opinions countersigned--by getting them countersigned the supervising MD is saying he has read his notes and agrees with them. Does he-some do some don't, they just sign the notes. AsK the resident MD how long he will be in that clinic.
  11. Thanks Danag I will try that.Ruby
  12. Now that would be what the VET's need a DA willing to legal go after the Chief of Staff,Quality Assurance Director etc for manslaughter. All it would take is one time and the VA would clean its act up or at the QA person would report this type of negilegence.The Govt goes after CEO's of health care for fraud-cheating Medicare, seems only fair to me.
  13. I would think if its a different claim the answer is yes. Some one with more knowledge then me will answer your question.Again in CFR38 somewhere it says and there are case laws to support this that if there is both neg and positive comments then the benefit of the doubt goes to the VET.
  14. I would think but don't know the real answer, if he gave her POA or medical POA then she can release his medical records. I know if he were alive she could do it but I am not sure after death 100%, but I think so. She needs to keep a copy of his medical records asap. She might be able to sue if she depended on his income to survive in a tort claim. If he had died in a civilian hosp she could sue and win. It has to do with fidicuary dependence.I have an invasive proceedure scheduled in Sep. I am going to cancel because I don't know the Doc and I have never meet him. Thankful I have a medical background, but it also hinders me as I know the system and its flaws.
  15. Someone I know filed for PTSD/MST she was denied. I don't know the whole story and have tried to get her to come here for help but shes in overload.Here's what I know, she filed for the above and was denied. It's at the BVA, they remanded her case back to get the RO to clarify something. All of her military records are missing-she never got a comp exam-she was denied flat out. Her only evidence is she told her god mother about it. Can you submit new evidence--medical records from current VA docs saying in thier opinion 100% her problems are due to MST/PTSD. Can she submit the Patton v West case also to the BVA.ThanksRuby
  16. For some reason its retaining me as logged in. But I still can't do the paragraphs and its only on this site. Help I hate reading one long paragraph.No empty lines between paragraphs. I asked someone I know about big and little print problem who is a computer geek and he said I need to down load any updates to the new monitor I just bought. Although it worked fine until I downloaded updates.
  17. Cowgirl,While I don't advise this, the rules are substantial gainful employment and they say that is more than 900 a month, however, if you get SSD that amount goes to 600/mo. Its tricky and you have to know how to read there rules.They have a copy of your taxable earnings and they know the last time you worked. The time starts from the first of the month following an application--If you file Jan 1 it doesn't start until 1 Feb. If you filed jan 15 it starts 1 feb. If you filed 30 Jan it starts 1 feb.Good Luck
  18. I still can't put in line spaces for paragraphs on this site-can anyone help me do this. Also it won't retain me as signed in although I have it check marked.Thanks
  19. I have Windows XP (home) I don't have PRO. I have a Dell dimension 4600 I bought it at the end of 2004. Its loaded with all kinds of stuff.I just tried changing the pixels which helped. The 800x600 is too large so I am at 12?? by 768?--But myfavorites on aol are still small but slightly larger then they were. I hope the paragraphs are now showing instead of my messages being one long paragraph.Thanks for all the help
  20. also my paragraphs are disappearing and everything is running together.
  21. I am on aol and I have MSxp.I updated my computer which I rarely do, since I always end up with problems. Heres what happen. My font on everything was gigantic like a 20 font. It was great to a point. I went to bed left computer on and when I got up the font was an 8 at most and there were many problems trying to get on. Finally my computer said NTSF file --desk needs to check for consistency of $I30 file 22150. SO the computer fixed itself.But the print is still small. My nephew came over and got some of the font size larger but not all of it will convert. My favorites is very small font and so is my email. I checked some of my documents and they are screwed up numbers and symbols instead of words. Someone sent me an attachemnt and the icon that says the type of file is different it is a single square with the notepad emblem, when notepad looks like a notepad. Does anyone know how to get the font size the same for everything on my computer. My games like hearts, soliataire that game with the computer is small to the point its uncomfortable to play. I have a new 22 inch screen which is useless when some of your screens are no bigger than 6 inches. Thanks Ruby
  22. Thanks for the info Jonh and Rental.My report says c2-3 an irregular disc osteophye complex indents the thecal sac but does not cause any significant canal or forminal stenosisc-3-4- a diffuse disc bulge indents the thecal sac, with mild canal narrowing without significant cord compressionc4-5 a diffuse disc osteophye complex indents the thecal sac, touching and slightly compressing the ventral spinal cord with resultant moderate spinal canal and bilateral mild to moderate neural foramen narrowing.c5-6 an asymetric (left sided prominent) disc osteophyte complex indents the ventral spinal cord and results in mild spinal canal and moderate to severe left neural forament narrowingc6-7 osteophyte coplex indents the thecal sac with ild spinal canal and bilateral neurlal foramen narrowingC7-T1 no signifiant disc bulge or canal stenosis is seen.Do I need to get an emg or just have the Rheumatologist stated the problems are directly related to my sc cervical arthritis.I have been trying to get a neurosurgeical appointment for 5 months now and I still don't have one.I am going to get my shoulders and both hands injected due to the pain I am having great difficulty with basic adl's I have literally no strength in my right hand it measures 0-5 and the left measures 16-20.Would I file for tension headaches or migraines.Thanks RubyWhy did my paragraphs disappear and its all together. basicall unredable.
  23. Thanks Rental, I think I can apply for headaches too as a result of the pain in the cervical area--they are literally called cervical headaches. Is this rating for all nerves involved such as the nerves in my elbow and wrist or would they be 2 different ratings.
  24. I an SC for traumatic arthritis of the neck. My xrays show minimal arthritis to none. My MRI shows Multi level spondylitic changes as described with varying degrees of spinal canal and neural foramen narrowing. Minimal cord compression is seen at C4/5 level with milt to moderate foraminal narrowing. Moderate to severe left neural foramen narrowing is seen at C5-6. My question is does anyone know if spondylitic arthritis is traumatic arthritis by defintion of the VA. I have tingling and numbness in my little and ring fingers. My arms go to sleep if they are bent at the elbow especially if I an side lying. My entire hand goes to sleep. I have pain in my shoulders with frequent buritis and tendonitis. I have cervical headaches 3-4 days a week lasting 2-6 hours. I am positive for thoracic outlet syndrome. If I apply for secondary issues what do I apply for. I currently have a claim pending for reactive arthritis also. I have an appointment with my Rheumatologist in 2 weeks I am sure he will write a connection with my problems to my service connected arthritis but what do I ask him to connect--what diagnostic codes would apply. If anyone knows any of this answers thanks for helping. Ruby
  25. To research this area look at federal cases that involve recordings--or just google is it legal to tape record in a federal setting without permission. This would be covered under case law. There may not be anything in writing, I believe there is. It's case law you need. I use to have it but I can't find it now. I can assure you if you ask they are going to say NO or its illegal. Don't tell anyone your recording. If you really need help then call an attorney that does federal cases--and ask if its legal and where would you find that law. Or you can go to a law library and ask them to help you locate it. The VA as an insitution may say you can't, but policy's can not trump the law. Just as state laws can't trump federal laws, unless federal laws say they can. If you sue someone under the federal court system its OK to tape anyone without there knowledge, however if your in a 2 party state such as Florida and your in state court and you tape without anyones knowledge its illegal. Now if you use a tape recorder to help you in your daily life, it would be hard to prove the recorder did not accidental go off, since it is voice activated. Anyone who's memory is impaired can say they use a tape recorder to ensure the accuracy of what transpired. RENTAL, That's a good poiny use it to your advantage. Then the Courts would have to make a decisivie decision on that issue.
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