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If I had the time and money I would do the following-- Start my own private Commission on the VA, all aspects health care, rating, time, what the problems are in the eyes of the Vet. I would approach this like any other type of petition to get something on a ballot. I would get a petition started in all states - stating the purpose of the commission and the changes necessary to fix the flawed system. I would have those that are eligible to sign this petition (electronically) sign the petition and then I would have 50 rep's one from each state with the signed petitions travel to DC and visit all thier wonderful senators and congressman/women and say we want this introduced as a bill--- I would also consider doing a March on DC at the same time. This will all take time, time is more than year possibly 2 years to organize anything meaningful. At this same time your getting national media attention. Enough signatures on any piece of paper will get others to act. Thier livelihood depends on our votes. Bottom line without the signatures, nothing will change. Until a politican's family member gets screwed by the system. This is all possible by the internet, you would have sites linked to this site, you would get all the service organizations to post something somewhere for Vet's to go to this site and sign it. Of course you would have word of mouth. That's the easy part, you now have to figure out what is the most economical way to fix the problems. Without a solution to solving the problems, you'll get no where, we will all be dead and gone by the time anything changes. Can you sue someone for putting your claim somewhere it shouldn't be, NO! can they get fired and never be employed by the government or any affilate of the government in any way Yes! Let's face it that employee, hasn't got a pot to dodo in so suing them is not reasonable, however, if the company that employ's them is allowing this then you sue the company. Does anyone remember HCA being sued for ripping off the govt for medicare fraud. Same priniciple and no you shouldn't need an act of congress to sue the government. Any time you have a very large work force you will have people who don't give a petunia, doesn't mean the company should be sued unless they encouraged this behavior. A possible solution to the bonus money is; the employee is not given any money until all appeals are exhausted and the Vet loses, if the vet wins the employee gets nada. Which is saying learn your job and learn it well. Many companies that pay bonuses on sales do not give the bonus money until the sale is final and payment has been recieved. Also if that product is returned the money is deducted. To ensure that they don't just award everyone then you have to have another check and balance to prevent the exact opposite that is happen now. The system is designed to error on the side of the gov't, reverse that process. What check and balances would fix the years of denial's and waiting games in the most economical manner. Could you not ask for donations like 1.00-5.00 from vets to help send a delegate to DC with your petition for change. Find ways to improve the system, write that up as petition, then get delegates to go to DC and set a March on DC at the say time. Numbers get noticed. IMHO thats a start.

That is what I wanted to know to file for a new SC. I am trying to locate people who knew I lanced these cyst by myself for the last 25 years. I have the scars that I feel can show this is chronic and I am fairly sure I have tunneling also, you get other little nasty things too, that I have removed and it feels like someone is ripping your insides out when its removed. Thanks for all the help will get appoint with primary so she can refer me to Derm. I understand they have to make the DX as far as the VA is concerned or at least that's what my rheumatologist said.

Thanks Carlie I will look at it. I am confused as I am not sure if I should ask for an increase or go for a new SC based on the fact that this cyst now has a name(DX) as hidradenitis. Since I am already rated at for the scar I am thinking that would be easier and faster.

Thanks Wings it helps.

I have a question regarding filing for a chronic condition perhaps someone can help me understand what I need to do so I don't screw this one up Wings posted this in another thread: For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished by merely isolated findings or a diagnosis including the word "chronic." When the disease identity is established, there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only for the condition noted during service is not, in fact, shown to be chronic, or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim. 38 C.F.R. § 3.303(. The chronicity provision of § 3.303(B) is applicable where evidence, regardless of its date, shows that a veteran had a chronic condition in service or during an applicable presumption period and still has such condition. Such evidence must be medical unless it relates to a condition as to which, under the Court's case law, lay observation is competent. If the chronicity provision is not applicable, a claim may still be.... reopened on the basis of § 3.303(B) if the condition is observed during service or any applicable presumption period, continuity of symptomatology is demonstrated thereafter, and competent evidence relates the present condition to that symptomatology. In 1975, I had ie a cyst that was documented in my SMR I also recieve a 0% for scar. This cyst reoccurred and I took care of it while in the service, this was located in a area that would be embrassing to most. When I got out of the service within the first year it appeared again really bad and I had to get medical treatment from the VA. Antibiotics and pain meds. Over the past 30 years I have taken care of this problem by lancing them when need be. Now 30 years later I am told this is a disease process, I have the scars to show that this condition has occurred many times. It can cause tunnelling from one cyst to another and you can have more than one. I can show that I have tunnelling which is bad. I only have one doc that mentioned this cyst was a disease that probably caused my reactive arthritis. This is too complicated to file for at this time, I just want to file for the new dx of hidradenitis-- So do I file for an increase for the scarring or a new dx. I know I need to get more docs to agree with this but whats the best way to get a higher rating for now--money is more important at this time. I can't fight for anything for a long period of time at this point.

Unfortunatley for me I can't do that, so I am going to be forced to try it my way at this time. I can't find a good VSO and have made mistakes and it will probably take a BVA/Court for me to win my claim. Time isn't on my side, I have 60% VA now and hopefully I will get SSD on the first try and that will buy me time. Your post has helped me realized that I really need to inter twine both SC and NSC to show that its the combination that is making me unemployable. Lets say that I could be a toll taker but with my asthma I can't do that so my 30% asthma SC does effect my NSC arthritis. My SC arthritis is affected by the NSC arthritis, when I have to rest on one side that means I am putting undo stress on the other and making it worse. Can this back fire, yes it can, as the VA can and will say they can't detemine what is making me umemployable the NSC or SC. That is where the BVA or Court will have to come in and make what is called case law (decision). If I win its a biggie for other Vets, if I lose they will learn what not to do. I also have 2 other medical conditions that I am going to apply for, but I have major problems with documentation, as I haven't seen a physician for 25 yrs until 2005. I lived with my problems and took care of what I knew I could do, on my own. I don't have the money for IME's I just ask someone what they charged for them and its 925.00. I need them from at least 3 different docs for different diseases.

Thanks for the heads up I am filing for SSD on Tuesday. I actually thought about this after reading some of the BVA decisions, in many of them they say remand and to get the SSD case and review them to see what evidence they used to give someone one SSD. From what I have read on the internet, it says to only use the one disability that will more then likely get you disability and not everything that is wrong with you. It can prolong your case as they have to work what you file for. However I believe for a veteran this may be the wrong approach. I have degenerative arthritis, reactive arthritis (all other problems assocated with this), hidrandenitis, DM, asthma. The only one that would get me SSD is the reactive arthritis which I am not serviced connected for at this time. I have been trying and trying to figure out how to incorp. my SC with my non SC. The reason I am trying to show this is if I didn't have the one or more of them then my disability would be less, but the fact that one effects the other and how I respond to them, they will have to take into account of my health issues and work them as a whole. Hence, if SSD has to work them as a whole then you have the ammunition for the VA to work them as a whole. One affects the other. Such as my asthma is SC which means I can't be exposed to any fumes. My degenerative arthritis is in my neck, L wrist and L Foot/Ankle, I can't do any repetetive motions such as office work. I can't keep my head in any position for longer than 30 minutes with out pain, I can't type for long periods due to my bilateral carpal tunnel as a result of the reactive, the IBS is related to the reactive, which means I have serious problems with diarrhea and gas. I have fallen on 3 occasions trying to run to the bathroom, but my L foot/ankle (SC) doesn't work when I first get up from any position, as a result of this I have broken my elbow in one of the falls.(I need to file for my elbow, as I have constant pain) My right wrist is not service connected yet, I have been told not to do repetetive motions with the R hand I have had it injected twice in 5 months. I am to rest it, well in order to rest one I have to use the other which now is making my SC wrist worse and I am considering having it injected as it is getting more painful. This is my thought based on what I have read. I have decided to file for all my health problems as they effect one another and my responce to them as a whole. If SSA buys it then the VA would have to look at all health issues and how they effect your ability to function as a whole, at least at a BVA level. I know the rules say only your SC health issues will decide if you are IU or 100%---my arguement would be my SC problems directly effect my NSC and vice versa. Without one or the other I may be able to work but the combination of them make it impossible to be "gainfully employed" Any opinions on my thought process on how to make the system work for me and not against me.

Do I call and make an appointment or just CMMR for a complete file. I obtained my SMR's a few months ago, I supposely have everything but the VARO stated they used my discharge physical to grant and deny SC. The records from my SMR says they are missing and I remember them telling me they were missing when I was discharged.

When I ask for a copy of my C files, how to I ask for all C files including the original ones from 85. I want copies of everything VARO has in thier possession. Any special way to ask for it. Thanks

Thanks for the reply I have my SR that show that I was reassigned and my conduct and prof marks went down after I was reassigned and some other things. No, I don't recall telling anyone what happen per se at this time. I really never cared to talk about it. I think I can locate the person that I told and knew something happened but didn't know what, he heard me slap this person and immediately leave the premises. It wasn't just a simple unwanted advance, I was asleep when this occurred of course it woke me up. It was the NCOIC of my unit that did it, it was the NCO that I told and knew that something was wrong. He is now a full bird and I can locate him if he is in the States. The NCO convinced me to go to my Capt and tell him what happen just in case there were problems, he ask me if I wanted to make formal charges in one breath and then said it could destroy him in the next and he was retiring in a few months. Would I consider just dropping the matter. The NCO got out of the service shortly thereafter. After he left is when things went from bad to worse. That's when I was assigned to KP duty, allergic to something, so I got out of that, then he signed me up for NCOIC school ( had a broken arm at the time) so I didn't do that either. When I went home for leave for 20 days, something transpired and I was reassigned. When I got back my Capt thought it would be best if I wasn't in the office and it would look odd if they reassigned TOP. Yes this pissed me. I am in my new unit and all of a sudden the XO (now acting CO) ( I don't know this guy, he doesn't know me) is doing anything and everything to get me, its really bad. I am reassigned again, but now I am working for the Commanding General- It got really nasty and I decided I wasn't going to take anyones crap for any reason and I didn't. I think that my Capt went to the XO and told him what I said and of course the NCOIC denied it and my witness is gone now, so they reassign me. Now this arse is out to get me. I was assigned to GC for a couple of reasons, one I am the only one on base that could do a certain job and secondly, they wanted to watch me. Lots of other things happened, I over heard a conversation I shouldn't have to the point I wrote a congressional inquiry. That inquiry would show everything it was 50 pages long. The congressional inquiry got to Fleet Command next stop the President. They suggested to the XO he should retire now, only after I confirmed that he put in retirement papers did I drop the congressional inquiry. Many of my medical records are missing which I think I can show a correlation to what happen to the missing records. My Ortho doc, made a note in my SMR of a conversation with this XO to the point he gave me a perm. excuse from the time I was first seen concerning wrist pain. A couple of other Doc's were confused on why I was being put before a medical board at the XO's request--it was really bad, he changed my P & C marks to the lowest you can get--when I found this out I went ballistic, someone in my office changed them back, I was accused of changing my records. For a year an a half it was a nightmare for me but I refused to let them get me. When I started to read the signs and symptons of PTDS I realized that many of my issues may stem from, not necessarily the actual event, but how I was treated afterwards. I kept a copy of the congret for years, but I believe it was destroyed in a fire. I will look again for it. I called wherever you get your SRs from and requested all my files but I didn't get the congrit.

NO, been out for years and years, have only told a couple of people about it after the fact. Trying to locate those people but unsuccessful at this time. Not sure I really want to pursue this matter.

How does one go to prove this occurred if there is no record of MST. Say that someone was physically acosted but not raped. That person told someone else and convinced you to go to your OIC. You went to your OIC and they said he is retiring in a few months this could ruin his career. So you agree to do nothing. Then this person starts to assign you to crap jobs, KP, NCIOC school etc, you go on leave and come back and find out you have been reassigned and your career goes down hill from there. If your only proof is those 2 people and you can't find them is it a lost cause?

Thought that was funny- arthritis may improve I plan on asking "Your statement that the arthritis may improve and is not considered permanent." From my knowledge and experience as a RN I personally do not know of a cure for degenerative arthritis and I am not aware that it can or will improve. Please provide me with any treatment that you are aware of for this condition, so I can inform my Rheumatologist of this medical treatment, so that I may begin treatment asap.

They said in the denial "service connection for arthritis, right hand, knees, right foot and sacroiliac is denied since this condition neither occurred in nor was caused by the serive" By this statement they are denying the medical report that says there was evidence of arthritis in 1977? Am I understanding this correctly and this is how I attack thier denial. Especially when I never recieved a comp exam on my SI's I was never asked in the comp exam how I got this just what type of arthritis did I have. They are not denying I have arthritis, just that it isn't service connected.

Thats whats in my denial, they said they looked at service connected but they apparently didn't as it clearly shows the arthritis in its earliest form. Thanks for the response, I am looking for a new service rep that is good. Someone approached me at the VA when he saw my look on my rating. I guess he is some biggie in a service org and said he would call me. Who knows if he will, he put my name and number on a newspaper, I just hope he doesn't throw it away. Anyone know of someone in Florida, I am willing to travel if they know what thier doing, as it is evident I don't.

Here's the evidence they said they used: Rating decision date july 13, 2007 and the evidence therein our letter dated July 24, 2007, sent to you explaining VA's Duty to Assist and information & evidence is needed to establish entitlement to benefits claimed Your statment, dated October 3 2007, (recieved October 22, 2007) with copies of your service treatment records (STRs and grogress notes from xxx Va Medical center STR's from the period Sep 24, 1975 to Dep 22, 1978 VA exam dated Nove 28, conducted through VAMC VAMC treatment records dated Feb 10, 2006 through November 19, 2007.

Here is a letter I sent them Oct 3, 2007 with additional evidence that they said in th evidence they used. In response to your communication to me dated July 20, 2007 xxx/xxx/xxx/xxx,CSS xxxx and xxx/xxx/xxx/xxx, file number xxxxxx. My interpretation of the reference letters mentioned above, I was awaiting a new compensation exam and if I had further information regarding the depression or unemployability to please submit that information. I made several calls to the VA service representative regarding when I was going to be scheduled for a new compensation exam. During my last conversation I was informed the Board was awaiting my response to the letters prior to scheduling a new compensation examination. I was also informed that the Board does not review your ongoing medical records and if I had further information regarding any treatment or statements that I need to submit those for consideration. I thought this information would be reviewed and submitted at the new compensation exam. I am enclosing additional information for the Boards review. I have not responded to the communication regarding the unemployability or depression since I do not feel that I qualify for either according to the guidelines. This communication stated that if I believe I qualify that I needed to complete, sign and return the enclosed VA form 21-8940. My depression is related to the arthritis and the pain associated with the arthritis, the fact that I am unable to work full time to support myself and that I cannot enjoy my personal life. As I have stated in my previous communications, I am depressed due to the pain and the physical limitations it presents. While I don’t seem to understand the process I thought my original compensation exam in December of 2006 I was being evaluated for arthritis and for all residual effects of the arthritis and the subsequent damage it has caused such as the bilateral carpal tunnel, bilateral heel spurs, bilateral achilles tendon and the generalized exacerbation of the disease process. During my compensation exam I was informed this was not true and that I had to resubmit for residuals, which I immediately applied for. Dr. xxxx, Head of the Rheumatology Department at the VA in xxx, Florida has stated in my medical records that he feels due to the severity of my arthritis I am “completely physically disabled” (see attachment). Radiological evidence that shows the severity of the arthritis is located at xxxVA in , Florida. It is visually obvious of the arthritis due to the swelling that is present in my hands, feet and knees. My active duty records clearly demonstrate that I showed arthritic changes in my SI joints while on active duty in 1977 (see attachment). I would believe this evidence would clearly establish the arthritis in the SI joints is service connected and not residual. I am not aware of what documentation the Board has in regards to my arthritis. Therefore, I have obtained a copy of my service records and I am submitting the medical records and statement (enclosed) for the Boards review to expedite this matter and any questions the Board may have. All the evidence I may have to show that I am depressed is in your possession. I have not sought any medical treatment for this condition. I am not sure what is required from me in regards to what actions are necessary on my part to expedite this matter. I have been waiting to receive a new compensation exam date. Please notify me of what actions are necessary on my part to obtain the new compensation exam or any further documentation that is required for the Board to reach a decision. “I hereby certify that the information I have given is true to the best of my knowledge and belief.” Sincerely,

I admit I have been thinking my arthritis in all my joints are connected and recently figured out they weren't, so I wasn't really surprised at the results, what do I do now. Lumbar was remanded in 86 with no outcome to my knowledge. Do I go back and say I want to reopen this file or file for new SC-reactive arthritis Or I could say that I thought my CE was for reactive arthritis. I know this is complicated but I don't what type of appeal approach to take. Service connection for arthritis, right hand, knees, right foot and scaroiliac. SC may be granted for a disability which begn in military service or was caused by some event or experience in service. Service connection for arthritis in the above is denied since this condition neither occurred in nor was caused by service. I never recieved a CE for my SI joints---can they just ignore my request for this area of my body? SC may be granted on a presumptive basis under 38 CFR 3.309(a) for arthritis, right hand, kneeds, right foot and sacroiliac if this condition is manifested to a compensable degree ( severe enough to be evaluated at least 10 persent disabling) within a certain period after military discharge (specified under 38 CFR 3.307. As the medical evidence fails to show a diagnosis of arthritis, etc within the time period , service connection on a presumptive basis must be denied. Again my SI was not evaluated in this last CE. I was not diagnosis with arthritis(reactive) until 83 but I was seen for leg and back pain within the timeframe. We requested a medical opinion to determine if these claimed conditions were secondary to your service connected disability of arthritis, cervical spine. VA examiner opines your current feet, right ankle and hands conditions are not secondary to service connected cervical arthritis, nor are these secondary to left foot injury. X rays of the bilateral feet, dated March 8 2006 was normal except bilateral calcaneal spures: xrays dated march 8 2006 of spine sacroiliac joints showed bilateral sacroiliac arthristis; xrays of bilateral hands, dated march 8 2006 were normal. VA examiner states your major pains and disability is related to sacroilitis and the lumbar spine. Service treatment records do not provide evidence of incurrence in service of these claimed conditions. I have the records and I sent them to the VA too that showed arthritis in the SI joints in 1977 while on active duty. They acknowledged they have those records I sent. Consideration of reasonable doubt was given and there is no approximate balance of positive and negative evidence to give rise to substantial doubt which can be resolved in your favor (38 CFR 3.102 The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable. What evidence can that be? Based on the evidence of record, there is no compelling medical testimony or substantiated opinion that these claimed conditions were incurred in service or aggravated by a service connected condition, nor can service connection be established as presumptive condition. I am correct that they ignored the report that said I had arthritis in my SI joints in 1977? I really need help on what and how to disagree with the board.

Thanks for the example letter, I am probably going to get a IMO also. As it stands now they have denied my arthritis in all other joints as not service connected. Can they refuse to do a CE on a certain of your body? They never did my SI joints and they used X-rays from 18 months ago.

New question might be technical If you filed a claim for secondary and you were denied can you file for SC (primary for the same thing)? Either way does anyone have a direction in where I would find this info out in a regulations.

I guess I won, my denial came in the mail this evening. CE on 11/28/07 to raters 12/13/07 (someone lied to me when I called) decision 12/19/07 recieved notice 12/28/07 I will type the most important parts for help in what to do. Service connection for arthritis, right hand, knees, right foot and scaroiliac. SC may be granted for a disability which begn in military service or was caused by some event or experience in service. Service connection for arthritis in the above is denied since this condition neither occurred in nor was caused by service. I never recieved a CE for my SI joints---can they just ignore my request for this area of my body? SC may be granted on a presumptive basis under 38 CFR 3.309(a) for arthritis, right hand, kneeds, right foot and sacroiliac if this condition is manifested to a compensable degree ( severe enough to be evaluated at least 10 persent disabling) within a certain period after military discharge (specified under 38 CFR 3.307. As the medical evidence fails to show a diagnosis of arthritis, etc within the time period , service connection on a presumptive basis must be denied. Again my SI was not evaluated in this last CE. I was not diagnosis with arthritis(reactive) until 83 but I was seen for leg and back pain within the timeframe. We requested a medical opinion to determine if these claimed conditions were secondary to your service connected disability of arthritis, cervical spine. VA examiner opines your current feet, right ankle and hands conditions are not secondary to service connected cervical arthritis, nor are these secondary to left foot injury. X rays of the bilateral feet, dated March 8 2006 was normal except bilateral calcaneal spures: xrays dated march 8 2006 of spine sacroiliac joints showed bilateral sacroiliac arthristis; xrays of bilateral hands, dated march 8 2006 were normal. VA examiner states your major pains and disability is related to sacroilitis and the lumbar spine. Service treatment records do not provide evidence of incurrence in service of these claimed conditions. I have the records and I sent them to the VA too that showed arthritis in the SI joints in 1977 while on active duty. They acknowledged they have those records I sent. Consideration of reasonable doubt was given and there is no approximate balance of positive and negative evidence to give rise to substantial doubt which can be resolved in your favor (38 CFR 3.102 The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable. What evidence can that be? Based on the evidence of record, there is no compelling medical testimony or substantiated opinion that these claimed conditions were incurred in service or aggravated by a service connected condition, nor can service connection be established as presumptive condition. I am correct that they ignored the report that said I had arthritis in my SI joints in 1977? I really need help on what and how to disagree with the board.

Sorry not sure what you mean by putting a check on lying, assuming your talking about the rater reading what you supplied and why they denied. However, I do agree having something in writing actually can help you should it go to a court of law both are pretty much bound by what they said, if you keep changing your story it will go to credibility. Is a DRO faster then the BVA

Unless someone sent you a pm I don't think anyone thought you were attacking me. I didn't. I am sorry for your illness as I know the pain first hand. I am glad to have someone who knows first hand the pain I have. With this condition, you couldn't really look at me and think that my pain is 7-10 daily or that I have to rest frequently and I can't walk, even my friends didn't understand until I finally showed them my xrays and now they treat me like an invalid, thats the exact reason I never pushed for disability before now. Now its I'll get that for you, oh, let me do that. Ok guys I can still walk to the kitchen, to the mailbox, to my neighbors, but don't ask me to go beyond that, I can't. I think I have been denied arthritis in all joints ie reactive and they are giving me an increase for pain and drease in motion. I have to wait and see. I made an appointment for SSDI for Jan 8. I hope that goes better.

Competition is on who gets the envelop first. Figured if they gave that rating to me that quick it was a denial before I had my comp exam, I hope yours is better than mine.

Do I DRO, ? or BVA what avenue do I take.