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Rockhound
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Posts posted by Rockhound
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My SO checked on my claim and where it is in the process and she was told that it was coming up for a decision in June.
Is this more hogwash to keep me in suspense and not checking each week or do they really know when your claim is due for a decision?
I'd like to believe my SO has a track on this, since she was given some type of code to look up in a binder I have seen her refer to after making a call to the VRO and talks to a cirtain person their. Seh has never steared me wrong yet, but as most of you may be aware, I'm bit parinoid where the VA is concerned.
What's your opinion?
Rockhound Rider B)
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I'm reading about how the war has caused the problems with the suicide rate among our military. No one says a word about how the VA's treatment of Vets trying to get benefits and compensation, has played a part in the suicide rate. Vets having problems can get so discurraged that they just give up, what's the use in even trying. etc. etc. etc..
JMHO
Rockhound Rider B)
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I had a neuropsychology exam/test June of 2008, the person giving the test is a Psychologist with a Phd. She opinioned that, rather than a regular personality disoder I was saddled with by a C&P examiner in 1973, that I had a post organic personality disordered as a result of the head injury while I was in the service, just shortly before my medical discharge.
Now she didn't say it was a diagnosis but when I went to see a neurologist for a TBI screening test, he took her opinion to mean that I was diagnosed by her as having a post traumatic organic personality disorder due to my remote head injury. He also listed the headaches I have been having as post traumatic headaches, mixed myogenic-vascular
My AMVET SO likes what she sees in these reports, but I feel I should try and get the psychologist to clarify her opinion or whether her opinion as a psychologist Phd. is the same as a diagnosis for a medical Dr.????
I want to make sure I cross every T and dot every I before I file this claim for a TBI that caused my so called personality and that the C&P Dr got it wrong to begin with.
I have other evidence that shows my medical and personal history prior to my head injuey, some of it, the most important aspect, I feel would have made a difference back then, were not considered back then and my Dr's agree, I had no signs or symptoms of a personality disorder prior to my head injury, and that the personality disorder only became noticeable afterwards.
Any thoughts and or opinions or sudjestions is greatly appreciated.
Rockhound Rider :D B)
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Thanks Carlie!
RR ;)
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That is a lot of great information Carlie, could you tell us where you found it?
I'm a bit confused about the levels of cognitive impairment. They group all areas as either severe, moderate, or mild. What or how do they rate the level of impairment when in some areas you may be classified as mild, in others moderate and/or severe?
In my neurological testing, I had a mixture of mild and moderate impairment in some areas, but severe in executive functioning. How do they determine what your rating percentage is with this kind of mix?
Rockhound Rider ;)
Sorry for the editing, spelling is real bad
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I sure hope that back pack isn't heavy. That's got to be one of the worst kind of back packs for your lower back. You'd think the military could come up with a more comfortable design.
It is a very nice picture, seeing a mother returning home and the child still remembers them so that they rush into their mothers' arms like that.
RR :)
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Further, and I'll have to look this up, but when I last checked the VA did NOT compensate ADJUSTMENT disorders. Check me on this someone... I cant remember the reference and they may have changed it since I last looked.
I would like to know also as to whether or not the VA would rate for compensation or not, (Adjustment Disorder)
I was diagnosed for a NSC Pension as having an Adjustment Disorder with Depression and Anxiety, it was rated at 50%
An adjustment Disorder denotes a problem with social and industrial adaptability, As I see it, to have this service connected, I would file for Depression with Anxiety and use the adjustment disorder to determine the severity of my social and industrial adaptability for IU if necessary.
For general information and IMHO.
Rockhound Rider :)
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Although I plan to put in a claim for my head injury I had in the service, that wasn't rated, I doubt I will get a letter such as yours carlie. My head injury is listed with my Axis !! medical problems. It will be interesting if they see this and include me in this program.
If I do get such a letter, it might help me get a better look into the problems I am having now associated with the head injury.
Rockhound Rider :D
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Just goes to prove Berta, that there is no consistancy within the VA on how they make their decisions.
It's similiar to, two different claims but with basically the same issues and evidence, one gets approved, the other disapproved, or one gets a 10% rating and the other a higher rating.
There is no accountability for consistancy.
Rockhound Rider :P
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I like or rather dislike the the part in the report that says the VA may have with held a claim for audit if it suspected the claim had mistakes. It just goes to show how the VA continues to coverup their mistakes even during an audit to expose thier mistakes.
Lost, shredded, hidden away, or just kept from the auditors eyes. It's business as usuall with the VA.
Rockhound Rider B) :P
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While catching up with my reading of recent CVCA decisions and opinions, I came across this one. The VA was trying to short change a Veterans Lawyer, who won his claim for a 70% award which was reduced to 10% because he was incarcerated/Jailed. The Lawyer was intitled to 20% of his award, but the VA wanted to base it on the lowered 10% rating.
I'm glad to see that the Lawyer was successful in pleading his case that he was intitled to 20% of the original 70% award the Veteran would have been intitled to, had he not been in jail at the time.
Even though I hate to see a claim have to go so far as to have a Lawyer win it for a Veteran and 20% of his EED accrued benefits being paid out of his award, which, had the claim been done right to begin with the Veteran would have been 20% richer. Having said that, I am glad that the Lawyer won his case against the VA in the end, but wish that things would have been better for the Veteran, so there would have been no need for him to be in jail.
Rockhound Rider :P
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<br /><br /><br /><br />Why, CowGirl Darlin', you know that the VA is here to help and protect you. To see that you are taken care of, you and the widows and orphans, yada, yada, ding-ding!<br />I just cannot understand such distrust of a non-advesarial, government of the people, by the people and FOR the people, institution such as the VA.<br />Why, it just breaks my heart, seeing all this suspension of trust and cordiality directed toward one of my mostest favorite gubbermintal entities.<br />Now I fear I must go sit somewhere by myself to mourn. <br />You have, albeit unintentionally, caused an excerbation of my major dependency disorder.<br /><br />In fact, I feel spoiliated!<br />Larry, your humorest look on a post is always a delight, but when was the VA ever a part of a governmental agency "of the people, by the people, and for the people? If it were, wouldn't you think we would have the same rights and privelages as every citizen does? Veterans are treated in the same way that children are treated, although we have certain protections, which are mostly ignored and or abused, we in no way have the freedoms to fight our claims in open court as a normal citizen would have, nor does the VA care that our treating Dr's have a better understanding of our health issues, than a Nurse Practitioner at a C&P exam. You would never see that in a case with the average citizen seeking damages comparable to VA compensation and benefits.
Sorry, I'm just tired of being treated like a second class citizen, expecially since Veterans gave some and some gave all, so that every citizen would have the freedoms they have now.
Rockhound Rider
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Medication to help disolve my type of kidney stones arrived today. I really have to watch my Ph levels now. I guess low Ph relates to high potassium which can bee as bad as to little potassium. So far, the change in my diet doesn't seem to be doing enough to raise my Ph, so I guess I am going to concult with a dietician at the VA Hospital. The last thing I want is to end up going back to the VA Hospital by way of the ER.
Thanks all for your concern and wishes, I'm hoping as always, I will get through this as I have everything other old and new health issues that I have had to deal with.
Rockhound Rider
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What is your potassium level? I ask because I have the opposite problem.
Avoid bananas, yogurt, juices as those are all high in potassium.
I guess my question should have been how do I increase my Ph levels which would then affect potassium levels.
Although some of the dietary issues are the same, the major being lower protein intake. Dairy was somewhat less of a factor.
The whole thing is really confusing when you talk Ph verses Potassium. I'm told I need to raise my Ph which would make it less acidic and more alkeline, but I still haven't found any real consenses in what a proper diet would be to raise my Ph which is between 5.55 & 6.00 and I need to raise it to 6.50 to 7.50 per my Urology Nurse.
No meat, no tomatoe juice or sauces, no acidic drinks, etc. etc. etc. Yes on salads, non acidic fruits and melons, yes on eggs as a substute protein as well as 3oz. of certain fish, chicken, and turkey, etc. etc. etc.
Rockhound rider <_<
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Received a call from the urology nurse today while I was out. She was returning my call about my concerns that my Ph was low, indicating my potasium was elivated and needed to come down, or rather that my Ph be higher. She wants me to try and eat a low protien diet to belp bring everything into proper levels. <br /><br />Anyone have some good information on low protein diets out their or at least the types of foods I need to avoid or keep to a minimum?<br /><br />You can answer by personal message if you want or post it here. Others may be interested in this type of diet also.<br /><br />Rockhound Rider<br /><br />
p.s. Hopefully I can show some improvement by March 10, when I have to go back in for labs, xrays, and the removal procedure of my stent.
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halos2: I doubt the VA is going to knowingly let you record your appointment, but since you are a female, I do believe that you can have a person of your choosing, to be in the room at the same time, since this unlicensed Dr. is a male.
I would take your information and talk again with your patient representative and if you do not get any satisfaction, I might suggest and have you consider contacting a personal injury attorney, if only for some guidance, since this type of wrongful medical information and lack of it, could possibly lead some other Dr. to miss diagnose and/or treat you durying an emergency. Also the lack of medical treatment by not treating your HBP can lead to such an emergency if not death.
Try and keep your cool, but keep on top of it, the VA, at least in my case, prefers to eventually do something, rather than have you talking to everyone, pestering everyone about it, making it known by everyone. You might even consider taking your complaint to your Political Representative, your concerns that your medical needs are not being met by the VA health system. Letters to the Editor or an interested newspaper. Start with the small ones first, they usually cover more local humanist stories than larger ones.
IMHO
Rockhound Rider <_<
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(01) When I try to post a new topic or reply, the emotocom selection to the left of the reply box is missing. The reply box takes up the whole page.
Is their some way to select the way this page appears so that I can get the use of the emoticoms back. It's like a part of my personality is missing. I use a specific emotocom in my signature at the end of my posts that to me is an intragal part of my signature.
(02) When trying to access "My Assistant" by clicking on it, instead of my computor showing me that it is searching for the page and showing it's location address, I get the following, "Javascriptbuddy_pop0:" and my computor goes into a continues loop trying to find this non location.
Is their some setting on my computor or on this site that I can change to fix this so I have access to My Assistant once again?
(03) I am having the same problem with "My Friends" as I am with "My Assistant".
Help please!
Rockhound Rider
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<br /><br /><br /><br />It may mean that your Service Officer has not finished with his attachment and they will continue sending those to you every 60 days till the SO does his job. Happened to me and drove me nuts.<br />Pete53: Can you explain more what you mean by my Service Officer sending in some type of Attachment? I have been in regular contact with my SO and she did an excellent job on my prior claim, I trust that she has done what is required of her so far. If I knew what you are talking about, maybe the next time I talk with her, which will be at the time of my next Dr. appointment in ten days, I could ask her to check to see if this attachment, you talk about, has been sent.
Rockhound Rider
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Question for clarification: Is your claim being processed by the FL VA or the CT VA?
Is it only that your travel board is schedule in CT?
Rockhound Rider
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I wish the new Secretary would instigate a procedure by which your claim, once it reaches a rater, that the information would include a numbering systom that would at least indicate where you are in the stack of other claims being rated and once told your claim is being rated, thier is a set time frame that your claim should be rated and moved on to the next stage and so on.
But I doubt the VA will restrict themselves to such a time frame, since they haven't so far improved the total time claims are done in.
Rockhound Rider
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The kidney stones are secondary to the medication that you take for the Sarcoidosis. You also will start to get calcuim deposits in you kidney. Just work a claim with a vet with the same condition.
sharon: I've been lucky so far and have not had to take any medication for my sarcoidosis other than to treat my symptoms. My condition is relatively stable and I am told that the stones are not calcified and that they have a medication I can take to help disolve the type I do have. I just wish that I had the medication now and not have to wait for it to come in the mail. Also I cannot wait to have this stent removed, since I can not stand after sitting for awhile without a bit of leakage, if you know what I mean.
I'm also told I have to watch my patasium levels while on this new medication, so I have to check my Ph levels in my urine every day.
It would just be nice that I could go awhile without some new problem popping up.
Rockhound Rider
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Got my third letter saying the VA was sorry for the delay, that they were still working on my claim.
I'm sick and tired of their appoligies, I want them to to work and do what they are paid to do and not some some lip service on how sorry they are for the delay.
The evidence I submitted was good enough to list my problem as more likely than not, so with the VA reasoning, it should be as likely as not, that at least gives me the benefit of the doubt if not in the three problems I applied for SC as a result of a SC condition, two of the conditions are painful scars whch I documented with photos and my subjective complaint of pain and a cause of periodic ulcerations of these same scars.
The other condition, chronic sinusitis/rhinytis, has been shown by many studies to have a causel relationship with my SC nasal fracture and deviated septum with 50% obstruction to both nasal passages due to trauma, which make it also at least as likely if not more likely than not. These problems, although the sinusitis was noted upon my first enlistment, it was not noted during my second enlistment physical, nor during my hospitilisation. It was only after my fractured nose and deviated septum did it be diagnosed as a chronic condition.
Even during my first enlistment physical, it was only noted on a check list as having had previsous problems with sinusitis, but no diagnoses was made as a result of that information. At no time during my whole time in service was sinusitis diagnosed or found to be a chronic condition. It was the SC injury and obstruction that caused it to progress beyond its normal progretion and become a chronic condition.
Sorry I am ragging a bit, with my most resent Hospitalization I'm a bit impatient with the slow progress of my claim, when it appears to me to be rather a symple one to decide and rate. Any of the conditions I mentioned are only worth 10% each for a total of 30%, which isn't a lot, but it would boost my current percentage to at least 30% which pays, I believe $376.00, which is aa increase of $253.00, if my calculations are correct and amounts are current. To me, that is a tank of propane for about a month to s month and a half during the winter months. This amount alone makes it possible for me to meet my financial obligations on time and with in a decent living budget for once, since becoming disabled. It means I can remain in my home and not be force to sale.
I guess I have ragged enough for tonight, not sure it made me feel any better, but I may sleep a bit easier by getting it off my chest.
Rockhound Rider
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As if I didn't have enough NSC problems to deal with, I just spent the most painful five hours I have ever had to endure, all at the VA Hospital ER. Before they could give me any pain medication they said they had to make sure what I had. That did little to ease my pain.
First off, I wasn't realy having a baby but I could put my pain level up against any woman giving birth. I had a Kidney stone lodged just below where the ureter and kidney meet and was causing a severe bockage, causing my urin to backup.
The stone would not pass and had to have it broken up with a lazer procedure that blasted the stone into smaller pieces that could then pass more easily. The only problem was that after they removed the one stone they knew about, during the procedure they noted another that was behind it and was sucked back into the kidney which made it out of reach of the lazer.
This called for a stent to be placed in my uriter to widen the passage so that it was hoped the stone would pass without to much problem and pain. I now have to go back in a couple of weeks to have the stent removed, since leaving it in would cause it to harden like stone and result in my kidney shutting down.
At least during the procedure they noted that my prostrate which was believed to be normal was inlarged, so now I am on meds to help shrink it down.
First I get ulcers from my meds and now I get kidney stones that may be caused by my Sarcoidosis. I was hoping it had stabilized but you can never tell with this disease.
One miserable guy right now and I would never wish this on anyone.
Rockhound Rider
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John and Ricky,
Thanks for the great info guys.
Rockhound,
Maybe your right, but what we were talking about basing the CUE off of makes perfect sense. You can't change the diagnosis especially from one body system to another with out changing the percentage. If you look at the rating criteria, their two totally different animals.
I understand that they are different, I'm just saying that, even though the percentage appeared to remain the same, the Rater may have only low balled the new criteria, which they are quite known to do. It may only be only a coinsident that the percentage ended up the same as the old diagnostic criteria. Show the rating schedule and how the evidence supports a higher percentage than what it was rated at, during your appeal or DRO.
Also, I wouldn't have to base my CUE soley off of this. I could base it off the fact that every time I sent in an appeal letter(have copies along with fax confirmation) they were for reconsiderations, not NOD's. In none of them, anywhere, did it state Notice of Disagreement. As a matter of a fact, I never used the words Notice and Disagreement. Yet, they put it in their system as such, which obviously takes longer then to reconsider the original claim. There were a few other things I felt I could base my CUE off of, but these would be the best. I have to do something at this point. My VSO decided on his own(he was supposed to be doing something else, pretty much convinced me he was going to be working a miracle for me) to put in for a whole new claim.
I would request a DRO and point this out so that it will be on the records. I once submitted a CUE claim and it was taken as a claim to reopen with new and material evidence. I let it slide because by then I had learned more about the CUE process and could see that the way I had presented it, it did not meat all the standards of CUE. Make sure that your CUE claim does.
Rockhound,
Another thing, if you look further down, at the case I posted, it clearly states...
"[c]lear and unmistakable error is an administrative failure to apply the correct statutory and regulatory provisions to the correct and relevant facts; it is not mere misinterpretation of facts." Oppenheimer v. Derwinski, 1 Vet. App. 370, 372 (1991). CUE denotes "errors that are undebatable, so that it can be said that reasonable minds could only conclude that the original decision was fatally flawed at the time it was made."
If you seen the evidence, and their decision to keep me rated at 30%, you would say the same thing everyone else I showed the evidence said. It's black and white, there is no grey area. I just have to figure out which route I'm going to take. I'm heading there tomorrow to take care of business.
Everyone,
Hopefully I'll get some more advice before I leave tomorrow to head down there.
You guys really have been great!
Rockhound Rider
Who To Believe
in VA Disability Claims Research
Posted
You guys seem to have more knowledge of this subject than I do, I really need to do more research on this and see if I can make an appointment to see this psychologist again.
It makes me upset that when they write up these progress notes, they seem always to use medical terminology that is out dated and doesn't conform to the DSM IV. However I do see this as a Personality change due to a medical condition, as a result of my head injury showing some degree of frontal lobe pathology, that of an EEG showing slow wave form of the frontal lobe, which had not been shown to have resolved at the time of the C&P exam where I was given the diagnosis of a personality disorder, inadequate type, associated with inadiquate educational experience.
More research and clarification is what I need but it being the VA psychologist and neurologist, it may be difficult to get.
Rockhound Rider :D B)