Rockhound

You say you use a PO Box as a mailing address. Check with the PO BOX attendant or manager to see if you can maintain the box and have your mail forwarded for awhile. I would put it to the PO Box attendant or manager that you are visiting an ill/or injured relative for a time and wish to have your mail forwarded until your return. Once you have your claim decision in hand, you can decide if you want make your change perminent and if need be, have your appeal done by your new area VARO or continue to maintain your old address and appeal through your old VARO. If they can not do that, then I would suggest you look for someone, a relative, a close friend you trust, anyone you can trust, to check your box and forward your mail. Changing your address at this stage could be disastrous if the VA messes up the change or like some have stated, it may add addition processing to your claim. I hope your claim moves along quickly before your move, but the VA cares little about your needs or your need to change residents. More than likely the VARO would use your change to pass the claim onto another VARO, just so they can clear it off their books, which in all probabilities would delay your claim while the new VARO places your claim at the bottom of the new Rater's stack of claims. Rockhound Rider ;) IMHO

Semperfi marine: Not everyone has an understanding of the pain and what it does to our personalities, making us appear to be someone were're not. You have shown, to me at least and a few others, that you have taken responsibility for your actions that the pain has caused and that is a great step in changing the perceptions of others. If you continue to recognise where your anger and frustration comes from, you are headed in the right direction to a better quality of life, not only for yourself, but for your family, friends, and even those who do not know you nor understand the pain you suffer each and every moment of the day. I can only imagine your type of pain, it isn't caused by the same injury or process, that my pain comes from, but the end results are very much alike and dealing with it, I think, is also alike. So don't feel alone, those of us who deal with pain in one form or another understand, by stepping up and taking responsibility for what the pain help make you say or do, you enter a club of those who are as willing to help as they are to forgive. HoRaw! Rockhound Rider ;)

After reviewing different means on the side effects of Neproxen, a NSAID, ulcers were indead a known side effect. What I further found out was, that the longer you are on this type of medication, their is a definate likelyhood, that one would develope ulcers. Knowing that the longer a person is on Nsaids, the more likelyhood that one would develops ulcers, the Dr has a higher responsibility to the person to not only monitor the person, but seek out and administer alternative treatments, so that the person does not develope ulcers. To do otherwise, to me, constitute negligence, in that the Dr did nothing to mitigate the probable side effects the longer the patient was being treated with them. To make this 1151 claim fly, I would have to have a IMO state unequivically and backed by some stantard, that a Dr has a higher degree of responsibility the longer a patient is kept on a drug that has know side effects that are more likely to occur the longer the patient is kept on them. Rockhound Rider :D

jbasser: Forgive me for dissagreeing with you, but IMHO the VA has already corrected their Dx error, if I am reading what livingrock has said. The only problem that exists now is a difference of opinion on the percentage that was granted. Even though the percentages may appear to be the same, the two different condition have different rating requirements. The VA is known for low balling the percentage of dissability that Veterans suffer and this may well be the case here. livingrock should appeal the low ball percentage using the medical evidence meets the rating schedule to show how it meets a higher rating. Again, the CUE was resolved when the VA corrected the DX Code. Things may appear to be bad and you feel that more money will make it better at this time, but until your claims are finally dicided to your satisfaction or at least the rightful rating, take this time to check into any program that will help you get by for now, and any that by helping you, help those who are providing a roof over your head. Rockhound Rider :D

I have a call into my VSO but I will take your suggestion and follow it up with an IRIS inquirey. Rockhound Rider :D

That is very much like the neuropsychological tests that I took prior to being scheduled for the TBI screening. If that was what was involved with the screening, it's was no wonder that they told me I was scheduled in error. I still feel that I should have had, at the very least, some time of evaluation ever so often, to first start with a base line and to then be able to determine if there were deficites in physical or cognitive abilities. Saying this is the last one you will need to take just doesn't sound right. brain injuries either get better or they continue to get worse. No matter, it is only logical that you keep having check ups to make sure, one way or the other. Good luck on your results, I hope they are good, but if they are not, I hope the VA treats you fair and gives you an apropriate award. Rockhound Rider :D

Just for your concideration. I noticed that you got a scar SC'd. If this scar causes you pain, you can submit a claim for increase from 0% to 10% if the scar causes you pain and discomfort. If you have documented that you have complained that the scar causes you pain and discomfort, it would help to better your claim. Rockhound Rider :D

I'm not questioning how it reads, but the "No Future Exams" is the same as saying that at this time their are no future exams scheduled. The VA can, if it is noted that your condition has improved, request an exam to determine if it is so. After reading several posts on this subject, I'm not even sure they need to have a reason before scheduling a future exam, but they do have to have a clear and unmistakable reason to lower your disability percentage and that it not be because your condition has periodic ups and downs and they examine you during one of the up periods when it appears your condition has improved. They must show that your condition has actually improved and not just temporarily. Just to remember to maintain your medical records and keep a log of your condition. If your married or have a friend who sees you regularly, have them document what they observe over time so you will be able to show a continuity of symptoms and treatment. Also if possible, have your Dr inter into your medical records progress notes from time to time, stating that your condition has not medically and/or physically improved over time. Rockhound Rider :D

I'm sure this has been covered many a time and some may wonder why I am asking once again, but! Whether the info is correct or not, I called the 1-800 # to get a statis report on my claim and I was told that the decision has been made and that the rating was being written up for approval, that I should check back in two weeks. Usually I am told it is being developted, check back in a month or two and then it is at the Rater's, check back in two to six months, but now I am being told the rating decision is being typed up and to check back in two weeks. Am I getting my hopes up prematurely or should I just plan to check back in two weeks as I was told or do you think my AMVET rep would have more conclusive information? I would hate to bother her on a wild goose chase if the 1-800# attendant was only giving me the run around. Rockhound Rider :D

suspension: Going off my own claim and that yours was submitted in Sept. Then I would suggest that your backpayment would have started Oct. 1st to the month prior to your first deposit, since the VA pays one month in the rears. Don't take my word as gosple but it should be very close. Rockhound :D

I will keep my opinion to the deviated septom and chronic sinusitis. I feel your claim may well have been poorly presented and poorly evidenced. 1. You will need a current ENT IMO to show first that you do indeed have a deviated septum and that the deviated septum was the result of the septoplasty or better still, failed septoplasty surgery. Secondly, you will have to show and have it stated in the IMO, that the deviated septum, as a result of the septoplasty causes a nasal obstruction to both nasal passages of at least 50% or one side of 100%. Otherwise your claim will have no chance of being won. If you win, then this type of claim is only worth a 10% evaluation. 2. Once you have won this claim, then you can try to get the chronic sinusitis evaluated as secondary or as a result of the deviated septum and obstruction of the nasal passages, but here again you will need a IMO both diagnosing you with chronic sinusitis and that the cause was as likely as not the result of your, hopefully now, SC deviated septum with nasal obstruction. You could present these claims at the same time, but it might be better to go after the deviated septum and obstruction first and then with this new and seperate IMO, open a new claim for the chronic sinusitis. Unless you want to and can present your appeal with the new IMO, prove your claim for deviated septum and obstruction before your year is up, you can then appeal the chronic simusitis without having to reopen a new claim. The trauma that the VA is refering to can be covered by the sinoplasty, if you can get the IMO to say that it was this that caused your present deviated septum and obstruction. Good luck, but without a good sound IMO to support these facts, I don't see your claim advancing towards approval. Rockhound Rider SC 10% for obstructive nasal passages and deviated septum due to trauma, Secondary claims for painful nasal scars to each side of nose and chronic sinusitis/rhinitis. Secondary claims rating results being written up as this discussion unfolds. Results unknown at this time. :D

You must be a conservative and/or a optimist. LoL Two years for a CUE claim, what dream book are you reading from, cirtainly your not counting your eggs before your chickens have laid them. Rockhound Rider :D

This is only a guess, but it may be that the TN Veteran Affairs Rep may be telling you that they must represent you, only because they have your POA (power of Attorney) to represent you and your claim. You would have to recend/revoke this POA before one of the other SO orginizations, that you choose, can then accept your POA to represent you and your appeal. What ever you decide, you best get things rolling before your one year to appeal runs out. That time can pass faster than you think, if you don't keep track of it. Make a list of those decisions that you disagree with and then taking them one by one, state why you disagree, listing the evidence in your claim that supports your position. You said that some items you disagreed with the percentage, so look up the rating schedule and compare it with your symptoms and impairments/disabilities to see if the rating does warrent a higher percentage and using this, to explain your position. If you haven't already gotten one, you should think about getting an IMO to further support your position, or if you have, get the IMO Dr. to further clarify or to further support his own findings with a better or a more acceptable medical rational to your condition or problem. Plus show him the rating schedule so that it can help them determine the percentage of your disability. It may furhter help them to clarify and/or support their findings. Plus show him the rating schedule so that it can help them determine the percentage of your disability. It may further help them to clarify and/or support their findings. Again, don't let any more time laps before trying to get your appeal perfected and delivered to your area VARO, (Veteran Affairs Regional Office) not the TN Veteran Affairs, unless you still wish to go through them. Rockhound Rider ;) p.s. My suggestions are not limited to what I have listed, their could be more that my limited knowledge may have left out, for you to consider doing.

On a number of occasions I have supplied neumorous medical and personal records to a number of my VA Dr's. I'm getting a bit tired of having to supply these records, which include my in service medical board findings, C&P exam done on first claim, inservice personel records, medical records from the private sector, employment history, a number of achievements awards, deplomas, and cirtificates. etc. etc. etc. which would help them and any new Dr that I may have to deal with. All of this information is important in their assessment of my health and psychy and gives them a more complete understanding, especially if they are new to my case. Why can't this information be intered into the records as is all of my VA medical records and I don't mean my C-File, although it should be. It's just that this information, although I believe it or most of it is a part of my C-File, my VA Dr's do not had easy access to it, if it was intered into my VA electronic medical files, it would make things a whole lot better and easier. Rockhoun Rider ;) :P

Clown Man makes a good point, although treatises do well in supporting a claim, they will carry more weight if a supporting Dr or IMO makes notice of them and as to how that particular treatises supports their opinion. I submitted two supporting treatises with my latest claim that deal directly on point with my condition, but I submitted them even though I didn't have a Dr/IMO to help support their findings and how it supported my claim. Even if you can not get a Dr/IMO to reference your treatises, submitting them shows the rater that you have done your homework and makes it that much more difficult for them to find fault with your other evidence, so long as the treatises are on point with your claimed condition. Rockhound Rider B)

If you have a sence of humor, you might go out and buy one of those eight ball toys that give you answers to question you ask of it. I could well imagine the answers you get back about how long it takes for your claim to be rated and/or whether you will win or not, or how long it will take for your first benefit check to arrive, should you win, would be about as accurate as any answer you get on these matters. You can never predict how long the VA will take, there are just to many variables, the most major of these is dependant on how good and how pro Veteran the person or persons deciding your claim are. We all hope and feel our claims should be decided within a years time, but history has proven in most claims, this is not the case. The best you can do is keep tabs on your claim, whether it is calling the 1-800 number or Emailing IRIS you inquirey, or checking with your service officer. Pay as much of a hands on approach to your claim as possible and try to be patient without loosing touch at where your claim is, in the process, keeping in mind, even if you feel you have provided all the evidence they need, keep looking for and trying to develop any old or new evidence to support your claim further, should the VA give you an unfavorable decision that needs to be appealed. All the answers here have been good answers based on everyones knowledge and experience. My own experience had my claim approved after 30 plus years and several deniles based on insufficient evidence and/or nothing new and material, but the last claim took only about nine months, start to finish, that I finally won, which is a whole lot better than most claim's processing time. So, just keep a pro active role and keep on top of it as best you can and checking every week or two isn't at all out of the question, but if they say it just went to the rater, then you might be a little patient and give them about four weeks before you start checking with them once or twice a week. I wish you all the best for a speedy decision, one in your favor, and rated properly for the correct percentage due you. Rockhound Rider B) p.s. my current claim is also at the rating stage and I am probably as anscious as you are for a quick decision and another one in the win column.

Carlie and others, next time you have time sincitive mail, you might consider sending it next day or 2nd day air, with signed return receipt. Sure it costs a lot more, but it sure relieves some of that anxiety we have, when we already worry about our correspondences getting to the VA and being acknowledged they have received them. I just hope in my claims to the VARO, that I win at that level, because I have a very good VSO who sees that all my submissions to the VARO, are delivered, either by the end of the business day or no later than the end of the next business day. I don't know how I would handle having to deal with another dept. of the VA. I worry to much as it is. I wish you all the best and that you don't get any run around like some in the past, saying they didn't get something, even when you can prove that they did. Rockhound Rider

If you will please, can you tell us a little about when, where, and how you received your TBI? Is it combat related? was it during a current era war period? What type of TBI was it. closed or open type injury? etc. etc. etc. I ask this, because I have been told personally that the TBI screening is only for current erra, combat related, due to blast concussion and/or head wounds not due to an accident. So if you didn't receive your injury in a war zone and not combat related, then you didn't qualify for this special TBI screening clinic. Sound rediculus, but as a Vietnam era, non combat related, nor in a combat zone, my fall which caused my TBI does not qualify me for an evaluation by the recently formed TBI screening clinic. Personally, I think anyone who receives a TBI while on active duty, should qualify them to be evaluated by the TBI screening clinic, regardless whether it was combat related or just an accident, they should be treated equally for disability and/or compensation. As past war era Veterans we should let our voices be heard on this matter with letters to the new Secretary. It's blatently discriminatory of one era of Veterans over another. Rockhound Rider :P

I was the member who posted about my being refered for TBI screening. Here where I am this screening is done by a Neurologist after being refered by your PCP. When I went to my appointment, it didn't seem to go as I thought it would nor did he seemed to be asking me questions about my head injury, when I asked him about my concerns, he told me that the TBI screening was for the current era combat related head injuries. You would be better served if you could get a referal for neuropsychological testing to determine the status of your cognitive reasoning abilitities. Plus your head injury should be well documented at the time it happened. Such things like, was it a closed or open head injury, where you rendered uncouscious and for how long, did they conduct any tests to assess the seriousness of the injury to the brain. etc., you get the idea. MRI and/or EEG might help, but it's iffy at best, they might not show anything, even though their might still be problems associated to a head injury. It's not right that those of us who served prior to the current conflicts or were injured from non combat means are being denied the same access to medical screening and treatment and to compensation for our injury, but that seems to be the VA way, deny, delay, hoping we will either go away or die before we are finally able to get our due. I wish you luck and hope the policy has changed, but I have that uncomfortable feeling, that they are sending you to an appointment that when you get there, they will tell you it was mistake. Rockhound Rider B)

Can prior evidence, used in an unappealed claim, that was denied, be used in a new claim to reopen with new and material evidence, when you have new and material evidence and by it's very nature, this new and material evidence makes this prior evidence, used in prior claims, material to the new claim? I know for a fact that a lot of the evidence used in prior claims that were denied, are a part of my C-file and although this prior evidence was not deamed, either sufficiant to win these prior claims and/or was found not new or material to reopen a new claim, with the new evidence I have now, this prior evidence now becomes material to show that the problem happened in service, the medical and personal history since then shows continuity of treatment and symptoms, and current medical findings show that the problem persists and is ongoing. I hope this makes since to all of you. I get confused when the VA talks about evidence having to be new and material in order to reopen a claim. Does it matter at all, that besides the one bit of new and material evidence, that the rest, if not most of your evidence has already been used in prior claims? Rockhound Rider B) :P

It is going to be difficult to get the VA Dr/Psychiatrists to connect the dots in a nice little row, since I have two statements written into my medical records by a psychiatrists and one by a Psychologist/Phd 1. Axis one diagnosed Adjustment disorder with major chronic depression and anxiety, supported by findings by Physical/Medical board that stated that I moderately impaired to social and industrial adaptability and that the condition may be permenent. Social and industrial adaptability history bears this out with the current diagnosis. 2. Second Psychiatrist made it clear that they saw no diagnosable personality disorder as discribed in the DSM IV, which is backed by the MMPI I took while in the service and not diagnosed until after service by a C&P Examiner, Plus it was never supported since then. A more recent MMPI backed up similiar findings with no personality disorder noted. 3. Psychological testing indicates that the personality disorder diagnosed by the C&P examiner was probably due to the brain trauma and that the depression disorder was caused by the same truama. This is born out by service and medical records that showed the inception of these problems occured only after the head injury and both personal and medical history since that time also bears this out. The best that I can show without an IMO that ties all this together would be, a at least as likely as not senario. Although I personally believe their is more positive evidence in support as their is negative, but my opinion means very little to the VA. Since I already have a Axis I diagnosis of an adjustment disorder with depression and anxiety, I'm wondering if I shouldn't try to SC this using the brain injury and cognitive impairment as the contributing factor? Rockhound Rider B)

Due to new findings by way of a Neuropsychological test, that show minor to severe impairment to cognitive functioning, I am considering submiting a claim as a result of a head injury that resulted in a nasal bone fracture and minor cerebral concussion. The nasal bone fracture was SC'd but the minor cerebral concussion was not and has been denied each time the claim has been renewed. Now however, I feel I have enough medical evidence and supporting history, to show that the cerebral concussion not only caused problems associated with cognitive impairment, but that it was as likely as not the cause of the personality disorder that the VA used to deny my claims of a psychiatric condition I had during service and the cause of the adjustment disorder and mood disorder I have suffered since then as well. I currently have and adjustment disorder with depression and anxiety that is an Axis one diagnosis but is looked upon by the VA as NSC for pension purposes. I believe the evidence now supports that these conditions were directly and/or indirectly caused by the cerebral consussion I had while in the service and the neuropsychological tests bear this out. I need some help in how to present this claim, so that the Axis I diagnosises and the cognitive impairments are covered. Any help is apprecitated and if you have additional questions, I will indever to answer them to the best of my limited abilities. Thank you, Rockhound Rider :D

I cannot begin to understand the anguish and pain that someone who has been raped goes through everyday of their life, I can only but impathies, if but for my own psychological problems as a result of my time in service and the treatment I have received from the Veterans Administration's claims process. Treatment or lack of it, by the VA hospital system is a completely different but paralell problem. I can count the number of times I have received any form of therapy with one thumb on one hand, the rest of my time is being served by pharmacological ways. My view on being seen by interns is very much one sided, I do not like it and I feel the interns needs are being better served than mine. I feel the interns are using us to justify their own research for their Phd theases and try to fit our problems to meet those needs with little regard for our treatment and or current psychological status. I'm always concerned when my Psychiatrist/intern says something that triggers a response from me, since the type of response I tend to give can end me up as an inpatient. Their are at times, that is exactly what they are trying to do, so they would have more imput into their paper that is needed for their Phd. I'm glad that you had the fore thought to write down your reply so you would have time to proof what you planned to say, for surely if you had responded at that moment, it would not have ended up in your progress notes positively in your favor. Rockhound Rider :D

Sorry I missed your original post, I was a bit under the wind and haven't been on line as often as I would like. I too would like to read/proof what you have done with your claim. Rockhound Rider

Here's hoping things work out for you. Rockhound Rider :D