Rockhound

Thanks Wings: I can't help but find VHA DIRECTIVE 2007-013 so disrimintory to those Veterans who came before this corrent group. It is clearly documented in my service medical records that I had a mild cerebral concussion due to trauma. The trauma was SC, but the cerebral concussion wasn't. That same cerebral concussion today is considers a TBI, yet the VA is not required to do anything to locate Veterans of my era or any other era, to be evaluated for any lasting effects of there TBI, that was not otherwise in receipt of current evaluation and treatment. I wasn't in combat, but I none the less had a TBI. The only testing and treatment up till recently was only done by my inservice Dr's. VA has up till now ignored that many of the psychiatric problems and/or personality changes, could be the result of my inservice TBI. Now, with the lack of proper early screening and treatment, it is likely my problems or conditions are now perminent and/or untreatable beyond what I am being treated now. Acoding to the Directive, since I do not meet the Combat era, screening is not needed, so it is going to be interested what will happen at this TBI screening exam. I wonder how it makes other Veterans, who have had TBI's while in service feel, when such a Directive comes out and seems to ignore their injuries over those of another group of Veteran's? A TBI is a TBI regardless when, where, and/or how it happened. Why single out a particular group and era of Veterans, when a TBI doesn't make any such differentiation? Rockhound Rider B)

I'm sorry if what I have to say here may affend you or any others in situations such as yours, but with your current attitude of negativity and poor me and dam them, isn't going to help your claim progress in the direction you want. Take it from someone who has been their and done that. You must take a pro active attitude towards your claim and listen to the advice given to you here. If you have been around very long on this site, you will note that some of the people here, myself included have had claim issues with the VA for a very, very, very long time and are still not about to give up for what they believe is rightfully due them. As far as the law is concerned, in civilian matters, the VARO could care less, when evaluating your claim. You may very well have a civil suite against your prior employer or who ever represents them now, that is your choice to proceed with one or not, but it is not going to help you in anyway with your claim. You must prove, by medical evidence that your SC condiion was not only the cause of your imployment termination, but that you can no longer hold down any type of job, that provides for a substantially earned income. This means any job, as long as it pays above the earned income guide lines for poverty I believe. They don't care if you were making much more than this, only that you can no longer work. This is why others have suggested that you apply for medical retirement or SSDI and get a IMO/independent medical opinion that shows a nexus with your SC condition to why you can no longer work or that your condition warrents a higher evaluation than it does at present. 10%, regardless of how your hearing assisting devices make you look, is not going to get you TDIU, unless you can prove, unequivicaly that for this reason you are not employable. Not that you couldn't or anyone else, but I doubt you will get the VARO to agree and if you think the civilian court system is slow, wait until you try and take your claim all the way to the COVA/Court of Veteran Appeals. I have so many problems/conditions, I get finger cramps and brain freeze just thinking about having to list them. Depression with Anxiety and having to make adjustments in my life because of them is the hardest of them all to deal with. Physical and other medical issues, you usually know what to expect or the bounderies you are confronted with, but when you add mental problems on top of them, your whole world comes crashing down around you and you feel the whole world and everyone is out to get you and to keep you down as well. That's the negativity I spoke of earlier, it only leads you in a downward spiril and if you don't pull yourself out of the spin, you will end up crashing. Don't expect not to crash, but you must do what you can to make the crash into a hard landing you can walk away from and start again. Don't be afraid to seek out help where and when you need it and if it seems like there is none, keep looking, eventially you will find and get the help you need, whether it be for yourself or for your claim. Remember this, once you have applied for a claim, keep working it, appealing it, use every avenue open to you, but above all else, keep looking for evidence to help support your claim, read the CFR regs and the USC codes regarding your conditon and the reasons they give for denying your claim. prove by the medical evidence and the Regs and VA Laws that they are wrong. Good luck, post us your progress or if you have other questions or even if you need a pep talk, we're not here just for information, we're also here for support. Rockhound Rider B)

Wings: Very little more than what you have posted on the C&P exam. Thank you for posting it here. After I had some rest from my trip to town, my mind was thinking more clearly and found this same exam by making a search on the va.gov sight. I'm not sure nor do I expect this TBI screening exam to be quite so thorough. I vaguely remembering the scheduling clerk saying the exam will take about 40 minutes, that I will be asked a lot of questions, but she was no more specific than that. I plan to provide the examiner a copy of my medical history from my time in service which documents my injury and all the exams and tests they conducted and as much of ther results as I can, also I will include any other medical reports that I can, at least any that are not a part of my electronic medical records at my VA Hospital. Of course I will high light any exams, such as my neuropsychiatric test results, that I feel are directly positive to my head injury and cognitive functioning. I thank you for your time and research and replying so quickly. I was further hoping that maybe some one who had already been through one of these screening clinics could imput their thoughts on this topic, be assured that I will be posting as much on it as I can remember once my exam is over. I guess this screening clinic is more geared to combat veterans, since the directive came out about injured Veterans returning from Irak, Afganistan, and other areas where Veterans are subjected to combat related head injuries and cuncussion type explosions. One thing I am curious about, I have a study that has evaluated patients, 30 yrs post concussion, that shows the corrolation to the problems I have been having and I the ones I am still having. I wonder if I should put a copy of this study in with my medical history info packet, just to let the examiner know that I am aware that my current problems and or condition could as likely be caused by my prior head injury, since thus far, all my medical evidence is pointing that way. Thanks again and I hope to here from anyothers on this subject and discussion. Rockhound Rider B)

Hell of a XMas Eve present, I am schedule for a TBI screening exam on Dec. 24. I had to find this out the hard way. I went in to discuss my most resent corresspondance from the VARO with my Service Officer, who has her office at the VA Hospital. While their I did some checking to see how much longer it was going to be before my Requested MRI would be scheduled so that I could then see the Neurologist about my cognitive dysfunctions and probable cognitive personality syndrome/disorder and cognitive depression disorder due to brain trauma. Low and behold, no MRI was scheduled and I was told that a consult with the TBI screening clinic was pending. I'm glad I took my pills today before I left home or I would have probably ended up on the 5th floor psych ward again, But I kept my cool as it were and did some leg work of my own and was able to talk with the scheduling clerk who would have otherwise not gotten around to my appointment until after the new year. I had a choice of doubling back on back to back appointments next tuesday & Wednesday, 16th & 17th I believe, but I already have two days this week to go to the VA Hospital, so I took the only day they had the following week. I almost had a knee jerk reaction when she told me it would be on XMas Eve. Anyway, long story short, does anyone know what goes on in a TBI Screening Exam? Is there an exam sheet, like their are for C&P exams? Rockhound Rider B)

I have found that, although SS programs are administered by the Feds, each state has a different cost of living range on your initial award. Which means if you earned as much as I did, but live in a different state, your monthly award may be higher or lower. Also their are state programs that piggy back on SSI disability claims. California has such a program for the blind. My sister is under such a program, but would like to move to Nevada and live with me. should she do that, she would loose about half of her monthly award and since she would be living with me, our combined income would make many programs unavailable to her, that she would have otherwise been eligible if she were to live on her own. It would put her in a catch 22, since her award in Nevada wouldn't even pay for a cheap Motel room. Rockhound Rider

I hope you have considered and/or gotten an IMO by now on your condition. Don't leave it entirely up to a C&P Examiner to see things in your favor. Rockhound Rider

If we get Universal Health Care, you bet the government is going to see that qualified Veterans will only get to be seen by VA Dr's. It will be like government programs in my area, since I have, even one SC condition, other government sponsered programs will not accept me. So If your already using the VA Health System, the government is not going to let you choose which one you prefer, they will make that choice for you, You Can Take That To The Bank and Count On It. Rockhound Rider ;) :( :o

Rockhound Rider

First off, I have already had the neurological tests that showed cognitive dysfunction and was probably due to trauma. She told me it would be up to the neurologist to determine the cause. I am already disabled sufficiently from NSC issues that have led me being awarded SSDI. I need to access those issues that are or could be SC, to determine if those conditions are sufficient by themselves to keep me from working at any job. My history with VA specialists has led me to believe that once you have seen them once, your not likely to see them again unless your condition worsens. Their not like seeing my psychiatrust every three to six months or if my psychiatric problems need immediate attention or scheduled visits to my PCP. So you see, if it is a one shot deal, I'm not so sure I have the time to develop some repore with the neurologist like I am able to do with my PCP or Psychologist. The paper testing is done, with nothing definitely saying what the results ment as to my ability work at a substantially gainful job. The led me to believe that the neurologist, who is a DR and specialist would have to make that determineation. Of course the VHA is good at passing the buck. Rockhound Rider

When I finally get my consult with the VA Neurologist, how difficult would it be to get him/her to enter a medical statement into my electronic medical records, that is if he/she agrees, that due to my difficulties with cognitive dysfunctions, I would be unabel to secure or follow a substantially gainful occupation? Is this the kind of statement that they are required to make, upon request, since it deals with a Veterans functionalality? Rockhound Rider

(Here is a part of my corrected VCAA notice of my current claim): Dear Mr. After careful review of your file it has been brought to our attention that you didn't receive accurate correspondence for your claim for Painful scars- with ulcerations on both sides of nose secondary to residuals, fractured nose and Chronic sinusitis infections with non- allergic rhinitis secondary to residuals, fractured nose. Please accept our apologies and this letter will help clarify our previous mistake. Please be advised that we are continuing to process your claim filed October XX, XXXX We are working on your request for secondary service-connected compensation for: . Painful scars With ulcerations on both sides of nose secondary to residuals, fractured nose . Chronic sinusitis infections with non- allergic rhinitis secondary to residuals, fractured nose This letter will give you information about what we will do, how long the claims process will take, what you can do to help us, and when you will hear from us. Please see the enclosed attachment "How You Can Help and How VA Can Help You" for more .information about your claim. What Do We Still Need from You? We need additional things from you. Please put your VA file number on the first page of every document you send us. (This correction was necessary since it is not a claim for increase, but a claim secondary to residuals of my SC Fractured nasal bone). Rockhound Rider

Berta: I think you could have your dates wrong, the date you list is for those who served fighting in country Vietnam. Vietnam era is listed as: (I hope I am not reading this wrong!) (f) Vietnam era. The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases. (Authority: 38 U.S.C. 101(29))

I believe the idea was, that if the premifacia claim can be verified by service and medical records, then the Veteran would receive a 30% rating while his/her claim is being more closely adjudicated. Not that they would be awarded 100% right off the bat. The 30% award would remain in effect, even if denied, until either the Veteran lets the decision stand or during the appeal process has been completed. I do however believe that they must appeal within a much shorter period than the one year we have now to maintain our EED in tact, in order to at least maintain the minimum award of 30% during the appeal process. THIS INFORMATION IS ONLY MY OWN OPINION FROM WHAT I HAVE READ IN BITS AND PIECES AND IS ONLY RUMOR AT THIS POINT IN TIME. As we all know, there has been these types of rumors and/or promises in the past, that have never materialized. Only time and action will tell us if any of this happens or if anything improves at all. We actually do not need a new system. If the old was run as it was intended and the rules, regs, and laws were obeyed and properly applied and the claims process was shortened, then maybe pigs can fly. Sorry! I was dreaming there for a minute. LoL Rockhound Rider :D

Pete 53 has the correct avenue or approach. Ask your PCP for a consult with physical theripy to access your ability to safely use or ambulate with crutches, or better still, you might ask for a consult to their wheelchair/scooter eligibility clinic. Rockhound Rider

§ 3.17 Disability and death pension; Mexican border period and later war periods. In computing the 90 days' service required for pension entitlement (see §3.3), there will be included active service which began before and extended into the Mexican border period or ended during World War I, or began or ended during World War II, the Korean conflict, the Vietnam era or the Persian Gulf War, if such service was continuous. Service during different war periods may be combined with service during any other war period to meet the 90 days' service requirement. Only one of those days must have been served during a time of war and like Philip said, they don't have to have actually served or faught in the war zone, only during the time the war went on. But like Philip also stated, there is a means income test. If you are working or not, if you are receiving any type of finanacial earnings or assitance, it may be subtracted from the pension maximum or if it is more, then you become ineligible to receive it. However, their are exception that would reduce your means income, such as medical expenses you pay out of pocket. If you need any other type of help, other than with the VA, If we knew what state you were in, there might be someone who is a member here that can direct you to other sources of help in your area/state. We also have a forum section that deals with Social Security questions and information. Rockhound Rider

Can you CUE a claim that was denied where by the VA Rater gave an inadequate reason or bases for its decision? Where by the VA Rater failed to adequately discuss evidence in favor of the claim. Rockhound Rider :D

Turkey_Day.doc Rockhound Rider

Had a message on my phone when I got home from shopping today, it was from the scheduling clerk for the C&P exams. She told me she had a call from the VARO and cancelled my upcoming C&P exam because of the mistake they made in what the exam was to include. She said that their may not be a need for another exam since I had one not to long ago, which was for my SC condition. So now it's a waiting game again, to see how long it takes them to either make a decision on my claim or whether they find it necessary after all to request a new C&P exam. I do believe their is enough evidence, with photos, to prove the painful scars claim and my treatment records and prior claims should show that since the SC nasal fracture and deviated septum, I've developed chronic sinusitis and rhinitis due to the obstructed nasal passages. With the added medical literature showing a link between deviated septum and obstructed nasal passages, showing it is at least as likely as not, I feel confident that I will win this claim also. But like we all know, the VARO doesn't always see things the way we do. I was less optimistic when I got an increase to my SC condition, maybe I am being a bit to optimistic this time around. All I can do is wait and see. Rockhound Rider

Thank your lucky stars and at the very least, get yearly chest Xrays, since lung involvement is the most prevelent. yearly blood tests wouldn't hurt either. Rockhound Rider

It was a VARO Rep. The caller ID on my phone was 800-827-1000, As to a claim that has already been awarded and you are asking for secondary issues, you better make sure they are clear on this or you may spend more time getting it straightened out, if they deny it for an increase. My award's highest rating is only for 10% and a claim for an increase of it would automatically be turned down, unless you can either show that it was rated under the wrong rating/DC or for secondary conditions as a result of the SC Condition. Evidently their is a difference, since the C&P exams are different for an increase v. secondary conditions. If you get the wrong exam, you may be denied and then your stuck in the appeal process or a DRO hearing and hope you can get it corrected there. Even the VARO Rep stated this. Plus my SC fractured nasal bone and deviated septum award is rated as part of the skeletal system and the secondary conditions are chronic sinusitis and Rhinitis due to the obstructed nasal pasages. also I have painful scars on each side of my nose, which are due to the fractured nasa bone, and because I have to wear glasses, the nose pads tend to cause ulcers and subsequent scar tissue over the area where my nasal bone was broken. The sinusitis and rhinitis will probably be rated as one, but the two scars must be rated seperately which are by rating, only worth 10% each, so if I win my claim, the least I should get would be three 10% awards, which would bring my total to four 10% awards which I believe equates to 30% total. Rockhound Rider

A rep from my VARO called me today and informed me that they had made a mistake and had not listed one of my secondary conditions, I had listed in my new claim, on the C&P exam I was to be scheduled for. They had already sent out a VCAA letter and a letter saying they were going to schedule a C&P exam, but the exam they had scheduled did not consider this missing secondary condition. After discussing the error and all, I noted they had also made another error in that they were looking at the claim as a claim for an increase and not as a claim for secondary conditions. The claim was to SC secondary issues as a result of the already SC condition. The rep said they would be sending me out another letter with the correction in it and that their may not be a need for another C&P, that they will have my previous medical records reviewed by their medical reviewer to see if their is a need for another C&P exam. This is a first for me, has anyone else had such a call and were able to seemingly get things straightened out? Of course, only time and this new letter will tell me for sure. I can only hope. Rockhound Rider

I too am a Navy Vet who was diagnosed with Sarcoidosis, but it was about 30 years after my time in service. The person who said his sarcoidosis went away has been given some wrong information. Sarcoidosis will go into remission or will stabilize, but it never really goes away. It can remit or become active again at any time in your life. The VA uses the fact that there is very little known about this disease and what its exact cause is from, to deny Veterans SC for it. The fact that you can be exposed to something like the skid paint dust aboard ship and not have any signs and symptoms of Sarcoidosis for many years afterwards only goes to show how insidious this disease is. It can affect any organ, lymph node, cross the brain barier, nerve tissue, connective tissue and cause arthritic like problems with every joint in you body. Not every case is the same and at the present time their is no known cure, although their are two different schools of thought for its treatment. Prednizone/Steroids is one and a coctail of a antibiotic and other drugs is another. Steroids will slow the progression of an active case, and the other appears to alleviate the symptoms and progression, but is a life long treatment and not yet widely accepted by the general medical populace, since the effects of long term use of this antibiotics is not yet known I'm currently rated at 30% NSC for Sarcoidosis and it effects my joints and connective tissue along with nerve involvement, all of which cause me a considerable amount of pain and inflamation. My Sarcoidosis is listed as stable but still active in that none of my symptoms have gotten any better since my diagnosis. If anything, they have gotten worse, since I have mobility issues requiring the assistance of an electric scooter, provided by the VA. I've been rated at RII without lung involvement, but since it is stable, no treatment is recommended. I wish anyone luck in getting their Sarcoidosis SC. Each Veteran who does, only helps the next one afflicted with this Autoimmune disease. Rockhound Rider

Just a thought. If you only requested his SMR, then you should put in another request for his military service and/or personel records. Their may be helpful information in them to help you further search or document his kidney problem or locate people for buddy statements. Rockhound Rider

Before I knew I would get SSDI, I was told that if my SSDI award was less than my pension amount, the balance or difference between the two would be the amount of the pension check, since any reportable income is deducted from your Pension check. The same applies to the amount you make for a SC condition, you do not loose your SC award, rather it is reportable income and is subtracted from your Pension amount. But to receive a NSC Pension, you must be TDIU If my SSDI had been less than my Pension amount, it would have had to have been reported as reportable income, and then the VA would have subtracted that amount from my Pension check and that total would have been what my check would have been. But in my case, my SSDI check was more than my NSC pension, I no longer received a check for my NSC pension. Rockhound Rider

I guess if Ricky can understand what I said, then I guess others can too. LoL :D LoL LoL At least a pension helped me thru while I was getting my SSDI award, I think it even helped in my case, that is that the VA found me TDIU for a Pension. If it helped me, then I am sure it could help other Vets who can no longer work and have no other means of support. Just remember that the VA requires you to report any reportable income you may get must be reported to them, the month you receive it. Watch what you put in the bank and if you get a cash gift, hide it in you mattress, not in the bank, if you understand my meaning. I'm not advocating this approach, but just letting you know how it is. Rockhound Rider