donews

Thank you all! So...... anyone know any good doctors? Currently all my health concerns except emergencies are cared for by the VA ....... Yes, its like handing the enemy a loaded gun and turning your back on them. When I have emergencies I am transported to the closes hospital. I know about Dr. Bash, but I do not have funds available for something like that. Anyone have a creative ideal for getting an opinion for something like this?

LarryJ, Congratulations!!!!! You are correct, NEVER QUIT! I am learning to keep pushing until they give us what they are supposed to. Donewsome

Thanks in advance for your time viewing or replying! Since poring through my records after many helpful suggestions (special mention of Bertha, Thank you), I am realizing I will probably have several complex claims to address. Now that my blinders are off, I have been finding mistake upon mistake in my Ratings Decisions. Is it wise to send them all in on one or two NOD / Request for Reconsideration / SISC forms, or should I individualize them? Will it slow things down if I bombard them with several complex issues at once whether or not on one or many forms? Potentially I will be filing for TDIU, Change of EED on on several conditions, SC for six conditions not previously requested, An increase in rating for at least 1 condition, also I found some conditions that I requested SC for but they were never adjudicated (not sure what form of request I will need to file on those), a potential PTSD claim as well (at least according to the Va Metal Health Doctor I saw). I have been told in the past that they can only adjudicate one claim at a time, but then I have also been told thats false. Any opinions or anyone have a simular situation? Please do speak up. Donewsome

Thank you in advance for your time reading or replying. Sorry if the Topic Title is confusing. Here is the situation: I am a Vietnam Vet that has a combined SC rating of 70%. I have SC DMII, Left and Right Leg Peripheral Neuropathy, Diabetic Retinopathy, Gastoparesis, and Several SC Heart Diseases. In July of 2006 I was visiting my son in CT for the month. One day while watching my grandchidren play in the swimming pool, I got up from my chair to do something, and lost my footing due to my not being able to tell where my foot was. This happens frequently due to my severe bouts of dizziness and due to my Neuropathy in my feet and legs. I fell backwards and broke/fractured my right hip. I had to have surgery in which they placed metal pins in my hips. I had to spend 3 months in CT (2 Weeks in a hospital and 2 and 1/2 months in a nursing/rehab home) before I was well enough to travel back to my home in NC. Since the injury, I have to now use a walker/cane/scooter to be able to get around. One of my legs is now actually so much shorter that then other that I need special shoes, the inserts can't make up the difference. I have chronic pain directly in the location of the surgery. I can not sleep for more than 2 hours before I wake up and need to move positions in bed to try to be somewhat comfortable. I can actually feel the screws/pins in my hip. They actually jut out and make it hard for my to have pressure on that hip. Is this something I can get SC for? I am dangling the thought process of: Since my SC meds which make me dizzy or my Neuropathies which cause me to have poor footing or my SC Heart Diseases which makes me dizzy as well are the cause for my injury, the I should receive SC for the injury as caused by or secondary to my SC conditions. I have documentation going back to 2004 showing constant bouts of dizziness and falling due to my Neuropathies, Meds, and Heart Diseases. I also have the medical records from the ER I was taken to but they all just state that I lost my footing/ tripped / fell backwards and broke my hip. I just wanted to get a few opinions before I (ie my son lol) spends time developing a claim and attempting to get a IMO if needed. Maybe someone out there has had a simular type of claim before, maybe someone has had an new injury cause by a SC condition and filed a claim. I would love to hear from you.

I noticed a post about getting off topic in posts. If anyone sees this as being to far off please do tell so I can start a new post. I really don't want to make things difficult, just the opposite, I hope the discussion help others. Donewsome

Bertha, Thank you. Your right! I have already been contacted by another veteran looking for more information to develop a SC claim for some of the same conditions I have. Yes, I am going to call my local SSA office to attempt to obtain my records. I have an SSA office less than 15 minutes from my house. It would be really nice if they had my file. I am definately working (well my son is) a "Request for Reconsideration" on the Original DMII claim. I will do the same for all the other conditions as well. I am finding some very conflicting information about the possibility of getting the EED changed. I have been hopeful, because outside of the Nehmer V. VA I have found some interesting uses of other REGs (not sure if va or just reg law) that have amounted to EED going back many years. It most definately can not hurt to go for it. As for the Heart Condition I just received the Full Grant of SC 2 weeks ago because the Heart Disease was aggrivated beyound its natural progression. I originally requested that I be given SC for the Heart Diseases as they were cause by my DMII not just aggrivated by. I had a top notch Heart Doctor write me up an opinion, but it wasn't quite a "as likey as not" opinion. According to the Rating Decision I received 2 weeks ago, the reason I got the grant came down to 1 c&p examiner stating my Heart Disease was not SC but never gave a rational for his decision, 1 c&p examiner saying my Heart Disease was aggrivated beyound natural progression due to SC DMII, and then my Heart Doctors opinion of it being probable that my Heart Disease was caused by the DMII again tho my Doctor gave no rational for his opinion. This being the case (Banging my head on the desk) (I now see why they went with aggrivated by) they gave me SC. As for the person that said I couldn't get teh earlier EED, yes it was a rep at the 800#. I will be keeping up on the NOD's for sure. So far the only one I have let slip by was the Depression claim. I never filed an NOD on it because the rating decision stated that my Depression was cause by my Heart Diseases. Since they were not SC and I didn't have and opinion from a doctor to support my claim, I felt it futile. Yes I know I know beleive me my head hurts from banging it on the desk. I am punishing myself for this one. I will just have to live with an EED of my new request for SC for the Depression. The oddity I find at the moment tho is that the C&P examiners actual report doesn't give an opinion stating what the Rating Decision shows. The Rating Decision states that my Heart Disease is the cause of my Depression. The c&p examiners note for that visit show a gaf of 52 and staes different things about my depression and heart diseases, but she never gives an opinion as to SC or not. It actually states no opinion was requested in the notes. Oh well we will see what happens.

Bertha, I think I need a message template that has your name and thanks already set up. (lol) As for the TDIU form I will be sure to include that information. Yes, it will take many sheets to explain the side effects of my SC meds. I am currently at about 25 SC meds that I take daily. As for VA Voc Rehab, on my original request I stated my reason as "To become eligible for some form of employment if deemed possible or to gain independant lifestyle if I can not work. I had an initial appointment with them and the Voc Rechab person I was assigned to said he was going to probably refer me for the Independant Living Program due to my disabilities. Unfortunately I have been hospitalized several times since then and have not had the chance to have a return meeting. I assume my file is closed in Voc Rehab. I am assuming since the SSDI medical reports and records state that I am unemployable due to my Heart Diseases will probably help my cause. I just need to figure out where to get those records.

Bertha, My son says thank you for the pop on the back of the head! He said after reading your posts, he has found numerous problems and questionable items dating all the way back to the very first request for information after our original application. So for requesting the change in DMII EED what form what I use to request this? Or is it too late to fight the EED? As for the High Blood pressure (HBP , HTN) even if I have medical evidence saying the HBP is more than likely due to your SC DMII and/or SC heart disease will the VA rate it and SC it even if its no longer a problem? I haven't had a diagnosis of High Blood Pressure in medical records for at least 3 years or more. Yes I did mention it was atherosclerotic heart disease that the C&P examiner said I had, but I don't think he eluded to it being SC or not. I plan on filing NOD's for all the things I found wrong in this most recent decision, including the rating % of the SC Heart diseases. So I need to file a Request for Reconsideration on the EED for the DMII? or on the recent award? I think I am missing what you were conveying on this particular issue. My understanding from what you previously posted was that I should be able to get an EED of 1 year prior to the 2005 filing on my DMII if I have proof of having DMII before I filed. Is that Correct?? I am not sure what you might mean by asking for an EED change on the Heart Disease as they set the EED the same as the DMII because they were both filed for at the same time. I have several quotes from people / firms that give IMO's, but even tho most agreed to a decent discount due to my son being willing to do all the leg work possible on it, it still costs a ton, due to the multitude of my health conditions. I will have my son work the phones again and see if I can get another pro bono opinion from some of my local doctors that I used to use. I use only the VA for medical care currently. I hope to get Medicare Part B soon, if so I can see some local docs and hope for some help with IMO's from them. My old Heart doc gave me a IMO that helped with this last decision giving me the SC for the Heart Disease. IT came down to a "Benefit of Doubt" type decision, but without his IMO it would have be no sc instead.

Well, My son just showed me the original application for benefits. It has some interesting information in it. He showed me VA FORM 21-526 Part D Pension. On this form Section I Question 1a is: "What disability(ies) prevent you from working?" My written response was: "Congestive Heart Failure, Insulin Dependent DMII, Coranary Artery Disease, AICD Implant, and Septic Arthritis." On this form Section I Question 1b is: "When did the disability(ies) begin?" My written response was: Blank. (We had no ideal as to what date to put for the onset since the DMII started way back before the 1980's.) On this form Section I Question 4a is: "Are you now employed?" My written response was: "NO." On this form Section I Question 4b is: "When did you last work?" My written response was: "07/07/2003" My son seems to think that I can go for TDIU and ask for an EED of Mar/2005 due to this information being on this form and therefore should be considered an informal claim for TDIU. Do you think that would fly with the VA?

Bertha, Thanks. I will ask them to reopen the Depression claim and request the original filing date as the EED. All they can do is say no and approve it with the reopen date as the EED. Then if I can get something done on the DMII claim I will just push this again for a new EED. The heart disease was filed for in Mar/2005 and that is the EED they gave me for the SC Heart Disease now that they are approved, but that doesn't do much since they rated me at 0% for the SC heart disease. There is no backpay because of the 0% rating. I had my 1st heart surgery in 1996, it was a quad bypass. Since then I have had 2 more open heart procedures. I have also had 3 AICD implants surgically removed/replaced. I have stents in my heart, knees, and legs. As for the TDIU I have never formally requested one and as far as I can see, the VA has made no mention of my unemployability. All this is coming from the Winston-Salem NC RO Yes, I am insulin dependent DMII As for my son, once he read your comments, he headed off into the garage to get the file boxes and I havent seen him for several hours now. I imagine he is pouring through all the decisions. Once he started checking the last 2 decisions, thankfully due to your questions, he has found numerous errors. Even found 2 disabilities that were filed for but never ajudicated by the VA and no addition requests for information on them from the VA eith, so I am not sure what happens if we request a sc for them but the VA drops the ball. As for the DMII I have private medical records datig back to 1980 showing highly abnormal A1C and hemoglobin tests. I think I also have records showing treatment and diagnosis for DMII dating back to 1980. I orginally filed for the DMII in Mar/2005 and that is the EED they gave me. I contacted the RO because of a form I received from them stating an earlier EED might be applicable if I have records showing earlier treatment for DMII. When I asked the RO about the EED and an earlier date, he said I did not qualify for an earlier date, he didnt want to see my records, he just said it wasn't possible. HBP (HTN) ? You mean High Blood Pressure? and What is HTN? Anyhow I have had High Blood Preasure for years in the past, but now it has been under control for several years, so I never ask for a SC to it.

Bertha, Again thank you. The link was wonderful. I pulled information about 3 of the items they just gave me SC for and this is what they read: 7006 Myocardial infarction: During and for three months following myocardial infarction, documented by laboratory tests....................................................................100 % Thereafter: With history of documented myocardial infarction, resulting in: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent......................................................................... ........................ 100 % 7017 Coronary bypass surgery: For three months following hospital admission for surgery................................... 100 % Thereafter: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent ......................... 100 % 7020 Cardiomyopathy: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent.......................... 100 % In each an every one of these listed above it states that its 100% if there is: Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or;left ventricular dysfunction with an ejection fraction of less than 30 percent. I think the key here is the word OR. It is placed between Chronic congestive heart failure and the other 2 possible reasons for a 100% rating. I was hospitalized at least 10 times for CHF last year alone. They stated somewhere in the rating decision that they c&p examiner noted that I was seen atleast 3 times that current year for CHF flare ups but that my current CHF status was stable and under control. I am under the assumption multiple occurences over the year = chronic. Weather or not it was stable at that time I had 3 previous occurences that year and have had occurences since then as well. As for the other 2 listed possible reason for being 100% no I don't meet those definitions. My Mets supposedly are 4 and my Ejection Fraction Ratio is 35%. I think they are trying to get over and just hope I don't appeal it. Well, I am now convinced I probably should just go ahead and appeal. Also I noticed on the rating link you gave me that it lists an AICD implantable device. I have one of those. I just realized as well that the examiner noted a heart related conditon that I didn't know about as well. He stated I have Arteriosclerotic Heart Disease. I think I need to look for someone to give me an opinion as to weather or not I have Chronic CHF and weather or not my METs is actually 4 or not. Just found the gem of a line in the c&p examiners notes: " The examiner reported the only aggravation of your heart condition due to diabetes is increased instances od pitting edema. He reported that the degree of aggrivation due to pitting edema could not be stated without resorting to speculation". It appears each time I read this ratinf decision I find something new to think about. Well I am off to read this thing again and take notes of all the things I need to address. Thanks again for all your time and help.

Bertha, Thank you fro replying. Here is what I am slowly concluding (sometimes my brain is slow). They appear to have giving me service connection for my non service connected heart diseases due to the agrivation beyond natural progression. here is a few lines from my rating decision explaining the 0%: "Service connection may be granted on a secondary basis for non service connected conditions which chronically increase in severity beyond the natural progression due to service connected conditions. Only the increase in severity beyond the natural progression will be service connected. According to medical evidence your baseline disability due to your heart condition is considered 60% disabling based on a METs of 4 and episodes of congestive heart failure. The baseline percentage of 60% is deducted from the current level of disability; in this instance, a 60% baseline percentage when deducted from the 60% current level of disability is equal to 0%". According to the rating standards it states that Chronic Congestive Heart Failure or dah dah dah or dah dah dah etc is grounds for a 100% rating. I have Chronic Congestive Heart Failure. Even in their statement outlined above it states that I had episodes of Congestive Heart Failure. I think this is key as what is the definition of chronic? Either way in my VA and non Va medical records it reflects 10 + visits to the ER every year for Congestive Heart Failure. Yes, I do get SSDI. I received SSDI due to my SC Heart Diseases and my SC DMII. I have not formally requested TDIU because until I received the addition rating for Gastroparesis in Nov/2007 I was only 50% SC. But now that I have a SC for the Heart Disease and my multitude of SC disabilities, I will be filing for TDIU. I am going to work the angle using their own words that even tho I have an effective rating of 0% they did state that my heart disease is 60% disabling. We will have to see how it goes as I still do not officially have a single SC rated above 30% singularly. Yes. 2 tours in nam with active combat, and yes they did deny SC for depression. As stated in my reply to Dale Jr 8 I have had veterans reps to no avail. As for the PTSD, its funny you should mention that. In the first meeting with the VA Mental Health Doc, she asked if I knew what a PTSD was. After I told her no, she stated that I had PTSD until she met with me more she couldnt tell my to what degree or if it met VA standards or something like that. She stated that their were what she calls clear in-service stressors (what ever that is, I assume she means I was stressed due to what I saw and lived thru in nam, who wouldnt be stressed by that). She said it was obvious from my records and her talking with me that the stressors were many. As for gore, if that what they want to hear, well lets not go there. Should I investigate this for filing now or follow her lead here? As for awards and such, yes I have several listed on my DD214. As for do I feel I might have any possibility of awards that I should have but didnt get, well thats definately a debate. My son has aked me for permission to apply for a medal for being wounded during combat. I keep telling him that I doubt there is a record of my injuries as it was in the field while we were under heavy fire. I came to after being out for a who knows how long and as soon as the medic turned his back for a min I bolted. I figured I was more use shooting than laying.

XXX XXX Dale Jr 8, Thank you for the reply. I am not getting U/I at the moment. I have been working on filing for that since I received my combined 70% rating in late Nov/2007. I was deciding on weather to apply even tho I didnt have the 1 rating at 40%, because I was told if you have many SC disabilities even not at the 40%, they can take the multitude in consideration and still allow you U/I . To add to this tho in the Jan/2008 rating decision they stated : "Service connection may be granted on a secondary basis for non service connected conditions which chronically increase in severity beyond the natural progression due to service connected conditions. Only the increase in severity beyond the natural progression will be service connected. According to medical evidence your baseline disability due to your heart condition is considered 60% disabling based on a METs of 4 and episodes of congestive heart failure. The baseline percentage of 60% is deducted from the current level of disability; in this instance, a 60% baseline percentage when deducted from the 60% current level of disability is equal to 0%". hmm I just realized they made a mistake there, I have 70% rating not 60%. Doesn't mater at this point as in their definition it would still equal a 0% rating, but I just noticed it. As for a veterans rep, No, I do not have one currently. Actually my son had done most of the fact finding and work for me. I never even thought about the VA at all when I had to quit work in July/2003 due to my heart disease which is SC. He told me I was due health care and benefits because of my service. I was leary until I started getting medical care form the VA. I have had 2 veterans reps in the past from 2 different counties, and both times I feel that they were just a place for the va to send a second copy of my paperwork to. The first one was somewhat helpful at first, but then he stopped contacting me, returning my calls, didn't even contact me when new paperwork came thru, and was never available for appointments later on. The second veterans had me prepare the NOD for an increase in DMII and then he just entered it into a fillable form, copied it and mailed it for me. After that 7 phone calls went unreturned. After that I decided to go back to having my son work on things again. I origianlly went to the veterans reps to take the burden off my son, who doesnt mind doing this at all, but I felt guilty because of all the time he spends on this for me. This past summer a law firm in my state held a charity type drive for veterans. They offered FREE legal services to any veteran needing assistance. I went to the drive and accepted their services. During our first meeting my son turned over copies of over 500 paged of records. Since we have had our first visit with them, they only contacted me two times, both were to say they had not forgot me, but they were busy helping people who didn't have a son to assist them in developing a case basically.

Hello, First I want to say thanks in advance to anyone taking the time to read or reply. I apolagize in advance for this being a little lengthy, just trying to give the whole picture. I originally applied for SC of several conditions in march/2005 and received my 1st SC rating around march/2006. I was given SC for diabetes II (agent orange presumptive) rated at 20%, neuropathy left leg 10%, neuropathy right leg 10%, diabetic retinopathy 20%, for a total combined rating of 50%. I received a backpay award for the time since filing. I was denied SC for the several heart diseases i listed and for depression. The heart disease was denied because their is no causual relationship between DMII and heart disease. The derpression was denied because the person doing the depression c&p exam said all my depressive issue never manifested until my quad bypass surgery in 1996 and were caused by my heart disease, and hence was not service connected. I sent an NOD in march/2007 (right at the year mark) for all my heart diseases along with a letter from my heart doc stating the DMII was the probably cause of my heart diseases. I did not file an NOD for the depression as I had no new evidence to offer. I also sent a request for an increase in DMII because of new problems that have manifested. In november/2007 I received a new rating decision adding SC gastroparesis rated at 30%. They did this instead of increasing my DMII rating. Then a few weeks later I receive a rating decision denying a higher rating for DMII because I dont have a restrictive diet by their standards. In January/2008 I received a new rating decision giving me a full grant of all my heart diseases making them sc. They gave me a rating of 0% stating something about the heart diseases were 60% and since my combined rating was already at 70% it was cancelled out and rated at 0% (got me puzzled). Also in january/2008 I started seeing a VA mental health doc. After our initial session, she stated that my depression was clearly SC and resulted from my 2 tours in nam. She stated the it was greatly agrivatred by several things since then such as my heart surgeries (which are SC) and my being forced into medical retirement and not being able to work since july/2003 due to heart problems. So my questions are : Whats with the whole cancelling out thing? Is their a way to appeal the rating % portion of the rating? I just jumped to the conclusion they found a way to not pay me the 2 years of backpay I would have otherwise received had they rated me at 100%. I feel they made a real mistake as to the % as under their own definition on their rating schedule I fit the standards of 100% for every one of my heart diseases individully let alone together. As for the depression issue if I send an NOD now that the heart disease is sc (the c&p examiner said it was cause by my heart conditions) will I get a effective date of now or an effective date of my original request for depression to be sc? Also since the mental health doctor at the va clinic stated the my depression was clearly manifested from my service and has been greatly agrivated by my DMII and my heart diseases.