donews

I am a little lost on your post, please bear with me. I read this to say since the VA stated your claim began after 1983 and that they are actively concealing a wrongdoing by misprespresentation (I presume that to be the date issue) that there should be a tolling of the statute of limitations. Is that what you are saying? If so I ask: What statute of limitations are you suggesting that receives the tolling?

I just sent the payment then sent an email letting him know payment was sent and what I was looking for. Then he emailed me back.

I guess I will go back and ask what needs to be done to correct the records. It might be easier for me because I have a trail of medical records showing MDD since at least 2003 from both private and VA doctors, so it would be pretty hard for them to say I didn't have MDD. They also show a PTSD screen that I supposedly answered several times over four years, and I was actually only given the screen one time and it was positive. Oh well, guess I will be reading my records again. Just when I think I read them for the last time for a while, then something else comes along. Its not gainful employment, but dealing with the VA is a FULL TIME job and then some. I honestly belive if I were to have a job doing the same amount of work as dealing witht he VA in the real world, it would pay like fifty grand a year.

Is this the supposed depression screen that we are discussing? I have been asked the questions from a depression screen two times in four years, once at the VAMC while seeing my cardiologist and once at my pcp asked by the intake nurse. In my records though, it shows that I was supposedly given this screening sixteen times and on each time, it shows a negative screen except the two times I was actually asked the questions. I just assumed they skipped the questions and it didnt matter, but if they can use that later to deny or reduce a benefit, I will be all over them to fix it. If this is not what your talking about, im sorry.

I am about to file a claim for this. What should I claim? Meniers secondary to tinnitis or shoud I just claim each individual item ie. tinittis, vertigo, hearing loss ect.? Any ideals or suggestions?

I have been in email contact with Dr. Barson. I contacted him about an IMO for several items and right now I am working on obtaining the rest of the records I need and gathering the funds for payment. First I sent him the $25.00 consultation fee via Paypal, then I emailed him. He emailed back requesting some more information about what I was wanting / needing in the IMOs. I gave him the lowdown on what IMOs I needed and my opinion of why I feel I have a case. He agreed and said with all the evidence and such, he would be able to provide a good IMO for the issues I requested. He sent me an agreement to sign and told me what needed to be sent to him for him to be able to form an opinion and write the IMO. He has worked for the VA and seems pretty confident that he can write an IMO and word it properly. This is the extent of my knowledge of him so far, at this point I am feeling confortable with the way things are going, and I will find out the rest soon enough. I will let you know more when we complete the transaction and I get the IMO. Originally, I had posted in the thread about Dr. Barson, that I was against paying an upfront consult fee, but it was explained to me by some members that this was a reasonable fee to charge and why, so I figured I would try and see what happens. I contacted Dr. Bash as well, but he wanted $5000.00 for an IMO, and while I understand he has a vast amount of experience and his opinions are highly regarded, but as a disaled vet fighting for benefits, where in the heck am I supposed to find that kind of money? As it is, I will have to miss a vehicle or mortgage payment or something just to produce the money for DR. Barsons IMO. P.S. Dr. Barson is able to do Mental Heath IMOs as well

Yes, I think this is good news for you. I never knew Meniers could be connected with a nexus as secondary to tinnitis. So this gives you a nexus either way, thats good.

Good luck and keep us posted. I am sure you will do fine at your appoinment.

Yes, Thank You. I have added this to my folders for future refference if needed.

With the VA, the only thing that is consistant is that the VA is not. Good luck on your claim, I hope it comes through quick and what you asked for. But no matter how it comes out, keep fighting until you get what you think your due.

I asked to reschedule a C&P one time, the guy told me it would be at minimum four months before another appointment was available. Needless to say I went to the original appointment. It can be done, but it seems they make you wait a bit before you get another one. They send my appointment notice letting me know of my C&P four days before I was to be there, and that was the first time I ever knew I had to go. I think they do that on purpose.

I agree with Iraqx2 about "being in the VA system". It not only applies to group sessions, but it also applies to not missing appointments and making sure you reorder your meds even if your not needing or taking as many for a period of time. They will use anything they can to show your need for the higher rating has changed. Soul you have had some great advice here. Definately DO NOT do anything rash or out there as it will only hurt your claim. DO file a NOD immediatley to counter their efforts to reduce your rating. DO make sure you goto every meeting and / or apointment and make sure your thouroughly read and respond to each notice sent regarding the possible reduction. As someone else previously stated, they are supposed to have ongoing evidence that your condition is getting better, not just an ideal or on good visit to a doctor, but this is the VA and they will try to get over on you if they can.

Glad to hear it! Looks like your gonna make the credits you need now.

Yeah, I have seen conflicting information about the need for 100% to get A&A.

IMO = Independent Medical Opinion SMC S = Special Monthly Compensation - IT is something you get for certain severe or multiple conditions. Examples would be amputations or a 100% rating for say arthritis then a 60% rating say for your heart, would equal SMC Level S which pays more than the regular 100% Disability rate.

Your probably right.

I would assume that you would have to maintain eligibility for a few years to get P&T for this. Then again I have heard of people that are listed as P&T that still have to get exams. I am sure someone with more knowledge will be along soon.

Any additional medical information is always good. Thank you. I book marked it, and will go through it thouroughly later.

Yes, please keep us posted as I have an application in for A&A also. I am actually asking for a higher A&A based on me having a health aide and RN come to my house several days a week to assist me and for pain management. I currently receive non VA hospice care, but that might go away at any time.

Ok, that did it, you made me laugh. Thank you, its not very often I do that.

Betty, Yes, good ideal about sending in the letter clarifying it as "New and Material". I am actually doing the very same with a claim I have, it has "New and Material Evidence" in bold, italic, underline, and highlighted for them to see it on my Statement in Support form. Good luck Ron!

Mcafee, Was this an email or a letter that you received? I swear it almost sounds like it is a list of possible status situations and maybey they forgot to check off which one applies to you.

Isn't that convienent that they somehow did not recognize the very form you sent them. It is shameful that they use these obvious delay tactics. At least thats what I think they are, because I honestly do not think anyone could be that stupid. I just do not think its possible. Send it back in reply to their new request, but send like 30 copies.

Ohhh now I get it. That is why they low balled me and only gave me 60% on my Heart Diseases. They needed to save some extra money to pay this fool a bonus for doing a crap job, and to pay the settlements for him doing things that are very wrong. I say they should pour some honey on him and tie him near a Fire Ant mound.

I have Peripheral Neuropathy due to my DMII. I currently and taking Gabapentin 1800mg a day for it. I am sure the fact that I also take Morphine, Tramadol, and Ibuprophen helps with it as well. When I am not on the medication, it gets very severe. I have chronic foot drop, hammer toes, and claw toes which the C&P examiner attributed as being caused by my Peripheral Neuropathy also. So not only do I get the fun of the burning tingling sensations in my feet and legs, but I also have some spots in my feet and legs that are completely without feeling and I can not tell where my foot is in relation to my body at any given time. If someone posts a magic cure, I will be in line after you to thank them, as I would love to be rid of this disease.