donews

*Update* Ok, I confirmed the discounted price for the records that I requested. I called them today and made payment over the phone and got my confirmation number. They said my records will be shipped tommorow. I will update once again when I actually have them in hand. Thanks to everyone for all the advice and suggestions.

Ok when you get the apology letter, post it. The very first thing I will do is call the VA Mental Health Hotline and tell them I need immediate treatment as I am having hallucinations!

CG, I have the same exact statement in my Mental Health Records from two separate VA docs in two different years. The way the last VA mental health doc explained it to me was that I had a potion of the usual symptoms of a PTSD, but not all of them or at least they were not evident. For example, she said I had several proven stressors that were obvious just from reading my service records, and that I did have nightmares and flashbacks, but I have no anxiety or a few other positove conditions that are related to a typical case of PTSD. She said once / if my Major Depression gets any better, I very well might all of the sudden become anxious or have other issues, that my Depression is so severe and I care so little about everything that I might be overcoming the anxiety and not knowing its there. I also had a third doc say I did have a PTSD but that it wasn't at a compensable level. Hope some of this helps you!

It is a sad situation. I dunno why, but I keep picturing a person on a plane, telling the flight attendant they were unhappy about something and the flight attendant over reacting and telling them to stay calm loudly. Then the person getting upset because the flight attendant is over reacting and the flight attendant escalating things because of the persons reaction to her reaction. The next thing you know the person is on the isle being held down by several passengers and the plane getting diverted to a closer airport and the poor passenger being hauled away to the pokey. Ok not sure why that is there but anyhow it is out now. I don't know how many times in the past I have been so frustrated by the red tape, the bureaucracy, or an incompetant person, that I litterally had chest pains. I feel bad for the guy. I think the pastor being the helpful type was being more than generous when he said "This is a great system we've got here. It's a better system then anyone in the world has. But like any system, it has flaws,". My apolagies if I am not making one plus one equal two tonight. I keep feeling as though my thoughts are way out there or something. Heck who knows tommorow I might come on here and see people asking if I was drinking or something. By the way I am not, just taking the 22 meds prescribed by the good ole VA. Enough of my wandering thoughts for now.

As per some questions in the thread that I posted my claim timeline in, I am updating the status of my Depression claim. I think I understand a little more about what my records and the VA mental health doc ( i dunno if she is phycologist or phyciatrist) indicated about my depression and ptsd. If I add them all together, it basically amount to I have Major Depression due to two tours in nam and several of my service connected conditions. It does not really go into which is the most prevalent reason, nor do I think that is a major factor in my claim as it should be service connected either way. They also go on to say that my depression is aggrivated by chronic pain, heart disease (service connected now), the loss of my wife to cancer when she was 48, and the loss of my job due to my service connected conditions. They state that I either have a slight case of PTSD or at least a non compensable cause of PTSD. It basically states that they would have to investigate further but doubted it would meet the criteria of a PTSD at this time. In general the last time I dicuss my condition with the Va mental health doc, she said my gaf was about 35. They list that I spend about 20-22 hours a day in bed most days, that I don't give a sh&t (thats in the records) about anything or myself, that I can not be employed not only due to my physical health, but also due to my depression. They also go on to say that I am non functioning, do not leave the house, am not suicidal but couldn't care one way or the other if I die sooner or later. The VA mental health doc said she was goign to put as much as possible in my records to indicate that the depression was tied to service, my time in nam, and my service connected conditions, to make sure things are clear in my record. I originally filed for Depression as secondary to DMII in 2005 when I filed my original claim for compensation. In 2006 they denied my Depression stating that it was caused by my Heart Disease (my heart disease claim was on appeal at that time). Now fast forward to January 2008 and they finally after getting their heads straight grant me service connection for all of my heart diseases. However, the VA being as they are did not nor would they pick up the Depression claim and go back and give it service connection to fix it. My thought is that they shoudl grant me Service Connection (I do not care if its due to heart disease or DMII or directly to my service in nam) for the depression and back date the claim to the orginal date of April 2005. The DAV rep said that was unlikely because the first thing the VA would do if they granted the Service Connection is they would date it the same as if it was a new claim. He said we might be able to fight and argue it to get the former date, but it was unlikely that it would be given at first. I feel that I should be at least 70% based on what I heard of other vets and their claims for Major Depression, yes I know its gonne be different, and I am not that same as them, I basically I have seen a few other vets in the condition I am and they were rated 70-100%. So now that I have requested the DRO hearing for my Heart claim to get that fixed, my next move is to fill out an NOD that asks for a DRO hearing to fix my Depression claim. Ok enough rambling for now, I do have a question to add tho: Any opinions as to if you think I should be due an effective date of the original claim in 2005?

I talked with the DAV rep today at the RO in Winston-Salem, the same RO that sent this form out to me. He said he has never seen this form before or even heard of it for that fact. I guess it could be something the DRO himself uses not neccessarily the RO. The DAV rep said he was going to see if he could find out from the RO about the origin of the form as his interest was peaked when I described it to him. He didn't think it was meant as a trap type form either, so he is with some of you on that thought process. I told him what I put on it just to be on the safe side and he said it never hurts to play the cautious note when dealing with the VA. It's nuts, dealing with the VA almost has me running around freakin paranoid. I feel like I have to be suspicious of every call and or letter from the VA. I hear to many horror stories where a vet was given the "soap without the rope" because of some form or phone call or soemone twisting their words and such. Ok im done rambling on now.

Free, I went through the whole getting my SSDI records feasco about two weeks ago. There is a forum post or two about my experience getting my SSDI file and what they charged me. ($94.30 is what they charged me) I absolutely believe that the patient should have rights to obtain a copy of their records every so often for free. Come on its absolutely rediculous, we have the right to view our credit report free one time a year or anytime we get denied credit based on it. But when it comes to something such as our medical records, which by the way I think is more inportant than my credit record, we do not have the right to anything. It should be free copy every year or five years or something like that. My opinion is that this is a money racket for the doctors and hospitals. They know people will NEED these records for compensation, lawsuits, VA, ect and they know that we will pay if we NEED them. Ok I will leave it at that before I burst into a rant about whats wrong with the money machine establishment or the world or something. I think I will have confirmation from the Manager today about the reduced fee and what records are involved.

Yes, lots of great advice here. Ill add my vote for filing a complaint verbal or mail about the rep, then concentrating your efforts on the claim. It is so easy to get distracted by the other things and our claims suffer. Good luck! And keep us posted.

Maybe I am jusr paranoid, but I first of all have never seen the va send a vet something that is good for them and secopnd I was afraid filling this out the way they want you to would lock me into missing out on unadjudicated issues or would lock me into agreement on something I do not. Hence when I filled it out I the form as I did. I have attached a copy of what I sent them in response. Also I have attached the NOD I sent under separate cover just to be sure. Reply_Sent_to_RO.pdf NOD_Sent_to_RO.pdf

It means Medical Records for treatments you might have received at non-VA facilities for the conditions that you are claiming.

JMHO No matter what lipstick, perfume, or fancy dress you put on it, its still a stinkin pig! They are going to find a way to reduce spending and that means they are going to find a way to break even more promises and deny more benefits. And the worst part is they are trying to hang their hats on the older vets as if its our fault trying to make us look like we are the reason they can not do their job today.

I am sorry that you pc doc is causing such issues. It really does not make since that he is reluctant to sign something of this nature. Have you typed something up that basically says your medically cleared to take a polygrapgh and then just asked him to put a scribble (you can never read a docs writing) on the line that says Doctor's Signature? Just a suggestion, sometimes they are more willing to sign someting if it appears harmless and quick. You might also try a different doctor than you primary care doc. I have gotten more assistance from my VA cardiologist than I have ever gotten from my VA PC Doc and all the other VA docs put together. So you might want to hit up another one of your docs just to see. It can not hurt to ask. Hope it works out for ya! Good luck.

I will update you all when I get confirmation from the facility manager. Thank you all for the suggestions and support.

Glad I could make you smile! I received a letter today from the Storage Facility listing a fee of about $60.00, which is hundreds less than the original amount. They also hand wrote a message on the invoice from the manager stating that they would be glad to send the records to as many VA facilities as I needed, just to give them the address's and they will get them there. So this is a very good thing. I am going to call tommorow to verify that this is correct and that this will contain all the records I need. If so, then my appeal to them was successful!

Hmmm.. I thought you had to be eligible or receiving the Special Adaptable Housing Grant to get the mortgage insurance. If not, I need to look into that also. That would be a great thing to have. I also get SSDI, and I should be 100% with the VA , I am sure I will be once they get me a hearing with the DRO, I have all the evidence, so I hope it is a matter of putting it infront of them. In the mean time I am hoping to backdoor them with the TDIU claim also if I get approved for the premium waivers.

Someone had ran a thread about this preciously here on the forums. But as far as I know this only applies to active military at this time and not to previous Veterans like vietnam vets and so forth.

Have you had any diagnosis as to what is causing the pain?

I am not sure on this one. My first thought is that when they changed the regs to allow a VA doctor to write opinions and such, they also said it was basically up to the doctor to make that choice to do so or not. So I am not sure that you can force them to write out anything, but do not quote me on that one. Usually when I ask a doctor to write something general about my treatments, he says its all in the VA medical records. So I just go to the records office and get the records, if what I want is not in there I ask and sometimes bug until he either writes something or adds what I need to the offical records so I can get the copy. So far he has always just added what I want to the official records. I think he just has a fear of putting something on paper and signing it. Just my experience and opinion, I am sure someone with more knowledge of this sort of situation might chime in.

Good News ... I was approved for and received my Service Disabled Veterans Life Insurance policy Today. The premiums are a small amount compared to any other insurance that I might have been able to get, which is unlikely in my current health. The odd thing I noticed was on one line it stated: "Your application has been found to be an informal claim for waiver of premiums" I do not understand that part as I was told that you had to apply for the insurance and get it, then when you are 100% disabled by the VA go back and ask for premium waivers. Once you get premiu waivers you can get upto Twenty Thousand Dollars in additional insurance, but I must pay the premium on the additional insurance on my own. Then I read further and you do not have to be 100% total or even TDIU by the VA to get waivers, you just must prove that you have not had or can not obtain gainful employment for six months. So my next thought was: If the people from the VA Life Insurance Division find me 100% unemployable for premium waivers would that not be cause to give me TDIU? Just a thought running through my head.

When I filled this form out and sent it in, I wrote "This DOES NOT settle my appeal on any issues". I also requested a hearing with the DRO on this form. Then I used a 21-4138 and sent an official NOD with the same wording under separate cover so as to make sure I has a big enough shield to cover my backside. I am waiting for any responses from these being sent in.

I added my two cents.

Wow $450.00 a month for Medicare Insurance? Were you eligible for it like many years ago and this is the penalty or is that the price if you purchase it before you get you SS straight? Just asking because if you get it when you get it at age 65 or 2 years after you get SSDI if you do then it would be about $96.00 a month. I am not positive about the TDIU but I believe it allows $800.oo a month or $9600 a year before its considered gainful employment.

Calnight, No VA coverage does not stop you from having to pay the 10% penalty for Medicare Part B if you do not sign up now. I found this out the hard way. I was told by a Va rep at the VAMC that I didn't have to sign up because I had VA health care. Well, if I want Medicare Part B now, I must pay around $120.00 a month due to the penalties. I verified this with the SSA. The Medicare Part D is separate from Part B. But the great thing about Medicare Part D is your VA Prescription COverage does count as Credible Coverage and you pay no penalties if you choose to wait to sign up for Part D. I verified this with the SSA Seeing your note about travel pay reminds me, I forgot to get my travel pay the past two trips this month. I have to go again a week from today, hopefully they will give me the back travel pay, this is the third trip this month to the VAMC.

Sixthcents, Thank you, I was trying to be as informative as possible in my timeline as to help everyone see where I am at in the claim. I never filed an NOD within the 1 year for the denial of the Depression, as I had no new evidence or proof stating anything other than what the C&P examiner said. I was wondering myself if they should just fix the claim an give me the service connection now that the Heart Disease is service Connected. I am going to file a 21-4138 as an NOD of the claim even though its more than a year later, and explain that they made an error as the denied it based on a condition that was in the appeals process for Service Connetcion. I will ask that they make this a cue claim if they deny reopening the claim based on their mistake. I will discuss the depression claim further in another thread that I have been discussing my depression in as to not get this thread to far off course. Thank you all for the assistance.

Today I sent in the Appeals Response Form stating that I Do Not agree with any of their decision and asking for a hearing/meeting/conference with the DRO to go over my evidence and explain my case. I also sent in a formal NOD separately to the RO sttn that I disagree with the decision and want to meet with the DRO to discuss the claim and go over evidence. I am pasting a copy of what I sent to them in IRIS: "I was given a full grant of benefits for Service Connection for several Heart Conditions in this decision dated Jan 08 2008. I agree with the Service Connection. I was given a 60% rating which was basically cancelled out due to the aggrivation and baseline factor. The problem I am having is I absolutely meet the qualification for 100% rating according to the VA Rating Schedule. I have an implanted AICD device and that is in the VA medical records. According to the rating schedule an AICD implant is a 100% rating by itself. Also I have chronic congestive heart failure which acording to the VA cardiologist is in the records also, this again is a qualification for 100% rating on all of the conditions I have. I have an Ejection fraction of 22% which again by itself let alone together with the other stuff qualifies all my conditions for 100% rating. I can provide additional documents showing this if neccessary. This claim was handled thru the DRO process, but I was never contacted once. I had asked to be contacted if additional information was needed. I would like to have a meeting/conference with the DRO if neccessary to present the evidence that I totally qualify for the 100% rating. Please email or call me if further information or clarification is needed. Thank you in advance for any assistance in this matter. As a veteran I do appreciate the time and effort your office has involved in processing claims and handling requests."