donews

TS, Well....... I have been attempting to work with the DAV in Winston-Salem, but to be 100% honest, I am absolutely less than impressed. As was the case with the past 2 VSO's that I attempted to have assist me, I am left doing 99% of the claim myself anyhow, and I can almost never get in contact with them. I sent in the POA form to the DAV and VA on February 4, 2008 and have the signature receipt showing they got it. I have made several attemps to talk to the DAV about my claims, but the NSO says he needs me to wait until the VA enters the POA into the computer, then within a few weeks of that he will go and get my C-File and call me when its in hand to discuss my claims. I have called about 20 times since then, each time I have to leave a message as he is either not there or to busy to answer the phone. When he does return my call, which is not often, he says he is still waiting and will get back to me. I try to ask about non specific information just to help me word some of my claims properly and so forth, even told him that the RO told me to call and ask him about how to go about getting a quick hearing/meeting with the DRO about my Heart conditions. He said he needed to review my C-File first. I explained to him that I would have my son drive me to Winston-Salem and I would hand deliver a copy of my C-File if it would help, but he said no. I have yet to get what I consider an once of help from them yet.

Wow! Good for you. It is a success story, you were given an award due to you, and an important award at that. There are many vets that are deserving of awards never given, but can not get them. Glad to hear it worked out for you.

luvhim, Thank you for your concern. Ts, I have contacted the storage facility company. I am currently waiting for them to discuss the issue with the Hospital and the Storage Facilities Manager. I explained that I am a disabled vet and have limited resources, and that these records are very important to me and my claim. I also explained that they were more than welcome to use me as an avenue for good press, they could call the paper and let them know how they assisted a vet with something or something like that. Who knows maybe if I appeal to their public image it might help. I will let you know when I hear more.

Sidney, One thing I forgot to mention. Did you ask about SSI? You do not need nearly the credit for SSI that you would need for SS or SSDI. You would ask you local human services agency about it or maybey even call the SS people and ask them about it. Sorry I can not offer more, just trying to make sure you have all the information available to see if we can get you so form of help. The other advise is good also about making sure that you request that they expedite your claim due to hardship.

Sidney56, Sorry to hear you are having such a difficult time. I would assume the reason that you were denied Voc Rehab is you were under 30% Service Connected. If you don't mind me asking what are you Service Connected for and when did you start geting comp? Have you tried the NC ESC? - I have known of other people going through them to find a job that would accomidate them even with a disability. They even have telemarketing type jobs now. Have you contacted other local Vet agencies for any assistance they may have such as DAV, VFW, ect...

Well, I might only add to the confusion, but here goes. When I talked to a DAV rep, he told me that when the VA enters my POA listing the DAV as my chosen organization, that he was going to need a few days to get my C-File and review it front to back, and that he would call me when he has the C-File in hand so we can go over the claims. Hope that helps some.

Unfortunately I have not. Actually I am trying to get into the ILP program. If it can be done, someone here on Hadit has probably done it. Hang in there, hopefully someone will come along shortly that can assit you with this. Good luck!

blank_appeals_response_form.pdf I have attached a form I received with a recent decision on a claim. Has anyone else seen or received this form? What stage of your claim did you get the form?

Thank you for the additional information.

Ts, Timeline ok this might get a little long, and is entagled in multiple claims but I will try to line it up. 03-17-2005 Original Claim for Compensation The VSO that was assisting me at the time listed HBP, Heart Problems, Diabetes, Diabetes Type II, PAD, AICD, and Angina as the claimed conditions. They appeared to have the claimed conditions incorrect. They said I was claiming Peripheral Artery Disease with Implantable Defibrillator. This is not the case, so I prepared a 21-4138 to send to them. I attached a copy of the statement I sent. They left off a few of the conditions I listed in the 21-4138 when they sent this new request for evidence. (I never noticed this until about 4 months ago) I had nothing to send as the VA was the one treating me for the listed conditions. They basically said that they know I was in Vietnam so Agent Orange Exposure is a given, but that since I was not being treated for any of the listed conditions, that there was nothing to service connect. I called and was told they needed me to send a letter stating that the VA was treating me and requesting that they reconsider my claim and to check the VA system for my records. I sent a 21-4138 with the information as told to me by the person at the RO during my phone conversation with them. I attached a copy for you to see. Faxed the requested form to the RO completed by Three seperate doctors. They deffered the decision on the rest. I saw and eye doctor, Mental Health, and a Quack for my Heart I think but he was just a reg doc not even a cardiologist. They gave me 20% Severe Diabetic Retinopathy They gave me 10% Left Leg Neuropathy They gave me 10% Rigth Leg Neuropathy They gave me 0% w/ smc for the Impotence They denied the Depression as they claimed it was due to my Heart Disease and since my heart disease was not Service Connected its a no go They denied my skin conditions as they claim it was not active when examined The denied all Heart Conditions as " No Causial Relationship Between Diabetes and any Heart Disease" their words not mine. They denied Peripheral Vascular Disease as they had denied the Heart Disease and hence no bases for connection. 03-16-2007 Filed NOD for Heart Conditions and for Increase in DMII [*]Filed two separate forms one NOD and one Request for Increase [*]I had a VSO do this for me. [*]Also sent in a opinion letter received from my non-va cardiologist. It wasn't quite "as likely as not" but better than nothing. 04-19-2007 Received request for evidence for DMII increase [*]Sent in several 21-4138's. [*]My 21-4138 stating why I felt I deserved an increase and what has changed. [*]My son sent a 21-4138 stating the changes he has notice since he is the one caring for me. [*]My daughter-in-law sent in a 21-4138 stating the changes she has noticed. 04-24-2007 Reply to RO with 21-4138's [*]Sent the completed forms to RO 04-30-2007 Received request for how I wanted my NOD on Heart Disease handled. [*]They sent a request to see if I wanted a regular review of my NOD or if I wanted a De Novo Review of my claim. [*]I requested a De Novo Review. 09-19-2007 Received a request for evidence for my Heart Conditions [*]They requested 21-4142's for all the treating locations. [*]I sent them 09-25-2007 Sent 21-4142's [*]Sent requested form for treating locations for heart disease 11-19-2007 Received decision - Denied increase for DMII but approved for a separate condition Gastrparesis at 30% [*]They denied my DMII increase caliming my Regulation of Activited was due to my non service connected heart disease not my DMII [*]They gave me approval for Gastroparesis at 30%, this is not something I ever claimed, they grabbed this I assume as an inferred claim from the 21-4138 that I sent in re: to the DMII increase. [*]The odd thing is they did not do any thing else even though if the Gastroparesis was infered the other 4 conditions on the same form should have been infered as well. 12-20-2007 Called RO to check on Heart Claim [*]They said the claim was sent to an outside doctor for the IMO. [*]They requested if I called back around the end of the month they would check to see if it was back. 12-27-2007 Called RO to check on heart claim [*]They said it was back and sent for signatures, but they couldn't pull it up on the screen yet, and to call back in a few days. 01-08-2008 Received decision - Given full grant for Heart Conditions as Agravated by and rated at 0%, denied Peripheral Vascular Disease again. [*]This is where I am at at the moment. Hope this is what you were asking for TS. Reply__to_RO.pdf Reply_2.pdf Diabetes.pdf

When they first responded to my IRIS inquiry the other day, it was by phone. My daughter-in-law answered and told them I was sleeping at the moment and the lady said no problem they will email me the response. Sure enough when I woke up the link was in my email.

Quint7, Sorry you are having a bad day and they didn't agree to provide the information you needed. I have had some simular issues getting doctors to state something obvious. Some doctors are just very reluctant to do so.

This is some solid evidence. Nothing is a guarantee with the VA, but this should give your claim some power.

To get 40% he must meet the following DMII criteria: Requiring insulin, restricted diet, and regulation of activities 40 I applied for an increase in my DMII rating last year. I was rated at 20% at the time, and have so many additional complications of the DMII, that I thought I would be a shoe in for an increase. Not so, they added one of the complications as a new Service Connected condition with its own rating, they ignored the rest, and they denied my increase. The main reason for the denail of movement form 20% to 40% was that my records did not indicate a Restriction of Activites due to the diabetes. The rating schedule says for 40% one of the requirements is: regulation of activities (avoidance of strenuous occupational and recreational activities) The problem I had was I have so many conditions that cause a restriction of my activities that I can't say my DMII is the cause of the restictions. The Hypertention and Abdominal Aortic Anurisym will be rated under their own criteria. Good luck and I hope it works out in his favor!

Anyone else here have DISH ( Diffuse Idiopathic Skeletal Hyperostosis / Forestier Disease ) ? Have you been sucessful in obtaining service connection? If so how or what was the claimed cause of DISH? Every bit of research I can find says DISH is most prevelant in people that have Diabetes and CAD, and I have both. I am trying to reasearch this as much as possible before I go trying to spend money looking for an IMO if it can't be connected. The orthopedist at the local VAMC said that DISH has no absolute known cause, but that it occurs almost esclusively in people with diabetes and cad. She will not put that on paper, but even if she would, it would not be even close to an "as likely as not" type senerio. I was also told, that I must be assited 24/7 and not be allowed to walk or transfer alone, as I have a VERY HIGH risk of becoming paralized if I fall. They told me this like 10 times in a row, then said they were not trying to scare me, but just warning me. Ya ok, sure I am not scared now. They basically explained that due to DISH my neck bones are fused, and are as brittle as a piece of chalk. I fell last week, on Monday they did X-Rays and put me in a Miami-J Neck Collar that immobilizes my neck because they thought I fractured a fusion. On Wednesday they did a CT Scan and decided I actually didn't fracture my neck, but most likely damage some ligaments. So they did some more tests and X-Rays. I am waiting for the results of those, but at least I can take off the collar for now. If any other part of my body fails or falls apart, it will be much faster and easier to tell the doctor what is not wrong instead of what is wrong. I am kinda surprised , well so are the doctors, that I am still around.

Great news!

Thank you for the additional information. I found out about SDVI also. It is available to certain vets with service connection that are otherwise insurable except for their service connected conditions. All my life threatning conditions are service connected. I recently filed for and am waiting on a response about Service Disabled Veterans Life Insurance. If I get approved, it is a little something to leave them. From what I understand, once approved and if I can get to 100% rating, they will pay for the SDVI for me for the first $10000.00 in coverage, and then I am able to purchase upto an additional $20,000.00 from them, but I must pa the premium on the additional amount (for me about $120.00 a month).

It was a no go. They use an offsite storage company that they send all records to after 1 year. The manager said the hospital has no control over charges for the records, which is something I doubt. Oh well, I tried.

I am sorry for your loss and will be praying for you.

Yeah, I currently take 22 medications from the Va. Of the VA medications at least 5 seem to be off label use.

I have attached a scanned copy of the " Appeals Response Form" for all to view. This is not an I-9 form, I have never seen this form before this decision. This is the decision from a De Novo Review. The decision says I have 1 year from the date of this decision to disagree with the decision. blank_appeals_management_form.pdf

Yeah its a love hate relationship.

I sent an IRIS inquiry on February 29, 2008 about my most recent grant for Service Connection for my Heart Disease. I basically told them I did not understand the 60% rating and that I thought it was an error. I explained that I wanted a conferrence or meeting or hearing with the DRO that made the decision to discuss the issue. I also explained that I verified that all the evidence needed for this claim was present in my VA records and even had my VA cardiologist verify it as well. Here is the response I received via IRIS today: 3-12-08 Dear Mr. XXXXXXX: Thank you for your inquiry to the Department of Veteran Affairs. A decision was made on your claim on January 8, 2008. A notification was mailed to you which afforded you the opportunity to reply to us via the Appeals Response Form. Please complete the form and mail the form to: Department of Veteran Affairs, Attn: Appeals, 251 North Main Street, Winston Salem, NC 27155. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, X.X. XXXXX Jr. Veteran Service Center Manager How to Contact VA On line: www.va.gov By phone: 1-800-827-1000 1-800-829-4833 (TDD hearing impaired) By letter: U.S. Department of Veteran Affairs 251 North Main Street Winston Salem, NC 27155 //as Very helpful as you can see.

Ts, After reading this I called their office and asked. They are going to have the office manager call me when she is back in the office. We shall see if I get lucky.

Shalala reports progress in veterans' health care I found the following part of this article most interesting. Shalala reports progress in veterans' health care Post-Walter Reed panel has seen some ideas come to life, others stall Jay Price, Staff Writer RALEIGH - A former Clinton Cabinet member said Monday that President Bush is making serious progress in correcting some of the problems that caused a scandal last year with the shoddy care of wounded troops at Walter Reed Army Medical Center, but Congress is stalled on other fixes. A year ago, Bush appointed Donna Shalala, the former U.S. Secretary of Health and Human Services, and Robert Dole, a former Republican U.S. senator, to investigate the treatment of the wounded once they return to U.S. soil. The panel presented its recommendations last summer, Shalala said during a speech at N.C. State University. Since then, Bush has implemented about half the suggestions, she said, but the election year is distracting Congress from approving others, despite a push from U.S. Sen. Richard Burr, a North Carolina Republican. The commission intentionally crafted most of its recommendations as things Bush could do by executive order, but about 10 percent of its ideas had to be approved by Congress, she said. It's a golden age for quality of care on the battlefield and for surgery and treatment after a wound, Shalala said. The problems that the commission found were for outpatient treatment after a patient is discharged. The extraordinary quality of battlefield medicine and modern body and vehicle armor have added to the problem, in a sense, by allowing many to survive with terrible wounds who in previous wars would have died. After the speech, as Shalala took questions from the audience of several hundred, she told them they didn't have to take her word. She glanced at the front row and asked activist Sarah Wade of Chapel Hill to join her. As Wade walked out, her husband, former Fort Bragg paratrooper Ted Wade, slapped a knee with his left hand instead of clapping. His empty right shirt sleeve was knotted. Ted Wade was wounded in a 2004 bomb blast in Iraq. His injuries include loss of the arm, a broken leg and brain damage. At one point, doctors said he probably wouldn't walk or talk again. Ever since, Sarah Wade has struggled against the federal bureaucracy. She eventually persuaded the Department of Veterans Affairs to allow him to see a nongovernment doctor who was an expert in brain injury. She also broadened her fight, becoming a familiar face in Washington, where she has lobbied Congress and testified about the problems that the wounded and their families face. Wade said she and her husband already were getting a direct benefit from the commission's work: a representative assigned to wrangle with the paperwork and bureaucracy of Ted Wade's case. "I've been very pleased," she said. "I'm not used to delegating. It's a huge improvement." The Wades got their "recovery coordinator" two weeks ago. So far, Wade said, only nine have been assigned to wounded veterans because the federal government, unsure of what skills coordinators will need, wanted to start small rather than train several hundred workers in the wrong disciplines. More are on the way, though, she said. Such representatives, Shalala said, were the most important recommendation the panel made. While Bush has pushed through changes, Congress is lagging, she said. Besides election-year distractions, the problems include pressure from older veterans who say it wouldn't be fair for veterans of the current wars to get more benefits than they do. The commission's report said the changes it recommended could cost between $500 million and $1 billion a year. Some of her friends had chided Shalala, a Democrat, for agreeing to Bush's request to serve on the commission, she said, but proper health care for wounded troops should not be a partisan issue. Spending whatever it takes to deliver that care shouldn't be an issue either, she said. "If we're asking people to risk their lives and their future, we ought to be willing to make this investment," she said. jay.price@newsobserver.com or (919) 829-4526