livingrock21

I've been thinking about this, and thinking it was too good to be true. I could've swore the guy that called said he was a DRO, but that must have been what I wanted to hear. The guy that called, actually called my other number first, and left a message. Apparently he was a VAMC employee. So this news isn't as good as it seems. I'm kind of bummed out now. I also cannot seem to find my examination worksheet. I can't figure out which one it would be. By the way, thank you rockhound for posting that link! Maybe someone can point me in the right direction. The condition on appeal is Erythromelalgia, and its a cardio vascular/periphrial nerve condition.

Ruby, This sounds awesome. I'm hoping it's not a line of crap that the 1-800 number is trying to feed you, we all know their notorious for doing so. I've had it done to me many times. Keep your head up if the decision takes a little longer, it will come. I wish you luck on your claim, and a timely decision(from this point on, god knows it hasn't been timely up until this point). Tyler

Broncovet, This isn't to determin sc, it's all very well documented in my SRM's. Also, the issue at first was the fact that they rated me under the wrong VASRD code, and said they did that due to my condition not being in the VASRD, which is completely false. When they decided they were going to rate me analogously, they gave me the C&P exam for that analog condition(not the one I actually have). After two appeals, I got them to agree they made a mistake, and I'm now rated under the right code, but they didn't change the percentage. They left it where it was, which should be much higher. Sharon, I couldn't agree more. I'm going to have to search around here for the exam criteria link. I know I've seen it before. I know it gets old when the same question gets asked alot, so I wont do it. Lol.

For those of you who know my story(If you don't go to my other topic, and read my first couple posts http://www.hadit.com/forums/index.php?showtopic=23917&hl= ), I think things may finally be looking up for me. I still don't know what I'm going to do with my housing situation. I've been pretty down and out about all of that. Here's the good news though. A while back, I contacted my congressman, and asked him for help. It wasn't looking good until the other day when I got his second response. It informed me that the DRO was currently working on my appeal(it was supposed to be waiting for certification to the BVA, which I really don't want at this point, I know it can take for ever at the BVA) due to the new SSA evidence they had recieved. It informed me that they will either grant the benifit sought, or send out a SSOC. That was great news for me. Then, the day after I recieved that response, I got a call from the DRO working my claim. This was a big shocker. When I contacted my congressman, I told them how their lowballing their decision because they are using a C&P exam that doesn't even pertain to my condition. How can you rate someone soley off a C&P exam that has nothing to do with a persons condition. Well, that DRO was contacting me with a C&P exam that he had set up. I was really excited at that point, but was thinking to my self in my head, well it'll probably be a couple months before I can get into an exam. To my suprise, he scheduled it for May 7th, with the DR. that already treats my condition. At this point I'm thinking to myself, WOW! This couldn't be going any better. I had also let my congressman how long and drawn out this situation has been, and it's all been due to their errors. I have a feeling my congressman let it be known that they want this appeal taken care of now. Maybe I'm trying to be too optimistic here since this is the only good news I've ever gotten from the VA. What do you guys/gals think about all of this news? Is it sounding good to y'all?

I'm so over the edge right now, but can't even afford treatment, even though it's all documented in my SMR that I have anxiety and severe chronic depression it's not service connected at this point. Like I said, I really do appreciate everyones help. I'm still going over everything. I will be going to my state VSO, hopefully tomorrow. Not only to discuss this, but I think I'm going to switch my POA to them. More claims I need to file, figure out what else I need for my TDIU, hopefully they can point me to the HUD and welfare offices, and I'm going to see if there's any assistance I can get through them. You guys have been great, as always. Due to all of this, my wife and I are on the brink of divorce. I'm having a hard enough time coping with everything else, as I'm sure she is also, but this is just adding more to the fire. It's mostly due to our situation, but our situation has added stress to an already stressed marriage. Like I said, 95% of our issues stem from the VA and the situation we're in right now. I truely feel like crawling in a hole right now. Life truely sucks. -edit- Another thing I wanted to ask about..... It seems to me, and I could be wrong, but I've seen 100% VA disabled vets recieving both SSDI and SSI. How is this possible? They said I wasn't eligible for SSI and I'm only at 40% disabled(not a whole lot of comp) right now? Are the vets recieving the 100% from the VA not telling SSA that their recieving VA comp? That's the only way I can see it being possible. If I make too much from my 40% and SSDI, how is it possible their getting it?

I wanted to get on here and thank everyone for all of the replies/advice so far! I would have got on here sooner, but I'm really feeling down and out. I think I may have the flu, but I also think everything has finally gotten to me. Tyler

Welcome back buddy! Good luck with the cancer, and I hope those meds leave you alone. I'm def. glad to hear your not down and out from the meds anymore! Take it easy. Tyler

I'm not sure if I'm posting this in the correct place or not, if I'm not please move to the correct place. As you can tell by the title, I never thought I'd be asking the questions I'm about to be asking, but am out of options. Right now, I'm living with extended family, and my family could be on the street at any moment. I'm very greatful for the opportunity that I've been given to live here, but the living situation has been getting worse, and seems to be declining very quickly. As some of y'all may know, I currently have an appeal in with the VA, and have been hoping that went through. If they'd just adjucate the damn thing like they should, I wouldn't be in this position. Alright, enough beating around the bush. I'm currently at 40%, and am also recieving SSDI for my service related conditions(only income I have comming in). I've also applied for TDIU, but that wasn't very long ago. If they'd hurry up and adjucate that also, I wouldn't be asking what I'm about to ask. I recently came across the HUD's rental voucher program. What income(VA compensation/SSDI) do they use as qualifications? I know they take 30% of your income, and supplement the rest of the rent/utilities. I live in PA, I wonder how long it will take. I'm not even sure what else to ask. If there's anything else I should know, please let me know. I'm also thinking about applying for food stamps. My family is hardly living. I know some vets are making less and surviving, but I accumulated bills while active duty(was able to easily pay them then, also I would have stayed active but was medically outed), and now it seems by the time I'm done paying bills, there's no way I could even afford a card board box(there's left over money, but no where near enough to afford a place, and all the bills that come along with it). Like I said before, it's taken me awhile to come to terms with everything, but the way I figure it. If the government(VA) would adjucate my claim properly, I wouldn't be asking the government for help(HUD). Thanks for your time, and any info is greatly, greatly appreciated.

TestVet, I don't know your saga very well, but... I would like to congradulate you on a job well done... I can't imagine the feeling, and hope to one day feel the same joy of getting benefits due.. Like everyone else has been saying, sit back and enjoy it for a bit, and take it all in. Hopefully your through with the VA now, and can move on(hopefully you'll stick around here though, cause someone with a lengthy claim such as yours has to have some great knowledge to share). Tyler

Les, I'm kind of taking a shot in the dark here, but maybe this is the same thing as the authorization stage? If you have a large retro check coming to you, it can take some time to get all the needed signatures. That's a guess, I'm not exactly sure though. Hopefully if I'm wrong someone else will chime in to correct me. Tyler

Jim, I might leave this part out if I were you. We all know that threatning the VA can lead to adverse effects. I understand where your going with it, and it makes perfect sense to me. I'm just wondering how a DRO is going to look at it. They could interpet it many different ways. It could make them rate it right the first time so they don't have to deal with you anymore, but chances are their going to look at it as "this guys being a smarta##", and I'm going to screw him. That's my out take on the situation. Hopefully others will chime in if they feel that I'm wrong. Good luck on this appeal. Tyler

Charleese, As meddac stated, you do not want to file a reconsideration with out new "material" evidence. Lol. He actually probably thought of me when typing that reply. I was actually in that boat. What I mean by new "material" evidence, it has to be new. Something the rater has not already see before. Even if there is something in you SMR, or claim that you know they didn't address, it's still not new "material" evidence. I submited something from my SMR that I know they couldn't have taken into account on my claim and subsequent appeal. Heck, they didn't even take it into consideration when changing my request for reconsideration into a NOD, even though I pointed out to them that they didn't look at this evidence. So, the answer to your question is, no. You do not want to do that. If you have new evidence, then I would recommend a reconsideration as it will move a lot faster then an NOD. If they deny the reconsideration, you can always NOD it later. That is if you haven't already eaten a lot of the "year" time frame up for filing an NOD. I hope I was able to help. I only try to answer when I can actually "add" something to topic. I also have to agree with Berta, Carlie, and T-Bird. When I read you original posts it did seem as though you were demanding a quick answer. I know this was not the case. When I post something, I try to re-read what I wrote before I click the post, or add reply button. Sometimes when you re-read what you wrote, you figure out that something can be inturpreted the wrong way. I've had it happen to me, and we all make mistakes.

I have seen other posts of members stating they served with/under meddac at fort (edit... I think it may have been fort irwin.. maybe.. I know the post was talking about training accidents back in '80 and '81).... can't remember the name of the base. There's your proof that he's a vet. He's also not out to get anyone. He's help me tremendously. So he's def. an asset to this fourm. As I stated before, this thread wasn't created for bickering, meddac also stated that. He just wanted to let it be known that the VA, can, and will take benefits that should not have been granted in the first place. It's simple. I understand that everyone on this forum in one way, shape, or form has had bad juju with the VA. The problem is that we cannot take that out on meddac. We all know there are incompetent, lazy VARO employees. Also, as I stated before, I've never had a competent person touch my C file. Meddac is not one of these people, and it's obvious to see. He's going above and beyond. Not only is he doing his job, but he's comming home, taking time out of his family life, and trying to help us out where he can. Everyone should see his original post for what it is, a warning/deterent to not file a fraudulent/(can't think of the word I'm looking for) claim because doing so opens up a can of worms. It could possibly mean loosing your benefits that your currently recieving(if asking for an increase), or a waste of time(if on an original claim). I said it before, and it's been reiterated by a few other members. If you don't like what's posted, don't read it. It's that simple. There's also a member block. If you don't like what that person has ever said, or offered, you can block them completely(I believe that's how it works, I've never used it, correct me if I'm wrong). I'd actually like to see this thread stay open. It's informative, and once again, if nothing else a deterent. Might keep people from filing a claim, that will delay my claim/appeal from reaching a decision sooner. Carlie, sorry for taking your saying, but that's JMHO. Tyler You know, I also wanted to add, I completely agree with you Timetowinarace.

I want to say first off, I'm not here to make any enemies, or step on anyones toes. With that being said, I think you two(simplefly and Capt.Contaminate) are both way out of line. Granted, I can see how meddac's post might come off as being insincere, but you can't honestly think a person working for who he does, to come onto this forum and broadcast what he did, is "out to get veterans". He's posting this to simply let it be known that a vet can, and will loose their benefits for a fraudulent claim. As they should. Like I said before, for you to honestly believe that he's comming on here to "show" what the "big bad VA is going to do to all us vets" is crazy. I'm not calling you crazy, I'm just saying maybe a step back and re-evaluating the post is necessary. With all that being said, I first hand, can attest to meddacs willingness to go above and beyond. I wish there was some "approve" button that he could push to get my claim throgh, but theirs not. But, what he has done, is steping in where my VSO left off(which wasn't very far). He's been a great attribute to my appeal, same as this forum. If not for him, I'd be twiddling my thumbs, and hoping for the best(which in my case, wouldn't have been a good outcome). Please don't bash this guy, his heart is in the right place. Just because their are other lazy, incompetent VSR's and DRO's out there, doesn't mean they all are. That comment is comming from someone who hasn't had a competent VA employee touch my claim thus far. The reason I know there are good hearted, hard working VA employee's is due to meddac, and the willingness of him to go the extra mile for me. With everything that I just said, being said, you can't blame the guy for doing what he did. If you do, then... Well, I could go there, but it wouldn't be doing any good. I'm pretty sure all of us what all the fraudulent claims/appeals gone so our legitimate claims can get through. Besides all of that, if you feel offended, which I really don't see how anyone on here could, then just do as you say your going to do, and ignore his posts from now on. Then it can't offend you. Meddac, please keep doing what your doing. Like I said earlier on in this post, your a great asset to this forum, to the VA, and to myself. Please keep your head up. I also want to reiterate that I didn't mean to offend anyone, and I don't want to make any enemies, but I can't let the bashing happen without a little bit of defense from me on meddac's behalf. Please don't take anything I said the wrong way. I know that both of you(simplefly and CC) are also great assets to this site, and have seen both of you give great advice to other vets. I hope I didn't p*ss either of you off. If I did, I want to pre-appoligize. P.S. I want to appoligize for all the spelling mistakes. It's late, and one of my meds kicked in while writing this post.

Lol, I wish I could help you out here, but I'm in the same boat. My VSO has been blatently lieing to me for the past.... Year and a half, so I'm going to take the advice of Meddac, and shop around for a new VSO. I don't know who the best VSO's are. I think it all depends on where you live. I've heard good things about the state operated SO's. If you look in your blue pages, it'd be listed there. Give them a call, and explain everything to them and see what they say. Like I said, I'm going to be "shopping" around, I'd suggest you do the same. Another reason I talked about the state operated SO's is there are usually one in every county. So it might be closer for you to get some face time with one of them, rather than having to travel an hour and a half to "see" them. Hope I'm helping. --EDIT-- One other thing, I know you said your claim is being processed in Roanokee, correct? If your in the hampton roads area of Virginia, I would suggest seeing the guys at the Norfolk Naval base. The DAV representative located in the TAP building is very, very knowledge about, and helped me file my BDD claim. I forget his name, but there's a man and woman rep there. The woman is alright, she might be better than I'm thinking, but I didn't work with her so much. I do know the guy that's there is very good.

Not a problem. I try to help as much as I can. I'm no where near as knowledgeable as most of the people on this forum. I'm still pretty much where you are. We're all still learning, but some on here can be more then helpful. If it weren't for this forum, I wouldn't have any hair left. Good luck on the reconsideration. Another thing, do you have a Service Officer, or POA? If so, let them write up the reconsideration, and tell them to base it off of the new evidence(MRI). Tyler

Pilgrim, If you have new evidence(MRI), I would def. recommend a reconsideration. For a couple reasons. One, you can always nod the reconsideration decision. It's also, a lot quicker. 6-18 months quicker. They would do the whole calculation over based off their new decision. They wouldn't just add the extra 20% on the end.

Thanks for the clarification Cowgirl, your wonderful. You know, I was just about to point out(was sitting thinking about it). That I'm probably the exception here. For one, my condition isn't based off x-rays, mri's, ect. Also, I'm not sure why they wont send me to a new C&P exam, nor will they disregard the invalid C&P exam I recieved. I should have said that my case is a lot different, and that I am the exception here. Pilgrim, you'll start to see, as I'm sure you already have, that there are a lot of very knowledgable people on here.

Pilgrim, This is my experience, and could be totally diferent than everyone else's. The only thing they used my medical evidence was for service connection. After that, everything was based soley off the C&P exam. Now, once again in my case, I recieved the wrong C&P exam(it was for a different condition then the condition I actually have). I've requested a new C&P exam, but the VA doesn't want to send me to one. It's more efficient for them to base everything off an invalid C&P exam. So here's my outlook. If the C&P exam you already recieved was favorable for them, then you probably wont have another C&P exam for those conditions. Unless, you request an increase. If you put in a claim for increase, they have to give you a new C&P exam. I'm sure other people on here will be more helpful then me. Also, like I said, this has been my experience. Tyler

I wanted to re-iterate on the fact that they'll probably only "unfit" you for one condition. This means that the Navy is saying you cannot serve anymore due to this condition. Where the VA takes all you claims, and says these conditions will effect your civilian life. That's the way I understand it anyway. There's more I Wanted to say, but my brains cloudy now. Lol. Damn medications. Again, if you have anymore questions, please ask. I'll try to answer them, if I can't, maybe someone else on here might be able. Another option would be those other forums I posted earlier. One more question, what was your rate buddy. Just curious. Made e-5 pretty quick. I did my 4, but my rate was over manned(HT). Couldn't make it(E-5).

driftit, I wanted to get back on here and reply to you but had a very busy weekend trying to get ready for my own re-evaluation. Wish you the best of luck when it comes to your PEB findings. Also, the NMA plays a big part, so make sure your CO writes it up good. You can actually request him to re-write it. One other thing, I noticed you were worried about a DX. It's really probably not going to matter. The Navy is only going to rate you for one condition. I've seen them unfit someone for two conditions, but it's rare. When I got med boarded out, my doc had three major DX's, and only one was found unfitting. Mine were all related to each other, and that's actually the only way their supposesd to rate more then one condition. I was looking at your list of conditions, and I can figure which one they'll unfit you for. I know I'm missing stuff, but that's all I've really been givin to go off of, if you have any other questions ask. Make sure you check out those other forums that I posted also.

You know, I've tried getting the SSA records, with no avail. They said the VA can request my records, and my VSO can, but I can not. Meddac brought to my attention that they have to give me my records though under the FIOAA. So, I need to site that to them, and then get my records. Berta, Your saying that I don't have to worry about the medical side of the SSA records, right? Its just SMR's anyway.

Most other people have knowledge about the VA claims process, a lot more than myself. But, this is def. something I'm knowledgable about. I was medically retired from the Navy. Now, you didn't make a few things clear. Are you being med boarded out of the Navy? Is it your first Meb? Usually, your case wont go before the PEB unless it's your third MEB, unless requested by your DR. You said you were a month out from you ETS, you said your a month out of your contract, right? Also, have you thought about being med boarded out? If your DR requested a PEB on your MEB, then you'll probably have to stay in for another 4-5 months for the to do the PEB on you. If your not already going this route, it may benifit you greatly. I'm actually going for my first TDRL appointment next week, since SSA has found me unable to work do to the condition that they medboarded me out, I have a feeling I'm going to be placed on the PDRL. There are a few other great forums out there for the MEB/PEB process. Thinking........ Googling.... Check these out: www.pebforum.com www.vets.yuku.com These people will be able to help you more than people here on hadit(when it comes to the PEB/MEB process). When you begin to actually file your VA claim, there are no sites better then this one. I can help you, but right now my time is limited. If you answer my questions and also, if you can give me more details about what's going on with you, I can help more.

My RO has been nothing but headaches, which is Pittsburgh, but I still think it's due to some bad seeds. I really believe(I want to believe) I'm just getting lazy VSR's. Who knows? I guess I'm old fashioned and want to believe there's good in everyone.

I contacted the VA, and they said the claim was cancelled. So, I turned around and did an IRIS inquiry on this issue. That's what I'm thinking, there is something drastically wrong here. I can't even contact my VSO becuase he's "out" on fridays. Berta, I didn't formally send them a 21-8940, my VSO's the one that put this claim in. This claim had been in for two months, and I didn't recieve a C&P nor did I recieve the "work" form. Also, they were sopposed to be obtaining the SSA records for my appeal aswell as this TDIU claim. SSA is telling me they haven't recieved any request. This has been going on for two months now. This is all just so unacceptable.