livingrock21

I swear I have the worst luck. I just hit submit and I got an error, and of course when I hit the back button my post disappeared. I guess I'll try to rewrite what I had wrote. Cowgirl, you are such a kind sweet heart. Every one on here deserves a standing ovasion(SP). I cannot say in words how appreciative I am that you guys/gals help other veterans such as your self. Even though other people may not say it, I'm sure everyone else feels the way that I do. Please keep up the good job. I really don't know where I'd be at this second if it weren't for you all. I'd probably be locked up, or in a patty wagon on my way. Like I said, I got my problem taken care of, I'm now just waiting on my PCM to put a new consult in the system. After I called the clinic for the second time with a little 'firmer' words on their answering machine, I got a call back from the chief of the pain clinic. He was appauld at the situation, and couldn't believe this was happening in his clinic. He may have just been putting on a show, but he seemed sincere. He appoligized, and also appoligized on the 'treating' dr.'s behalf for the way he treated me. He re-assured me that I wont be having any other problems in his clinic, to make sure of this, he actually gave me his office number and told me to call with even the smallest problem. Lessons Learned: - A few polite, but firm words can honestly go a long way. It didn't hurt that I had proof of them mistreating me, and supposibly had my PCM backing me up. I'm sure I'm leaving stuff out, but I'm just happy to finally have an appointment. The chief of the clinic is actually the one that scheduled me.

The situation is taken care off, I'll post more on it here in a little bit. I have to make a few more calls to make this happen though.

Just tried calling the patient advocates office. I'm going to give them an hour-hour and a half and then try calling back. I'll let them know in that message (if they don't pick up again) that I'll be down at the VAMC all day tomorrow, and that I'll be in and our of their office plus the directors office. I'm just adjitated at this point... I've had enough, and I'm not taking this crap anymore. I was hoping to have some resolution by now. My physicians nurse wants a call by the end of the day to let her and my physician know what's going on. I've been thinking about this all day, and I'm wondering how much of this is their fault. Also, their telling me that they want to help, but in the same sentence telling me their going to take me off the weak pain med that they have me on. Actually, the way she worded it made it sound like it'd be an abrupt suspension of the medication which would cause me to withdraw, now you tell me how that's helping. The know none of this is my fault, but their adding to the problem/stress. I believe I'm going to get them involved in my conversation with whomever decides to help me. AAAAAGGGGHHHHH!! Ok, I feel a tiny bit better..

I'm getting antsy. I don't like being this guy. The guy that gets everyone involved in trouble, but I just need to keep it in my head that this is unacceptable. Also, I need to keep in mind that I need to get this fixed so they don't do it to some other veteran.

They gave me a C&P for paralysis of the median nerve. They had me rated at 10% for each limb. Nothing except the number of attacks per year was addressed.

As always, THANKS! You guys/gals are really great. I honestly don't know where I'd be without you. I contacted the pain clinic this mourning when they opened up. Didn't get any answer, I got the machine. I explained to them my situation. I also politely, but firmly told them that if the issue wasn't resolved by noon that I'd be contacting the patient advocate. I'd really like to go all out and contact the VAOIG, ect. I was def. more mad than anything last night when I was writing all that last night. I hope the pain clinic decided to resolve this situation with out me having to contact the patient advocate. We'll see, I'll keep you all posted. Thanks again, Tyler

Purple, All an ER around here will do is give me a couple days worth of meds. I'd have to keep going back every couple days. My luck, the VA would find some way to get out of paying, and I'd be stuck with all those VA bills. If there's a way something can be construed the other way for the VA, it always happens in my case. Thank you for the suggestion/input. As always, you guys are great!

I finally got a hold of my VSO after three weeks, and he's telling me I need to sit tight? I can't take this crap anymore. Between the VAMC and VARO, I've completely lost my mind.

I already have depression that's in my SMR, but I believe it was misdiagnosed. Should be anxiety, but that's another post. My thing about the ER, what are they going to do? Their not going to get me an appointment. Also, the ER is an hour and a half away. So it's not that easy. Here's what I'm thinking about doing tomorrow thus far, unless I get any other ideas/suggestions. 1. Call pain clinic and demand an appointment. -no results, then go to step 2 2. Call patient advocate. Threaten to get a lawyer and file malpractice lawsuit, and VAOIG. -no results, then go to step 3 3. Call VAOIG, Congressman, and lawyer. Sound good? I guess I left this part out also, it's not really pertinent, but... I am getting vicoden right now, and have been for the past 4 months fromt he VA. It doesn't even touch the pain. Before I got out of the Navy, I was getting perscribed Lorcet 10/500 4 times a day, 10 mg +20mg oxycodone 1x a day. So I went from that, to vicoden 3 x's a day. I was still in pain with all those meds while I was active duty, but the dr. didn't want to give me any more than that due to the nature of my job. The point I'm bringing this up, I forgot to mention that my PCP said she can't give me any more vicoden until I'm seen by the pain clinic. So, I'll really be down and out. Not only dealing with pain, but withdraw. This is just unacceptable in my book, and honestly sounds like a case of malpractice. I seen a new directive from the VA that was forced into law by congress back in October of last year. It states that pain is supposed to be dealt with promptley when brought before the attention of a provider. My pain was not only not taken care of promptley/at-all, but it's being neglected and they think what their doing is okay. Any other ideas? I have to try and call them tomorrow, and want some ammunition. Also, the malpractice suit really sounds good at this point. I could really use the money considering on the other side of the VA I'm getting screwed as well.

I'm going to try and make a long story short. I've been trying to get into the pain clinic for a year now. Had an appointment a year ago, was about to be seen when I had heart problems and a code blue was called on me. I have hyptertension and tachycardia, but it was extremely bad that day due to the anxiety of my pain(which I've been experiencing for the past year due to no treatment). The dr. that was supposed to see me has been telling me for the past year to see dermatology and reuhmatology. It's been a visous cycle. Once I see both of them, I call the pain clinic asking to be seen, and they tell me I have to contact my primary care for a new appointment. My PCP writes the new consult, and then I get a phone call from the pain clinic telling me I need to be seen by dermatology and reuhmatology. My primary care didn't believe me when I told them what was going on. They assumed I Was doing something wrong. It wasn't until about a week and a half ago I got a message on my answering machine from the reuhmatology dr answering the question I had that my primary care believed me. The question for the reuhmatology dr. was; "What the hell else do I need to do before I can be seen by the pain clinic, and can you contact them and tell them you cleared me to be seen by them.". I let my primary care nurse listen to her message on my answering machine which consited of, "There's nothing I can do, I've already wrote in your chart that you've been experiencing pain, and that I recommend you be seen by the pain clinic.". I've gotten the same response from dermatology. My question: 1. What's the VA's policy on pain management? - I know it's got to be like other hospitals where it's supposed to be treated timely. I've been suffering for over a year now. Before then I was getting adeqate pain control while active duty, but for whatever reason the VA decided to put an end to that. Do I have a case? Another question: My primary care nurse wants me to call the pain clinic tomorrow and demand an appointment. I'm sure they're going to do the same thing they've been doing. Who do I contact to get this corrected? Do I contact the patient advocate? Do I threaten a malpractice lawsuit? I'm at the end of the rope with these guys. I've had enough. I need answers though because I have to contact them tomorrow. Thanks in advance guys, you guys are great.

Good point Purple.. Poolguy, I guess I should have asked more questions before I gave such an answer. I was just thinking that if she had formally notified the VA of the name change, and they sent her a letter with incorrect information. What do you guys think about the other part of my first post. Couldn't julz wait for the claim to go through, and then file for an EED? Listen to these other guys julz, like I said I'm still the newbie. I probably shouldn't be offering advice at this point. Sorry if I gave you mis-information.

Julz, I would say that retro is definitely in order. Now how you might get that is a totally different question. You may have to wait for you claim to go through and then file for an EED(earlier effective date). It could also be a CUE on the VA's part. Do you have a VSO? If not, it would probably benifit you to seek help from them. I'm still a newbie when it comes to the claims process. Others will be able to chime in and help out more than I have though.

I'll work on it here in a min.. Honest opinion.... If you were in my shoes, which avenue would you take? a. CUE b. ask for VA to exponge non-pertinent C&P exam, and ask for it to be expidited due to the new VA policy?

Carlie, I'm really not sure what to do at this point. From what I've been hearing/reading, CUE's are taking a while. A while I don't have. I could try and go the other route and see what happens. If it doesn't work out, then I could CUE this decision due to the same factors. That's my reasoning right now anyways? I could be dead wrong, and appreciate any and all input. You guys really are great. What's this: "I claim a clear and unmistakable error was made by XXXXXXX,XXXXXXXXXXX,XXXXXXXXX, which is against reg. XXXXXXXXXXXXXXX." What is the second line of xxxxxx's refering to? Sorry for being so niave. Would this be the actual people reviewing my claims name?

Cowgirl, Gotta say, good advice as always. Only thing I'm confused about.. I shouldn't request that this C&P exam be exponged from my claim? The reason I'm saying I should have them do this is it's what their basing their decision off every time. The should be looking more at my SMR's, but have not. I think the only thing they did as far as my SMR was thumbed through it and seen my conditions listed a couple times for service connection. If they would have "looked", the first page is from my primary care dr, that was a specialist stating everything that's needed to rate my claim. I don't care if they want to give me another C&P exam as long as it's for the right condition. They can't rate me correctly with the wrong C&P exam. It's crazy, and at VA logic it would be impossible. If I could truely get this thing expidited, and done at the RO level. I'd gladly wave some of my appelate rights. Atleast at this instance. I know I have a good CUE case, but I need to find the avenue that's going to be the speediest and most accurate. If I could get IU from them, then I'd say to hell with it and fight them for the rest of my life. The situation at hand though is impairative that I get this thing right, and get it done now. My family life is horrible, marriage is at the brink of divorce, and I honestly believe I'll be on the street within the next couple months. God bless family, but a year and a half living with someone else is enought to drive someone insane(atleast it is in my case). So, I'm back to square one. I'm trying to be proactive, but at this point I have no direction. The sad part of this whole story is I can't even get a hold of my VSO. If he doesn't take the day off here and there. By the time I can actually call him, he decided to close his office 30min-1hr early. I've now been trying to reach him for almost two and a half week. He tried calling me back once at home, and I wasn't here(had a dr.'s appt.). He's got my cell number. I've given it to him on two occasions, but he didn't even attempt to dial it once. Very, very frustrated. Besides everyone on here, I've almost given up on society. The VA and my claim are driving me insane.

It's been a few days since I posted last. Thanks for the info carlie, berta. I've been doing a lot of thinking, researching, and it seems as though it's taking people a while to get these CUE claims through. Believe it or not, I actually got someone helpful at the 1-800 number. I asked the guy of the status on my appeal. It hasn't been sent to the BVA yet, and can't until they take into consideration the SSDI evidence I provided. So, that's a good thing.?.? I think. I also asked him how I could possibly get that C&P exam that was for the wrong condition thrown out. He said all I would have to do is write a formal written request asking the DRO to throw it out(state that I don't want it to be admissable due to no pertenance to my claim). So, that's a good thing. I also asked him about the new OIF/OEF directive about expiditing claims. He said he's not sure if all RO's are online with that directive yet, but I could include that in my formal letter. He said that I could also request this in the letter. He said I may have to waive rights to be entitled to this program(evidence sumbmission, time frames, ect). As far as I'm concerned, as long as I could get that wrong C&P exam thrown out, this would benifit me. Any opinions on any of this?

Is my CUE letter that bad??

Tried calling my VSO twice this mourning, and no answer. This is during their working hours. I finally got his secratary, and sure enough, he's out again today. Looks like it wont be until monday that I might be able to send this in. I might just go over his head, and send this in anyway.

cowgirl, Here's where I'm at right now. Any advice, help is greatly appreciated. It's def. simple, and I used your format. Also used the regs that were posted on this topic. This maybe way out of wack, and not look anything like these should. Everyone has been such a big help. Here the CUE letter is... Name SS#: xxx-xx-xxxx The above referenced claimant disagrees with the Dept. of Va Affairs decision dated 22Nov07. The issue in disagreement are as follows: Clear and Unmistakable Error of claims handling. Once all the necessary adjudicative actions have been completed please advise me accordingly. Thank you for your consideration. Name .......... Attachments/Evidence TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A--General Policy in Rating Sec. 4.1 Essentials of evaluative rating. This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran's disability claim may require re-ratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history. [41 FR 11292, Mar. 18, 1976] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart A--General Policy in Rating Sec. 4.2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or [[Page 336]] a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. [41 FR 11292, Mar. 18, 1976] I was rated improperly due to spoliation of evidence that was provided. I was given an incorrect C&P exam for the Erythromelalgia condition. My rating was based solely off this, and my service medical record could not have been used for rating purposes. I was given a partial grant on my last appeal and it was found that I was listed for the incorrect condition. The C&P exam I was given was for the incorrect condition also, so it cannot be used to rate my condition. I’ve sent a memo from my active duty primary care Dr. on a few occasions and it’s obviously been ignored. This memo is also the first page of my service medical record. It states my condition, amount of attacks per week (that average to 7, at least once a day), duration of attacks, and that it does not respond to treatment. I’ve also recently submitted evidence from SSA stating that I’m receiving SSDI benefits due to this condition. That covers the effect of daily activities. I can’t do the most daily activity which is work, let alone enjoy all of the other simple things in life. I believe that I should be rated at 100% for this condition as per the rating criteria in 38 CFR Part IV under diagnostic code 7119. ---EDIT--- Keep in mind, this is my first rodeo, lol. Thanks again everyone! ----Another EDIT--- I need to "ask" them to CUE themselves in the second statement.?? So lost.

Here's a link to the story. It's located on Vawatchdog.org . http://www.vawatchdog.org/09/nf09/nffeb09/nf022009-1.htm Look at this document put out by the VBA also. http://www.vawatchdog.org/09/nf09/nffeb09/...%2020-09-07.DOC Hope this helps someone.

I just read some very interesting information on vawatchdog.org .. Now I'm really confused, but may have something going for me. I want to see what you guys think. I was in the Navy, and on guided missle destroyer. I was awarded the GWOT service medal, but I obviously didn't see any combative time. Supported their missions, but wasn't on the ground. Here is a link to the document that I just read put out by VBA about GWOT priority processing. http://www.vawatchdog.org/09/nf09/nffeb09/...%2020-09-07.DOC He's the part that has me interested. "Since there may be some delay in receiving data from DoD, all GWOT veterans who have submitted claims may not be timely identified in the DoD data. In order to offset any delay of DoD data, each regional office (RO) will review incoming claims to determine if the DD-214 lists one of the medals described in M21-1MR, Part IV, Subpart ii, 1.D.13.d. The following medals may be awarded for either combat or non-combat service, and their receipt does not confirm a veteran’s participation in combat: · Global War on Terrorism Expeditionary Medal · Global War on Terrorism Service Medal · Afghanistan Campaign Medal, and · Iraq Campaign Medal. If a veteran’s DD-214 lists one of these medals and the veteran meets the revised criteria above, process the claim on a priority basis. " Am I elligible?

I can't get anything going my way.. This is more of a vent than anything.. I started writing my letter, re-writing, editing, and re-writing some more. I've been trying to get in contact with my VSO for a week now. To see what his thoughts on all this may be, and to see if he had any advice to offer. Well, today I had to go down an pick up a med from my VAMC because I'm not real trustworthy of the usps, and the pharmicist tech putting my meds in the pouch. So, every month, I have to drive down to the VAMC and pick them up. It's atleast an hour each way, and that's if I'm able to miss trafic. While I was down there, I figured I midas well get my wifes dependent id card updated. Her's actually still listed me being active duty. I believe it had just expired also. It's a good thing I decided to do this because deers was about to disenroll my daughter without informing me due to her SS# not being on file. Crazy. While I was doing all this, my VSO decided to call me back this afternoon. Didn't leave a message, but I seen his number on the caller id. So, now it'll probably be another week until I can speak to him. I'm pretty sure they take fridays "off", and who knows what other excuses he'll have for monday, tuesday, and wednesday. I've also been thinking here lately, I want to contribute more to this board. The problem is that I don't feel like I have enough knowledge and would probably be doing more harm then good. So, I thought to my self, self.. Maybe you should start blogging and maybe other vets can take away from that, and your situation. So, needless to say, after I get this letter done, I believe I'm going to start blogging on here. Thanks for listening.. Lol. Yours truely, Livingrock aka more confused than ever

Congrats CorCor.. I can't wait for the day, but it'll probably be a long one yet. I've only been fighting for a year and a half now on a mistake of theirs..

Where can I find the link to this broadcast? I thought I seen it on vawatchdog, but can seem to find it. Also, when does the broadcast take place? Thanks in advance.

Mcafee, If you don't mind me asking, how did you get this media contact? Is it someone you just met, contacted the brodcast station, ect.? Sorry if I'm being nosey, I'm just curious.