oldman273

I guess I am in the other 3 % I honestly think anything the VA says is crap. Just my own opinion as they are into covering their own assets.... I do not want to cuss the few honest people at the VA.

Thanks I went to the site I will try them in the Am. I hope they have a person I could hire out it is a long drive for me to go there but at this point I am not counting it out. Have a good day....

Thanks to all here is the short answer I put in 2001 for a bilateral knee claim had my SMR that I had multiple injuries all listed in my SMR to include the page I found the crepitus listed by the corpsman. With that said VA CMP surgeon said at the time based on my history and SMR it was at least 50% likely as not that my current knee condition was a result of my military service. In steps NP CMP on the denial who took everything I said and cherry picked the reasons for denying the first CMP by VA Surgeon. this was a an appeal which I fought all the way to BVA which after looking at the claim stated the NP did a bad job and only used what he wanted not based on rule of law. I won a remand and the VARO again got their University medical students we are a teaching college in my state so I went and got my own MRI and an IMO that slammed the VA using all my SMR and my continuing medical evidence as listed before and again they are sticking to their routine to try and deny the claim. This was the SSOC and now I am sitting here looking at the claim 1 VA orthopedic surgeon 1 civilian Orthapedic surgeon and digital x rays and MRI on both knees and I am back where I started. I am not giving up I have hung with this claim since 2001 and my knees are awful. I am going to try and get an IMO this week and ask for time to reply to their SSOC with one last volley. With that being said I have laid it out best as I could my injuries in service were all related to line of duty injuries running Jumping and a jeep wreck. That was the line I noticed in 1986 where the corpsman wrote in his exam and noted crepitus. The VA says I have no DJD in my record at all. I think with a note of Crepitus in my SMR along with all the times my knees were banged up I think it is a no brainier but dealing with people who supposed to work with us not against us I just get a little ticked off. Any Ideas how long the BVA will take to look at the appeal when it gets back up there? Thanks and have a good day. Off to ask my Back surgeon if he would like to help me with the claim.

Thanks Phil I appreciate it.

You all will get a laugh out of this one. I have a claim for my knees here is what the VA says : My remanded claim was again denied as I do not have any diagnosis of any DJD or any other injuries noted in my SMR. I may be wrong but I had to go back into my medical records from service ( I got hurt all the time) and I was looking over a document they cited but I looked and a navy corpsman his name and rank and the base stamp is on the records. The SMR sick call records shows In his notes I had crepitus in my knees. The VA just sent their SOC denying my claim on a remanded claim that I did not have any Degenerative Disease while in service. Am I right to think Crepitus in the knees is a sign of DJD in the joints? My exam that day was positive for effusion positive for Edema negative for mcmurray negative for drawers positive for crepitus and tender upon moving my knee. I tried to explain it to the VA examiner that when I first had my exam back in 2001 I had trouble with my knees and this guy just denies my claim based on his thoughts not my own history. With all of this said how could I have missed this? I looked at my SMR every time I have fought them and never noticed this my question to you all is this a plus or a minus if it was something you would run with? Right now I am trying to reply and let the BVA look at the claim. I had one of the VA surgeons already state back in 2001 that it was at least a 50/50 chance my knees were at least related to my military service based on my service medical records and my history. Now after the VA had the claim remanded back from the BVA they ignore their own VA doc during the CMP exam and my own surgeon who said the same thing they deny deny deny. I did not do it caps for sounding like a screaming vet but I am frustrated. any ideas? adios I am going to walk outside and look at the stars have a good night....

Hello I need to get a daily report for 1st tracked vehicle battalion from Okinawa Japan. Any ideas?I had a wreck in a jeep on guard duty on base after I hit a cement barrier when driving in tank wash area of 1st tracks. I had dropped of OOD for guard mount and bent the bumper of jeep back to the wheel. VARO cited undocumented MVW as one of the reasons for a denial in SSOC and I thought since it occurred on guard duty the wreck would be on there. I have my SMR which note "soft tissue injury from striking dash and light duty" . The VARO seems to point out undocumented motor vehicle accident in their report. Any Ideas or thoughts as I am fighting a 13 year old claim. This happened in 1986 December 3rd MAR DIV Okinawa Japan. Thanks have a good day

Hello and thanks I have to admit I had to goggle the writ to explain it to me. I am not an expert in legal issues. I think the forum has taught many of you to almost paralegal status and that is a sad thing. As for my claim I am not that excited about the review process as I have this appeal which goes back to 2001 and 2 other claims which go back to 2009. I had just started writing letters and demanding where my claim was as the canned responses from the VA were getting on my nerves. My question now before I actually see the response or latest answer to my response from the SOC is how do I respond to their opinion on my last rebuttal? Does the remanded appeal go back to the BVA for a review or am I able to again respond to their opinion? I know I have not seen their opinion but with the track record the land of No has a definite pattern. If I am wrong I will post the response. I did not want to put the lengthy text of the courts remand but to me the VA was not doing what the court of Veterans Appeals told them to do with expediting my remanded claim. From start of the remand to the latest level my remanded claim took over 3 years to get ready to head back to the Board of Veterans appeals. If I am to believe what I was told the remand now goes back to the BVA for a judge to look at all evidence and render a judgment. Am I holding my breath? No because with everything I have went through I took some advice from other members sage advice I am heading out to go read in the back yard with a book. If I allow myself to get all worked up I may wind up with one of those toe tags it is just not worth it to get all upset about things you can not control. I am not saying give up I am saying take a breather and post and see if anyone has any ideas. Adios and will advise when I get their latest work. Have a great fathers day and this is just my opinion others in the group may have more ridding on the claims than I do.

Yes thanks I would have post more but the SOC I had written about a few days ago was just sent out Friday. I should know something next week. As I have been at this for 13 years now I am not hopeful. As to the previous "Validated previous Diagnosis" Yes they all were related to my claim for a service connected injury. I am sure that a lot of veterans just throw their hands up in the air when the VA tells them that since they did not claim an injury within a year I think the VA uses that as a blanket policy. Reason being about 5 years after I got out I put in a claim for hypertension much like my knees also documented injury like my Hypertension I got 10% for that wish I did not have it but it was a condition that occurred on active duty. I will post on what comes out I hope I am wrong but after all of the no no no answers from the VA a yes would be nice to hear. I am open to anyone who has had their knees replaced in a PM. I am tired of these old knees. Thanks

Thanks Berta, here is my answer to one of the questions: got a copy of the C & P that BVA had ordered on remand, right away , knocked it down medically, and sent my argument to the C & P , to the BVA under my Docket number. Did that as well as replied to the VARO who questioned my claim with a "Student" my VA is a host to a college and they train up their Doctors using us Veterans. I am going to look at the remand orders to the VARO and here is what I have On remand, the appellant is free to submit additional evidence and argument on the remanded matters, and the Board is required to consider any such relevant evidence and argument. See Kay v. Principi, 16 Vet.App. 529, 534 (2002) (stating that, on remand, the Board must consider additional evidence and argument in assessing entitlement to benefit sought); Kutscherousky v. West, 12 Vet.App. 369, 372-73 (1999) (per curiam order). The Court has held that "[a] remand is meant to entail a critical examination of the justification for the decision." Fletcher v. Derwinski, 1 Vet.App. 394, 397 (1991). The Board must proceed expeditiously, in accordance with 38 U.S.C. § 7112 (requiring Secretary to provide for "expeditious treatment" of claims remanded by the Court) I went out and had a surgeon reply to their remand who looked and noted my SMR a MRI, x-rays and all of my evidence treatment records. About the only thing I have left to toss at them is the kitchen sink. Is there anything that I may have overlooked. The Surgeon I have that wants to do my knee replacement when I get ready put it in writing and the VARO and BVA has everything this was his last statement and all history including my SMR are listed in his report. THE PRESENT DIAGNOSIS OF MR. XXXXXX IS ONE OF A DEGENERATIVE PROCESS BILATERAL KNEES WHICH NO DOUBT HAD ITS ORIGINS DIRECTLY FROM THE TRAUMA HE SUFFERED WHILE IN THE PERFORMANCE OF HIS MILITARY DUTIES. THIS STATEMENT HAS BEEN VALIDATED BY THE PREVIOUS CONCLUSIONS BUT AT THIS POINT, BASED ON THE PRECEDING PRESENTATION; IT IS IN THE OPINION OF THE UNDERSIGNED THAT THE DEGENERATIVE CHANGES IN MR. OWEN’S KNEES ARE INDEED A DIRECT RESULT OF THOSE INJURIES.

Hey all I have been waiting on my VARO Columbia SC to get my remanded BVA claim that has been sitting at the VARO office for longer than it took to get through the BVA. I have went back through the post and read up does anyone have any recent dealings with VARO San Juan? I know this claim is complicated and was remanded and ready to rate before the VARO in Columbia SC but for some reason they have farmed this out. Not getting into a long drawn out story of woe but I have fought to keep this claim alive since 2001 it went all the way to BVA I won an remand back to VARO Columbia SC in 2009. I put in some new medical evidence a MRI and a Surgeons statement that based on my SMR and condition of my knees based on my age I needed a knee replacement(s) and the fact my knees are done for my age and normal wear. With all of that said what is my recourse should I get a rater there in PR that decides to agree to disagree? I know that the VA is getting swamped but It would really suck to have to submit new evidence and start all over again. I am not going to give up Thanks have a good day..

Hey I had been kicking this idea down the road about the grant if you apply qualify and you jump through the hoops. Has anyone out there had any experience with this program? I just have so much trouble with stuff around the house and it looks like It would be easier to start over on making modifacations on my house. I am under water right now with my house If I am able to keep the house I would like to put in for the grant my back Surgeon told me again yesterday he wants to do an MRI he thinks if my back continues its downward slide I am in for another surgery down the road, When I do build a new place or buy one I am open to any of you is there a web site that the VA offers to use to help a veteran through the process. I got the email and the rep at the VARO advised based on my Medical condition and the cost of modifying the house I am in that I should start looking at the grant process. I know one rep does not mean a hill of beans but my back and my physical needs are what the grant would be awarded. Thanks all I am sure some of you have already been down this road. Have a good day

Hello I am in need of a few answers that have me stumped. I just got a favorable descion back on my claim I got 100% P&T but the other issues were deffered for further work. The issues are tendonitis, aid and attendance, Migraines I was sure I had provided all the evidence they needed. The letter also said the education part Chapter 18 benefits were deffered I am sure it is also something I need to send it I filled out the kids school information and sent in the forms they asked to fill ot along with some surgical notes the VA needed so I guess I am done for a while. I was so used to sitting on this truckload of stress the silence and the nervous energy I used to deal with all of the time it is like somebody moved out on me. Kind of creepy around here but it is a lot better than it was I am wondering as well if there is a time limit when the VA will go back and look at these other issues? Reason I ask I am moving here this fall out west and once I figure where I will end up I will let my VARO know. I appriciate all the advice and help you could offer I should not worry about stuff I have no control over but I worry when I have to interact with the VA. Thanks have a good day

I think no matter what you try you have to leave it up to others to carry their own load you did the right thing and your heart was in the right place. I know I had been in the clouds myself here lately not worring about nothing I just got my 100% and I was thankful for that and that alone knowing that m family had some breathing room. You hang in there and let the cards fall where they may. I gave up years ago trying to help people go the right way If people want to do something or go a direction nothing will make them happy until they get there. I say God Bless and I hope you know which way you want to go. I can say from me to everyone on hadit. Thanks for being there for me...

Thanks J We went to the local VA office and the lady said state law required her employer to be her primary Insurance that was where I went off the tracks. I will have to find another source of information other than the local VA Office. I should have known they would be wrong the local office person told me 3 years ago my SC back issues were as high as they were going to be @ 40%. Looking back I should have never went to my local county office anyway. Again Thanks Jay I knew for myself of all the county tax and medical copays but never knew about the whole family stuff I never thought we would make it to P&T. It is easy to be wrong when you do not go to the right source. Is there a pamplet or book that lays it out? I will poke around myself as well.

Well here goes. I cannot beleive I am dealing with this I just got great news 1st of the month I got 100% P&T Here is todays crisis going on way too much drama my wife who has insurance through here work she is able to continue working full time but wants to know if she happened to up and quit her job how long would it take to get her insurance. I told her that I was told she could nolt be carried by both insurance companies at the same time. Thanks just trying to get an answer to anyone else who had ran into this. I want her to keep on working while she can, We have another couple we know who are seperated for 5 years now and both of them get along better than they did the whole time they were married, The wife is like me Service connected P&T 100% the husband and her get along great he has his civillian retirement and they decided to share the insurance issue and it worked for him and her. I am not spliting up or anything I just throw that couple in as an example of how much insurance means to some people. I thank you for any advice, I am just really tired tonight have a good evening

I hope you can have a good nights rest for once. I am happy for you one less thing to worry about the pressure release takes about 2-3 days for me. Take your time with yourself and Good Luck..

It is officail today in my hands hard copy I am 100% and not all issues are done with. I have my scheduled appointment to do the ID cards and my Commisary letter in hand. Also no more scheduled exams is stated. I never thought I would ever get to be this light headed as I am today. Thanks to all that ever offered advise thanks for the moral support. I feel better with a hard copy in hand.. Have a good week you all...

Well Guyand Gals the direct deposit hit this morning at 0139 am I am still not sure what is going on but My deposit showed me it was US Treasury and the ammount is about what I had did the math on. I had to ask a freind of mine to read off the ammount I was sure not able to read it myself my glasses got trashed this weekend. I am able Monday to check Ebenefits to see the exact letters if they are there. Again Thanks I will advise you all when I know more.. NO MORE PHONE CALLS!!!!! from Pesty bill collectors at least for now...LOL

I may have had my hopes up or the VA is going back and working on my appeal at the VARO. I have this claim in for several issues Contentions: mood disorder to include depression (New), sciatica (New), tendonitis (New), intervertebral disc syndrome (New), aid & attendance (New), permanent and total (New), temporary 100% (New), These above is what my claim is. My appeal which never went to DC I was told by the lady last month at the VARO in Columbia SC that TDIU claims are being kept from proceding on to DC or Court of Veterans Appeals. I suspect somebody put a stop to claims like mine where there is no doubt the veteran has documented SC Injury Surgery Theraphy and Doctor/Surgeon writes Letter stating Veteran is unable to work because of SC Injury after reviewing SMR and everything else has failed the veteran is done. I hated to draw that out but my appeal I hope is the reason why it got droped back to review of evidence and I hope it goes back up four more levels and I can be done with everything. I did luck out this year with a very mild winter my plans are to take my kids on one of those vacations that they can remember and finish getting my bills paid off. I am going to do this I am not going to keep checking the web site I will know it when I see the direct deposit go in or I get that big envolope. I also want my kids to get on the Military Insurance. If any of you are on that drop me a line I have the % levels to qualify I am at 90% now getting them onto insurance is one big laod of my back as well Appriciate all the kind words. I am sure it is no big deal... Adios

Well It has came to an end today My claim that has gone on four years to the day April 09. I got the call from the VA double triple checked my Ebenefits account the claim went from gathering information to the " We are packing your claim for mailing". I am hoping this is it and I can get the last of my stuff taken care of bill wise. I have to wait till I can go buck wild scremaing and hollering but tonight I know I can not worry about getting down to check my account. My claim was for tempoary 100% following surgery that claim took 3 years from date of claim. I could not get the guy to confirm anything but he did ask about the probono lawyers up in DC that are working my other appeal. Since they only asked to be kept up to date all that was settled the rep told me I had a rather large ammount of back pay coming I have so many bills to get caught up. I say many thanks premature yes but many thanks to those that offered help and advice. I will keep you guys up to date on when the big white package gets in and where I can say I am headed. Now at least if things go right I know I am not trapped here again. Thanks one and all

Hey thanks I am sure it will do that bouncing thing again. If they do not get on the ball it will be time for another C/P exam.. I just got like my third Doctors note based on the second letter from the VARO telling me I needed a different phrase or the letter was worded wrong. I had the last letter that the Veterans sent me and the surgeon laid everything out More than I asked about but when I send this thing in my claim will no doubt bounce around all the over the place. I noticed you are at the 90% level as well that last 10% takes another 50% to make it to 100% Adios and good luck

Hey My claim is at the stage listed above. I know it will move how it is going to move how it is going to move but at least it is moving happy about that. I have heard from others the new site design is better and all the heck we used to have to go to a VARO office to get registered for the level 2 acess now it is done over the phone. I can say that as I did it last week and that is how I know where it is. I am so ready to have the claims done. Thanks again...

Hey got a question If a disabled veteran is not fully disabled at the 100% rating and gets legally seperated how does the VA handle the payments for the wife or husband who is not a veteran? I ask as I am looking at how the VA stipulates payment. I have no idea if any how they fight it out I just want to have the right ammount of money coming in and going out. Thanks and have a good day. I am not wanting to start a flame war or anything just hear what others have done or had done to them. Thanks again...

Hey Thanks I am looking at Florida every one tells me Florida or Arizona for the weather. I have a place up here in SC I have sold off all the stuff that theives can steal (I hope) I am looking to relocate some where warmer than here. We have had such a warm winter here I should not complain that much but the temps are on the way down for a few days. I have the one appointment coming up the 23rd and I am done. How is the Veterans Hospital down there which one do you go to? Thanks have a good one. Also Mystic does Florida give the veteran the tax break like SC does? I am lucky I am selling my home and keeping the farm and old farm house the taxes are nothing on it here. Adios thanks for the advice.

Hey it has been a while since I posted but I have a hearing at the VARO that I requested before the claim goes onto DC. I put in for IU on the claim that my SC Back and last of 3 surgeries the last one was a 3 level spinal fusion. I have submited from the Nuero surgeon who wrote in his opinion I am P&T disabled. The letters along with all of my other medical evidence from the hospital and my theraphy were submited when I put in the claim. Any one have an idea of what else I am missing and how long after the hearing should I know the results. Thanks for any suggestions. I am 90% totaled right now with 60% for my heart 30% for migraines 40% for my back. 10% for my hypertension 10% each leg for nerve damage from my spine. I hurt my back on active duty and after 3 surgeries my back kills me every day. About the best thing so far for me has been the unusal warm weather we have had this winter is the biggest break I have had. I worried so much last summer that the winter was going to slam me. I am hoping to get all of my claims over with so I can move south soon. Thanks again