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Jayg

Senior Chief Petty Officer
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About Jayg

  • Rank
    E-7 Chief Petty Officer
  • Birthday 06/26/1955

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Profile Information

  • Location
    East Texas
  • Interests
    American Military history especially the War Between the States

Previous Fields

  • Service Connected Disability
    TDIU

Recent Profile Visitors

730 profile views
  1. Abnormal gate was the key to my success. I had bilat flat ft and an ankle injury sc. I filed for knees, hips & low back secondary to those by way of altered gate. One thing I did wrong was wear newer shoes to a C&P exam. Duh! C&P report conclusion? It said "No specific wear on shoes. No evidence of altered gait." That round was denied. (excepting 2 or three comments on such things in my records like "significant truncal shift", and "Trendelenburg lurch and a comment else where in the C&P report about "antalgic gait." Fortunately, I wore cheap soft soled boots to work while I still could and saved them for the leather when they wore out. I happened to have 3 pair well and lop sidedly worn boots that I took a host of photos of and included in my NOD. That was my battle too. Nobody was denying I had those conditions, just that my sc had any responsibility for them. I waded through medical studies and things like OSHA reports indicating the connection between altered gait and my secondary conditions. Many here contend "internet print outs" don't carry any weight. But I feel they were a significant part of my success too. It still took an IMO but, it didn't hurt matters handing them over to the doc that gave me the IMO either. He cited a number of the studies in the letter he sent in. It worked for me, it just took 5 years to get to that point. I wish you far better luck.
  2. Yeah, I got one of those. Same thing. Besides, all this is moot. Those VA quacks have carte blanche and are exempt from LAW< never mind rules. My last few C&Ps would have put some people in prison otherwise. Isn't it against the law to falsify government records? Not at VA! One rebuttal of a C&P exam I submitted ran over 30 pages including the copies of records I submitted proving the lies. Exam said I had antalgic gait but exam summary said gait was steady and even indicating no altered gait! Said no uneven shoe wear but the photos of the shoes I wore proved otherwise. Also said there were no other records indicating altered gait. But what is a Trendelenburg lurch? Pronounced truncal shift? there are many others. The examiner pushed my limbs to get the desired range of motion results til I jerked and yelled coming off the table onto the floor from the pain. Hey! No witnesses allowed and she denied touching me to my face, right there. They stated my radiological exams made no statements of conditions those reports clearly did. The list is far too long to go on here. There were a couple others almost as bad. Those rebuttals and their perfidy may have had some influence in getting my claim approved in the face of abysmal C&P exams. I don't know. But it's clear that they were not accepted as true. But I have no doubt those same people are still there doing the same things. These people are a power unto themselves and care nought for rules, regulations or law. Change will have to come from the top. That's the only way to break up this mess.
  3. Personally, I can't figure out how in the heck the system works. I hardly seem to get paid the same twice and often feel I'm getting way over paid. (I take it gratefully considering it a "tax refund.") But if my calculations are right, yesterday, I got $.60/mile. Today, (I happened to have back to back appointments) I got $.44/mi. Then again, I go to a VAMC about 65 miles from me but there is a VA clinic within 20 miles. If I get a treatment at the hospital I could have got at the clinic, the only pay the fare for the clinic. (and I don't have any complaint with that either, for the record.) But how they figure the amounts is beyond me. By the way, how you get the money varies a little from location to location. In my local hospital, you first have the sign out clerk "put you in" for your travel pay. Then you go to the cashier's window, sign the form and get your $ all at one stop. At times I have to go to Houston. There, like another person said, (after having the clerk send in the request for travel pay to the cashier's window), you sign the form at one window and pick up your $ at another. But, can someone please explain how when the mileage stays the same, amount of $ changes time to time (not counting the change for Clinic distance rate) Thanks!
  4. Personally, I would think he would do well to obtain full copies of all his records and go over them with a fine tooth comb. I have not had a mental, though it was close, (my rating is solely based on physical) but I know more than once what I saw and heard said and done in the exam room wasn't exactly (or occasionally even remotely!) what went into the record of that visit. Secondly, and someone with a background of experience with mental health treatment might want to double check mo on this, seek an IMO- Independent Medical Opinion. Get a diagnosis from somebody retained by you (or your spouse) and having no obligation or interest in how VA might feel about your condition. Being independently obtained, you also have the option of whether or not you want to show it to anyone at VA. (I am assuming you aren't in as bad shape as claimed though should the IMO agree with the prior diagnosis, you might consider the implications carefully) Another thing would be to do some serious personal research into just what all can get you such diagnoses. Personally, I don't have a lot of faith in shrinks. Who knows what otherwise seemingly innocent mannerism or remark could have brought that down upon you. Good luck!
  5. I am indeed sorry for your suffering but am most grateful to hear of your most rapid success in getting your TDIU. It took me 5 years and I wouldn't wish that on anybody. (well, a few politicians maybe...) Berta, you well know that having your "ducks in a row" and being "well armed with evidence" doesn't mean squat when you have C&P examiners falsifying records, pushing your limbs until you yell during range of motion testing and then deny it to your face (but hey, no witnesses allowed). Then at the end when I finally got it approved I needed 3 signatures and a person at the regional office had my file for several weeks and refused to release to anyone to sign off on! (one case where it was good to have a service organization rep. My organization's supervisor had to go straight to the regional office manager and had my file ordered released and hand carried it through for the signatures.) No, this vet had a lot more going for him/her (sorry, no offense meant!) than just being prepared.(Not that I'm suggesting anything less will do!) Hopefully, wherever they had their exams done and their regional office make a regular practice of treating their veterans as honestly as they have this person.
  6. As I type here, now, the letters appear but I have no cursor, no little blinking thingy...here... but, I have no such problem anywhere else. Halp!please...
  7. I just recently got IU but, I had no recent visits to try to file so I can't tell you about that part. But my teeth are shot. I was examined at VA where they determined I need total extraction and that it'll require surgery. They sent me close to home to a fee base surgeon who will do the extractions. I will report back to VAMC for fitting & manufacture of dentures. The dental surgeon said Dallas will go implants but not so much from Shreveport... where I go. I'll have to look into that... This is my limited experience anyway.
  8. Don't worry overmuch about what VA says... I too wear VA authorized Custom fitted braces and same for shoe inserts. I wore all of the above to my last C&P and they said I had neither braces nor inserts. They actually did acknowledge I was using a cane.* * A tip here. Get your VA to issue you a cane if you have not. That tacitly implies you actually need one. I had an earlier C&P note that though I used a cane, VA had not seen fit to authorize one calling into question whether or not I actually needed it! Just note what VA says in denial and disagree and bury them in rebutting documentation. You will eventually succeed. Remember, all the delay just means a fatter retro at the end. B)
  9. I know VARO physically sent my file to the VAMC where the C&P exams were done. But my file is some 5" or 6" thick and I sure as heck didn't see anything like that present in the room in either of my last two exams. It is possible they reviewed it prior to the exams. My medical records were available on the computer. They stated repeatedly that the records were reviewed But... The exam reports were so horribly falsified there's no telling if they bothered to read it or not. I was able to rebut many of their statements with nearly 30 pages from my file. (I did have a recent copy) I mean they stated I did not have any special shoe inserts when I wore them to the exams and the authority for their custom fitting was in my VA med records. They said I had no unusual shoe wear when the shoes I wore were so worn and there were photos of three such pairs of shoes in my C file. They said my gait was steady and even in the same report they described my gait as being antalgic. Even so, my med records have a statement that I had "Trendelenberg Lurch." The report said my X-ray report did not indicate hallas valgus when the report did in fact say there was... The list goes on and on... Did they bother to read my file? Perhaps. They sure denied a lot of things my file said I claimed were wrong. Moreso than can be accounted for by chance. They knew specifically what to address.
  10. Why hard on VA? Speaking solely for myself here based on my own experiences. I posted my results in the "success stories" too. But--- that "success" came only after 5 years struggle, forced into bankruptcy while raters pass my file from desk after desk after desk, month after month, year after year. Years of watching my wife struggle to pay bills and keep us fed because I couldn't. To cry and beg on the phone for one more exception, or extension... Of having my VA doctor, my only doctor, as much as refuse to make a nexus statement or any statement for my claim. Of finally finding a doctor to write me an IMO on credit- to have to PAY a couple thousand dollars for a statement because the VA examiners blatantly lie and falsify records unpunished. Then of having a rater hold onto my file for weeks literally refusing to allow it to be given to people wha can release my rating... The above is but a brief overview of the causes of my resentment. The amount of griping is only indicative about how widespread problems with VA are. Nuff said.
  11. "and he has [not?] rec his check..." I had mine within a week. (this was last Dec.) But then, by the time my claim got done it was getting special handling and that may have expedited things.
  12. You really want to see that C&P exam. Mine was so badly and utterly falsified my rebuttal was 30 pages long (copies from my records disproving the many lies they wrote.) And I am not just talking minor indiscretions- At my exam I was wearing special shoe inserts that were authorized by VA, I asked the examiner if she wanted to see them and she said no- that's because she was writing that I didn't have any. She said my shoes had no abnormal wear when they did, as do two other pair there are 8x10 photos of in my claim file. They said a statement from my doctor in my medical records was "actually made by a student physician's assistant and erroneously perpetuated throughout the record." They said I had "antalgic gait." That must have been a slip because they"corrected" it in the summary where they wrote my gait was "steady and even." They said X-ray reports didn't say things they in fact did.... And the list goes on- and on and--- You can imagine how much more that it took me dozens of pages to rebut. And there were two exams like that. They went so far as to say it "was not medically possible" that bad knees and back could be the result of combined effects of flat feet and ankle injury. Oh yeah. You want- you need- to see what's in that C&P report! You should be able to get a copy from the examining facility (VAMC?) release of information office. If the exam was done by an outside provider, you'll have to get it from your VARO. And if I recall correctly, my file was with the "rating team" for about 2 years. They just kept passing it from one rater to another. They moved it about every 90 days I think it was.
  13. My most heartfelt condolences. It was hard going for my mom too. Just knowing she would have been glad to have done was what I clung to. Find some thing that gives you some relief and hold it close.
  14. I have got the go ahead to release his info. His name is Dr. William Kalichman. He maintains a regular practice and can only take one or two people at a time for review and IMO. You can email him at... maule@owt.com What I did was mail him copies of my smrs, civilian medical records, entire claim file, x-rays- everything I thought he could use to determine my case. Things he cited from every segment of that pile clearly demonstrated that he had thoroughly examined every facet of my case... From here, all arrangements are between the applicant and him. I do not have any connection with any further proceedings and I do not make any profit from this. He helped me, a few vets from his practice and appalled at the injustice desires to help others. That's all I want out of it too. To help other vets.
  15. Dont give them the satisfaction!!! As others before me noted, File an NOD, request a hearing and go live your life. The time is going to pass anyway. We are not so different, you and I... Just 6 weeks or so I was at 40% and like others, had been fighting this for years, 5 for me. They blatantly falsified C&P exams- said I had antalgic gait then said gait was steady all in the same report. Said a statement made by me doctor wasn't made by the doctor but by an student physician's assistant and that the comment was "erroneously perpetuated throughout the record." Said I didn't have shoe were that they had photos showing I did have, said I didn't have shoe inserts that were prescribed by VA and I had worn to the exam- probably why they said they didn't want to see them... It's a lonnggg list. Then I actually got my rating but due to the retro required 3 signatures and a person at the VARO with my file was just holding it and not passing it to anyone to sign! It took my TX vet Rep's supervisor going to the top VARO supervisor to make the so & so let go of it. Took them 2 days to finish after it was held for a month or more. But here I am today, 80% actual and 100% by way of IU. But you quit now, you lose-they win. For Crise sakes, don't let it happen! You ain't the first to be fed up. Lord I know. Times I wanted to quit- I just didn't have any choice. but if nought else, hand it over to a lawyer, vet rep, wife, brother, cousin, neighbo, somebody, Anybody- Just don't quit.
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