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Jayg
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Posts posted by Jayg
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Howdy. I am new to this forum and oy! do I have a lot of questions!
I am 52, w/ 40% VA disability but have secondary conditions appealed.
I am not TDIU but do believe I will succeed in getting there.
A new note in my medical records state I "am unable to do any physical activity w/out discomfort." This has only just been submitted in my appeal.
I am VAsc for feet & an ankle. But secondary conditions, knees, hip, back... render me unemployable. My trades have been Truck driving, construction, factory & machinist. I am unable to do anything like those.
Do I have to be VA rated IU before applying for SS?
I have been unemployed since 2004.
Am I eligable for SSD, SSI, which? both??
Should I apply for SS? (if eligable)? I have 'heard' that if you get SS? first, VA will adjust your VA compensation rather like concurrent receipt.
Will having SS? hurt or help with VA claim/appeal?
Education? I did graduate from High school but just barely.
Also, I am diagnosed with "severe debilitating arthritis." I am on strong pain meds. I am also somewhat easily confused,
so please, point me in the right direction here? Then I'll be able to look for more specific things on my own. B) Thanks to all in advance.
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You should hear soon. Nothing wrong with calling 800 827 1000 and asking what is up.
Good Luck
Ditto. I call every few weeks just to see where things are with my appeal, and once a week when it gets close to time for something to happen.
That's how I first found out about my last increase. The guy on the phone read it all off to me and said you should get the letter in a few days (and I did.) I had an NOD already drafted for the denials and was rearing to go. We can't speed them up but we can prevent adding to the delay ourselves.
That's like right now, my file is with the rater and my VSO said they should have some answer w/in 4-6 weeks. So I'll start calling every couple days in a month.
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***If you are 30% and greater service connected All of the above and:
• Additional compensation for dependents. (Spouse, children, dependent parents)
"Additional" what kind of benefits for dependents of vets rated at 30% ??? B)
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Nothing like getting a C&P exam from a PA who's fighting with her husband/other on the phone during your exam. B)
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Please do not let the VA find out that you are an illegal alien...They will stop your pension and ask for back pay.
Get an immigration attorney NOW and get that taken care of.
I take it her late husband was an American soldier (or other military branch). Doesn't marraige to a US Citizen, Military or civilian- no matter, carry rights of citizenship for foreign born spouses?
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No place for other veterans to check. Don't they want our support?
I hope it goes through. But there's some part of me, deep down where it hurts, that asks, where's my GI Bill?... (Viet Nam era)
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First we have to remember to separate VAMC from VARO.
I don't know that I agree over all. I have experience of only two VA hospitals, Dallas Texas and Shreveport LA.
Dallas I haven't been to in years, thank God. It was simply too huge and over loaded to give any individual attention to anyone. The overall emotion of the place I would call "despair."
Shreveport on the other hand I would call excellent. I have received good care there, most staff are friendly and eager to help. You won't stand in a hall looking lost long before somebody will stop and ask if they can help. I have run into a few dolts but any organization will have those.
Overall, I am satisfied, and in my personal situation, grateful, for my VA healthcare.
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Challenge them how? I'm interested! <_<I am in the process of challenging this type of prejudice or judgmental mentallity.It seems that these folks can do and say what ever they wish make the rules up as they go with no Accountability.This is bound to create more of an issue for them in the future i believe and come back to haunt them. -
I don't see anybody else complaining about the VARO rewording claims. I guess that's just a Waco thing?
(that really isn't supposed to be pronounced "wacko" but it fits too perfectly. <_< )
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I'm out of Waco Texas too. Delay, delay, delay, deny.
One one occassion I had them wait the whole 60 days to act on my file even though I mailed 3 forms, faxed 2, and wrote 2 letters begging them to move on it, that I had nothing more to add.
They have falsified my claims, rewording them into things completely different from what I claimed, for one, I claimed bilateral knees secondary to sc feet and ankles. They changed it to have me claiming one knee 'directly relating to military service' and the other knee secondary to the first. Since I didn't injure my knee in service denied. I have written them about it I don't know how many times and so far it remains uncorrected. I just yesterday got in touch with my service org (TXVC) and a fellow is supposed go see the rater and make sure it's understood.
Evidence has been 'lost' but not by a great deal. That really hasn't been a problem.
Let add something in their defense. Hurricane Katrina really loused things up. When the hurricanes clobbered LA, much if not all of their Vet load got dumped on Texas. That really changed things up.
Another thing my VSO reported is that Waco has been catching some heavy hi-level flack from a lot of complaints. They seem to be working to correct things.
Another thing. I don't know if this is normal or not. VSO says not. Doesn't sound right. But one of his vets got a call from them and they cut a deal. You know, drop your claim on X and we'll grant your Y.
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Hi all. I can't find the forum list and am not sure I have the right one. If not, my apologies.
In another topic someone referred to an "automobile grant" and I have a question on that subject so here goes.
I'm being issued by VA a 3 wheeled scooter and the lift to haul it.
My concern is that they will only pay to install the lift once. The family car is a Nissan Altima and I don't know that it will carry the things. Even if it could, it'll really reduce or gas mileage that we bought it for.
We have a van but it has over 235,000 miles on it and a stuck valve that will cost more than the van is worth to repair. It's in horrid shape other ways too. The poor thing is pretty darn close to the scrap heap.
I'm unemployed, have filed for TDIU but through VA denials still only at 40%- ergo, flat broke. My question is, are there any grants or programs to help with getting vehicles in condition to accept the modification or to obtain a vehicle that will carry the devices?
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Hey, You never know what VA will do to louse you up. They have completely changed my claim.
I claimed bilateral knees as seconday to service connected feet and ankle. The denial said I claimed one knee injured in service and the other knee secondary to the first. Their being no record of injury in service, (naturally!) both were denied.
They also denied my shoulder. But I don't mind that so much because I never claimed my shoulder to beginn with. <_<
I have written to have that corrected and they have maintained it through two denials. I'm waiting now to see if they correct it for round three.
So your case really isn't all that fouled up.
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Thanks brings back some old memories
For sure!
Most of those carried over into the 70s, my time. In a quick review, I belive I caught one error. That most infamous of C-rats was, IIRC, (a-hem!) Ham & MFrs, not Beans & MFrs. Got a can of them once that was older than I was at the time. <_< I looked under the H listing too and didn't see it.
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Also, there is no C & P they can give me as all the Docs I have at the VA have already stated opinions & they are all that I need A & A.
Don't bet on it! It's their game, they make the rules, you have to follow them but they don't.
You have doctors, they have PA's. Guess who's word they'll take first??? <_<
You can't rush the system. It's like a mule... the harder you try to make it work, the harder it digs in it's heels.
You need to "sit back and wait," yes. Then you'll know which direction to go.
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Rock
If you can get a doctor to review your SMR's and make the connection between them and your current diagnosed disability you can make it happen. If your SMR's say schizophrenia and you have a current doctor who says schizophrenia....bingo. The VA may ask where you have been for the last 30 years in regards to treatment, but I think that can be overcome. Without that you are going nowhere. Get a current diagnosis of schizophrenia. You don't have to be psychotic. There are many who have chronic simple schizophrenia who just appear odd and are never hospitalized, or have total breaks with reality.
Don't try and fight cityhall. These VA guys are professional vet killers. They will wait you out with arguments and BS.
I'm one of those vets that are totally dependent on VA for my health care. I simly cannot afford to pay for a nexus letter.
The problem with the current system for folks like me, is that I must depend upon a C&P to provide nexus. But they are an adverserial branch whose main functuion is to find some way to deny that nexus.
I managed to get my promary care doctor to give me a at least a vague connecting statement. He's been on administrative duty and not seeing patients lately. I wonder if they're punishing him for doing that.
My other condition is noted only as "idiopathic," meaning they ain't offering any opinion as to what caused it. Seems to me that would be a good place to apply the "benefit of the boubt rule." But noo-ohh.
I think they should let the care provide nexus where possible. I mean a medical doctor can make a "more/less likely than not" observation that joint problems could be the result of a reported in-service injury. Then leave it to the rater to determine if suffient evidence of record exist to verify the vets claim of in-service injury.
That'd be a lot less conflict of interest. Probably why they changed it. B)
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I think it does speed it up if you tell them to go ahead and adjudicate your claim. They may be getting ready to finish your claim and just need the all clear to stop waiting and act. I know you said you already sent them prior notice to settle you claim now, but I would send in the response. They are so dumb they may have just filed your other notices and forgot about them.
Once after they asked for more evidence and I had nothing more to submit, I filed 3 forms, faxed 2, and wrote two letters and they sat on my bloody file for the full blankety blank, expletive deleted, 60 days before going ahead with my claim process.
To say I was incensed is something of an understatement. B)
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That pretty well covers it. Thank you all. B)
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Thanks Wings. You're closer to what I was asking. I had just filed an NOD about a week ago. I will attach copies of the specific items. I don't trust them to either look for or find the parts I want them to.
I can't hand deliver, too dang far. But I will mail it certified with return receipt.
I'm not sure what all that means. Does that mean since TDIU is considered an increase in sc conditions, they don't grant back pay to claim date?
And I must confess all that is dense, or I am. What good comes of submitting that with my evidence? What am I trying to say with it? B)
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If you could get your VA doctor to tie the notes together and make an opinion that would be the best way to do it.
That ain't gonna happen. I've tried to talk them into such comments and no dice. My primary care provider did entered a comment, "flat feet which cause knee and low back pain." That's as far as he will go.
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If these records are part of your medical records at the VA then you can ask them to get these records to support your claim.
They are VAMC treatment records. I have made copies of the "progress notes."
It is how to present them for maximum benefit that I ask.
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My last topic on this appears to have run it's course. So to get advice on how to best use new comments in my health record, I'll start a new topic.
To recap...
(caps as in original document)
"INABILITY TO CARRY OUT ANY PHYSICAL ACTIVITY WITHOUT DISCOMFORT... increased discomfort is experienced with ANY physical activity."
and...
"Able to walk without walker with great difficulty demonstrating Trendelenburg Lurching."
Ok, These are good then I take it. (for TDIU (claimed, denied and presently appealed). Now, what do I do with 'em? B)
Do I just attach copies of the progress notes and send them in with a 21-4138? Or do I make some commentary and/or attach some references as related supporting evidence?
Advice wanted. Please?
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To recap...
(caps as in original document)
"INABILITY TO CARRY OUT ANY PHYSICAL ACTIVITY WITHOUT DISCOMFORT... increased discomfort is experienced with ANY physical activity."
and...
"Able to walk without walker with great difficulty demonstrating Trendelenburg Lurching."
Ok, These are good then, (for TDIU (claimed, denied and presently appealed). Now, what do I do with 'em?
Do I just attach copies of the progress notes and send them in with a 21-4138? Or do I make some commentary and/or attach some references as related supporting evidence?
Advice wanted. Please? B)
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Yeah, In my case, I had a gap running from 1978-1981. I was in the artillery and had reported hearing loss and ringing in my ears. I was to leave my records for a profile so I could get a transfer to a non hearing hazard MOS. I spent 2 more years in the arty.
I did get the hearing profile to P3. I just found out 20some years too late though. B)
But I was still able to get my 10% for tinitus by MOS and other records I had. But for my ankle? Nada till the records showed up.
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Wow! If they lose ALL your medical records, they have to provide you with heightened benefit of the doubt.
The vet here was discharged from service in 1991. He said he had dizziness and headaches in service (no records). His physician said they diagnosed him with hypertension in 1992 or 1993. (No records of that either - even though it is post service diagnoses - a year or two post service). Now has end stage renal disease - Was granted SC for the renal disease and depression.
http://www.va.gov/vetapp08/files2/0809646.txt
So if they lose PART of your record (the part that shows the connection) - hope they lose ALL of your record.
Free
I guess that's what happened to me. I did two hitches from 1974-81. I have (some only it now turns out) of my health records from my first enlistment. I went to Germany on my second and had to get a review for a profile. I was advized not to leave my records at (3ID) division because "they lose 'em." Well, I had to leave them and they lost them. I last saw those records in 1980. But I did my last 5 months at Ft. Puke and had records from that period. When I filed on an injury from Germany I was denied on "no record of complaint in service."
The good news was that, after requesting records from NARA I don't remember how many times, the long lost records magically appeared in 2005!
Even then, there's a comment in my record noting that they only have partial records submitted by me. I guess VA never got a copy of the whole pack. I forget the exact comment but it suggested doubt on the validity of my submitted copies. B)
Unfortunately there was another event at Ft. Knox but I was treated at a local clinic on post. It appears that I have none of those clinic records (the bulk of my treatment), pretty much only those from the main hospital were I did a week for ARD.
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You know, on further review of that case, you can read it as they were all lost, but it doesn't stipulate that it has to be the case. Now to track down those other cited cases...
Despite a thorough search for the veteran's service medical
records, it appears that they are unavailable. Under such
circumstances, VA has a heightened obligation to explain its
findings and conclusions and to carefully consider the
benefit of the doubt rule. See Cuevas v. Principi, 3 Vet.
App. 542, 548 (1992), O'Hare v. Derwinski, 1 Vet. App. 365,
367 (1991).
Curious. I haven't (yet) been able to find that case. Lots of citings though.
so please, point me in the right direction here? Then I'll be able to look for more specific things on my own. B) 
Just Found This Forum, Have Some Questions
in Social Security Disability Questions
Posted · Edited by Jayg
Chronic pain? Ohhh yeah. I've got it and have had for years. I have submitted my med printouts and a few other internet references on the meds & their side effects.
I was taking lesser meds before I last worked, as a machinist. I was rated as a chief machinist and had been a good one. But I had begun misreading prints and simple tasks started taking me foreever. I began having (and really have now!) difficulty remembering things. I can go to a room or the barn to get something and flat forget what I went after. Unfortunately I passed the little memory test my doctor gave me with flying colors.
Depressed? I'm unemployed, bankrupt, on foodstamps and taking handouts when I have worked all my life. I'm watching my wife crumple under the strain of paying to many bills with too little money. Of course I'm depressed! There'd be something badly wrong with me if I wasn't! B) But I'm also a recovering alcoholic (20+ years sobriety) and those psyche drugs scare the expletive omitted out of me! I hate the pain meds I have to take, (that's depressing too) Suicidal? y/n. If it was just me I'd check out and not go through this crap. But it ain't just me. I have a wife and kids and I still am worth (if barely) more alive to them than dead so I'm sticking.
I also rested positive for PTSD but as a Cold War Vet the triggers are lacking. I could mention a couple things but there are no records. One event didn't even happen if you know what I mean. And even still, just those would still be thin.
Another thing about the depression diagnosis. They wanted me to go to meetings once a week. I can't drive it, and it's after hours and I can't have my family dragging me on a 120 mile round trip like that even if our 150,000+ car would hold up under it. That would drive me totally over the edge.
The darndest thing is I may have to do this. It may crack my wife up completely and we don't have any insurance for her. (She doesn't work outside the home, a good old fashioned stay at home wife/mother.)
I've worked for wages since I was 16 so I should be good to go for SS. I think the last report I got said I was good for it. I'll check as you suggest.
Glad to hear that 'offset' isn't an issue. I couldn't afford it, especially these days. I understand SS & VA are two entirely sererate entities.
I've wondered about needing a lawyer for SS. My Mom had to get one and she was a catarct blind, lame, diabetic, amputee fer gossakes!
Speaking of lawyers, I understand needing one that specializes with SS cases. Do I look for a local Yokel or one of those internet entities that brag up a "95% success rate"?