Jayg

I don't know that I'm "very Claustrophobic" but I am somewhat. I had to get an MRI of my lower back and requested some meds. It was granted but I found my appointment was right close to closing time. They suggested letting them put a towel over my face. It worked, with doing some serious mind games, counting backwards and the like. Next time, I'm taking the meds!

Eggzackly what, please, is a "code sheet"? B)

This is an emotional place. Lot's of folks get testy time to time. I can't share your pain. I can only sympathize as my boys are still school ages. I can and do still fear for the world they must mature into. I agree that idle hands and mind are no good. If you can't get to a fishing stream, get a piece of wood and make something with it. I find that putting an old fashioned oil finish onto a piece of wood is very calming. Looks a darn sight better than any poly finish too! If that doesn't do it, get a pocket knife, a chunk of 2x4 (FSP not yellow pine) and make a toothpick.

Thanks for the good wishes. With all due respect, it isn't just a "part" of it. It isn't even most of it. It's the whole- bloody- stinking- thing... from 1st page to the last "it isn't medically feasible..." The only thing they gave on was to even admit I did have some health problems. They have even denied that previously. It's (the exam report) waayyy too long to just post here but I will gladly make the rag available to anybody who wants to see it. Annddd, after 4 or 5 years (not as long as some, I grant you) I should think I have some right to "despair." Somebody should go to prison for this thing. Don't to worry. I'm not nearly naive enough to think anybody will so much as get their wrist slapped. Probably got a bonus for creative report writing! Please excuse me for the overflow of bitterness, but as the old saying goes, "my cup runneth over..."

They had no problem dealing with "concurrent receipt" and a person's retirement for so many years service and disability compensation are no ways related. They'll have no problem with this. Just like they have no problem voting themselves raises. Well, somebody has to pay for those... why not us? The real irony here for me? I put off applying for SSDI for years now because I was told if I got that first, they would deduct that amount from my compensation. So now they actually are?!

For those following my particular saga of Lying, record falsifying C&P exams and reports, There may be a change in forecast. as reported on another topic, I got an IRIS response that said a decision was made on 22 Sept. and allowing for adminstrative work, I should be getting official word soon. My VSO with the Texas Veterans Commission has been in Dallas for training followed by some doctors appointments after so today was the first day I could get ahold of him. The idiots in St Louis or wherever the 1-800 call center is these days didn't even see that I had gotten a decision until I told him. So having gotten ahold of R. (my VSO) he checked the computer and said he'd go up and see what he could find out. He called me back with a wondrously vague and wholly unexpected report. He said..... "(near as I recall the conversation) "You should be very pleased at your rating, very happy indeed." They didn't grant 100% because he went on to say,... "When you get your award letter, you may want to right me with instructions to drop the appeal. I think you'll be that happy with it that you will want to." I can't imagine what he might think would have me willing to drop my appeal, unless it is mere wishful thinking on his part, - but I can think of one thing that would get me to drop it now... Since I have a multiple item claim including TDIU (for which I was short on percentage points being so far only rated at 40%), if they grant that, then I would be willing to let it slide, (assuming that would allow me to pick it back up at a later date should it become needful.) Would a grant of TDIU allow my wife to be able to use VA health care? Has to be "permanent & total", doesn't it? Well, I ain't likely to get any better unless they think that back surgery they offered would cure me. I had said he was vague. That was all he would tell me. Nothing specific. He did allow the paper work was delayed because they forgot to figure my dependents in the rating so had to send it back for correction. Otherwise, he said give it 10 days to two weeks. Anyhow, there you have it. I will not hope since that has long ago become a luxury I can't afford and prayer effectively useless if not outright negatively resultant. So it's just going to be a long two weeks.

I'm going through Waco too. Had a dro hearing in Mrch. I just finished with tests a couple weeks ago. I just found out last week a decision has been made. Waiting to find out what that is (but expect I know the answer.).

I should hope this doc would qualify?!! (some specifics removed for privacy sake) 1982-1986: Rutgers College, The State University of New Jersey, New Brunswick, New Jersey. Graduated with honors. Bachelors degree in physiology and physics. 1986-1990: XXXXX Medical School, XXXXX New Jersey. Doctor of Medicine. 1984-1990: Emergency Medical Technician and Paramedic working for various ambulance squads, both for pay and volunteer. 1990-1994: Medical Resident, Yale University School of Medicine, Norwalk Hospital, and Norwalk, Connecticut. 1993-1994: Assistant Clinical Professor of Medicine, Yale University School of Medicine, Norwalk Hospital, Norwalk, Connecticut. 1994: Emergency Department Staff Physician, Yale University Hospital, New Haven, Connecticut. 1994-2000: Attending Physician, Palo Alto Medical Clinic, with privileges at Stanford Hospital, Palo Alto, California, and Washington Hospital, Fremont, California. 1995-1995: Medical Director, XXXXX Nursing Home, Fremont, California. 2000-Present: Attending Physician, Sierra Internal Medicine, XXXXX California, with privileges at XXXXX Regional Medical Center and XXXXX General Hospital. 2001-2006: Assisting in various types of surgeries with different surgeons at XXXXX General Hospital and XXXXX Regional Medical Center. 2003-2006: Medical Expert Witness, The Law Offices of XXXXX, San Francisco, California. 2004-Present: Medical examiner for the Federal Aviation Administration. 2004-Present: Legal Medical Consultant. 2008-Present: Medical Director, XXXXX Medical Center Wound and Hyperbaric Oxygen Center. 2006-Present: Doctor of Internal Medicine, Independent Practice, XXXXX with Staff Privileges at XXXXX Medical Center. Awards and Licenses: Board Certified in Internal Medicine by the American Board of Internal Medicine. Licensed to practice medicine in the State of California with no restrictions. Licensed by the Drug Enforcement Agency to prescribe controlled substances. Member of the American Medical Association. Member of the American College of Physicians. Certified in Wound Management and Hyperbaric Oxygen Therapy.

Too bad you won't be handling folks from waco VARO. I could be your second customer!

Not necessarily a letter to the president. I was so frustrated my second year (only the second! what a child I was! :) ) that I blasted off letters to everyone includijng the president. Now I did know he wouldn't read it, even see it or anything like that but I hadda do it. I got a nice little letter from the "Office of the President" back too. But it did not move my file to congressional. Of course, it had only recently come oughta there.

"PS Rental is over my head/and this ain't my thread..." I'm sorry. I don't want to be ugly or anything here but, right now I really need for the focus to stay on this, "my" thread please. My case is hitting critical mass and coming to a head, finally. I realize threads sometimes take their own life and follow different courses than those started on. But events directly influencing me as detailed in this thread are happening right now. The changes are not different enough to warrant posting a new topic with this stuff reprinted. As noted elsewhere, since I initially posted this a request for a "personal hearing" (not DRO hearing) has been made by me (on Jim Strickland's advice) and IRIS said another DRO (since the one that did my hearing got transferred) has made a decision since receipt of this miserable, lying, misleading C&P report. See my next comments lower down this reply... There have been a lot of references to an "IMO". I brought an IMO to the table for the DRO hearing back in March. I provided the doctor with my entire C-file, military medical records, private medical records, X-ray films, various suportive medical studies and OSHA and other occupational health cautionary reports I have culled and personal statements. In his IMO, he cited some from all these references giving dates and quotes from the cited events sufficient to demonstrate he had actually read them. His recitations were much more accurate than the C&P team's. He also cited studies he found on his own research. These studies clearly demonstrate that it absolutely IS "medically feasible" that my present health conditions can be, in the physician's words,"as likely as not" and "more likely than not" in some instances (mine is a multiple issue claim) to my service connected conditions. There's another thing this unseen DRO should have considered concerning this final c&p report. This whole mess started some months ago with a basic C&P exam. That examiner requested additional exams and statements from concerned VAMC personel but in the meantime issued an initial report. It too was a lying sack of canid feces. I sent in a "rebuttal" that contradicted nearly every negative statement with evidence directly from my VAMC or VA C-file records- 30 pages of records. That rebuttal should have left not "reasonable doubt" no doubt but fully no doubt that that report was inept, inefficient, that records they said reviewed clearly weren't reviewed very carefully and that many statements were literally just plain false. (by example, "no Hallus Valgus is noted on radiology report." BUT radiology report does say, "mild Hallus Valgus." One more example, statement was made that I had no "special shoes or shoe inserts." BUT, I submitted the pages from my records where special shoe inserts were ordered and photos of the worn inserts I was wearing the day of the exam. No wonder the NP said she didn't need to see them when I offered to pull them out of my boots for her. This is how practically the whole report was. So. IF, this unseen DRO bothered to read the evidence in my admittedly voluminous file, they should grant my claim. But, why do I think that isn't going to happen. :)

I can sympathize with rental guy and appreciate his humor but I will not be going postal (gotta hold back the wife though! B) ) My IMO (which is in my claim already) the doctor had copies of my military records, VA health records, and any other claim related records along with my entire claim folder. He cited numerous items from my records to show he had reviewed them thoroughly (a lot moreso than these C&P yoyo's!) He cited a number of studies supporting the feasibility of the secondary conditions I've claimed to my service connected conditions. His 10+ years medical experience includes trauma center and giving exams for FAA licensing as well as other pertinent medical work. He has also provided expert testimony for civil trials. This was all entered before the records of this exam were released. UPDATE: All moot for the moment. IRIS response says another DRO rendered a decision on 9/22. No info as to what decision is but I have no doubt's it was straight denial. Just have to wait on the paper work now. I'll try the 800#. Personal hearing has been requested. Stay tuned for the next episode, Same forum, same whatever.

Great site and thanks, and I will review it in detail later. But I fear that's the land we (my wife and I) have already traveled too. Concerning "on-line" research, sites like the one you suggest would be (have been) dismissed completely out of hand as "internet print outs" When that happened, I went for medical studies. I have a friend at University with a professor with a medical background that pulled a number of studies you and I can't even gain access to w/out paying a lot of money in registration fees. I also pulled studies from OSHA and other work hazard sites. Mayo Clinic has a great site for things like that. These, VARO dismissed out of hand as having nothing to do with MY claim. So VAMC says it is not medically feasible that my conditions are secondary to my S/C conditions. Then when the Doctor that cited a number of such studies in his IMO (some of which I provided him) they still said they were meaningless because they did not pertain to me. I used VA pharmaceutical print outs of the medicines I take but the C&P simply says "no side effects) Now where do I go. (attorneys)

Well, for those who have been following my C&P woes, I finally have got the, well, final C&P report. Not surprisingly it follows the same trail of falsification, misdirection, misstatement, omission and plain incompetence! And... as a clincher, they say that my claim for secondary conditions is not even possible! First the ridiculous if superfluous. They say I am a ' GED' but in fact I'm a high skool grad They say I had a tonsillectomy in 1985 but 1960 would be closer to the mark. There's other silly stuff like that. I'm not gonna try and regale y'all with the whole bloody thing, just some of the high-lights... The concede I have health problems in some degree that they have not done before. My doctor actually called and asked if I wanted back surgery. But at nexus they balked. In a nutshell, they say that my problems are all the result of my employment. Not entirely unfeasible. I was a factory worker, machinist, and those trades are physically demanding. I just hold that my health followed a path already laid. They say it's not possible. More on that in a moment. One of my problems is pes planus. They reported I have no evidence of abnormal shoe wear. See image of boots below. Those are what I wore to the exam. (This photo and pics of 2 other pair boots so worn are on file with VA btw) Jayg - Sorry, but it was brought to my attention that this photo has your name and SSA number on it, so I have deleted your photo of the boots. See if you can cover or edit out that portion and re-post it, if you would like. It is good evidence that your shoes certainly show a difference in the wear patterns of the soles. carlie They reported I have no special shoe inserts or shoes. False. I have special inserts (and wore them that day) authorized by VA and part of my records! Thanks Carlie! I grabbed the wrong pic! Here's the right one... Also at issue are ankle conditions. "He does not use an ankle brace." I do and sure did that exam day! A lot of simple misdirection. I was given a scooter because I can't stand or walk for long but here they say I was given it "due to back pain." Knees: Some of this is plain ridiculous. Under "summary of joint conditions" for my knees (as one example) Giving way is yes but instability is no- weakness is no but my records indicate concern over the weakness of my knees and inability to raise me- flare ups of joint disease is 'no' but I have severe debilitating arthritis and the condition does not interfere with the motion of the joint?!?!?! Treatment is listed as medications, NSAIDS and there are no side effects- they forgot to mention the baclofen, tramodol, mirapex, methadone and what the heck do they mean there are no side effects when I have complained (on record) about dizzyness, balance problems, short term memory loss, dozing off... Repeatedly... "are there effects of the problem on the usual daily activities?---"no" No. No? No?!? All that is much of a muchness but, now, it gets really ugly. I tried to brow beat my doctor into making some sort of nexus comment sometime back and all he would go was to write: "flat foot which contribute to lower back and knee pain." Not worth much as it goes, actually, essentially useless but they must have felt it had some potential because their report says "a physician assistant student noted that his flat feet may have contributed to his low back and knee pain." annddd... "additionally, he did not claim any foot pain related to pes planus until seen by a physician's assistant student who related the left ankle and pes planus to his other orthopedic complaints. That statement was erroneously perpetuated in the computer system." Whooeee! Is that a load of Crap! I remember whenm that was entered. My doctor mis prescribed a dose of medicine to double it's correct strength. It was when mentioning that to him I asked for the comment. I have a copy of it on file for the first time on record in: PROGRESS NOTE STANDARD TITLE: PRIMARY CARE TEAM NOTE DATE OF NOTE: MAR 11, 2008@08:27 ENTRY DATE: MAR 11, 2008@08:27:44 AUTHOR: LAST NAME, FIRST NAME EXP COSIGNER: URGENCY: STATUS: COMPLETED Then follows the day's notes concerning my visit. Then it is "signed" "/es/ First name Last name MD Physician, Primary Care Service signed: 3/11/2008 08:52" No physician's student assistant anywhere on record this day. At least, that's how it printed out on April 10, 2008. I think I'll request records for that visit again. Anyway, enough is too much. Here you have the idea of the whole sorry mess. I have a feeling some feces is going to impact upon the rotary oscillator but I don't know if I can avoid becoming buried in the fallout! In closing, their summary says in every case that it is " not medically feasable" that my claimed conditions are secondary to my SC condition. (only the ankle. They omitt and reference to the flat feet or combined effect.) However, I do have an IMO on file at VARO that states it is "more likely than not" that it is a result of SC conditions. There are also many studies that say otherwise too. For what it's worth, I am not the only one having problems out of this office. A friend with a long, similar history was remanded to BVA. His VARO is to neither hear or receive anything involved with his case, he is to send all his records to DC. He allowed BVA is already moving quicker and have granted his condition @ 0% but they're sending him out of area for another C&P. Is that standard procedure? One* last* thing... The summary says "a standard medical opinion was requested. Providers restatement of requested medical opinion. This is not the medical opinion itself." <_< Then lower down it says: (NONSTANDARD EXAMINERS MEDICAL OPINION) say whut???

I have a similar problem only with peripheral neuropathy. The doctor positively identifies the degree of damage but as to causality? "idiopathic," ie, "unknown." If it's 'unknown' it must n ot be service connected... right? B)

uhhh- silly question... What, pray tell, is a "DD215"?

I apparently read that into your statement. My most heartfelt apologies. As for severe pain, I ain't up to 12 years yet, but chronic pain is the root of my disability too.

Good luck in your new endeavors! It'll be the lucky vets that draw you, I'm sure. B) A note about hilighters... As noted previously, many will come out black on a copy. I have found the high, bright florescent yellow won't do that however.

You said it well, very well. Since 2004 I, and worse, my wife, have been reduced to beggars. You're absolutely right. They can never repay what they've taken. It could almost- almost- be bearable if it was just work overload. But like you (and so many others) I have been given the run around. Waited endlessly while my file was passed from one reter to another because, probably, it was a larger, multi-issue, file. Like you, I have been lied to, records ignored, omitted and selectively misquoted. C&P exam reports were so falsified as to be farcial. If you or I falsified government records like they do, we'd be in prison. But not them. Ohhh no. They get bonuses for a job well done. Bonuses while my wife begs the power company for just another week and don't turn the power off please. B) Enough. No point my going on about it (again) too. There is one difference. I do not regret my service. I would do a lot of things in it differently, yes. But I would go again. At least your determination, your dedication, is very positive. Frankly, my wife and I have talked about the same thing. But we have to get ours first. We have to take care of our own, first. Hang in there Marine! (but I was a doggie :D )

In my case, I had Hospital records from my first enlistment at Ft. Knox (1974-77) but unfortunately, much of my treatment was at the clinics, including a head injury, and I never got those records nor can they seem to be found now. Then in my second hitch, I had to leave my records for a profile assignment. That was in 1980 and the records were lost. They remained that way until 2005 when, following many requests for records, they miraculously appeared in my mailbox one day. (which was good because they contained two items effecting my condition today). So I'm about ready to run another request through again and hoe something more turns up.

Thanks all! :D A formal hearing it is then! B) I thought being able to tell them what's going on was the main purpose of the hearing--- to 'hear' what you had to say?

Writ of Mandamus "A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it." Still looking. But just how does one go about filing this 'writ'?

Ok. I am. In the mean time, care to drop a clue to help narrow my search? Is this writ the same thing as Jim's suggested "personal hearing" or something else altogether? Now I'm off on my search! For all others, in relation to that suggested "personal hearing" suggested by Jim Strickland, I started a new topic fearing this 'un had pretty much run it's course. New topic just called "personal hearing?"

This is kind of a run on to an earlier topic I posted but I am looking for opinions on some advice I received after it was well started. Here's a much shortened version of that earlier topic... "After the usual long wait, back in March I finally get a DRO exam. Since then, my DRO got transferred to another area. Here's the kicker. The DRO who saw me, listened to my arguments and had some input from me? Yeah, well forget it. I found out that my file is back with the "appeals development team." More than a year's waiting, counting the wait for the DRO hearing, just flushed away. RIGHT... BACK... TO... SQUARE,... BLOODY... ONE!!! I have been writing Jim Strickland on this and today he advised me: "You have the right to request a personal hearing. Were I you I would exercise that right. Write a letter, using certified mail, and make it clean and simple, "I request a personal hearing to review issues related to my claim." Don't muck it all up with reasons and statements. There will be time for that at a personal hearing. Don't request a DRO hearing. Keep this as generic and clean as possible. If you aren't given a reasonably prompt hearing you have created a magnificent point of appeal. When you have the hearing is the time to iron it all out and find out just what's cooking." I have great respect for Jim's knowledge but a second opinion never hurt and there's a great deal of knowledge from varied and many experiences. So tell me what you think, (besides "Do it!") Thanks all.