Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Jayg

Senior Chief Petty Officer
  • Posts

    448
  • Joined

  • Last visited

Everything posted by Jayg

  1. 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.
  2. Congrats Berta! But it wasn't "griping" that gets you there. It's all the research and hard work you put into it. You've had to work for what was yours by right. But at least you got it. I am truly happy for you. <_<
  3. I initially filed in 2004 but my military health records had been missing since 1980. They were finally found in 2005 and my VSO identified some connection in them with other health issues I have so we filed on those. Mainly flat feet, residuals of ankle injury and related secondary conditions of other ankle, bilat knees, right hip (though VA changed it to both hips) and lower back. Va also added a claim for shoulder injury but I never had such in service so simply let that fall by the way side. I also have Tinnitus and High Freq hearing loss due to artillery service but I had that connected and 10% earlier and is presently not under issue. I have had many denials and filed NOD's in connection. This was my first DRO hearing though (discounting one for the earlier hearing problems). Presently, I am, as noted, hanging in the wings just waiting for a decision, any decision so I can move on. I have been advised to wait on the decision then get an attorney from there. New info. I just got this advice: "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."
  4. After the usual long wait, back in March I finally get a DRO exam. Brought a supportive IMO to the exam. The DRO was satisfied with the IMO, but wanted a C&P to establish some numbers or some such. Well, a C&P on Foot related secondary conditions wandered rough shod all over my whole claim, falsely shredding every condition claimed misquoting or omitting comments from records all the way. Then this examiner ordered a couple more exams (MRI and a repeat of a Neurologists exam which cited problems but only gave "idiopathic" as cause. In the meantime... my DRO got transfered to another area but was supposedly still to work his cases. Now. Finally. The report ordered from March this year has just been submitted to VARO as of a few days ago. I haven't gotten my hands on the final report yet but have no doubt it will be utterly damning. I'll be surprised if I don't have to fight to hold on to what I have! forget an increase! B) Here's the kicker. The DRO who saw me, listened to my arguments and had some input from me? Yeah, well forget it. As of yesterday I find 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!!! Jim Strickland told me I probably wouldn't get a decision this year. Not surpising but looks like he was right again. And without a decision of some kind, I can do nothing, nothing but wait, and wait, and wait... I am so mad I could.... (pick one- short of suicide or committing mayhem, ain't going there. <_< )
  5. Heh. I know that's right. I went to emergency one late evening when I fell & wrenched my knee pretty badly. I was seen by a very nice but utterly clueless foreign "doctor" who twice commented that I should have come during the day when "the people who know about these things are here"?! :) Basically, I told this "doctor" what the symptoms indicated and what the treatment should be and that's what he wrote down and did. <_< (paraphrasing classic 'Star Trek') "Dang it Jim, I'm a machinist, not a doctor! " B) But at least even I know how to treat a wrenched knee. B)
  6. They will pull your file and send it to the "congressional department" where it will languish for however long it takes for them to send a form letter to the congressman (which he/she/other will forward to you). Then it will lay there until they send it back to wherever they pulled it from only you won't have the same place in line. Here's the catch. Anything, anything you do to try and speed things up, will only slow it down. That's how I spent my second year of this so I know. B) Now I do have to say that I was the focus of a local newspaper article detailing the woes of the VA system and the article got picked up by the AP and a response came very quickly after that. A 10% increase and denial on other issues. That was 4 years ago and I'm still getting stonewalled (had a DRO review in March and no decision yet). Any bets that my file has some nasty little flag attached due to that article??? <_<
  7. I would never (again) just 'write' my 'congress critter.' In my experience, all that has done is delay things. First of all, your congrep likely will never see the letter. It will go first of all to their office person that handles veterans issues. That worthy will send an inquiry to your local VARO. They will then pull your file from where ever it may thence be languishing and send it to the 'congressional office.' The folks at the congressional office will rather promptly reply to that query with a form letter stating a few minor details of your case, (awaiting DRO hearing, whatever) and that they are doing every thing they can and that all is right with the world. Your congrep's vet person will then send a copy of that letter to you with a short note to the effect of "If I can be of any further service please let me know." over a rubber stamp of congrep's signature. In the mean time, who knows how long your file will collect dust in the VARO regional office before finally making it's way back to (the end of the line like as not) where it was before all this started. Been there. Done that.
  8. Too often I have heard of VA taking a C&P NP or PA's word over an MD's or a specialist's in an IMO. It's ridiculous. But really it's moot when they are blatantly falsifying the C&P exam results anyway. A janitor could make the report and what difference would it make? My last exam was a complete farce. Range of motion testing? Push it through and don't stop because I yelled. More than once. Their report went on to: Say there's no halus valgus on the radiology report... when there is. Say there's no callosity on the feet... when there is. Say there's no tenderness of the feet yet I have been diagnosed with plantar fasciitis. Well, that could be argued not to be "tenderness," that's pain! Oh wait. There's none of that either. Say he began falling because of work in 2008 when I have been falling much longer (fall risk noted in records) and I haven't worked since 2008.(EDIT- since 2004) The list goes on, and on, and onnn. I rebutted that C&P with some 30 pages of contradicting records from my medical files that they alleged to have examined. I don't know if a DRO or anybody else will read my rebuttal, but they sure as heck will read that C&P exam report! :o A janitor, heck! A monkey could have given that report. I need to go soak my head in a bucket I'm so mad again right now....
  9. heck. I just had my doc call me and ask if I wanted back surgery after seeing an MRI. I have service connected feet and an ankle and I have been arguing that line for four and more years with no luck. Heck, they've even reworded my claim to deny me. :o I wish you better luck!
  10. I am a moderator on a site with the same prohibitions. Though not Veteran related, politics does affect us too. That being the case, it can sometimes be difficult to discern what is "politics" and what is "site related." That leaves "zero tolerance" the only truly practicable solution. :... but I have doubts that this will be applied equally and justly." Decisions have to be made and action taken by fallible humans. There will be differing opinions as to what may be "political" or not. In this situation, only one (set) of opinions count- the owner's and her appointees. No. It will not always be 'just or equal.' But what is to be hurt more than our feelings if I/you are the poster? None of the information so posted will be secret or so desperately needed that any will suffer immediately for lack of it. In all probability, all will come by the info through other shared sources, VAWatchdog, Veteran service org. magazines, the "news"... I would suppose if somebody deemed some piece of information that important it just had to be posted, they could submit it to the owner or a moderator for consideration before posting? Believe me. I have intensely strong feelings over the political scenario playing out today. But desperately needing the aid and camaraderie of this site makes keeping those opinions to myself generally manageable. Finally, we members, as guests in this house, must accept and abide by the house rules (and we all agreed to do so when we registered) or expect to be asked to depart. The value of this site is far too great to muddle it in angry discussion over the machinations of politicians. None of 'em have our interests at heart anyway. We have to stick together. Nuff said. Soldier on y'all. Jim
  11. You never know. They added a shoulder to my claim. X-rays showed evidence of an old shoulder injury and I guess that generated the addition to my claim. It was denied for leck of evidence of complaint in service. Of course, that's because I didn't injure it in service. B)
  12. I'm just a newcomer here but am very grateful for this place. Without it, the people here, I would have blown my fuse before this. We are a bunch of largely stressed, frequently medicated, individuals dealing with often intensely personal, emotionally charged issues with a desperately needed yet adversarial institution organized so as to thwart us at every turn (except on very rare occasion or so it seems). We will vent, can't not. The ability of the moderators to ride herd on such a disparate group, to know when somebody is just blowing steam, whether to, when, and how much to rein 'em, or when somebody is just being obnoxious and needs to be dealt with is remarkable. Such choices and decisions are a tough call. None of it is designed to make you popular or win you many friends and can alienate you from some you have. I too am a moderator on another site with fairly strict rules of conduct, 'G' rating at all times, and it can be rough. But the result is a better place suited to the wants and needs of the bulk of those who stay and participate. It also makes for a much more effecient means of sharing and disseminating information when there is no fear of being flamed for sharing a bit of knowledge or an opinion. I guess what I'm trying to say is, that this is just such a place, and thank you, all of you T-bird, moderators, and members for it. :D
  13. I was in the arty for 4 years and have my 10% tinitus and 0% s/c bi-lat hearing loss. Over 10 years ago, they said I hear about the same level as a hearing aid would provide so they wouldn't do me any good. Since then, my hearing has gotten worse and hearing aids have gotten better and now they're telling me that I hear about the same level as a hearing aid would provide so they wouldn't do me any good. Only now they take it a step further and tell me they might actually harm my hearing. :D They did allow there were some new, high tech and very expensive models that might help but they were not available to VA. As I recall, they told me that a decade and more ago to. So the faces change but the bs goes on.
  14. You're up against a stubborn and dirty fighter, VA. I promise you they don't bother to read plain black and white. On a denial they stated how they read and reviewed all the records. Then they proceeded to deny my claim by rewording it. I had claimed knees and back as secondary to ankle and feet. THEY said I claimed a knee injured in service. Since there was no record of injury in service (because my knee hadn't been injured in service) everything was denied. Doesn't matter that at best, they royally screwed up or at worst blatantly falsified government records, (something they are really good at :D ) I still had to file an NOD and go back into the system for another round of delay, and delay... Be prepared to write and write, wait and wait only to get stuck again and again.
  15. It has to be tough riding herd on a bunch of hard headed, frustrated, totally diverse bunch of vets many of whom are no longer wrapped as tight as once was or are wound too tight... and the list goes on... To hold all this together so there's a place for the likes of us, not only to get help through a dishonest and adversarial system, but to connect with others and to no we're not in the struggle against this giant alone... It's all a testament not only too Tbird, but the folks she selects to ride herd on us. THANKS! (yes, I was shouting, thank you very much. :D )
  16. Our pharmacist recommended the site "webMD" http://www.webmd.com/drugs/index-drugs.aspx as a source he relied upon for accurate general descriptions about meds he was unfamiliar with and I have found it good. Unfortunately, those handouts include so much over responsive reporting (every time somebody sniffed or broke wind on a med its reported as a potential side effect or 'risk') that make it nearly impossible to understand what's going on with a med. I have found this site's description far more understandable. There are plenty others of course, I just recommend this one as one I know.
  17. Yes I am fortunate to be in the country. It was the result of a dedicated search for 'our place' to drive down roots and drive them deep. We're on 28 acres, with some cows (not our own yet, we've leased.) Nearest neighbor is a quarter mile away. I can shoot archery, pistol, and light rifle in my back yard. We will soon have horses. It'll be tough having to stay on the ground but I can still teach the boys to ride. So life is good here. But it comes with it's own head (and back!) aches. Lots of fence to keep up, wire stretched and breaks mended, lines to be sprayed, the constant battle against goat weed, stock tank floats sticking and overflowing... Thank God for the boys. So getting away is still good!
  18. Man! Thanks for that. It was a little like taking the trip with you. :P My wife and I have hoped to make a trip like that with the boys (still preteen) if/when we get a big increase on the ole disability. i am fortunate to live in the country and can see the geese fly over, and actually see the stars at night... Some folks moved nearby must be from the city. Their place is always lit up like a sports stadium. They don't even know what they're missing. ... But it still isn't like seeing this big land. Anyway, again, thanks. Hang in there too.
  19. I worry about my liver too though for me it's 1,000mg of Naproxyn Sodium a day along with Tramadol, methadone and baclofen.
  20. I have severe debilitating arthritis and that means PAIN. I am unemployed due to pain among other issues. I restrict my driving to short haul runs such as checking the cows in a nearby pasture. I am fortunate in having a wife capable and willing to be the chauffeur. I realize many here have no such option. Like others, I have been reduced to laying/sitting with fists and teeth clenched in pain minus meds. Heck, I can get nearly that bad ON meds. I resisted getting onto the narcotics as long as I could but ran out of options. Do the non-narcotic meds do you any good? You might look for compromise in your meds. You know, what you take or when and how often you have to take it.
  21. 1. Yes but most definitely as you said, "Depending on when you were in service." I'm a V/N era vet and I had a GI Bill once. It was a heck of a deal too. We knew it would always be there to use... until they took it away from us. B) (If I sound bitter, that's because I am. :P ) That was, ummm, what? About 1985? I don't know about those other benefits. One thing to consider is that many states have programs available that may be better than the National, available when National is not, or concurrent with National.
  22. Considering the C&Ps I've been through, I cannot begin to express the gratitude and joy I have for you both. May the decision making and payout come quickly and as smoothly. Again, congrats.
  23. I have a new(?) development. My VA PC Doc just called me. He was looking at the results of the MRI (of my lower back) just done for C&P and also the earlier neuropathy study (the one the Dr. wouldn't repeat) and allowed the MRI showed significant damage. He also commented that the nerve study and knees showed fairly pronounced problems. I can barely hear over the phone and so I can't say what exactly what words he used but I don't think they'll be able to call my condition "mild" any more! Any way, he asked if I wanted to schedule surgery for my back! I begged off saying I wanted to discuss it in more detail, the risk/benefit equation, that sort of thing. I did not say "it ain't that bad." I'm not thrilled at the idea of any surgery but I'll be dipped if I want them to cut on any part of me that isn't service connected if I can avoid it!!! Concerning that (sc) I recall there was a comment in a C&P report that they were to contact my PC Physician for comment on nexus. I asked Dr. --- about that and that scared him off. He at first said he didn't see anything about that and then did say he recalled a note about it and then he had to go to the bathroom and had to get off the phone in a hurry. ):~/ It's in the C&P report from March this year, "Primary Care Red Team providers have written in their assessments that "flat foot contribute to lower back and knee pain" but there is not an explanation for this statement that goes along with these assessments by them. Orthopedics has seen the veteran for his knee pain, but they have not made an association nor comment on his flat foot condition contributing to his knee condition.* They have asked Primary care to address the veteran's pedal edema, anemia, and generalized weakness on 6-2-08." Hmmm. That was a month ago. I wonder what became of that. Anyway, it looks like it hinges on what Dr. Keller decides to say at this point. I have no idea what he may say about 'nexus.' As far as I can tell, he would, personally, agree that my conditions are "at least as likely as not." But will he commit to it on paper??? That I don't know. * Some little while back, I brow beat my Dr. into making some, any, comment into my records and that was the best I could get out of him. Now its a question of how he chooses to explain it off. He may also have been concerned about his call being recorded too. I have a regularly scheduled appointment with the doctor on the 22 of Sept. Maybe I can pin him down on exactly what my condition is, and what we can, and/or should, do about it. Am I right on holding out for service connection before letting them do anything to those parts? GADS! That reminds me. I have been meaning to give someone a call here lately about another issue. Maybe this is a good time to do it and dump both on him. I provided this note in case he reads this and wonders...
  24. When I saw the topic heading I thought I could help you. But I'm not so sure now. I was told that "morning reports" were discontinued in 1974 to be replaced with "Personal (Personnel?) Data Cards." As I understand it these records contain the returns of of the old morning reports, when you were present for duty or not and why, that sort of thing. This was of import to me since I entered service in 1974. Now? I don't know what they do since I got out in 1981. If your records have gone to NARA request "Other" records and specify what you're looking for. While the forms speed things up, you can simply write the Archives a letter and they will provide you with the information as to where to look or even the records themselves if you've provided all the info they need clearly and concisely. I had it happen once. But here's some other thoughts that might help. When were you in Iraq? I don't know how long you have to be out before your records land in the archives. If the unit is still deployed, or active, you might be able to get that info simply by writing unit HQ. If your Unit's CO, XO, Service equivalent of first sgt or other immediate NCO responsible for your whereabouts is still on duty or can be contacted and provided you a sworn supporting statement with dates, that would be a plus too. "Buddy letters" carry but little weight however, I suspect. I am sorry I couldn't directly answer your question. At least I hope that I may have been of some little help. Maybe these will help too... http://www.vhfcn.org/FCC%20Resources.htm http://www.archives.gov/northeast/boston/f...vy-records.html
  25. My mom had diabetes, cataracts so bad she was for all practical purposes blind but her health was so bad they didn't want to risk surgery on them, couldn't walk or drive and was an amputee of the left arm. After two years of no success, she hired an attorney and got her disability. I ain't in that bad of shape. At least, I can get a recommendation from my bankruptcy attorney for a lawyer and stay away from the chains. I have been debating whether or not to tackle starting the SS paper work directly myself or just start from scratch with a lawyer. It's fang tooth and claw with VA. I really don't need another full fledged battle on another front. <_< But I may just go ahead and follow it to the first denial on my own just to see what happens.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use