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ZenArcher
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Posts posted by ZenArcher
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I hate to have to say this both for reasons of pride and for vets with ALS but Larry is correct this ruling is not yet in effect. I must say though that in almost all cases I've been involved in thus far the VA has been very responsive to vets with ALS.
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Veterans diagnosed with ALS now receive an automatic 100% rating.
http://www.gpo.gov/fdsys/pkg/FR-2010-06-23/pdf/2010-15169.pdf
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Thanks for posting this.
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From the text at Thomas:
`(b) Eligible Veterans- For purposes of this section, an eligible veteran is a veteran (or member of the Armed Forces undergoing medical discharge from the Armed Forces)--
`(1) who has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001;
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The first thing any veteran with ALS should do is contact their local Paralyzed Veterans of America (PVA) office. PVA has worked closely with the ALS Association to ensure the veterans with ALS are processed quickly and correctly.
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Changing the law is not necessarily a simple process. It is better to get it done right the first time. I've written my senators one of which is a cosponsor. While thanking him for his support of veterans I asked why I didn't deserve the same consideration.
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I feel that limiting this benefit to only post 9/11 veterans is unfair. I separated in Sept 2000 and now require around the clock care due to service connected ALS. Explain to me why because I separated 364 days early that my wife doesn't deserve the same time off as those who separated after 9/11. To limit this benefit to post 9/11 vets only is simply discriminatory. There are tens of thousands of veterans suffering from ALS, TBI and various other conditions that require this type of care. They developed or incurred their conditions while serving. What does the date of service matter? If the bill opens up to support all vets it will have my full support.
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http://www.arthritis.org/chapters/greater-...albuquerque.php
EL PASO, TEXAS OFFICE
P.O. Box 30846
Albuquerque, NM 87190
(505) 867-7430 Phone
(505) 867-4418 Fax
Summer hours:
9:00am-5:00pm • Monday-Friday
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I find it astounding that people judge a man based on nothing more than what has been reported on the news. A POW has been marked as a deserter with little more than hearsay. People are basically calling for his death on national TV and here of all places he isn't even defended. The last I checked, "innocent till proven guilty" still meant something. Right now there is an American citizen, a soldier, in the hands of an enemy that has publicly beheaded its captives in the past and yet you want to wait for all the facts. All I can say is I find that utterly disgusting.
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§ 3.318 Presumptive service connection for amyotrophic lateral sclerosis
(a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.
(b) Service connection will not be established under this section:
(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;
(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or
(3) If the veteran did not have active, continuous service of 90 days or more.
(Authority: 38 U.S.C. 501(a)(1))
[73 FR 54693, Sept. 23, 2008]
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I don't know the ins and outs of DIC but she can definitely file if the cause of death is listed as ALS. If the claim is submitted prior to September payment should be retroactive to September 08.
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I filed for an increase after every clinic visit. I was initially connected at 70% in 9/08 and immediately filed for an increase because the information they used was over 3 months old. On that run I was granted 100% with SMC L retroactive to 12/23. In May I went to Advocacy Days in DC and had the pleasure of meeting Bo Rollins the director of field services for PVA. He called my local service officer and effective May 18 I was granted SMC R1.
My advise is that following each clinic visit that shows progression you submit for an increase. Ask the clinic if you can have copies of your visit report and make sure the doc, OT/PT and the rest note any new issues specifically. My clinic has been very accommodating in this respect. Ensure that everything goes through the PVA. The majority of issues we see on the ALS Veterans Issue Team are from individuals who opt to do it themselves. PVA and ALSA have worked very closely together and in most cases things have gone smoothly.
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I just bought a wheelchair accessible van with the grant last month. The dealer I worked with has dealt with the VA grant several times in the past. According to them it usually takes 2 - 3 months for the grant to be paid. I'm willing to bet that this varies dependent on the regional office though.
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Below are comments sent to US Airways following a return flight from ALS Advocacy Days in Washington, DC. I know the family below personally. This story infuriates me on several levels. Ken, described below, has ALS. He is unable to move or speak intelligibly. He is a veteran whom I had the pleasure along with two others of presenting a wreath at the Tomb of the Unknowns just two days earlier (http://www.prweb.com/releases/2009/05/prweb2408984.htm). Please help ensure that noone else receives treatment like that described below.
Upon boarding the pilot INSISTED that the battery be disconnected from Ken's power wheelchair for transport even though it is a gel battery and is not required. In fact even the mechanic told the pilot it was safer to leave the battery connected because it was very well insulated. He said no and they escorted me to the chair so I could instruct them in the operation of the chair and disconnecting the battery. Upon arrival in Orlando, I exited the plane first to help get the chair ready for my husband. While I was doing that, I could see in the window of the plane there were people gathered around our seats and told Phil (last name unknown) they COULD NOT move him without me there.He assured me they would not do such a thing. Ken has ALS (Lou Gehrig's Disease) and has little to no use of his voluntary muscles, therefore he cannot speak clearly to make his needs known. I left our 16 year old daughter with him as she is the only other person with the ability to understand him. There is absolutely nothing wrong with my husband's brain and is very likely more intelligent than those that were gathered around him. Phil sent someone up to tell them NOT to move him. The pilot then instructed them to "get this man off of HIS plane". My husband has a feeding tube as well as a diaphragm pacer and due to the decreased muscle in his diaphragm has issues breathing...none of the airline personnel knew this because they could not understand Ken, even though he and Tabitha tried to tell them not to move him.
We were having trouble getting his wheelchair operational when someone on the radio said he was being moved up to the gate. I RAN to where they were wheeling him and hear him crying hysterically and see Tabitha crying because no one would stop so she could understand what he was saying. He had to sit in the aisle wheelchair, in pain for better than 30 minutes while we were getting his chair operational. I could not help work on the chair and tend to my panicking husband who was sliding out of the chair because once again he has little or no use of his muscles.
Ken is a brilliant man, who has not only served his country but also his community as a firefighter and was treated like a incompetent obstacle in your pilots quest to clear his plane so he could go home. We have never received such treatment not to mention the physical danger they placed my husband in.
We travel frequently as we know our time together is limited due to Ken's diagnosis and feel it is important to make those lasting memories with our children...this is a memory I wish we could erase. I look forward to hearing how this situation is taken care of. The thought of other physically challenged people receiving this treatment from your pilot's is sickening.
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mom24, I would recommend that you attend a MDA sponsored ALS clinic if you are able. They have been a great help in numerous ways. Each visit you will speak with any and all specialties needed as well as a social worker with experience in ALS and the VA. I can't say enough about the help they've been to my family and I.
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Others here are much more adept at getting things done with the VA than I. I can tell you that I was initially rated at 70%. I had two choices at that point. I could appeal and wait or apply for an increase. I chose to file for an increase. I can't speak for you but I go to the ALS clinic every 3 months. That means I have new evidence every 3 months if required. I got copies of my records from the clinic looked at 38 CFR Part 4 and did some research. When all was said and done I submitted a package documenting every symptom, I tied that symptom to a neurological cause noted in the neurological section of the CFR and I pointed to its mention in my medical records. This got me another C&P with an internal medicine doctor and long story short I'm now 100% SMC L, approved SAH and auto.
My opinion is that ALS doesn't give us the time to wait on an appeal. I don't know how far you've progressed or what your current condition is but in my experience I wouldn't bother with TDIU and simply go for 100% P&T. Unfortunately ALS makes that easily attainable in fairly short order.
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Until 9/23/2009 all ALS claims will be retroactive until 9/23/2008. I'm not sure exactly what you're trying to do. I am an ALS patient and the Vice Chair of the ALS Associations Veterans Issue Team. I'll help how I can.
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An EMG is a test where a small needle is inserted into the muscle and measures the strength of the nerve signals. There is no shock involved at all in the EMG it is measurement only. The only pain involved is with the needle insertion and movement. It is uncomfortable but not bad. I've had three of these since 2007.
The NCS or NCV is a test where a small pulse is applied at one point and measured at another. It measures the speed that signals travel along a certain nerve path. The pulses are small and very brief. Again this is uncomfortable but not painful. I had these in conjunction with each EMG.
Both tests are quite common in diagnosing nerve related issues from carpal tunnel to ALS.
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Thanks for posting. I just wrote my representative and ask that he cosponsor the bill.
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In my mind the spouses have carried a large portion of the burden not only while we were active duty but later with our continued care. As my disease progresses I will become completely dependent on my wife for everything. I served 9 years she's going to serve the rest of my life because of it. I personally have no issue waiting behind a spouse.
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I know the evidence I had submitted along with my medical records as well as the statements from the VA neurologist during the C&P exam. Statements such as, "Why did they even make you come here?", "They should have just connected you outright." I don't have a copy of his report but I've requested it.
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I don't intend to do anything until I've seen the decision and read over it myself as well as have that first payment deposited. My question is though, how would I go about proving that I would've been connected regardless? I say that I would and I am confident of that based on the C&P I had with the VA neurologist and his comments. Without the actual decision which I never got before the presumption I have no proof. I had the C&P in July and they held off even responding to me until last week.
What in your opinion would be the course of action to take? I don't know that I have the time to wait for an appeal and I'm going to be submitting requests for increases on a fairly regular basis. ALS is progressive and at some times rapidly progressive. My major concern is qualifying for SAH and auto grants as I have probably 6 months before I'm wheelchair bound. The back pay would be wonderful but is not my top priority. At this point I want to ensure my family is cared for and that I make my care as simple for them as possible. The service connection is a huge step in making that happen. The back pay would just be icing on the cake.
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The thing is I most likely would have been connected even without the presumption based on the exam from a VA neurologist. At this point I don't know if or how to even go about bringing that up or if it would even be worth the effort.
Pa - Pennsylvania Veterans Benefits
in Veterans Benefits State & Federal
Posted
Moved again http://www.dmva.state.pa.us/portal/server.pt/community/veterans_affairs/7179