halos2

Sorry didn't know you were asking for someone else. Write a letter to VA state to establish service connection and can even say it is for an informal claim as this will establish a date for the beginning of his claim. He needs to see someone whether private(prob faster) or VA. Write letter send it to local VARO and Get appointment to get treatment process going but to get a diagnosis(faster with private and can be used for evidence). Request Service medical treatment records and any and all records in his file under the Freedom of Information Act. If the person needs treatment asap private may work faster...he is not established in VA system so if he went to Urgent Care they may refer him to Behavioral Health and proceed...but will bill him and insurance company. IMO's are expensive, but he needs to be seen now then proceed. I filed my claim then I had exams, diagnosed and started treatment process. I did see a private psych in the 70's and used that info with my NOD process and evidence for my personal hearing and also IMO then. Send short letter/note to VA to establish date tomorrow and make appt with psych dr too...IMO can be done anytime and usually after visits with more issues noted then proceed. good luck, and he is lucky to have you for a friend. Anything done with the VA takes forever. Mental health issues need tx now!

I see you are 100% so I presume you go to your medical health team. Ask that provider to refer you to the behavioral health team. A psychiatrist or psychologist can diagnosis PTSD and any other mental health diagnoses, ie depresion, etc. You can also go to the behavioral health area and request to speak to someone in an emergency, and they will talk to you then. So does someone have to be diagnosed with PTSD to see a VA dr for PTSD the answer would most likely be yes. but if one has a diagnosed by a civilian dr(one outside of the VA) and if they brought that to the VA you could also see a psychiatrist or psychologist for the mental disorder. Either diagnosed there at VA or privately. The diagnosis needs to set the treatment plan or action plan to be followed. Remember there are many mental health issues other than PTSD which may enable one for treatment at the behavioral health clinic too. If you think you have PTSD go to the clinic talk with them they will proceed with the necessary specialists you need to see and speak with to correctly dignosis your problem and establish a treatment plan with goals etc.

The numbers continue to rise, and the public have no idea what the high numbers are with vet suicides. Maybe they don't care, but I think they do. There are so many vets who are unaware of the help that is out there. Many do not have any idea of the benefits they might be eligible for, and the sites and books and people that are out there who can help them. Every time I go to the VA hosp for my appointments, I share this with others. If any are interested I suggest they read John D. Roche's books, look up vwwatchdog.org and hadit.com on the computer, or get someone with computer savy to help them. Utalize the library, and va.gov web pages. Look for help with a VSO they have all in the VA hospitals. Stop, look, listen and you can always find a vet distressed over the system, some I just hand a piece of paper with the sites mentioned above. Some people can be approached, and some just receive the written message. All of those have thanked me as they are not aware or educated in this process. The big reason to promote VET EDUCATION is to attempt to prevent suicides...there is help out there. All of us have gotten down, but have prevaled in working together to offer HOPE when there doesn't appear much. Life is too precious and no matter what happens we gave so much for our country, we need to protect eachother vets and live to get what we deserve and not let the VA ever win when it comes to our lives. Just like in a game; GO FIGHT WIN !! Never settle. Never be beaten by the VA. We are the WINNERS!

GREAT!!!!!! Didn't you get a call from your VSO before you got the letter? Mine called me and told me what was going on and the decision and did I want to accept it( Mine was from a personal hearing with the DRO) and if I accepted it to watch out for check in 15 days it took over twice that to get the check, but was still glad. Even though I had a VSO "I did anything and everything with my claim" but they get to find out 1st as they were my POA. ;)

Read this report on watchdog yesterday and it made me physically ill. What a crock and at who's cost. Who looses again...the vet. Also saw this when t-bird posted it on the Federal Register Announcements forum yesterday. She posts all new info from watchdog too. This is good as all vets do not search these sites nor do they serch the different forums on this site. I found lots of vets view this forum, so one way or another it is good to get them informed. Thanks.

Dr is unaware of C.F.R.regulations...wants to know regs needed to dispute VA denial. Can give diag and facts regarding SMT records but is not knowledgable with which Regs to refute as basis...like they use one as there basis for denial and he does not know the one's to use against the one's they have used as to generate a positive outcome for vet. He wants to assist but needs help with back pain, disc problems, and radiation down legs too for the info Regs. Any ideas? He has read VA exam forms. Doesn't have C.F.R. book and is not about to purchase one either. He should or should not use cases familiar in his report documentation. Those were vets who won their case as, Thump vs VA case 123456 as examples or just keep it to this case and load it up with facts. He prefers to have Regs to use to collaborate his medical information. Assistance needed, and appreciated.

I had deposits greater than 10k in a day but were checks, certified funds, money orders, bank drafts and never heard from IRS or my state, but when I took out 40k in one day the bank had to turn it in to State of MO and IRS...WE paid tax upon this and then when we filed we paid more...yes we use CPA's to do our taxes. Do what you want I know we got taxed on it(the withdrawl, I know uncle got taxed and father-in-law got taxed because it was 10k or more too all was CASH). My banker was a V.Pres and had his masters and was a CPA. Personally I do not want to pay any more taxes then I already do. I will NEVER take out more than 9999.99 CASH in one day. I learned the expensive way. We have state tax in my state too, not like some that don't, like Tx. Good luck to all. I don't work anymore and my funds have decreased by 80% so I need every penny, and I will keep all I can. Check out IRS.gov and see you can give someone as a gift 12k, you pay tax on the gift but they don't...These are IRS govt laws. Fool me once shame on you, fool me twice shame on me! Better safe than sorry as the govt gets too much already from us poor folks.

Found this older forum but am curious if this is still progressing to all the VA areas to boycot Hadit.com. My VA has no internet available as daughter went with me for appt (as I needed a driver related to medication administration) and brought her laptop with her to work on college work, and they said no wireless connections here and only have connections for in house use only. She never could log on at all.

Hey how about setting up the phone systems for us to answer and give advise or at least be able to read the screens and make sense of the codes. OMG a vet I know was not getting anywhere with his VSO replys even worse with the 800# phone zombies, so he deceided to got IRIS....hello they are over 3 mths behind...asked where his claim/file/case was (status)... VA said just got it last week and it's in the the appeal room on the table waiting... VSO on vac call back... IRIS wrote still at VA hosp since May's C&P but they will return it Aug 12th Email to VSO and told it's in appeals, hoping DRO will review it this month as it has been with appeals since 20 May upon it's return from VA hosp C&P exam done 4th may. So hello va helper here and are you the vet?? are you the vet I want to know if you are the vet? No I am santa! This is what happened to me yesterday. But I did give my #'s and all but I did want to say Santa.

My logic is not wrong...We took 40k out of the bank one day and within a month we heard from the IRS and the State and had to pay taxes on this as the bank said anything over 10k withdrawal is reported to IRS and the State...My uncle did this 2 yrs ago and took out 16k one day and then 10k within the same mth and too the bank notified the State and IRS and taxes had to be paid. Less than a yr ago my father-in-law gave someone 10k and he received notification to pay taxes on this and also from the State too. The IRS does have a reg whereby an individual can give 12k to a person as a gift but when you take the 12k out of your acct you have to pay the taxes...the bank told us all 9999.99 is not reported to the IRS nor State, but as soon as it is 10k or more it is. We all got stung...Paid taxes out the wazzo to IRS and State too. First we paid 10% to IRS then got taxed again 10%. I know from experience, it happened to us, but I am saying be leary and check it out. Call the banking institution...Better be safe and not have to pay more on what you saved. This was not comp. money. But still too much cash out of bank puts up red flags when withdrawn. If you are married you can each gift 12k to the one person and that is still a taxable gift to that person but then you need to file Form 709 as this is called gift splitting. You two pay the tax and the person it was given to does not. Our banks were trying to save us from paying tax with the withdrawl of 9999.99, and knowing over 10k is reported...so if you gift someone 12k as one person it will be reported to IRS and State by bank so you will pay taxes on that, but not the giftee. Another interesting general rule is any gift is a taxable gift however, here are some exceptions: Tuition or medical expenses you pay to a medical institution or an educational institution for someone; Gifts to your spouse; Gifts to political organizations for it's use; Gifts to charities; Gifts, excluding gifts of future interests, that are not more than the annual exclusion for the calendar year. No taxes paid by anyone on these gifts. So gift up to the 12k individually to someone and they get it tax free but you pay taxes on it( but how my bank told us like 6k one week and 6k the next are not reported to the IRS so I guess 0 tax. As it looked like $ spent.

CARLIE, I COPIED THAT MANY CASES AND HIGHLIGHTED THE INFO PERT. TO THE DISABILITY. Sorry for the caps..my keys are sticking. Y key sticks alot?? The references I think, I need to look up more to use for my cites used. I live in a very rural area 2000 people, and I do the work, look up everything on computer old cases,and read so many books, and review the evidence with them , highlight all pert. aspects and they review it and add or delete anything they might want to then give it back to me, and I review it again and they sign. My last ones were 3 pgs each. So do I try to stay within those amount of pgs or is it ok to go to 4 or 5 to get the pert. information to justify and clarify my status? (Been a nurse 34 yrs had an operation and am totally disabled 6 yrs. Total bummer suffered over 38 3/4 yrs and now just exist...) Now will continue to suffer forever mentally, physically, and hopefully not financially for the rest of my existence.

Don't trust the IRS and the banking industry...Give each 9,999.99 in each day so the bank doesn't turn it into IRS to investigate. Once you give them 10,000.00 the bank notify's IRS then they start investigating. It turns into a big mess. So give under 10,000.00 one time each day 9,999.00 is ok then next day 9,999.99 for however many days you want but never 10,000.00 or more in one day. Be smart and safe. We got screwed as well as uncle did 2x and in-laws did too. Don't try to give 9,999.99 to more than 1 person a day too.

4.23 Attitude of rating officer... To bad this doesn't apply to the calling center operators at 1-800-827-1000... They do not know the codes and are basically clueless to tell you whats's up or where your file may be? There has been minimal training offered, just to aleviate the case workers from answering the phones. They should have code lists they could use to reference the location of claims but apparently they must not. They have no direct contact with vets, other than the phones, and just try to tell the vet anything to get them off the phone. Also if you call back another will tell you different information than the one prior. Doesn't apply to hosp staff either. Next too bad the receptionists at the VA cannot be held accountable for their rudeness! Especially those who work in Behavioral Health. Wow they are the worst, and I have seen one get a promotion just to get her away from direct vet handling. Then they replce her with another tyrant. VA doesn't care to listen, they stick up for staff and not the vets...I have witnessed this to so many vets. The abrasiveness and the mocking is terrible, and in B.H. of all.

Jim (Rockhound), Thank you and I have copied so many cases involving back injuries and highlighted so much it would make your head spin. I know the IMO's write more specifics then are in the case files, as the hightighted area are addressed here. Also he nor I am really familiar with a specific format... problem: evidence: contributing factors: assessments: all diagnostic studies: ? citing regulations???? Reference material: The best or most conducive way to address my claim and pin point the facts they overlooked in my SMR-now called STR(service treatment records). It is like both of us are going through a dense fog trying to find our way through. We have read case studies/claims but the evidence is very minimally addressed in these on the net, so that is where we get stuck. All of the documented injuries, testings, therapies etc have previoulsy been brought forth in the previous IMO's...I think they want more specifics regarding readdressing what has occurred from the eighty's and ninety's. However they use my disc summary as evidentiary but the date of injury is not valid on the typed entry nor is the summary they type correct either. Pages of STR indicated injury, treatments, PT, ortho eval, meds, rest, treatment, etc and they state no problem, no sequella from one time injury to lumbarspine was treated with meds. What do I do to get their blinders off, Get Dr to write "Hey people look at her STR and you will see problem was never solved, and has continued all there years." I think narrowing down the specifics again and using references this time and rebringing the info into light may help. No references were cited on last IMO's. How much is too much? How little is not enough? Tic-tock tick-tock

What was your IMO disability? The VA loose so many papers I am not surprised. Certifird/registered mail will prove you sent them something.

Phil Hare had some big shoes to fill when Lane Evans stepped down. He had worked with Lane so many years the transition went well. Every time we have a representive do something good for our fellow vets 2 more try to take something else away. Give and take mentality used, so lets hope we have more givers.

Carlie, Just read Allan's post on M21-1MR Part 1 Veterans Benefits Manual..."Claimants' Rights and Responsibilities...changed as follows: 1-B-1 through 1-B-3 and 1B-6 1C-3, 1-C-4, 1C-9, 1-C-11, 1-C-14, and 1-C-15... Page 1-C-14: 1.1.C.7.c To note that a medical opinion is not generally required to establish a link between a claimed disability and the veteran's service when the evidence shows that a disability is chronic or symptoms have continued after the veteran's discharge from service. Interesting?

Allan, This is really important to view...Have read recently where SMR are now referred to as STR, and esp. the following change; Page 1-C-14:1.1.C.7.C "To note that a medical opinion is not generally required to establish a link between a claimed disability and the Veteran's service when the evidence shows that a disability is chronic or symptoms have continued after the veteran's discharge from service." My file went to BVA 18th jul and this was updated 20 jun. This should have been settled at VARO with this information as it identify's what they are disputing...I am really p.o.

Seeking to view a report that address particularly lumbar sacral SC injury. Am seeing a physician to assist with IMO, but he is not at all familiar with the processes involved. He is not knowledgable of VA Regulations and has no clue what C.F.R.38 even means. Trying to explain the avenues to follow and forwarded IMO informational steps per Berta. Have searched many BVA cases and copied about 70 but they do not reveal the true IMO, and only referrence parts of it and may also address some regs noted in the IMO. File is at BVA and the clock is ticking. Any case studies with specifics addressed will be greatly appreciated. These will be used only as a guide by the physician. Lumbar strain, sprain, spasms noted would be greatly appreciated as these are the areas specifically addressed in SMR injuries. SMR identify 2 months treatments and medical records address continuation of chronic back pain from 1969 to current. Tick-tock, tick-tock

No deterance from his actions as he has been living all of these years... and also noted look at the recent killings of female active duty vets and the violence involved and the dismemberment and burning done to their remains. Not acceptable to the code of humanity. What about the families left behind...how long do they have to continue to suffer and suffer...infinity!

As I have stated before on this site, I put in 110 then my VARO extention # and get connected immediately. Example dial 1-800-827-1000 phone rings then message starts then dial 110 then message comes on to put in your VARO extention if known and dial the 5 diget number and you will get them immediately. If you don't know the 5 diget number an operator will come on and you can ask them or ask them for your local 5 digit number. I gave this info to my Dr's office as they sent in requested documentation 3 times and got a forth request and they called and got in right away and got it settled, so they didn't have to send info for a forth time. I have been dialing this way over a year and a half. It was a supervisor at my local VA who gave me this info...works every time too. Good luck.

Since 1947 when Lt. Rudolph J. Feres died in a barrack fire at Pine Camp N.Y. related to faulty heating sstem the Va put the "Feres Doctrine in place..Heres's widow sued the govt for negligence and lost in the supreme court 9-0. Under the Feres Doctrine, active duty are denied opportunity for significant recovery for injuries or death suffered...them if alive or family cannot sue for malpractice. Feres supporters say the doctrine is nesessary to protect the VA(military) from costly, time consuming trials that could compromise military disciplines. They will not be held liable for injuries or death and the case will be thrown out becase of the Feres doctrine. In 1987 it was challenged however the vote by the supreme court justices was 5 to 4 to remain. It is a travestee you cannot sue the va hosp/dr/staff, however if it is your dependent, spouse, child you can sue. The va will try to pay compensation or dic if they choose, however there have been many cases that they have denied because of this doctrine. That is why there are so many problems with VA care. 35 yr old Army Capt James Lemp died in Fort Leonard Wood Mo from faulty care...they tried to revive him using equipment for a pediatric patient and he weighed 175 lbs. So many cases the care was negligent and the vets have died but the family cannot do anything legally. The basic argument is the military cannot be held to the same standards of care and safety because the preperation for war itself is dangerous. This way the govt has its own procedures for determining the claims should be upheld. The govt say it would break the va if they allowed the suits. Why not seek out better staff to care for vets, them no one would be worring about so many suits. Another case involved Airman Witt and he died. So many vets have been misdiagnosed with cancer and never received proper treatment timely but no suits allowed because of Feres Doctrine. There are hundreds and hundreds of cases. Unless someone can change the minds of the supreme court judjes this will stand as is, and has been. Sad but true. I wish The Orell family luck with their fight as Teresa has been fighting for years.

Yoggie2, Am seeing IMO tomorrow, was to see him today but his office said he hurt his back today but appt changed to tomorrow. Funny how it took me 2 1/2 weeks to get appt but he can switch me to tomorrow, or rather his staff can. He is one of them I had seen prior, and am going to give him a form copy Berta listed to go by. So here we go again...

Thanks again Berta-----Just got the big envelope today from D.C. Typed 7-22-08, mailed 7-25-08, received 7-28-08....original date of VARO letter is 7-18-08. So I am down 10 days already. Only 80 left. I will mail it before then.

Berta, What would we all do without your help? Ok so I have a copy of the I-9 and all it has is lumbar strain written on it...so Do I make out a new one and add the information to it that you have advised? Attach this new one to the copied one? DO I put down the VA codes on the paper...what about the ICD 9 codes on the civilian papers, that are on other papers? You know I had the SC injury, was treated for 2 mths, no improvement at all reported on health/med clinic SMR"s and ortho SMR and PT SMR. Discharge paper has wrong date on it and states no further prob from this complaint but it is evident in SMR all times seen and therapy's done and no relief noted. How do I write this as it all looks like I was seen one time(but the date is not correct) and it is not factual as there is not even a clinic visit when they saw. Also form 89 does have back injury, pain, back brace, trouble sleeping, headaches marked on it yet disputed on the reverse of this form(+# 21,22 yet -#39 denied without really using SMR to justify.) I know to write the paragraph you wrote, but am still upset over the rest as I have been jacked around so much I want to get it MORE CLEARER to them. I know you read the 14 steps I wrote prior to your reply, so do I incorporate this into my summary as it has reflected the treatment and their denials...by the way when I requested DRO I also requested De Novo with that too. At my personal hearing the DRO wanted to hear more about the claim they wanted to severe and not too much about this claim that they had denied 3 times!