halos2

Don't forget John's book on "PTSD" also, and am glad you took my suggestion on Roche's book. It has helped me greatly. Additionally to be republished in Mar 2009 his book "Claim Denied" as it got sold out way to fast. I had it ordered in Jan on Amazon, and it was gone before thy got a chance to get me my copy. Back to the topic I had used Congressman Hungate in 1974 and he had my educ benefits rolling in a month.(After I tried for 3 mths prior) Don't have representative with the same gusto now so have been trying to wing it by myself. Back

I did turn in 2 IMO's already by physicians and they denied them...so that is why I said well maybe if I get a nurse pract. IMO to dispute THEIR NP maybe then they will grant.

I have a new question...hmm... If the VA chose to go with a faulty C&P exam summary done by one of their own nurse practitioners, and refuse to grant from IMO's from two physicians to establish service connected disability then ...should I get a new C&P by another (outside) nurse practitioner?

Thanks for posting this site here. I thought it looked so familiar I checked my saved document searches and there it was downloaded previously 07/11/08 5:20a.m. I found it after an internet search. Wish I would have found these different web sites when I started. Started alone in 2003, bought books on internet, including Leggets, Roche's, and many others. Found vawatchdog.org in 2006 and hadit very recently and am always happy to see/learn more avenues to use in the claims processes. Have found enormous help on this site with the challenges at the BVA level. Thanks for more assistance to all vets. I too have military background from the Revolutionary War. quote name='fanaticbooks' date='Jul 25 2008, 08:26 PM' post='99592'] Hi, I have already mentioned my site on another website (VBN) and saw that a couple of people have posted here about it. I thought I would take a moment to give others a brief intro on it. My site is www.howtoassemblevaclaims.com and is a free website intended to help veterans and/or dependents learn how to research, then organize and assemble claims/appeals for submission to the VA. It is NOT intended to take the place of veteran representatives or VA personnel. It was designed so that a lot of the work would be done by the vet/dependent before submission so that stuff would not be missed including filing claims for everything pertinent as well as proofs. I am a secretary attempting to give organization and research possibilities since I had none and had to start from scratch 2 years into filing for my hubby. If as much as possible is done beforehand, then a vet rep doesn't have to spend so much time looking and can instead spend time filing. The same for the adjudicators or other VA personnel. Of course, once it is in the hands of the VA, additional expert help might be needed but at least the veteran would be aware of what has been provided and can then have a base from which to work. This site is my way of saying THANK YOU to all veterans who have protected me and mine. My husband is a disabled vet, my parents were WWII vets and my ancestors have a long history of contributing something worthwhile to benefit this great country. I wanted to do the same and felt this might help those who offered their very lives to protect this great country. Take a moment to check it out if you can and pass it to those who might need it. Thank you and God Bless fanaticbooks

Wow Berta 20 years fighting the VA no wonder you are so knowledgable with the processes. Now if 70% is that like 50% one claim and 20% another or with the VA math which is quite different % wise, to be considered for TDIU.

Great to hear Jim. Red is the color you need. Bright and shinny. Why aren't you getting any disability? Noticed you have 0% listed, are you getting a pension instead? I hope so. Be careful and watch out sometime people can't see red cars so you might be extra careful. Enjoy buddy. [ quote name='Rockhound' date='Jul 26 2008, 03:37 AM' post='99631'] About a month ago, while riding my scooter to the local 7-11 store, I was going down a slight down grade, when the brakes locked up and tore up the drive gears. After I reported the incident to my Prothetics Dept who handles such things, they told me they had to decide if they would fix my old scooter or trade it out for a new one. After not hearing from them in a week, I called to find out what they had decided. They decided to trade out my old and damaged one for another. I was told it would take about four to six weeks for my new scooter to arrive, yet it arrived today only about three weeks since they had given me the time table for its arrival. I had half expected it to be another used unit but newer than my old one, but it was a brand new Legend XL with a whole lot of bells and whistles on it and boy it it a pretty candy apple red. Now I feel like getting dressed up when ever I ride it. I look out of place like a new suite and wearing tennis shoes. LoL It's had a high and low gear, plus a power adjustment, turn signals and emergency flashers, head lamp of course, a horn although not as loud as I would want, is at least half again louder than my old unit, and the suspention is a whole lot better too. I only wished the charging unit was a part of the scooter instead of a seperate unit. I'll have to fine a way to properly carry and store the charging unit, so if need be, I won't be stuck someplace should my charge run low. Just thought I might share this tid bit of info. The VAHA isn't all bad yet. Rockhound Rider a.k.a. Jim

Berta and Carlie, The VAro denied the condition. Synapse: 1)I filed claim 2003 they lost some of papers 2)I refilled 2004 3) had 2 C&P exams for 2 separate conditions 4)granted one condition and denied back condition 2005 5)I filed a NOD in 2006 6)denied back condition again said NOD not timely 7)Gave them info again they had both been on same NOD SOC form 8)they sent info to house I was deceased and family needed to pay back 2 mths pmts 2006 9)told them again I was alive x10 2006 10)Sent me info they propose to severe prevously granted condition 11)requested personal hearing 2007 12)gave further info/facts on both in hearing 2007 13) they granted 20% increase on claim they proposed to severe and denied back condition again this was 3rd time they denied this back condition 2008 14)I requested BVA for back condition 2008 VSO filed Form 9 in apr 2008 "lumbar sprain" only thing write on it SO can I request I-9 be updated or an addendum attached, or in addition to, or ammendment added to on this form with further info to be attached to this copy of the I-9 they sent? What about any errors or facts of law and fact VA made decision wrongly? Do I have the 1 year from notification of decision being appealed to submit more info related to the form 9( Berta 19 jul 08 9:02 a.m.)? Or was that just related to a new claim term allowance regarding time frame? My VSO and VARO womens coordinator advised me not to cite other va cases similiar to mine just give documentation pertanent to me and my case only. No diag. codes are listed on anything they sent me or I sent them. Should I have my IMO use VA diag codes for each inpairment or use their medical universal ICD 9 10 codes? Like MRI conditions listed in relation to VA codes ie herniated disc, pain, radiation of pain to lower extremities, spondlosis,,ect.. Falls related to weakened spinal structure which resulted in damage to knee joint and ankle joint and 39 years of use of back braces/corset and use of knee braces, pain medication, rest, heat, pt treatments,etc... I have really been specific with my documentation and evidence investigation to open their eyes to the evidence that is clearly in my SMR to current all these years and the connection validity noted too. They use a date on my discharge which is totally invalid, as a basis for their claim denial. There is no such date of injury in my SMR. They also state no further problems and no complaint from this date of injury which there is none of this date. The SMR give correct date and over 2 mths treatment+++ and they deny using the date on the 88 and 89 disc forms. I have copied all of your suggestion and Carlies too. The disch summary was not signed by the dr who did it...some one else signed it. I know this got off my 646 topic but it puts the whole thing together in perspective and what else I need to do to prove my case with the evidence there and brought forth. I think I know what I need to go ahead with now but need to know about further submitting of anything to Form 9. Thanks again. Sorry for repeating any info but want to clarify if not read before. Plus WWll father-in-law just went to hosp again 3rd time in 3 weeks and finally diag correctly...clots in lungs so all are rattled now waiting for clot busters to do their job.........Thanks

Berty, Carlie, Hoppy, and others who are knowledgable regarding this area; Form 646 bottom section: VSO typed; I hearby certify... 1.) Service connection for back condition This veteran is appealing the rating decision that continues to deny service connection for back injury. This vet was treated for this condition in service and contends that it is chronic in nature. In support of claim vet submitted medical evidence from Dr. X dated in mth 2006 and Dr. Y dated in mth 2007. This veteran is requesting that claim be sent to the BVA for their consideration. Vet is requesting the Board to consider granting a more favorable decision in vets case when taking into consideration the provisions of 38 CFR 3.102 when deciding vets claim. Do you think I should address more on this form plus on the I-9 form as it just lists lumbar strain. Need expert advise to get them to see/read evidence does indeed substantiate claim.

Got it Berta and thanks...just got copy of 646 will post what is typed on appropriate forum of such. Tell me what should be my next step, thanks.

Yes see my other reply addressing this below. I have another question I had put in for other claims and they were denied and I want to file an NOD, and my file is in Washington D.C. will this hold up my claim at the BVA level or will they use the temp file at the VARO to proceed with this? Waiting for my copy of 646.

I got what you are saying...they told me they fired her but transferred her and what they said basically is the truth however what would be written on her records was she was transferred. It would not be written anywhere and what they told me was here say...they told me blah blah blah, but it is not documented as such. SO it doesn't matter who says what but what is documented is what counts. They take care of their own and will go to any legnths to do it, by transfers etc and F--k over as many vets along the way. Their attitude is who cares. You did say transfer not fired...I was just saying what they told me, not what you stated.

"Make sure IMO uses format used here at hadit" ok I must have missed area where to find the specifics to follow to the t, to acquire a favorable deceision. Please give it to me so I may give it to physician's to follow. I am waiting for the copy of my 646, it was to be mailed out to me on tues of this week. My VSO assistant said that the 646 was made out in April 2008 and went with the claim, and was turned into the VARO in apr08. Is this the usual? How did they know it would not be granted here? Made out in Apr yet sent to BVA Jul does that seem appropriate, esp as I continued to send more info to VARO all these mths. quote name='Berta' date='Jul 22 2008, 10:32 AM' post='99151'] WOW that was fast- it took my POA 6 months to prepare the 646- all that time I not only was unaware the transfer to the BVA was pending but that six months just strung it all out longer. My POA said they had no copy of their 646 and I somehow got it anyhow from the RO- I only tried to obtain it as it is critical to a GC complaint against them. I wouldnt worry about the 646- You can file an Addendum to the formal I-9 explaining to the BVA the lumbar spine issue more clearly. A notarized statement from the doctor's assistant, in my opinin, would be considered by the BVA as to showing continuity of treatment. I dont know exactly why you want an updated IMO, unless the new IMO has a C & P exam report to knock down- still make sure the IMO doctor uses the format for Getting an Independent Medical Opinion-here at hadit- the IMO itself will expand the argument of the I-9. If you are dealing with Dr. Bash of Bethesda-and asking him to update his IMO-he already knows the regs so he doesnt need to know how to prepare the IMO. He would need, however, any medical evidence or negative C & P report, SOC etc that transpired since his initial IMO.

Yes Carlie, You are right they "fired" her just from doing C&P's but transferred her to another area. The Pt Advocate told this to me and the FOIA Officer at this facility told me it took her 3 days to find out where she was transferred to. I spoke to an attorney last mth and she aggreed with me wait and see what happens with BVA and if not favorable she wants the case. Therefore my POA would switch from VSO to attorney, Right? She said even though the evidence is there the VA want to deny deny deny as it is their motto. Think if I get IMO's to tweek their previous reports and use more references it would help? I am so bummed out I don't know what to do first.

Just got my official letter today dated 18 jul "certified your appeal to the Board of Veteran's Appeals and are transferring your VA records to the Board in Washington, D.C....you have 90 days from the date of this letter..." Too bad they sent it pony express to me as it took 5 days to travel 150 miles. Yet I believe they do this to narrow down the days a vet has to fight them. No way in hello am I going to let that liar nurse pract. get away with this. What more evidence I need I will get. I guess the VA doesn't look at the fact she was fired from doing C & P exams for lying on vets reports. I bet they were dissappointed she got canned as she dissed so many vets. Not going to happen here! Going to need further assistance along the process and I know I can count on my GREAT fellow vets here to help me too!

My versions of what happened were all written and sent to the FOIA officer at the vets hosp and also sent to the VARO to be included in my files. Just found out file sent to BVA, as they shot dowm 2 Dr IMO's and took opinion of fired nurse pract. And how is your day going?

Yes they said my IMO's were not credible as they did not say they revieved my other medical records however the records they were referring to were sent to them by one of the IMO dr's. So that is how they got the information. So the other one I will have him relate to all records not just SMR to up to date continuance of records. The SOC ...dr x and dr y's statements are not credible as they were not based on a complete review of your medical records or medical history.There is no mention of normal clinical eval on separation exam, and no mention of intercurrent low back injuries in 1986 and 1999. The reason they knew about 1986 and 1999 as dr y gave them copies of medical/treatment records from my visits to his clinic. The dates on separation exam stating an injury are invalid it was 2 months later when I had the injury and 2 mths treatment. pt and all. ...Plus dr x said "one cannot place an exact date on the origin of the bulging lumbar discogenic problem" but opinioned back injury in service could be the culprit that started the discogenic problem evidenced on MRI's.An assessment of discogenis syndrome with lumbar radiculitis secondary to spinal disease of undetermined origin is given. H said the back injury in service is more likely then not related to the documented back injury during active military service...

I called my VSO and told him VARO said they sent claim to BVA yesterday and he checked it out and said they did on 18th Jul last fri. He is going to send me copy of 646 and said it was written April 2008 and has a couple of sentences on it. Can I add anything to this form? How do I get all the info established and on what form as they should have the complete file. My VSO said sit tight you will be waiting a minimum of 2 years for this case to be looked at becaue BVA are just working on claims received from 2006.

Just found out my claim/file was sent to BVA in D.C. (yesterday) by VA but confirmed by my VSO right now(today) as this is to be true.( It was sent on friday 18th Jul 08) So I know I have 90 days to submit more information and longer if I waive jurisdiction, but I wanted more on my Form 9 as I found out it only was shown to have lumbar spine written on the form. Requested a copy of the 646 so I do not know what is written on that. SO can I expand whatever is written on these forms? Already have appointment for update IMO in a few weeks. Now what else should I do to help my case? I found a person who was a personal assistant and office manager of a physician I saw in 1970...as she worked there for years and he delivered my 3rd and 4th child. He died in the late 1970's so there were no records to be found, however what weight would there be in my favor if she writes a summary of my back injury and continuance of chronic back pain and physician visits as she remembers me and my problems. What type of influence do you think this would be in granting a continuance of back condition during the year of my discharge? I have given information validating back treatments since the early 1970's but this would qualify since the actual year of 1970.

Berta, The more I read about your fights/claims with the VA the more it is evident the cover up regarding the lack of care and compassion revolving with your husbands mistreatments. To find out these quacks were not made accountable for their negligence and were/are allowed to treat others is an even bigger injustice. I am sure you want to shout it from the roof tops!! Some one needs to say...the buck stops here...they need to be made accountable...the public needs to be informed of their wrong doings and the ultimate sacrifice-your husband's life. I applaude you and your strength with your "never quit" attitude. Good luck with your pursuit.

Read about this quack originally from Vawatchdog.org 10/29/2007 #2 Trail of Misery Follows VA Doctor. He is responsible for up to 10 deaths in Marion, and 8 patients with substandard care of which 2 died while in Mass.area. No one ever checked him out...He hurried up and left Mass. and came to Il and no one checked his previous employment...sad but true. Sounds like another Michael Swango case. He killed some in Ohio then came back to Quincy Il and tried to poison his fellow paramedics and went to jail 5 yrs...got out and went to VA Med Center in South Dakota as Dr but forged papers with another name(he was a dr) then went to VA Med Center North Port Long Island New York and killed 3 vets and to Africa and killed more but he admitted to killing 4 people but they say he killed 30-60. It is unsure how many vets he really killed. He was a genious but very disturbed. He was in the Marines after he graduated college before he went to medical school. His dad was lifer Army Officer. My point is the VA never did check him out as they didn't with Veizaga-Mendez. Why is it ok to give vets second rate care? You can fight for freedom, but you can't fight for adequate care. How many other's are out there giving substandard treatment to vets? There should be mandated regulations, background checks before any are hired. Read about this quack originally from Vawatchdog.org 10/29/2007 #2 Trail of Misery Follows VA Doctor. He is responsible for up to 10 deaths in Marion, and 8 patients with substandard care of which 2 died while in Mass.area. No one ever checked him out...He hurried up and left Mass. and came to Il and no one checked his previous employment...sad but true. Sounds like another Michael Swango case. He killed some in Ohio then came back to Quincy Il and tried to poison his fellow paramedics and went to jail 5 yrs...got out and went to VA Med Center in South Dakota as Dr but forged papers with another name(he was a dr) then went to VA Med Center North Port Long Island New York and killed 3 vets and to Africa and killed more but he admitted to killing 4 people but they say he killed 30-60. It is unsure how many vets he really killed. He was a genious but very disturbed. He was in the Marines after he graduated college before he went to medical school. His dad was lifer Army Officer. My point is the VA never did check him out as they didn't with Veizaga-Mendez. Why is it ok to give vets second rate care? You can fight for freedom, but you can't fight for adequate care. How many other's are out there giving substandard treatment to vets? There should be mandated regulations, background checks before any are hired.

Called my friendly VARO again today to see if they knew anything regarding my file/case status...it was 3:35 p.m. and got someone who told me 3 different stories( of coarse) and then he said "well it says here on the screen temp. trans. to BVA july 18th, so I guess they sent a temporary file to DC!" What do you make out of this? He did spell out the words (even though he said "it says here" as it didn't really speak----this is my humor) I spoke to my VSO late friday and he never mentioned anything remotely about my file leaving yet. Does this type of terminology/word usage sound like my file could have been sent to the BVA? Don't they usually inform the vets SO when they do this? I know if it is there, I have 60 or 90 days more to get any/other new evidence sent in. (I'll check it out as 60 or 90 days)

Berta, Got copy of my Form 9 today very brief..under 9 b is checked and written under that is lumbar spine. That's it 2 words lumbar spine, nothing more nothing less. Now what am I to do????

I finally got the copy of VA form 9 in the mail from my VSO, as fax trouble. Well on # 9 has a check mark and the only thing written is lumbar spine. That's it. Nothing more or less. Where do I go from here? quote name='Berta' date='Jul 19 2008, 09:02 AM' post='98894'] If the rep already filed a I-9 form for you- you should get a copy of it and see if all of the bases were covered.He probably prepared it right. A formal appeal, per NVLSP, must identify and argue all issues on appeal. A SOC or SSOC could state many issues and the appeal must address what is within the BVA's jurisdiction. For example- the VA put on appeal in 2006 an issue I had withdrawn in 2004 and had recharacterized. I had to clearly state this fact in my I-9. The VA also stated to me that they had put on appeal a claim that they had never decided.This too had to be cleared up. "The substantive appeal should set out specific arguments relating to errors of fact or law made by the RO in reaching the decision being appealed. The argument should relate to specific items in the SOC and SSOCs." VBM NVLSP 2007 edition. page 1289. My I- 9 clearly identified the issues on appeal and the errors in law and in fact that the VA had made in the decision I was appealing.I also referenced legal citations and directly referred to statements in the SSOC.And again enclosed my medical evidence. You have 60 days from date of SSOC cover letter or the remainder of the one year period from the date of notification of the decision being appealed to submit the I-9.

Carlie, I did request my C & P exam records be ammended. I went through the Pt Advocate and then the FIOA Officer at the hospital..She told me they could not ammend the errors the nurse pract. wrote in my file/chart. She said I needed to request a new C&P. Haven't heard anything about that. Also the FOIA Officer sent me a letter stating I was withdrawing my request for an amendment. She told me the Nurse pract couldn't remember me or what she wrote but if she wrote it it must be true. So therefore it would be she said and I said and nothing would differ. Now was she right requesting that I with draw my complaint/request to have my records ammended? She said ammendment would not change the facts, only a new C & P might do that. I didn't feel right doing that but she said the evidence right or wrong was written and it would not get changed, and also how could an impartial individual look at her documentation and make a change when they were only reading her notes, not doing an exam. I feel like I am in the middle of a rock and a hard place here.

VBM= Veterans benefits manual NVLSP= National Veterans Legal Services Program got it now ok.