halos2

They also say in their denial that "back problem relates to lumbosacral strain(date documented on form 89 discharge is wrong date listed is 2 months before actual injury) treated with muscle relaxants and a corset with good results. No problem since that time." The SMR indicates 3 weeks of PT, rest, heat, exercise therapy , pain meds, muscle relaxants, pain radiating down legs, no improvement noted, pain still present, had orth eval and states no relief of pain with diagnosis of sprain strain spasms to lumbo-sacral area and pain radiates down leg. Seen at med clinic 2 months and last documentation states pain still present no relief continue to use corset... No where does it say good rsults...4 pages on both sides of SME state above FACTS! Plus PT form with therapy no relief plus ortho exam with same pain... The back injury was 2 mths after they wrote on form 89 so this to me looks like CUE! I never went to the clinic at all on the date they said it occured. SO what do I do now except wait for BVA. I did tell DRO in personal hearing all of this info but she still denied case.

Not familiar with Form 646 Certification of Appeals to BVA. Do VSO's complete these with all appeals, and do they advise vets of information or not? Will check to see if VSO submitted this with my VA 9 and if so, will get copies to see if all info has been stated. Any others familiar with the info to be sent/validated on this form please advise.

I have read so many of your comments and I wondered...did you begin your plight with the VA during your first marriage with that husband, or was it with your second? How long have you been fighting the VA? How many suits have you recorded and won against the VA? I applaude your courage and determine to persevere with these challenges. What a shame you were not afforded the opportunity to share your compassion with your last spouse and instead have been forced to try to correct the system responsible for his demise.

Great to hear this. Yippee for you and your family. It is GREAT to find out the almighty VA does indeed get it RIGHT sometimes. Relax, breathe, and enjoy your family! Did you remain the advocate for your claim or did you have a vso who actually did work to help you? Curious to find out.

[Thats a funny reply...Feel as though pissing them off stalls the processes...feels like they will take away my life jacket if I said what I would like to say...bite my tongue and bear it alot as they did call me early when one claim was increased...wish they would tell vets they(vets) have to do all the work themselves when they initially apply. Basically filed claim then called them as was told needed one and all I was told was "more likely than not" statement to use...that was all. Have done all alone with books and web help and one va supervisor who helped me last yr but no more as they have demoted his position as he helped too many vets...so no more contact with him for over 7 mths...his personal # at va has been deleted. So unknown where or to whom do you get the correct info from quote name='jbasser' date='Jul 14 2008, 10:33 AM' post='98358'] JMLO do you have a VSO representing you? If you do, contact them, they more then likely have an office at the regional office adjacent to the RO. Be nice to them and ask them to check on your claim. If they say they are too busy, tell them toget off their Butts and physically go check it out or they are fired. They can go to the person handling your claim and get an answer. J

I spent the last 18 hours rewriting my evidentiary information related to the ridiculous denial for my back injury... Each time I review the SMR I find more information in my favor...going to have Dr review and sign new IMO. Found out my records/file is on the appeals table...guess it goes there to be reviewed before they send it to BVA. better get this other exam in before it leaves and also because I may have a chance in hell-o of being granted when they see the errors of their ways. Any idea how long it may sit on the appeals team?

There are alot of variables to who gets approval and who does not. VA centers, raters experience, C & P exams(validity?), SMR evidence, Follow up care post service records, etc. Sounds like your stars were all in order as you were granted this first time around. I believe you are the exception to the rule. Kudos to you! I have highlighted for years...in college years ago and also to VA and I used different colors for each diagnosis, anything I believe to make it easier and faster for them to "SEE THE EVIDENCE IS CLEARLY THERE" yet I forgot some wear binders and some are color blinded. Don't worry I had a couple of diagnoses, so it didn't look like a coloring book(haha). Pass some of that mojoe here to others to share the luck, as that is what it is. You got the right person at the right time. Hope I will be as lucky too with the BVA. Thanks a bunch for sharing. We need to hear when one of our "vets" gets what they deserve!

How did you get 210% and still be alive? Do you get A&A or SMC?

This is wrong to do this, legal or not to post sensitive information. There should be some methods of confidentiality. VA # should be blacked out as well as SS#. I read a little on this case but not enough to comment however innocent till proven guilty where is the complete justice...can those who told of event and who was involved tell what they ate that day too? Is their recall that clear? Sometimes memories maybe suppressed and total recall might be a little didffcult, also have those who testified applied for and been granted va benefits? Sounds like it needs through investigation before jumping the gun. Hope outcome in the end will be justified wherever the truth shall lead.

The records did show modalities used ie tens unit meds,rest,etc. The one Dr did send records he had but did send a letter stating he had treated me since the early 1970's and I sent pharmacy records for 4 yrs but other dr statements list meds too...a few of the dr's are deceased but I did get only some records from one of them for 5 yrs treatment however the one does show from 1970's. I sent others from 1980's as well as VA 1980's records which all state"chronic back pain" Thanks for your help too. , but did

You might look up under the state they are in under the department of professional registration and licensure and check their name and see if they had any sanctions or problems, suits or if had suspensions or revokation of licensure at any time...but it will list for that state sometimes they jump states and it doesn't always follow them. You might want to google to see the state site. Good luck.

Something does not appear to be kosher here.

Carlis, One enlistment. The VA is trying to imply the other injuries are the cause not the one in service. The Dr notes show visits and treatments at the clinic as evidence of other injuries that occurred but the original injury was inservice and I have always worn a back brace since discharge and all these years. The original back injury inservice weakened my spinal process and thereby my structure was always painful and mobility limited. I always took pain meds and back treatments, chiropractic, accupuncture, massage,heat,rest,topical pain meds as well as oral, tens unit, all listed previously. I hurt my back and suffered all these years and paid for by myself except when I went to the va for treatment. All documented in SMR, but VA wants to look for 2ndary instead...

38 years is a long time. Many people are not as fortunate to have had a long lasting relationship. Blessings to you and family. An angel will watch over you to help you through your tough times. SS will give you a small amount of $255. with a copy of the death certificate but I am sure others on the site will help you with further information. AGAIN SORRY FOR YOUR LOSS.

I just went on line again to B & N but it still says no such inquiry. It is the new Claim Denied book right?

When?? I called all over here but no one can get it for me. Had a lead on a Barnes and Nobles in California having it but they said no and were not going to have it till next year. Tell me please as I really want this especially as I paid tower but have gotten nothing.

Thanks a bunch! Just copied it so now when I ask pain dr. ay VA to write one for me he will not look at me like I am crazy.

Got it ,Thanks. Had in Jan on Amazon preorder his "Claim Denied" new book but they told me it was sold out. Tried to get it from the publisher but will not be reprinted till Mar 2009. Have paid for a copy of it via Tower.com 4 months ago but they are still searching. Supppose to list for 13.95 but some person on ebay says they have a copy and they want 68.00 for it I was going to buy it till I checked their feedback and many people wrote they never received books they ordered. This would be another great one too. He is a blessing to vets!

Betty, We took out 40,000 in 1999 and got screwed by IRS and the state. The bank has to report it. Good friend took out 16,000 3 years ago and then 2 weeks later took out 10,000 and he got turned into IRS and the state by the bank and then the bank told him the 9999.99 law so he and we never did it again. My father in law took out 10,000 last july and the IRS and state sent him notifications to pay tax on his withdraw and he is 85 years old as disabled...was doing a loan to some con's and now is trying to locate the crooks but he had to pay over 800.00 in to IRS and more to the state. Of coarse not being able to work since 2002 I wish I had any $$ now! This was all cash not checks or certified funds from one bank to another. The problem was CASH, so you won't have a problem. You can put what you want, any amount in the bank but when you try to take the cash over 9999.99 in one 24 hr period that is when they report you. quote name='Josephine' date='Jul 12 2008, 06:28 AM' post='98076'] Best to you and family and remember to never take out 10k at once from bank as they tell IRS and then you have a problem and have to pay taxes on the 10k!! (9999.99 is ok not reported but 10000. is. I mean that is in one day) Picked this up from rentalguys success story. I am a bit concerned: I took the six figure 16 year retro and deposited it into my bank in my name and left it there for 24 hours and then went back to the bank and the teller wrote a authorized check for the full amount in my husbands name. This he took and paid off the mortgage. Does this mean that now I will have to pay taxes on this money, for the amt would be more than I have. Thanks, Betty

Did you go to this Dr. for your IMO? Is this Dr located in your state? Was this recently? Would like to find one reasonable and familiar with the regulations and format. Also when I had my personal hearing I asked for a new C&P but this was not addressed nor was it on the transcript...guess the tape broke when I dissed the examiner. Who or where are the other Dr's who write IMO"s? Thanks.

I just go to the medical records division and get copies of all my records ie appointments, treatments, labs etc. If they are not in the computer that day, they mail them to me. Just sign the release and off I go with them. In fact they not only know my name but automatically put my last 4 numbers on the form too. They have a great bunch of people working in that dept.

VA Claims research... as to the steps to follow related to the damn idiot nurse pract. and to see if others had this problem or one similiar and processes used to correct the situation. This is related to WHAT TO DO TO RECTIFY CLAIM FROM DAMAGE DONE FROM FAULTY EXAM. My objective is my claim! My appeal is going to BVA because of her incompetence! The damage info was stated, and some of the steps I have taken were stated,...last 13 words I typed were" and their advice or actions that may have helped them in their battle!" If this is not requesting research into claims what is???? This topic is my claim and if people want to give assistance or imput I am glad for it, sematnics are not the issues at all! To those who offer me assistance I applaude you. Thank you for your support. I am getting the IMO Dr's to rewrite part of my rebuttal to see if that works...I think that would be more to my advantage at this step and if it doesn't fly, next I will ask for a new C & P. Thanks to MMMM5 as I bought Roche's books over 2 1/2 years ago and have used the info deligently. I appreciate this forum and the "helper's" on it. Have utalized Jim Strickland's imput also about 2 years too, as well as vawatchdog. I went to this VA for 3 yrs in the mid eighty's...told the N.P. and she said "vet claims was treated at this facility, no such records" I got a copy of them from archives at this VA too...too bad she didn't check this out also. This screwed up my claim somewhat too till I sent VARO a copy cause they didn't believe me and try to locate such! But they did not change their mind either. I have been a nurse over 34 yrs and have friends that are nurses, Nurse Practitioners as well as Dr's but the fact remains SHE WAS FIRED FROM DOING C&P'S!! She was incompetent...she f'ed up! I am the one who has lost all of this time, energy, focus on a claim that was clear but she threw a wrench in it and that's my story, because this is my life. Thanks to all you good people who continue to work for all us vets. You are appreciated here!

Wings, Have friend who is a vet married to a vet, she is 30% and he is 70% with 100% IU and both are SSDI. She asked if he dies can she still get DIC from him? Couldn't give her an answer, as I was not sure. Do you know? Also can she get his SSDI instead of hers as his is about 400 more each month? Hope you might have an answer for either or both questions. Thanks

Wings, Have friend who is a vet married to a vet, she is 30% and he is 70% with 100% IU and both are SSDI. She asked if he dies can she still get DIC from him? Couldn't give her an answer, as I was not sure. Do you know? Also can she get his SSDI instead of hers as his is about 400 more each month? Hope you might have an answer for either or both questions. Thanks

Wings, Have friend who is a vet married to a vet, she is 30% and he is 70% with 100% IU and both are SSDI. She asked if he dies can she still get DIC from him? Couldn't give her an answer, as I was not sure. Do you know? Also can she get his SSDI instead of hers as his is about 400 more each month? Hope you might have an answer for either or both questions. Thanks