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tk3000

First Class Petty Officer
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Everything posted by tk3000

  1. Thanks for your input. The main point for me is not the need of any type of assistance as far documentation and claim development is concerned, but having access to the current stage of things would be useful; since with POA they have access to all my claim/appeal related information on the system, I would be able to call them and have an update about the state of affairs with claims.
  2. Hello Folks, As of now I lack a POA (I used to have POA from the VFW). I contacted the American Legion and was informed that they could take assist me with a POA since I have an ongoing appeal. How important would be to have a POA at the regional office? As far as I am concerned I don't feel in need of advises, but the situation with the VA is so chaotic that it seems impossible to reach the VA via phone and the ebenefits is nothing but a joke, besides it seems that the VSO with POA would have access to my real VA records of claims and appeals. thanks, tk3000
  3. JR, hmmm... In reality I have never been in Huntington before; I am planing a trip to that region though. So I really do not know much about it, besides what read and hear about. In Lansing, MI, the winter is very long and harsh (lots of snow accumulation, sleet, and ice, temps often in the teens and single digits) and I understand that the winter and summer is very mild in the WV and even milder in the region whereon Huntington is compare the whole State of WV. Another thing I was taking into account is the cost of living: I live in 960sqf condo unit and pay about US$1500 in property taxes per year, for a much larger house in Huntington I would pay US$450 in property taxes per year. I also heard that Huntington is the shopping corridor of WV, and it is home to Marshall Univ. But if the city is in decay as you say and criminality is skyrocketing I would consider any other town nearby. I also heard that WV is the least prone to severe weather (tornados, etc) and that the mountains and nature is beautiful there. I was not considering Huntington downtown though, actually I was looking into a place close to the VA hospital (Spring Valley region). But as I said before I am mostly ignorant about the area, so you have insights and suggestions to give me it would be awesome. tk3000
  4. Carlie, I was mostly considering any favorable conditions to buy the property, not necessary conditions related to a VA loan/mortage. I know VA loans have lower requirements (not need for downpayment, etc), but such conditions apply to any lender who would take VA loans and any property that fit the requirements. I know that HUD and the VA have partnership and a program oriented towards homeless veterans though. Tk3000
  5. Hello Folks, I am intending to buy a house in the beautiful State of West Virginia (Huntington), and currently I live in Lansing, MI (not so nice). I found an interesting HUD house that has been foreclosure. I know that there are programs which allow homeless veterans to live in HUD houses, but since I am not homeless thus I do not fit that profile. So I was wondering if been a 80% disabled veteran would in any way help me in purchasing a HUD house. Thanks, tk3000
  6. Yep, hopefully I will have a quick resolution for the whole entanglement.
  7. Berta, thanks a lot for all the relevant insights and expert examples/cases.. VA appeals can drag on forever with remands, or send back, and transit between different courts and jurisdictions, etc, which can only add up to the aggravation of an already chaotic and overwhelmed bureaucratic machine. Sure enough, I always attach a stack of fully developed concerted array of factual and substantive material to my VA Form9 on occasion of filling an appeal. Hopefully something good soon will come out of it for a change.
  8. Hello Folks, About two years ago I filed a substantive Appeal (BVA) for several pending claims (amongst them one for IU). My Appeals were not certified to go to the BVA as of yet. The Regional Office then requested another C&P exam for my appeal stating that they (RO) would try to resolve the Appeal before it is sent to the BVA (which seems prudent and plausible considering the extrapolation of the backlog and notorious erroneous decision rate). So far I have gone to the aforementioned C&P (last week), requested copies of the C&P, and once finished reading it, it seems clear that part of the examiner's note portend a decision in my favor. The process does not seem normal, since I filed a substantive appeal and not a DRO yet again; so I was wondering what one should expect and how fast would it be. Thanks for any insights. tk3000
  9. Just an update. After having submitted an IRIS inquire very similar the my original post in this thread, I received a response whose main statement is the following: "Your regional office generally tries to resolve the issue locally before the appeal is sent to the Board of Veterans’ Appeals (BVA)" Considering the magnitude of the backlog, the margin of errors in the decisions, and overall the monumental national disgrace that the VA turned itself into; it make sense that even if only to reduce the backlog they would review the claim previous to sending it to the BVA. Hopefully for a more positive outcome.
  10. Thanks for the insights. It is amazing how an untrueth that is repeated often enough ended up vested with truth in the mouths of so many.
  11. It is my understanding that given the very nature and profile of physical prowess in the military service that if one is in such great physical shape to join the military one may then loose or abdicate his/her disability compensation. Recently I was working as a government contractor at the DLA (Defense Logistic Agency) and some veterans there mentioned that one can not as a DLA employee receive both the disability comp. and regular wages. It is my understanding that VA employees can receive both wages and disability pay. So it is no clear for me what the critiria is. Thanks for any input.
  12. Thanks for your insights! I have gone through Vocat. Rehab in the past but never had any issue been denied Vocat. Rehabe benefits so far, and I simply opted to use my GI Bill benefits as of now. Lately it has been impossible to reach the VA via phone, last time I called I was placed on hold for over 30min and thereafter the call simply dropped (they clearly can not handle the volume of phone calls any longer); so I will send an IRIS inquire.
  13. Hello Folks, Not a long time ago I have filed a claim for IU. There has been comprehensive C&P for my service connected conditions, subsequently the VARO's adjudicator not surprisingly denied the claim. I then filed a substantive appeal with BVA. My appeals (including the one for UI) has not been certified to go to the BVA as of yet, and my folders are still within the Detroit Regional Office; knowing about the VA's policy of “Delay, Deny, Wait till I Die” there is no surprise here either. The only surprise so far was that another comprehensive C&P for UI was requested by the regional office. I was assuming that the BVA should request such C&P if they so judged necessary, could the the RO be mistakenly treating my claim as “de novo review” (by a DRO). Any insights would be great. Thanks, tk3000
  14. Hello Folks: I have a rather confusing and unsual situation and I have some questions that would need some clarification. I am disabled veteran, entered the military on 01/2004 and left around 08/2004 due to serious injury and subsequent disability (as of now I am rated 80% disabled by the VA for multiple disabilities). At first, when I left the military, the Post 9/11 Gi Bill simply did not exist, and based on the regulations back then I would only be entitled to 6 months of Montegomery GI Bill since I had only contributed for 6 months (even though I was discharged in function of a disability). Back then I enrolled in the Chapter 31 (Vocactional and Rehabilitation) in order to go back to school. When I enrolled on Chapter 31 nothings was said about the Chapter 31 depleting my GI Bill benefits so I was not aware of such fact. Recently in function of the very low allowance granted by the Chap. 31, it is inheriting limitaions and restrictions coupled with the fact that it was depleting my GI Bill benefits I decided to switch to the my Montegory GI Bill since I was told that I would need to deplete my Montegomery GI Bill before I could apply to the Post 9/11 GI Bill. My questions are the following: 1) I have perused close to 42 months of benefits (most of them through the Chapter 31, so all in all I only have about 6 months of Montegomery GI Bill remaining; do I qualify to the extra 12 months under the Post 9/11 GI Bil once I exhaust my Montegomery GI Bill benefits or should I switch now to the Post 9/11 GI Bill? 2) As of now I am in Chapter 31 program called "under the Job training" whereby I received a regular Chapt. 31 allowance, my questions are: Does the Chap 31 " under the job training" in any way deplete or affect my GI Bill entitlements? Also the Chap. 31 " under the job training" program I could receive the Post 9/11 GI Bill allowance in case I entitled to the Post 9/11 GI Bill and I was told that I would need a copy of Ch33 entitlement letter, and since I am entitled to Post 9/11 GI Bill (I am simply did not apply for it as of yet) how could I obtain such Ch33 entitlement letter in order to have a higher allowance fothe Chapt 31 under the job training program? thanks, tk3000
  15. Carlie, I submitted all the medical records and evidences a long ago in concocted and concised way, and all such evidence and information has been with the Regional Office for a few years now. There is more than necessary and sufficient information on my file to grant an increase, thus the VA itselt establised a CUE of a previous decision; but at the very end claimed that the CUE did not happen. I have material evidence that the VA itself established and created a so called CUE to address such issues. The previous rater did not even know the meaning of words in the English language; they decision was by all means pathetic. I only filled a claim for increase in function of confusion with me and my service officer about the deadline for file an appeal. The last C&P was by all means pathetic and ridiculous, not only the examiner did not have any clue whatsoever about my case but in reality she reading somebody's else file assuming that it was me, which makes it dramatically pathetic. It seems that if someone has to render any opinion about you, they should at least know who you are; and according to any principle of justice should render a fair and impartial opinion, not a distorted and disconnected one . Having said I could easily prove in a court of law (wish I could sue these crooks) that they previous decisions and machinations are nothing but a deliberate and proactive attempt to jeopardize my legal rights, and they should face criminal charges in any civilized western country. tk3000
  16. Thanks for your response, and sorry about the absence of any follow up so far. Actually it was a mistake I made and the examiner took advantage it to its maximum effect. In the past I went to the ER due to chest pain, and few times it was diagnosed as been GERD (it may have happened 4 times in 5 years). Very recently I went to the ER for chest pain but the diagnose was not GERD but something else (costochodrits) and I did pay attention and took the discharge papers with me. So basically examiner who have no clue whatsoever about my condition wrote the her whole diagnose or medical opinion talking about such fact (that the chest pain was not due to GERD) as if it summarized and surmised everything about such condition. That was a single and isolated episode, for what there is a pattern that in the past several incident of GERD sever enough to cause chest pain. Part of the reason for what I have not even read these particular hosp. discharge papers is given the fact that at some pont one simply do not care about decision that take place at the regional office level since more likely than not the crooks and cronies who work there will likely deny it no matter what (some of them should spend at least 25 years of their life in jail for abuse and fraud, but where there is impunity there will always be fanfare and carnival for criminal activity) I will follow your advice and contact them via IRIS. Thanks! tk
  17. Hello Folks, I missed the deadline of an appeal (some confusion between me and a service officer), have then to file a new claim (for increase) just to get things moving. I have a plethora of medical evidence, documents, and information on my file which should have more than necessary and sufficient information to warranty a higher rating (currently 10% for GERD condition sec. to pain killers). Have been prescribed even inhaler to cope with such condition (what I used sporadically) and paid a visit to ER a couple of times the last few years in function of chest pain which then was diagonsed as GERD. Recently I had a compensatio exam (no point in having such exam to begin with since such condition should be under appeal and I would naturally win such appeal). In such C&P I had a misturned to bring a record of a recent visit to the ER (though it could be a heart attack) but it was diagonsed as costochondrits in that particular episode (not GERD); but again there has been several occasions where chest pain and even severe chest pain (thus me going to the ER) was diagnosed as being caused by Heartburn. My medical records speak for themselves in very clear, consice and coherent way. Now the crazy thing is I went such C&P exam and the examiner seemed fair innapropriate to begin with. At the very first 25 minutes shed had a file on her hands (supposed my file) that she was looking for assuming that it was my file, but after about 25 minutes she found out that it was the wrong file. She then went to the back in order to bring what should be my file, but once returned she stated that my file had been sent to a different medical center and that she would progress with the exam without my file. In other words she did not review my, she did not even touch my file and in fact she had absolutely no much of a clue about all the vast recors and evidence pertinent to my case present on my file and how they relate to that particular condition. Is that accpetable for an examiner to proceed with a C&P wihtout my file and records, information and evidence therein? To make things much worse such examiner concentrate her conclusion on the fact that I had a recent visit to the ER (assuming it could have been a heart attack), but in that particular case and episode it was diagnosed as been costochondrits which is nothing but an isolated episode which is ultimately nothing compared to a vast history chest pain related to heartburn and my other heartburns symptons as be verified on my file. Is that C&P valid to begin with considering that such individual deliberately acted against me, but did not even have my file to begin with. tk
  18. About five years ago I learned about the forthcoming possibility of downloading all my medical records online by means of an online authenticated account via the myhealthvet website. It was an interesting and important feature for me since it would allow one to have instant access to my medical records (notes, exams, etc), and not having to fax forms and waiting sometimes weeks to have paper copy of such records. I even went to a VA Medical Center in order to proceed with the so called in-person authentication (had to travel about 90 miles, and the authentication took about 15 minutes). Five years afterwards, it turns out the online access to Electronic Medical Records (EMR) simply never happened. Now the VA with all pompous of a panacea promotes an amazing new electronic feature, the so called "Blue Button" that supposedly allows the veterans to download and access their records. It turns out that the "Blue Button" is simply a link that allows access to a tiny small pure text content with small pieces of information such as your blood type (the type of information that one should care in ones wallet in a small card). Does the VA really believe that all the veterans suffer from a chronic state of mental dementia and retardation? That so called "Blue Button" is ultimately the most pointless, meaningless, senseless and stupid things I have ever heard of. tk3000
  19. Thank you for your kind words! It is certainly true they keep such physicians in their staff because it is convinent for them saving money in the long run. I wish you the best of luck with your claims!
  20. Pete53: "Instead of looking for a court remedy I think you should ask or even demand another Doc. Its obvious from reading your post that you hate the scumbag who examined you." That is something that I have done from day one, actually I send an IRISH message complaining about the horrible experience that such physician in such faciolity (Ann Arbor VA) and clearly stated and demanded to have my care transferred to a non VA facility. As a response they cancelled any type of care for my condition in the VA Ann Arbor, and asked if I would accept going to Detroit. There are very good hospital in my area. Going to another city hundreds of miles away simply to have an appointment with a physician is an absurd. Anyhow my condition is problematic but stable. Thanks! tk
  21. carlie, Thanks for the insights. I have been in contact with a patient rep and will writte a letter to the VAMC director. But I believe a legal action is necessary, maybe the FTC is a misnomer for such situation/case. But there has to be some legal and court resource, after all we do not live in North Korea, constitutional and individual rights are taken seriously. tk
  22. carlie, sledge It was not a C&P. It was a quick follow up (about 10minutes), and such physician stated on my medical records that it was "A Long, Complete, and Thorough Exam". It has to be some sort of joke. tk
  23. carlie, I wouldn't necessarilyt have called it "bedside manner", it is more a matter of discrimination, intimidation, and personal attack tk
  24. Hello Hawkfire, Thanks for your thourough response with the links (quite some reading; I am still reading them)! I sent a message as a complain directed to the Ann Arbor VA, the content of the message is very similar to my initial post in this thread (some editing/adaptation). Also in the very same day in which I had such obinoxious meeting/appointment with such physician I went straing from the appointment to the patient advocate office in order to complain, but the patient advocate was of very little help. The following was their response (via IRISH): " Thank you for your inquiry. We are sorry for what you perceived as bias and lack of respect regarding your condition. We are not able to remove medical documents from your file for the reason's you stated. If you feel your medical record has incorrect medical information in it, please send a letter to our Privacy Officer requesting the exact information you feel needs to be removed from the record, and why you believe it should be removed. Please send your letter to: Sandra Kidd (HIMS) VA Ann Arbor Healthcare System 2215 Fuller Rd. Ann Arbor, MI 48105 If you need further information regard this matter, please contact Ms. Kidd at 734-845-5314. " As far as medical records I looked into the notes that such physician entered and could clearly see some distortion and manipulation; for instance, I don't have a very good feeling of touch on the upper part of my foot which would then indicate some nervous damage, and she actually stated that there were no nervous damage and it fully sensitive and responsive to the touch; but I do not understand all the acronyms that they use. Such physician made irony of my pain and condition laughing and insinuating that the pain medicine I am taking were maybe for my stomach (I had an appointment for my stomach in the very same day). Statiscally it very common for people who had the injuiry, surgeries, and implants (hardware) that I had to be plagued with chronic and pain and difficulties of mobility. I have plenty of medical documentation, evidence, and information that attest and demonstrate such fact. Moreoever everything that the aforementioned physician stated was in discrepancy, disagreement, and discordancy with everything that all the other phsyicians that I have ever met (Army physicians, other VA physicians, private physicians) stated, comment and informed me. It was by all means an abhorrent and obinoxious situation. "You know you can visit the customer service section in the patient advocates office and get a new ortho doc right????" Yes, I can. As a matter of fact whenever I have an appointment there ( maybe once every 8 months) I see a complete different physician (sometimes they have different oppinious and approach for my issues, but mostly they are respectfull, decent, and polite) I will also file a complain with VAMC's directors office. But I believe that in order to have the entries that such physician made into my medical records I will need to have a court order (it is seems that according to VA own regulation it is not allowed). It really is a matter of principles, such individiaul who attacked me in such a detrimental and degrading way should never have any business in my medical records. Thanks! tk
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