tk3000

A FLHTCU is a great and big bike! I have two bikes that I used to get around in town, they have low displacement and thus don't reach high speed. One is a 2-stroke 50cc (2 stroke turbo with minarelli based engine; it is a big one for a scooter); the other one is a 4-stroke 150cc (Honda engine, since it is over 50cc it is classified as a motorcycle) and its max speed is around 65mph. So they are not the type of bikes that one would use in highway. I definitely hate the weather here in MI, it is so cold and the ice conditions on the rode mean I can not ride them for almost half of the year.

Pain is immaterial, and there is no reliable way to measure pain. If you say that you have pain in function of a particular disability (especially if it is known that a proportion people who have such disability have chronic pain) the VA simply have to accept what you say as true. For instance when you have C&P exam and the examiner ask about your pain level in a scale of 0 to 10, they have to accept whatever you say as true and fact. There is no way that in a fraction of second when you were riding a bike (or any other machinery for that matter) and had a flare up (especially considering you have a hip disability and a history of pain already) in function of a bump which eventually makes you lose your control and get involved in an accident that anybody but you could say if it was related to pain or not. And the VA can not make the assumption that you are lying especially you have liability in function of a disability and a history of pain. So on the occasion of your C&P exam, most likely (especially considering the "Benefit of Doubt"), the C&P examiner (not the rater) would write down that "it is as likely as not that the accident was caused by a flare up" and the C&P examiner would then indicate that the broken arm is secondary to the hip disability. The rater would only have to apply whatever disability code is applicable to the arm injury/disability. All the assumptions that I make above are based on the idea the system works (the C&P know your file, know the rules, etc). I agree with you that it really depends on who the rater is as well. I have had that type of experience with my GERD claim where the rater basically ignored almost all my medical records and even ignored (or maybe did not understand the terminology: pyrosis = heartburn, for instace) the C&P examiner findings. So on my NOD I did make sure that I state things as the following: "…as is indicated and stated by Dr. X on page #3 of my medical records as follows: "the patient has intermittent epigastric pressure and pain" it is seems clear that…".

Yea, but suppose that the bump causes a flare up (pain), which then dramatically contributes to the lack of control and the fall.

No, it is not about me, and not about anybody that I know. I got inspired to use the examples of a motorcycle because I ride them and I know that it requires dexterity and responsibility to ride them and because I was reading an article about an officer who got involved in a serious motorcycle accident off base. The officer in her 20s did not have any type of disability known previous to the accident.(the absence was mostly in function of the lack of riding ability or circumstances) The officer then broke both legs, one arm, etc; but now she is doing just fine. She was discharge from the military, and receives a full pension. But the point is that it could have anything, not only a motorcycle. Any type of machinery, even a car. The fact is when you have a disability and impairment many aspects of your life can be much more difficult and risk than what it would be otherwise.

I have seen a VA case of a veteran who lost one arm. The veteran was performing some task that did require both arms, in the veteran's mind he would sometimes act spontaneously at moments (seconds) as if he still had both arms. In that particular case the absence of one arm (the veteran very often at instants would feel and act as if he had both) and the fact that the veteran acted as if he had both arms when performing that particular task (don't remember the task now) the veteran got involved in a serious accident and broke his leg. I believe that the veteran was granted service connected at the BVA level. It also related to my case in a sense because I have a serious balance issues specially when going up and downstairs. And at all my C&P exams for my left leg condition my C&P examiner proactively always asked me if I had balance issue in function of my left leg condition and if such balance issue could cause another accident (feeling of pending disaster, etc).

I have seen a legal case (not VA related) of an employee who had a disability which caused him an accident, sued the company for which he worked. And ended up wining hundreds of thousands of dollars. I believe that in law it is called the "benefit of doubt", one could say that it is as likely that the accident was caused by the "hip disability" as it could be in function of "riding ability" for instance and that the judge would then decide in favor of the litigant.

Right, it's hypothetical! But I know about an analogous case, also involving a motorcycle accident (not in function of a hip disability, and not a VA case). If someone falls from the stairwell in function of bad balance related to a leg disability and break his/her neck for instance; wouldn't the VA have to(assuming that the VA does the right thing which is rare) consider the broken neck secondary to the leg disability. At first I would imagine that the stairwell case and the motorcycle case were analogous. But I understand the point that riding a motorcycle with such a hip disability could be consider irresponsible.

Consider a sc veteran that has chronic pain in his hips. The veteran is riding his motorcycle, there is a bump and the motorcycle has small loss of stability for a second and concomitantly the bump causes the veteran a very sharp pain in his hip which then makes the veteran to complete loose control and to fall from his motorcycle and ended up involved in a serious accident: and the veteran has a serious fracture in his arm (needing surgery, etc). How hard is for the veteran to prove that the accident and its consequences (injury) is related to his hip disability (pain)?. And how hard is it for the VA to prove that it is not related to his hip disability? tk

I believe that you can reapply if for some reason you dropped from the program (chapter 31). But if you used up all the months of entitlements that you are entitled for by the "chapter 31" (48 months), most likely it not make much sense to reapply since there would be no entitlements remaining. But I am not sure, there may be exceptions, etc.

Thanks! There were no way, back then (about 4 years ago), for me to know about such commonality of sources by chance alone, especially considering that they are absolutely unrelated. So it stands for a reason that the VA should clearly ask for my permission and authorization to take benefits out of my "GI Bill". But after further research I found out the "Chapter 31" and "GI Bill" combined provide 48 months of benefits. So right now I am enrolled in the "Chap. 31", I have used 38 months already of the "Chapter 31" thusI still have 10 months remaining. I could, for instance drop from the "Chapter 31" and change from the old to new "GI Bill" (Chapter 33) in August but I would only have 10 months of new "GI Bill". Anyway I will try to have the full New GI Bill benefits, but I don't have much hope

I understand the idea that they are educational programs. But they are different programs with different motivations and reasons. So if they take from each other in any way it should be clearly stated, especially considering that they are completely unrelated: "Gi Bill" is my thing, I paid for it, I own it; "Chapter 31" is something that the VA provides me because the military is responsible for my disability. I have total controls over my "GI Bill" and the New GI Bill has much better benefits. Above all since the "GI Bill" belongs to me if they were going to take out from it for anything else I should not only be notified but I should also authorized such use (which I would never do). There was not way that I could know by change alone that a completely unrelated thing such as "Chapter 31" would take from my "GI Bill" without even ask for my permission to do so.

<h3 class="EP8xU" style="color: rgb(0, 104, 28);">Recently talking with my vocational case manager (chapter 31) much for my surprise I was told that the benefits from chapter 31 that I was receiving in function of my disability was taking out benefits from my Gi Bill. My understand and any normal person understanding is that "Gi Bill" and "Vocational Rehab" are completely different things with completely different reasons and motivations to begin with: the "GI Bill" is mine and I have absolute control over it, I paid for it; the "Vocational Rehab" is an attempt of the VA to help me obtain a job since I am disabled and service connected (which is considered a handicap as far as job goes). If by any change the VA was going to use my "GI Bill" benefits to pay for its "chapter 31" I should be notified of that when I signed for the "Chapter 31". Not only should I be notified but I should also give my permission and consent so that the VA could use my "GI Bill" to pay for another VA's program that is under VA's control and entirely unrelated to my "GI Bill". I never in any shape, way, or form relinquished my "GI Bill" benefits so that the VA's could pay for its "chapter 31". If I had a choice I would always choose my "GI Bill". The situation in which VA simply took my "GI Bill" without my consent, permission, or authorization is completely and absolute insane. </h3>

Yeah, my GERD claim was secondary to my primary claim (chronic pain in left leg with hardware: rod, pins, screws, etc). I found out that when it is secondary the awarded is added up: for instance, if you are 30% and obtain more 10% secondary to your primary issue your new rating is going to be 40% (sometimes VA applies an equation that would make it less than 40%)

I don't know why you only got 10%, maybe because you are already 100%. Maybe if you were less than 100% you would have more for that disability. Or maybe the VA is just plain wrong giving you such a low percentage. Again I do not understand well how the VA rating system works. One thing that seems clear is that the VA rating system is very dysfunctional and all such disfunctionality is playing against us. How is that possible (in my case) for the rater to miss, ignore, and even clearly contradict things that are clearly stated on my medical records (and even stated by my C&P examiner) in the so called "rating decision" can really drive anybody nuts.

You are very right! It turned out that I did not receive the any explanation for my rating decision (just a paper stating that I was awarded 10%, not a rational of such decision). So I wrote via IRIS inquiring about the absence of such important paper (since I would need it to understand the decision and formulate an appeal). I receive via IRIS the explanation for such a decision. So I felt compelled to write back indicating that such a decision was based on a rational that was a nonsense. But that text (entitled: Sharing My Rating Decision X C&p Exam X My Notes, GERD) that I wrote in response to such a "rational" and which I posted here and which was also sent as a response via IRIS to the person that provides me with the rational of the decision is just the first draft of what I would call "Notice of Disagreement". Once I am done with the so called "Notice of Disagreement" I will sent it together with the medical records via regular mail (registered, with delivery confirmation, signature, etc) to the VA regional office in Detroit. Is that what you would call an appeal? How doe an appeal and its phases work? I had to share it, especially considering that such a decision was base on such a nonsense contradicting and disconnected from any material evidence that was provided to the VA and even stated by VA own C&P examiner. Thanks!

Below is my view that I sent to the VA via the VA's IRIS inquire system. Correlating my Rating decision with my C&P examiner and Medical records that I on occasion I sent to VA: ==================================== Dear Mr.: I did not receive the notification letter with the information explaining the reasoning of the decision. I received a letter only stating that I was granted the award of 10%, nothing else as far as explaining the reasoning or rational of such decision. From the explanation that you provided me I would like to point out the main paragraph and a few discrepancies that I noticed: " A 10 percent evaluation is assigned from March 13, 2008. The effective date is the date on which we received your claim for this condition. This disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability that is closely related in function, anatomical location and symptoms. A 10 percent evaluation is assigned if there are two or more of the following symptoms: epigastric distress, dysphagia, pyrosis, regurgitation, or substernal or arm or shoulder pain. In your case you report experiencing symptoms of heartburn and abdominal pain. You also said that sometimes the pain makes it difficult to eat or to breathe, however, the records do not show that this has resulted in significant impairment of health. Based on the totality of the evidence, even though you do not meet the minimum criteria for the 10 percent evaluation, we are assigning the 10 percent evaluation because of your complaints of significant pain. " There are some points that does not make any sense for me. First the C&P examiner states that: "He states that heartburn make it hard for him to breath" and heartburn is another word for pyrosis which is a painful burning sensation in the chest caused by gastroesophageal reflux, saying that the C&P examiner acknowledge the heartburn (other physicians on my medical records that I sent also mention heartburn as their diagnose). And dyphalgia is the same as difficult to eat which was clear reported by my C&P examiner, and even the difficult to breath and fatigue thereof in function of GERD. When my examiner pointed out that "The veteran states that he does not have reflux" it was understood between us that my examiner was referring to reflux as "throwing away" food, and not "acid reflux". Also the epigastric distress was stated and verified by my C&P examiner as follows: "There is tenderness to palpitation in the epigastria and bilateral upper quadrant areas." Not only my C&P stated it, but also in the medical records (that was sent) Dr. David J Majestic stated the following: " 29 y/o male with no sig pat medical history presents with 2 days of chest pain with deep breathing as well as epigastria pain. He has a burning pain in his abdomen that is worsened with inhalation; causes sharp pains to radiate diffuse through chest." So all in all, I can not make sense of the following statement from the rater: "Based on the totality of the evidence, even though you do not meet the minimum criteria for the 10 percent evaluation, we are assigning the 10 percent evaluation because of your complaints of significant pain." since three of main symptoms were mentioned and stated by different doctors. And if heartburn/pyrosis, epigastria pain, dysphalgia, chest pain, and even difficult to breath are not serious enough and do not constitute and consist in a high level of impairment I (and almost everybody else) would not know what a high level of impairment is all about. If the VA has any doubt about such conditions is the VA's duty to provide lab tests.

Mag and LarryJ thanks for the responses It is really odd. I can not make sense of such restrictions. It can not be a technical reason, it has to be a political or policy issue. Maybe it is all about control. Another questions occurs to me: I was told that any claim that I intend to file should always go through my VA service representative/office. My VA service representative is a very nice person helped me to file my claims to some extent, but it seems to me that at the same time that he is trying to help me he is also trying to defend VA's interests, he never suggested that I should file another claim for example. The DAV person with who I talked to was much more proactive and instantly tried to point out several claims that I could file.

I was wondering if the so called VOAPP is a more effective way to file a new claim or to appeal a claim (especially considering that the VA is notorious for losing or even shredding important paperwork). It is instantaneous since it uses electronic means to record, store, and relay the claim's information, and it seems to be safe since it uses electronic authentication and encryption. " The VONAPP (Veterans On Line Applications) website is an official U.S. Department of Veterans Affairs (VA) website, that enables veterans to apply for benefits using the Internet. U.S. military veterans and some service members within six months of separation or retirement can apply for compensation, pension, and vocational rehabilitation benefits. " Whenever we file a claim among the papers that we receive to fill out is the "statement of the claim". In my very first claim I did not fill out such form or any equivalent. How important would be such document as far as the claim is concerned. thanks for any help, tk3000

pologuy, I kind of remember that (I did mark that option when I was building my case for gerd). That will make it for the purpose of gaining more time. Oddly enough the rater did no mention any of the extra docs (medical records, etc) that I sent, and did not give a reason or code for the rating either.

Merry Christmas CommanderBob, mags1023, Pete! Thanks for the insights! I will carefully build up and develop my case. The problem is that apart of be taking meds I usually do not talk to the VA's pshychiatrist about all issues and usually I downplay the situation (I guess I will have to change that). But the fact that I am under meds issued by the VA to control depression and anxiety which should weight quite a bit. When I filed the claim through IRIS I was told among other things that it would be a good idea to have people close to me to write a statement indicating that I am suffering from depression. I remember reading a case on the VAB wherein it was said that even if the veteran have had depression before his pain condition would at least aggravated the depression. Besides depression can be a result of several factors and in my case was never a chronic condition (as it is now).

Hi Folk, I am about to file a claim for depression and anxiety since there is a direct relation of such conditions with my chronic pain and difficulties of mobility, etc. I have been under pain meds (Piroxicam, another med for muscle spams, also gerd, and medication for anxiety and depression prescribed by the VA psychologist for over 3 years). My question is: Everybody has ups and downs in life (death of family member, financial difficulties, personal difficulties, etc) and may have depression and have taken meds at some point in life. Previously to join the military I have had such episodes in life, and took some meds back then for a short time. So my question is: could the VA deny the claim on the basis that one have had episodes of depression before? Considering the fact that more than half of the American population is taking or has taken such meds at any given time in life, for instance, and that such episodes happen to almost everyone. Also considering the strong and directly relation that does exist between chronic pain and difficulties to perform normal task, etc. Could the VA deny such claim based on such nonsense basis arguing that it is somehow a preexisting condition. Any help would be greatly appreciated, tk3000

Recently I tried to open an Informal Claim via IRIS. First I requested more information on how to do it via the same IRIS system. The information that they sent me was somewhat general but certainly useful. The following is the information that I received via IRIS: ================================================================================ === " This is in response to your inquiry dated December 15th 2008 regarding how to file an informal claim. If you wish to submit an informal claim you may either call our toll free phone number listed below or submit an electronic inquiry. You will need to include the specific disability, symptoms associated with it and any treatment you've received. You will also need to be fully verified with the following information: -veteran's claim number or SSN -veteran's full name -veteran's branch of service -month and year of either veteran's entry into service or release from service. We will then forward the information to your local VA Regional Office. Your informal claim will secure your date of claim. The Regional Office will send you correspondence via U.S. mail acknowledging your claim. Development of your claim will begin at that time. The development stage of your claim is where we obtain information and gather evidence to substantiate your claim of disabilities that were incurred or aggravated during your service to our country. It would be in your best interest to submit any and all information to us when asked for and as soon as possible, even though we will try to obtain this information on your behalf. Once your claim leaves the development stage it will then go to the rating board where we review your file and make a decision on service connection and disability percentages. We are unable to give you a timeline when they will review your file as we do not know their caseload. After a rating has been established, your file will go to the authorization department for verification and review. The claims process can be lengthy due to the many processes and the time we must allow for information to be sent to us from you or obtained by us on your behalf from outside sources. Once you have been rated and granted a disability percentage (if that is what happens) you will be paid retroactively from the date of your claim for any benefits you may be entitled to. We appreciate your patience and understanding as we work our way through the claims processing procedures. You will receive notification via US mail once your claim has been finalized. Your notification letter will explain our decision in detail. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. " ================================================================================ But once I sent the request to file an informal claim (describing the claim, etc) they sent me a message acknowledge the receiving of such claim; but apparently they file a claim for me, no an informal one.

Mags1023, the progressive notes as you stated have to carry some weight depending as they are written and on what they say (otherwise it could even be counterproductive). But as WhoopAssSmitty pointed out the IMO should be more effective and more compelling especially if we consider the fact that the raters as whole have no education or knowledge in medicine. Whoop, thanks a lot for your insights. I will always try to obtain IMOs whenever I can Tayo, yeah you are right it is "progress report" or "progress notes", not progressive notes. From now on I always request the "progress report" and other documents from Medical Records and I highlight the main points so that the rater can hopefully see them. TS Snave, thanks for the information; I will attach all the medical reports to my claim as well. I also have a pending Psychological claim that I should open soon (secondary to my chronic leg pain condition which also creates difficulties of mobility, etc). tk3000

Hello Folks, Would the so called "Progressive Notes" from the doctors have the same weight and relevance as an Independent Medical Opinion (IMO), assuming that an IMO is simply a document whereon a doctor states that in his/her opinion is such and such. On another subject, I am trying to file an informal claim for another condition via IRIS (VA web inquire system). I heard that it could even be done via email, since IRIS has more security feature and is an audited and controlled service I figured out that it would be safer and more effective to inform the VA about the informal claim via IRIS. I asked them to confirm the receiving and processing of my informal claim. I am assuming that once I file the real and proper claim if there is any award the awarding date will count from the date the informal claim was received; is that rational correct? Thanks in advance, tk3000

When on the "Reasons for Decision" it states the following: "An evaluation of 30% is granted whenever there is malunion of the tibia and fibula with marked knee or ankle disability". Does not that mean by the statement itself -- considering the semantics, morphology and logic of the language -- that it implies in an implicit and explicit way within the argument of the statement by the form it is purported and defined that "OR" means one or another, or both separelty and independetly (it is not AND but and OR); thus in the case of both being presented each one should receive 30% (Not that I agree with a rating of 30% for the knee condition, but just analysing the statement itself it seems to be the case).