Kirk

Thanks to all who answered, Broncovet, thanks for that link, very useful info there. Kirk

I am 100% p&t sc for renal failure requiring dialysis. I just had a kidney transplant last month. In reading the CFR it says that a kidney transplant qualifies for 100% for one year post transplant and then it is rated as renal insufficiency not less than 30%. Under renal failure requiring regular dialysis it lists it as 100% p&t. Having been on dialysis for 9 years and 100% p&t for 8 years will I be reduced one year from my transplant? I'm really unclear on this. Any help would be appreciated Thanks, Kirk

Perhap I was lucky with my case, but I had a VA doc write "probably" and a civilain doc say "presumably" and both were weighed evenly by The BVA. On the other hand I was denied at the VARO first.

Terry, I have noticed that you often refer to surrendering yourslf to a federal jury in progress as a way to find recourse from a burdensome VA. When I Googled this term I found nothing that would indicate that this would give a citezen any special rights, privledges or recouse from greivious wrongs commited by government agents. Could you point to where you have seen this a way to solve problems with Gov? I'm not mocking you or knocking this I just want to see where it has been done or even a reference to it having been attempted successfully and what the person gained from it. Thanks Kirk

BigJim, Get a copy of the c&p exam report. Call the hospital where it was performed and tell them to send it to you when it becomes available (usually wont be available for a few weeks after exam) Read it over to make sure Doctor didn't screw ya over. If his report matches with what you heard him say yhen you could be winning soon. Don't know what percent you are looking for but should get the connection and money soon but don't hold your breath waiting for it. They like to take their time and hold on to the money. Kirk

When I submitted my claim, the letter I had from my kidney doctor said that my kidney failure was "presumably" caused by my hepatitis. My VA doc (who recomended filing a claim) had noted in my record that the same was "probably" caused by... No where did the "likely" or "more likely than not" show up in my doctors notes. The C&P doc of course wrote "not likely" as his opinion. In my ignorance I failed to get the "required" Dr's statements and still managed to win. I no longer believe that the wording has to be to an exact script. There are many ways to say something. I know it is probably safer to get the "safe" words but if your Doctor doesnt use the exact words dont write off his statement. Kirk

Wally Congrats, You have helped and encouraged many others on this site in their quest for Victoy, Now its your turn turn to take a break gather your thoughts and enjoy this hard fought victory. I hope you stay around here on hadit or at least check in every once in a while. Thanks for your service both to America and the Veterans on this site. Kirk

Have not been online much but I have been riding the tar out of my '06 Softail Standard. $16,000 out the door, Yeah LarryJ I remember when I couldn't afford a Harley too. Just checking the site when I see I've had a ton of responses. Good Luck everyone and I still be lurking around here for years to come. Kirk

Liz, I'm so sorry to here of your loss. Along with getting military funeral if you desire there is also the patriot guard riders www.patriotguard.org which is a group of motorcyclyst and others who attend funerals for any and all veterans whose family request them. They will escort the hearse with flags flying and/or stand quietly by the grave site or outside the service. Contact them fi you so desire and they will help to honor your husband anyway they can. Kirk

I drive a fairly fuel efficient car at 32-36 mpg depending on speed ect. My drive for dialysis is 67 miles. At my current fuel cost I lose about $5 each trip until the fifth trip of the month. This money doesnt even begin to cover the cost of maintainence, depreciation or wear and tear that this extra travel costs. But still I should get around to filing now that I'm at 100%. I'm not really certain that they will even pay since the dialysis is done at a non-VA facility and paid for by medicare. Not really sure I want to open the can of worms of getting VA to pay for dialysis as they may manage to screw it up and cause me not to get service long enough to die (about a week), or decide they want me to drive to their unit 250 miles away. Can anyone else picture them stopping my treatment until they have done test to determine if I need diaylsis or not and then sending my widow authority to start it a year or two after I've died? I really live in fear of having the VA screw me over and killing me somehow. It actually causes me stress even thinking about filing for milage.

Hello all you wise folks here on hadit, I have not posted in awhile since I recieved my back pay in june at 100% for the last three and a half years. Too much fun to be had. I have a freind who was discharged about a year ago from the Army for PTSD. He just recently recieved his decission and they rated him at 50% with a GAF of 52. I know very little about PTSD claims but I figure If this is their first offer there is probably more he should be getting. They denied his claims on knee problems from where shrapnel was removed. They also denied his rotator cuff problems in both shoulders from the same IED Calling them dislocated shoulders which have healed. I have only known him since he got out. But, from talking with him and his girlfriend (a co-worker) and seeing how he acts I have become aware of the following, He drinks nightly until he passes out His claim is that it keeps him from dreaming, He has mentioned that He offten has suicidal thoughts but believed he doesnt have any particular plans to carry them out, His girlfreind claims he punches kicks and occasionally yells out while sleeping. The bar I work part time in has kicked him out permanently for his agressive and sometimes violent behavior. What should I recomend that he do? He does a have service organisation but I have no idea which one it is. I know if he will file a NOD I and his girlfreind can write statements. I also intend to recomend IMO's on his knee and shoulders plus one with a GAF from a qualified Pych. What else should he do? It took me several months of talking to him to get him to open up enough to even tell me about his claim and what was going on, particularly the PTSD stuff. I doubt he opened up to the VA shrink and even gave hint as to how he was really doing. Please help Kirk

OK, I never post here anymore since I finally got my 100% scedular. I have recently met a freind Who return from Iraq a few months ago. In talking with him I (a layman) could tell he had some PTSD amonst some other disabilities. He is very reluctant to disscuss particulars. Afew weeks ago he tald me he got a backpay check from VA with no award letter. I ran into him recently and had the letter. He let me read it. His award was 50% PTSD with a 56 GAF. He had a bunch or denials on physical claims. I think in the physical he told them of the pain he had but not how it effected his ability to do stuff. All were denied because pain is a symptom not a disability. He has bad ankles which roll and give out, a knee which causes pain after schrapnel was removed, a bad lower back both shoulders with ac somthing or other, tintinitus and eats tums like they were his favorite candy. I think they probably screwed him with a lowball on the PTSD and really put the screws to him on his other claims.I suggested he check out this website and gave him a phone number for my service officer as his never returns calls ect. I've noticed he doesnt seem to be able to follow through on things very well and tends to drink himself to sleep nightly. I'd really like to help this kid But don't know how to get any further. Do you guys have any advise I might offer or comments on him getteing a better award? Thanks Kirk

John999, is it possible you are a deserter and dont know it? LMAO Kirk

Hey all, Called the 1-800 number this morning. Got through first try, no waiting. Was told I have a check coming in the mail for almost $70,000 The guy couldn't access the screen to tell me when it was approved, but did tell me my dependents hadn't been added so should be another lump sum when they get around to it. Called my American Legion SO. Was told my SO had moved to Washington D.C. to work there but would be called back by my new rep. He called Half an hour later said he has my new award letter in my file was signed May 25th granting 100% and with dependent educational benefits. The one thing I'm sure of is that when the check clears the bank, I'm off to the Harley dealership to negotiate for a new bike. My wife has other plans I'm sure but I will get my Harley. Phewwww!!!!!!!!!! Sigh!!!!!!!! Kirk

Terry, Congrats on your award. Must be someone at VARO Detroit got laid as I just found out my claim was approved on the 25th of may. Two 100% claims awarded in the same month from Detroit? Must be something funny going on. Kirk

Carlie, I really believe that at least half of showing up for your BVA hearing is putting a face and voice to your file. I'm not positive it is so with the traveling board but, with D.C. BVA hearings, the person who presides over your hearing is the one who makes the decision on the claim. I think it certainly weighs in their mind that you believe your claim enough to show up and represent it instead of just allowing your file to be the only record they have to go on. Good Luck Kirk

Terry, Whats stopping you? Hell, call the media and admit you have the documents. Get your claim settled and when they ask you for the data tell em you lied and you learned how to lie from the VA. Kirk

I've been waiting impatiently for three months for two signatures needed due to high amount of retro. Just called today and was told only one signature was needed now so the first bum must have come back from his cofee break long enough to sign it. Now if the other guy needing to sign is not a lazy fat bastard maybe I'll see a letter some day. I'm thinking about not holding my breath anymore since this is four months since the low-ball 30% rating on a slam dunk 100% disability, which came four months after a BVA remand. It only took three years to go from filing initial claim to the BVA remand. Gosh its all happening so fast (not). Kirk

OK VA math 101 (as I understand it). We start with your highest rating which is 20% That makes you 80% abiled. Now we take take your next highest award (also 20%) 20% of 80% is 16%, leaving you 64% abiled (36% disabled). Then we take your next award of 10%, 10% of 64 is 6.4 giving you a 42.4 disability or leaving a 57.6 ability your last award of ten percent is ten percent of 57.6 which is 51.84 which is rounded down to 50% Which is what your disability should be rated at (if I did that right) Looks to me like they didnt do the math right so file a NOD but also contact the VARO or your service officer and ask them to review just the math. You might get a genius who will figure it out or perhaps one of the smarter folks on here will have a different explanation showing how I'm wrong. Its possible I'm wrong as I read the link on the Hadit.com home page a long time ago and cant get it to open now. Look down in the list at "VA math" and check it out yourself. Kirk

I dont understand. Kirk

I'm casting my ballot for timetowinarace's post Kirk

Happened to get my lowball state letter yesterday and was already planning on calling 1800 number. I called and instead of Detroit VARO I got the Columbia S.C. Varo. The other Varos are handling the overflow of phone calls and the Representitive in S.C. said they expect to be handling the extra volume of calls for the next several months. She was able to access the computer screen and give me some very good news. It seems the day before yesterday the final authorization on my Nod was approved granting me 100% over the lowball 30% they tried to grant me. Just my humble opinion here but I think that there is a chance that teh reason the lowball states have the lower numbers may be that vets with more serious disibilities may be likely to move to the states with more moderate weather. They also may tend to retire at or near a large military facility to have access to hospitals and other benefits. Another possibility is that most of the lowball states have traditionally had better employment opportunities and therefore Vets who are working may just not feel the need to file claims or pursue the higher ratings. Although I will admit that certain VARO's may have a bias which cause them to hand out lower ratings. Kirk

I suspect that if you saw the form letter they use to write denials and grants of claims the of rule out would look more like of/rule out and the employee typing is susposed to be smart enough to use "of" or "rule out" and in your case just copied the sentence as written.

I Drive 150 miles round trip three times a week to dialysis at a non-VA facility. Now that my kidney failure is SC, am I eligible for reimbursement of travel pay? The nearest Dialysis center that is VA is almost 200 miles one way. Also how do I go about recouping travel pay for VA appointments related to my SC condition(s) for travel taken after filing claim? Thanks Kirk

Leroy, I don't know if this is what you are looking for but its the C&P exam for hepatitis. http://www.vba.va.gov/bln/21/Benefits/exams/disexm35.htm Kirk