akwidow

doesn't bilateral mean both sides? as in both hands, both wrists, both legs, etc?

Kudos to you and your victory!

Thank you Wings. I find this citation very relevant to my case as well. VCAA was enacted in 2000, correct? What was the rule on assigning a C&P for investigating a claim before that? My late husband filed for and was denied for PTSD in the 80's and the 90's, and granted in 2003 six months before he died. He only received one C&P, in 2003. Akwidow

I failed to mention one other point I have been thinking about...which is how, other than providing new and material evidence, how does a veteran's survivor proceed with a claim denied after the death of the vet? Is finding and pointing out CUE the only other way? Thanks to all, Akwidow

So I read along, and read along, watchng and reading, about those of you who have C&P exams, and about how when you file a claim for disability benefits, the VA makes you an appointment for a C&P to examine you and your symptoms. Has it always been this way? When my late husband filed for PTSD in the 80's, they never scheduled him a C&P and he was denied; and when he filed in the 90's there never was one then either and he was denied. There were however, counseling records at the local vet center that the VA procured, and gave me a copy when I filed for DIC that clearly showed that he was suffering from PTSD. Isn't their not offering him a C&P for PTSD a violation of their own rules? Did I say that right? When he filed for PTSD in 2003, he was in the hospital for cancer, and he had his Psych C&P there at the hospital, was given a gaf of 45 and granted 50% SC. Since there were records of diagnosis of PTSD that the VA procured from the vet center counselors even though he did not have a C&P, those records should have counted as evidence for the Veteran, shouldn't they? I brought to VA attention in my brief in 2007 that they in fact had the counseling records, but I didn't know about the logical assignment of a C&P at each filing. I told them in my brief that they should have granted him SC based on the counseling records and diagnosis they held therein in the earlier applications for PTSD SC. Instead, they of course rubber stamp denied him and he didn't know how to fight, nor did he involve me in the process. Is the fact that I accused them of CUE in so many words in my brief, -will it have any bearing on my claim for DIC? I basically told them that he should have been PTSD rated, and should have had a higher rating many years ago. In fact, the ten year rule has some relevance if they grant earlier connection. Will the fact that I CUE'd them in my brief cause them to pay attention to their errors on earlier rulings? The diagnosis of PTSD existed in the counseling records at the time of denials in earlier years.... I want to add that he also filed for AO in 2003, for which I later (5 years later) found symptoms of DMII and heart issues in his SMR's which you of course know are secondary AO ailments. If I am understanding what I read this is a clear case of 1151 undiagnosed illness. He was denied at the time, and then he died, and it has taken me years to understand the ramifications of what I can do to ressurect the AO claim. It is just killing me that I do not have a copy of his C-file, but I have held off in asking for one after reading the advice of the elders here. In fact, I didn't even know I could have one until I found Hadit. Our DIC case is at AMC after a denial, denial, and remand at CAVC in Sept 2007. Should I ask for the C-file and maybe shake the tree and get an apple to drop on somebody's head? At least then human fingers will touch the file..... B) maybe I can ask my MOPH rep to get me a copy? Is that possible? Thanks so much for all the help here, Akwidow

it's an honor to know you - and I almost wish I lived in texas...but alaska is a hard place to give up.

that is a good example of being proactive! Good job, I wish my children would cover their a**es like that....

I seriously doubt my late husband had any exams for ptsd, or agent orange either when he was denied. He made the AO claim in 2003, during the period he was having cancer treatment....and had floods of medical records at VAMC. No-body did any agent orange exam on him......

way to go! and thanks to your thanks with information I have more arrows for my quiver -

all this readng is paying off - thank you Larry. Now I just should wait for the DIC to hit a decision, right, before I file the 1151 claims? I have also seen in his smr's that he has DMII symptoms for years before he was denied for SC for Agent Orange, and his asthma claim in 2000 was denied the same way. I can document his sc asthma all the way back to the 1970's, even though he did not file for it until 2000. He would be so proud of me for this learning... I wish I had this knowledge when he was alive - what I have learned here since February 2009. I could have helped make his life easier. You guys are a godsend.

and when I copied and pasted it into my VA Research folder, it appeared in a decent 12 or 14 pt font.... on this subject, my late hubby applied for ptsd sc in 1986 and 1994, and got a flat denial even though the symptoms were noted in his smr's....and the va just chucked his case into the denial file. He was granted sc in 2003 just before he died....is this a case where an eed is possible based on 1151 notes in their files that they gave me copies of? I even have a copy of the request form they sent to the local vet rep center asking for counseling records.

Good question, I would like to know what that is myself.....

May I ask for clarification, Pete53? I understand what 'most' means... so you are saying in your experience and observation, that after a "positive for the veteran" rating, or decision, has been made on a claim at AMC, that it goes to the RO for 'I' dotting and 'T' crossing? That means in my case, that my claim will go to Anchorage VARO for completion, as I and my late husband are and were Alaskans, and it is our originating RO? What does AMC generally do in regard to processing on a negative decision for the veteran? Thanks for your time,

how about the AMC? any comments about receiving decisions from this ominous entity on any particular day? I for one would like to receive a decision good or bad from them, on any day.... five years, six months and counting.

As I wait for an approval like you did, I am cheering to see that miracles do happen. Make sure to let us know when the check hits the bank! Hoorah! akwidow

I am so happy to see another feather in your cap! When the money hits your account you should toast with some good champagne! akwidow

I went with my parents to the local VA clinic, and got signed on as safe to talk to about Dad's medical records. It turns out the cataracts were so big the eye doc could not see his retina's; Doc was going to go back to his old records of my dad as he was his doctor in private practice. It turns out the eye doc was and is someone I know and has been doing cataract surgery around here for years. He is an arrogant a**, but a good doctor. If he is in fact contracted by VA to do dad's surgery, then we are good. It was quite an exerience - Dad can hardly see and is going deaf, and Mom IS deaf and can hardly see, and I had to shout at all of them so they cound hear me.... ;) we could have been a ring in the circus if anybody had been in the waiting room to watch....

Dad is a WWII and ArmyNG retiree. He gets all his medical care at VAMC and pays co-pays for his meds, but nothing else is charged to him. He recently failed his vision test at the Motor Vehicle office when he went to renew his license, and after further examination at the VA clinic, he was found to have large cataracts. Does VC normally pay for this kind of surgery on a regular basis? I know they do not pay for glasses. I figured one of you would know the answer! Thanks, Akwidow

I agree with Jim. The letter needs to include "as least likely as not" for the ptsd to be a causal reason for the overeating... and the nexus needs to be connected dot by dot by a psych doctor diagnosing the ptsd. Which sympton of ptsd could cause the overeating? Denial? Avoidance? See what I mean? Hope this helps, Akwidow

My DIC claim is also at AMC after being denied, denied, remanded at CAVC back to AOJ. Don't hold your breath though...it has been five and a half years since it's inception. Been at AMC over a year before it got to a rater desk, where it still rests. I sent back the 30 day letter in April. B)

I have found that an easy way to eliminate a lot of dust in the tower is to take a piece of old fashioned lofty quilt batting, split it in half, and afix it over the air intake vents on my tower. Tape, although unsightly will work; I was able to just barely tuck the top edge of the batting into the gap at the top of the fan cover on the side of my tower. It acts as a filter very well...my tower is on the floor under a table, and my cats are walking around them every day. I also vacuum inside when the tower is off and completely unplugged, using the brush attachment or the crevice tool on the vacuum hose. hope this helps, akwidow

It is amazing how talking to somebody can set the pain and fear free from your mind and body, which leads you to peace within. Then you can sleep.

On the other hand, a new internal hard drive with a SATA coinnection will be much faster than one with an IDE connection.

So in fact, even though you have proved VA responsibility, they are still messing with you...I would be interested to see when you get your back pay...as your wait is not over until the money is in the bank.

I have a good question for this thread - my late husband was sc at 0% for hearing loss....but why bother to even make it sc if they give you 0%? Does it make them feel like they did something to benefit the vet?