Bonzai

No, I don't even live in the same state anymore, and had to get my c-file transferred from Sioux Falls, SD to Nashville, TN. The hospital medical records department told me they had record of the request that they received from Social Security, and the records were sent. I had also informed the RO that I have filed for Social Security Disability, and they could get records from them; which has not been done, evidence by their letter telling me I was responsible for their receiving the records. I don't have the money to pay for medical records to be sent to the VARO. So I guess the VA Duty to Assist law doesn't apply until they deny the NOD, and then I use it for grounds for a remand. This is going to take a long time. *sigh*

I am grateful to hadit.com and the support I have received! I have never told by any member that there was anything I HAD to do, nor do I really recall seeing any post where someone asking a question or for guidance was told that they HAD to do something. As was posted earlier, hadit.com is a "veteran based site to guide veterans" providing information and support in dealing with the VA. I understand some of the members frustrations with trying to help someone other than the veteran needing assistance, because there is a longer time lag when asking for clarification or 3rd party misinformation (ever play telephone?). However, there are many veterans needing help, who are unable to access hadit.com. Even for veterans that are able to access hadit.com, it can be overwhelming in the beginning. I spent many days wondering around the hadit, trying to figure out what went where, and I have two Bachelor of Science degrees in the Information Technology field. I like this thread, because there were many points brought up I had not considered before. Disclaimer: This is my personal opinion. It does not reflect the beliefs of anyone at hadit.com, and is not to be used in a court of law..

I had a colonoscopy in 2004 and will have another one on the 15th. Both times, I have been given GoLytely to drink and Dulcolax tablets. GoLytely is made with polyethylene glycol (pol-ee-ETH-i-leen GLYE-col) (PEG) and electrolytes. Dulcolax (Carter's Little Pills) is made with bisacodyl. Fleet-Phosphosoda is made with sodium phosphate. Visicol tablets and Fleet-Phosphosoda and other over-the-counter versions contain the same active ingredients. In the November 2005 issue of the Journal of the American Society of Nephrology, results of a study concerning liver damage and the presence of phosphate was published. The study found that, in rare cases, bowel-cleansing preparations that patients drink before a procedure can severely damage the kidneys. The website for C. B. Fleet of Lynchburg, Va., the manufacturer of Fleet-Phosphosoda, has newer guidelines for its use, on its website. If anyone has used a Fleet Enema and suffered side effects, , or knows someone who has, there are lots of attorneys out there looking for clients. A Google search with the keywords "Fleet kidney damage attorney" gets 22,500 pages. Normally, I would say I hope this helps, but what I really hope is that no one on the board is affected by this.

Just got a letter from Nashville RO about my NOD(in which I sent them the filled-out Requests for Information and TDIU that they had sent me). They stated that I am responsible for getting the treatment and work records that they have requested from a non-VA hospital and my former employer. So I called both of them, and found out that neither one has received a request from the RO. I called the Nashville RO, and after figuring out how to talk to a real person (I just kept holding until the recording gave up repeating itself), I explained the situation to her. The lady was very friendly, but not too helpful. She asked me that since I had done most of the ground work already, could I have them fax the requesting records to the RO Appeals Management? The lady explained that she could not bring up copies of the letters that were supposedly sent by the Appeal Management office, which were supposed to be scanned in. So she did not know if the letters were actually sent yet, but she did find a copy of the letter that was sent to me. She said that Appeals Management is its own office, and gave me their direct fax number to have the records sent to. I am confused. Isn't the VA supposed to assist by law in obtaining medical and work records? From the Veterans Disability Lawyer Site: While my non-VA treatment records are private, my work records are Federal Government. However, there is no record of the Nashville RO Appeals Management even attempting to obtain the records. I am very annoyed! ;)

If you're having problems related to your time in the service, then you're in the right place. It took me many years to seek assistance, during which time, I lived a life full of chaos. I have found the members here to be very knowledgeable, and have given helpful advice I was seeking. When talking about what is going on, some people are more comfortable sharing in groups, while others like one-on-one better. I have more than my fair share of paranoia, and it takes me a long time to trust someone. This has hurt me more than I like to admit, because if I don't trust someone, then I am not going to let them know what is going on with me. So my advice, for what it's worth, is to find someone or someplace, where you are comfortable talking about what is going on with you. You don't have to start out with full disclosure, but even talking about little things will help. I hope my answers helps a little B)

I have spent considerable time reviewing my c-file and have found (like many here have said) multiple things of interest. One would be a CUE, as there is record of a psychiatry visit that was stated to be non-existent in my first denial; however, since subsequent appeal was granted, I believe this is a mute point. I have found documentation the VA sent to me that I never received. I had moved and filed a new address with the VA, but the VARO had my old address on the paperwork they sent to me months later. Funny how their letter of increase reached me just fine, but at a lesser rating than I should have received. The result of this has been that I felt I had to hire a lawyer to assist me. I have more questions now. I have filed a NOD and my lawyer recommended that I go the BVA route, which I did so. But I have read that if I file for anything else, my c-file will go back to the beginning. I will explain why I wish to file for more below. I don't remember it, but I have found a blood pressure prescription to have my blood pressure 2 x day for 5 days. On three of those days, I have a dystolic reading of 90mm or more. I rarely went to the medical clinic while I was in, but I found six other SMRs where my dystolic pressure was at least 90mm. This meets the VA criteria for hypertension by having recorded dystolic pressures of 90mm or greater on three separate days. I have been treated for hypertension for the past 6-7 years or longer, so I would like to apply for service-connected. Last Tuesday, I had a sleep study, the technician came in at 2:30 and put me on a CPAP. The next morning she told me I have moderate obstructive sleep apnea (OSA), and I will be called in for a follow-up appointment for a CPAP machine. I have a service-connected Bipolar condition and take medications for it, both of which have weight gain as a side effect. I have read where the VA will say being overweight as the cause of OSA, and deny the claim. But if weight gain is a side effect of the service-connected condition/medications, then I feel that I have developed OSA as secondary to Bipolar. I know that they have awarded OSA as secondary to PTSD. I have hired the lawyer to help me with my NOD for Bipolar at 50% and TDIU. When reviewing my c-file, in his office, I mentioned there was documentation of hypertension while I was active duty. He told me to go ahead and file for it on my own. Since then, I have had the sleep study showing OSA, so I will file for that on my own. So if I file for service connection for OSA (at least 50% if granted) and HTN, then I will be around 80-90% scheduler, and able to file for TDIU without the increase for Bipolar. Since the lawyer has told me to file on my own for items other than Bipolar, I figure I wouldn't owe him any backpay other than the difference between the 50% award date and any increase resulting from the NOD. Which is already a very large amount. I realize that this is a little confusing, but I have tried to be a clear as I could. To sum up briefly: 1. Will filing other claims zap my BVA request? 2. Am I reading the requirements for meeting service-connected HTN correctly? 3. I realize that getting service-connected OSA is difficult, but is it easier getting it as secondary to SC primary? 4. Not a question, but any suggestions would be greatly appreciated! B)

Thank you for the responses to my question. Berta, I admit I had to look up what VCAA (Veterans Claims Assistance Act)was and I have never seen one. So it goes to follow, I never received anything from the Dingess-Hartman decision that the "VA must tell the veteran how they will rate the disability per the Schedule of Ratings and also how they will determine the earliest effective date if the claim succeeds" or the Kent decision, "another important case decided by the CAVC in 2006 added the additional element that prior denied and then re-opened claims, under the VCAA, must have a clear statement to inform the veteran or widow of the “unique character of evidence” that is needed for their specific claim". They stated in my letter of increase that I was only awarded 50%, because I did not return to them the Medical Release of Information and TDIU that they CLAIM was sent to me. They cannot claim that they did not know of my address and phone number, since I had no problems receiving notice and phone calls for the C&P that they had scheduled. This brings up an interesting question - What does someone do to correct problems with the c-file? As far as I can tell, there is the possibility of missing medical records, missing reports, having someone else's records mixed in with yours, information blacked out, etc... Hopefully, I will not find out that I am dead. B)

Thanks JB, I guess I should clarify the review. My lawyer had me sign a request to get a copy of my c-file sent to his office. He said that I am allowed one free copy from the VA. He received it a week and a half ago, and his secretary is supposed to have scanned it. Tomorrow, we are going to review it, and then I get the hardcopy and a CR-ROM of the documents scanned. So I will have some time to review in-depth on my own, but I was wondering if there were areas to concentrate on right off the bat. I realize we all have different claims, but I am looking for general guidance. An example is a post I read, where someone pointed out that the transcripts of hearings are typed up in a manner making the veteran seem uneducated. Louis

Tomorrow I have an appointment with my lawyer to review my c-file, which was sent to him by the VA. I have been searching for a thread that details what I should be looking for. I have never seen it, so I don't know if anything is missing. I know I should look at the comments for my prior S/C decisions. I have filed a NOD on an increase because I am qualified for a larger increase than the one awarded, according to their guidelines. As a part of the letter of increase sent to me, they claim that I never sent back paperwork requested; which I have to agree with, since I never received the paperwork to send back. Is this just me, or does that happen often?

I can only speak for myself, and I appreciate all views that I read on the board. But I do have to admit that felt panic and was sitting here thinking "Why would they cut my S/C benefits, I haven't lied about anything?" - Paranoia will destroy ya! Then I read the second post that had some details, and breathed a sigh of relief *whew* - not even close to me. But just because you're not paranoid... It is so sad that veterans have to fight tooth and nail to get benefits supposedly guaranteed by law, and then have a lifelong fight to keep the benefits once they have been awarded them. That being said, I think this is a good thread because it may prevent someone reading it from making a stupid mistake. However, any S/C veteran with a non-healthy case of paranoia will not like the first post at all! I didn't.

John, I think you can be both, but the down side is that when you cross a yamika and a headdress - you end up with a really ugly hat.

It is the Cornflicker trojan/viurs/worm, overall nasty tidbit of code. ;) Wouldn't cornlicker be some type of a grub? Unless you boiled the corn, added lots of butter, and then it would be me. :) As of yet, I am unable to edit any of my posts, sorry for the conflicker typo. :( So Sioux me... wait, I am already Sioux, too late. :P I am wondering if we are going to see another LoveBug fiasco or Millenium let-down. We shall see tomorrow. As far as trusting Microsoft's patches (yes, I said patches, not updates), too many times I have seen them release one to cover a security flaw, and then multiple exploits follow attacking a new flaw created by their patch. Very scary... :)

Oh, yeah, just one other thing... Columbo Turning off the computer and waiting until April 1st passes will not do anything to prevent it from activating once, the computer is turned on any date after that. You could try to trick it, and change your system date/time, but it may get the trigger from the Internet once you connect anyways. It is best to find out if your system is infected, get the files deleted, and update your patches TODAY! (Not yelling, just emphasis).

I believe that you mean "Conflicker C", the newest version of a particulary nasty trojan/virus that is being adapted as the war against it rages. Microsoft has an free online virus scanner, click Here to perform the scan on Windows 2000, XP and Vista machines. It has been rumored that some machines may crash while running it, but I don't know anyone who has. Any computer running Windows 5.0+ is susceptible, so running the scan would be a good idea. Those of you using MACs are once again safe, but then again, MAC attacks are not just for McDonalds anymore. Hope this helps! ;)

I can not speak for many ROs, only two Sioux Falls, and Nashville; of which, I am recently dealing with Nashville, but they seem to be timely in their responses so far. I was OK with the service I recieved from Sioux Falls, until my last decision, but I had moved out of the VARO's area by then. In the case of veterans being left behind, I know in my case, I exhausted every posibility I could before going to the VA. This was due to the horror stories I had read about, and I didn't want to be a guinea pig. I have talked with many other veterans, and found that they too were hesitant to use the VA system. I could very easily have been a veteran who slipped through the cracks, and know other veterans who will have nothing to do at all with the VA. I agree that there is a VA maze to negotiate, but if you do not fit in one of the top patient categories, then treatment is suspect. There are many studies comparing civilian and veteran populations for homelessness and suicide rates, and there are varied results. I could open a whole can of worms by the mention of one veteran researcher, who says that Vietnam veterans actually have less problems than their civilian counterparts. He bases his conclusions on selected studies too. Statistics are a wonderful thing, when taken in the whole, but very seldom are they taken in the whole. I joined the Army because my Uncles were all in the Army. My grandfather was in the Army, but my great-grandfather was a young boy at Little Big Horn, when my family fought against the Army. I also didn't join for the benefits. In my family, it is expected. That being said, while I was in, there were a few individuals that I wanted to recommend for Change-in-MOS to in-flight missile repair. :)

Admin, here, has to contact the Technical Support of the Hosting Site with the problem, and also copy the link I have provided where someone has figured out the fix. Then the Technical Support person has to contact the person who knows the fix, which may entail them joining that board or not, just to get the information to pass back here for Admin to fix. Or they may just fix it themselves. Right now, it is beyond the control of mere mortals, and in the hands of those that be. So now, we just pray... and wait... Hey, I've seen that posted somewhere else on this board!

Woooo Hoooo! It is a board error, not your computers! Had me worried for awhile... Since I am not an Admin, now it is Tbird's problem! I am posting a link below that has someone who had the same problem with a board, and the Admin fixed it! I have no idea of what they did, but it is not computer related! Click Here. This needs to be moved to the Board's Technical Forum. Louis Simple Fly, thanks for the extra info, it is what I needed.

I was not trying to be a smartass. The last question was a joke, that obviously fell flat. Since two of you are having the same problem, I was wondering if you were using the same OS, Internet browser and media player/software to display images. Then if there was a match, we could ask if someone else had the same thing, and was not having a similar problem, and then find out what is causing the problem. At least it would have been a place to start looking. With the limited information given, I had nothing to go on. Kind of like a mechanic getting a phone call by someone telling him that their car doesn't start and being asked "Why?". Simple Fly - You did not post that everything has been working just fine until just recently, so I did not know. Josephine - You may be suffering from an 'undocumented enhancement' in the lastest Vista update. I have done some research on this and a simple fix may be that you have to install yourself as the administrator. Click on start windows button (lower left corner of screen with the MS Logo) Click on programs Click on accessories Right-Click on command prompt and select run as Adminstrator Click on continue Type in without the quotes " net user administrator /active:yes " Press Enter Restart computer Please let me know if this helps. Louis A co-worker of mine once said that fixing computer problems is a lot like being a doctor. We learn the symptoms, and do our best to fix the patient, sometime it takes trial and error. But then again, with two Information Technology degrees, writing my first program in 1976, building my first computer in 1980, and 23 years of working in the field, I don't know anything...

In the letter they sent to me 10/26/06, they also sent a copy of the 12-686 I had submitted dated 10/20/06 and a copy of my 2000 marraige certificate. As far as providing documentation, in the letter they sent me, it specifically states: Robin was my first wife, and the VA was never given a copy of my marraige certificate to her. Since I have missed their deadline for submitting the documents with in 60 days of the date on the letter (Oct 26, 2006). I am extremely doubtful that I will get any backpay I am entitled to, but I am planning on re-submitting not only the 21-686, but a 21-4138 Statement in Support of Claim explaining the problems I encountered in obtaining the requested documentation. Louis

I was previously married and got divorced in 1990. I remarried in 2000. I filled out the form for dependents they sent me, when I recieved the 30% SC award in 2006. I don't know what exact form it was. All I have is the letter that they sent back to me (in which they stated that attempts to reach me by phone were unsuccessful - very strange, because I had a cell phone). The letter states that I had 60 days to respond with the requested documentation. Since my wife and I did not have certified copied of our divorce certificates, and I had no idea of how to get mine, I just gave up and filed the letter. Since the VA has a copy of my current marraige certificate, I have told them I was previously married, there is no copy of divorce for my first marraige, then there must be an entry somewhere in my c-file that I am a bigamist. I am still waiting for the authorities to arrive, but since this is in my VA records, I may be waiting a long, long, long time... In reviewing the letter I recieved, it states that I had 60 days to respond. I believe that they will use this against me once I finally get all the documentation requested, even though my life was falling apart all around me due to my SC condition. So I am extremely doubtful of recieving backpay for any of the dependent compensation. I had asked the Veterans Service Organization about what I should do, and they told me that they couldn't help me. I needed to get the documentation on my own, and send it in. Until I recently recieved guidance on how to get it, I was at a loss at how to do so. Louisi

Simple Fly and Josephine, Well, we should start with the basics: What Operating System are you using? Windows 95, 98, 98 SE, ME Windows 2000, XP, Vista Mac OS Linux Unix What Browser and version are you using? Internet Explorer version 5.0+, 6.0+, 7.0+ Mozilla Firefox version 2.0+, 3.0+ Netscape Navigator version 5.0+, 6.0+, 7.0+ Opera version 5.0+, 6.0+, 7.0+, 8.0+ What is your default media player? Windows Media Player RealPlayer QuickTime Zune Does your chewing gum stick to your bedpost overnight? Yes No That's what I use dentures for. Hopefully, there will be some correlation that can be used to start with here (other than using dentures as a chewing gum stand).

Last month, I filed a NOD with a NOVA lawyer. During my meeting with him, my lawyer asked me why I was not recieving additional compensation for having a spouse. So I dug out the letter they sent me in October 2006, denying me additional compensation because I did not enclose official stamped copies of my wife's and my divorce certificates from previous marriages. I have had no contact with my ex-wife since 1990, and I did not have any idea of how I could get a copy of the divorce certificate - I gave up. My ex-wife had sent me a copy of the divorce, but it got lost sometime, somewhere... I didn't even know where my divorce had taken place, as we had separated and I moved to a different state. My lawyer told me the VA had a 'Duty to Assist' me, but the local VSO has refuted that, saying it only applies to Federal records and medical records. Since we are in dire straights now, I researched on the Internet and 'believe' I found the right State to send my request for a copy of my divorce. I have mailed my request and money order, and hope to recieve the copy any day now. But I have questions: Will sending in a VA Form 21-4138 Statement in Support of Claim, to have my wife added as a dependent, make the fine-tuned VA machine grind to a halt on my NOD? Is there any way to get backpay to the date of my 30% SC award, which is when the dependent compensation should have started? There are extenuating circumstances I could bring up, but I am afraid of clouding the issue too much. The VA wants the original stamped copies that I have paid for, and I am very concerned that they will just disappear. Is there any way to ask for the originals to be sent back? Thanks in advance for any advice, help, and suggestions! Louis

Nocturnal Myoclonus, also called Periodic Limb Movement Disorder (PLMD), is a sleep disorder where the patient moves limbs involuntarily during sleep and has symptoms or problems related to the movement. Click Here for a definition from wikipedia.org. Click Here for a pretty good article on PLMD. I didn't have much luck searching for anything pertaining to specifically Nocturnal Myoclonus , PLMD or RLS and CFR 38. I found a lot of references for Sleep Apnea though, but I guess that is because it is a life threatening condition. Sorry I couldn't help more. Louis

If you are running Windows Vista (Nasty piece of business there), then this is a two step process: Step one: Go to Windows Start Logo (lower left corner of screen) and click on it. Click on Run and type msconfig. Click on the Startup tab and uncheck Windows Media Center. Step two to stop the pop-up that will show-up everytime you start windows: Click the Blocked Startup Programs icon located next to the time on the taskbar. Point at Run blocked program. Select System Configuration Utility. Check off Don’t show this message or start System Configuration when Windows starts in the System Configuration window and press OK. Hope this helps :D

I really wish that I had found this site earlier, but I kept finding advice to hire a NOVA lawyer. I did not realize that SS reviews the fees charged by an attorney. I was under the impression that the lawyer recieved 25% of the backpay up to a maximum of $5,300. I have signed the 'letter' to have an attorney (NOVA) as a representative, and now I think I may have messed up big time. :P I know this is for SS, but I have also retained the same lawyer for my NOD with the VA. And I have read that the attorney gets 20% of backpay owed with no maximum limit. :( The backpays are pretty substantial, and I think I am going to end up paying through the nose. My thinking was that getting part of something was better than getting all of nothing. But since both cases are going through at the same time, neither one can be used to substantiate the other. I've got to stop thinking...