[Got The Brown Envelope Today For Iu]

You're right, that was indeed a quick turn-around! I'm happy for you!

[Analysis Of Differences In Disability Compensation In The Department Of Veterans Affairs]

"I'm not sure if I'm taking your comment negatively or not and I will be the 1st to say I can be super sensitive at times. However,I thought this was a site that one could share information. I noticed you are a/the content contributer, did I overstep my boundaries? If so, please accept my apology."

Lenora,

I only meant to point out the obvious.

1) there are discrepancies.

2) Nothing will be done about it.

If you took my post to be critical, that sure wasn't my intention.

Who am I to criticize anyone for contributing to the board? If you've kept up on my posts, than you know I don't have a clue why I posted things sometimes. It's just the way my day went.

I do what I can with what I have to work with. Some days are good, some days are not.

Allan

Allan, I am at peace. Thanks for taking the time to explain from your viewpoint. Have a great day!

Lenora

[Analysis Of Differences In Disability Compensation In The Department Of Veterans Affairs]

Allan,

I'm not sure if I'm taking your comment negatively or not and I will be the 1st to say I can be super sensitive at times. However,I thought this was a site that one could share information. I noticed you are a/the content contributer, did I overstep my boundaries? If so, please accept my apology.

Sincerely,

Lenora

[Analysis Of Differences In Disability Compensation In The Department Of Veterans Affairs]

Hi to All,

One of my hobbies is researching and learning. I found this study about state by state variations of V.A. Compensation rates etc. I just wanted to share it with anyone with similar interest. Hopefully, this is not a repeat of a previously posted study.

OOP's Technical Difficulties.

State_Variance_Study_Volumes_1_2.pdf

[Analysis Of Differences In Disability Compensation In The Department Of Veterans Affairs]

Hi to All,

One of my hobbies is researching and learning. I found this study about state by state variations of V.A. Compensation rates etc. I just wanted to share it with anyone with similar interest. Hopefully, this is not a repeat of a previously posted study.

[From Post Determination, Back To Rating Office]

Kw34 you are funny! So what are you really saying about the Winston Salem VARO?

Sharon and Carlie, I look at it as money in the bank whenever it gets here.I have SSA in place along with state disability comp. I'm just happy I finally took the time and had the guts to file. Sometimes , things seem more difficult than they actually are. I wish I had filed a lot sooner.

A couple days sounds great and three months is still okay. If I had to speculate, I would say I will hear something in three weeks. Are there anymore speculations out there?

[From Post Determination, Back To Rating Office]

Hello everyone,

Today I learned my claim file has gone back to the rating board from Post Determination. Why would this happen and do you think this is to my advantage or disadvantage?

In addition, I learned that my c-file is in Puerto Rico instead of my VARO, which is in Winston Salem, N.C. According to the V.A. Rep. my file was chosen randomly and sent there because of Winston Salem's backlog of claims. I wonder if this is a blessing or not? Interestinggggg!

The last time, I spoke with a V.A. Rep. he said I had just left third base on my way home. I guess, I'm back on 3rd base, nevertheless it won't be as long as it has been (I don't think).

Have a great evening!

[C&p Exam Advice]

From:M21-1MR, Part III, Subpart iv, Chapter 3, Section A

1. General Information on Examination Requests, Continued

d. Description of Terms: General Medical Examination, Specialty Examination, and Specialist Examination (continued) Specialist Examination

A specialist examination is any examination that is conducted by a clinician who specializes in a particular field.

Notes:

• All vision, hearing, dental, and psychiatric examinations must be conducted by a specialist. On rare occasions, it may be necessary to request a specialist examination for other types of disabilities.

• When requesting a mental disorders examination, specify that if possible, the veteran’s treating mental health professional should not perform the examination.

Reference: For more information on specialist examinations, see M21-1MR, Part III, Subpart iv, 3.A.8.

e. When to Send the Claims Folder With an Examination Request Send the claims folders to examining facilities with the examination requests only in circumstances that may require claims folder review by the examiner.

In general, the claims folder should be sent for the examiner’s review in any case involving a

• request for a mental disorders examination

• request for a formal medical opinion, or

• Board of Veterans’ Appeals remand.

References: For more information on

• requests for medical opinions, see M21-1MR, Part III, Subpart iv, 3.A.9, and

• handling examinations in claims for service connection for PTSD, see M21-1MR, Part III, Subpart iv, 4.H.31.

f. Veteran’s Legal Rights A veteran has no legal right to

• be accompanied by counsel during an examination, or

• record an examination.

Continued on next page

[Thyroidectomy Rated At 10% Now I Have Hypothyroidism And Take Sythroid]

A topic near and dear to my heart...

I suffered from hyperthyroidism (an overactive thyroid), and the doctor "nuked" my thyroid with radioactive iodine. So it wasn't removed, but it stopped producing whatever it is the thyroid produces. I now have hypothyroidism, take synthroid, and am in the process of finding the right dosage, which is a tough journey for me for some reason. Symptoms are dry skin, hair loss, puffy eyes, mood swings, constipation, fuzzy thinking/forgetfullness, and the part that bothers me the most -- a rapid, significant weight gain is more common than not. I switched one set of problems (potential "thyroid storm" which is a stroke or other cardiac problems) for another -- it's a case of choose your poison...

So HELL Yes, personally I'd claim it if I was diagnosed with it while active duty, or within one year of discharge. It's been a major interruption of life as I knew it before this happened.

If 38 CFR says you can claim it, and you know you have the evidence to back it up, then go ahead and claim it.

Vaf,

First of all, I wish you success with your claim and secondly thanks for sharing! I looked in my smr and did some research on the medical terms used in my reports and I looked up the symptoms. I am positive for most of the symptoms. I'm confused though because at age 40 I was diagnosed with A.D.D. (inattentive type). I am now wondering if the diagnosis was correct or maybe it was both conditions that made me spacey. At any rate I refused to take medication for either condition. I guess I'll need to spend time thinking about what I should do about this one. In the mean time while looking through my records I found that I was seen on sick call for a sprained ankle (left). I am now having trouble with it . It's been wrapped for 4 weeks and I had to get a steroid shot in it 2 weeks ago. Since my stroke on right side I favor my left leg. Well so much for me, take care of you and hang in there!

[Try A Chiropractor]

I would be careful about hiring a chiropractor and I guess it all depends on what they are hired for. After, my stroke (2 years ago) I learned a chiropractor can cause a stroke.

www.sciencebasedmedicine.org

stroke.about.com

www.attorneysfortheinjured.com

And of course there are sites that say no to this theory or studies.

[Is It Me Or Does Most People Get Burnt Out Helping?]

ROFL

Rolling on floor laughing

Thank you! I would have never guessed it!

[Thyroidectomy Rated At 10% Now I Have Hypothyroidism And Take Sythroid]

Not a reply but comment.

I had a thyroid lobectomy while in service. I believe it was my right thyroid that was removed. I was prescribed synthroid but because I was told by a Dr. that my brain would not know the gland was removed and I didn't have to take medication, if I didn't want to. He also, cautioned , that if I ever took it, I would have to take it for the remainder of my life.Well because of who I was back in the day I didn't take it. To my knowledge, I'm not having a problem with not taking the medication. Please note I'm not advising anyone to not take their medication for this condition. I just find it interesting that I chose not to claim it as a s.c. I guess I didn't mention it because I wasn't having any problems. Should I have?

[Is It Me Or Does Most People Get Burnt Out Helping?]

Flip come on down and float around the pool I just bob around it beats the hell out of looking at my skin rofl I still remember when I went to the VA pool and they said due to the severity of my heart problems I could only use their pool twice a week for 5 minutes WTF it takes longer than that to drive there...so the house we bought has a pool I use it all I want and the VA raters had the nerve to tell me my heart has gotten better and is only 60% disabling now I wonder when all those fixes happened? SSD still doesn't know about my PTSD and the only thing they disabled me for was my 25% ejection fraction and 2 failed bypasses I am glad that rater cured me though because the VA surgeons refused to operate on me I might die on them and ruin their stats I am a medicate until I die but what matter does it make if I fight them it is not going to raise my SMC S any higher a second 60% or a 100% added to my 100% PTSD still adds up to SMC S but they are still idiots.....

Please tell me what he acronym rofl stands for. I've seen it so many times recently and I've tried to figure it out through context but I'm just not getting it. Please forgive my ignorance.

[Claim At Post Review(?)]

Yesterday, I called the 1-800 # and was told by a rep. that my claim was now at Post Review(?) Determination(?) (can't remember which word used). He said someone has to check behind the rater and take care of the details concerning my "helpless child". In addition, he playfully said in terms of baseball, I have left third base and I'm now on my way to home base. My question is where does the claim go next? Also, I would think this means I'm sc...what do you think? I know I should have asked the rep., but in my excitement about the claim moving so fast (on the raters desk just last week)...I didn't think about asking him.

Thanks.

[Sc Dic Won Over A Month Ago....no Notice In The Mail]

Thank you smilen66; I will most likely attack the FTCA myself (at least to start with).

GOOD NEWS for a change; I have just returned from the VARO Houston and a visit with my new POA SO. The C file was in "the front office" and she promptly helped me resolve two issues.

1) My SC DIC Award did NOT include the money for the 8 year provision (100% for the 8 years prior to veteran's death AND married to the spouse/claimant for those same 8 years...) new SO and VARO Rep met me and said "administrative clerical error" will be corrected within 30 days.... retro money will be issued in a separate check AND the monthly award will be correct by August 1st paycheck".... ok, great.

2) New SO walked my form 17 down to the VA Home Loan Guaranty department and within 30 minutes, they handed me my Certificate of Eligibility for my VA Home Loan! WOW!! Incredible.

The SO and I are filing CUE for the big retro pay; will take some time as all claims do but it will be granted per everyone I spoke to...just a matter of gettin' 'er done.

We will now wait this one out. I have IME from BASH to go with it.

Thanks again to all those here on hadit who have encouraged me so much and followed my thread and gave advice. I am sure I will need more as I go through CUE and FTCA.

Judy

You are welcome! I'm glad I can help someone:)

[2nd C&p Request]

I wasn't sure what Bilateral carotid calcifications meant so I looked it up and I'm not really sure if I understand all the medical jargon. I had a stroke 2 years ago, I wonder if their is a connection between the two?

I have an appointment with my medical Dr. in July and my neurologist has ordered a MRI (July 8).Maybe they can shed some light on my condition. I'm surprised the C&P Dr. didn't point this out, since she ordered the x-ray.

If you can help me understand it better, I would appreciate it. Thanks for bringing the potential danger to my attention!

[2nd C&p Request]

Thanks, Frank!

[Sc Dic Won Over A Month Ago....no Notice In The Mail]

See Attachment...hopefully.

CLAIM FOR DAMAGE,

INJURY, OR DEATH

INSTRUCTIONS: Please read carefully the instructions on the reverse side and

supply information requested on both sides of the form. Use additional sheet(s) if

necessary. See reverse side for additional instructions.

FORM APPROVED

OMB NO.

1105-0008

1. Submit To Appropriate Federal Agency: 2. Name, Address of claimant and claimant's personal representative, if any.

(See instructions on reverse.) (Number, street, city, State and Zip Code)

3. TYPE OF EMPLOYMENT

MILITARY CIVILIAN

4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME (A.M. or P.M.)

8. Basis of Claim (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property

involved, the place of occurrence and the cause thereof) (Use additional pages if necessary.)

9. PROPERTY DAMAGE

NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, street, city, State, and Zip Code)

BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF DAMAGE AND THE LOCATION WHERE PROPERTY MAY BE INSPECTED. (See

instructions on reverse side.)

10. PERSONAL INJURY/WRONGFUL DEATH

STATE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT,

STATE NAME OF INJURED PERSON OR DECEDENT.

11. WITNESSES

NAME ADDRESS (Number, street, city, State, and Zip Code)

12. (See instructions on reverse) AMOUNT OF CLAIM (In dollars)

12a. PROPERTY DAMAGE 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause

forfeiture of your rights.)

I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO ACCEPT

SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM.

13a. SIGNATURE OF CLAIMANT (See instructions on reverse side.) 13b. Phone number of signatory 14. DATE OF CLAIM

CIVIL PENALTY FOR PRESENTING

FRAUDULENT CLAIM

CRIMINAL PENALTY FOR PRESENTING FRAUDULENT

CLAIM OR MAKING FALSE STATEMENTS

The claimant shall forfeit and pay to the United States the sum of

$2,000 plus double the amount of damages sustained by the United

States. (See 31 U.S.C. 3729.)

Fine of not more than $10,000 or imprisonment for not more than 5 years

or both. (See 18 U.S.C. 287, 1001.)

95-109

Previous editions not usable.

NSN 7540-00-634-4046 STANDARD FORM 95 (Rev. 7-85) (EG)

PRESCRIBED BY DEPT. OF JUSTICE

28 CFR 14.2

PRIVACY ACT NOTICE

This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3),

and concerns the information requested in the letter to which this Notice is attached.

A. Authority: The requested information is solicited pursuant to one or more of the

following: 5 U.S.C. 301, 38 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R.

B. Principal Purpose: The information requested is to be used in evaluating claims.

C. Routine Use: See the Notices of Systems of Records for the agency to whom

you are submitting this form for this information.

D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply

the requested information or to execute the form may render your claim

INSTRUCTIONS

Complete all items - insert the word NONE where applicable

A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL

AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR

LEGAL REPRESENTATIVE AN EXECUTED STANDARD FORM 95 OR OTHER

WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR

MONEY DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF

PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY

REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE

APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM

ACCRUES.

Any instructions or information necessary in the preparation of your claim will be

furnished, upon request, by the office indicated in Item #1 on the reverse side.

Complete regulations pertaining to claims asserted under the Federal Tort Claims

Act can be found in Title 28, Code of Federal Regulations, Part 14. Many

agencies have published supplemental regulations also. If more than one agency is

involved, please state each agency.

The claim may be filed by a duly authorized agent or other legal representative,

provided evidence satisfactory to the Government is submitted with said claim

establishing express authority to act for the claimant. A claim presented by an

agent or legal representative must be presented in the name of the claimant. If the

claim is signed by the agent or legal representative, it must show the title or legal

capacity of the person signing and be accompanied by evidence of his/her

authority to present a claim on behalf of the claimant as agent, executor,

administrator, parent, guardian or other representative.

If claimant intends to file claim for both personal injury and property damage,

claim for both must be shown in Item 12 of this form.

The amount claimed should be substantiated by competent evidence as follows:

(a) In support of the claim for personal injury or death, the claimant should

submit a written report by the attending physician, showing the nature and extent

of injury, the nature and extent of treatment, the degree of permanent disability, if

any, the prognosis, and the period of hospitalization, or incapacitation, attaching

itemized bills for medical, hospital, or burial expenses actually incurred.

(:D In support of claims for damage to property which has been or can be

economically repaired, the claimant should submit at least two itemized signed

statements or estimates by reliable, disinterested concerns, or, if payment has been

made, the itemized signed receipts evidencing payment.

© In support of claims for damage to property which is not economically

repairable, or if the property is lost or destroyed, the claimant should submit

statements as to the original cost of the property, the date of purchase, and the

value of the property, both before and after the accident. Such statements should

be by disinterested competent persons, preferably reputable dealers or officials

familiar with the type of property damaged, or by two or more competitive bidders,

and should be certified as being just and correct.

(d) Failure to completely execute this form or to supply the requested material

within two years from the date the allegations accrued may render your claim

"invalid". A claim is deemed presented when it is received by the appropriate

agency, not when it is mailed.

Failure to specify a sum certain will result in invalid presentation of your claim and

may result in forfeiture of your rights.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or

any other aspect of this collection of information, including suggestions for reducing this burden,

to Director, Torts Branch

Civil Division

U.S. Department of Justice

Washington, DC 20530

and to the

Office of Management and Budget

Paperwork Reduction Project (1105-0008)

Washington, DC 20503

INSURANCE COVERAGE

In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of his vehicle or property.

15. Do you carry accident insurance? Yes, If yes, give name and address of insurance company (Number, street, city, State, and Zip Code) and policy number. No

16. Have you filed claim on your insurance carrier in this instance, and if so, is it full coverage or deductible? 17. If deductible, state amount

18. If claim has been filed with your carrier, what action has your insurer taken or proposes to take with reference to your claim? (It is necessary that you ascertain these facts)

19. Do you carry public liability and property damage insurance? Yes, If yes, give name and address of insurance company (Number, street, city, State, and Zip Code) No

SF 95 (Rev. 7-85) BACK

st_form_95.pdf

[F.y.i. : V.a. Benefits /sporting Goods]

VA Benefits Alert: Save 15% on Sporting Goods‏

From: Scott Higgins (scotthiggins@email.veteransadvantage.com)

[Sc Dic Won Over A Month Ago....no Notice In The Mail]

YIPPEE!!!!!!!!

Judy that is great news- WHEW----

when the award letter comes with the EED for the retro - we will want to see if they paid you the right amount.

My award is still pending -I checked a while ago with VA - so at least they aren't sitting on their thumbs-

well maybe they are-I asked the 800 rep to file another inquery-it pays to keep on them- as Purple said.

Something to keep in mind for any FTCA settlement you might make down the road-

after going round and round with the General Counsel attorney- and we agreed on a figure-he said the check would be in the mail within 3 weeks-

actually they dont send a check- they send these types of settlements electronically to the bank-

well 3 weeks and then 2 months went by and I called him up and said Hey Tim -where is my money?

There had been some sort of screw up and so I said the VA would have to add a thousand a day until I get the cash in the bank-as the settlement I signed was void until the cash came-

in exasperation Tim McKinney (who really was OK to work with but very tough VA lawyer )gave me the federal FTCA tort claim guy who I called directly and within 2 days the cash was in the bank-

Another point- with direct SC death and also any FTCA award-proving VA health care contributed to SC death,the award cannot be offset to any DIC under direct SC death.

I am only case I can give you as example.NVLSP said that I was only case they knew of too.

It is all in M21-1 Paragraph 22.04,Part VI ,Chang 118, Sept 23,2004.

This is one reason my award is taking so long.It was in the BVA remand reminding them of additional ancillary benefits as well as offset refund and when the BVA awarded the claim the VARO conveniently forgot to pay any of it.

Berta,

Were you called and asked what your bank account number is? Or does the "powers that be" (goverment) already have access to that information? Thank you.

[2nd C&p Request]

Berta,

At the last exam (2nd C&P) they did check my back. Fortunately, I had a spasm during the exam that she was able to document in her notes/report.

As far as documentation for my claim, my medical service record indicate I was seen at least 2 or 3 times for each disability. During my service years I never attributed my symptoms (outside of my back) to the fall. I was 24 years old at the time of the fall and never made a connection to the symptoms to the fall and I never thought the fall would come back to haunt me later in life. I will credit myself with being old enough to know I needed to seek medical care thus making my visits a matter of record. Not sure, but I think the documentation is a nexus. Am I right/wrong?

Thanks for your response.

[2nd C&p Request]

Thanks!

[2nd C&p Request]

Yesterday was the big day... I had my 2nd C&P examination (Apr. & May 2009). It was a pleasant and fairly short exam. The staff were courteous during both visits.

I asked why I had been scheduled twice and the Dr.'s initial response was I'm not sure. After perusing my exam sheets and rereading the VARO's cover letter she found out the previous C&P Dr. had not give a diagnosis (djd). She apologized for the inconvience and assured me she would finish the report prior to the end of her shift.

smilen66

[2nd C&p Request]

Thank you!

[2nd C&p Request]

Thanks, I'll carry a list this time. By the way, I called about the appointment for the 2nd C&P this morning and I was told the VARO needed additional information. You are right, the Rating Officer is being thorough.

Last question, when should I request my records? Thanks again!

Smilen66