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GDavis9755

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Everything posted by GDavis9755

  1. Well folks, the kidneys, lung damage, and damage to the heart has moved me from 100% TP TDIU to 100% service connected with aid & attendance. So I guess I have no further battles with the VA. Must say the VA fight seemed much harder on me then my fight with Cong at time over the years. All I ever wanted was to be whole ago. Fix what you can then follow the law. Does anyone think this was too hard to ask for?
  2. Berta, The treatment I received was very good and very aggressive to combat an aggressive cancer. Most don't make it with small cell lung cancer. So far so good beating back the cancer. But it sure took a toll on my body and most systems, but I'm alive. Of course I worry about my wife getting the DIC payment, that is the reason to have everything damaged by the treatment to be rated. I would say no one made any mistakes as far as the treatment, it's just the damage my heart, kidneys and the two mini strokes were noted after the treatment. If the cancer comes back it will be fast, but my wife will have that battle won. The kidneys and heart damage are the only thing else that needed to be rated. Cancer, kidney disease, or heart attack have the best chance of killing me then any of the other SC conditions. They have given me two C&P now, one for heart the other for the kidneys. So I'm guessing I need to file a claim for damage caused me from the treatment. There are a few other things that I will put in the claim. Thanks to everyone for the help
  3. Found out what was going on. I have had two C&Ps now. There checking how much more damage the cancer treatment caused me. They tested lungs and the kidneys.. Looks like Im just going to be one of the 100% plus guys. Thanks for all the info and help
  4. Have a lot of respect for you for taken the time to help a brother. The throat cancer is an agent orange auto. Just get the paperwork from Dr that it's throat cancer and send it in. The treatment for this is going to be hard on him. After treatment file for increase of the heart problem caused by the cancer treatment. Good luck to both of you guys.
  5. Did two tours in Nam. First tour with 1st Cav as a grunt, went to flight school 2nd tour with the 101airborne up north. I was rated with all my combined at 90%. They then gave me TDIU. The cancer at present is stable. My cancer Dr says I will always have the cancer it's under control right now. Could come back and I'm screwed. I'm taking PET scans every 3 months. As it is a very aggressive cancer. Less then 5% make it to 5 years. As far as SMC as L I'm not sure they gave me that. I was moved to 100% with aid and attendance. As I'm already rated TDIU P&T. What should I expect filing for the lung damage, kidney, and the other problems the treatment has caused?
  6. March last year I was awarded 90%SC. Right after that I received TDIU at 100% T&P. Life was great after years of the fight.. Then the same month (March) I was DX with small cell lung cancer (Limed). I filed for SC because of AO and was awarded 100% with aid and attedance. After 6 treatments of chemo, along with 35 radiation the same time. After that 15 radiation brain treatments. Here we are in June of this year they want to have a C&P for my (respiratory problem). I so far am NED for the cancer. It's all the other problems that really hard on me. Some where and some how I had two TIC strokes, can't feel much in my feet, found out last week I have a vein that is completely blocked but have two other veins that has by-passed the main one. I also got 65% damage to my kidneys . I,m still tired all the time sweat at night, hit the bath room 8-12 times a night, dizzy when I stand or walk, can't walk 100 ft with out almost passing out. I figure they'll knock me back to TDIU which would cost me money. Do I need to file for all the other problems that has been caused frome the cancer treatment? I was well and no idea of what the treatment was going to do to me. Thaks
  7. My primary VA care doctor wrote a letter stating just that. Only he also put my other disability, (back) in the letter also. Of course they read it as being my only disability, instead of all my service connected problems listed also. I'll check into the VocRehab. Looks to me as the VA is putting all the problem on the back. Sure the back surgery was a big problem, it along with all my other problems, (gun shot wounds, PTSD, etc). The total of all my problems is what caused me to get out of my own business. I tried and just could not do what needed to be done and had to retire. I sure didn't want to do that, it just comes a time when you need to call it quits.
  8. I'm rated 80% SC and have been getting SCD dated from Feb. 08. In 07 I was turned down by the VA for TDIU because of something I was suppose to have said. Some where I was suppose to have told someone I was working. I sure don't remember saying anything like that to anybody, since I have not been working from 05 to present. Any how, SCD was awarded me with the primary reason of a non-service connected problem. Secondary was the listing of all my service connected injury's. My question is how am I suppose to work, VA says I can, when the SC say's I'm disabled and unable to work? If I work, I lose SC. I filed a nod last year and have not heard a world from the VA. Anyone else with this problem and time frame for the VA to answer a NOD. Any suggestions to get these moving or give me another turn down. None of my service ratings are rated more then 30%, but the total to date is 80%. I am going to file another claim for ID because of all the drugs they have given me. Reading from these forums, I would guess I will be given another 10% increase which should move me to 90%. Thanks all for your answers.
  9. I like the part about the doctor who gave his input ( while never seeing his C-file or medical records ) and the other who did read both and gave the same decision. Make's you wonder why anyone needs to look at your files or medical records at the C&P examine. Hell they know the answers already. Brother
  10. Just got another letter from the VA stating: " We have requested copies of your disability medical records from Social Security. It may take several months to receive a response." Anyone know of a faster way then wait another several months? I never saw anyone at Social Security. All I did was send in my VA records which showed I was 80% service connected and they awarded me SS disability. I have now hired a lawyer to see why I was given 30 % PTSD, I don't work, have not worked from 2004. Anyone think or know how to get SS to mail this stuff to the VA. I just spoke to the SS national number, lady said it would take that long. Thanks
  11. Forget a stressful time. Changes how you look at stress, like your not going to be scared of artillery. A 105 round will kill you the same as a 8 inch. All that stuff sounded about the same to me, and still puckers me up when I thing about. Sorry folks, that pill won't work for me.
  12. Thanks, just now saw it. Good to see after all these years people are having it much better then I did back in 60's. Hell, they didn't even know what PTSD was and really made it hard on you. Names and all we were called really made one feel like crap. I'm fighting the fight now, opened a case from 1983, gee they now have found PTSD at 30%. Well at least it's a start.
  13. You can't beleive what they said. They seemed so hostile towards me in the rating decision. They called it post-traumatic stress neurosis back then. The clinic consultation gives impression of veteran having a personality disorder. This for the one time stated from an appointment 2-20-81. On current VAE, veteran claims to have a nervous condition, describing nightmares and fear that he may act violently, having difficulties sleeping; all this after 10 years after being in Vietnam. Wants rehabilitation training, but can't get this training while employed at the Post Office. Veteran complains of rapid mood change and aggressive behavior, generally being withdrawn from other people, complaining of problems with history of alcohol and marijauna abuse.!! According to his records, the aggressive behavior and rapid mood changes are lifelong symptons and patterns. Folks, I almost forgot why I stated away from the VA all those years. Reading this report today just pisses me off. Get rid of the scum and blame all these problems on mom and dad. Veteran generally seemed evasive and guarded throughtout with a superficial veneer of cooperation. Underlying hostility and belligerence was easy to see, some restless motor behavior and some generalized anxiety was evident. Examiner gave diagnosis of personality disorder with passive/aggessive and hysterical traits. Folks this was just about all my C&P from 1982. So I took care of myself the best I could as was expected for 30 plus years.
  14. Sorry Carlie, The wording from the denial letter is, "The post traumatic stress condition claimed by you is not shown by the evidence of record". Dated 4/13/83. From the C&P: The examiner gave diagnosis of personality disorder with passive/aggressive and hysterical traits, and blamed all my problems as a live-long pattern. Hope this helps. Gary
  15. Have your outside Dr. mail or fax what you need to your primary Dr. They should go ahead and proscribe the meds. to you for no cost.
  16. I'm with you folks. I sure can't do this stuff, my local PH vso wants to go after it. I really don't want to lose this chance. I've been waiting for over 30 years for the rating, I just thought it should have been closer to 50%. I'm in Missouri, anyone have a good lawyer i should know about. You can email if posting on the board is a problem. I've checked the net and have not turned up any that gives any background to their cases with the VA. If anyone has one or heard of one let me know and I'll feel them out. Thanks again.
  17. I asked for what I thought was PSTD that had been going on from 1972 when I got out of the service. I had seen the Dr's, all they wanted to talk about was mom and dad. They gave me meds to help with the anxity part. I was denied because they said I had no medical records saying I had the condition. What they were telling me, it was a personelly problem. They also set the Dr's appointments during my work schele at the post office. They were really on my but about seeing a VA Dr about PTSD problems. It was keep the job or set in a circle and talk about how I felt that day. Over the years I would use advan as needed if I felt like I was in some real problem area. And of course self-med with the local hurb of the day. Stopped the hurb because of urine test but still being giving advan during bad periods. Other wise no help. In the latest rating, the Dr. says I was working. Don't know where he got that as I have not worked sense 2004. Owned my own business, just could not do the work any longer because of this problem, back surgery, and my legs. I've been on long term pain meds. The back surgery could not get service connected because of the nexus. I could not produce the cilivans medical records for the last 35 years. Seems the Dr's don't keep records longer then 5 years. That did that. Carrie, all that was sent in this time was my new records from the new Dr. I say one time for 20 min. who dinosed me with PTSD, now the Dr''s are giving sleeping meda and other stuff to control my anger issue's. I see the Dr's pretty offen they are trying to get my strighten out. Things seem better then before, still not right. Problems with sleep and anger. Needless to say the depression is on going and so is the pain. So during the last C&P I was suppose to be working, (which I wasn't). Without medical records that day he stated I was between 51 and 60. Why was I not between 45 and 60?
  18. I received a 30% rating for PTSD, I'm thinking of filing a NOD. Let me know what you guys think. Award letter states:I'm a combat vet with silver star, bronze star with V and purple hearts, so my testimony alone is sufficient as far as a combat stressor is concerned. I was able to reopen this case from one I filed in 1983 which was denied. The examiner stated all the causes of the PTSD This is were I'm having a problem with the rating. Quote "Overall, teh medical examiner diagnosed your condition as posttraumatic stress, and provided you a GAF score between 51-60". A few days later added "clarified his medical opinion, and included an opinion the condition presentsdepressive symptomology". They described the GAF score as where I should be rated. My problem again is, just what is between 51-60? Should I been given a certain GAF score and not just "between". They seem to know what the cut off is between 50% and 30% pretty well. It also states he didn't even have my medical records during the exam. Should I ask for another C&P and disagree with his 30% rating? Thank you all.
  19. I am rated 80% SC combined. In my last letter to the VA I asked for SC for my back problems and TDIU. I filled out the 21-8940 thinking there would be know problem with the back injury. Of course there was a problem and I was denied because I could not provide all the DR's I had seen of the last 37 years. I did have records of the injury, but no nexus. When I filled out the 21-8940 I stated the date that affected full-time employment, same day for last day worked and same date for "became disabled to work". My wife also was paying me from our small business even though I was not working. These dates where all June 2004. Prostatitis now rated at 20% from 0 damage to muscle group XI from gunshot wound 30% Scars from gun shot wounds to right arm and left leg 20% Left foot drop secondary to gunshot wound (previously shown as residuals, gunshot wound, left leg, peroneal nerve, toe and ankle drop, mild 20% Tinnitus 10% Malaria 0 They did not mention the 30% from PTSD I was awarded when all this was going on. The claim for entitlement to individual unemployability remains denied. There reason: remains denied because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. We carefully reviewed a VA exam dated Feb. 4 2009 in which you reported that you continue to run your business. (I never told anyone that. I have not worked since 2004) VA exam dated March 3, 2009 you reported you retired because of back condition, which is not service connected. ( denied because of Nexus, may have said this but that's because of the surgery I had in Dec of 2004. But that was not the only reason and no one has asked about all the details of that time period. Reviewed a letter from VA doctor which listed back pain, bilateral shoulder pain, and osteoarthritis of both knees. Over all, it appears you stopped working primarily due to non-service connected disabilities. I send a tax form for 2004, you reported that you continue to run your business on examination dated March 2009. Based on the findings noted above, denied. I have had the VA DR write another letter that states all the info as before, but he has added: All his service connected disabilities cause permanent loss of employment since Feb.2008. Cannot walk or stand for long time, cannot lift weight due to back and shoulder pain, and in his opinion, he cannot perform gainful employment and he is totally disabled. I applied for SS and SSD Dec 2009. We found that you became disabled under our rules on Feb. 28, 2008. Under their rules they can pay benefits no earlier that 12 months before the moth of filing. So mind will begin Dec. 2008. I will get my back pay and starting the first check in April 2010. So I got a new letter from the VA DR. SSD, an increase in my rating from 50% to 80%. I will be filling the nod. But would like some input or recommendations from you and anyone else you find able to help.
  20. Need some help on my claim. I am combined 80% SC because of several different injuries. My wife and I own a small S-Corp business which I am the pres. she the vpres. I have taken a salary in stead of an owners draw mainly for SS as I was to retire in a few years. I'm 62 years old. In 04, I had back surgery and have not been able to return to work. I have fought the VA over this problem from 1972 and never won that action. But the problem has taken it's course, I just had to get it done. I have tried to return to work, and just can't do the work any more. With the back and all the other injuries, meds. and the PTSD I just can't work. In my claim for for TDIU, which was denied, because the evidence does not show I am unable to secure or follow a substantially gainful occupation because of my SC disabilities. From an exam dated 2/4/09 which stated I still ran the business. VA exam dated 3/09 I retired in 04 because of the back which was not service connected. The VA DR. wrote in his opinion I could not perform gainful employment and totally disabled. In this letter he did include history of non-service connected problems, but also included some of the SC items. I can see I will need to let them know in 04 was because of the back surgery. But I have not worked but tried from 05 on. We did pay me up to 08 in the family business, but I did not work. Give me some help on what needs to be done. I have just applied for SS disability this month and starting that process. Thanks all for your input. Gary
  21. Just took a C&P from local chiropractor the VA hired to look me over for my claim. She looked over some of my SC awards, but did not have some to look at. Not sure if I will need to go back or just need to wait for the brown letter. I"M SC 70% now. Tinnitus 10%. Scars, right upper arm and let calf, gun shot wounds 20% Residuals gunshot wound, left leg, damage to muscle group XI, 30% continued. Residuals gunshot wound, left let, peroneal nerve, toe and ankle drop, mild, 20% Continued. Malaria, 0% Bilateral hearing loss, 0% continued. PTSD with depression, 30%. I was just somewhat surprised they paid and sent me to a chiropractor for my individual unemployability claim. I think her rating is going to be much higher then the VA rating for my leg. Does this sound like what some of the others on the board have done for IU, or should I be concerned. Have not heard anything from the VA yet in the matter. Thanks for some info Gary
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