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cannoncocker

Chief Petty Officers
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About cannoncocker

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 10/15/1954

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    dgillespey@msn.com
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Profile Information

  • Military Rank
    E-5
  • Location
    Florida

Previous Fields

  • Service Connected Disability
    70
  • Branch of Service
    Army

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  1. That was my experience and recommendation as well, i.e. independent medical opinion indicating more likely than not.. That will take some work to find a neurologist willing to do a work-up but some will. It was very difficult at least at the time I was involved with this. I found one in 2008 for 365.00 but I brought all the MRI(discs)/Radiology reports/medical records... It ultimately got down to presenting the examiner with this: what would a reasonable person conclude this disability originated from? After a moment of consideration she was onboard. PS: may i add that the va in my experience will fight a back injury harder than any other disability. They will push back with every trick in their book rest assured.
  2. Vync, we/I am lucky you are active on this forum. I appreciate your willingness to share your knowledge and experience. It's pointless to me to pushback, aside from on principle that after 8 years of a prescription for a sc condition they throw me under the bus (is that reasonable to flip the switch and expect anyone to just be over that?). Not that they care but no way can I register, schedule an appointment, then get on some step down plan without months of cold turkey. I'll re-register in FL. I live outside 40 miles to the nearest va care facility but the choice option the last I checked is useless, i.e. they couldn't tell me what doctors were eligible nor tell me if I would be reimbursed until after the appointment. let me know how that is helpful because that eludes me. I really only intend to use any va facility as a medical emergency last resort anyway. That run around you got is precisely what I wish to avoid. I'm glad you ultimately beat them down but it's a toss up how that could have gone. You wuz lucky.
  3. thank you Vync. I knew it was basically a fool's errand to butt my head against the wall on the prescription so i gave them that one. the kiss off part is a bit on the harsh side but i expect no less. so they kinda can restrict me to emergency/urgent care since my actual current address is FL until the home on my NC property is completed. It's not a major gig but I did want to know precisely how heavy handed they are. still, I own residential property in NC but whatever.
  4. My question is who determines your choice for preferred VA treatment facility (your primary VA treatment facility)? I have been treated at a single VA Treatment facility in NC since 2006. I have property in NC and FL. I have been using my FL residence until the residential construction is completed on the NC property. Prior to this I rented in NC. My primary provider transferred so I was assigned a new physician a couple of months ago. It was going fine until his screening nurse noticed I had a temp address in FL. At that point she asked if that was temporary. I explained as above. The treatment stopped and right quick. I was told by her my treatment was restricted to: "urgent/emergencies". I had assumed this was merely a mask to push me off an opioid prescription (since 2008). I acquiesced that point but they continued their unilateral and abrupt virtual refusal to continue my treatment there. Is their refusal to continue my treatment at my designated preferred VA facility in fact within the scope of the nurse's/provider's authority? I won't bother with what that means to tell a person to tough luck, see ya, after receiving an opioid prescription for a SC disability (reconciled by Neurology consult). PS: if this is the incorrect forum please move.
  5. John , thank you for that, really thank you. Having worked as a Safety Speialist for the Army after service I have a sense of what you are saying and in large part that is exactly right. They have done nothing to me yet. Nor have they closed this out. In an IRIS msg. they told me to go through my sitting senator to contact them. They wrote all claims closed. Nope. IRIS msg told me to not go to qtc exams, firstly I had put in a change of address since I had moved and was 3 states gone, but called early and canceled saying I was withdrawing the claim. Dollar to donuts they are rating without med exam as we speak. My sense of this is they feel pretty much free to do as they please up to the point their supervisor comes in their office and orders them to slow their roll. I clearly have pushed them. but really to get my back SC I had to push, which is where the animosity originated. My DAV guy said I got this,no need for recorders or formalities, we did that, came down to his office, then he said they would deny it unless I had a Dr, tie an ER report, with zero assesment to my back problems now. Their own Dr. said nothing could be done with it. Hence I had an IMO. So seeing how the ball was rolling I went to a senator and explained, returned to the DAV guy then low and behold, "what made you think this was not approved",? When you told me it wasn't was my first clue. That is the history behind this, and spiraled from there. If I hadn't I would be out 30% so how can you win? This is not a tighten your belt scenario, life goes on either way. But I have a keen sense of big brother, or any other person /entity abusing their authority. So indeed this does bother me, alot. I have my mind fixated on how to push them back in the can. Problem is they run pretty much unfettered. Think about it, send a person that they can only communicate with the W-S VARO through a sitting Senator. Yes I think they are emotional about this. That is a problem. It is in fact personal with them. The best I can do is make the cost of that personal vendetta.greater than any personal satisfaction they might gain in the end. Thank you again for the analysis, and nobody made me genius, so you may well be right. That has always been my experience as well, to this point. If there is a bright spot they are not issued live ammo. Not to mention it is always best to move your head before the guillotine drops.
  6. In an effort to prevent a China Syndrome, I would appreciate any information regarding an organizational chart to find the chain of command for the W-S VARO. In my meager experience when all else stagnates and the focus becomes intransigent and vindictive a trip up the chain of command might prime the pump. There are bound to be ways to find the regional supervisor or however they have it organized and nomenclature used. Failing that any points of contat above the W-S VARO Plan on hiring a lawyer for the purpose of extracting the intentions from the office supervisor. One for the record books IMHO, in IRIS, there was an entry demanding that I communicate with the VARO via a sitting Senator. Now I am not Johnny Cochran, well because I'm not dead, but that seems improper somehow. What depriving me access to the VARO where they are on a mission to crucify me. Any suggestions for self defense? They didn't get off the chain, they ate it.
  7. I do not know what your experience will be in the clothing application process, but that is correct that clothing allowance is processed throught the Prosthetic Department. My experience is the head of prosthetics will schedule a doctors appointment who will determine if clothing allowance criteria is met. Don't have a clue to thecriteria but shooting from the hip: worn clothes, rashes of the skin, abrasions.... The reason I mention this, do not be fooled that you just fill out the paperwork then the register opens.
  8. Thank you Chuck for your analysis. The DAV representative left me a parting gift, namely this bomb. He enumerated every service connected disability over 365 daysafter the last rating. They are just over 365 but over. So all but my 30% for my back is on Franenstein's table, aka W-S VARO. As hard as they are playing the game, specifically they write a letter(all claims closed), two weekslater(we continue to process your claim), You must withdrawl all claims, otay, remove all claims that might be of benefit, we continue to process your TDIU claim. So you can see they have burned the book and are willing to jeprodzie themselve since this is all in writing and the path they have chosen is clear. What will be interestingis what they will do whith this: we have two houses, one in NC, one in FL, due to some family stuff I had to move to the Florida house. They had scheduled QTC's in NC, the IRIS representatives had sent the W-S vigilantes-DemiGods a message to shut this thing down and cancel exams, sent me a message to not goto exams. Not being born flat lined when the exam date rolled near I called QTC, canceled the exams stating the claim had been withdrawn. Not to mention the VARO has my new address 8 hours from NC. Also frankly with stuff they give me for my back most reasonable people would not want me rolling free flight through Atlanta. Feeling that? Got all this in writing so this represents, being a former long time federal employee, a complete departure from everything bureaucrat. Do not put it in writing, do not draw attention to yourself.... That represents the scariest thing in this little shop of horrors. I cannot figure them. They either think they are invisible and bulletproof, beyond caring, insane. Or some combination. I also can't figure K.Pfanzeleter W-S VARO Veterans Service Center Manager, why would he allow his staff to run freestyle across the state write something then ignore that commitmant, aka lie. pursue vets purely from a personal motive. What pray tell does he get out of this to put himself in employment Jeopardy since best case scenariofor him, I guess, his charges are running solo which is doubtful, although how great would that look on a resume. Whole thing is curious. If there is a possible out on this the majority of the exams they have scheduled were originally SC in 1990. So I will have to determine which month if it works that way for the 20 year protection. Actually life goes on since I don't absolutely have to have their payments. That doesn't mean I will not dedicate my full time to making them wish they had taken a higher road. As an aside: The IRIS function is a database, a filing system. They have no authority. None. They will interject themselves, through a desire to correct a wrong, thank them for their willingness to help and for trying, but for get about it. They have no standing.
  9. Hi pete, hope all is going your way. Don't get it wrong, As I implied I consider Hoppies experience second to none. Precisely why, as soon as I got the jist of the Issue/Claim interaction, I sent an IRIS to the VARO, not that I haven't broken this down in every permutation, minus Urdu. But I did request the so and so's close all issues of the claim in question, but it will fall on deaf ears as they made it clear their mandate ended with regard to customer service, if one there was originally, when I put a Senator in the mix. I don't see a downside though since they were bent on seeing me homeless without means to feed myself. What sin could a vet commit that would provoke a death sentence? Curious human nature. So I explained all this to my Senator so now I shall see if the VARO gives a ......... Prison, that would be with the scope of desirability for the VARO. But actually, the DAV rep, enumerated all the issues in this claim, which the VARO clerk added zip. Her colleagues did consume themselves adding grief. Quite good at that, well since they seclude themselves in an inpenetrable fortress, unassailable, that would not be that difficult. "If you know the rules they can be your friend". In general that is true, but when they are beyond any legal repurcussion, as far as I can see, and by all means please feel free to inform me precisely who is the enforcer in their fortress? They do precisely as they please. They rate you as they please. They deny you as they please. Example in my back quest for SC I went to the DRO with an IMO, The DAV convinced me the way to go was informal with no recorders. Can you say sucker? Went back to the DAV office and heard the DAV rep saying to the Secretary "that didn't take long" te he. Well it was on then. He went on to say it would be denied, after he had convinced us that he had us covered. That it would be denied if I didn't go find a Doctor that would connect an emergency Room report, with zip assessment. Of course their doctor noted there was no assessment as my doctor did. So off to the Senator to whom I explained the situation. Next thing the DAV rep asked what made you think this going to be denied, to which I replied my first clue was when he told me and my brother that. Bottom line there is nothing in house and precious outside that has any particular influence on them. The only reason this flew was the element of surprise as he didn't see the meek and mild me beating him upside the head with a club, but I saw little alternative. Not my first choice, but that is the orgin, not soley, but a player, in this conflict. I think that rather than procedure is the rub.
  10. Part of the point I am trying to impart is that regardless of the complexity of VA law, it is only relevant if their is an enforcement mechanism, which, at least at the W-S VARO there is not. It is you against them. Them being surrounded by xray machines and cloistered in their bureaucratic fortress of solitude. Who is going to enforce that esoteric point between claim and issue, although I sent an IRIS regarding that to cover all bases. It, who knows, may possibly help in some appeal. These jokers don't adhere to the most basic tenants of polite civil conduct much less... Is there a provision that once you contact a senator they no longer are obligated to interact with you? Ask and answer, homey don't think so! That is them across the board and the idea they are going to be doing this in some form of advocay if really hila rious.
  11. Hoppy I am really glad you threw in here. It is clear you are more than passively informed. I believe I see what this is revealing, but this must be viewed in context of this situation. They closed other claims that would have resulted in nothing or benefit to me readily. The one that could be, let me rephrase, will be used to down rate without a change of venue, and since that ain't going to happen, shutting this down is the only viable soultion for me. <BR><BR>The IRIS response at one time required I close all claims before they would close this one, I complied, they said all claims were closed, waited two weeks, then said they were continuing to work on the TDIU. I did not ask that they just tinker with it, but shut it down in the entirety. The claim submitted by my DAV Rep (former) VETERAN'S APPLICATION FOR INCREASED COMPENSATION BASED ON UNEMPLOYABILITY. Which list all disabilities that have not been rated under a year. I am not requesting that they drop a portion of anything, but all claims in their entirety, and since they emailed me through IRIS that they had done that, I think that qualifies as concrete evidence they are aware of my requests, and that they have the ability to comply if they so desire, "It appears, at this time, you have withdrawn all claims". Which was not entirely true. All but one was expunged. How does that happen in the issue claim context? They have mucho requests from me expressing in detail that the entire claim should be 86ed with the diplomatic version of why.<BR><BR>By the way I find myself gravitating toward constuct of going to the VARO and yelling.<BR><BR>Actually the VA added nothing at all, my former DAV rep filed the claim as it is reflected in my file. The VA really didn't want to bother with it and sure were not inclined to enhance it. Their duty to assist doesn't pass the laugh test.<BR><BR><BR>So if I read this correctly I should list each Item in the TDIU and request that each item be withdrawn? Cumberson but doable to no doubt deaf ears, as I pointed out the venue is poisened.<BR> <BR><BR>I believe their duty to assist is reserved for themselves, in my meager experience. <BR><BR><BR>Sympathetically! Ha HA HA!
  12. Hey John, thank you as always for your participation in an endless stream of the VA is beating me up entries, mine included. I would have zero problem with going to a QTC or C&P exam, but not evaluated at the W-S VARO which apparently lacks mature adult supervision. That was not rhetorical: " intransigence and vindictiveness". Do the math, they close all claims minus this single one which they have multiple forces, to include 2 other VA functions requesting they shut this down. Nonresponsive. Via IRIS and the 800 number I was told and the VARO was told it was soley my choice what claims I pursued and the VARO is required to abide my choices. No exams have been done, and no funds expended. They quite simply are off the reservation. Having said that, who pray tell is going to put their shouder into them and correct the course? Nobody I met. They all but ignore the Senators or fill him with propagandized BS. Yes with a change of venue I'm on board but the W-S VARO is poisened, at least for me. Guranteed, they have ordered said cake. I continue to do my best to shove that said cake down their criminal throats. Sorry, a flash of irritation. And by the by an IRIS response advised me to not attend the QTC's. Rather than jump in the empty pool head first I canceled those telling them I had canceled the claim. So at this juncture they could be downrating me to their ability or rescheduling or ........ Currently contacting US Reps, Under Secretaries, Dog Catchers, aka full court press. At the end of the day you do what you think best to the extent of your abilities then as they say "God answers prayers, whatever happens is the answer".
  13. Thank you Carlie, I too hope it doesn't bite me.... A learning lesson lesson for all is to be had in this. Know the nature, full nature, of a claim before you allow your rep to submit it. Make the assumption that they will not provide that unless you confront them. Next verify what they tell you, always with the assumption subterfuge is at work. This has already bit me actually by virtue of the myriad of junk required to counter the intransigence and vindictiveness of the Winston-Salem VARO. Gheez what an odyssey. 1.VARO through IRIS required I withdraw all claims before they would remove the TDIU. Complied. primarily due to my desire to lead a life sans VA BS in my mind 24/7. 2. nothing. 3. Contacted Senators. They so admire when that happens. Lesson alert. You're burning bridges when you go ballistic, but having said that, a man with zip to lose. 4. Inquires blow in. 5. IRIS response: As you are withdrawing your claims we are recommending the W-S VARO close these claims. 6. Squat. 7. More IRIS back and forth to no end. 8. finally IRIS response: "It appears, at this time, you have withdrawn all claims" Now to the untrained eye that would give you some sense of closure. Man that's contrived bureaucratic sleaze on a 6th grade level. Writes that since I contacted the Senator correspond through him. 9. Two weeks later: "we are still processing your application for compensation" from dude named Phanzeleter the VARO main squeeze. At the other end of that nonsense VA: We do not wish to comminicate with you (paraphrased). Is there a regulation that although I have been civil to a fault, if you contact a politician they no longer have a legal mandate to continue communication, or conversely they may opt out and join a monestary and repeat mantras. nonstop as opposed to working in a public envionment, namely the VA. So to summarze, An intransigent and vindictive Winston-Salem VARO has written to me via IRIS stating all claims are closed, later thast same odyssey they write we are processing the only open claim that we can use to put your disabilities on the table, ignore any medical reports, reduce them to our desire, have cake, then allow you to rebuild at your leisure. Some they can't touch, such as back which is under 1 year old, and have to check but virtually all the rest are 20 years old or next to it by months . 1990 as I recall. Folks avoid this. Do not rely on your VSO. Come here and ask. educate yourself. Trust only yourself and your decision making abilities. The VSOs are commiting adultry with the VA. You are simply a pay check. if you irritate a VSO by being aggessive and tend not to accept steam rolling expect reprisal. My experience. May not be reproduced for all users. Oh, to those under the mistaken impression that the VA works within a legal frame work will find that a mistaken premise. Who will enforce any regulatory guidelines? Them? You?....... Re read above.
  14. Thanks Larry and all, that is an exellent "leagaleze" breakdown. Here is exactly where things are now. I went to the VARO and submitted a 21-4138 stating I did not put those claims in and wish them removed. I latter followed that up by certified mail requesting all active claims be removed. 2 QTC's have been scheduled heraing and then bout everything else on my body.The IRIS people, not knowing how much clout thet carry or whether they actually follow through with their statements, wrote that they were advising the VARO to ancell all active claims and cancelling all QTC's. They further advised me it took about 21 days to match up these actions to my records. Should I go to these QTC's or call them and cancell, I now live in another state, or just assume the IRIS group will do as they have written they will do?
  15. That of course is not what I had been told by my NSO and the one that set this mess into action. I was also told it would take about 21 daysfor my claim removal to catch up with my claim. That from IRIS. I would like your suggestion on whether to goto the QTC's. I was told in writing by the IRIS folks they were cancelling the QTC's since I was cancelling the TDIU claim. Can an NSO be held responsible for providing incorrect information?
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