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cannoncocker
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Posts posted by cannoncocker
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At least you will get better treatment here, welcome to the board friend.
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I was at work so they left a call back msg. so no big deal cause I'll call and find out for sure what it is about but the istory is I have had 2 QTC exams within the last few weeks and waiting on a possible 3rd.
So anyone with any clue as to what it might be about, just so I might know how to respond, like if they offered a different Doctor DO exam go with the one I've done are ask for a different one.
as you may tell, don't have a clue, but just asking for any opimion.
I heard a lawyer once say, never ask a question you don't already have an answer to. I look at this kinda like that.
Thanks for any input if you think it is worth it.
PS: I would like to be more useful to the board and my fellow vets but I would have to know sonmething about the VA system to do that, and I'm not there yet and will have to leave the advise to the pros.
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To clarify what you said-
I graduated with Honors from American Military University in 2007-it pops up as a war college in google-
This fully accredited and highly respected university was started by the USMC and my courses were primarily regarding tactical warfare maneuvers-most instruction from USMC officers-I was the only civilian they had ever taught.
came in handy because as you agree we are on a battlefield-
You can obtain a copy of any C & P exam results by writing to the Records Access Officer at the VAMC where the C & P occurred.
My repspect and grateful you are putting your knowledge skills and abilities to good use. You, Philip Rogers, broncovet, and Pete53 for whatever in the world Buno means. None of you had to say, do, or think a thing about my problems but you did. Thanks and I'll pass it on when and where I can.
you guys are very generous people.
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Hi Berta, it seems we share a lot philisophically regarding our battlefield approach. You may not have graduated the War College, but you are qualified.
1. Ok nix the trip to th VARO. I didn't see anything coming from that anyway.
2. I have a box filled with return receipts.
3. I dropped the telephonic communications pretty early so not much lost there.
4. I check email always with the IRIS system.
5. Your statement "make sure you ask them for a copy of any C & P exam results- the copy you get might more then likely be characterized differently in the C & P". I have completed the following QTC Examinations:
a. XXXX ARADO M.A.,CCC-A,FAAA Speech, Language and Hearing Service Providers Audiologist b. Dr. XXXXX, DO 101 Chadwick Square Court Suite C Hendersonville, NC 28739
My question is, who do I get a copy C & P examination results from?
Next question: Audiologist was excellent/DO was clearly working against me, he asked me questions that were readily answerable and available from the VA, MRI's , and VA consults. Is there no recourse to a clearly prejudiced Examiner or just wait and submit an NOD after the decision is rendered?
6. Your statement "As long as you have current disability at a ratable level which can be directly linked to your service or which is secondary to an established SC disability- you should receive SC for it."
The only claim portion left is psychiatric. Revised from: 1. Service connection for depression, to include panic attacks secondary to service connected conditions, which the DAV had me stating the cause in practical terms was:
1.Foot problems 20%
2.Cardiac anomalies 10%
3.Hearing loss 0%\
Since that is not what I claim
I revised and submitted along with DAV receipts for VA submission:
318/DEV1/SCS
VCAA NOTICE RESPONSE
21-4142 Authorization And Consent Asheville VA Medical Center Dr. XXXXXX is my point of contact for relevant psychiatric information.
Connection for low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy), lack of mobility and severe pain causes
21-4138 Statement In Support Of Claim:
a. Service connected event which the VA psycholgist corroborated in diagnosis and progress notes.
b. Extreme restriction of mobility and severe pain.
In that order of impact.
This has been submitted and am waiting on a response from the VA. Should I request a response via the IRIS System?
7. I worked in real estate, flipping houses, buying, renting etc. to a couple of years ago. I only do the property management part now due to my back which doesn't allow me to do the restorations. Before that I was a DAC Safety & Occupationaql Health specialist, and Contract Administration.
8. I do not receive SSA disability benefits. I have not applied.
the only other question s I have are in regard to after the VA decision:
a. When can I hire a lawyer and do you recommend doing that?
b. In the appeal process, do you submit an NOD and wait for their response rathet than straight to an appeal?
I know this is a lot but this should solve so many of my problems and make things infinitely better
thanks to everybody!
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Cannon
If I understand your question, you are asking how to determine the status of your depression claim which is secondary to other conditions.
In a nutshell, the VA wants to keep you in the dark. You can try calling the 800 number, you can also try an IRIS (email) inquiry at the www.va.gov website. However, the answers you get either by phone or email are not always accurate, complete, or reliable.
A bit of redeeming news, however, is the letter that the VA is working on your claim.
As far as the VA removing Hallus VAlgus, there are two distinct possibilities:
1. They are suggusting that Hallus is not relevant to your claim..if your depression is secondary to your SC hearing loss, then you will be rated for depression. It would not matter if your depression is also secondary to Hallus, you either have depression or you dont, it is either service connected or its not, it is either secondary to service connected conditions or it isnt. They dont have percentages..like your depression is 40% secondary to the 10% hallus, etc. If your depression is determined to be secondary to ANY of those service connected conditions, then you will be given a depression rating.
2. The other possibility is that the VA is "pulling a fast one" by dropping your Hallus. I wouldnt put it past them. That way, they could deny SC for depression secondary to your other conditions. Then, if your depression were secondary to hallus, you would have, in effect, gotten a "secret denial" of your claim by them dropping off parts of it. In my case, they "dropped" my depression part of the claim, then when I complained, they (eventually) awarded depression, but made the effective date of my complaint! Now, I am appealing the effective date of my depression, trying to get it awarded when I first applied for it, not when I complained that they didnt do anything about it.
Bottom Line: The VA deliberately confuses your claim, and drags it out for years, in hopes that you will either die or give up on your claim.
You are on it! This proves there are good caring people here willing to share hard earned knowledge.
Yes by the letter it does demonstrate that it is in VA Developement. Don't you know it took moving heaven and earth to get that ball moving, since I have been working this for more than a year. Had someone had just taken half an hour to help me develope a coherent claim and given me a clue on the process. But since that did not happen, and yes I did join the DAV a filed through them, the claim was reopened on the incorrect form, got all jacked up, but finally consolidated to a more managegable format.
1. The part about the VA removing Pes Planus Left was done back in the 90's and it was choice 2 as you pointed out= VA pulling a fast one. There was no medical evidence that it had improved, and had been approved SC in 1990 10%, but I was willing to just let it go, and guess I will continue to let it go since I have enough problems without complicating it more.
2. "If I understand your question, you are asking how to determine the status of your depression claim which is secondary to other conditions"
The Psychiatric claim (part 1 of 3) is in fact part primary and part secondary:
a. Primariy due to an event during service.
b. Secondary to injury incurred during service which is part of this claim and clear on 2 MRI's a year apart and connected to my service via emergency room and progress notes.
3. Parts 2 and 3 should be working properly since I have completed QTC Examinations on both.
But yes, that is the issue How do I determine where the revised part 1 psychiatric/depression is in the VA system?
I have submitted the following and DAV submittal receipts for them:
1. 21-4138 (Statement regarding VA Psychologist diagnosis and progress notes connecting revised item 1 to a service event and statement regarding the psychological effects of the back injury and reduction in mobitlity.
2. VCAA NOTICE RESPONSE
3. 21-4142 Authorization And Consent
Asheville VA Medical Center Dr. XXXXXXX is my point of contact for relevant Psychiatric information.
Connection for low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy), lack of mobility and severe pain.
4. Asheville VA Medical Center Dr. XXXXXXX Diagnosis and progress notes.
I guess the IRIS is worth a shot but like you said that may or may not be accurate. I have tried the 800 number on a couple occasions and that is meaningless. They can tell you anything at all and what proof do you have that you even talked to them, much less if they have the slightest idea what they are talking about. I have witnessed that myself.
But at least after I get that psychiatric/depression QTC examination or whatever it is they decide to do with it I should be able to wait on a decision then design a plan from there. But again, in my experience, there is nothing inducing the VA into moving on anything.
Give up, NEVER!
Die, possibly!
If I drive a couple hundred miles to my VARO could I get a current accurate update on my depression/psychisiatric portion of my claim or just a stone cold shoulder? I mean do they have an employee to deal with off the street vet questions regarding their claim?
Hopefuly they will finish my claim because they are tired of jacking with me, sure wouldn't be because they take pleasure in a job well done.
I have 1 other question but will post it separately
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wtf? Bad enough we have to learn VA speak but Buno? Bump? Guess it's "my bad." jmo
Isn't that something! I want to thank you for the moral support. This already makes me feel like a moron, then this only compounds the problem. I mean it doesn't exactly give you that additional confidence to continue the struggle.
But on the other hand it does help knowing there are a precious few that do sympathize.
There will come a day when I have amassed enough knowedge to be of help to others and I will not belittle others just starting out looking for help or assume they know what I know.
Sorry for the rant, just frustrated. But you did help with the moral support.
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I am a little, no let's got with a lot thick. I am trying to get around your response:
Acronym Definition
BUNO Bureau Number
Is this right? what is this?
If you have not looked at your "C" (Claim)File located at VA Regional Office or gotten copies of it you could be spinning your wheels.
No I have not, I have ony been to our RO once, and water boarding looked like fun incomparison. Those were some arrogant individuals. So your recommendation is to go to my RO and get a copy of my claim, then what should I? Compare to what I have been told and what they have documrnted.
If there are discrepancies that are not in my favor who/how do I do about getting that corrected?
Like the long stream before me I am new, uneducated in VA speak/system and dependent on those that have been there before me.
Thank you very much.
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My question is how do I go about determing the status of the last portion (item 1) of my 3 item claim which I reopened through local chapter DAV Representation in April 2008. I started with 30% SC
Disability which consisted of:
1. HALLUX VALGUS, LEFT STATUS POST BUNIONECTOMY 10% FROM 1/04/90
2. AETERIAL HYPERTENSION WITH CARDIAC ARRHYTHMIA ON MEDICATION 10% FROM 1/04/90
3. HALLUX VALGUS RIGHT STATUS POST BUNIONECTOMY WITH PES PLANUS 10% FROM 1/04/9
4. HIGH FREQUENCY HEARING LOSS RIGHT EAR 0% 1/11/91
The VA removed HALLUX VALGUS LEFT in 1990 for reasons unknown but i did not disagree simply to avoid any further bureaucratic wrangling even though I am VA prescibed shoe inserts for bilateral
HALLUX VALGUS.
The current reopened claim, written verbatim, as instructed by my RO DAV Legal Representative is:
1. Service connection for depression, to include panic attacks secondary to service connected conditions.
2. Service connection for a low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy).
3. Increased evaluation of all my service connected conditions.
I have completed QTC examinations regarding 2 and 3.
I did not think item 1 through, 1. Service connection for depression, to include panic attacks secondary to service connected conditions. I followed the DAV instructions blindly, which brought
about the following incorrect result:
From VA Letter 318 /DEV1 /SCS 16 DEC 08
"We are working on your application for service-connected compensation for depression to include panic attacks secondary to service connected conditions of hallux valgus, left status post bunionectomy with Pes Planus, high frequency hearing loss right ear, arterial hypertension with cardiac arrhythmia on medication."
This equated to the VA as my pyschiatric disability deriving from:
1.Foot problems
2.Cardiac anomalies
3.Hearing loss
Current claim item 1 revised by myself:
To correct this inaccurate submission I submitted via registered USPS to the VARO and my DAV RO representative and informed the VARO via the IRIS Sytem (copy of DAV submital received) :
1. 21-4138 (Statement regarding VA Psychologist diagnosis and progress notes connecting item 1 to a service event and statement regarding the psychological effects of the back injury and reduction in
mobitlity.
2. VCAA NOTICE RESPONSE
3. 21-4142 Authorization And Consent
Asheville VA Medical Center Dr. XXXXXXX is my point of contact for relevant Psychiatric information.
Connection for low back injury (spinal injury on active duty) with radiating pain into the buttocks and down both legs (peripheral neuropathy), lack of mobility and severe pain.
4. Asheville VA Medical Center Dr. XXXXXXX Diagnosis and progress notes.
Since I am new here I really don't know where to post this question and request any advise I will post it here. I would appreciate moving it to the proper forum if this is wrong. I would approach my DAV representative but they do not respond to my queries, hence I turn to my peers for help. I prefer to be self sufficient and hate to ask but I don't see a way arond it. I do not have the knowledge yet and this may be time sensitive.
To restate the question: how do I do determining the status of my revised psychiatric portion (1) of my claim? As in if there will be a QTC exam or how does it work? I do not have a clue. Any help would be great and would leave me better off than I am.
PS: Sorry this is so long and convoluted.
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My advice is for anyone who fears these things to ask for consious sedation. The last time I had a severe reaction and my heart rate hit 0.
Not to scare anyone but it happens fairly often.
J
Oh sir! They have offered me cortisone injections for both bilateral post bunionectomies and S1 nerve root problem, and am scared just plain stiff about anything the VA passes through my skin barrier. But flatline? I don't think so! I can muster up the guts to do whatever is called for when it is called for but sorry, you are a better man than me. They offered me the surgery route as secondary for the S1 problem which I am in complete accord with the gentleman that said if you can still move and stand the pain put it off.
As long as I can put on my own pants on and live some kinda normal life, no surgery or injection for me and I would tell my own family the same thing. Heck, on the fron page there was a subject regarding VA/colonoscopy/HIV. I pesonally got Hep C, went through the interferon, when that was all there was for treatment, and got cured, but since I have never been an IV drug user, the only place that could have come from would be the active duty surgeries, vaccinations, or the VA stuff. Lesson I got was avoid anything that breaks your skin. some people don't give that enough credibility but you take a chance. Ask any Dr. Do not understimate the risk!
just my take on it, some things are worth the risk, but just something to conssider.
Thank you for the flatline info. I had no idea!
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Berta this is just to finish this thread off,
"as NSOS they have very good ones and lousy ones-and most of us cannot tell which is which when we start out with our claims'
That is such a sad fact and a very difficult for any new person walking up to the system and discern the two especially the RO representatives who in all likelyhood you will never actually meet and if you choose poorly as I did you will never meet them because all they are interested in is meeting their pay checks and counting the days to retirement. Additionally Once the decision is made I personally have found it not possible to shake it.
Fortunately the answer for at least me is not require them at all and allow them to continue collecting their checks without interfering with their daily routine. The very reason I am here is to learn more and become more self sufficient and once sufficiently educated I won't hesitate to help others avoid the mistakes I made. Had someone with the proper knowledge taken me aside and told me how to develope/manage a claim it is unbelievable how much simplier this would have been. I will reinsert myself back into my local DAV chapter and try to prevent this from happening again. I liked the guys at the DAV but given the situation I decided to leave, but I know this same scenario is being repeated way to frequently and I will do everything I can to prevent that.
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Berta as you know I am new to this site but it doesn't take a genuis to figure out who are the go to guys. You, T-bird, and purple are obviousy players in this veterans service site. Thank you guys for your service on this site, which the more I learn is more and more important.
Of course not every DAV mission is worthless. that would be stupid just as saying every VA empoyee is my hero. I'm no genius or I would not have described my stupid moves above. But with the DAV it has gotten a little personal just as it has with them regarding me. But having stated their miserable failures I would be among the first to recognize their successes, such as the Van program. My situation just got complicated due to my lack of VA knowledge and the advise from my particular DAV chapter which snowballed to a situation that no NSO wanted to deal with.
As far as the VA goes, my experience is that they have treated me very well medically. But it just so happens I was in Winston-Salem and decided to see what the enemy camp looked like, just a little forward observer recon. I mean that place was disrespect incarnate. I was just going to drop off a piece of paper, they had the muzac turned up a little loud and apparently someone from a cubical that I didn't see or hear had said some thing to the effect he would be with me when he had a chance. Since I didn't see or hear him I just started talking to an employee I could see. Well, the shock and awe commenced. So no I wasn't implying all was great in VA land but by and large the medical folks and the paper shufflers have done right by me, and I mean me only. wouldn't speak for anyone else, just like I wouldn't use a broad brush to paint the DAV, just explain my own personal experience.
The sum total of all this is in complete concord with you guys, learn the system, do what you can for yourself, and help others that are in a situation that doesn't allow them to help themselves.
Thanks for your replies
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Hey there purple. I found that out later in the process. The claim I initially reopened (already had 30%) through the DAV was based on the misconception that I was only applying (adding) 1 physical injury. Not one person bothered to tell me when I opened the claim it opened the entire claim. The VA sent me a list of about 13 items which I had a response time limited form which required 21-4138 etc for each item connecting it back to my service. So I ended up pretty much on my own, which is fine but I would have appreciated somebody from the DAV dropping that bit of information on me, heaven forbid help me build a coherent plan. But since this all came as a surprise it was a hole I had to dig my way out of. And for that I gave the DAV 120 dollars. Don't you know it was all my fault. The reality as I came to know it was they (the DAV) could not possibly care less about me, my claim, family, or anything about me except I am sure they would water board me given half a chance.
Back in 1990 I had no idea about the VA or VSO etc, and just went to my local VA outpatient clinic, asked, filled out a few sheets of paper, they sent me to a couple of exams, the end. Finished. I have no problem with the VA at all. Looking back, they jerked me around on a couple of items but I just let it go because overall I am grateful to the VA and they have saved my life, so no VA bad mouthing from me. If I knew, what I know now, I would have ignored the advice to get a VSO representation. You are right, I agree. Do it yourself, but since the claim got all jacked up due to me following blindly the DAV I pretty much was forced to work through them. If I had it to do again. No way in $@%$@#$%.
The VA has always been pretty straight with me. Had I gone directly to the VARO in Winston-Salem and talked to them, then submitted the required documentation after they explained the full process and what exactly it meant when I reopened the claim it would have been so much easier. Really, I would have probably gotten up out of the chair and carried myself home. But that's all woulda shoulda stuff.
Bottom line is you and bertha are exactly correct. Do it yourself. Who cares about you more than you. It sure ain't the DAV. That's MHO.
I finally have it down to 2 QTC exams completed, submitted Psychiatric claim 21-4138/21-4142/VCAA Notice/VA DR. Diagnosis and progress notes connecting it to my service/ so waiting on whatever happens after that. You can rest assured I would have a better chance of winning the lottery than contacting my DAV rep by phone and they go balistic if I fax them, so I just sit and wait. Will wait a month or so them ask through their IRIS system where the psych claim goes from there. If anyone has some experience with this area it would really help to share that with me, rather than have to sit and guess.
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Welcome aboard -As a claimant myself many times I have found a few things to be true-
1.I am the best rep I will ever have-
no rep or NSO I had ever took time to fully comprehend my claim-or offer good advise-but
they sure were quick however to take credit for the awards.
Then again there are some excellent reps out there as well-
2. Congessman Filner has been looking into my claim. I appreciate that-but I didn't ask him to-I have other issues I have brought to him since 2007= that I want him to help with-involving all vets and widows not just me-he is looking into it I guess because of my H VAC testimony a month ago.
3. The only thing that makes a claim succeed is medical evidence and an established nexus.
Congressmen and women cant provide that to VA for any vet and they often don't have a clue on the VA claims process anyhow unless they are members of the H VAC.
Even the President himself cannot generate a SC award.
It depends on medical evidence,current documented disability, and the established nexus.
If you have all that, at some point you will succeed.
Hi Berta, thank you for the reply. It appears you have been fighting the beast for awhile and have a considerable body of knowledge to draw on.
We are in 100% agreement that we are our own best representatives! My problem was that I went into this I was blind and dumb, expecting information and assistance be handed to me on a silver platter, if I thought about it at all. That was oh so stupid. Next problem is the body of information is not insurmountable but starting from knowing nothing with no and wrong advice coming at you is just crazy. It is like Thoracic surgery, that is easy if you know how. But it's the getting there, the knowledge you need to defend yourself is "a" tough part, all the while I had no idea I was in a battle.
My experience, which I agree with you and hope our elected reps, such as my case Senator Burr and Congressman Schuler have more to do than dwell on individual claimwork. Having said that they do have sections or individuals tasked to do VA Claimswork, with VA liaisons and as they put it a parallel effort rather than supplanting my representative of record, such as the DAV. To date I can't say they have done a single thing for me aside from giving me a shoulder to cry on, got a folder, put my name on it, then put my faxes in it. I suppose they also have an email folder too. But actualy bringing about a QTC exam or anything else, well nope. I have plain given up on the DAV. They would rather execute than help me.
The real problem and I bet many other vets need their help upfront. That would have helped so much and would have saved the VA, DAV, and the Constituent Services Representative a lot of time. If someone with knowledge would have sat me down, took 30 minutes, asked me a few question, listen to my narrative, then explain a plan. Just that would have solved all my current problems.
That is exactly why I joined the DAV and handed them 120 bucks. I would have felt much better donating that to the Salvation Army. At least I know for a fact they will help people in need. What I got was a claim reopened on the wrong form, I thought I was only adding 1 item to my current 30% claim. The DAV CDR never told me different till I started getting requests for information, records, forms for release of records rom the VA. Well from there it went straight down hill, opening and reopening my claim, and the regional dav rep. went off the deep end and had the people skills of a smackdown star. He actually told me not to respond to them.
My problem has never been proving a nexus or service connection, it's all procedural and no body at the regional office to put my claim togrther, and making sure the form and records are submitted. I have all the proof I need but absolutely no representation. If there was a chain of command for the VA or DAV it's beyond my reach.
Sorry, this is not the place for this. this is just suppose to be howdy so I got of track, but just a few minutes at the beginning would have done so much. I hope I just had some bad luck and others fair better. My only reccommendation would be is to know that when you open or reopen your claim it's all, not just one item, and learn the forms 21-4138/21-21-4142/VCAA Notice. Who knew? Not me and for 120 bucks seems like would have bought that, but evidently not. so be ready to fight your own fight and the VA IRIS system is your friend, especialy when you don't have a representative.
That enough whinning yet? Berta, if you have any more ideas on how these things should start I would really like to hear it. I'm no genius, just recounting my experience. And don't get me wrong, I should have done more homework and known what I was doing, which I clearly didn't have a clue. But I thought I was going to get some correct advice from the DAV. Shows how much I knew.
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I'm am introducing myself as I am sure I am just one among many that have encountered a bureaucracy that is beyond anything many have ever ancountered. I worked for the Army/DoD as a DAC after I finished 6.5 years as a gun bunny active duty so it's not like I don't have a clue how bureaucracies work, the size of the work load of the VA and National Service Officers and I do sympathize with their task.
But here is the "but" for me and my mini story. The entire process from trying to find a Veterans Service Organization that I am compatible with to the VARO has been absolutely adversarial. From every contact with my DAV representative, when in a blue moon you can actuay cantact them, it is clear they are doing you a favor. I have been told point blank by other VSO's NSO's that once you have selected a representative and opened or reopened a case they will not take it bacause as I was told they woud be at a disadvantage. Really of the entire pack the Winston-Salem VARO have been as accommodating of any person/organization I have had to endure.
If I knew what I knew then, more than a year ago when I reopened my claim, I would have never touched this. This has been one nightmare to another, with no end in sight. Contact your Constituent Services Representative Asheville Office of Congressman Heath Shuler and they will pay it lip service, claiming they do casework and have a VA Regional Liaison. The reality is they accomplish absolutely nothing tangible. Just I'll get right on that/keep me informed. They have done nothing but open a folder with my name on it, just like the DAV except the DAV is outright hostile.
Im 1990 The VA blindsided me but at least they were civil and I just let it go, but it has gone from day to night. What happened?
This is intolerable. They, meaning both the VSO's and the VA seem reponsible to no authority and are well aware of this.
Pease tell me it is just me! I don't want to think every vet has been treated like I have.
New Va Website For Iraq And Afghanistan Vets Only
in VA Disability Claims Research
Posted
OMG I couldn't agree more but I believe this is all rhetorical and where the rubber meets the road, it will all be the same.
As stupid as this sounds when I got out of the service all they showed me was the door. It was many years later when an old vet I worked with in the Dept. of the Army pulled me aside and told me what the VA was and some of how it worked. so caqmpaigns come and go but one vet with another vet cannot be replaced.