cannoncocker

I wish there was a way to cut through the nonesense when someone is obviously in such mental and physical pain like this. I know the back pain you experience can be so transfixing. For crying out loud moving is out of the question. Please just endure and concentrate on the finish line. I know good things are coming your way. All things change and the victory will be all the better. You are in my prayers.

I can afford that and understand exactly where you are coming from. I am not whining they won't help poor little me. I agree 100%. Who needs em. They can keep the money they ripped me off for but yes I'll get the book, the nexus ltr. and move on. Just hate to see history repeating itself, that of course is how they make aliving, dangling the bait, well bait and switch seems to be appropriate. but no, I don't need them and I tell anybody that slows up not to waste their money. They will take your cash and feed you to the sharks. And no that is not just my humble opinion. That is many's humble opinions. I doubled my rating and did they lift a finger, no! they told me to stop sending them paper and don't respond to the VA. Excellent menu for failure.

what you say is undoubtedly true about the VSO's at the RO's are more informed and in a physical location to help you. Further just because I had a bad experience would be really stupid of me to paint them all with ze broad brush. My personal problem is from the get go, the local DAV cmdr. applied for my claim on the wrong form. Ok fine, no harm no foul, but at that point i really had no idea about this system and how/where/what made it work. So in fact I needed someone to hold my hand through this maze. I would hope you can tell by my writting that I am not arrogant nor do I think I know it all. I am not and do not. Bt I am smart enough to know when I am out of my league. So I sent in documentation, SMR's and VA record via cert., return rec. requested till they were ready to water board me. They flat out told me not to respond to the VA, I asked them do not respond, they said you will know what to respond to etc. Do not send them any more paper. Now none of this would have occured had they responded to my phone calls, or faxes. So they just ignored me till it smowballed into a big mess. I submitted a claim for one thing. Somehow it turned into about 11 items, some of which like residual from the flu or similar. I told them I didn't even know what that was. So now I have no choice but deal with the guy at the DAV Asheville VAMC since the guys I sent all the money to will not answer my calls unless I go to their supervisors supervisor. I pay for that. I wish some place somebody had wised me up to that scenario. I would have researched this then moved on it. I learn fast so I doubled my rating out of the gate. Not being what I initially claimed. That is what I am DRO Hearing for. Back on topic, we really need, or more accurately, it would be beneficial to many people that were in my position to determine what is best for them. I have contacted other organizations but as soon as they hear the DAV has my power of attorney, click, game over. Hear I am, getting ready to defend myself and the DAV is nowhere to be seen. Would you reccommend them. Even if they are put out with me, as long as I am civil, it seems to me they are obligated to assist me since they have my money and done zero for me. Seems like a refund would be in order. If someone from the DAV reads this then feel free to pm me and I'd be happy to provide you the facts. I am glad you have found a source of definitive info but you already pretty much know what you need to know. I can assure you that is the exception and not the rule, and the DAV could not care less. Need a place to put this and opposing views, which I hope are out there.

The exam was done in Durham VAMC during consulte so I will call their pt. rep on Monday on the off chance they have a copy, which I can hand pick up anlong with x-ray, check my local asheville VAMC, and failing all that I'll put in an IRIS request. I presume their is no major hurry on this since the request for DRO conference is only a month or two old. Thanks. PS done so much writing I'm getting lost but the QTC was off campus. So I'll put in an IRIS request for that

I agree if I was planning on using that solo, but on the other hand I did not tell him to write down the options I wanted or was part of my medical history. Actually the whole thing was them. The reconsideration denied any epidural injections or surgery which are listed on that. Those definitely are not part of my medical history, only options they offered. Since I have the letter of approval for injections on fee basis that I declined along with the surgery. I'll pass on both. I can assure you that I did not tell them that my leg pain originated from a pinched S1 nerve which is also documented on the MRI evaluation, nor did I tell him I had herniated discs. the MRI's clearly show: protruded, extruded, degenerated ......discs. Did not tell them the numbness on my thighs-bilateral was from groin nerves. I have had doctors specualte on that from pre diabetic to things I can't pronounce. They have no idea about that. Other parts could be interpreted as my words and they just wrote it down in the middle of my options. Why they would do that is curious since he pointed out how he could tell an old injury from and new injury by the color of the disc fluid which presumably whoever I get to do my nexus letter will be attune to. This sounds like a DRO Hearing and you guys are trying to help. I don't mean it that way but do want to know how to responde and don't want to be suprised. Like the saying goes in law, don't ask a question you don't already have an answer to. Thank you for the critque and I will use that in my planning.

Really do appreciate your reply. Your reply is exactly why I posted this, that is to get an idea of what that meant in terms of relevance to my claim because on their reconsideration they basically said 180 degree opposite of what that said, saying only conservative treatment, which was my choice, not his directive. But anyway my plan is to take my SMR's which consists of ER notes and unit aid station notes changing meds, 2 MRI's, and radiology evaluations for both MRI's, possibly notes from that consult if that would add to my claim, then find someone on the cheap side (haha). Maybe chiropractor or neurologist depending on cost, in my area to write a nexus ltr. Hope that sound like a reasonable plan. Where on this forum can I find the variations of language required for a good nexus? Or is that it, I have reviewed XXXXX records and find that his current condition XXXXXXX is/more than likely/possibly/more likely than not. I want to make it as simple as possible for the reviewer and want to provide them with an example of what I am looking for. My VSO as usual has been of zero value in this regard but why break a trend now. Nope, I wasn't planning on that being my sole evidence but being a Safety and Occupational Health Specialist trained by the Army, I would think the NIOSH lifting table would at least provide some connection between Herniated discs and Degenerative disc disease and sciatica from pinched S1 would provide an accepted standard which should not be a stretch to see the connection between that and repetetive lifting of projo's from ground level to shoulder level that weighed about 1.5 x my weight x 6.5 years. Good/bad/thick as a brick?

Second page states " pain in leg because/began ? in service and did not improve. This is what he handed me and I have an approved fee basis letter from the asheville VAMC to corroborate this note. As in it isn't just something I wrote, they followed through and I did the PT and meds and declined the needle in the back and surgery. will this carry any weight at my DRO hearing? Evidently they ignored it on my requests for reconsideration. Note attached front and back on their stationary. what I actually told them the leg pain increased in 2005, when I began seeking treatment, but my MRI's absolutely demonstrate pre 2005 back injury as explained and pointed out by the doctor referencing light and dark disc fluid.

I am sure this has been asked ad nauseum but I can't locate the specific answer. How do I go about getting a copy of the QTC C&P Osteo exam for my current claim that I have a hearing being setup for? Thank you for any help.

You are my genius of the day! And that is exactly my (not very) covert point. They are lazy useless SOB's in my experience. I just wish I could have gone to this forum and looked up XXXX VSO and gotten the drift that you are on your own and if you expect someone on God's green earth to help you other than the members here, for free I might add, you iz sadly mistaken, wasting your dwindling cash, an deluding yourself. I think people should know and that information should be readily available. I have a DRO coming up. I would be as well off sacraficing a goat in my back yord to the lord of VA's than call my VSO, as if he'd take my call. They will send you a letter on ocassion when you won on your own. No Phillip, that is not just your opinion, as a matter of fact the majority of vets I have spoken to agree with that assessment.

It would have been very helpful to me and I suspect many others to have a resource based on members experiences and recommendations on which to base their selection of a Veterans Service Organization specifically rating the members assistance received on their claim from the organization. Not a place to flame any particular organization but to give specific examples and facts both good and bad. I have found that once you have chosen a VSO and signed the power of attorney it is difficult if not impossible to change organizations. I could have saved myself much grief had I known from the beginning what to expect and the experiences of others, in particular in specific geographic areas since service would vary from VARO VSO Office or even local chapters. That would have saved me much time and money had I known then what I know now. I hate for that knowledge to go to waste. I am sure many members have much to contribute in this area. Just a suggestion

By and large they have been forthecoming, but you are seeing a snipet of a long stream of back and forth. It has in no way been a giveaway. The IRIS post prior to this one resulted in no response at all. I haven't received an SOC yet, they are just saying I will (maybe) receive one after the DRO Hearing. Please don't take my usual ranting the wrong way. I really could just walk away from this as is because I have a tight family and they would take care of me buck naked standing at their door. I just have this bizarre sense of justice and will not be steam rolled. The W-S office by and large has been pretty decent. A little on the low ball side but acceptable so I am not appealling everything I sent in. Just one thing. I also point out they approved one item just 10% below the unemployability cutoff, and deny an item which is clear to a blind man. I never claimed to be the sharpest tool ....but for crying out loud, I know a plan to an agenda when I see one. I have much more of a beef with the so called VSO operation. If they aren't in bed with the VA it is a sure good mock up of it. I have had to go to the top of my so called VSO organization to get a ball rolling and that lasts just long enough to get the heat off them. Few days later, shoes off and feet back on the table. Calling their office comes second to walking barefoot through a field of cockleburrs. It makes you want to jump out of a window hearing how miserable the receptionist is...... The IRIS system has been the saving grace IMHO and in my limited experience. It seems to get other eyes on the issue therefore get a response. I don't demand they agree with my point of view at every juncture, only that they communicate and play by the rules. Here recently had they communicated, a few sentences and my issue would have been clear and no problem. John, if they, well not if they, of course they are going to make me fight for it. Same thing with property tax in FL and SC, they jack it up, knowing x% will never even look at the ltr., x% will just put it in the too hard to do box and accept the increase, then the few x% will get up and go to the appraisers office and raise Kane. They have a predetermined fall back position they will give up immediately, which I usually go for, but it could go on. I will see how fair the W-S VARO is at the hearing which I will be standing at alone. I have donated about 225.00 to the DAV and as I mentioned before pigs will fly before they get up and provide me any moral support at that meeting. But alone I will stand and I will be ready. I just consider that 225 bucks as a donation to their van system that hopefully will get a few vets in need to the doctor. Another rant is that Asheville VAMC. I have been going there for about 2 years and have had about 5 different doctors. Terrible service. Dorn in Columbia, SC and the Pensacola FL clinic were both excellent. So it is a dice roll. This Asheville bunch will change your meds and you won't know it till you open the bottle. Cattle comes to mind. tagandbag I wish you better luck at your VARO but in my experince using IRIS leaves a trail they can't dodge and you have it in writing which you know in any beauracracy is rule one, don't write it down. I think we need to look for another description than "funny" how claims track. I find myself very seldom regarding this. Making you go out and spend your own money for nothing other thsn they have a quota and aren't concerned with the merits or reality of the claim.

I haven't had the DRO Hearing yet but will come bearing new evidence (IMO) and the chronological evidence I intend to rebut their denial, which was the VARO ignoring presented evidence which I can debate with them mano y mano and corner them in minutes. As far as I am concerned My MRI and the NIOSH lifting chart ought to do but I don't plan on just relying on that and their own Neurolgists written notes. I'm not really sure what category i would fall into. They have reviwed my claim (request for reconsideration) on the lumbar injury and rubber stamped the denial and gave a wink at the new evidence which primarily ignored it. But no actual SOC has been issued, just waiting on the DRO Hearing, which I have some work to do so not in a big hurry on it. Material defect yes on their denial but no SOC yet so It looks like I am still in the SOC category although they have reviewd their denial with new evidence. As I see it, the W-S VARO just plain doesn't plan on giving me 100% without a knock down drag out. Evidence just be Dam...... thanks PS for instance they rated my sinus tachycardia at 30% which just happens to be one jump below the unemployability cutoff IAW my DAV REP.

I have basically the same issue as you, but primary cause of chronic anxiety from service related incident and secondarily from pain from back , currently under DRO review, along with other current SC pain generating issues. Result: Kiss off, chronic anxiety not in service records, which if I wanted to stay a crew chief in tactical nuclear weapons I wouldn't go on sick call due to emotional instability. So they just said not in SMR's, click. I let it go and followed what was in my records but I had zero luck on that. Maybe if I wanted to chase it to the four corners of the earth but I chose to devote my time and money on a more tangible claim. Obviously others have had different results and I hope you do too.

Thank you john, the was exactly what I needed, the in context. I already had a definition: http://www1.va.gov/opa/is1/12.asp Which gives zero information on how it is relevant to me. Very useful and hope so for others.

Clown Man's opinion is exactly my opinion: "remember, it is your claim and no one is going to care about it like you would" which I plan on requesting a DAV VSO Rep join me in my DRO hearing but I am not holdiing my breath on that. IMHO they do many good works and have I am sure many good people. I personally meet zero to none of them. So I and would suggest, exactly what I am going to do, depending on your condition to travel and confront an advesarial group or person, is to request your VSO accompany you to the hearing. That may or may not occur. I will obtain an IMO, even if it is just a ambulance chasing chiropractor ( nothing in particular derogatory-just a money factor and traditional opinion that you can bet won't be lost on the Hearing Officer), gather all MRI image Disc's/MRI evaluations/Consults/whatever you can get, then assemble in a chronological comprehensible way to display to the hearing officer/s with as little /I said she said sort of things as possible. Irrefuteable facts. Practice your presentation. I hope any part of this is of use. I have useful experience with PTSD so I will bow out on that issue.

I was a Safety and Occupational Health Specialist after my 6.5 years in Field Artillery. Trained by the Department of the Army and certificates for the various areas. That is how I knew to include the NIOSH Lifting Table in my claim. I have read somewhere years ago that the military doesn't have to adhere to National Safety Occupational Health Standards in some instances which repetitively lifting objects from ground level to head level that weigh more than you do would probably fall into that category or you couldn't run a howitzer. That still doesn't change the effect it has on your body. So I would assume you could use your experience in that way too. Adding extra consideration by your word alone it would seem rather iffy in the conflict of interest area. It would seem that if you use your knowledge to reference established/aceppted medical practice would be entirely appropriate. Good luck

First, thank you guys for posting our rights! Also I hate to disillusion anyone reading this, but I sent that request in for a DRO Hearing, well I forgot, I didn't use Urdu, but by all means available: IRIS, certified ltr. and this is the result: This message is in response to your inquiry dated August 28, 2009. We do show your request for a DRO hearing. We are currently working on getting that hearing scheduled. The Appeals Team at our Winston-Salem Regional Office will contact you regarding this hearing. No SOC will be issued until after the DRO hearing. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, So they were sitting on it hoping I would drop dead or whatever or were just backlogged but zero correspondence till I Inquired. Up to that point is was simply no, move along, nothing to see here. It would have been nice had they told me their intentions/next action in this maze. but oh no. You guys were right though, spot on. The VA just didn't confirm that they were going to adhere to the rules. I don't just assume they will do the right thing/adhere to their own rules. I do have 1 further question regarding a "SOC". What exactly does that entail? Revealuation of my entire claim or only the denied claim item for which I requested the DRO hearing for. Still paranoid regarding retaliation and reducing claim items they just increased. Or to do that would they have to reschedule another C&P or just arbitrarily assign any value they want to get the desired total they are looking for. Simply, I may be right, but that doesn't alone make it end up right. Another way of stating it is: I don't want to jump into the frying pan into the fire. I am pefectly perpared to debate this any time, anywhere, so that is not an issue. I'd be a goner without this forum and the members.

this is what I entered into the IRIS system attempting to obtain the following: Before I obtain an IMO and complete VA Form 9 selecting BVA hearing I request: 1. Statement of Case (were the two mailings referenced above the Statement of Case?) 2. I never received a DRO review that Is documented as requested. 3. I never recevied the DRO personal conference. So far all I recevied was another written denial. Am I not legally entitled to a DRO personal review and conference if requested, which I did? If not I will accept that and move on in the appeals process, but I would still need clarification on the Statement of Case (SOC) or (SSOC). This was my entry into iris ********************************************************************** I have received 2 packages from the Winston Salem VARO. Mailing 1 1. Dated June 22 2009 Rating Decision Introduction Decision 2. June 23 2009 318/YRO/VAB CSS XXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX Dated 30 June 2009 1. I replied to the above decision in consultation with my DAV VSO Representative on form VA Form 21-4138 Seeking Reconsideration for my lumbar spine injury. a. W-S VARO Acknowledgement of receipt of my written disagreement with Department of Veterans Affairs Decision of June 23, 2009. 318/213/PAD CSS XXXXXXXXXXXXXx XXXXXXXXXXXXXXXXXX Additional evidence regarding Lumbar Injury Denial b. W-S VARO Acknowledgement of receipt of my election of the Decision review Officer (DRO) to handle the appeal. c. IRIS [inquiry: 090702-001052] 7008 2810 0001 1824 0040 date 03 July 2009 evidence 7008 2810 0001 1824 0033 dated 06 July 2009 evidence Mailed USPS Certified Mail with Receipt copied in previous post in this inquiry for Request for Reconsideration Denial (Medical Description: Lumbar spine injury with radiating through buttocks and down legs). Response directly to 318/YRO/VAB CSS XXXXXXXXXXXX XXXXXXXXXXXXXXX DECISION Dated June 22, 2009 enclosed Durham Neurology Dept. Notes d. IRIS [inquiry: 090727-000693] I select in consultation with my DAV Representative Mr.XXXXXXXXXXXXXXX Asheville VAMC DAV Service Officer (828) 298-7911 EXT.15349 option 1, the Decision Review Officer (DRO). e. [inquiry: 090802-000091] Currently your appeal is still pending review with the DRO. During this process, the DRO will review all evidence, arguments, statements from your representative, and any other pertinent information as it relates to your claim. At times, this can lead to a request for additional evidence. In addition, the DRO may request you participate in an informal conference with the DRO to clarify questions regarding your disagreement. f. [inquiry: 090807-000262] Dear Mr. XXXXXXXXXXXXX This is in response to your inquiry of August 7, 2009, regarding your VA benefits. We are able to assist you with both of your requests. We have forwarded your inquiry to the appeals department at the regional office to request a hearing with the Decision Review Officer (DRO) be scheduled. It may be some time before you receive a response to your request, as appeals issues are processed as they are received, oldest to newest. XXXXXXXXXXXXx National IRIS Response Center Manager jmb The appeal process, is when you disagree with a decision the VA made on your claim. At this time you may elect a Decision Review Officer (DRO) reviews your file and issue a Statement of the Case g. submitted Charles George VAMC ATTN: FEE BASIS Approval of epidural injections, which I declined, but corroborates the hand written notes explaining my therapy options and pain orgin from S1 pinched nerve/degenerative diseases/L5S1 herniated disc..... Mailing 2 1. Dated august 19, 2009 318/AUTH/LLS CSS XXXXXXXXXXXXXXX XXXXXXXXXXXX Stated in reference to my request for reconsideration for lumbar injury: The previous Rating Decision denied service connection for a lumbar spine injury....... you submitted a statement requesting reconsideration of this issue. It acknowledged receipt of VAMC Durham reports, this was not a report , it was hand written notes on the Neurologists stationary stating orgin of pain/treatment options/ he verbally stated and pointed out the age of the injury on the 2008 MRI by distinguishishing the dark and light disc fluid leakage which would be apparent to any Neurologist. Review does not show that your current lumbar injury was incurred in or caused by your military service. ******************************************************************************** ********************************************************* Before I obtain an IMO and complete VA Form 9 selecting BVA hearing I request: 1. Statement of Case (were the two mailings referenced above the Statement of Case?) 2. I never received a DRO review that Is documented as requested. 3. I never recevied the DRO personal conference. All I recevied was another written denial which included decisions on 2 deferred items. Am I not legally entitled to a DRO personal review and conference if requested, which I did? If not I will accept that and move on in the appeals process, but I would still need clarification on the Statement of Case (SOC) or (SSOC). I accept denial of my psychiatric claim as I have no in service documentation but that is absolutely not the case for the lumbar injury. Sincerely,

When I got out of the service I went to work as aq supply technician for the Department of Defense Dependent Schools as a GS-5 DAC (Department of the Army Civilian) It was basically primarily open for dependents but if you pumped in the right language, hit it off with the interviewer.....plain luck you got the job. Being a veteran has never played any part in me working for the government. Depending on your age and education i would scour the planet looking for intern positions, though I have seen retirees in intern positions, but again it is who you know. I have to say if you are looking for a job and the hiring authority/interviewer is a lt. colonel and you were a sarg. and the other applicants were all civilians who do you think is going to get hired? IMHO the biggest factor is your willingness to move to where the job is. Apply until your printer runs out of ink. You roll the dice enough and sooner or later. You can't just apply for any job you qualify for, it has to be open, hence an intern position is usually open to most anyone. You would start in some high cost of living area at a low level like a 5 or 7 but the job will be targeted to an 11 or 12. I have had a Vocational Rehab Rep tell me straight up they are not an employment agency, nothing to see here keep moving. It takes determination and being single where you can move at will helps unless you live in ny or dc where it is hard for them to fill slots because they don't pay enough to live on. I had a job as a safety specialist in Bayonne, NJ and my landlord actually laughed at me when I told him how much I got paid as a GS-7. You're gonna have to pay some dues unless you know a short cut i don't, but being a vet was irrelevant other than on a social level.

I thought that joke was directed at me and thought it was funny. This doesn't have to be all doom and gloom. I appreciate you injecting a little humour. I certainly took no offense. So we're all good and back to the topic.

To Berta's post: "I feel terrible every time I suggest to a vet that they should get an IMO. I have dealt with the VA for over 20 years and unfortunately IMOs are often the only way to succeed these days." I did exactly what you suggested, taking the denial line by line. They ignored that completely. They took the new evidence and deleted/cut and pasted/misrepresented in complete contradiction to their own VA Neurologists hand written notes. Who do you go crying to then. All I can determine that: a. Get it out of that reviewers hands b. IMO (one in my area the ambulance chasers use) Your opinion holds sway with me and as distateful as going into your own pocket to counter the VA's lies and misrepresentations what choice do you have. I could go on to the BVA with the same evidence but with the time this will take I feel it is good advise to get the IMO/new evidence up front after gathering the MRI discs etc. and having it all ready to hand to the specialist. I wish there was someone to goto in the VARO that was unbiased and would look at this with new eyes but I don't see that option. Sad but true IMHO.

Was it part of an apprentice program, the chicken coop bit? Seems the order of posts got switched. Anyway quite funny but the end.

I was in Nurses training for 1.5 years befor I enlisted, in an Associate Degree in Nursing Program. I had one Clincial and 1 Microbology class to take the exam and be a registered nurse. Before you say it, Slow car and fast women was my actual major. Actually I was young and quite dumb. But I would absolutely agree, it is all about the experience. Those two classes would have left me as green as a twig. I could have passed the exams but god help the patient i tried to catheterize for instance. Experience,experince, experince. But I suppose they have to use some form of measurement and cut off but you do have training so I see no reason your clinical observation should carry some weight, minus the conflict of interest. QTC. I have seen some that I would pay to see again on my own. Excellent. Others, if I had an infarction in the waiting room they woud just brush me up and deliver me to the dumpster. But they were all qualified on paper. Limited experience though, but it is clear who some were working for and clear they knew who they were working for and wanted to continue to do so. Bottom line, your opinion as a trained care giver should crry more weight than an electrician for example. how that would be implemented? PS I just saw the Berta post and did in my claim post the NIOSH lifting chart, which in field artillery, was engaged in repetitive lifting of projectiles that weighed more than I do, which is in far of excess of the accepted limits. The VARO giggled and told me to go tell my priest.

English! Thank you very much. Convoluted as possible but I do get the concept and can now calculate pretty much any rating. It is a whole nother story about how they come up with one rating, say 10% rating for a bilateral injury rather than rating them separately. Since it is possible to have one injury on one side, and being injured on both sides significantly impacts your life in a different way, and not for the better, compared to a one sided injury. I guess the answer is they can so they do. Which naturally reduces any disability. So what's new? Thank you for that excellent answer.

"To put the blame on a few incompetent employees" I really despise beating a dead horse but since when has it ever been any different in any bureaucracy. You seldom if ever see the people in charge being held accountable for anything. Can you say plausible deniablity? The big dog feeds the little dog and then keeps on rolling, at least in public view. That is how the system is set up and will not change in my lifetime. Of course it is managements fault. Why else do they have the power and influence? IMHO