Cruinthe

So I pass out cards and generally BS with my fellow veterans when I am in the VARO waiting area. I spoke to one young man about his case. After the conversation, a VA supervisor walked up to him and loudly warned him to not listen to my advice, and not to talk to me at all. Fast forward to today, I went in to the VARO to clarify an issue about my DRO hearing. I asked the same VA supervisor about the conversation he had with the young man, and I was warned again that I may not speak with anyone while waiting at the VARO. Anyone have any feedback on this?

Go to the VA emergency room. The structure of VA hospitals is a bit different than a normal hospital. ER VA docs have full access to your medical file and they can function just fine for walk-ins. I have been in the same situation as you, needing an ENT consult quickly, so my PCP doctor told me he could get me in within a few weeks, so I simply walked into the ER and told the docs there the same story, and I had my ENT consult 3 days later. From what I understand, only the ER doctors can request priority consults, so thats the path I would take.

Thanks Berta. I have a VA C&P nurse practitioner admitting to me on tape that I was in danger of developing diabetes. I spent the next 9+ months trying to get an endocrinologist consult. I just saw her last week and sure enough, she gave me a verbal diagnosis of diabetes and she scheduled me to see a foot doctor. My PCP also wants me to see the vascular surgeon this coming Friday. I spoke with my IMO doctor, he asked me my symptoms, then flat out told me "you have diabetes, no question about it". I have taken the VA diabetes training class, at my own request, and they verified my blood glucose at 124...a mere ONE point away from a full diagnosis of diabetes. I think the VA has painted themselves into a corner here, and thats not even considering the fact that I asked for a gastro consult and colonoscopy last year and JUST got it done a few weeks ago, and it showed that I have diverticulosis and a hernia. I wonder what the foot doctor and vascular guy will say when I see them? My feet hurt and burn 24/7 now and I am losing control of my feet and hands. I should get my DRO decision back in 6 weeks or so, then I pay for the IMO and initiate the FTCA. Time will tell!

So 1151 claims are paid as if they were a C&P claim, but what if the person filing is already 100%? I suspect the claim is filed, and if valid is granted, but no payment is made as the veteran is already "maxed out". Or, and I wrong and the 1151 is paid as a monthly disability on top of and separate from the existing 100% C&P payments? Any input would be appreciated!

Well, the DRO is over. In my eyes, it went well, but I admit to having the worms eye view. I was asked by the VA drone at the front desk if I wanted a POA to represent me for the DRO. I had to fight to keep from laughing out loud, but I respectfully declined the offer. Once I swore in and got rolling, the DRO officer simply sat there with a mildly stunned look on her face for the entire 10 minutes. She had nothing whatsoever to add after I finished my verbal testimony and submitted my paper evidence. Her closing statement was "That was very well organized, we appreciate that.". Anyone know how long these things take to process? Oh yeah, I can not confirm or deny this, but the DRO hearing itself may or may not have been recorded with a hidden camera. The camera may or may not have been in my breast pocket, and the camera may or may not record color video at 640x480 with full audio. Perhaps we could upload this video that may or may not exist, with attendant forms, to use as a training video or template for filing a DRO? Provided I get a positive decision, that is.

Have a mint larry, I insist. Safe journey and lay off the coffee.

Thanks for the comments Berta. Going over your questions. I have printouts of stuff, like Shinseki and his training letters and press statements, they will be submitted. Since the new regulations are not specific, I think it would be best to initiate a preemptive strike to force the issue. Better to ask forgiveness than to ask permission. Who knows, we may set a precedent with this later on At the time of my 8-year physical, I was in the national guard. I failed the physical, thus I was not allowed to reenlist another 8 years. At the time I had no idea what an MEB was. I still have no idea if one can MEB out of the reserve component. Once the current issues are resolved, I plan to file for a retroactive retirement from DoD, but that is at least a year down the road. Two of the stronger issues are 1) the Philly VARO granted me service-connection for CFS on the grounds of "presumption", and stated no medical evidence from active duty was needed. The Roanoke VARO did the exact OPPOSITE and DENIED my EED (even with the original 4138 as a matter of record) due to lack of active duty treatment records, and the ignored the issue of presumption. As for 2) its a no-brainer, the condition did not officially exist in 38 CFR yet. Both conditions scream Benefit Of The Doubt and Reasonable Doubt. Even if the Roanoke VARO denies this, the BVA or CAVC will approve it. Either way, I will find out of Senator Webbs office is still in my corner on this cut and dry, clear as day decision. If not, no sweat, there is more than one way to skin a cat. As to john999s question, once I am done with this claim, I will be re-opening my claim for Chronic Prostatitis because I came back from the war with a Line Of Duty Injury Report. Current rating is 40% and I will assert that, upon review of the rating scale, my symptoms were consistent with 40% back in 1991. Thanks again for all the comments, all! I will let ya know how it goes tomorrow.

Glenn XXXXXX 7557 XXXXXXXX Roanoke, Virginia 2XXXX XXXXXXX (540)204-XXXX This is a clarification of the issuesto be introduced during the Decision Review Officer hearing to beconducted at the Roanoke Virginia Veterans Affairs Regional Office onAugust 10th, 2010 at 1:00PM. A Decision Review Officer hearing has been requested regarding my request for an Earlier Effective Date for Chronic Fatigue Syndrome, currently evaluated as 60-percent disabling. A copy of the original VA Form 21-4138 Statement In Support Of Claim, received by the Philadelphia Department of Veterans Affairs Regional Office and dated March 9th, 1993 are a matter of record. The symptoms described are consistent with those of Chronic Fatigue Syndrome. The subsequent denial of service-connection issued by thePhiladelphia VARO dated August 13th, 1993, and ongoingapplications for service-connection for Chronic Fatigue Syndrome arealso a matter of record. A VA Form 21-4138 was submitted in response to a Training Letter issued by Eric Shinseki, Secretary of the Department of Veterans Affairs dated February 4th, 2010. This Training Letter stated, in part, the following; “VA Secretary Eric Shinseki said the decision is part of a "fresh, bold look" his department is taking to help veterans who have what's commonly called "Gulf War illness" and have long felt the government did little to help them. The VA says it also plans to improve training for medical staff who work with Gulf War vets, to make sure they do not simply tell vets that their symptoms are imaginary - as has happened to many over the years.” The above training letter, and statements made by Secretary Eric Shinseki on the matter, confirm beyond any doubt that a problem exists regarding Gulf War related issues. The Department of Veterans Affairs is taking steps to rectify these problems, to include a review of previously denied claims for compensation. Therefore it is requested that my claim for service-connection for Chronic Fatigue Syndrome be reopened in accordance with Training Letter 10-01 titled Adjudicating Claims Based on Service in the Gulf War and Southwest Asia. Special note should be given to the fact that this is a request to reopen an existing claim, and not to be considered a new claim. There are two primary issues that must be given consideration during this request to reopen an existing claim. First, it should be noted that the original request for service-connection for Chronic Fatigue Syndrome is dated March 9th, 1993. The subsequent Rating Decision and denial from the Philadelphia VARO was dated August 13, 1993. However, the condition of Chronic Fatigue Syndrome was not added to the Schedule of Ratings until November 29th, 1994 as §4.88a under Infectious Diseases, Immune Disorders and Nutritional Deficiencies. Second, a Rating Decision denying an Earlier Effective Date for Chronic Fatigue Syndrome was issued by the Roanoke VARO on May 20th, 2010. The Reasons For Decisions included the following statement; “You were not shown to have a diagnosed disability while you were on active duty, symptoms of fatigue were denied prior to your release from active duty, and there was no medical evidence showing the clinical diagnosis of a disability at the time that you first filed your claim for chronic fatigue.” However, in a previous Rating Decision issued by the Philadelphia VARO dated March 19th, 2004 on the matter of service-connection for Chronic Fatigue Syndrome the following statement is found; “Service connection may be granted for specific diseases which are presumed to have been caused by service if manifested to a compensable degree following military discharge. Although not shown in service, service connection for chronic fatigue syndrome has been granted on the basis of presumption.” Initial Chronic Fatigue Syndrome symptoms were consistent with a 20 percent rating from March 9th, 1993 to May 23rd, 1999, and 40 percent from May 23rd, 1999 to January 26th, 2001. On May 23rd of 1999 a military medical evaluation found the veteran unfit for duty due to “failure to meet medical requirements”, thus forcing an end to any further military service. Evidence of this fact is the Form 268 and is a matter of record. The forced termination of military service due to a failure to meet medical requirements should be considered the equivalent of an absolute minimum rating of 30 percent, as defined in Army Regulation 635-40 Personnel Separations, Physical Evaluation for Retention, Retirement, or Separation, Section 7-11. See extract below. (1) Permanent retirement. If the Soldier meets the criteria below, the Soldier will be removed from the TDRL, permanently retired for physical disability, and entitled to receive disability retired pay: (a) The Soldier is unfit. (b) The disability causing the Soldier’s name to be placed on the TDRL has become permanent. © The disability is rated at 30 percent or more under the VASRD, or the Soldier has at least 20 years of active Federal service. In closing, and in addition to all of the above issues, consideration must be given to Benefit of the Doubt as defined in 38 U.S.C. § 5107, and Reasonable Doubt as defined in 38 C.F.R. § 3.102. All statements are true to the best of my knowledge. Please render a decision as soon as possible. Glenn XXXXXX 7557 XXXXXXXX Roanoke, Virginia XXXXXX XXXXXX (540)204-XXXX

So I went in to the VAMC today to talk to my doctor. The person at the computer took my card, looked at the computer screen, then as he was filling out the consult form he put this in the upper left side -- N -- , then the name of my doctor after that. It seemed like the very first thing that the form told anyone that saw it was the -- N --. Now, my doctors first name is Samah, there isnt an N in his first or last name. And my first or last name does not start with an N either. Also, the care group is Group 2, not A or B or any other letter. Could this be a designation that I am a "non-compliant patient"?

This is everything I have on GWI. I would strongly suggest spending a lot of time reviewing the symptoms I am posting here. My problems started as jumble of quirks and minor bugs, then grew into a definite pattern. The three main illnesses are Chronic Fatigue Syndrome, Fibromyalgia, and Irritable Bowel Syndrome. I have all three, but at this time I am only service-connected for CFS @ 60%. Another thing to strongly consider is a hair analysis. You can get them done over the internet and they are pretty cheap too. My hair test came back hot for uranium, and this is after YEARS of very heavy detoxification routines such as multiple chelation therapies, chlorella & spirulina, intestinal & parasite cleansing, and a ton of other stuff. Feel free to message me if you have any questions, and good luck. ********************************************* Title 38 laws on Chronic Fatigue, Fibromyalgia, Irritable Bowel Syndrome (unexplained illnesses) http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_317.DOC or, http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=89bb312d6d613680e34d4df4625d7f3b;region=DIV1;q1=gulf%20war;rgn=div8;view=text;idno=38;node=38%3A1.0.1.1 § 3.317 Compensation for certain disabilities due to undiagnosed illnesses. (a)(1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability: (i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2006; and (ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis. (2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following): (A) An undiagnosed illness; (B) The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms: (1) Chronic fatigue syndrome; (2) Fibromyalgia; (3) Irritable bowel syndrome; or (4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness; or © Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection. (ii) For purposes of this section, the term medically unexplained chronic multisymptom illness means a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. Chronic multisymptom illnesses of partially understood etiology and pathophysiology will not be considered medically unexplained. (3) For purposes of this section, “objective indications of chronic disability” include both “signs,” in the medical sense of objective evidence perceptible to an examining physician, and other, non-medical indicators that are capable of independent verification. (4) For purposes of this section, disabilities that have existed for 6 months or more and disabilities that exhibit intermittent episodes of improvement and worsening over a 6-month period will be considered chronic. The 6-month period of chronicity will be measured from the earliest date on which the pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (5) A chronic disability resulting from an undiagnosed illness referred to in this section shall be rated using evaluation criteria from part 4 of this chapter for a disease or injury in which the functions affected, anatomical localization, or symptomatology are similar. (6) A disability referred to in this section shall be considered service connected for purposes of all laws of the United States. (b) For the purposes of paragraph (a)(1) of this section, signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multisymptom illness include, but are not limited to: (1) Fatigue (2) Signs or symptoms involving skin (3) Headache (4) Muscle pain (5) Joint pain (6) Neurologic signs or symptoms (7) Neuropsychological signs or symptoms (8) Signs or symptoms involving the respiratory system (upper or lower) (9) Sleep disturbances (10) Gastrointestinal signs or symptoms (11) Cardiovascular signs or symptoms (12) Abnormal weight loss (13) Menstrual disorders. © Compensation shall not be paid under this section: (1) If there is affirmative evidence that an undiagnosed illness was not incurred during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War; or (2) If there is affirmative evidence that an undiagnosed illness was caused by a supervening condition or event that occurred between the veteran's most recent departure from active duty in the Southwest Asia theater of operations during the Persian Gulf War and the onset of the illness; or (3) If there is affirmative evidence that the illness is the result of the veteran's own willful misconduct or the abuse of alcohol or drugs. (d) For purposes of this section: (1) The term Persian Gulf veteran means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War. (2) The Southwest Asia theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations. (Authority: 38 U.S.C. 1117) [60 FR 6665, Feb. 3, 1995, as amended at 62 FR 23139, Apr. 29, 1997; 66 FR 56615, Nov. 9, 2001; 68 FR 34541, June 10, 2003] _______________________________________________________________________________________________ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=89bb312d6d613680e34d4df4625d7f3b;region=DIV1;q1=gulf%20war;rgn=div8;view=text;idno=38;node=38%3A1.0.1.1 § 4.88a Chronic fatigue syndrome. (a) For VA purposes, the diagnosis of chronic fatigue syndrome requires: (1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six months; and (2) the exclusion, by history, physical examination, and laboratory tests, of all other clinical conditions that may produce similar symptoms; and (3) six or more of the following: (i) acute onset of the condition, (ii) low grade fever, (iii) nonexudative pharyngitis, (iv) palpable or tender cervical or axillary lymph nodes, (v) generalized muscle aches or weakness, (vi) fatigue lasting 24 hours or longer after exercise, (vii) headaches (of a type, severity, or pattern that is different from headaches in the pre-morbid state), (viii) migratory joint pains, (ix) neuropsychologic symptoms, (x) sleep disturbance. (b) [Reserved] [59 FR 60902, Nov. 29, 1994] 6354 Chronic Fatigue Syndrome (CFS): Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), or a combination of other signs and symptoms: Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care....................100 Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year...........................................................60 Which are nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year..............................40 Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year..............................20 Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication........................................10 Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician. <br style=""> <br style=""> 5025 Fibromyalgia (fibrositis, primary fibromyalgia syndrome) With widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms:<br style=""> <br style=""> That are constant, or nearly so, and refractory to therapy.. 40 That are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time...........20 That require continuous medication for control.............. 10<br style=""> <br style=""> Note: Widespread pain means pain in both the left and right sides of the body, that is both above and below the waist, and that affects both the axial skeleton (i.e., cervical spine, anterior chest, thoracic spine, or low back) and the extremities. 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.): Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress………………………………………… 30 Moderate; frequent episodes of bowel disturbance with abdominal distress………………………………………………………………………………………. 10 Mild, disturbances of bowel function with occasional episodes of abdominal distress…………………………………………………………………….. 0

Well, my VA primary doctor did check the circulation at my ankles, didnt like what he felt, and said he was scheduling me to see a vascular surgeon. Plus, the VA endocrine doctor today scheduled a consult with a foot doctor. Who will actually determine if I have some sort of circulatory problem? I assume it will be diabetes related? Anyhow, I talked to a non-VA doctor and another veteran and we came to the conclusion that A) the nerve conductivity test is no 100% accurate in finding peripheral neuropathy, and B) the VA medical equipment is old and probably hasnt been calibrated in 25 years so dont put much faith in it. I am seeing a non-VA endocrinologist soon, so I will ask him to set up a nerve test and check my circulation. If they see something the VA missed, itll just go into the pile of evidence I already have for my upcoming Federal Tort Claims Act lawsuit. At some point the VA has to be kicking itself for not letting me see the endocrine doctor 9 months ago when I asked. Thanks for all the feedback, people. Looks like I need to take my health a bit more seriously now.

Ok, I finally saw a VA endocrinologist today after a year+ wait. I now have serious pain in my feet and ankles, and burning & tingling in the lower extremities. The endo doc said if my nerve conductivity test came back clean, there is no possible way I have peripheral neuropathy. But when she checked my feet and saw all the discoloration, she immediately scheduled a consult with the foot doctor. So whats up with that? Anyone else here have neuropathy that cant be seen in a conductivity test? Thanks in advance!

Thanks for the support! I will know more tomorrow, and I will keep everyone informed.

http://www.veteranstoday.com/2010/06/23/veteran-awarded-600000-for-va’s-failure-to-refer-him-for-medical-treatment/

For about the last 6 months I have been having the foot pain, as I said, but also my toes always feel like someone is bashing them with a rubber mallet. My toes are bruised from always smashing into walls, the refrigerator, the toilet or tub, you name it, my toes have slammed into it. I dont feel like I have complete control of my feet anymore. Plus, I have noticed I am making A LOT more mistakes when I type on the computer. I used to be quick and accurate, now I spend more time on the backspace key than anything else. Well, I been asking for a endocrine consult for a year+ now, and the VA is getting me in to see him tomorrow. If I am diagnosed with diabetes, the VA will be liable for all damages I have taken in the last year.

Thank you for the excellent reply Berta, that clarifies the issue. I will research the 1114 Regs this week. I should be diagnosed with diabetes this month. I have raging peripheral neuropathy that causes me incredible pain in my feet every morning, and that general sunburn feeling in my lower arms and lower legs all day. I literally hobble around like a 90 year old man every morning till about noon when my circulation picks up. It is getting worse with time and if it keeps up, I will file for SMC due to "loss of use" of my feet. I assume it will only be a few years before I will be looking at amputation, so I might as well get my ducks in a row,

I am currently SMC Housebound. I got there by being 100% PTSD plus 60% CFS. Now, here is my question, lets say I am diagnosed with another group of disabilities that stack up to another 60%, should I file for, for lack of a better designation, "SMC-S2"? I have seen reference to the SMC-R being awarded more than once, or SMC-R2, so my question would be can all SMC letters be awarded more than once? Thanks in advance! EDIT: or would I simply go up to the next higher letter, perhaps L?

The original BVA issue was service connection for the knee what was NOT damaged in the military. The knee did essentially degrade at the same level as the service-connected knee, and there was evidence that both ankles were swollen while he was in the military and shortly after. I would have been happy if the BVA remanded the claim back to the VARO, in the hopes that the VARO would not act against the veteran while the BVA was monitoring the situation. Oh well, best laid plan of mice and men. I am just glad I was able to confirm, that it IS possible to bring up tertiary issues during a BVA hearing. Now I know for sure the veteran got hosed by his "advocate" and the BVA judge.

This is the true legacy of the war, and the true nature of the VA. I suspect part of the reason the VA fights so hard, and so dirty, against those that speak out against VA crime corruption and evil is because VA employees know that within time, they will be as loathed and hated as the average IRS employee. It is a valid fear, as when most non-veterans hear about what the VA does on a daily basis, they are stunned. News articles like this are needed to turn the tide in our favor. With this sort of truth we can gain public attention, and with that we have some hope of change. The VA is the only group that is desperate to keep the lights out.

In an ideal world, I would help him sort out an IMO, and hire a decent lawyer. Only problem is, most veterans, myself included, are flat broke. The VA system is designed to make us all a "captive audience". I aint beat yet, I will continue his claim in another fashion. The guy has two fake knees now and moves around, barely, with the help of a cane. Thats 100% in my book, and thats the goal. Thanks for the input all. I primarily wanted to CONFIRM that the BVA structure is a (somewhat) open forum, where issues can be raised and discussed. I think I have confirmed that as true, and the judge and "advocate" are both scumbags, No sweat, there is more than one way to skin a cat.

Well, I am not sure if that answers my question as to the limits of discussion at the BVA, but here is the background. A veteran calls me 3 weeks ago. He says he has a BVA hearing yesterday, and he needs some help. My first question was, of course, who is currently representing him. He said he was being represented by one of the main service orgs, but the guy that filed the original Form 9 is now dead, and the guy that took over his claim got fired, and the guy that took over the claim after that got fired too. Needless to say, he terminated that service org and picked me up as his rep. I prepared the argument, basically requesting that his service-connected total knee replacement to increased from 30% to 60%, then service-connection of the other knee secondary to the original injury, and finally Individual Unemployability. Keep in mind, I had about 15 pages of medical paperwork to work with and nothing else. The VARO had turned over his master file to the BVA, so no chance of getting copies, and the medical center takes a month or more to give copies. I went in anyhow,m hoping for the best, but his appointed "advocate" was a state veterans rep that was working out of the VARO building, so we know where her loyalties were with. I asked to attend the hearing, but the "advocate" refused. I cited the new "one time rule" concerning certified representatives, that too was refused. I asked the veteran what he wanted to do, and he was leaning more towards going with the advocate, and I decided not to get into a pissing contest, if for no other reason than I was putting the veterans best interests first. He reported back that the judge boiled it ALL down to one thing, and one thing ONLY. If you dont have an independent medical opinion, your screwed. He did give 60 days of open consideration, then he will rule against the veteran. The veteran was upset because he was not allowed to discuss an increase in the service-connected knee, and he felt he was being brushed off. I would have to agree with that sentiment. I did the best I could given the severely limited time and evidence, and I will carry things forward with the VARO, but its not a good turnout. Is there anything I could have done that I did not do? I am open to suggestions.

I do not think VA employees care what we, the veterans, think about them. However, since I have been trying to advocate for veterans in a serious way, so far about a year now, I have noticed that the VA has a "meat grinder" system that springs into action whenever a veteran begins to become VOCAL with his complaints about the VA. I am still doing research on the subject, but I strongly suspect the VA unleashes its Field Investigative Service people and VA police to conduct slander campaigns against any veteran trying to expose VA corruption. The lawsuit in Bay Pines that is set to become a SECOND lawsuit, the VA's actions down south with Jerry Woodward, and upcoming lawsuit in at the VA VAMC, and most importantly the Waco VAMC police scandal shows us clearly that the VA is a spectacularly evil organization and that the VA plays very very dirty at the slightest provocation. So be as angry as you want over this PTSD denial, just don't get too loud about it. Because if you DO, be ready for the VA police to begin gathering your credit card and phone records, and the VA Field Investigative Service to go to every business you visit and tell them you are a drunken wife-beating pedophile. The VA has had 40 years to perfect its response to whistle-blowers, so watch your back when you talk about VA blatant corruption.

I have a veteran here that had a BVA hearing yesterday. He was ONLY allowed to address one issue at the hearing. I was under the impression it was an open forum. Can anyone point me to the rules regarding BVA in 38 CFR? Thanks!

Have you submitted your SSDI award as evidence in support of claim? Also, did you clarify, on paper, that a GAF of 50 or below AUTOMATICALLY implies unemployability?

In a situation like this, my first stop would be his senator or congressmans office. We as veterans need to understand that the problems with the VA cant be fixed unless they are identified, explicitly, by those capable of fixing the problems. Then we hound those persons mercilessly, but by the numbers, not senseless ranting and raving like lunatics. Case in point, I have been requesting a CT colonoscopy for about 9 months. The VA has steadfastly denied the simple 15 minute procedure on the grounds that I am too young to warrant the expense. I pointed out my symptoms and the fact that Desert Storm Veterans are presumptive for Irritable Bowel Syndrome. I kept meticulous details or my interactions with the VA, then took the whole ball of wax into my senators office. Sure enough, I got the procedure done within a few days, and sure enough I got diagnosed with diverticulitis and an umbilical hernia. Now, the 2 page letter I submitted to my senator did include a news article on the VA infecting veterans with HIV and HEP-C, a letter from Shinseki saying the infections were VA-wide and would most likely continue, and another letter where a VA administrator admitted openly that the VA doctors and staff were delaying or denying care to make their own numbers look better. Plus I included the VA Fast Letter on presumptive diseases. The VA is now in full panic mode, and I have been (finally) authorized Fee-Basis for a colonoscope, endoscope, and in house care for Chiropractic (I been asking for that for about a year) and a consult with an Endocrinologist (been asking a year for that too). I have all my evidence, and my blood sugar puts me well into Diabetes and my feet and toes are painful 24/7. When I get a formal diagnosis of Diabetes, the VA will be looking at a big, fat FTCA lawsuit. I even managed to get a few calls from one of the head honchos in Washington DC about my situation. He told me he was bringing my case into one of the VA oversight sessions to use as ammunition against the VA, he called it a "trajectory issue" or something like that. So if someone would take this Marine and his PTSD SNAFU to his local politicians, it may help shine some light on how screwed up the VA is. Provided his local politicians care about veterans issues. Since my recent responses, I have kinda come to see that the VA blows a lot of smoke up the collective butts of congress, and so very few of us actually go into rant mode when we get the shaft from the VA. So my advice is to document every screw-up the VA does, BY THE NUMBERS, then put together a very well documented letter to your senator. With this Marine, I would start with the fast-letter from last year where a VA drone was ordering her people to avoid giving out a diagnosis of PTSD, then build it up from there. Just my two cents.