Cruinthe

The system the VA uses is called "trauma based mind control" (google it) and it is extremely effective. This system alienates veterans, thus making it less likely they will return to the VA in a bid to seek just compensation. It is also helpful in that it tends to allow veterans to spread anecdotal reports to other veterans that "the situation with the VA is hopeless". The NSO's also take part in this by not drawing attention to the problem, or worse, forcing veterans to grovel for their earned rights. This current VA system is much like the feudal Japan or Medieval Europe. Only the learned nobles (the VA) and the priests (NSO's) understood the written word (VA regulations), thus leaving the peasants (the veterans) powerless. But, as the Bible says, "live by the sword, die by the sword". If anyone is not comfortable being a peasant, and I know I am not, take it upon yourself to learn the VA regulations. That alone puts you on level ground. Step one in this process is realising that VA "stalling tactics" are simple sophomoric antics, and should be ignored. I find that veterans are actually shocked that the VA treats them so poorly. Well, what do you expect your enemy to do, treat you with respect? The second step is knowing the golden rule of dealing with the VA. If you are not on the offence, you are on defence. I got 100% T&P back in 2002, but I have never stopped putting new claims forward or asking for an expansion in my earned benefits (housebound, ILP, chapter 35, etc). Dealing with the VA is all about mindset. Have the right one, and its simply mind over matter. I dont mind, and the VA dont matter. Good luck with your claim, and if you need any help, send me a PM.

I had an issue with a VA nurse that led to me filing a complaint with the state nursing board. I never expected the board to reply, let alone investigate, but 3 months later I got a call from them with a request for clarification. The lady from the board said if things are as I state they are, a reprimand will be placed against the VA nurse. The board also faxed me a release form so they could access my VA medical records to verify the situation. She also said the VA is very slow to reply to inquiries from the state nursing board. So that leads me to think they do get alot of complaints about the VA. Long story short, they may WORK for the VA, but they are STILL under the rules of the AMA and nursing board. So file those complaints any time you feel you have a problem. Granted, I live in Virginia now, and I cant say your state nursing board will respond. But all in all, II think its worth the effort to at least try.

About two years ago I came to the conclusion that a married couple literally can not live on a 100% VA pension. My wife works a full time job but we can not afford dental for her, we live in a tiny little house, we drive a used Hyundai, and we are desperately hacking away at our $20,000 in debt with her entire monthly paycheck of $1500. How the hell are we supposed to save up for a house? What about having kids? A vacation every 5 years? God forbid she gets sick and cant work, we would be living in a trailer somewhere out in the boon docks eating ramen noodles and wearing potato sacks. So in the last year I have picked up the Housebound benefit, gotten Chronic Fatigue Syndrome up to 60%, with a pending claim for IBS, Fibromyalgia, Sleep Apnea, and some other stuff. I suspect at some point this year I may have to pick up a temp job. Maybe as a security guard or computer tech. Even if the VA finds out and tries to reduce my rating, I will still keep my 100%. What a miserable way to life, in constant fear and poverty. Anyhow, there is some research on this over at veteransparty.us that says; About 4-years ago, a Veteran was referred to me for assistance. He had been rated at 70% for many years but then eventually was “awarded” 100% TDIU which he had been collecting for a couple of years. He showed me a letter from the VA saying that records they received from the IRS and Social Security Administration reflected that the Veteran had been working for about 4-months during the period he applied for a “Total Disability Rating”, and therefore, the VA was going to revoke his 100% TDIU and return him to 70% service-connected compensation, unless he could site a legal reason why the VA should not. So I researched 38 CFR (Code of Federal Regulations) and 38 USCS (United States Code Service) and found the legal reason why the VA could not revoke his “Total Disability Rating.” The legal reason why the VA could not revoke his “Total Disability Rating” lies in 38 USCS Section 1163, of which I paraphrase as follows: “The disability rating of a Veteran who begins to engage in a substantial gainful occupation after January 31, 1985, may not be reduced on the basis of the Veteran having secured and followed a substantially gainful occupation unless the Veteran maintains such an occupation for 12 consecutive months.

Thanks for the clarification!

I am 100% T&P as of 2002. If I were to die tomorrow, what pension or benefits would my wife of 5 years be entitled to? My wife actually reads the 2009 Benefits for Veterans guide, and she thinks she saw something that said she gets no pension unless I have been 100% T&P for 10 years or more. Anyone have any clarifications? Thanks in advance!

Its good to see the VA get kicked in the do-dads on prime time TV, but it was nothing I didnt already know. The best part of the whole segment was the BVA guy saying there is no incentive to deny claims. Tell that to the two BVA *LAWYERS* that went to JAIL for doing just that!

For the record, I did state in the original 4138 of 1993 that I was having trouble with joint pain, memory loss, sleep disturbance and other things we NOW know to be part of chronic fatigue syndrome. So I think there is a basis for connection even though I did not get the term perfectly correct. The FIRST real C&P exam I had for CFS was in 2002. Before that I dont think I had a C&P exam for CFS. Maybe it didnt even exist yet?

I should add that I am service connected for chronic fatigue syndrome at 60%. I re-applied for it back in 2007 (I was already 100% T&P) and appealed it up to 60% over the last year and a half, thus meeting the SMC housebound requirements. I have decided to put this in as a Request for Reconsideration, asking for an award date back to 1993 with the original stamped and dated 4138 from 1993 included in the request. If its wrong, the VA *should* reply and say "This should be filed as blah blah blah under 38CFR 123". Also, when was Chronic Fatigue Syndrome added to the C&P structure? I applied back in 1993, did anyone even KNOW what chronic fatigue syndrome WAS back in 1993? I think I will just add that CFS was added as "presumptive" for we desert storm veterans a few years ago, unless I can find out specifically when CFS was added to 38 CFR. Thank you ALL for the input.

On the original 4138 from 1993, I put "hair loss, sore joints, difficulty concentrating, memory loss, chronic fatigue, shortness of breath". Now, I did not put "chronic fatigue syndrome" just chronic fatigue, but I put some of the symptoms of chronic fatigue syndrome. As far as I know, I was not given a C&P for chronic fatigue syndrome back in 1993. I have had 2 C&P exams for CFS in the last few years, so I know what they are. I think the problem may lie in the fact that chronic fatigue syndrome simply not known back in 1993. But the 4138 I have here is stamped and from the Philly VARO. On to the issue of PTSD. Its the classic VA shredding routine. I filed for PTSD with the local DAV guy in 2001. The local DAV guy gave me a copy of the 4138. The local DAV office also mailed me a letter saying "We gave your 4138 to the VA" (I have a copy of that letter too). But the VA never admitted they GOT the 4138, AND and I waited a year to check on the status of my claim with the VA. The VA said "We never got anything from you". By the time I found out the VA "lost" my original 4138 it was after 911, the economy was in the trash, I lost my job, my car, and my apartment, and I was super pissed off at the VA for losing my 4138. So my question is, should this be filed as a Request for Reconsideration? I am open to suggestions. Thanks in advance.

My award date for PTSD was July 2002, but I applied for PTSD back in 2001. The VA lost my application but I have a copy of the original 4138 filed by the DAV. Plus a letter from the DAV county office verifying they sent it to the VA. Since I missed the Special Claims Handling Procedures for Missing Documents deadline, should I file for reconsideration? Also, I filed for Chronic Fatigue Syndrome back in 1993. I found the original 4138 while digging through my paperwork. I got service-connection for Chronic Fatigue Syndrome in 2004. But the VA never gave me a C&P exam for CFS back in the 90's. I guess the disease wasnt really on the radar yet. I am currently 60% for CFS and I would like to file for Clear and Unmistakable Error for CFS and have the 60% granted back to 1993. If anyone has any suggestions on how to proceed, I would appreciate it. Again, I have the original 4138 for CFS in 1993, and the PTSD 4138 from 2001. Thanks in advance

I have a virtually identical situation. A VA doctor in Montana writes a letter that says I should have a walking treadmill, but the VA doctor in Virginia refuses to carry the recommendation with a letter. On top of that, the VA nurse verbally abused me when I asked for the letter, then she adds a statement into the progress notes that says "his record shows he is not unemployable". I have been T&P since 2002 and my SC ratings are 100%, 60%, and 40%. Seems the VA medical staff are more interested in grinding the C&P axe than treating veterans. Im going to start pushing for fee service care.

One more thing. My testosterone is low, critically low, in the 300 range. I found this is also secondary to diabetes. Thus, we have erectile dysfunction. I have been getting testosterone injections from the VA for a year now. Yet more evidence the VA doctors didnt bother to add up. The more I think about this the more I get pissed off.

I will into that guy and those in my area. In your opinion, if I have months or perhaps a year of peripheral neuropathy reports, plus months of abnormal A1C glucose and other lab works, and an admission from a VA nurse that I have a potential diabetes problem, is this enough to prove negligence? I have research my consistent A1C of 6.3 and have found people getting a dx for warfarin (?) for insulin control. Plus, as I said, I have kidney pain and vision problems plus other weird stuff like tinittus. It looks like negligence to me but I guess we will see after some lab work done by a real doctor.

Thanks again for the info, Berta. I will be going to get my VA medical records on monday, talking to Dr Bash for my IMO, and trying to find a lawyer to help me with this SF-95. If anyone knows a competent VA malpractice lawyer, let me know.

Thank you for the reply, Berta. The only meds the VA gives me is Ambien but I only take it maybe once a month. I MAY have a sinus infection, but I am going to a ENT doctor on Monday to find out for sure. I must state now that I have been screaming bloody murder over at LEAST the last year about TINGLING SENSATIONS IN MY LEGS, and I have multiple pages of progress notes from here in Virginia saying TINGLING SENSATIONS IN MY LEGS and I have only been here 6 months. I get wicked pains in my kidneys, and my vision is really terrible now. I spoke to Dr Bash and he has offered to provide an IMO for a fee. I am going to request my records from Montana on monday as well. If they also show neuropathy tingling as well, how could that NOT be negligence? Do I have to run through the VAMC naked with my hair on fire holding a big sign saying PERIPHERAL NEUROPATHY? If this was a private hospital people would be getting fired left and right due to this level of apathy and incompetence. Also, my abnormal lab notes are not just one report, its multiple reports over a few months. I think I will talk to a lawyer before I file this. Its getting too confusing and frustrating at this point. Thanks all, and Merry XMas!!

Ok, I have started on my SF-95. I will be asking for between $60,000 and $90,000 plus fee-for-service medical care from private hospitals, paid for by the VA. I cant get a solid answer on who to send these to, so I am sending a copy to all 3 VA offices. VARO, Area office, and VA DC office. I will keep everyone informed of my progress. Thanks all and Merry Xmas!

Thanks for the calculator link Pete. I just found something interesting. My numbers may match up with Type-1 diabetes. And in adults, Type-1 diabetes could be the result of an autoimmune disorder. Guess what? Chronic Fatigue Syndrome is an autoimmune disorder. I am service-connected for Chronic Fatigue Syndrome @ 60%. I think I just found out WHY the VA does not want to admit I have a diabetes related problem. My diabetes, be it emergent I or II, will almost certainly result in a secondary condition claim. So its the VA risking my health to save itself a few bucks on insulin?

There is something called "Administrative Error, Equitable Relief". Just google "503 equitable relief" for more info. Also check out http://veterancourtcodes.com/?page_id=383 to see Edwin Crosby's research on the subject. Basically, you file a form (SF-95) directly with the Agency in question (in this case the VA) with all evidence included, and state the amount of monetary damages you have suffered. If you put forth a good case, and they know they are as guilty as sin, they settle with you out of court. I plan to file my SF-95 on Monday. The only problem is, I am getting crossed wires as to whom to send the form to. I have been told it goes to my local VA Regional Office, the VA AREA office (South, West, North, etc), and also to the VA in Washington DC. I am afraid I will pick one, only to find out I chose the wrong office. If I cant get a solid answer, I will just send an SF-95 to all three places, in triplicate. Nothing exceeds like excess, I always say. By the way, here are my numbers as far as diabetes goes. Triglycedrides = 334 --- normal range is 28 to 235 (taken 08/10) Glucose = 149 --- normal range is 70 to 110 (taken 08/10) A1C = 6.3 --- normal range is 4.1 to 5.7 (taken 08/10) Body Mass Index = 36.1 --- anything over 25 and the computer flags you for the VA MOVE diet planning program. Any diabetics out there, can you help explain the numbers? Thanks again!

To clarify my situation. I am a 40 year old Desert Storm veteran. I am 100% for PTSD, 60% for Chronic Fatigue Syndrome, and 40% for Chronic Prostatitis. I am pending for Fibromyalgia, IBS, and some other stuff. I served from 1986 to 2000, in Active and Reserve components. May I state now that there is a credible link between PTSD and diabetes. I have been complaining to my VA doctor for at least a year and a half of tingling and numbness in my hands and feet. I had no idea what was going on, I though I was getting Lou Gherigs disease or something. I moved from Montana to Virginia 6 months ago for the SPECIFIC reason of being closer to a full VA medical center. When I lived in Montana, the VAMC was 6 hours away, each way. I had a C&P Exam within a month of moving to Virginia. The first thing the C&P nurse asked me was "Has your doctor talked to you about your diabetes?". This was the first I had heard anything about it, and my doctor in Montana did blood work MANY times but said nothing. The town I lived in, Kalispell Montana, had a VA outpatient clinic that I visited regularly. When I had my C&P here in Virginia, I remember the C&P nurse looking over my lab work on the computer screen. I do not think I had given any blood in Virginia yet, so I assume he was reviewing my Montana lab work. This C&P was in August of 2009 by the way, more than 4 months ago. Since I am 100%, I think I am in Priority Group 1. As Berta says, Im not sure waiting 4 months, let alone more than a year, to tell a patient he has diabetes is "consistent with typical medical care". Since I have been here in Virginia, I have gone to the VAMC quite often, and I have progress reports stating I have symptoms of peripheral neuropathy on more than one occasion, and with a few different nurses and specialists. If the general idea with the VA is that they wait for the patient to figure out what life threatening illness they have before a consult with a specialist is scheduled, I think I will be filing alot of SF-95 forms from here on out. I have an audio recording and transcript of the C&P exam where diabetes was discussed, if anyone is really bored and wants to read it. Berta, if possible, may I e-mail or speak to you about this issue. There are some other factors I am leaving out for the sake of brevity, but I dont want to botch this form. Thank you in advance!

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program. It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions. I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now. The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"? My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to. I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council? Any advice would be great, and Merry Christmas to all!

If you are 100%, you need to look into the VocRehab INDEPENDENT LIVING PROGRAM. You may be, initially, limited to 1 course per semester (as I was) to see if you can hack it. Also, the ILP system starts with a comprehensive exam by a occupational therapist. He or she will look at your ENTIRE life situation, not just college issues. I got a new therapeutic mattress and bed frame (due to my service-connected chronic fatigue syndrome) as well as college courses that I will most likely start in the fall. Plus I am petitioning to get a cheapo treadmill so I walk a few minutes a day, if possible. If you or anyone else has any questions about ILP, just ask. Its geared towards those 60% and above and it does work IF you understand what it offers and have a solid plan for what you want to do in life.

First off, if you were infantry and you have the CIB, you should be 100% T&P, no if's and's or but's. With a PH tossed in for good measure, there is absolutely no logical reason you would not be 100% with SSDI. I wont bother asking who is handling your claim, I dont want to be banned for expressing an opinion here, regardless of how true it may be. As far as being turned down for C.31, look at the paperwork and see if says you are unsuitable for the program due to an issue of post-graduation employability. If anything says that, or something like it, the VA just handed you 100% by saying they dont want to waste C.31 cash on you because they question your ability to get and keep a job...thus INDIVIDUAL UNEMPLOYABILITY! Lastly, since you are 60%, my opinion is you should look into the Independent Living Program. In all likelyhood, you will reach 100%, so ILP is more suited to your needs. Im having great fun with the ILP program myself, so if you need some pointers, shoot me a message. On a good note, keep in mind that the first step to getting into ILP is getting DENIED VocRehab.