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Cruinthe
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Posts posted by Cruinthe
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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.
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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.
This is a really interesting, favorable case that was decided in the Federal Circuit on November 21, 1996. The case citation is 100 F3d 1389 Gregory Andler v. Shirley Chater, Commissioner of Social Security. The Federal Circuit seemed to state that an error was made in failing to consider that the periods that Gregory Andler worked and exceeded the poverty threshold were periods where his mental illness was in remission between hospitalizations. The Court stated these periods where the veteran worked during 2 summers should have been viewed as unsuccessful work attempts and ordered that he be considered disabled. I can see the applicability of this to my husband's case because when he tried to work in 1990 he was between hospitalizations yet V.A. only considered his wages from 1990 in the decision.Could someone put up a link to this case?
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Thanks for the clarification!
http://www.vba.va.gov/bln/dependents/Spouse.htmIt is a VA Form 21-534. The other forms you will need is addressed in the attached web page.
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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!
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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!
In Florida's Tampa Bay Area it's on Chanel 10 - CBS at 7:00 pm.carlie
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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?
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
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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.
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
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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
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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
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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.
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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.
Negligence and/or malpractice must be found to have caused additional disability.If the undiagnosed diabetes in your case directly caused PN (is that a formal diagnosis yet), or visual problems or kidney problems etc-that are documented as diagnosed and their disabling affect raises to a ratable level- that is malpractice/negligence.
It isnt so much what they did or didnt do-it is what they caused by doing or not doing it.
Johniir here presents a case of what I feel is definitely malpractice.
There is such a strong association in the standard medical community between CAD and diabetes,that I dont see how the VA could
get out of his claim.
However as I said before- VA fights back as hard as they can on FTCA claims and Section 1151 claims.
FTCA requires a good lawyer and a strong medical opinion that covers all bases and even overcomes any potential landmines.
Not many here know better than I do what tactics the VA will use on these types of claims.
And it is the results that the malpractice or negligence causes - additional proven disability-that must be diagnosed and ratable to be actual malpractice or negligence.
I dont have enough info here to opine on your situation- as I dont see any additional fully diagnosed conditions yet-that could be directly attributed to the lack of proper diabetes treatment.
You could certainly have those conditions but like you said best to get a real doctor's opinion.
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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.
Robb Graham here is one of the best but ALWAYS busy- his site however has good info as to how these FTCA cases go-http://www.vamalpractice.com/ perhaps he could recommend a lawyer in your locale of he cant help you-
If you put Veterans Administration Malpractice Lawyers into your browser many will pop up.
We often get a pop up ad here too for malpractice lawyers.
Malpractice always has a paper trail in the medical records.
I read my husband's medical records probably a hundred times- I am not kidding.
On the surface they appeared to be one thing, but after decifering all the symbols,tests results, etc and medical terms they turned into a prime facie case of negligence so bad that the VACO said the case was indefensible.(I couldnt get that documented omission until after I settled with them)
They also revealed how one VAMC covered up malpractice at another VAMC.
So if you were treated by more then one VAMC make sure you get every medical record they have on you.
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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.
I think that getting an IMO is the BEST thing you can do as I am sure there is more to your situation that appears here.Dr. Bash gave me 2 excellent IMOs for my AO death claim (well not GAVE -it was costly)
Even though I won FTCA without a real doctor's opinion a decade ago-when I re-opened on 2003 I knew they would fight me over the basis of the new claim.It was well worth the cost of his IMOs.
I sent him all of the medical records, all past SOCs and SSOC, and all the FTCA stuff.
I listed all this evidence in a cover letter to him and then tabbed the records as to where the VA could have diagnosed my husband's diabetes but failed to and how it lent to the CAD that caused his death.
If you have kidney problems directly due to the DMII that is serious business as well as any other complication of diabetes.
Dr. BAsh will definitely be checking your BUN, Creatine levels as well as the entire medical record you have established with the VA.
I mentioned infections because infections can cause a temporary raise in glucose.
Then again infections also can be caused and/or compounded by diabetes when the immune system weakens.
My husband had an odd oral candidia infection when hospitalized. I had looked up every single medical term in his med recs and found this seemingly innocent and non contagious condition was even in the VA;s diabetes training letter as symptomatic of high glucose in the saliva that causes candidia iinfections to happen.
Then I went back top his VA dental records and in 1988 they also showed a "white plaque " in his mouth- the hallmark of candidia--it was more evidence that for a 6 year period he exhibited documented symptoms of high glucose and the VA failed at every instance to diagnose and treat him properly.
Diabetes manifests itself in countless ways.It doesnt kill anyone-Its untreated complications however can be fatal.
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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!!
I need to add to this:"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."
Technically that is true- I sent the SF 95 to the VARO Regional counsel as well as to the OGC in DC.
They were 'guilty' as sin and settled with me out of court.
But what is missing here is the fact that I had to fight them for over 3 years.
I had no lawyer or IMO doctor. I studied cardiology and neurology-and I also studied FTCA laws and regs.
I went toe to toe with the docs and the VA attorneys.The only thing I had was overwhelming evidence of malpractice.And I only realized I had that after studying all I could find on Cardiology.
I do not recommend anyone doing this without an attorney (best to get one BEFORE filing the SF 95)or without an independent medical opinion unless you have the time to study medicine and also to get a good handle on the FTCA regs and be able to deal with the VA lawyers directly.
I cannot determine here whether your glucose could be fairly high do to meds you take for something else or why they have not recommended a diet yet to get the Triglys down.The VA will certainly produce some argument as to whether this was negligence or not.Do they have you pon a statin drug or anything that is supposed to be lowering your cholestrol? Has the VA in past 6 months or more given you any type of cortizone or steroid class of a medication that also could raise your glucose? Did you have any type of infection during the 3 mo0nth period that the HBIAC test revealed glucose at high but not abnormally high readings? HAs the VA formally diagnosed you as having peripheral neuropathy or PAD or are these symptoms attributable to something unrelated to diabetes?
Your situation is in some ways similiar to my FTCA case but not enough to help you.
I cant really talk about my FTCA matter as it has recently been re-opened at the OGC due to my recent AO DMII death award. They still owe me money on the settlement.
I have mentioned here before and maybe at SVR too I am sure-that the lawyers employed by the VA are absolutely superb attorneys and they will diligently do all they can to squeeze out of FTCA cases.I have the highest regard for them because they are all so smart.
To get my FTCA re-opened took many letters from me in October, November,to OGC with replies that sounded good but were unacceptable to me and then after making a few phone calls to the lawyers in DC-I point blank told them I would not allow them to blow me off anymore as I had a legitimate position based on VA FTCA case law itself.
2 weeks ago the same VA lawyer who handled my settlement called me up and told me they were working on my case and the staff attorney agreed I had presented them a situation that needs monetary resolve.My FTCA is technically still open after all these years.
This happened only because I know FTCA case law as it applies to my claim and sent them the regulations that warrant a monetary additional FTCA award.And I did not accept their initial letters that suggested this was a regional office matter and not in their purvue.
I challenged their position on that and they were wrong.
This is what anyone is up against if they deal with the OGC or regional lawyers without an attorney.
Unless you know VA case law enough to rattle it off and hold your ground on evidence that raises to the level of malpractice-the VA attorney's will try to walk all over you.
That is their job and I respect them for them.
There are many malpractice lawyers on the net who might be able to assess your chances via email.
There are also many endocrinologists who I am sure would prepare an IMO for you for a fee.
It does seem that the VA is not appropriately treating you for what could become full blown diabetes.
But I cannot determine at all if this is negligence on their part and only your complete medical profile of records and meds could reveal that.
Make sure you have copies of ALL medical records before you send the SF 95.
A lawyer will probably want to ask for much more than 100,000 if they see basis for malpractice.I asked for 58 million on my SF 95.
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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!
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!
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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?
6.3 A1C is not going to get you a diagnosis of being a diabetic and is an average of 146 glucose. I used a calculator https://www.accu-chek.com/us/glucose-monito...alculator.html#I think that with slight modification of diet and moderate exervse this problem can be helped.
No matter what happens with VA take care of your health.
Good Luck
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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!
Oh.... I see now. I'm so used to thinking in terms of the grant or denial of benefits. You're thinking of filing what is essentially a medical malpractice claim for not diagnosing you with diabetes, and letting it go untreated for a certain period of time, possibly causing damage.I would think you would have to prove that it was malpractice, that there were damages and that but for that malpractice you would not have suffered those damages. The fact that you would be suing the US Government throws a further wrinkle in there. I suggest you consult a competent attorney in the field, and be aware that the statute of limitations for filing a claim is running, probably from the time you first learned of the alleged malpractice.
By the way... are you getting Special Monthly Compensation? Since you're 100 percent for PTSD, with a seperatly ratable 60 percent for CFS, that's what we call "Statutory Housebound."
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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!
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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!
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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.
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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.
Anyone have one?I've had it with these bureaucrats the VA hires. Especially the non-Veterans, who have know clue what we are talking about.
The one they assigned me isn't a Vet, understands VA double-speak, but has absolutely no common sense.
I sent my complaint to the Director's office in Washington, and they forwarded it back to the idiots.
I was Infantry in Vietnam, wounded, and did my job. This is what I took shrapnel for.
I need a good lawyer who has some experience fighting the VA.
p.s. Here's how they see us. I've heard this more than once from VA staff: "You get a disability for a scar." My response: Yea bitch, I have a scar. I also spent 6 months before that, sleeping in rice paddies, being sucked dry by leeches, in monsoon rains and wet for months at a time, with crotch of my fatiques rotted out, with puss oozing from sores on my feet, wondering when the next round of sniper fire would come in, looking for trip wires and false bottom pits with pungie stakes, and really not caring much about tomorrow because I wasn't sure I would make it out of today. But you're right, it's only a scar; one that occurred when shrapnel ripped through my skin, through the muscle, and came to rest somewhere in side. This why someone was wiping your ass when you were 18 months old, and would have no memory of it all." By the way, I'm 60% disabled, have been out of work for years and am trying to resurrect myself in the job market. I've gone ahead with training, going thousands in debt, and while the VA sees me as unworthy, four local agencies have been able to pitch a few dollars here and there.
Screw the VA. I'm setting every recruit I meet straight. If they are going into the service for the benefits, rethink it.
Stressed Out- Hair Falling Out -screaming At Everyone...
in VA Disability Claims Research
Posted
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.