SCID Vet

Bert: Thanks! Running with what you have helped me with. Appreciative, SCID VET

Dear Berta, You are full of surprises. Your timing is impeccable. 1) SOs, VSOs, NSOs, get paid? Huh? Thats why I am "so tolerant" when they dont have time- I thought they volunteer? (to be fair, I sat in an DAV office one day, the calls-in had the secretary worn down, crying, before long, and the NSOs just swamped with nonstop new people, like (in LA) one call every ten to twenty seconds, half new people. 2) Independent Medical Opinion: Undoubtedly useful. As you will see below, as of today, I am too late, or maybe can sneak through if send off pleading, evidence, today (in a few hours) (its almost 3 am) 3) Thanks so much. 4) Actually I can type, apparently I cannot summarize, but the truth is, after 14 re-writes, it finally is more succinct, and I only (truthfully) had to exert some effort to stop explaining how bad they treated me, or how bad the situation was, and focus on the facts directly pertinent and supported by documents. Not quite as easy as it sounds, I understand theres this "benefit of the doubt" rule that if I say something, evidence in "equipose" (sounds like two dolphins having a dance contest) then what I say has merit, even without direct evidence (this causes me to over explain stuff in the pleading) 5)I actually specifically said I was not interested in the 1151 issue, in my pleading, so the VA can (hopefully?) feel comfortable admitting the fact that I was rather severely disabled by Voc Rehab, as the medical evidence doesnt state, but shows. I have long believed if it is a huge mistake committed, the VA doesnt want to approach it to pay one dollar. Same with iatrogenic disabilities: even the best VA doctors will not repeat or report what the original military doctor did- missed the right place to operate by six inches, AND he put that in writing. Why other doctors, hundreds of appointments, seeing his letter, won't report the fact? Honor among thieves, but its also like cops giving each other passes for speeding, and saying nothin 6) I am a bit surprised Rod didnt have ANOTHER stroke hearing all of that! 7) The PVA fella called (after bus. hours tonight, God Bless his soul!) and told me the local VA had decided they could not find the Voc Rehab file, so it may be too late to get the "any additional evidence you have submit it now" stuff in. Frightening. So much on the table. 8) Berta said: Your CUE claim- A. it must be on a Final VA decision (one that you never appealed) >>>>>>I never appealed it. Didnt know about it for years. They actually sent (plenty o evidence) ratings, notices, appointments, to a dude called "Charles Brown" and put the notices in my C file. (Amazing, Charlie Brown!) B It must state the regs they broke and how they broke them >>>>>>This is what I put in the argument, It would be fantastic if you could consider, shorten, complete, correct it: "3) CUE of Portland VARO permits consideration of unanswered informal TDIU requests: Due to the fact I was simultaneously engaged by VARO Boise in Ch 31 Voc Rehab, while the VARO Portland made claim decisions without examining me, instead sending appointments, notices, ratings, decisions, to someone else at the wrong address, evidence supporting TDIU was gained without my participation in claim process. (see attached # # #) Other evidence, of course, is also for application, is contained here in part. (See attached # # #) Serendipitous, ironic, but a matter of record and most importantly, evidence of VA error, and harm caused by that same error. Had I been "in the loop" of Claim processing, all the evidence during Voc Rehab could have been applied, AND I could have specifically mentioned the primary disability instead of refusing treatment, meds, and concentrating instead on secondary problems, ie, depression, mental distress, homeless, hunger, malnutrition, and of course, unemployability- why else would I be IN Voc Rehab? (see attached # # #) Relevant: 38 CFR 3.103(a) (b 1,2)" >>>>> (end. Berta continues here: C. The outcome, but for their CUE, would manifestly change the outcome (IE more retro-or some advantage to the vet) Berta, you are a genius! I see that I only somewhat covered number 3, in that an increased evaluation would also be permissable via CUE, but that subject scares me, since nobody measured my reflexes, or any of the rest to establish 5293 parameters. I feel I should leave it alone, let them consider extraschedular TDIU as they are intending. What do you think? (PS will be gone by 11 am pacific to copy and send this off 9) Berta, the time you took to explain an example CUE was very helpful. I feel.. a bit foolish, and embarassed, and stupid, since you could do it all in a sentence. The pleading I have here, as perfect as I can make it (short yet complete) is 3 and a half pages. (only two paragraphs for CUE, though) I suppose you can see why I can type, yet needed someone to help make the pleading- Apparently it is beyond me to....get to the point fast... and still say it all! Surely I am not alone? Thank, Thank, thank you so much! :) Mike aka "almost done with this thing, Whew" 'Tomorrow night Mike aka I will be "Drunk guy B) with relaxed smile on his face" ( I rarely drink)

Dear Delta, Thanks very much for taking time. The CFR numbers are very helpful, thank you. Will use that for sure. Yes am on SS for SC conditions, but applied very late, so only was effective date to about 1994 (not exactly sure, approx) AND the SS only used the VA docs for their decision. (Granted SS after first denial)(hear that is unusual) I am intending to submit the SS earnings record as evidence, shows very sporadic work. Thanks very much, Again, Delta.

Dear Berta, First, I am sorry I didnt see this post earlier. Second, thanks very very much. I will: 1) keep it under two pages if humanly possible 2) Make each statement short, like you do 3) limit attachments rather than the "shotgun approach" I had conceived of 4) apologize now for what I asked in my email to you: sorry to say something inapropo. Seems like an honorable, workable idea though- really sharp vets (like you?) help not with representation, but with clarification and condensation of vet claims, particularly those with mental problems that limit their ability to express themselves (somewhat like me) Having said the above, and being very grateful for your time and help, I am uncertain about a couple things: 1) The only issue on the Remand is EED for TDIU- 86-93. I do not see indications of your addressing this in your post. Are you saying I should use all you describe in this post, in THIS remand-response? 2) The only pills I took during that time 86-92 was doans pills and aspirin, and have no proof. Some examples of pain med (ie, T-4, motrin) in 1992-3. Suggestions? 3) The very recent hospitalization for stomach (last august) (probably from motrin OTC) (conceivably from MS and Oxy) really cannot be honestly alleged for MS or Oxy, because I was taking very old (prescribed!) VA ms contin and Oxy. (stuff I was prescribed 2-3 years earlier)(remember I am deathly afraid to see doctors, they never get the med situation right, and always re-write, (simplify, narrow, erode) the issue. I didnt see the pertinence or would have told you sooner. In fact, the ER (last august) only tells me "If I were you, I'd lay off the motrin for awhile" (and I DID and it SO HELPED my stomach problems!) Nothing in writing, in ER, or inpatient notes. CT DID show irritation, but nobody says why in writing. 4)All the stuff you wrote in the post seems very helpful, if I want an increased rating for now, today. Knowing how I am, do you think it better to print this, paste on wall (my way of not forgetting) and handle it after I submit the argument for EED TDIU? I am at the very end (off the end, actually) of time to respond to the EED TDIU issue. 5) Yesterday I submitted a post to you while you were posting, and it confuses the heck outta me how to make sense of this... I am sure bulletin boards are as easy to understand as engines and carburetors and transmissions are for me, but not today. I need some kind of primer. Suggestions? Has hadit got an "Idiot mode" so 99 percent of features are turned off, sort of like Winzip had? (just kidding, really) 6) I gotta say it again, reading about other vets problems has made me so much happier, I hope you know what i mean, sounds so stupid. I felt like I was the only one (had I thought about it I would know better) and find myself laughing when I normally wouldnt. I am saying thank you, Hadit. Finally, though I do not think it proper to ask for you (Berta) or anyone else to write my argument for free, I do think it okay to ask: Can you, Berta (or anyone else reading this) review the main argument points (pasted directly below) as these are what I have already composed my argument for the issue "earlier effective date for TDIU prior to November 24, 1993": 1) Summarize VA determined disability state now and in 1993, to establish continuity. (no attach, no evidence, let them look it up)(takes too long to mail away for it) 2) Voc Rehab decision of "Serious employment handicap" supports same for TDIU. (attached doc: 10 percent SC vet only gets into Ch31 rehab if has serious employment handicap) 3) CUE in portland VARO negates rating, permits VARO Boise determinations used. (attachments of proof notices sent to wrong vet, attachments of Boise determinations) 4) Medical documents, firsthand witnesses, during 86-93 independently support claim for EED (attachment of med documents, friend statements during time period in question) 5) Depression symptoms secondary to spinal cord problem as decided by VAin 1993- used as evidence of same during 1986-1993 voc rehab participation. (attachment of med recs supporting depression, proximity to S/C caused issues, (attachment of homelessness, malnutrition, mental distress, make clear this is VA documents) 6) Informal claim solidifies (isnt actually required,strengthens claims) TDIU claim for 86-93. (attach the three examples of informal claim for TDIU prior to 1986) 7) Issues supporting, but not required for approval of issue of EED TDIU (attach any other issues I believe are pertinent and not distracting from EED TDIU claim) (catch all) 8) one sentence summary, ie, "All the evidence, the VA doc notes of disability, 38 CFR (chapter 31 approval) witness statements, my own testimony, VA med notes of depression, and the ACTUAL, EVENTUAL DECISIONS of the VA Rating board converge to stringently support, perhaps prove, I was unable to work during the period in question. Whew. Thoughts, Berta? Anyone? Thanks millions, or actually, hundreds of thousands, and also: helping me be free to sell lemonade on the streetcorner without having to fear losing deserved benefits (the 20 year rule) As Fla_viking and I were discussing, the truth has so little to do with what happens- Just now I am imagining thousands of RO "Gilligans" working for a few VA "Skippers" and somehow the claim can be won, benefits can be kept, but it is so haphazard, so inconsistent, I often fear being in the public eye, being seen outside house, and most of all, being productive in some way. When I "walked" into a local City Planning meeting, made my suggestions, disclosed plan, the first thing said afterwards is (in accusative tone) "Youre not disabled, you just set the stage for the next 25 years of city planning, could get a job". Point is: People often act like they know more than they do. I know work cumulatively, day by day, makes neuro condition worse, know my ...juicy parts... are getting numb from being there... but to the (very knee jerk) public, I am just a dude with a bad limp. After the 20 year rule happens (TDIU becoming permanent) then I can go outside whenever I am able, go "sit" in the park, sell lemonade, try whacky ideas to make money like: Open garage door, put in big water bucket, charge people money to wash their own dog, use custom "dog hair dryer" (55 gallon clear plastic bag attached to outlet of dryer) (how my dog gets washed) (can you see this???) and... Be a free man again, first time since I signed up for Marines 28 years ago. This (Berta) is why I get so carried away, and I think you are right. I tend to over do this last, final, remand step. If I dont win, I give up, will move to Canada, (I am thinking)(assuming I can keep my benefits) Mike aka SCID vet

Hey, everyone! Tanks! for everyone for help with claims! (wink!) My idea: Hire someone local who does legal-type documentation- NOT an attorney (that is illegal!) but someone who is good making an argument. Maybe a legal student, a paralegal, or just a secretary with typing skills. What do "you all" suggest, what kind of usual job would help a person be useful for this? I live near a town with 60,000 people, so keep that in mind- not the big city. Pleased, really, actually happy to find and meet you all via Hadit! Reading all your situations and issues reminds me I am not the only one, and that means somethin! (bad for you, sorry, but I am not alone!) SCID vet

Bert: 1) You say " My point was -if a vet is not Voc Rehabable-they are unemployable" Yes, that is my argument, but they only decided that after years of intermittent Voc Rehab- VR decided that in late 1993-1994. This is hard to say... but there is this continuity, being in VR, interrupted status, re-enter VR, etc, up to the point the VR people said "Vet unretrainable" in late 1993-or 1994. This seems persuasive to me, have used it for argument (have last argument in front of me now, very clearly the center of the argument). Put another way: It took from 1986-1994 for me to give up totally, tell them (admit) I was unretrainable. Why is it MY opinion matters, when the VA VR evidence was building up all along? Analogy: If one has to wait till the flood water level reaches the highest in New Orleans homes to decide the levees breached, did the levees actually breach before the high water point? (not trying to be cute, hoping someone can succinctly make the point I ...cannot, apparently) 2)Yes, get SSD, about from 1995, got it quickly, (1 year) solely based on available VA documents- before the "big findings" in 1986 were made by VA (and then backdated to 1993). 3) "Obviously they took your claim very seriously at the BVA you did good so far". Once you say this, I can see what you mean. I can take this as a ray of hope I am not wasting my time, or stressing over a lost cause. Thanks! Somehow I forgot this is all my doing. If I had educated myself in 1986 about what TDIU is, about how I MUST fight like a bear, MUST admit the disability, even PROMOTE it, I wouldnt be here still fighting today. Back then I would say "I'll live" (1984) "what dont kill ya makes ya stronger"(1985) all this macho BS that got very much in the way of adjudication. BTW "I'll live" got transformed on paper by doctor as "Vet feels this is something he can live with" (back problem). <----warning to other veterans. (a little humble pie can be nutritious!) 4) your PS: It has happened many times where I annoy or take too much time (and I do!) of the VSO and then I can see they are telling me anything (at all) to get me off the phone, or out of the office. These people work REAL hard, and I CANNOT IMAGINE fighting like they do. Its gotta wear em out, I think. I notice if you push your claim to the VSO, ie, tell them, show them, the evidence you have thus far, (put it in their hand, not explain it) the VSO seems to get more interested. 5) UGI GERD question: I just re-read the UGI study- it shows nothing at all. (1989) In reality, I remember the orange-peel-taste, was the one time I worked for several months, eating doans pills every day, several times a day, PROBABLY caused the stomach issue. 6) I was thinking- I am sure I got more than a 60 percent, a 50 percent. I believe some of the neurogenic issues were only compensated for (the neuro bowel, bladder) by a ten percent each. The creative organ issue was a separate thing not related to percentage, I feel pretty sure. I have already, last week, asked VSO to send me detailed info about what benefits got for what disabilities. Does it makes sense to you to include the current status of disability according to VA, to help support the continuity of disability back through the period in question? Thanks, Mike aka SCID VET 5)

Dear Berta, I attempted to find my docket number at VA where you pointed out the other arachnoiditis case. Feel sure I looked correctly, but no luck. willing to scan and post the remand, blocking out the Cfile number. Last time I attempted to scan something, it was several megabytes per page. Willing to type out pertinent part, if you specify what you want to read, as alternative. Thanks very much. reading the case you sent link of: Might take days to find out if a final VA decision has occurred on the arachnoiditis issue. Regardless, the time to respond has passed, since its been years for any issue other than the present EED for TdIU. as described below, not sure any reason to try for increased evaluation at present day. Maybe noteworthy: No BVA decision ever made in any part of my case, claim, ever. People seem surprised at this, so I mention it to you. Remands only thus far. Only active claim that I know of: EED TDIU prior 1993. One other thing: According to NSO in past, no reason to seek higher evaluation presently Since already receive 100 percent TDIU, what is the point (what gained) and "with the percentage you have an extra 10 20 percent isnt going to get you 100 percent, so just let the 20 years go by (from 1993) and the TDIU becomes permanent" (to make clear, be fair, this NSO realizes I can get confused, can mess things up, by trying too hard, by not understanding the law, etc., so maybe it is in my best interest to just "go away". It is not in my nature to give up though. Fear if I stop pushing the rock up the hill it will roll back down over me, if you will. As mentioned, unwilling to go to VA local to get help with SC dysfunction issues or other- the local clinic tends to downgrade, restate, minimize via ignorance, what the situation medically is with me. Also EVERY SINGLE TIME I got to the VRMC Portland, they make some kind of medical or administrative error, ie "no air was coming out of your penis like you say, Mr Smith" (got minor infection of bladder from that day). Why do I tell you the above paragraph? I fear for my life when I go to VA portland. If they cannot believe me when I tell them they injected air accidently into my bladder (by using a lube-bottle almost empty of lube, full of air) then what next? Anyone who is above correction will never learn the right way. How do I know the lube-bottle is wrong? Because I was told so at the competent SCI clinic I was seen at in the mid nineties- hospital room air getting into lube-bottle and then injected into bladder causes bacteria and other to get into bladder. I am quite frightened of more treatment. Fear for life. The urodynamics study did NOT use CO2, but instead a liquid (forgot what kind of liquid, sorry). This mechanic can put two and two together in situations like this. After all, repeatedly, I am told "nothing can be done, inoperable, have some pain pills" why go and risk more mistakes and injury if I have sworn off pain pills and Albertsons has motrin? If I get real bad with new stuff, I will "Move" back to southern California and see the TRUE EXPERTS at the SCI/ Dysfunction clinic, VA Long Beach, at VAMC, Long Beach, calif. (these guys were AWESOME!)(Highly recommended to those of you needing GOOD VA TREATMENT for SCI or SCI/dysfunction!) Sorry to ramble. Cannot see what above should be deleted. SCID vet aka mike

Marine! Welcome aboard- >>>>>Honored. Thank for your time, attention, everything! thanks to Hadit. (is Hadit named because "vets have HAD IT with the injustices", so to speak? (just curious!) How about NOBSVETS? (did you smile? The HNP DC 5293-? 5293 is DC for invertabral disk syndrome-IDS It might be the right code somehow- but - is this the C & P you got? >>>>>Yes, the 60 percent rating requires "persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to site of diseased disc, little intermittent relief. (I remember no relief, but whatever) >>>>>>If memory serves, that is what the NSO wanted (in 1993) to go after, it had the highest possible rating (60 percent). The IDS C & P changed in Nov 2003- I wonder how they are considering HNP ( herniated nucleus pulposus) as same thing- but they could be right- >>>>>I believe so, yes. they add a letter to "5293". I forgot what letter. Have you ever filed for the arachoiditis as secondary to your HNP? >>>>>>Yes, many many times from 1994-1998. Always denied, but separate rating granted for creative organ, neurogenic bowel, bladder, etc. >>>>>>HOWEVER, they never say whether arachnoiditis or 5293 causing it (conceivably either causes it, arachnoiditis making HNP worse, by causing nerves to be unable to heal, scar tissue not dissolving)'' >>>>>In MY Opinion, it is like (the convergence of a spinal cord disease where scar tissue cannot dissolve, AND a chronic disc pushing on the nerves, an exquisite situation. Like the headlights being out on a car AND the windshield frosted over, driving at night. The two together are totally, multiply, worse. Like a cold day AND naked, or like black ice AND a downhill slope. (its very cold here today in Central Oregon)(lol!) This BVA remand shows what I mean: http://www.va.gov/vetapp94/files1/9404498.txt >>>>>>ONce I reply here, I will print it out and read slowly, carefully. Remember, I am trying to concisely present all of this, so if I found an argument similar, I could reasonably follow the pattern in the appeal. (not copy facts, just the...pathway taken...in writing the appeal. THanks. In this claim they lumped the veterans spinal disease in with his arachnoiditis-yet this claim (lots to read) could certainly help you >>>>>>One thing I do not understand: Arachnoiditis IS a spinal cord disease- the nerves get stuck (scarred) together, so they no longer slide inside the spinal cord tube, or the cauda equina tube. Maybe will understand when I read the above case. -do you have loss of use of your feet in any way- seems to me you have potential of secondary for that-if this is secondary to the HNP-and it certainly could be- >>>Loss of use of feet: Hard to answer, can still ambulate some of the time. Absent reflex, achilles, trip and fall fairly often when ambulatory. Use walker often. When un-ambulatory, cannot sit up, use wheelchair, walk, stand for more than seconds. Takes up to 6 months to "recover". Left side worse than right. Honestly, is more like the pain in leg, back, makes it impossible to stand up, in that sense, cannot use feet. (sorry, know I am unclear here) Are the problems you had during Voc Rehab documented anywhere in the college records? >>>A little, but not directly, ie, good report card initially, then failing. Also, one "encounter record" from student campus hospital- pain in "Lat R leg". I happen to know why this is- I would lean to right in class taking pressure off of left sciatica, every day, this worked until disc started pressing on right sciatica. Woman who knew me, helped me, saw it all, unlocateable, (in New Zealand, back home) Person who was roommate similar, know name, cannot find. What might not be obvious here: Sitting makes the back pain, left leg numbness, other numbness, worse, always has. If the VA overlooks anything again, again, again, it is the inability to sit, even in a wheelchair. >>>>>Also, should mention "Yes, definitely!" by Voc Rehab personnel, but this is AFTER the 1993 date where the VA already granted all the benefits. This still seems pertinent to me because they are quoting me, saying "pain is ruining his life, he is unable to continue in Voc Rehab" (from memory) AND this is speaking about my experience PREVIOUS in Voc Rehab. >>>>>> Also, the VA medical file shows in 1992 showing up for E. R. unable to walk, couple times. (late 1991, to mid 1992) but these E.R just rubber stamp- it is not a mystery why I am there, so they dont really investigate- why should they? They just give me a shot, watch for hours, send home with relatives. Never admitted to hospital during this time for this condition. Can you get a statement from any students or teachers? >>>>>>>>I could, perhaps, as stated above. I do not think any teacher could remember. My thought was the couple times people (mormon church member owning shade tree mechanic shop) gave me job, then condition got worse (between chapter 31 participation) I have made some progress towards locating them. Suspect they will remember, because I was...going way, way, out to function (building simple scaffold in mechanic bay so I could work under hood of car, couldnt bend over fender, for example) so maybe I will be memorable after 18 years. Can you get this walking problem documented by any one else? >>>>>>Assuming you mean during the period in question, perhaps, as stated above. Has the VA ever given you any exam to explain these walking problems as due to balance or the HNP directly? >>>>No! they describe weakness in extremity (during time in question, 1986-1993) but again, this was an ER appointment for stepping on a rusty nail, it is mentioned, like it was already understood, noted in passing! (one of the two- four actual mentions of the S/C back problem objective symptomatology during period in question) You posted "then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates." What are the buttload opiates? >>>MS contin 15 mg four times day. Oxycodone 5 mg, four times day. Previously, it was exactly twice this, but at my request, he cut it in half to above stated amounts. Motrin- 800 mg three times day- (turned out in 1989, went for "upper GI" (found nothing) but because working, eating aspiring and tylenol and doans pills, burning stomach) (eventually found for self, Motrin not to be used at all daily- use in extreme emergency only, works fantastic, makes stomach... do very bad things. Was just in hospital aug 29 05, bleeding from both ends, for example (detail left out so as to be considerate) Medication for a service connected condition can often preclude any employment- let alone Voc Rehab ability- >>>>Agreed. During period in question, I was eating OTC NSAIDS (mostly aspirin and Doans pills) and Tylenol (didnt know any better) like tic-tacs, but no prescriptions from VA worth noting until closer to 1993. The BVA Remand -I tried to find it but couldn't -can you give us the Decision and citation date? It might not be on the web yet . >>>Is on the web? Wow! I can give it to you.. its right here. "October 7 2005 Docket # 94-32 396 . The word "decision " does not appear in the document. it says "Remand" then about 8 paragraphs. Then it says "in view of the foregoing this case is remanded for the following" 1) AmC or RO get Voc Rehab file (apparently Portland VARO lied! They claim file was retired, even though it was never, ever in portland, EVER.) (sorry, VARO portland misrepresented the factual situation) 2) REFER CLAIM TO Director of VA comp pension serv, undersecret for benefits for consideration tdiu under provisions of 38 cfr 4.16b 3) AMC or RO should then re-adjudicated the claim, if denied, issue SSOC before returning to Board. "The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though)" It would help us to be able to read the Remand statement to see what they remanded for- which is what you would need for the additional EED- >>>>>If I understand correctly, youre still talking about the remand, above? Do you get any SMC K awards at all? SMC Special Monthly Compensation Loss of use of creative organ Neuro Bowel, Bladder. not totally sure what K award is. Thanks very very much for your time, thoughtfulness. Your questions help clarify the situation. I could live with it if I have no case, as long as I KNOW it.. then I could reasonably (honorably) let it go. Thanks again. SCID Vet aka Mike

I am very pleasantly surprised by what was contained in the link "Routine monitoring" because I know full well there is a vast chasm between various regional offices benefits distribution. I have been saying so for some years now. Here is a prediction without bias, only from experience: "It will be found the following regional offices grant benefits in vastly differing quantities and frequencies; from lowest-granting states to greates granting: Oregon- lowest Idaho Not as low Washington Much less low, (medium) Southern California: Highest. I relate to you vets from direct experience. I am sad to report the quality of the VSOrgs also varies widely, though I can only say Oregon is less capable, and So California was supremely capable. I have only HEARD that San Francisco has the most "liberal" (generous with their time and attention) of most of the rest of the USA. I have no direct experience with this. God Bless America, its not perfect, but beats the alternatives. Mike aka SCIDvet

Dear Vets, Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA. I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993. Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis. The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable. The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent. I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job. VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP. TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people) Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall"" The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!) I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file. I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become). That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there) The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts? Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this: "If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU? Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C". I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve" The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery. I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that! Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse: "No air just came out of your penis, Mr Smith!" I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say. If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have. Advice to all vets: Dont Take Opiates unless you have a year or less to live. Opiates are the opiate of the dying. Dont be dying unless you have to God Bless America. Semper Fi. Never, Never, give up. Die before Dishonor. Let the next guy know what got/ killed you. {who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}

Dear Vets, Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA. I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993. Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis. The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable. The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent. I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job. VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP. TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people) Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall"" The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!) I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file. I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become). That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there) The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts? Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this: "If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU? Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C". I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve" The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery. I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that! Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse: "No air just came out of your penis, Mr Smith!" I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say. If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have. Advice to all vets: Dont Take Opiates unless you have a year or less to live. Opiates are the opiate of the dying. Dont be dying unless you have to God Bless America. Semper Fi. Never, Never, give up. Die before Dishonor. Let the next guy know what got/ killed you. {who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}