Troy Spurlock

Thank you Berta for your kind words and support!

Thank you again Carlie, tonio, and T-Bird...as well as everyone else who has posted the same. When I graduated college in 2008 I applied for the Regional Office and was lied to about how much education I needed (per an inside source who was a Team Leader on the Appeals Team who didn't even have a college education); and a little more than a year ago I tried a VSO position at the County level and was yet denied again merely because I never represented a veteran before a "Board" before. I respectfully told the panel that I wrote my NODs and Appeals so effectively I have yet had the need to appear before a "Board." Anyhow, the County Commissioner and another veteran in charge of the local American Legion wanted me hired, but they were outvoted 3 to 2. It's okay though, working on my own I have more freedom to speak in the interests of the veteran and not restrained in the interests of the government. Hence my effective results in assisting those who find me by word of mouth. Harleyman...I appreciate your suggestion as it will help in not only this particular Navy Veteran's case, but another Army Vietnam veteran's case where I recently learned we lost 3 out of 4 claims (I knew we would because he just didn't have the evidence (he couldn't afford an independent medical examiner evaluation/report), but I gave it my best shot...; notwithstanding, he is increased to 80% and has been unemployed for quite some time and the VA provided a history of his disabilities and ratings which I feel the same form you suggested may work for him before I file any NODs on the denied claims. Never give up! Never surrender! Perseverance does pay off in the end... Troy Spurlock

Thank you for that advice, I will definately look into that!!!

I did, and thank you! :-)

Carlie, The cover letter states that the estimated amount of retro benefits is $126,357.67!!!! He was granted the following: 50% depression effective August 31, 2011 30% Nephropathy (Nehmer Granted) effective Feb. 28, 2001 20% Diabetes II (Nehmer Granted) effective Dec. 6, 2000 His 40% degenerative joint disease, lumbar spine is continued...as were a few other conditions rated at 0% The unemployability was denied on a December 2000 C&P. We have a letter from SSA showing when he began drawing disability, and sent a request for records from PERS when he went on disability...and all of his medical records since clearly establish that he cannot work. Once he gets a NEW C&P for the NOD of this claim...I don't see getting 100% unemployability as being a problem right now. Troy

You know, this really ticks me off!!! You sound just like my supervisor at work with such an unjustified comment! It is NEVER about me! It is ALWAYS about the person I am helping! Be it at work with customers or the veterans I selflessly serve on my dime (time and expenses in providing this assistance)! I have every right to be proud of the fact that I can successfully represent the best interests of the veteran I am helping and announce that I am happy with that success!!

Since December 2000, the Navy Veteran put his hands in the VFW to no avail. Less than 2 years ago a neighbor put me in contact with him and in less than that two years...I fought long and hard and in less than that 2 years he went from 40% to 90%n as of today. The last hurtle is unemployability since he has been disabled since his last job (ENRON) in December 2000...the VA this date based its denial of unemployability on that December 2000 C&P exam. 13 year old data, denial, yet in the current rating granting a lot of Agent Orange conditions that by sheer common sense on its face proves he is unemployable...they still denied him. I think it's a bone, and I am going to take it and chew on it. NOD going to be filed this coming week. Either way, we came a long way in a short time with a few letters and strong language (strong, but polite or profession....depending on your subjective interpretation) demanding a proper review of this veterans case. Anyhow, another star in my belt...and I will continue the good fight!! TS

Found out yesterday that the research I did and gave to his widow, which she took to a local VSO, was used and in a little over two months they upgraded my friend's rating to 100% so she will get $1500 a month DIC. Success!

Thanks for the replies At this time I don't know why she was denied DIC. He was 100% unemployable, from what info I have gathered this far. I will know more Thursday when I get into town there and visit with his widow who has his paperwork and the denial letter in his briefcase to take to my Kim's with me to review and see what I can do. Until then I will review and look more into what has been posted and linked to this far. Again, thanks!!!

A VERY close family friend passed away suddenly a couple weeks ago, and he was married three time, the third wife he was married to 31 years. Apparently he didn't change his insurance beneficiary information so his first wife and son got the insurance, but the VA sent a letter to his current wife/widow stating they are denying her anything even though he was 100% P&T S/C. I am digging into the CFRs and USSCs, but any insight into this would help speed the process, as I leave in 5 days for home to attend his funeral and pay my respects, and attempt in any way I can to help her get something from the VA has his current spouse of 31 years with dependents with her. thanks! Troy

Thank you all!!! I've learned a lot being a member here over the past several years; many taking the time to answer questions I've had, and even more are the great exchanges between everyone that helped along the way in helping this veteran and a couple others I've since been helping. So thanks to all of you too! Cheers!!

Finally hot word on the last rating of three won at the BVA for the Vietnam veteran I have been helping. This one was te biggest win of them all, he fought this since he got out and the most recent reopened claim that I took over in 2008 was May 2007. He got 30% for his skin condition claimed as chloracne. When we first met he was ready to give up and live out his 20% rating he had. Now he is at 80% since June 2009, so his five plus year back pay should be a nice check. He was my first test case of helping veterans with their claims and appeals and I believe I can say it was a success.

One year ago this month the last appeal of three I won on behalf of a Vietnam Veteran has finally been decided on percentage wise by the RO. This veteran has been fighting his skin condition, claimed as chloracne, since 1974 with a recent reopened claim of 2007. Since I won at the BVA, the approved 30% rating was backdated to 2007!!! All claims applied and fought for this veteran won! Whene I met him he was at a mere 20%; now he is at 80% as of today because of me knowledge and experience dealing with the corrupt VA "insurance" rubber stamped denial practifes!!!

John, I advocate on my own and not with any state or federal VA, they're too corrupt and most VSOs are lazy, at least those I've come across and heard about. Encourage the gentlemen to keep filing/appealing, doing so isn't going to make them lose their benefits. That only happens if it can be medically proven that they are better (meaning the rated condition no longer exists), which is most unlikely to happen.

Thanks Carlie, I just got a copy of his C&P the other day and I will have to review it know the DC comes the doctor used and cross reference with your information.

Recently found out the VARO gave the veteran I am helping 0% for the acne vulgaris until a C&P examiner can determine any reoccurring symptoms and whether or not any scaring and/or deformation is present. Well I can tell you he does have scarring, his neck is deformed from it, and he has reoccurring symptoms of the chloracne, the the va sees it has acne vulgaris. Anyhow, if everything goes well and the doctor writes it up correctly...fingers cross they will give him 10% backdated to May 2007.

Thanks all... And thank you all for your service and continued service in helping other veterans yourself. Even the discussions herein help those of us either advocating for ourselves or for others. TS

What's really sad about that ruling is the misdiagnosis of a general medical practitioner as "acne vulgaris with boils" and the lay statements from his wife and second wife, in addition to friends and family (as well as the veteran), that detailed in sickening detail of the puss and smell and pain he went through due to 'chloracne,' a skin condition that medically shown in my argument that even the most expert of dermatologists admit that they have difficulty in differentiating between acne and chloracne. Notwithstanding, it was was a win nonetheless; sadly the RO is dragging its feet since Feb. 2012 when the BVA ruled on this to give him a S/C % rating. That's all we're waiting on right now. TS

Oh, the one claim I lost on was the date of claim on his PTSD increase. The BVA basically made a semantics argument in how the increase was asked to begin with. When I first began I tossed in CUE on the initial rating (which the C&P examiner agreed upon and stated so in his examination that resulted in the increase) while stating an evaluation for an increase was in due order. The RO focused on the first statement and ignored the second until it was made blatantly clear in a subsequent writing, which is what the BVA focused on as the official date of claim and not the first writing. So, okay...though it was a lousy justification (semantics), win some lose some...and in the end this wasn't a bad loss since he did get the increase from 10 to 50 with some back pay to boot. TS

As some or many here may know, I began my personal venture in helping other veterns with the claims process back in January 2008. And as you all know it takes time, often a lot of it to get things accomplished where the VA is concerned; many times leaving so many veterans frustrated they just give up. Well, the Vietnam veteran I met where I work was at that point until he met me. Though it took 4 and a half years, over that period I got his PTSD increased from 10 to 50%, got his skin condition service-connected under Agent Orange exposure, and as of today his left knee condition that was put back on the RO on remand from the BVA to "expedite" the processing of this claim (the RO received it in Feb. 2012...9 months isn't exactly under the defintion of "expedite"), he was granted 30% for his left knee condition backdated to June 2008. With a spouse and a dependent on record, the difference between his previous and current overall rating he is going to get a nice retro check this holiday season! Needless to say, he's pretty stoked about it. I am too...because had we not met he wouldn't have been in a position to retire when he did and now he gets a little bit more to make things right for him and his family. However the RO is still dragging its feet on giving him a % rating for the skin condition though the BVA granted it back in February 2012. So, that final % has yet to come... Notwithstanding, though it took some time, it was a great win all the way around not only for him but for me in knowing that I can represent a veteran all the way to the BVA, without a hearing (effective writing and presenting the arguments on paper vs. face to face video conference) and win again (I won my own appeal back in 2004 at the BVA which pushed me over the threshold between 90 and 100%)!!! I can only hope that I am equally sucessful helping two other Vietnam veterans I have been introduced to since then and have been working on their cases now for several months. One of them includes an 1151 claim, which the RO is taking seriously as they called me a few weeks back to get some clarification on it and I feel good about it going our way. We'll see...only time will tell. Anyhow, as I have always believed in and tell every veteran I meet...perseverance, patience, and putting forth the better argument will put you on top and win the case at the end of the trial and tribulations dealing with the VA claims and appeals process. TS

He's already gone through the court system, however, here in Oregon we did pass a bill that DAs and Judges can take into consideration the veteran's mental/health status in reducing the charges, etc. I do not know if his court and sentencing was before or after this legislation. I will have to ask his attorney (my friend) on that one; and pass along a few good points made by Chuck. Thanks! TS

Thanks Chuck...good reply/thoughts.

Again, he was convicted of charges related to burglary and he is at the state hospital because the prison wasn't equipped to treat his physical combat wounds, specifically his back.

Apologies...I thought I gave enough info for a general if not specific answer on point. I'll try again... Iraq/Afghan. Vet returns from combat tour of duty having combat injuries, PTSD, TBI, and severe back injury that has for the past couple years required surgery but the VA dragge it out (took me two years fighting VA to get them to do my back surgery). Vet doesn't adjust we'll, self-medicates with alcohol and gets involved with wrong people and comits crime that lands him in a state prison; however, due to his combat injuries he is committed to the state hospital instead of prison. Vet has an attorney, but he is new to representing veterans an asked me if I knew anything in this area. My first response was that now that the vet, his client, is a ward of the state the VA passes the buck (responsibility) for the vetetan's health care onto the state. This attorney, being an OIF/OEF veteran and officer himself is ticked because he firmly believes incarcerated or not, vet injured in line of duty and service connected for those injuries, thus it should be the VA providing him the back surgery he needs. Bottom line, I was curious I anyone hear of any similar situation and if there was case law giving a veteran a loop hole to force the VA to provide the health care the veteran deserves if the state isn't providing it?

I've read the basic brochures, fliers, and other related information that makes it pretty clear that once a veteran has become a ward of the state...the VA wants to pass the buck onto the state to care for the veteran and their service-connected injuries that may or may not require immediate attention. Is anyone aware of any loop holes or case law that would essentially put the burden of care back onto the VA for a war time clear cut-n-dry physically debilitating condition that has been granted s/c and rated s/c? A new VA attorney and friend of mine inquired if I knew anything since I work in a criminal justice field and close to the county jail (which clearly isn't state prison). As of right now the convicted veteran who returned from war and didn't adjust well got into the wrong crowd and got caught burblarizing a home. He's now at the state hospital where he likely won't leave due to his debilitating back condition, and there is no hint of the state giving him the surgery he needs to correct it. So, any insight into this would be most appreciated. TS