Scottyp65

Ron, Correct me if I am wrong, et al, but did you say you mentioned the problems with sleeping at your retirement physical and the Dr/Med folkes found no problems? Did you write this down or did the Dr write it in your MMR? Did they perform any test's and if so what ones? Did you mention it to the VA examiner at your C&P appt? IF you can show you mentioned it to the Dr's or at teh C&P, if that was a seperate appt, then you have a case for a CUE I would think. So really scour your records for the retirement issues and the C&P exam. You are allowed to do a Request for you Medical Recordes at the VA and this will include the statements from the examiner.

Ron, Having gone through a somewhat similar situation I can say that it can be done. I would try to get in touch with your Dr, if possible, and talk about how you asked for advise on your snoring. I also would look back and see if you ever were counseled on being sleepy/sleeping on the job, if it happened. Perhaps there is a rating report which speaks to your being tired? Did you ever deploy or room with someone who complained about your snoring and they asked to be reassigned to another room? Then contact that person and have them write a short and to the point letter saying just that. On the medical front, do you have high blood pressure? How about acid reflux or orther issues attributed to OSA? Then find a few references in your military medical record (MMR) for eveidence. Then if you can have your Dr make a statement on how the symptoms of OSA were present while you were Active this will help greatly. As I understand it if you can have a Dr say it is at least as likely you had it as not then you are so much more there. I would also see if your sleep Dr can make a statement on the severity of your OSA and that it took a period of time, such as to be inclusive of your Active duty period, to get to the point you are at today. This should be a start.

Waiting somewhat patiently............

Bound, I feel the same as you do. But to make things a bit easier what I do is to just ask Vet's if they have applied for their benefits. If not I point them in the right direction, at times initiating the calls and getting forms. I have also prepared a short check list and some reference materials for them. This site is right on top:) I have led 4 individuals to our local (Great) county VSO's and things have worked well. While I am not a SO I can lead a person to a point. I have also educated those with benefits now how they CAN reapply for an increase as warranted. This is what I do. Best O Luck on your journey scotty

For the weekly update: Called and was informed the DRO reviewed the package and had it sent to a rater/s. The package was returned from the rater to the DRO. The next step is to have it ajudicated. Which can be a longer process than the DRO part of it, as told by the person on the phone. ... So is there a chance the review will not invole a hearing?? Slightly confused on this end.

Thanks to all. I will be sure to bring copies of evidence and stick to the points of issue. Scotty

Okay so now I have questions on NOD's and DRO's.

All I can say is I get the "Special K"B) and the little blue pill.

Well I know a bit more now. The Gent I was speaking of arrived in 1970 and left in 71. He was in the MAG 11, 3rd MAB. I had him start the process with our local county VA rep today and hopefully will be fiing his informal claim next week. Should be a heck of a ride. My hope is to get his hearing and vision taken care of first, and then have him speak with the VA about PTSD. Will keep ya informed. Thanks for the links, Scotty

I will look his DD FM214 over and get the unit designators from him. He worked on OV-10's and so I take it from that he was in a Fixed wing support unit. Thanks for the support I will keep you posted.

for a job as a QA for appealed cases and such! I was tempted but then thought of the 1+hr drive each way. Don't need the hassle. Also just met a Marine Vet 68-74 who either put in a claim back in 75 or went for medical attention at the local VA hospital and was told to go away. He is in my opinion a very good candiate for PTSD, and neumerous other issues. So he is going to bring his files and such over and we are going to see what is what. Will be interesting and fun. He is a home builder/carpenter who is doing work in the house for me. Told him when the claim goes through he may just owe me a big dinner:) Naw, just want to help him out. He deserves it. Any of you folkes know about conditions in a place called Da Nang (sorry if I misspelled it). He was there for most of the time in service. aircraft engine machanic. Thanks

I called the VA last Friday and was informed there has been a couple of wrinkles thrown into the mix for now. Wouldn't you know they are VERY valid ones to boot, so will sit and wait it out. The SOC to be written by the DRO will be a bit longer in production as the office has been cut in 1/2 as far as available DRO's. Of the 4 the office has one just left on maternity leave and the other is off to Iraq. So ya can't find fault in that now can ya! The conversation was great with the rep I did talk to and things are what they are. So just an update.

Okay for the sake of traking time, my NOD went to the DRO on Tuesday the 21st. Now I/we can see how long it takes for them to get this done.

I have not been in your situation before so really don't know. BUT....... I would say your disability is fairly safe. Your concurrent disability pay may be another thing all together. However, it may be in some states there are laws to take your disability to, but I would doubt it. This is really going to take some legal advise from someone who specializes in representing a military member in divorce proceedings and not the comments from board members. Best O Luck.

Leap, Focus on getting things service connected. Then you can work on increases and such. Just my opinion and we know what those are like. I started out at a total of 60% and am now 1 year later 100%, with some of the same medical issues as you. As long as a condition is SC at 0% you can get it increase if you can prove it is warranted etc. So keep after the PTSD, let the sleep study happen when it happens. Again my 2 cents.

Next week I have a "procedure" at the VA. With everything said and done on the forum here I was wondering what all of you thought on the subject. I have a stricture in my throat, I belive it is from the acid reflux, that is to be basically ripped by the passing of a batton in the area of the stricture. FUN ehh:) Wonder seeing as this is the 2nd time in 18 mths this is being done if I could apply for an increase in my 10% rating for GERD? hahahahaha ROTF LMAO:)

Just as a note to those that read through this post to also take into consideration those who were exposed to asbestos while on deployment to former Soviet Bloc countries like Hungary. I was there and the buildings we occupied were all covered, floored, and insultaed with asbestos. I was stationed with a gentleman who did asbestos abatement when not puuling his guard time. He commented how the bldgs we were occupying were emitting tremendous amounts of asbestos from all the broken tile and siding. He said these same structures in the US would have consituted a major clean-up operation. But we worked in them for months on end. Gotta love the Army. The Commanding General for the 21st TAACOM, MG Wright for Operation Joint Endeavour died something like 3 years after our stint in Hungary, of Lung Cancer. nuff said. I have done some research and have found papers wear the Army had to perform some types of remeediation for asbestos in these countries. So if you were there now you know.

Morgan, But I will say this, I won't turn down ANY $. thanks.

Congratulations!!!!

Carlie, Time to start a peeing:) hehehehe the VA has made good and the proof is in the account!!!!!!!!!! WHOO HOOO!!

Raven, Just be sure to look through every page of your military medical record! Best O Luck

I don't know how to do the posting thing so here is the story. Patient charges spark Bay Pines inquiry A World War II veteran files a long complaint list, many centering on his care by the hospital's dialysis unit. By PAUL DE LA GARZA, Times Staff Writer Published February 9, 2006 -------------------------------------------------------------------------------- SARASOTA - It was early December when World War II veteran Eugene Bostrom checked into Bay Pines VA Medical Center to learn how to use a prosthetic leg. During his three-week stay, the 79-year-old suffered a heart attack and a fractured leg. He developed bed sores and a fungal infection. The hospital eventually sent him home without his prosthesis. Bostrom's family contends his health complications were aggravated by poor dialysis treatment at the VA hospital in St. Petersburg, noting he gained a dangerous amount of weight. This week, the VA inspector general said it would investigate Bostrom's complaints. Word of that investigation came as Congress and the inspector general began another round of inquiries into the long-troubled hospital, based on an anonymous letter alleging mismanagement and poor patient care. Bostrom says he filed a complaint because veterans deserve better care. "When there's a wrong," he said, "it has to be righted." Bay Pines declined comment. Bostrom's visit to Bay Pines occurred as the VA inspector general was wrapping up an investigation of the 17-member dialysis unit at Bay Pines, which performed 5,261 treatments from October 2004 through June 2005. That investigation, prompted by an anonymous complaint last summer, claimed staff was not properly trained and did not follow generally accepted policies and procedures, resulting in poor care. The complaint also said patient safety and infection control violations frequently occurred, and that dialysis treatments were falsely documented. Investigators substantiated several of the charges. In a report released last month, investigators found that the unit "has not developed sufficient internal policies and procedures and lacked an adequate organizational structure to ensure that the quality of care provided to dialysis patients meets acceptable standards." Investigators also found that Bay Pines "did not adequately document dialysis patient care, properly report incidents and errors, or correctly report dialysis workload data." Other key findings: Technicians not licensed to dispense medications mixed solutions for dialysis treatment by "eyesight" rather than more accurate means. Equipment used in the process was not bacteria-free. A lack of clear policies and procedures resulted in staff following inconsistent practices. Staff used protective clothing and equipment incorrectly, with gowns open, sleeves rolled up, and without protective face shields. "We also observed (Bay Pines) electricians placing their tools on top of a dialysis machine and working in close proximity to a dialysis patient while not wearing protective equipment, which presented both a patient safety hazard and an infection control issue," the 21-page report said. Patients generally were "very satisfied" with dialysis treatment at Bay Pines, the report said. In its recommendations, the inspector general said Bay Pines needs to improve the operation of the dialysis unit by strengthening staff training and developing comprehensive policies and procedures. In response, Bay Pines said it would implement the appropriate changes immediately. After losing his right leg to diabetes last summer, Bostrom was admitted to Bay Pines Dec. 6 to learn how to walk with his prosthesis. During their visits, the family noticed something peculiar. "He kept getting fatter and fatter and fatter," said his wife, Jeannine. Before long, she said, the prosthesis no longer fit because he had gained too much weight. All along, she was assured he was undergoing dialysis. On Dec. 20, Bostrom called home to say he didn't feel well. He also said he had fallen in the bathroom and that "something cracked." It would be several days, Mrs. Bostrom said, before he was fitted with a soft cast for a broken leg. Later that night, the family got bad news: Bay Pines called to say he had suffered a heart attack and that it didn't look good. "I was hysterical," Mrs. Bostrom, 73, said. On Dec. 28, Bostrom was discharged. He said he was put on a bus and sent home in his pajamas. He said he asked for his prosthetic but that it had been misplaced. After a two-hour trip, Bostrom said he was left in front of his house, in his wheelchair, alone and cold. "Unbeknownst to me, they never called Jeannine that I was coming home," Bostrom said. "Jeannine didn't have the vaguest idea." After nearly two hours, a neighbor saw him and reached his wife on her cell phone. A week later, Bay Pines delivered him the prosthetic. Immediately after he was discharged, Bostrom sought treatment at a private hospital. In three days, the family said, 18 pounds of fluid were drained from his body because of improper dialysis. The Bostroms are angry with Bay Pines, which only a year ago was the target of multiple federal inquiries into mismanagement and poor patient care. "He could have sat outside all night and be dead in the morning," said Bostrom's son, retired Air Force Lt. Col. Larry Bostrom. "Somebody needs to be held accountable for that." On Jan. 26, with the help of his son, Bostrom filed a complaint with the VA inspector general. He says his goal is to improve the quality of care at Bay Pines. "It would be a pity if it happened to anybody else," he said. Paul de la Garza can be reached at delagarza@sptimes.com or 813 226-3432.

I have no idea about what type of claim you can pursue, but I am going to like reading the posts:)

DeeDee, I am not sure how your regional VA office will respond with a guard type claim but just the fact they have scehduled a C&P for you is good. My wife is doing the same thing and later this month she will have her apt. She was both active and guard. I posted the following from another C&P question. I apoligize for it being long and such. If you put in a claim then this is the VA's action to gather information on your condition. They will have you interviewed by an examiner who will ask questions on your stated claim. So if you claimed you had sore knees, they will ask you to extend and flex your knee and then maybe grab your leg and check for stability etc. Then they will have you get x-rays to see what is going on in the joint etc. Of course if it is a different area you can apply the concept. Now it is critical you tell them the worst condition you have. So using the knee as an example again you want to tell them how it hurts on your WORST days. And do it as if at the exam is your worse day. If it is your back that hurts and it keeps you from sitting longer than 20 min at a time, then be sure to stand up at the 20 min point. The issue here is to of course always represent the truth but at the same time DON't Be a HERO. Some of the determining factors are: 1. How often does it hurt 2. How bad does it hurt 3. How long does the pain last 4. WHAT IS YOUR PAIN FREE RANGE OF MOTION!!!! So if it is your shoulder and you can lift your arm to above your head but it hurts when your arm is paralell to the floor then stop lifting your arm when if FIRST starts to hurt. Remember no HERO stuff here. If your knee hurts when you bend down to pick something up off the floor tell them if hurts EACH time you bend down to pick stuff up, or when you do stairs. Again always the truth but never a hero. Then finally the one question that had me stumped the first C&P, which lead to a 6mth delay in my rating of 90% from 60%, was how does it affect your life and or work. So in my case my ankles are pretty bad off as are the feet. So when asked the question I had a deer in the head light look = 0%. On my 2nd C&P I had been fortunate to have just had the question answered for me by my son. He had a night terror, no fun, and I popped up out of bed to run find out what the heck was going on. Okay so I didn't run, instead the shooting pain in my feet and ankles sent me in to a wall smacking my head and then down to the floor making a glancing stop at the footboard of the bed. The wife stepped over me and took care of things (as usual). So we determined there was no more popping out of bed for me anymore. So I told this to the C&P examiner, the same one I had on the first exam, and low and behold 2 10%s, a 30%, and a 20%. All the time the same conditions for all areas BUT now I knew the right way to respond to the questions. Sorry for such a long post. I hope it helps some.

If you put in a claim then this is the VA's action to gather information on your condition. They will have you interviewed by an examiner who will ask questions on your stated claim. So if you claimed you had sore knees, they will ask you to extend and flex your knee and then maybe grab your leg and check for stability etc. Then they will have you get x-rays to see what is going on in the joint etc. Of course if it is a different area you can apply the concept. Now it is critical you tell them the worst condition you have. So using the knee as an example again you want to tell them how it hurts on your WORST days. And do it as if at the exam is your worse day. If it is your back that hurts and it keeps you from sitting longer than 20 min at a time, then be sure to stand up at the 20 min point. The issue here is to of course always represent the truth but at the same time DON't Be a HERO. Some of the determining factors are: 1. How often does it hurt 2. How bad does it hurt 3. How long does the pain last 4. WHAT IS YOUR PAIN FREE RANGE OF MOTION!!!! So if it is your shoulder and you can lift your arm to above your head but it hurts when your arm is paralell to the floor then stop lifting your arm when if FIRST starts to hurt. Remember no HERO stuff here. If your knee hurts when you bend down to pick something up off the floor tell them if hurts EACH time you bend down to pick stuff up, or when you do stairs. Again always the truth but never a hero. Then finally the one question that had me stumped the first C&P, which lead to a 6mth delay in my rating of 90% from 60%, was how does it affect your life and or work. So in my case my ankles are pretty bad off as are the feet. So when asked the question I had a deer in the head light look = 0%. On my 2nd C&P I had been fortunate to have just had the question answered for me by my son. He had a night terror, no fun, and I popped up out of bed to run find out what the heck was going on. Okay so I didn't run, instead the shooting pain in my feet and ankles sent me in to a wall smacking my head and then down to the floor making a glancing stop at the footboard of the bed. The wife stepped over me and took care of things (as usual). So we determined there was no more popping out of bed for me anymore. So I told this to the C&P examiner, the same one I had on the first exam, and low and behold 2 10%s, a 30%, and a 20%. All the time the same conditions for all areas BUT now I knew the right way to respond to the questions. Sorry for such a long post. I hope it helps some.