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RockyA1911
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Posts posted by RockyA1911
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I looked all over the VVA website and could find nothing on Agent Orange Coverage Expanded nor the article. Just old stuff on the Agent Orange section with the latest date of Jan-Feb 06. Where exactly did you find it on this website?
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Holy Cow Frank!!!! I was BORN in 1949!!!!!!
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I was in the same boat for hearing loss. I did not have any hearing loss, just tinnitus. However, be careful with VAMC hearing loss tests and interpretations!
I know of at least 5 vets that had the VAMC do the hearing test for C&P and all 5 were reported to have hearing at the 98% range with no significant hearing loss.
In reality all 5 of these Vets went and had another hearing test by a civilian licensed audiologist. 3 of the 5 were almost deaf in one ear and could barely hear out of the other, the other two had 50% hearing loss. The VA denied their claims for hearing loss because the C&P said 98%. Apparently this is wide spread and you more than likely will not get a fair shake on hearing loss from the VAMC audiology department.
Anyway, these vets took the reports and sent them in to their VA PC doctor who scheduled appointments for them in augiology. They had to go back and have the wax pu in their ears and stuff for fitting of hearing aids.
Talk about a hoot!!!! These vets whom I served with 3 of them are still juggling their NODs for hearing loss since last November. How crazy is that? The VA fitted them and gave them all hearing aids, but yet the C&P reported all of their hearing was at 98% with only 2% hearing loss. You would think the VA would just concede this kind of crap. How can they say these vets don't have hearing loss when the VA furnished them with hearing aids?
Be careful and be wary of the VAMCs hearing loss findings. I have heard of more and more vets where the VA stated their hearing was in the 98% range but yet have to wear hearing aids furnished by the VA.
There is definitely something wrong here. If I myself experience hearing loss, I will get the IMO FIRST and turn it in with the claim as medical evidence. AND I suggest you all do the same!
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Also, tinnitus has many other causes in addition to military noise exposure. High Blood Pressure and also either an open or closed Traumatic Brain Injury can cause tinnitus too. It is not limited to noise exposure such as in an actual battle engagement. Any vet that has been issued the CIB (Army) or CAR (Navy&Marine Corps) from Vietnam or any other war or conflict is proof enough of sufficient military noise exposure to warrant S/C for tinnitus. A PH is not an automatic for proof of tinnitus unless there is a CIB or CAR also awarded. All other must provide sufficient evidence from what I have seen.
Mine is two fold. I am S/C for open TBI with skull loss of 4.5 x4.5 cm and also military noise exposure as a Marine Corps Vietnam Combat Vet with a CAR.
Like I said previously, my C&P Exam consisted of only and interview along with my C-File and did not take more than 5 minutes. If you were in actual combat you will get awarded tinnitus with the CIB or CAR.
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jstacy,
It is simplified if you make it so. All you need to do is break down the main tasks as to what happens when a claim is received at VA and who gets it and where it goes from there towards a claim decision. For example below:
b. The VSC Teams The table below describes the functions of the six specialized VSC teams that comprise a typical VSC Organization.
Team Functions
Triage • reviews and controls all mail, and
• processes actions which can be completed without the claim folder, or which may require brief review of the claim folder to verify eligibility
Pre-Determination • develops for evidence for rating issues, and
• prepares administrative decisions
Rating makes decisions on claims that require consideration of medical evidence
Post- Determination • develops for evidence for non-rating issues
• processes awards, and
• notifies claimants of decisions
Appeals handles decisions with which claimants have formally disagreed
Public Contact handles personal interviews and telephone inquiries
Reference: For information on the VSC Organization use at the Pension Maintenance Centers, see M21-1MR, Part V, Subchapter iv, 1.3.
It starts with Triage, then Post -Determination team, then Post Determination Team, and if necessary Appeals Team. Public contact team handles personal interviews and telephone inquiries.
Not complicated at all. 5 item flow chart. Use the information in the Service Center Policy, not verbatum, use what you need and put it in laymans language.
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Beg to differ. There is NO hearing test or ANY OTHER type of test that will prove tinnitus. It is not in the ear but inside the head. What you had 1968 VV is a HEARING test to show the level of hearing loss and hearing loss is where you cannot hear high pitched sounds, not tinnitus. There is not now or has there ever been any type of test for tinnitus., hearing loss yes, but not tinnitus. It does not show up on any kind of test for hearing loss either. Don't be cornfused between hearing loss and tinnitus. I have four Marine buddies too that all had the C&P for tinnitus, and two C&P for hearing loss.......none of them including me had any kind of test for the tinnitus.....just an interview by an audio C&P examiner. I'm sure there are others on here that have S/C tinnitus and none of them had a test of any kind. It is your word, where you were, and what you were exposed to and that is it. If the records and DD-214 show you were in combat in Vietnam, then they have to take your word....simple as that.
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When I had my C&P for tinnitus in June of 06 it consisted of just an interview in the VAMC Audiology Dept. It took less than 5 minutes. I explained that prior to and during and after Vietnam until I was discharged from the Marines in Nov 1976 we did not have nor use earplugs except at the rifle range we had pieces of cotton during annual qualification. I also mentioned all the Rocket, Mortar, Artillery, and bomb explosions along with very loud and close small arms fire from '68 to '69. He asked if I worked in noisy environments in civilian life after the Marines and I told him I worked in administration, etc and did not hunt or fire guns.
I told him I've had high pitched ringing in varing degrees and crickets chirping and other high pitched frequencies, and the ocean etc since during Vietnam.
That was it. I got the C&P report copy and it said Chronic Tinnitus more probable than not the onset was caused due to military noise exposure.
My Claim is still in a Ready to Rate Status, but I have not gotten anything yet but I hope to soon.
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You mean like the attached Service Center Policy claims step by step process? It would probably be best to do it using microsoft power point charts, then scan them in as a .pdf file. That way all can read it and Adobe Acrobat Reader is a free download from the internet to all that don't currently have it.
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I did not have to prepare or furnish a stressor letter at all. I did have combat awards on my DD-214. The C&P examiner assessed GAF of 52 and diagnosed Chronic PTSD, Depression, and cognitive disorder. Of course the C&P was done in Jul of 05 and I have yet to receive a decsion on my claim........going on 18 months now. They said it is in a ready to rate status.
Should I prepare a stressor letter at this late stage of the game and send it in John?
Will the VARO deny my claim due to lack of not composing a stressor letter? The C&P examiner stated "PTSD is conceded" in the report.
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I myself am on 18 months from the initial date of claim, simple claims with all the military medical and VA records, and C&Ps as proof. Should have been fast and easy. I do understand there are some claims that are complicated such as having to search for records or missing records or difficulty in finding info for nexus etc.
But instead of getting better at decreasing the lead time from effective date of claim to award is seriously getting worse, even thought the VA has reported they instituted procedures that now reduce the length of time to where the average claim is decided in 229 days.......Bull Hockey!!!!!!!
If a vet files a claim today and he has all the supporting documents needed to support the claim they can now assume 2 years from the date the VA receives the claim.
This is appalling! What can we do about this? Barrack Obama and Durbin have hammered them over the heads to speed things up and it is getting worse and taking longer for claims to be completed.
I called them again on mine today and was told it is still in the "Ready to Rate status" and has been in that status since June. They said they anticipate completion by the end of September so that is then 19 months if they hold true to there word. But then again I have heard this several times over the past 18 months.
We deserve better and the american citizens deserve better than this. No other government organization would be in business anymore with these statistics. There needs to be a total reorganization of the way they do business in the VA. There are government agencies and private agencies that do as much or more volume than what the VA process and a lot of them with more bureacracy than the VA and they still get the job done in a suitable time frame. It's called managment and oversight and the VA is not using those tools.
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I spoke with the Law Firm this morning, they called. They went over the dates I was at Camp Lejeune and all my past and current illnesses and conditions. The have a list provided by experts (scientists, etc) proving TCE as cause for a lot of conditions and I had most of them. She told me there was no fee for them to represent me at all and no charge for any monetary award. I assume they sue the government for the legal fees.
I specifically asked about neuropathy because my brother in law has recently come down with it bad, like all of a sudden. She said neuropathy is one of the conditions associated or caused by TCE. She said the TCE eats away at the coating covering of the nerves and over extended time it appears to have all of a sudden appeared.
Very interesting. Also and the best part they are not like the VA with the likely as not or more probably than not, etc. She said they have experts that will test our DNA and it will show the TCE in the DNA, therefore there is absolutely no contest if the TCE is in the DNA and you have a condition or illness proven to be a cause of TCE.
She asked me to pass along her number and extension to any other Marines or other folks that were at Camp Lejeune or lived in the dependent housing areas 1968 and earlier.
Her name is Courtney and her number is 1-336-993-7958 ext. 106. Or toll free area code 866.
There I've passed it along, so git 'er done.
8/5/2006 - Important Article From The Herald/Law Firm
Herald Article and Law firm info - posted by Terry on 8/5/2006 Message: Local man part of national action against U.S. military BY MATT OTTINGER, HERALD EDITOR CAMP LEJEUNE, N.C. – An Evanston man has joined a campaign against the United States Military for negligence stemming from contaminated water on a North Carolina Marine Corps base. Thomas Kelsey, 50, a Bountiful, Utah native who has lived in Evanston since 2003, has endured years of what were initially mysterious medical problems since he was stationed on the base in the 1970s. His wife and five children have each dealt with similar health problems since that time, as well. “My son, who was conceived and born on the base, had full-blown arthritis,” Kelsey said. Now, Kelsey says his family has been plagued by a litany of problems, including birth defects, stunted growth, thyroid problems, lung disease, heart disease and many more. “I’ve got an incurable rash on my upper body, migraines, muscular-skeletal disease, and every joint and bone in my body is deteriorating,” he said. “I finally had to start using a wheelchair.” Kelsey also noted the women in his family have been hindered by a host of reproductive problems. Kelsey, however, is not alone in his battle. He is one of hundreds who have enlisted the help of North Carolina law firm Anderson Weber & Henry as part of what will likely be a civil action suit against the U.S. Department of Defense. “We haven’t filed a complaint at this point,” said Jeff Weber, an attorney at Anderson Weber & Henry. “We’re still doing investigating and interviewing clients, but we’ve been at this for a year and a half.” Weber noted the Department of Defense is “refusing to have conversations” about the matter, and believes filing a lawsuit in federal court will be the next likely step. “These people are trying to get medical help and testing and they may have critical health problems they can’t afford to take care of,” he said. “Some have even died because of it.” A website (watersurvivors.com) has been created by a group called The Stand, formed by sisters Terry Dyer and Karen Strand, two sisters who lived at Camp Lejeune for 15 years. Although an amendment to provide a reimbursement of health costs was defeated in the legislature, an amendment promoting a study and notification of military families who were potentially exposed to highly contaminated water at the base was approved in June as part of the 2007 Defense Authorization Act, which passed the Senate 96-0. The amendment was authored by Senators Elizabeth Dole, R-N.C. and Jim Jeffords, I-Vt. Although the base closed the contaminated wells in 1985, they had been active since the late 1960s. The U.S. Agency for Toxic Substances and Disease Registry (ATSDR) has found that at least 100 babies exposed in utero to the contaminated drinking water at Camp Lejeune suffered birth defects and cancers, including spina bifida, leukemia and cleft palates. The Dole-Jeffords amendment required a comprehensive National Academy of Sciences study to be completed within 18 months to evaluate the strength of the link between man-made chemicals Trichloroethylene (TCE) and Perchloroethylene (PCE) exposure and adverse health impacts for pre-natal, childhood and adult exposures at Camp Lejeune. In 2004, Jeffords called for this investigation of the contamination, and for full notification of those affected. The amendment also required the Marine Corps to notify those potentially affected by the contamination so they can learn what happened, how it may have affected them, and what steps they may consider taking now to minimize the potential health impacts. “I am hopeful that this study will provide the information these families need to answer questions that have lingered for far too long,” said a statement released by Jeffords, the ranking member of the Senate Environment and Public Works Committee. “This is the minimum that our government should be doing to address the grievous failure on the part of the Marine Corps to adequately protect its service members and their families.” Kelsey also expressed his appreciation for the work done on his behalf by field representatives of Senators Craig Thomas and Mike Enzi, and Rep. Barbara Cubin. Information regarding this lawsuit is available at watersurvivors.com, and the law firm Anderson, Weber & Henry can be reached at 1-866-993-7958
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Try this.
CFR38, part 3, section 3.400:
"Except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or depedency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later."
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John,
Go to this link http://www.watersurvivors.com/default.asp
The reason they notified the married folks is because there were three areas at Lejeune that had wells that serviced them and were considered at the time the culprit of the contamination that serviced the Tarawa Terrace dependent housing quarters area. Since, they have also determined Hadnot Point and also Holcomb Blvd wells. Holcomb Blvd wells are on the base and affected Marines on base.
Do some research on "Superfund", I believe it lists all the military bases with contamination and clean-up status.
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Magoo,
Go to my post, the original post and click on the attachment I provided that is in .pdf format. Near the end of the newsletter there is a hyperlink www.form95help.com. Just double click on that link and it will take you to the website.
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Carlie, I think what you have is legal. The request was for a hearing by the rating board right? I believe it is a conflict of interest if it was a DRO hearing, then there would have to be a separate rating officer. It seems like a conflict of interest though with the rating specialist also being the chairman.
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I can't say how long it will be for you, but my claim is 17 months old and the VA has everything they need they said and are not awaiting any more information. It has been at the rating board since the last week in June and then was transferred to another state RO to be rated. My C&P exam was 29Jul2005 for PTSD. I guess the appropriate answer is the VA will get around to it when they feel like it, there is no magic time frame. Just keep calling every couple of weeks for a status update.
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I attached the AWHTTN Newsletter. You can click on the hot link in the newsletter that says Form95help website and fill out your info on line, it is very short so you are not filling out the whole form 95. This law firm is handling the class action suit and will get back to you and notify you if you have a case based on your conditions, etc you believe could be attributed to the toxic water at Camp Lejuene. This law firm specializes in toxic suits. They have sent their own specialists into Lejuene and guess what? The level of toxic stuff is actually 35 times the safe level of 5 parts per million.
All of you that were stationed at Lejuene prior to 1986 have drank the water there and either them or their dependents have been afflicted in some way. Cancer, lukemia, cysts, and more to include death of them or their loved ones.
Fill it out on line, it's time we begin the counter-attack! Read the newsletter at least, something IS being done.
Semper Fi!!!!
RockyA1911
Camp Lejuene 1966 - 1968
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"White Matter Disease". I'm certainly no doctor and have no medical expertise but I'm fairly certain that it falls into the category of brain disease. Would this not be the same as what is termed "Encephalopathy" or "encephalomacia"? (old blood and dead tissue).
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Well we will see how the EED pans out. I myself had formally filed a claim for compensation before I was discharged from the Marine Corps in Nov of 1976. At that time I had filed for two things, 1) Skull Defect, 4.5 x 4.5 cm and 2) Left Temporal Lobe Contusion. AND I do have copies of my claim form from back then along with the request for medical examination, neurologists C&P exam, etc. I was awarded only 10% for post concussion syndrome due to traumatic brain injury. Although the 4.5 x 4.5 cm skull loss was mentioned several times in the exam reports and the rating form there was no mention of denial or an award for the skull loss.
Interestingly enough on one of the VA medical forms one of the VA employees wrote in the request for examination to examine for Left Temporal Lobe Contusion only in the remarks area.
I have sent all that to the VA requesting EED of 26 Nov 1976 and a rating of 80% for skull loss w/brain hernia or at least 50% for Skull Loss, both inner and outer tables exceeding the size of a 50 cent piece and referenced the CFR paragraph. I also referenced the same thing in previous post from the CFR defining an Open Claim.
It's been 17 months since I filed all of it and I did have more C&Ps for Skull Loss and then the Neurologists did tests and opined I also have Post Traumatic Encephalopathy that is more likely than not from service connected head injury.
I've been told numerous times that my claim is at the rating board for over a year now and recently the VA stated they sent my claim out of state to another VARO for rating due to their heavy backlog.
We'll see if the VA honors the definition in the CFR of open claim and if so then I should get almost 30 years of retro compensation. BUT, I won't hold my breath.
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The VA has to go out and buy it for you. Just go on contact VA on the VA health care website and file a complaint. I have been getting non-formulary medicine (AciPhex) since last May. At first the clinic nurse gave me a bunch of crap, and then the primary care physician sent in the request for it and it was denied.
I furnished a letter from my private physician stating that I needed the AciPhex and that I tolerate it very well. However I do not tolerate Prilosec, Nexium, or Prevacid (formulary). I faxed it to my VA PC doctor and asked again that it be filled. I then got on the website and filed a complaint that it was taking too long and that I had run out and had to buy it myself.
Two days later there was a knock on my front door and there it was. I have been getting the non-formulary AciPhex since that day with no problems. These medications are for Barrett's Esophagus and has not been service connected yet, still awaiting claim so it costs me $8 co-pay.
Don't buy that stuff just because it is not in the formulary. I think all the reg states is that the VA primary care doctor coordinate with the private care doctor. My doctor just wrote about a two sentence letter to whom it may concern and I faxed it to the clinic. THE VA DOES BUY NON-FORMULARY DRUGS WHEN THAT IS WHAT THE VET HAS BEEN PRESCRIBED AND HAS BEEN TAKING. THEY ARE NOT SUPPOSED TO CHANGE YOU MEDICATION LIKE THAT.
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Yep as a lot of us can attest to the VA starts out very slow on your claim.......and then it tapers off to a standstill!!!! I'd bet those of us that are close to a decision now won't get one until the new fiscal year beginning in October. That is why they keep shuffling the claims around once they are at the rating boards. As Pete said, it shows activity on the computer screen but in essence the claims are like a rubber ball.......bouncy, bouncy. I like the part where they told me "After their review (rating board) of my claim it was transferred to another regional office due to heavy backlog of claims and I should receive a decision withing 60 days."
Of course I have PTSD and a Cognitive Disorder along with Post Traumatic Encephalopathy but I would reason if they had the time to review the claim, then they had time to rate it as I would think it takes the same amount of time. I even gave them the diagnostic codes out the CFR 38 and actually sent them copies of the pertinent DC, along with C&P, along with the percentage according to the CFR. I also sent the BVA and CAVC decisions identical to my conditions. All lined up, highlighted paragraphs, and separated by each separate condition along with pertinent C-File pervious exams and diagnosis.
TO NO AVAIL. I kept it short and to the point along with references and IMOs for each. I don't know how they get away with reporting that they are now completing claims in 292 days........BULL I SAY and I can of course prove it.
It makes one wonder just what in the hell do all those people in the regional offices do? Other than just move a file from one desk to the next of course? I haven't seen more than a handfull of claims decisions on this board, so what in the hell are they really doing?
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Welcome to the VA Maze! Filed my claim back in Mar05 and my claim has been at the rating boards since Oct 05. Recently they stated "due to backlog of claims" my claim was transferred to another regional officer to be rated. So........16 months so far and now I'm told for the 5th time I should receive a decision in 30 to 60 days. It's all Dejavu, you'll get used to it. If what the VA told me actually holds true, it would take 18 months for a decision. I won't hold my breath and I don't recommend you do either.
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OK, this is the kind of crap I always get when I contact the VA online and get the service center manager. I got this response today after previously being told that my claim was at the rating board on 20 June 06 and that I should receive notification in two weeks..........that was on the 30th of June 2006. It's like it is starting all over again! In Sep 05 almost a year ago I received this same reply and a few months later when I inquired they denied having ever sent it out to another regional office and I distinctly remember calling them and asking which regional office and they told me Seattle. Dejavu is never ending with my claim it seems. I now believe for certain the VA is out to intentionally delay my claim. 16 months old it is now.
See the monkey business going on?
"Dear Mr. XXXXX:
After review in our office, your case was sent to another regional office to be rated. This is a common procedure due to our current large caseload. We anticipate completing your case within approximately 60 days.
Again, we regret the delay and any inconvenience to you. Thank you for visiting our website.
Sincerely yours,
Michael Stephens
Veterans Service Center Manager
B163
Response (Department of Veterans Affairs)
03/13/2006 02:34 PM
Dear Mr. XXXXX:
Your claim is currently with a rating specialist, this is the person who makes the actual decision on your claim. For this reason, we would anticipate a response to you shortly. We apologise for the delay and hope this answers your question.
Thank you for visiting our website.
Sincerely yours,
Michael Stephens
Veteran Service Center Manager
B163
Veteran/Inquirer
03/13/2006 12:30 PM
My claim will be 1 year old 25Mar06. I had long ago signed the expedited action form and stated that I had nothing further to submit. Since that time I have forwarded two more supporting documents. (1) Neuropyschological Evaluation from ICVAMC and (2) Abnormal EEG report from ICVAMC. There is nothing else needed and it has been a very long time for a decision on my claim. I have received past status that stated my claim was undergoing decision review in Sep 05 and then again in Dec 05, and again in Feb 06. I was informed to day that it is not being rated but has been reviewed several times and placed back in adjudication status. Please tell me what the delay is and if something else is needed from me, please let me know what the hold up is.
B163"
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Just go here: http://www.va.gov/ to this site and then click on "Contact the VA" on the menu bar. Follow the instructions. There is a drop down box in the on-line text you fill out based on your inquiry that you just click on your state. The inquiry is then sent to your VARO to respond to. You will immediately get an email notification that your inquiry has been forwarded to the VARO at the state you selected in the drop down menu box. It will also state that will receive a response within 5 days. Make sure you select the appropriate method you wish to receive the response, i. e. click Email in the selection portion of the on line inquiry.
It is as simple as that.
Dead In Iraq
in VA Disability Claims Research
Posted
Yep, they are recalling more Marine Reserves, More Army Reserves, and inactive Marines. Also they announced due to the recuiting shortfall they are lowering the standards for enlistment to either 42 or 45 among other things. We Nam vets know the drill........it's the MEAT GRINDER all over again and they want to keep feeding it. They are running out of fresh meat. The whole bunch, Executive Branch and Legistlative Branch should be tarred, feathered, and ran out of the US on a rail......I mean every swinging one of them. Oh and we'll send the Haliburton bunch along with them!!!!!