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RockyA1911
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Posts posted by RockyA1911
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Got a question. I realize if an initial claim is awarded and the new claim is say a year or two before the rating is awarded there is no interest payments. But, what about when the VARO calls a cue on itself and gives the award conceding an earlier effective date of say 30 years? Is there interest paid for those kind of long term retroactive payments? If so, where do I find the reg paragraph etc?
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The VA PC doctor prescribed Zocor for me. I have never required any medication for lowering my cholesterol and have not had high cholesterol until now. I am 57 and my last blood draw my cholesterol jumped up to 236, 41 HDL, 166 LDL, and 147 TRI. The problem is the LDL, +160 is considered high while 130 is considered the normal.
Those here that have taken or are taking Zocor, I'd like to know the side effects you have experienced. I am hesitant to take any statin drug. I am normally lazy during the winter and just a little less lazy during the spring and summer. I fail at keeping up a regular exercise program such as taking a walk around the block......for some reason I end up on my Harley and the day is gone! LOL I purchased a complete Bowflex Extreme fitness machine in July of '04 and it is still in the boxes it came in, unopened. Either the Harley or the guitar playing seemed to take over and I haven't even gotten around to setting it up.
Anyway, I have been prescribed Zocor 20 mg, but am supposed to split the pills and take only a half of a pill at bedtime once a day. So I guess I would be taking only 10 mg dose at a time and some folks have considered 10 mg a very low dose. I know if I could just force myself to do a little exercise and do it faithfully every day, the LDL would drop I am certain, but I am the problem I know.
All the news I've heard about statins causing permanent weakness of the muscles, lethargy, and changes in personality, etc. I don't know what to think. So for me, I'd like to hear from other vets that are taking this drug.
Semper Fi!
RockyA
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If you look at the Dingess v. Nicholson, No. 01-1917 or Hartman v. Nicholson, No. 02-1506 it will be more confusing because it makes no mention of the VA sending out these letters, but I believe these two cases were the cause and reason the VA is sending out these letters. This may help from a previous post and put your mind at ease.
Dingess and Hartman v. Nicholson
Court of Appeals for Veteran Claims
March 3, 2006
Issue
What notice and development is VA required to provide in a compensation claim?
What did the Court hold?
Historically, in order to establish service connection for a disability, three things must be decided:
1. Whether the claimant is a veteran;
2. Does the veteran have a present disability; and,
3. Is that disability related to service?
Until now, the Veterans Claims Assistance Act (VCAA) requires that once a veteran has submitted a substantially complete application, VA must notify the claimant of any information, and any medical or lay evidence, not previously provided that is necessary to substantiate the claim. In addition, VA must tell the claimant what evidence it will obtain, what evidence the claimant must provide and what evidence VA will help the claimant obtain if the claimant tells VA where to look.
In Dingess, the Court held that two additional decision points exist, and that VA is required by law to provide notice and assistance to claimants at the beginning of the claim process. Those two additional decisions are:
1. What is the proper evaluation to be assigned; and,
2. What is the correct effective date?
Here, the Court held that VA must tell the claimant how it intends to evaluate a service connected disability and how the correct effective date is to be determined.
What action is VA taking?
· VA has written a letter to claimants which describes the Dingess decision and contains general paragraphs:
o outlining the criteria used for assigning evaluations; and,
o how effective dates are selected.
· These letters will be mailed during the weekends of March 18-19, 2006 and March 25-26, 2006.
· Copies of these letters will be provided to Service Organizations during the first two weeks in April, 2006.
· VA has determined that these letters will be sent to every person who has a current claim for compensation benefits pending. This includes cases in an appeal status. These two groups total more than 500,000 claims. There are over 624,000 additional cases completed in the last 12 months. Since these decisions are not final they, too, are affected by the Dingess decision. Unfortunately, VA cannot identify these cases. Consequently, they will not receive letters from VA.
· VA will develop future claims in accordance with the Dingess decision.
· VA will continue processing claims while it cures these notice and development deficiencies.
What this means to claimants
· In the short run, these letters will further confuse many claimants about what it is they need to do.
o Many claimants will call either VA or Service Organizations for an explanation.
o Service Officers should expect that these calls will be significant in number over the next month or two.
o After that calls should recede but the Dingess notice requirement will continue to be a subject of interest to claimants for the foreseeable future.
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· While the Dingess decision ensures that claimants receive legally adequate notice of what evidence is necessary at each decision point in the claims process, it is likely that this change will have little impact on most veterans.
What should Service Officers do?
In the near term:
· The entire staff of each VSO office should be ready to respond to inquiries from claimants and be prepared to explain what the letters mean. Copies of the letters to be sent by VA will be provided to DSO's as soon as they become available.
· The DSO may wish to re-record the message on the office answering machine to provide information to those who call after hours and keep it running for the next 4-6 weeks. This may satisfy some veterans and reduce the number of calls you receive. In addition to your regular message, you may want to say:
"If you have questions about a letter sent you by VA which refers to the Dingess/Hartman court decision, please listen carefully.
That letter was required by a recent court decision that clarifies the things VA must tell you about how your claim may be decided. If you have evidence concerning your claim that you have not yet provided VA, please send it to us immediately and we will submit it to VA for you.
If you do not have any further information or evidence for VA at this time you are not required to do anything in response to this letter. Failure to return the "VCAA Notice Response" enclosed with your letter will not delay your case."
In the future, DSO's should ensure that VA satisfies the Dingess notice requirements prior to signing off on a rating.
Claimants who received a decision in the last year are also entitled to this notice. DSO's should be alert to these cases and ask VA to properly notify these claimants.
Finally, in those rare cases where a veteran claims a specific evaluation (e.g., "My PTSD is worse and I believe I should be evaluated 50 percent.") VA is required to give specific notice of the criteria needed to satisfy the evaluation requested. A DSO should alert the proper VA Team Leader of the claim so that proper notice can be provided.
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This should do it.
http://a257.g.akamaitech.net/7/257/2422/12.../38cfr4.104.htm
7120 Varicose veins:
With the following findings attributed to the effects of
varicose veins: Massive board-like edema with constant pain
at rest.................................................... 100
Persistent edema or subcutaneous induration, stasis
pigmentation or eczema, and persistent ulceration.......... 60
Persistent edema and stasis pigmentation or eczema, with or
without intermittent ulceration............................ 40
Persistent edema, incompletely relieved by elevation of
extremity, with or without beginning stasis pigmentation or
eczema..................................................... 20
Intermittent edema of extremity or aching and fatigue in leg
after prolonged standing or walking, with symptoms relieved
by elevation of extremity or compression hosiery........... 10
Asymptomatic palpable or visible varicose veins............. 0
[[Page 424]]
Note: These evaluations are for involvement of a single
extremity. If more than one extremity is involved, evaluate
each extremity separately and combine (under Sec. 4.25),
using the bilateral factor (Sec. 4.26), if applicable.
Good luck,
RockyA
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It appears to me that what you had was a partial neuropsychological test. The GAF of 51 is moderate to severe. Look at your C&P evaluation at the section called AXIS. There will be AXIS I thru V and see what it says next to those. AXIS V is the GAF. AXIS IV is the severity and AXIS I is the current diagnosis. The GAF isn't everything, it's just a portion of data used for rating you. If it was just the GAF score that counted, the C&Ps would be just one liners with just a GAF number and that's it. Don't get too hung up on GAFs, my buddy has a GAF of 53 and I a 52. My buddy also has 3 purple hearts and was rated at 30% last November. My claim is 4 days short of being a year old and I sincerely hope to hear something any day now since I had my C&P last July.
Now it is hurry up and wait.
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Here are some more links to Da Nang Air Base attacks, nicknamed Rocket Alley for 1965 to 1973.
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Don't believe that! You can too submit your VA claim paperwork without waiting to be discharged. I sent mine in a month before I was discharged from the Marine Corps back in Nov 76. The VA put my compensation effective one day prior to discharge from the Marine Corps. My claim for compensation purposes was dated 26Nov76 and my discharge date was 27Nov76. I had my C&P and started receiving the check in 3 months after I was discharged.
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Yeah Bill,
You said it. Con Thien was bad 24/7 I think the whole time that the Vietnam "conflict" went on. I also don't see the "Rock Pile" mentioned anymore. I'll bet you recall the Rock Pile.
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Hey Berta,
Now it all comes together. By the way it is spelled Khe Sanh (in lieu of Quo Son), the hill fights in April of '67 and the 77 day seige Jan through March '68. It is very famous, Hills 881 N and S, 861, 55, etc are a part of the Marine Corps distinguished combat history. You really know your Marine Corps history, we're going to have to make you an honorary Marine.
It is very well that the Ogden participated in the withdrawal or draw down of the 3rd MarDiv. By the way the 3rd Marines, especially 2nd Bn 3rd Marines were the first into Khe Sanh in April of '67. That was when the M16s failed them and suffered numerous casualties. Dateline NBC did a two part series a few years ago named "A few good men". It is very detailed and quite a few of my boot camp buddies and my best friend were in that documentary showing them then and today. Many had committed suicide in their later years.
Keep up the great work Berta, you are a national treasure.
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Berta made a good point. However, I left Vietnam in May of 69 and as far as the 3rdMarDiv leaving Vietnam for Camp Courtney, OK in Nov of 69 I don't believe that is true. They may have changed the Hq location in Okinawa from Camp Hansen prior to Nov 69, but the FMF 3rdMarDiv was still fighting in Vietnam and I don't believe they left until around 72 or 73.
But point in hand, you were harbored at the Cau Viet Harbor. Were you taking on Marines for their rotational float phase aboard ship for sparrow hawk operations during that time? What was the ships destination? Could it have been a training phase taking the marines back to Camp Schwabb Northern Training Area in Okinawa? We can find out more if we know what that logistics and operation mission was for the Ogden. I know it at times served as a rotational float ship for marines when I was in Nam.
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OK I saw your earlier post from 9 March. You said the 3rd Marines and you weren't sure if the location was Cau Viet or Vung Tau. Well it is 99% more likely to be Cau Viet that leads into the Cau Viet River to Dong Ha. And that (Camp Carroll was the 3rd Marines base camp. Of course are you sure it was 3rd Marines, meaning 3rd Marine Regiment of the 3rd Marine Division or were you saying 3rd Marines meaning 3rd Marine Division? If it was division then you are talking quite a few different regiments to include the 9th, 4th, and 7th Marines. If you are certain of the Marine Regiment you can contact the Marine Corps unit records branch at Quantico and ask for unit diaries for that specific period to substantiate their being aboard the Ogden during that time. You can also write CNO and ask for unit daily rosters for personnel on the Ogden during that period also. With your name on the roster and the Marines unit diaries you have the proof.
Also here are the phone numbers for the USS Ogden:
USS Ogden Telephone numbers
Quarterdeck: (619) 556-3908; DSN 526-3908
Command Career Counselor's Office: (619) 556-3916; DSN 526-3916
Administrative Office: (619) 556-3919; DSN 526-3919
Deck Department: (619) 556-3918; DSN 526-3918
Engineering Department: (619) 556-3911; DSN 526-3911
Medical Department: (619) 556-3917; DSN 526-3917
Air Department number (619) 556-4153
Operations Department: (619) 556-3912; DSN 526-3912
Supply Department: (619) 556-3910; DSN 526-3910
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Here is a link to the Naval Support Activity at Vung Tau (1965-1971)
http://www.mrfa.org/bases41.htm
I don't think any of us Marines ever got any further south than I Corps and no where close to Saigon as far as I know. During the period you speak of I don't thing there were any Marines south of Quang Nam in I Corps. The last Marine Unit I knew of further south than that was MAG-13 in Chu Lai for a time and then they left in mid-69 and redeployed to Japan.
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Carlie,
Do you have ACTUAL Skull Loss where you no longer have the pieces of your skull? If so what size is the skull loss? I had a craniectomy that removed 4.5 X 4.5 cm portion of my skull of which was patched with a cranioplasty. Mine is in excess of a 50-cent piece and without "hernia" it would be rated at 50%, with hernia 80%.
I am confused. Skull Loss and Post concussion residuals are not the same thing. I had skull fragments and the bone fracture imbedded in the brain along with dural tear and laceration. I had to have a brain debridement.
I would seem to think that you must have actual skull loss in it's own right and I think what you are looking for is Dementia due to Brain Trauma Injury, or atrophy due to brain trauma injury. I would think it would be secondary to the post concussion.
If you do have actual skull loss and size of the loss, then you can claim it under 5296 I would think. Just my thoughts.
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Hey all,
Just wanted to let you know that I had filed a complaint on the internet VA IRIS website last Monday and wanted to know exactly how the VA pharmacy can get away with denying prescriptions written by VA primary care doctor.
The system works is all I can tell you. Since I complained on Monday about the VA non-formulary prescription process, I received my Aciphex in the mail this afternoon with 11 refills from the VA. Now that was fast. Those that are having trouble getting medicines other than what is on the formulary list I highly recommend sending your complaints through IRIS.
The bottle says RABERPRAZOLE but the tablets inside are actually Aciphex 20 mg and are the same pills I got last Sunday when I had to pay for it myself from the Target pharmacy last Sunday.
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These are two winning BVA (Board of Veteran Appeals) cases for central sleep apnea secondary to PTSD. Use these as supporting documentation for adding Sleep Apnea to the claims.
http://www.va.gov/vetapp01/files01/0102100.txt
http://www.va.gov/vetapp04/files4/0431117.txt
More info on Sleep Apnea caused by PTSD from hadit.com vet. The above links were the reply to win your case for secondary to PTSD.
Need to NOD, COSA, but more importantly, CENTRAL sleep apnea, due to Secondary PTSD.
PTSD causes Brain stem changes.
ANYone know how anyone got this Service Connected if not found before he retired?
His COSA led to sleep study, and that is how it was picked up. BUT NOT THE Sleep study done by the VA, but the outside sleep study!!! Interesting.
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That's a bunch of baloney!!!! Go to this link, print it out and send it to them.
Combat-Related Special Compensation
Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation that replaces their VA disability offset. This means that qualified military retirees with 20 or more years of service that have "combat related" VA-rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation. Instead they will receive both their full military retirement pay and their VA disability compensation.
The 2004 National Defense Authorization Act, Combat Related Special Compensation was expanded to include disabilities incurred as a direct result of:
Armed Conflict
Hazardous Duty
Conditions Simulating War
An Instrumentality of War
Unlike concurrent receipt, CRSC will not be phased in over ten years. Once a military retiree has been determined to be qualified they will receive their regular retirement pay plus an additional sum based on their VA disability rating.
Note: CRSC is relatively new legislation, and was recently revised. Many of the policies and procedures are left to the discretion of the parent military branch, and are subject to change in the
From: http://www.military.com/Resources/Resource...38339--,00.html
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I had neuropsychological evaluation by the VAMC along with all those tests. That report stated
"Generally mild neurocognitive deficits were found in new problem solving and mental flexibility, in organization of spoken language, in auditory verbal and visual attention, in graphmotor copying and visual organization, and right hand tapping speed, which are consistent with traumatic brain injury. They likely represent predominatly frontal and subcortical, primarily right cerebral hemisphere, dysfunction wand are not directly reflective of left parietal temporal impact but may reflect a contra-coup result. Nonetheless, clear evidence of cognitive impairments are present, which readily could compromise his everyday functioning, particularly in situations requiring problem solving, attention, and some visual motor skills.
Emotionally, he is overwhelmed by psychological difficulties and exasperated by his inability to resolve them. Moderate to severe depression, anxiety, disordered and unusual thinking, low energy, and social withdrawal are present as are underlying anger and hostility and limited insight. Symptoms of PTSD related to his Vietnam experiences are present. In social and employment settings, he is expected to be severely compromised."
AXIS I: 294.9 Cognitive Disorder, Not otherwise specified
293.83 Mood Disorder due to brain injury
AXIS II: None
AXIS III: Traumatic Brain Injury
AXIS IV: Social Isolation, financial concerns
AXIS V: Current GAF 55
In addition to the neuropsychology and EEG I've also seen a neurologist that set up the EEG and a forthcoming MRI middle of this month.
Is this what you call dementia?
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Carlie,
The DC for rating decision in Nov 76 is DC 8045-9304 Stating:
"Residuals post concussion syndrome with brain trauma, temporal lobe contusion, left, chronic. The condition was in line of duty. Neurological examination was to a large extent within normal limits although outlines of the skull defect were palpated in the left temporal parietal area."
I had claimed the skull loss w/brain hernia on the same form at the same time but it was listed as "Skull Defect 4.5cm x 4.5cm" and that is what the Navy called it in the med boards and medical records after the crainotomy. I have claimed it as retro for DC 5296 on my current pending claim dated 25Mar05 (Yeah, almost a year old). It was never adjucated, but is mentioned numerous times in all the military SMRs and VA records.
The only meds I was taking over the years is Prevacid, and now Aciphex for Barrett's esophagus. Would that change anything? I don't drink but I smoke cigarettes.
I have an MRI scheduled for 17 Mar 06 at the VAMC.
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When I filed my original claim back in Nov 76 for post concussion residuals due to Brain Trauma I was awarded 10% in view of no objective findings. I filed for an increase in rating in Mar 05.
The TBI occurred in 1972 while in service in the Marine Corps. At that time I had a compound depressed skull fracture with left temporal lobe contusion, chronic. The Navy at GL NH performed a crainiotomy, brain debridement with boned fragments and fracture imbedded in the brain. The dura was lacerated. At that time I was given an EEG of which the results showed abnormal with a "clear focal slowing in the left temporal area" and that "this condition may improve over time."
In 1973 I underwent a crainioplasty leaving a 4.5cm x 4.5cm skull loss and afterwards had another EEG of which at that time stated "essentially normal" and I was returned to full duty.
In 1977 I had a C&P after discharge from the Marine Corps of which another EEG was taken of which the VA declared it "essentially normal" EEG. This is where the 10% was awarded initially back dated to Nov 76, the EDD.
Just had a EEG at the VAMC in Feb 06 and guess what? Now the results are an abnormal EEG stating the same abnormality as the very first abnormal EEG back in 1972.
Is it possible to go from abnormal EEG in 1972, have two successive normal EEGs, and then over time another EEG is given that shows abnormal. Do EEGs flip flop like that.
Anyway, in my limited thinking it appears I actually had abnormal EEGs with the same condition I have now all along. I need to know if it is possible for EEGs to read from abnormal to normal and back to abnormal again with the same abnormality as the first abnormal EEG?
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My claim is 340 days old today, date of claim is 25 Mar 2005. I've experienced the same as you. Had my C&P last July, the 27th. In Sep I was told it was sent to another resource center for rating. As of last week I was told my claim went to the rating board for decision on 15 Feb 06. I really don't anticipate hearing anything as far as adjudication until sometime in April or May.
If anyone knew why it takes so long even when they have all the information they need, they would be the new director of the VA.
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Omeprazole is Prilosec,
The VA doctor did submit a request for the Aciphex, but it was disapproved. I wrote a letter to my gastroenterologist and asked him to contact the VA doctor and find out exactly what it is needed from him in order for the VA to buy the Aciphex for me. It must be lunacy is all I can think of if the VA expects a veteran to unnecessarily suffer adverse side effects of medication just because it is in the formulary. The VA apparantly has cost savings and their promotion of the best health care priorities confused. Anywhere else the patient would be given the medication that produces the least side effects and at this time for me it is Aciphex. I haven't experienced any side effects with the Aciphex.
I would think by letting the VA doctor know of the adverse side effects and him requesting the proper medication for you should be enough to justify the VA going out and purchasing it.
They have to be crazy to think that one size fits all when it comes to meds.
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I was diagnosed with Barrett's esophagus since 1999 and have been on medication ever since along with annual endoscopy performed by my private gastroenterologist. My gastro guy even furnished the VA with a diagnosis letter and the length of time I have had Barrett's.
Anyway, my first medication for the Barrett's began in 1999 where I was prescribed Prevacid. After a couple years of taking it I experienced some severe side effects, some of which are know to be common side effects such as abdominal pain, diarreha, headaches, etc. along with chest pains, throat restrictions, unusual amount of mucus discharge, coughing, and severe IBS triggers. I switched to Prilosec in 2004 and experienced the same to say the least undesirable and painfully uncomfortable physical side effects also.
My gastro guy seemed to think I should continue taking it. So I decided the burning esophagus was less severe than the side effects I experienced while taking Prevacid and Prilosec. So I went for a whole year without medication, taking Tums, Mylanta, etc. I told my gastro of that when I had this latest endoscopy and he declared that I must be on medication. I again told him I could not take anymore of the Prevacid or Prilosec and he offered an alternative PPI medication called Aciphex.
I have been taking Aciphex since last August and I have not experienced any side effects at all, it is like a miracle for me. I checked the internet sites and discovered that Prevacid, Prilosec, Nexium, and Protonix all share the same adverse side effects. However, there are no reported side effects for the Aciphex.
So now I finally have a medication that controls my Barrett's and burning esophagus but without any side effects what so ever.
I had my annual visit with my VA primary care doctor and he submitted a request for me to get Aciphex. He told me the VA only has Prilosec in the formulary, but when I told him all the adverse reactions I had with Prilosec and Prevacid, he filled out the special request whatever it is and forwarded it. The rest of my prescriptions were filled. Three days later I received a call from the VA clinic telling me that the request for the Aciphex was disapproved and I would have to take Prilosec or continue to purchase it on my own.
This is the kind of crap that triggers my PTSD. One would think DAAAHHHHH!!!!!! Why would a VA patient have to contend with all the side effects and continue taking what they dish out even though it hurts him? I checked and the Aciphex is also like $30 cheaper than the Prilosec.
How did we ever end up in this mess where one medication fits all scenario, no exceptions?
Does anyone here know what I can do to resolve this and get the VA to furnish my much needed correct medication Aciphex?
Thanks,
Having A Witness During Exams And Treatments
in VA Disability Claims Research
Posted
Is there a reg or rule that specifically allows vets to have their wife of significant other present in the room when there are C&P exams or other exams concerning health care? A doctor at one of the VA Hospitals tried to tell my friends wife that she could not come in the exam room with her husband and she told him she was going in anyway. They tried telling her she couldn't do that. I can't find the earlier thread, but I was almost certain that this topic had been posted before and someone furnished the regulation that the vet can have a witness to exams and treatments. If anyone knows please post it. Thanks.