RockyA1911

Then where is it verified that it is not in the CBO 2015 Budget......I can't find anything that shows that the proposal has been disapproved. Surely there must be a way to find out. As far as I can see so far it is still a open CBO 2015 Budget proposal. It is not a sequester but a justification for budget dollars in mandatory spending category that reduces the deficit. It is also logical that a vet at retirement age is not seeking employment but has retired and drawing normal SS benefit and thus how would he be considered unemployable if he/she has opted to retire and not work. I can understand the rationale there. That's why we need to know exactly what the status of this proposal is........is it open or is it closed and dead?

November 20, 2014 OPTIONS FOR REDUCING THE DEFICIT: 2015 TO 2024 Mandatory SpendingOption 20 Function 700 - Veterans Benefits and Services Restrict VA's Individual Unemployability Benefits to Disabled Veterans Who Are Younger Than the Full Retirement Age for Social Security Billions of dollars 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024 Change in Outlays 0.0 -1.0 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -6.7 -16.3 Note: This option would take effect in October 2015. Estimates are relative to CBO’s August 2014 baseline projections. The Department of Veterans Affairs (VA) supplements regular disability compensation payments with Individual Unemployability (IU) payments for low-income veterans that it deems unable to engage in substantial work. To qualify, veterans’ wages or salaries cannot exceed the federal poverty guidelines for a single person, and applicants generally must be rated between 60 percent and 90 percent disabled. A veteran qualifying for the IU supplement receives a monthly disability payment equal to the amount that he or she would receive with a 100 percent disability rating. Under this option, VA would no longer make IU payments to veterans who were past Social Security’s full retirement age, which varies from 65 to 67, depending on a beneficiary’s birth year. Therefore, at the full retirement age, VA disability payments would revert to the amount associated with the disability rating.

So no one knows or has been tracking the status of this proposed budget cut? I would have thought Berta or Carlie would have stayed on this like white on rice. How do we know whether or not this will take effect on 1 Oct 2015. The budget with the justification for reducing TDIU from 100% to actual disability rating can be a loss of month pay of over $1000 for those that are age 65 -67 whether they are drawing SS or not.

I've read the 2015 OMB Budget, stating effective 1 Oct 2015 that vets eligible for SSA or drawing SSA at ages 65-67 dependent on birthdays will no longer be paid at the 100% rate and will be paid at their assigned disability rate. Will current Vets that have been being paid a 100% for say 7 or 8 years be flat cutoff or is there a grandfather clause in the making. I am not concerned for myself as I am Schedular 100% with housebound award, but I have two buddies that are TDIU. One is 80% and the other 70%. Does anyone know the current status of this budget recommendation? It is posted on the website, but have not seen any threads concerning it. And Yeah I know it's been more than a several years since I have posted. Here's my update. Went to VAMC Iowa City last week for 7 year throat cancer check up exam. I had finished the last of my radiation and chemo on the 1 Feb 2008. I have been going for follow-up exams ever since then and for the last two years it's been every 6 mos. They found a different suspicious spot and not near the spot the previous cancer was and it looked good. They attempted to do a local Biopsy in the exam room with just Novocain. They mad three attempts and each time I gagged and they had to withdraw the tool and reinsert. The fourth time it gagged me so bad I threw up. So they seized any further attempts at biopsy. I am scheduled to go back on 27 March 2015 and they will do another exam and if the spot is still there, then I will be scheduled for a surgical biopsy and put to sleep in a operating room and the biopsy will be taken then. I've had 35 radiation treatments and 3 chemos 8 hrs each.....I pray I won't have to go through that again......don't feel I'll make it through that again.

The SF-180 is the wrong form and is not used to update a discharge (DD-215). The correct form to use when requesting medals issued after issuance of DD-214 and the medals do not appear on the DD-214 is the Form DD-149. Once corrected you will be issued a DD-215 that will show the updated discharge with the medals. Don't know why the VA link that Carlie provided calls out to use the SF-180. A vet could look at the SF-180 all day long and never figure out where to put his request for a DD-215. dd0149JoeBzStar.pdf

As Berta stated correctly, your DD-214 documents receipt of PH and CAB and both are conceded stressors. Only one stressor incident is required, you could have a hundred combat related incidents and it don't mean a hill of beans as far as compensation rating. The compensation is based on how PTSD symptoms affect you today in this world currently. You can skip all the stressor events becasue you will see once you get your decision it will read "DD-214 documented receipt of PH, therefore stressor is conceded." I wouldn't waste my time conjouring up the ghosts if I were you, since there is no need to. You have met the STRESSOR portion and all you need now is a clear diagnosis of PTSD and the severity of your current symptoms. Anyone that has a CAR, CIB, CAB, CMB, or other combat medals already have the required stressor and need not prove or document anything further. I have a CAR and I did not at any time have to provide a stressor or document a stressor event. The stressor was conceded and still is today and I am 70% PTSD.

The Tiger Team expedites resolution of VBA claims for veterans over age 70 and claims pending over one year. Plans to implement the Tiger Team began in July 2001, and the team became operational in November 2001. The Tiger Team's goal fluctuates each month, but is never less than the completion of 1,380 claims per month. Through the end of September 2006, the Tiger Team has completed over 80,000 claims. The Tiger Team is responsible for developing needed evidence, preparing rating decisions, and processing award actions. The Tiger Team is located in Cleveland, OH

SMC-S is the Housebound award that is statutory IF you have a single disability rated at 100% and other SC condition that is 60% or more. The Housebound (HB) SMC-S is $320 per month. I have SMC-S and have rated SC conditions of 100%,70%,70%,50%,10%, and 10% that total 310%, but combined total I am only 100% + SMC-S.

Carlie, Just a super tip for you......I would not put 40% yourself on your own TBI residuals as you do not know that it could be rated at 70%. Download that exam worksheet because my C&P exam report was identical to the questions on the worksheet right down to the questions in sequence and to where the examiner entered yes or no to the questions or entered the appropriate a through d responses. You will know where you are and what you should get after reviewing the worksheet. Any 2 is 40%, any 3 is 70%. I went to the exam thinking I would get 40% because I was 10% before and ended up with like I said 70% for TBI residuals.

Carlie, There is no such rating as 30% for TBI residuals under the post Oct, 2008 criteria. There are only 4 categories and the highest number in any of the categories is what you get rated. The assessment of categories are defined by 0,1,2,3, and total and they equate to assessment numbers and exam from worksheet: (a)= 0 = 0% (= 1 = 10% ©= 2 = 40% (d)= 3 = 70% (e)= Total = 100% The actual TBI examination worksheet can be viewed and downloaded at http://www.vba.va.gov/bln/21/Benefits/exams/disexm58.htm So there, doesn't it make it a happier better day already? Most pre Oct 2008 TBI residuals that were 10% are normally now assigned a 40% rating after a exam under the post Oct 2008 TBI residuals. There how is that? I know, I went from pre Oct 2008 at 10% to 70% under the post Oct 2008 and was assigned a 3 only on one of the items in a category. Any number 2 get's you 40%.

No Carlie, I had previously been rated at 8045-9304, 10% 11-28-76, Residuals Post Concussion Syndrome with Brain Trauma, Temporal Lobe Contusion, Left, Chronic. It also stated this was done in absence of any objective finding. Yes I was aware, DC 8045 states just Brain Disease in 38 CFR, part 4 previously at that time also. To get higher than 10% under DC 9304, there must be Infarct Dementia (seizures and such) to get 40%. DC 8045 was not ever limited to 10%, it was DC 9304 and only then if there were no objective findings. There are folks that have gotten 100% under DC 8045 alone for such conditions as Encephelopathy (Crazy Chicks Disease) etc (Sp?) And No you are wrong about the PTSD Part. I filed claim for PTSD in Mar of 2005. In Jan of 2007, I received the award letter wherein they stated I had two mental conditions and therefore they are combined, and stated that the evaluation is for 50% and previous 10% evaluation for the Residuals Post Concussion Syndrome with Brain Trauma, Temporal Lobe Contusion, Left Chronic is changed to read Residuals Post Concussion Syndrome with Brain Trauma, Temporal Lobe Contusion, Left, Chronic WITH POST TRAUMATIC STRESS DISORDER. I had filed a NOD in March of 2007 requesting they evaluate the Post Concussion Residuals and PTSD separately and provide separate ratings. In the mean time, the new TBI criteria evaluations came out in Oct of 2008 that now evaluates ratings at 0%, 40%, 70%, and 100%. So they did not just now service connect the PTSD, it was service connected in March of 2005, but combined with the Post Concussion Residuals. I was RE-Evaluated for PTSD, and Re-evaluated or evaluated for TBI under new criteria. I had a C&P for re-evaluation of PTSD and also a separate C&P for the new TBI criteria and thus they were separate and both using the effective date of both the TBI (70%) and PTSD (70%) of 23 October, 2008. I don't think any medical professional would argue that Post Concussion Residuals Syndrome with Brain Trauma, Temporal Lobe, Left, Chronic would not be considered TBI or category of Brain Disease.....just a shuffle of words. There are and were many Vietnam Veterans with severe head injuries along with open head wounds that were evaluated under 8045, only we called them head injuries, the medical folks or surgeons referred to them as TBIs/////// Six in one hand and half a dozen in the other.

PTSD and TBI are separate now as of 23 October, 2008. That was a change to the diagnostic code 8045, 38 CFR part 4 rating criteria. Prior to the new recent updated rating criteria I had just a 10% for post concussion residuals, left temporal lobe contusion chronic since 1976 up until March of 2005 when I was diagnosed with PTSD. In Jan, 2007 the VA combined the TBI with the PTSD and assigned one rating of 50% as post concussion residuals, left temporal lobe contusion, chronic with Post Traumatic Stress Disorder. The VA contacted me to notify me of the new rating criteria for TBI dated 23 October, 2008 and that if I desired to sign and send back the form requesting I be re-evaluated under the new criteria as they stated it would more than likely lead to a higher evaluation than previous. The VA sent me the new award letter this past September with TBI and PTSD separated and I got 70% for TBI residuals and 70% for PTSD with retro to 23 October, 2008. Normally with a TBI, especially an open head injury PTSD goes with it. But they are to be evaluated separately under two distinct diagnostic codes,......8045 for TBI Residuals and 9411 for PTSD. PTSD DOES NOT AFFECT YOUR SECURITY CLEARANCE. IT IS AN ANXIETY DISORDER in the same category as sleep disorder....etc. If you are 100%, you are unemployable anyway.

I've noticed that quite a few of the members profile tag lines reflect more than 100% rate of disability such as "100% + 30%", "100% + 70%, yep schedular!", etc. Just wondering why because the questionaire of avail percentages when entering profile data is "0% - 100% or none". Is there such a thing as more than being 100% total combined rating P&T? I get HB because I have one single disability rated at 100% and then additional disabilities of 70%, 70%, 50%, 10%, and 10% for a combined total of 100%. So would that be 200%? or should I post as 100% + 100%? As far as I know there is nothing more than 100% and that's it. Anything more is mereley SMC's (Special Monthly Compensation's), such as $320 per month housebound with the criteria being one single disability rated at 100% with additional disabilities of 60% or more. Since there is nothing more or higher rating than 100%, I ask why all the 100% + 30%, 100% + 70%, etc...? I only listed myself as 100%. Just wondering about the significance of the +'s.

I had been awaiting a SOC for the appeal for earlier effective date back to 28 Nov 1976 as that was the original filing for skull loss and date after discharge from the Marine Corps. They previously granted the service connection of 50% for skull loss with effective date of 5 March, 2005. In that decision they used under reasons and bases the same exact medical evidence provided in the earlier filing of 15 Nov 1976. I got the big white envelope today, it said that a SOC was not necessary and that after thorough review their decision is: Full Grant of all benefits sought on appeal. They granted the 60% combined total compensation from 28 Nov 1976 to 25 March of 2005, then 80% to 18 Oct 2007, then 100% from 19 Oct 2007. They explained there was not CUE since to have a CUE there first must have been an adjudication of the claim. They determined it was an unadjudicated claim that they failed to adjudicate. So I started this long journey in March of 2005 at which time I was only getting 10% for post concussion residuals from the 1976 decision. I tried using the VSO's AMVETS etc., but they snuffed me or condescended me and I soon realized that they were not savy as to the CFRs and how the whole process is supposed to work for success in winning your claim, in fact most VSO's were pure horses asses to me and kept telling me I didn't have a chance in hell. Well, here it is 18 Nov, 2009 and it is finally all over with. Thanks to my long time membership on hadit, the internet VA websites, BVA decision, M21s, and other regs as the CFRs I am through and was 110% successful. So it was a long 4 yrs and eight months but all is well that ends well and what a relief finally. To recap I ended up finally with 100% P&T with HB SMC and 60% compensation earlier effective date from 28 Nov 1976 to 5 March 2005 and that is in the 6 figures. Just last week I tried the AMVETS and told them of the pending SOC I was supposed to get and they told me to go represent myself and Who told me to file a CUE in the first place!!!! I then was contemplating a lawyer yesterday and pay 15% of the grant. So it ended up I represented myself pretty darn good for an old Vietnam Vet Marine. So to all, don't be discouraged. If you have the evidence of record that supports a service connection condition, you will win!!!! It's just a matter of time. Thanks Berta, Pete, Cowgirl, Vike17, Carlie, and John.

Hey Berta, John, Pete, and Carlie. I'm sure you folks recall who I am and when I came to this board in 2005 I think I had been getting 10% and then filed my claims paying attention to you folks recommendations. Well to bring you all up to date, I got a package in the mail today from the VARO that finally completed (or almost) my NODs appealing that that they should separate TBI and PTSD in lieu of combining them at 50%, so they did that by using the new TBI evaluation criteria of 38 Oct 2008, so now in lieu of previous 50% for TBI residuals with PTSD, it is now 70% for PTSD and 70% for TBI, they also corrected their error in rating me previously at 30% for skull loss and corrected it to 50% for skull loss. So now excluding the 100% for larynx cancer, I am 70%- PTSD 70%- TBI 50%- Skull Loss 10%- Scar on Head 10%- Tinnitus They said this was a partial award for the skull loss with earlier effective date of 28 Nov 1976 and that I would be receiving a statement of case addressing the earlier effective date issue. I had been currently rated at 100% since 19 Oct 2007, the date of the diagnosis for my larynx cancer. I got a letter last Feb, 2009 that stated there is no change and that 100% rate will continue. That letter also stated improvement could be expected and that a future exam may be requested. I guess with the letter I received today stating I am permanent and total with SMC of $320.00 per month housebound. The SMC was statutory becauase I have the larynx cancer that is one disability rated at 100% and then my previous others combined to over 60% and that is the criteria for housebound SMC they said. I assume once or if I have another C&P for the Larynx Cancer and if it is stabilized, I guess they would reduce that evaluation down to the residuals such as laryngitis, hoarsness, etc which I think is 10% and then they would just drop the $320.00 housebound award. So the only thing left pending is the SOC for the EED back to Nov 1976 for the 50% Skull Loss that was claimed back then, C&P Exam done then using the same evidence dated in 1973, that they used to award SC for the Skull Loss in Mar of 2005. The 1977 award letter even states in the text the xray results and the 4.5 x 4.5 skull loss. The award letter just awarded 10% for Post Concussion Residuals and didn't deny nor award the skull loss at all. I know John, Pete, Berta, and Carlie recall this whole fiasco I hope. I had submitted a CUE for the EED for skull loss and that is the issue I am awaiting a SOC for. I really don't understand how they could fight the EED as they stated in the award letters that the medical records from Great Lakes Naval Hospital medical board findings from 1973 is what they used to award service connection for skull loss in Jan of 2007. These same records were utilized in the award of the post concussion residuals of which the skull loss and crainioplasty along with crainotomy were addressed in the same medical board findings. I utilized the VAOPGCPREC 4-2004, 28 May 2004 from General Counsel (022): "HELD: For a final Department of Veterans Affairs (VA) or Board of Veterans' Appeals decision to be reversed or revised under 38 U.S.C. § 5109A or 7111 (clear and unmistakable error) on the ground that VA failed to recognize a claim for veterans benefits, it must be concluded that: (1) it is obvious or undebatable that, when prior filings are construed in the claimant’s favor, the pleadings constitute an earlier claim for the veterans benefit that was subsequently awarded by VA; and (2) VA's failure to recognize that claim manifestly affected the subsequent award of benefits. VAOPGCPREC 12-2001 is hereby superseded by this opinion." Once would think since I furnished them copies of their own VA records with their stamp on them, that they would concede the earlier effective date. They have: (1) The original claim form with three claimed issues on it dated a week before I was discharged from the Marine Corps in Nov 1976. The Claim for clearly claimed "Post Concussion Residuals" and "Skull Defect 4.5 x 4.5 cm", the third was pilonadal cyst. (2) The C&P Exams along with their own request for exam sheets of which an exam was requested for Post Concussion Residuals but stated NO Exam for Skull Defect on the form. The VA Neurologist verified in the C&P that there was a 4.5 x 4.5cm skull defect and addressed the medical board findings of GL Naval Hosp and even addressed the crainioplasty. The General Med Exam resolved the pilonidal cyst issue. The reason they did not request an exam for the skull defect is because they had all the Navy's surgical procedures and medical records and board findings. The Skull Loss even then in that CFR states they cannot combine the Skull Loss with any other disability or evaluation under DC 5276. So I am wondering what gives with this SOC stuff, I did it right as Berta helped me with it. I should have gotten 60% combined rating from 28 Nov 1976 to 28 Mar 2005 as I was only receiving 10% rating for post concussion residuals. 50% for Skull Loss and 10% for post concussion residuals comes to 55% rounding up to combined total of 60%. I already have a Disabled Veterans License Plate for Illinois and also a Uniformed Services ID Card for commissary and exchange privilages. I will keep you all posted on what this future amazing SOC has in store for me on the EED issue for Skull Loss. As far as the larynx cancer, I went through the 35 radiation treatments and 2 of the scheduled 3 chemo and completed that in Feb of 2008. I get check ups every 6 weeks now and there is still swelling in the false vocal and vocal chords. The doctors believe the swelling or edema as they call it is a culmination residual of the radiation treatments, so far so good I guess, as they said they are looking for any changes that are significant in the tumor area every 6 weeks. I have my taste back now, my voice is crap and no chance of every singing country music or any other music at all as I can't even carry a tune. I completely loose my voice off and on, but at least I am thankful that I still have a voice at all. Oh, I think VIKE 17 had looked at all my CUE evidence too.

This is it! More Illinois veterans and disabled persons will be eligible for property tax relief as a result of legislation that was passed into law on October 17, 2007. Public Act 95-0644 creates three new homestead exemptions for Illinois’ disabled citizens and qualifying veterans. The legislation also expands current homestead exemptions to provide property tax relief for qualifying Illinois’ homeowners and senior citizens. Three new homestead exemptions will take effect for the 2007 tax year (property taxes paid in 2008). The new Returning Veterans’ Homestead Exemption (35 ILCS 200/15-167)provides a one-time $5,000 reduction in a property’s equalized assessed value (EAV) to qualifying veterans who return from active duty in an armed conflict involving the armed forces of the United States. To receive this exemption, the veteran must file an application upon their return home. The new Disabled Persons’ Homestead Exemption (35 ILCS 200/15-168) provides a $2,000 reduction in a property’s EAV to a qualifying property owned by a disabled person. A disabled person must file an annual application by the county’s due date to continue to receive this exemption. The new Disabled Veterans’ Standard Homestead Exemption (35 ILCS 200/15-169) provides a reduction in a property’s EAV to a qualifying property owned by a veteran with a service-connected disability certified by the U. S. Department of Veterans’ Affairs. A $2,500 homestead exemption is available to a veteran with a service-connected disability of at least 50% but less than 75% or a $5,000 homestead exemption is available to a veteran with a serviceconnected disability of at least 75%. A disabled veteran must file an annual application by the county’s due date to continue to receive this exemption. The current Disabled Veterans’ Homestead Exemption (35 ILCS 200/15-165) that provides up to a $70,000 reduction in assessed value for federally-approved specially adapted housing will continue to be available through the local Affairs Office. A disabled person’s or disabled veteran’s property can receive only one of the following exemptions each year: Disabled Veterans’ Exemption (35 ILCS 200/15-165), Disabled Persons’ Homestead Exemption (35 ILCS 200/ 15-168) or the Disabled Veterans’ Standard Homestead Exemption (35 ILCS 200/15-169). The increase in the current homestead exemptions will provide additional property tax relief for some Illinois homeowners and senior citizens. The maximum reduction on a property’s EAV for the current General Homestead Exemption (35 ILCS 200/15-175) on owner-occupied residences will increase from $5,000 to $5,500 for the 2008 tax year (property taxes paid in 2009), and increase again to $6,000 for the 2009 tax year (property taxes paid 2010). The reduction on a property’s EAV for the current Senior Citizens Homestead Exemption (35 ILCS 200/15-170) on properties of residents that are 65 years ofage or older will increase from $3,500 to $4,000 for the 2008 tax year (property taxes paid in 2009). The current Senior Citizens Assessment Freeze Homestead Exemption (35 ILCS 200/15-172) maximum household income levels for eligibility to freeze a property’s EAV will increase from $50,000 to $55,000. For information on these homestead exemptions, please contact your chief county assessment office or local assessment office.

100% - Larynx Cancer, AO presumptive disease 70% - PTSD 50% - Skull Loss 30% - Post Traumatic Encephalopathy with Left Temporal Lobe Contusion 10% - Disfiguring Scar 10% - Bi-Lateral Tinnitus Is all of this still just a total combined rating of just 100% or is there more to this? I get 191.4% combined total. But using the combined ratings table excel spreadsheet I just keep getting 100% and thats it. Am I doing something wrong?

Hey all, Tomorrow afternoon I will have all of my back teeth, 7 in all, extracted because the radiologist and dentist warned that if not extracted the radiation treatments could cause infection and then severe complications while undergoing radiation treatments for the larynx cancer. They said that once infected which is a very good probability due to the radiation, they would never heal and also the jaw bone could come out with the teeth when trying to remove them. So question is. Are my molar teeth considered secondary condition to the AO larynx cancer? And are the loss of the teeth due to a service connected condition compensable? If so where in the CFR?

Berta and all, So Berta, are you saying that I must wait until I receive a VCAA notice for the AO presumptive larynx cancer claim before any of my claims will move any further? Since they have already documented rendered decisions on the 2005 claimed stuff and was in the decision review area would everything then go back to where it was in the same sequence after I return the VCAA notice for larynx cancer? OR do they just trash all the work they have done so far and start all over again on everything? And I guess it will be another 3 years or so before I will ever hear anything on the TDIU claim that is a 2005 claim? Thanks, but I am really confused, frustrated, and angry over this. I mean the decisions were all done on the 2005 claims and were just in the review area to be reviewed by a senior rater, then on to post award and the claims would have been finished. After all those claims spent nearly 120 days in the hands of the raters being worked, not in a pile.

I am so angry I could spit nails. My claim for TDIU from July 2005 and their error on skull loss rating of 30% that is undebatably 50% as the size exceed the 50% criteria by almost thrice. I had also claimed EED back to Nov 1976 for unajudicated claim for skull loss back then. Anyway it was given to the rater finally on 9 July 2007, then the rater rendered a decision to her boss on 19 July, 2007. The boss then sent the claim to a more experience rater on 24 August, 2007. I was told last week that the boss then sent the claim from that rater to a senior rater for review on 24 September, 2007. Last week I was told that the senior rater still had it but there are a bunch of eyes looking at it and I should hear something soon. I called today and was told that my claim had been pulled from review and sent back for development since I filed a claim on 19 October, 2007 for presumptive agent orange larynx cancer. I furnished with that claim, my DD 214 again, the VAMC Pathology report, and diagnosis letter from VA ENT Specialist Doctor that also stated it was as likely as not the cause of the larynx cancer could be from veterans possible exposure to agent orange in Vietnam. The lady I talked to said that my claim would now have to go through development with the date of claim of 19 October, 2007 and be processed in sequence with other claims by date. They had already had three raters on my 2005 claims, two to review a decision the 1st rater had already did on it. It was in the actual hands of the raters for almost 120 days. So tell me do I now have to wait another three years for the decision on the already almost 3 year old claims just for a slam dunk presumptive cancer, for a total of 6 years for a decsion now from today's date? There ought to be a law against this crap for certain!!!!!! Isn't there something I can do about this to make them give me the decision on the old claim from 2005? And then process the recent presumptive cancer claim in the sequence it is already in? Need help and a lot of thoughts here on how to deal with this one!!!

Anywhere from 60 to 150 days. Mine was put in the hands of the rater on 19 July, 2007......still is with the rater and no decision yet.

CG, Yes I did use a tape recorder for my PTSD C&P. I was still shell shocked from how the VA did me back in the 70's over my skull loss,craniotomy, and cranioplasty and TBI. After obtaining my VA file in 2005, I saw what they wrote and what they wrote that I said at the C&P. So I was ready for the PTSD C&P in July of '05. The C&P Examiner had no problems with the tape recorder and gave her permission on tape too. I told her that due to my cognitive disorder and PTSD with memory loss that the tape recorder is the only way I could remember what transpired at the C&P. The Examiner did not insert anything in the C&P exam report that I did not say, nor did she put anything in there that she did not say to me, nor did she add anything that did not transpire. If she had of, I had the trusty ole tape recorder to prove the truth of both what she said and what I said. I did not use the tape recorder for other C&Ps as the conditions required only x-ray and measurements such as size of the skull loss, etc. It's just after reading your last post Josephine that I did remember that the VA had sent your file back to those same quacks as before of which they did not change their opinion or explain thoroughly the rationale for their opinion. And this is just a bunch of crap. It doesn't look to me that the BVA is trying to help you, it looks like some more of the same run around. If you have another C&P demand that you be allowed to tape the whole thing. If I were you I think at this point I would hit the VA with the Mariano vs. Principi case law and make them S!!T or get off the pot. You already have sufficient medical evidence to adjudicate your claim, in fact you have more than the opinions of the two A!! Hole shrinks do and the BVA is now going to try and play the same game!!! BS!!! Think about it....It's like the idiot that sat in the theater watching a day old horse race flick. He kept betting on the looser and would bet the loser again and then watch the same movie. He said the reason he kept betting on it was that the horse came so close the last three times that he felt it would win in the next re-run of the same movie. I think that is what they are trying to pull. You can get them on the phone for what I read. So get them on the phone and tell them that you also want to file a CUE against the BVA for violating case law Mariano vs. Principi to say the least. It is definitely undebatable that the BVA is seeking additional medical opinions in hopes of finding one that will be unfavorable to your claim......That is against the law. Go get em!!!!

Josephine, When a C&P is psychiatric the VA can refuse to let you have someone else in the room with you during the exam by a psychiatrist. Overcome that by bringing yourself a micro tape recorder, tell them you have trouble remembering and you must have the exam recorded and as there permission. Then turn it on and state in the recording todays date and time, the purpose of this recording is to record and document this C&P Exam. The Examiners name and title and that they have given permission to tape the C&P exam. Then you have it all recorded along with the recorded permission of the C&P examiner. Then listen to it at home and type up the whole transcript. Then compare the transcript to the C&P exam report. There is more than one way to skin a cat and with the tape and transcript, you got them. You will have their nuts in the vice grip. It has just been to long and ridiculous in the adjudication of your claim. Hope this ends for your soon and with favorable results. God Bless, RockyA

Berta, AO presumptive for cancers does not have to be "Soft Tissue Sarcoma" but STS is one of the 11 AO presumptive diseases......however they also list 25 cancers that are under Soft Tissue Sarcoma. I have Larynx Cancer and it is AO presumptive under another one of the 11 under Respiratory Cancers. It is no way Soft Tissue Sarcoma and I was a Marine near the DMZ in 1968-1969. Please don't get hung up on the AO presumed cancers being only Soft Tissue Sarcoma as there are many other AO presumptive cancers that are not, such as basil cell carcinoma and Squamous Cell Carcinoma which is the only type of cancer there is in the throat and larynx. Rule of Thumb is if it is listed below then it is AO presumptive. For example DMII. There are a bunch of secondary conditions related to DMII such as periphial Neuropathy due to DMII, even though Periphial Neuropathy was not diagnosed 1 year after service in Vietnam it was not the cause of AO. DMII was the cause of AO and then the Periphial Neuropathy was caused by the DMII as a secondary condition. e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of Sec. 3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of Sec. 3.307(d) are also satisfied. Chloracne or other acneform disease consistent with chloracne Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes) Hodgkin's disease Chronic lymphocytic leukemia Multiple myeloma Non-Hodgkin's lymphoma Acute and subacute peripheral neuropathy Porphyria cutanea tarda Prostate cancer Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma) Note 1: The term ``soft-tissue sarcoma'' includes the following: Adult fibrosarcoma Dermatofibrosarcoma protuberans Malignant fibrous histiocytoma Liposarcoma Leiomyosarcoma Epithelioid leiomyosarcoma (malignant leiomyoblastoma) Rhabdomyosarcoma Ectomesenchymoma [[Page 243]] Angiosarcoma (hemangiosarcoma and lymphangiosarcoma) Proliferating (systemic) angioendotheliomatosis Malignant glomus tumor Malignant hemangiopericytoma Synovial sarcoma (malignant synovioma) Malignant giant cell tumor of tendon sheath Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas Malignant mesenchymoma Malignant granular cell tumor Alveolar soft part sarcoma Epithelioid sarcoma Clear cell sarcoma of tendons and aponeuroses Extraskeletal Ewing's sarcoma Congenital and infantile fibrosarcoma Malignant ganglioneuroma Note 2: For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.

No you don't need to create 4 or 5 pages or included things about how you felt then and felt now in a "Stressor". The "Stressor" should be confined to the incident or incidents. Just use this attached VA Stressor Form for PTSD. I was a Marine and like to keep it simple (KISS method). Download the form and you can fill it out by hand, it just wants the basics such as description of incident, awards received, names of deaths or injuries etc. All that are the stressor. All the info that cowgirl included has nothing to do with the stressor confirmation. Though she did included some of the criteria asked for in the stressor form, all the rest has nothing to do in describing the "Stressor" aka "Incident". How it affects or affected you then and today will be subject of psych evaluation. A lot of the stuff cowgirl furnished is mixed up with the "Stressor". Remember a "Stressor" is an "Incident" simple as that. VA Form 21-0781. Cowgirl, I'm not dissing your letter and you know I love ya, it's just too much it seems to me and your feelings during an incident whether you felt anything or not does not change or add to an incident that occured. It happened regardless of how you felt then and how you feel now about it does not affect a stressor. Maybe you didn't know there was a simple form that you can put up to three stressor on just one page that is just the facts describing the incident and where you were and medals received, and the unit you were in. Simple as that. It would be great if T-Bird would create a "Tool Box" or the like folder and include these forms to save the vet a lot of headaches in the "Stressor" department. It is a lot easier for them if they have to submit a stressor to just simply follow this one page form. I covers all the VA wants to know about the stressor portion of a PTSD claim. 21_0781_PTSD_Stressor.pdf