Bigdan

To all, I think that they (the family) should have filed a claim for being on Johnston Island. Below is what I find in Google on this place: The Johnston Atoll area was used during the 1950s and 1960s as an American nuclear weapons test site - for both above-ground and underground nuclear tests. It was also used for a rocket launch site for some of the first American spy satellites. Later on, it became the site of a chemical weapons depot and the site of the Johnston Atoll Chemical Agent Disposal System (JACADS). All of the chemical weapons that were once stored on Johnston Island have been incinerated, and that process was completed some years ago. So it appears that this was a nuclear hot site. My Father died of numerous Cancers from being stationed on a similiar Island in the South Pacific for 13 months. Two months after his death the VA Finally acknowledged that he was 100% Service Connected because of Radiation Exposure. But with the VA if you don't file a claim they definitely will not come to your door and tell you about it!!! BigDan

I totally agree with Pete53! Go ahead and file for both.Big Dan.

Slangpdx, I found an outside Psychiatrist (Non VA) that charged me $1250.00 for a letter for the Social Security and VA Part (Now I have been seeing him every three months for the last 4 + years too). So to me $400.00 doesn't sound as bad. Of course I had an outside PCP that did a better letter for no charge. The Doctors think that if you can afford to hire an Attorney then they also want some of the pie. They are so afraid that you are going to leave them and not be a paying customer anymore. The Psychiatrist I am talking about charges $100 for an office visit and doesn't take any insurance at all. Payment is by cash or check only! No Credit Cards even. I found another Psychiatrist that is taking my case in Jun and he does take my BC&BS. I will definately dump the one that likes CASH only! There is a shortage of Mental Health Professionals in my area and they are taking advantage of the fact. BigDan.

DRM - Appeal the decision! Social Security is hoping you will take the decision and go away.Big Dan.

JLW9369, Do as Larry has instructed you to do. Fill the form out the best you can do and leave blank anything you don't understand. But fill the form out and get it in the mail. They (VBA) will call you for a Comp & Pen hearing and make that appointment (No Excuses). Expect to spend 4 hours for a review of the problems you are having. Delaying getting the paperwork in the mail (Certified Return Receipt Requested) is delaying benefits that are coming to you! In other words you are losing money waiting for someone to tell you to fill out the form. Larry answered the questions really good so it should be ready to mail. Big Dan.

According the the following VHA Directive 2008-071 - VA Doctors should help the Veteran with his disability paperwork. After being treated since the mid-70's by VA Doctors they generally are lazy and don't want to do the work!See the VHA Directive:Department of Veterans AffairsVHA DIRECTIVE 2008-071Veterans Health AdministrationWashington, DC 20420October 29, 2008PROVISION OF MEDICAL STATEMENTS AND COMPLETION OF FORMS BY VA HEALTH CARE PROVIDERS1. PURPOSE: This Veterans Health Administration (VHA) Directive establishes policy requiring VHA health care providers, when requested, to assist veteran patients in completing non-Department of Veterans Affairs (VA) medical forms (with the exception of the completion of examination forms if a third party customarily pays health care practitioners for the examination, but does not pay VA) by providing the veteran patients with medical statements with respect to their medical condition(s) and functionality. NOTE: Attachment A identifies a process to assist VHA providers in honoring requests by veterans to complete those forms.2. BACKGROUND: VHA strives to be the provider of choice for all enrolled veterans. Completion of medical forms by health care professionals based on an examination or knowledge of the veteran’s conditions, is required under Title 38 Code of Federal Regulations (CFR) 17.38(a)(1)(xiv) as part of the medical benefits package (with the exception of the completion of examination forms if a third party customarily pays health care practitioners for the examination, but does not pay VA). This regulation requires VHA providers to honor requests by veterans for assistance in completing non-VA forms regarding their current health conditions and functional impairment.3. POLICY: It is VHA policy that clinicians must honor all requests by patients for completion of non-VHA medical forms (with the exception of the completion of examination forms if a third party customarily pays health care practitioners for the examination, but does not pay VA); clinicians must honor all requests for the provision of medical statements, following procedures established by the local facility Release of Information (ROI) Office.4. ACTION: Each medical facility Director is responsible for establishing and implementing a written facility policy addressing:a. Non-VA Medical Forms. Veterans may ask VA health care professionals, including primary care and specialty practitioners, to complete forms that require a medical professional’s assistance.(1) Although the primary care provider typically receives the form from the veteran, when completion of the form extends beyond the scope of the primary care provider, additional input from appropriate specialty services may be considered (e.g., functional assessments from Physical Medicine and Rehabilitation (PM&R), Occupational Therapy, etc.). The practitioner completes these forms at the time of the visit, or requests the veteran return to pick up these forms at another time, especially if not all information is available to the practitioner, or the form is lengthy and may cause an undue delay in the provider’s schedule.THIS VHA DIRECTIVE EXPIRES OCTOBER 31, 2013VHA DIRECTIVE 2008-071October 29, 20082(2) All medical forms completed on behalf of the veteran require that the individual sign VA Form 10-5345a, Individuals Request for a Copy of Their Own Health Information, and local procedures must be followed for obtaining this authorization. Examples of these non-VA forms include, but are not limited to:(a) Family Medical Leave Act forms.(:D Life insurance application forms.© Non-VA disability retirement forms.(d) State workers’ compensation forms.(e) State driver’s license or handicap parking forms.(f) Social Security Administration (SSA) examination forms.b. Non-VA Medical Statements. Veterans may request a descriptive statement be put into their electronic health record regarding the current status of an existing medical condition, disease, or injury, that includes a statement of diagnosis, prognosis, and assessment of function for purposes other than VA disability claims.(1) The veteran must sign VA Form 10-5345a, and then be responsible for forwarding the veteran's own information to the requesting entity.(2) If the veteran requests that the form be sent directly to the requester (e.g., insurance company, etc.) then the veteran must sign VA Form 10-5345, Request for an Authorization to Release Medical Records of Health Information. NOTE: The local ROI Office is available for additional guidance.c. ROI Procedures. In all cases, prior to releasing any statements or forms, the veteran is required to sign either VA Form 10-5345a or VA Form 10-5345 (see Att. A for a suggested algorithm that may be used by facilities in establishing local procedures).d. Medical Statements to Support VA Benefits Claims. When honoring requests for medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict of interest or ambiguity.(1) Determination of causality and disability ratings for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure. As a result, they may not feel comfortable in stating causality of a current condition. However, this does not preclude VHA providers fromVHA DIRECTIVE 2008-071October 29, 20083recording any observations on the current medical status of the veteran found in the medical record,including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels; however, the clinician, if requested by the veteran, must place a descriptive statement in the veteran’s medical record regarding the current status of the veteran’s existing medical condition, disease, or injury, including prognosis and degree of function. This may then be requested by VBA for the purposes of making a claim determination.5. REFERENCEa. VHA Handbook, 1605.1.b. Title 38, CFR 17.38 (a) (1) (xiv) “Medical Benefits.”6. FOLLOW-UP RESPONSIBILITY: The Office of Primary Care, Patient Care Services (11PC) is responsible for the contents of this Directive. Questions may be addressed to 202-461-7182.7. RECISSIONS: VHA Directive 2007-024 is rescinded. This VHA Directive expiresOctober 31, 2013.Michael J. Kussman, MD, MS, MACPUnder Secretary for HealthDISTRIBUTION:CO:E-mailed 10/30/08FLD:VISN, MA, DO, OC, OCRO, and 200 – E-mailed 10/30/08VHA DIRECTIVE 2008-071October 29, 2008A-1ATTACHMENT ASUGGESTED ALGORITHM THAT MAY BE USED IN ESTABLISHINGLOCAL PROCEDURES f

Marlonallgood, I don't know if this will paste very well but it is an old copy of "Total Rating Based on Unemployability", that I can find here at the VA: (I can't seem to paste so I will type it in) If the schedular rating is less than total, a total disability evaluation can be assigned based on individual unemployability if the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disability, provided that he has one service-connected disability rated at 60 percent or higher; or two or more service-connected disabilities, with one disability rated at 40 percent or higher and the combined rating is 70 percent or higher. The existence or degree of nonservice-connected disabilities will be disregarded if the above-stated percentage requirements are met and the evaluator determines that the veteran's service-connected disabilities render him incapable of substantially gainful employment. 38 C.F.R. $ 4.16(a) (2005). All veterans who are shown to be unable to secure and follow a substantially gainful occumpation by reason of service-connected disability shall be rated totally disabled. If the veteran is unemployable due to service-connected disability, and the percentage requirements of 38 C.F.R. $ 4.16(a) are not met, the case should be submitted to the Director of the Compensation and Pension Service for consideration of an extra-schedular rating. 38 C.F.R. $ 4.16(:D (2005). I hope this helps,

Slangpdx,Did they already give you a rating on the C & P Exam? If they did you need to file a Notice Of Disagreement within 30 days of the date of the Rating and send it Certified Returned receipt back to VBA. Also as Pete992 said you may need an IMO from an outside physician concerning the PTSD and that it is service connected. If you can get this from a Mental Health Professional it would be better! Try to get a letter from from your family, friends, co-workers and anyone that knows about your mental medical problem. Documentation is the key on PTSD. I hope this helps you out some.BigDan.

Contact the Business Office closest to you or at the treating VA Medical Center. They can authorize payments, (if they want to), to cover an emergency item such as this. But always try to talk to the Chief of the Business Service (sometimes MAS (old name) Medical Administrative Services). Call the operator and find out who the Chief of the Business Office is. Alot of times you will talk to a clerk and they will just say "no" because they may have to do some work. If you have to be treated at another facility (besides an emergency) request prior approval at the VA Medical Center and a "Fee" Basis Card so the VA will pay for the item. Also, always remember you get more done with honey than vinager. It other words be as nice as you possibly can be. If all else fails then you will have to write your Senator and be prepared for a standard answer when you do. One other item. If you get prior approval with a "Fee" Basis Card then take the prescriptions to the VA to be filled. Make sure this is included when getting the "Fee" Basis Card! BigDan.

If you want Secretary Eric Shinseki's number it is (202) 461-4800. Maybe he can get you the answer you are looking for?

John, I applied for Social Security Disability and they turned me down because I was still working. I wish I had long-term Disability Insurance but never bought any. My Attorney told me that with my case and documentation and files I will be approved for OPM Disability but it takes time - lots of time. Then I can reapply for Social Security Disability. I have used up all of my sick leave (Didn't have much to begin with) and currently still trying to work. Everyone at work has made allowances to me and for me. Waiting another 3 months for an approval might be to much for me (It has been in (OPM Disability) since 22Mar2010). I hope to hear something from my Attorney next week. Maybe I can be done by May - That is what I am hoping for anyway. Thank you for your feedback about how long it takes to process - It gives me an idea for what time to shoot for. Now just coming to work everyday is a task and when I get home I am totally exhausted. Once again thank you, BigDan

As you can tell the reply that I thought that I lost earlier has just shown back up. New Forum, new rules, like I said I am still learning on this system on how to reply properly. It kinda makes you feel slow - Maybe it is the Meds??? Maybe the Stress??? Ok, I am totally losing it. Now it is said and it may be the real truth.

FERS

SCN_20100415131441_001.pdf I have a letter from the Chief of Mental Health as you can see at the beginning of this post. Do I need to go for Total Unemployability or 100% for PTSD. This part has me confused? I have several other letters that follow this same line of thinking. I am currently rated at 30% for scars because of burns and 70% for PTSD. I am currently awaiting OPM to approve my full Disability from the VA Hospital as an employee. Any information would be appreciated. Thank you for your input, BigDan.

Go to www.opm.gov and it will explain everything to you in regards to a Disability Retirement under FERS or CSRS. Myself I am pending a FERS Disability Retirement and it is 60% for the first year and then 40% after that using your high 3 years average. At age 62 it is recomputed as if you have been working the years that you were out. If it is over 20 years of working then they will post 1.1 year for each year of service. If you worked less than 20 years then they will post 1 percent for each year. But remember you can still apply for Social Security Disability which has an offset too. Additionally, if you are an 80% S/C Veteran then there is a good chance that you can apply for Total Unemployability if your Disability Retirement is caused by your Service Connected condition. Good Luck, BigDan.