Jump to content

pipeman043

Seaman
  • Content Count

    23
  • Donations

    $0.00 
  • Joined

  • Last visited

Everything posted by pipeman043

  1. Now that would be outstanding news! My claim has been remanded and returned so many times I was beginning to think it's not a claim file but really just another ping-pong ball. Seriously though, my claim has been "stuck" at the AMC since July 2007. The AMC email people must know my name by heart by now, not that it makes any difference. I am hard pressed to believe that some of the bodies down there even know HOW to tell the truth let alone answer any question with an honest, truthful response <_<
  2. Just another thought, what if you were to contact that VSO's department... in example, if the VSO is Al go to WEB: http://www.missourilegion.org and ask about who is handling the existing case load and exactly when you can expect to have actual representation.... the same holds true if it's a different organization such as VFW, DAV, VVA. Might be worth a try to rattle someone's cage and see what shakes out. jmho
  3. Hello, In an effort to be fair and equitable here is the response provided by the VA after some prodding by telephone both in Washington and at the Eastern Area Directors Office. I guess the phone calls moved my service complaint from the "ignore" pile to the " Do something to shut him up" pile. B) I did eliminate names to protect the "innocent". The Va's response came yesterday afternoon, 05 Jan 07 Original Complaint sent 22 Dec 06 @ 0650. Mr. XXXXXXX, Good morning. After our conversation yesterday afternoon, I contacted the Veterans Service Center Manager, XXXXX XXXXXXX, at the Togus Regional Office (RO) who is now serving as the Acting Director since the retirement of Mr. XXX XXXXX. I asked that he prepare a response to your inquiry along with a status update of your pending appeal. While I do not think the response below will resolve your dissatisfaction with the VA appellate process and, specifically, scheduling of hearings, I am hoping this recognition of your frustration will, at a minimum, alleviate some of your dissatisfaction. We do understand your legitimate concern but are somewhat constrained by the procedures established by the Board of Veterans Appeals (BVA). I will also forward this correspondence to the Compensation and Pension (C&P) Service in Washington as C&P Service is responsible for the policy and procedures that govern how ROs must operate. In situations regarding our interaction with BVA, they must work with that organization regarding policy and procedural guidance. I do not want to mislead you into thinking that this will immediately change the current hearing policy, but it is at least, a step toward in the right direction. Again, on behalf of James Whitson, Eastern Area Director and VA, I apologize for any inconveniences and poor customer service. It is our job to provide you the benefits and services you are entitled to, in recognition for your service to our country, and we should always do so with the highest level of customer service. XXXXXX Supervisory Management Analyst Eastern Area Office 734-930-5800 Please see the below response from Mr. XXXXXXXX: Mr. XXXXXXXXX I am writing in reference to a complaint you submitted pertaining to a recent Board of Veterans Affairs (BVA) hearing you attended at the Togus Regional Office. Please accept my apologies for any inconveniences caused to you. Additionally, allow me to express my understanding toward your dissatisfaction with the current policy regarding the scheduling of hearings before a BVA Law Judge. As you have clearly pointed out, there are times when an appellant will have to travel long distances in order to arrive at their BVA hearings. Once an appellant arrives, they may be asked to wait, based on the order of their arrival. Unfortunately, BVA has mandated the scheduling policy to our Regional Offices. This policy is in effect at every Regional Office in the nation. The notification sent to you on 11-13-06 was a letter, which has been approved by BVA, and stated, “…hearings are scheduled on a first come, first serve basis…” so sorry, but this above quoted statement is NOT in the letter I can assure you that the employees at the Togus Regional Office, along with myself, are dissatisfied with the current policy set by BVA. The former Director of the Togus Regional Office, XXXXXXXXX, and I, have met with your local American Legion representative on multiple occasions to discuss this very topic. Your claims files is still currently located at BVA and our electronic records indicate your case is pending transcription. Be assured that it is our goal to ensure that all veterans and their dependents receive the best services we can provide. However, we must operate within the laws and regulations that govern our actions. -------------------------------------------------------------------------------- From: XXXXXXXXXXXXXX Sent: Thursday, January 04, 2007 1:55 PM To:XXXXXXXXX, VBADTRT Subject: Fw: Service Complaint Hello, Thank you for your attention to this matter. ----- Original Message ----- From: Xxxxxxxxxxxxxxxx To: amcquery@vba.va.gov Cc: BVAOmbudsman@mail.va.gov Sent: Friday, December 22, 2006 8:36 AM Subject: Service Complaint Hello, In conjunction with my ongoing appeal, I requested a Travel Board Hearing be scheduled at my local RO. I was informed by the TOGUS RO that no travel board hearings were available or being scheduled in the foreseeable future in an effort to reduce existing backlog, reduce expenses, and increase productivity. I was then scheduled for a Video Conference Hearing that was conducted on Monday, 18 Dec 06. Due to issues that arose involving that event, I forwarded the following service complaint via IRIS and am providing this information in an effort to make you aware of the problem. At bare minimum I expect written acknowledgement of receipt and indication of planned corrective action. Thank you for you attention to this matter. IRIS SUBMISSION: It is the standing policy of the VARO TOGUS to send letters to all individuals that are scheduled for a video hearing on a specific day that their appointment is for 0830 and that they are to arrive one half hour before their scheduled hearing time. There is no indication on any correspondence that the actual hearings are scheduled that day on a first come-first served basis and depending on how many hearings are scheduled the potential exists that the veteran will be waiting for an extended period of time. This practice is very inconsiderate of the veteran and the VSO who is representing the veteran. Clearly it implies a total disregard for the value of the veteran's and VSO's time. In MANY cases at this specific RO the veteran must travel great distance to get to the RO and it makes the issue even worse if the individual veteran is economically or physically disadvantaged and cannot provide their own transportation. If you use the example that the Veteran who lives 3 hours away is using others for their transportation and must arrive at 0800 and there are multiple hearing to be conducted, you place the veteran in the position of having to be up and on the road sometime around 0300 and having them exhausted by the time their hearing time arrives. This places the veteran at an extreme disadvantage at the hearing and is blatantly unfair and discriminatory. The VARO TOGUS claims that it is due to the BVA directives and unchangeable even though the RO TOGUS schedules all the hearing and can make the appropriate change if they so chose. This has been a long standing issue brought to the management's attention many times and they demonstrate a capricious disregard for the people they are supposed to be helping. XXX XXXX, the Regional office Director basically told me that "this is the way it is". He further stated to me that if I didn't like it I could leave. Terrible customer service and a shining example of the pervasive attitude in that office that it's my way or the highway. I specifically asked about a timeline for a policy change and was ignored. I believe it is reasonable that I be given a written apology by the Veteran Service Manager for the poor conduct of his employee, and a new policy be established following a complete review of the scheduling process that takes into consideration the Veteran and VSO's time along with other appropriate considerations.
  4. Hello, In an effort to be fair and equitable here is the response provided by the VA after some prodding by telephone both in Washington and at the Eastern Area Directors Office. I guess the phone calls moved my service complaint from the "ignore" pile to the " Do something to shut him up" pile. B) I did eliminate names to protect the "innocent". The Va's response came yesterday afternoon, 05 Jan 07 Original Complaint sent 22 Dec 06 @ 0650. Mr. XXXXXXX, Good morning. After our conversation yesterday afternoon, I contacted the Veterans Service Center Manager, XXXXX XXXXXXX, at the Togus Regional Office (RO) who is now serving as the Acting Director since the retirement of Mr. XXX XXXXX. I asked that he prepare a response to your inquiry along with a status update of your pending appeal. While I do not think the response below will resolve your dissatisfaction with the VA appellate process and, specifically, scheduling of hearings, I am hoping this recognition of your frustration will, at a minimum, alleviate some of your dissatisfaction. We do understand your legitimate concern but are somewhat constrained by the procedures established by the Board of Veterans Appeals (BVA). I will also forward this correspondence to the Compensation and Pension (C&P) Service in Washington as C&P Service is responsible for the policy and procedures that govern how ROs must operate. In situations regarding our interaction with BVA, they must work with that organization regarding policy and procedural guidance. I do not want to mislead you into thinking that this will immediately change the current hearing policy, but it is at least, a step toward in the right direction. Again, on behalf of James Whitson, Eastern Area Director and VA, I apologize for any inconveniences and poor customer service. It is our job to provide you the benefits and services you are entitled to, in recognition for your service to our country, and we should always do so with the highest level of customer service. XXXXXX Supervisory Management Analyst Eastern Area Office 734-930-5800 Please see the below response from Mr. XXXXXXXX: Mr. XXXXXXXXX I am writing in reference to a complaint you submitted pertaining to a recent Board of Veterans Affairs (BVA) hearing you attended at the Togus Regional Office. Please accept my apologies for any inconveniences caused to you. Additionally, allow me to express my understanding toward your dissatisfaction with the current policy regarding the scheduling of hearings before a BVA Law Judge. As you have clearly pointed out, there are times when an appellant will have to travel long distances in order to arrive at their BVA hearings. Once an appellant arrives, they may be asked to wait, based on the order of their arrival. Unfortunately, BVA has mandated the scheduling policy to our Regional Offices. This policy is in effect at every Regional Office in the nation. The notification sent to you on 11-13-06 was a letter, which has been approved by BVA, and stated, “…hearings are scheduled on a first come, first serve basis…” so sorry, but this above quoted statement is NOT in the letter I can assure you that the employees at the Togus Regional Office, along with myself, are dissatisfied with the current policy set by BVA. The former Director of the Togus Regional Office, XXXXXXXXX, and I, have met with your local American Legion representative on multiple occasions to discuss this very topic. Your claims files is still currently located at BVA and our electronic records indicate your case is pending transcription. Be assured that it is our goal to ensure that all veterans and their dependents receive the best services we can provide. However, we must operate within the laws and regulations that govern our actions. -------------------------------------------------------------------------------- From: XXXXXXXXXXXXXX Sent: Thursday, January 04, 2007 1:55 PM To:XXXXXXXXX, VBADTRT Subject: Fw: Service Complaint Hello, Thank you for your attention to this matter. ----- Original Message ----- From: Xxxxxxxxxxxxxxxx To: amcquery@vba.va.gov Cc: BVAOmbudsman@mail.va.gov Sent: Friday, December 22, 2006 8:36 AM Subject: Service Complaint Hello, In conjunction with my ongoing appeal, I requested a Travel Board Hearing be scheduled at my local RO. I was informed by the TOGUS RO that no travel board hearings were available or being scheduled in the foreseeable future in an effort to reduce existing backlog, reduce expenses, and increase productivity. I was then scheduled for a Video Conference Hearing that was conducted on Monday, 18 Dec 06. Due to issues that arose involving that event, I forwarded the following service complaint via IRIS and am providing this information in an effort to make you aware of the problem. At bare minimum I expect written acknowledgement of receipt and indication of planned corrective action. Thank you for you attention to this matter. IRIS SUBMISSION: It is the standing policy of the VARO TOGUS to send letters to all individuals that are scheduled for a video hearing on a specific day that their appointment is for 0830 and that they are to arrive one half hour before their scheduled hearing time. There is no indication on any correspondence that the actual hearings are scheduled that day on a first come-first served basis and depending on how many hearings are scheduled the potential exists that the veteran will be waiting for an extended period of time. This practice is very inconsiderate of the veteran and the VSO who is representing the veteran. Clearly it implies a total disregard for the value of the veteran's and VSO's time. In MANY cases at this specific RO the veteran must travel great distance to get to the RO and it makes the issue even worse if the individual veteran is economically or physically disadvantaged and cannot provide their own transportation. If you use the example that the Veteran who lives 3 hours away is using others for their transportation and must arrive at 0800 and there are multiple hearing to be conducted, you place the veteran in the position of having to be up and on the road sometime around 0300 and having them exhausted by the time their hearing time arrives. This places the veteran at an extreme disadvantage at the hearing and is blatantly unfair and discriminatory. The VARO TOGUS claims that it is due to the BVA directives and unchangeable even though the RO TOGUS schedules all the hearing and can make the appropriate change if they so chose. This has been a long standing issue brought to the management's attention many times and they demonstrate a capricious disregard for the people they are supposed to be helping. XXX XXXX, the Regional office Director basically told me that "this is the way it is". He further stated to me that if I didn't like it I could leave. Terrible customer service and a shining example of the pervasive attitude in that office that it's my way or the highway. I specifically asked about a timeline for a policy change and was ignored. I believe it is reasonable that I be given a written apology by the Veteran Service Manager for the poor conduct of his employee, and a new policy be established following a complete review of the scheduling process that takes into consideration the Veteran and VSO's time along with other appropriate considerations.
  5. Hi, You know maybe if there is an obvious error that you just discovered recently such as the characterization made on the DD-214 you could pursue a correction: Correcting Military Records Are there mistakes on your military records? A correction board may consider applications for correction of a military record, including a review of a discharge issued by courts martial. Learn more about it here. The secretary of a military department, acting through a board for correction of military records, has authority to change any military record when necessary to correct an error or remove an injustice. A correction board may consider applications for correction of a military record, including a review of a discharge issued by courts martial. The veteran, survivor or legal representative generally must file a request for correction within three years after discovery of an alleged error or injustice. The board may excuse failure to file within the prescribed time, however, if it finds it would be in the interest of justice to do so. It is an applicant's responsibility to show why the filing of the application was delayed and why it would be in the interest of justice for the board to consider it despite the delay. To justify any correction, it is necessary to show to the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction. Application is made with DD Form 149, which can be found on our Military Forms page. Here's the url that you can copy and paste; http://www.dtic.mil/whs/directives/infomgt...fopage2137.html Not at all sure it will work since it's a medical issue, however, it wasn't a doc who coded your 214
  6. Actually, what I did was after sending in the IRIS inquiry, I took all that I had written and sent by email to the AMC and the VBAOmbudsman with a note telling them that this was sent to make them aware of an issue that has the potential to be explosive.... If someone were to file a brief with the CVAC saying that all decisions made that were unfavorable to the claimant due to the vet being under duress and fatigue that could begin a class action suit that would not be in the VA's best interest. Can you just imagine calling into question that volume of claims due to discrimination.
  7. Hi There, I just used IRIS for the first time and sent the following complaint, chances are that I won't get an answer. Complaint: It is the standing policy of the VARO TOGUS to send letters to all individuals that are scheduled for a video hearing on a specific day that their appointment is for 0830 and that they are to arrive one half hour before their scheduled hearing time. There is no indication on any correspondence that the actual hearings arescheduled that day on a first come-first served basis and depending on how many hearings are scheduledthe potential exists that the veteran will be waiting for an extended period of time. This practice is very inconsiderate of the veteran and the VSO who is representing the veteran. Clearly it implies a total disregard for the value of the veteran's and VSO's time. In MANY cases at this specific RO the veteran must travel great distance to get to the RO and it makes the issue even worse if the individual veteran is economically or physically disadvantaged and cannot provide their own transportation. If you use the example that the Veteran who lives 3 hours away is using others for their transportation and must arrive at 0800 and there are multiple hearing to be conducted, you place the veteran in the position of having to be up and on the road sometime around 0300 and having them exhausted by the time their hearing time arrives. this places the veteran at an extreme disadvantage at the hearing and is blatantly unfair and discriminatory. The VARO TOGUS claims that it is due to the BVA directives and unchangeable even though the RO TOGUS schedules all the hearing and can make the appropriate change if they so chose. This has been a long standing issue brought to the management's attention many times and they demonstrate a capricious disreguard for the people they are supposed to be helping. XXXXXXXXXX, the Regional office Director basically told me that "this is the way it is". He further stated to me that if I didn't like it I could leave. Terrible customer service and a shining example of the pervasive attitude in that office that it's my way or the highway. I specifically asked about a timeline for a policy change and was ignored. I believe it is reasonable that I be given a written apology by the Veteran Service Manager for the poor conduct of his employee, and a new policy be established following a complete review of the scheduling process that takes into consideration the Veteran and VSO's time along with other appropriate considerations.
  8. Hi Max, Gee, do you think it might be possible that the VA automatically assumes that if you claim PTSD that you have a substance abuse problem? Perhaps that visit to the clinic is to make sure you are still having symptoms, like there is some magic pill you can take to make it all go away. You know what Sgt. Friday says "Anything you say can and will be used against you" Jmo.
  9. Let me tell you a story..... a little bit of background first, I have been playing this game since January of 2004, my SOC is about 14 pages long, all of the claimed stressors have been verified by the VA, I filed this claim at the direction of the psychiatrist who wrote in my treatment record that I had chronic PTSD and that I was told by him to initiate the claim. He had been treating me for about 6 months prior to this and had written that his impression had been PTSD at every prior visit. Axis I = PTSD. the GAF varies from 39 up to 53 depending on my mood I guess. 3 months after I file my claim I show up for my appointment and the psychiatrist I had been seeing has been terminated and I get a new psychiatrist who says that while I have signs and symptoms of PTSD I also have a major depressive disorder NOS (not otherwise specified). Due to other medical issues such as coronary artery disease, congestive heart failure , hypertension, bilateral demylinating peripheral neuropathy in all extremities I filed for both Non service connected disability and for service connected. both got denied almost immediately. Filed for reconsideration by DRO on both and S/C was denied and the NSC was granted 16 months after the original filing date. Filed a NOD. My "C" file got lost in transit after it was certified to the BVA. Jump ahead to yesterday, was supposed to get the travel board hearing that I requested but was scheduled for the Video hearing. The RO does all the scheduling and notification. Letter says that hearing is for 0830 and to arrive half hour earlier. I show up at the RO and am told to go see my VSO first. I go over to his office in a different building and he tells me that everyone is scheduled for 0830 and that he has to find out when hearing is REALLY scheduled for. He can't get anyone at the RO to answer the phone so we return to the RO. Person behing the desk says that because I was not there @ 0800 that I go to the end of the line and that all hearings are on a first come, first served basis. I get really ugly and demand to speak to someone in authority. So as I am waiting here arrives a VA cop that they requested be onhand to supervise me. There are other people also waiting there so they try to get me into an office with the door closed because " I am disturbing the other clients" well their ploy backfired cause I wouldn't move off my chair. They had me talk to three different people before they finally got the regional office director to come talk to me. All I got was the same BS rhetoric about how the BVA scheduled all the hearings and I would have to contact them.....So here we are, the VSO and myself sitting there having four people in a row come out and tell us lies that both they and I already know are false. Hell of a system, we finally get through the video hearing about three hours later. I asked the VSO how I am supposed to provide the additional documents that I brought with me to the hearing, letters from my family and such. He tells me just hold on to them for when you go to court. Don't you know that all these people are paid from the same budget to say NO. They kept the cop right there to babysit me until after the last office person spoke to me. then the cop left. I guess I wasn't a threat as long as someone wasn't lying to me. God forbid that they would actually be forced to do what they are paid to do. I thought that calling the cops on me was a little extreme, but especially so since according to them I don't have rage issues and problems with authority figures..... imagine that.... Thought this might be good for a chuckle, if I didn't think it was so funny and stupid I might still be angry
  10. Allan, ""Hello. I am a vietnam era veteran. I have applied for a service connection and it is now in the hands of the BVA in Washington. I recently discovered my Rating Decision. On it there is something called Pension Entitlement Decissions. Then it says Permanent and Total for NSC from 06/22/1995"" Has this just been recently recieved? If it's only been a few weeks it does take them awhile to get their fingers working. from the time I got a decision to my first check was about two months and then another three weeks for the retro to arrive. If you are earning money or are recieving SSDI or SSI they will reduce your amount dollar for dollar what your already existing household income is. ""And then it says Combined Evaluation For Pension: 70%"" I have written to the VA several times but I don't get a response. Any ideas on my situation or could you refer me to someone. Thanks Alan Gosink If you have had time to write them with no response then two questions... where is your POA if you have one and does he or she know what your situation is? second is have you considered contacting a congressperson to investigate?
  11. To clear up these two questions and one from the other thread... first shrink I went to @ the VA said no doubt PTSD and wrote right in the narrative that I was advised to apply for SC compensation. Kept seeing him for several months. Suddenly he was gone and I was assigned to a new staff shrink. He said he was unsure if it was just PTSD or a depressive disorder NOS with anxiety components. So they send me to see someone for a PTSD eval. That guy was downright hostile to me and acted like I was taking up his valuable time so I just shut up and left. They then schedule me for a C&P but cancel it two weeks later and then call me on the phone with a new appointment the following day but not at the VAMC but rather at a vet center 60 miles away. I arrive 15 mins prior to appointment set for 10:00 and wait. at 10:25 this gal rushes in says she will be with me in a min or two, that she needs to grab her coffee and messages. I am called in 8-10 mins later and she starts peppering me with questions. We didn't hit it off right from the get go and things went downhill fast. She said this isn't working and that the interview was over. I was back on the road by 10:50. She wrote a wicked nasty eval saying that I had a personality disorder, nothing more. So I had applied for SSDI and SSA and they sent me for testing. that guy says yes I have PTSD and that the MEDs they have perscribed are masking some of the symptoms. Meanwhile things in my life are not going so hot... Had an bad anxiety attack and was refered to vet center(different one) so I send them a letter telling them my situation. They have me come down and it's now been over 9 months every other week I go plus still see the VA shrink. Vet center sent report to the RO and to BVA about how badly I was affected by the PTSD. RO ignored the report and certified my appeal to BVA. After two months of no word, I email to ombudsman and find out that my appeal was sent to the DAV even though my POA is with the AL. So I raise a stink. that was in July. TODAY they said that my appeal just returned from the AL and that it had a october 05 docket date and that they were currently working on November 04 dockets but they had my letter requesting a travel board hearing and didn't know how long it would take for the remand but to be patient... As to the stressor letter and all the various items that needed to be developed, yes they all checked out and they have ample documentation, plus photos and court hearing transcripts. they have no wiggle room in that regard, so in the SOC it says that while all my stressors have been verified, there are conflicting diagnoses and the question of equipoise does not enter the picture. They didn't even look at the vet center reports or the SSA paperwork. So as I see it I will simply have to wait it out till the board sees the evidence, in maybe a year from now
  12. To reply to Berta: The vitamin that I was told to take is "Alpha Lipoic Acid" 200-600 mg's per day has been shown to help injured nerves regenerate their insulation. The new problem is the Demylinating Neuropath that has just been diagnosed. The caths were done at two local hospitals, some were done at the VA's instruction. Nobody can say when and where the damage was done...just that it exists. I hear opinions from various doctor's all too frequently, none like to put those things to paper. NSC is not much money but it's better than nothing. I am of the opinion that the major part of my issues started from the PTSD that has been there all these years causing problems at home and work. It's only after several failed relationships and lots of different jobs that somebody other that just me started to see that I had a big problem with the world around me. anger, stress...la la la No I wasn't in-country or exposed to AO. I was in the Coast Guard and exposed to a different type of fire... some people do almost anything to avoid going to jail... My most recent s/c claim started in Jan 04 for an aquired anxiety disorder to include PTSD and cardiac issues secondary to that. It made it to the BOA but since the RO didn't provide the SSA paperwork and my award of SSI that I can't get cause the VA pays "TOO MUCH".or any of the records from the Vet center that has been treating me for 9 months my file is headed back on a remand...
  13. Hello All, To go along with what others have said, I'll add my 2 cents worth. Back in Feb of 2000 I went to the local hospital ER with shortness of breath and chest pain.... they did the blood test and the ekg..and all that routine.....Sent me home saying that I had indigestion. That was on a Friday night. The following Monday while out walking I collapsed in pain and called my wife on the cell and told her to come fetch me. I went back to the same ER (up here where I live there are limited health care facilities) and they did the same work up plus did a stress test with the thalium tracer. Lo and behold found three blockages, on 90% and two 70% all in the LAD, plus determined that I had had a heart attack sometime recently... Imagine that....This is the point that I entered the VA health care system, had no insurance, medical bills mounting up, perscription costs out of sight, ect... Just happened to luck out and got a really good NP who kept sending me for tests. That's when I learned about PTSD and how it had been plaguing me all my life. Learned that I got CHF and sub-clinical COPD So far I've had 9 caths and they have placed three stents. One of those stent caths went bad and they nicked the nerve bundles...that caused PN which is now in both legs. Just three weeks ago I was told that I now have demylinating neuropathy and it was suggested that perhaps the heart meds that the va provided worked against my metabolisum causing the new problem. The VA neurologist said that the damage has been done and it's irreversable. I can slow down it's advance by taking a vitamin but that they best they have to offer. Point of the story is you can get good or bad care regardless of where you go. The cardiology dept at the VA here is good but way understaffed. The outside cardiologist that I go to has a great rapport with the VA, in fact one of the doc's from that practice serves as a loco tenents doc at the VA. So all in all I believe that the VA has provided very good care but everybody doesn't get the same service, alot depends on your PCP and how much they push the system to deliver. The RO on the other hand has fought me every step of the way. I have already given up twice before after getting denied. This time around the post here have helped be find the motivation to fight harder. To thier credit they did grant the NSC pension, but that took some battle too. Sorry this is so long, but just wanted to balance out the perspective so to speak....Thanks for all you people do!
  14. Terry, The reason that I ended up with a NSC pension from the VA was due to the fact that I have some disabling medical issues, and by virtue of the fact that I am a vietnam era vet that served during a time of war I am eligible for the (so called) war pension because of no income. The NSC is a needs based pension that takes into account what your available household income is and considers what you have for dependents. In my case because I have school aged children and spouse they are considered in the monetary determination. There is a set amount based on your dependents and then they subtract household income and arrive at a monthly amount. Hope that answerd your question.
  15. Cavman, Been to two C&P's one for the PTSD and the other for COPD both were denied for SC. As to the other items, I have been going to the VAMC since my Heart Attack so they already had all my medical records in their own files. Plus they got copies of the medical files from my outside cardiologist that I made sure they mailed directly to the RO and to the VAMC. The VA diagonosed the GERD themselves so it was hard for the RO to deny it. I have had three stents put into my heart arteries, each one due to restenosis and the VAMC has those records as well. I have found that the best bet is to be proactive and keep them supplied with a papertrail Good Luck in your endeavor!
  16. Hi there, I haven't been able to locate an answer to my question so I'll ask it here.... I am currently recieving a Non SC pension from the VA. I initially applied for SC but like everyone else have been denied. The SOC stated among other things that the C&P examiner determined that the Board certified VA staff Psychiatrist who had been treating me for PTSD didn't know much and in one visit the C&P examiner decided that despite all the other evidence to the contrary that I didn't meet the criterion according to the DSM-IV. I did the NOD and was denied again. my appeal has been sent to the BVA and I have asked for a travel board hearing so I expect that the file will be remanded to the RO. I had applied for SSDI and SSI as well. the RO didn't bother to get the records from SSA or even include the treatment records from the Vet Center that has been dealing with my PTSD for the last nine months. Having provided that background material the question is... Will the VA have to give TDIU for SC PTSD considering they already decided that I am total and permanent for my other health issues, which I claim are secondary due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension. This is such a messed up affair, the RO has determined that all my stressors are verified, and they have the documentation to prove everything I have told them. The SSA decided that I am medically eligible for SSI but get too much money from the VA. Since I have been unable to work for several years I no longer qualify for SSDI due to lack of recent work quarters. I honestly believe what many others have said in the past, that the VA tries to run you down till you lose the will to fight or end up dead before you can win. I count my blessings that I am fortunate to be getting something from the VA, although the price paid to be eligible is a bit extreme.
  17. Hi There, I have to agree with the previous posters, I recieve a VA pension because I am unemployable. I have been fighting my battle with the VA since Dec of 2003. I filed for both NSC and S/C The RO acknowledges that I have disabilities that make me permanate and total, they just don't want to let me get the S/C cause I claimed that my heart attack was secondary to the PTSD so if i get awarded the S/C it's going to be 100%..its all a matter of money. Since your wartime there should be no issue getting the NSC, just got to get that thought in the right heads at the RO
  18. Hello, I've looked around here and in the FAQ's but didn't see my specific issue so I'll ask here. Recieved a letter from the RO saying they certified my claim to the BVA. Letter also said I would be contacted by the board acknowledging reciept of my claim file. After 45 days of no contact from the RO or the BVA, I sent an email to the ombudsman inquiring about my claim file. Took a week to get a reply, but was told they sent my file to the DAV for review. Problem is my POA is the Legion. Sent them back a email copied to the AL SO at the local RO. The ombudsman responded that there was no 21-22 in my file. I faxed down copies of both the 21-22 appointing the Legion as well as the 21-22 revoking the DAV both stamped by the RO with an effective date of Aug 2005, a year ago. I asked in the fax letter to the ombudsman what procedure is available to make sure that they have my complete file as it is obvious that there are some pages missing. The only response I recieved was that they pulled my file from the DAV. I have been on ignore ever since. The BVA or ombudsman have not responded to the fax or to the email. What do you do in this situation?
  19. Having had several spect tests done in the past few years this particular article from the FDA caught my eye and may be what some are refering to: FDA is issuing this public health advisory to inform patients and health care providers that Palatin Technologies, the manufacturer of NeutroSpec (Technetium (99m Tc) fanolesomab) is voluntarily suspending marketing of NeutroSpec effective immediately due to serious safety concerns. NeutroSpec is indicated for radiologic imaging of patients with unclear signs and symptoms of appendicitis who are five years of age and older. FDA received reports from Palatin Technologies of 2 deaths and 15 additional life-threatening adverse events in patients receiving NeutroSpec. These events occurred within minutes of administration of NeutroSpec and included shortness of breath, low blood pressure, and cardiopulmonary arrest. Affected patients required resuscitation with intravenous fluids, blood pressure support, and oxygen. Most, but not all, of the patients who experienced these events had existing cardiac and/or pulmonary conditions that may have placed them at higher risk for these adverse events. A review of all post-marketing reports showed an additional 46 patients who experienced adverse events that were similar but less severe. All of the reactions occurred immediately after NeutroSpec was administered. There is no evidence that patients who already safely received the drug face any long-term risk. The relationship between NeutroSpec and these events has not been definitively determined. However, the consistent characteristics and rapid onset of these events following NeutroSpec injection makes it likely that they were due to administration of NeutroSpec. NeutroSpec is an antibody radio-labeled with technetium-99m. There is no indication that the radiopharmaceutical component of NeutroSpec, technetium-99m, was related to occurrence of these events. The decision to suspend marketing was based on the life-threatening nature of the events and the availability of other means to diagnose appendicitis that do not carry these risks. FDA urges health care providers to discontinue use of existing stocks of NeutroSpec and to contact Palatin Technologies regarding their return. NeutroSpec was approved in June 2004 for imaging of patients with equivocal signs and symptoms of appendicitis who are five years of age or older. Market approval was based on a total of 523 subjects; and adverse events of the severity described above were not observed pre-marketing. The 17 patients who experienced the serious events received NeutroSpec to diagnose infections other than appendicitis. It is not known what, if any, risk factors might increase the likelihood of such events. The FDA will work closely with Palatin Technologies to evaluate these adverse events and their potential relationship to NeutroSpec. The FDA will notify health care providers and patients in a timely fashion as new information becomes available. The FDA urges health care providers and patients to report adverse event information associated with this or any medical product to FDA via the MedWatch program by phone (1-800-FDA-1088), by fax (1-800-FDA-0178), or by the Internet at http://www.fda.gov/medwatch/index.html.
  20. Wow... Thanks FLHRCI, So what do I do with that? Just print it all out and send it along to the VA with the other report from the SSA examiner who says my symptoms might be PTSD related? I didn't bother to mention that I was an EMT licensed in NJ while stationed at the SAR station in Atlantic City. I did my training weekends that they freed me up while in the CG and trained at Shore Memorial Hospital. The CG paid to send me to be an EMT and I trained with the CG Group Commander who was taking the same course. The twenty some years that I skipped over were spent going thru two marriages, about 14 Jobs and a whole lot of just plain oblivion. I did LE for about three years after discharge and just couldn't do it anymore. Laws are written in black and white but it's mostly just all gray out there and I really resent authority so I let too many people slide and was always getting crap from above for it.
  21. Hello Berta, To answer your questions: The report that I got out of the Americal Legion SO was not provided by the VAMROC, I had the SO find it in his files and give me a copy. At the top of the report it said... Comp and Pen Exam Report for Initial evaluation for PTSD Exam. In the exam provider block it has her name. The report says it was done at VAMC Togus but it was not done there. At no time have I ever been tested at the VAMC with any shrink tests. The neurologist at the VAMC told me that I most likely had a stroke along the way while my outside cardiologists were doing a cath to place another heart stent. I got the NSC because of my combined heart/lung issues and the shrink I talk to at Togus says I have a depression problem. I haven't really been able to work since the heart attack more that just part-time due to fatigue and loosing my balance and stuff like that. About the test that was done, that was at the request of SSA and was three months BEFORE the C&P so the AL SO told me that it was worthless unless I could get two more Doc' opinions that I has PTSD related symptoms to upset the C&P report. Without money it's hard to get an outside doc to do anything. As yet the SSA has not awarded me anything, the last time I applied they rejected me and I didn't bother to appeal cause I was so depressed and fighting to maintain... I just didn't want to uncover all that crap all over again. This Jan I did make a new app for SSDI and SSI. I'm still waiting for the results...
  22. Trying to clairfy what I was saying, I did produce all the necessary evidence and the VA RO had independently verified everything I told them. I even provided photos of some of the search and rescue incidents. I had more than adaquate evidence of verifiable stressors. My medical record from the VA points to PTSD as a cause of many of my symptoms. LE/interdiction is Law enforcement and Drug Interdiction where you get shot at, not by design. Something the Coast Guard does every day. You just don't know then what it might do to you later. The female examiner was a VA employee and obviously they acccepted her opinion in the face of otherwise overwhelming other opinions.
  23. Hi All, Kinda lost here but guess that asking never hurt too much. Hard to find a good starting place to begin this tale so I'll begin by saying that I was in the CG from 11Feb74-10Feb78 and was across the pond in the med on an isolated/restricted station when the broken arrow went down between the kennedy and the belknap in Nov75. just a little stress there. returned conus and went to a SAR station for the remainder of my tour. Been in some wicked nasty sorties plus did a lot of LE/Interdiction work under fire. Fast forward to 2000, had spent the previous 20 plus years being just plain miserable, moody, snappy, drank heavy for a while, most of you know the drill. 2000 is significant cause bang out of nowhere comes this heart attack. Then all kinds of things began to mess up, breathing, stomach pain, water retension, and the list goes on. I have no money and no insurance so I go to the VA for help. Get medical coverage and a great NP who just wouldn't let any crap slide by. she kept sending me for tests and what come up is a strong suggestion that my problems are and had been PTSD related. Whatever. I know nothing about this so I ask at the DAV and they tell me I got no case...All this crap keeps up and is getting worse. On 08Jan04 I finally decide what the hell and file a claim. Then they start making me dig up all this stuff that I buryed deep years ago and taking the lid off was a nightmare just beginning...I finally got a NSC in may of 05 and an SOC and denial for S/C. I had also applied for ssd and have been tested and get a report from that doc saying that my problems might be PTSD related and that My GAF is 51. I appeal the Va's decision and get sent for a C&P exam by some Female at the Vet center who after making me wait for 25 mins shows up has me wait again so she can get a coffee and I then follow her into her office. She starts off asking me about combat and I asked her what she knew about the CG. I'm there another 20 mins and she says the interview is over. I'm out the door and travel back home the 60 miles or so ugly as all getout. Couple weeks go by and I get another denial from the VA. When I read the report from this "person" she states that I have a personality disorder, no signs of PTSD and a GAF of 65. She is very specific in stating that I have no PTSD symptoms. I go to the AL SO who says that she went out of her way to kill my chances for a rating. My phys at the VA mental health clinic says I have a PTSD related problem. Next appointment he's no longer employed there. Get a new shrink who decide I have a depression disorder....Where do I go from here? I made the case with all the verifiable stressors and every other thing asked of me and along comes this gal who makes a one person crusade to shaft me....What am I suppposed to do next?
×
×
  • Create New...

Important Information

{terms] and Guidelines