mssoup1

Berta, you do great with your posts. Has anyone gotten a copy of the transcript from their BVA hearing and actually sit down and read it. I realize that they are transcribing from a taped recording and some words are not clear, but the misspelling of everyday words in them can be unreal. I starting counting the number of misspelled words in my husbands transcribed copy of his BVA hearing and I finally gave up because there were so many. Wonder how much they pay these people who do this and what their education level is. But, let us misspell a word and they will figure out how to use it to deny the claim. Ha! Ha! mssoup1

Someone I know recently went through the basic training to become a SO. He gave me the class material and test for me to read and look over. I am not looking at taking the course or becoming a SO, but I was just interested in reading and looking over what the course contained. Well, out of curiosity, before I even read any of the class material, I took the test. I was shocked at some of the questions on the test. Most of it basically had nothing to do with the meat of working a veterans claim. There were questions that I thought that were very unique things, have nothing to do with a nomal claim and not your general information of "need to know" things. These I thought were things best, at the time it may come up, to look up the information. If you don't know the basics of the process starting out, then I don't see how you could expect to possibly be able to help a veteran with their claim. The training material may have covered more basic information as I have not yet looked over it, but I think the test could have been better. I only hope the contents of the training material is better put together. JMO mssoup1

1968 Army VV, Only my take on what you stated in your post. We were told basically the same thing you were. That they were waiting on my husbands SO to sign off on the claims and they also gave us a suspense date. According to them, this is the date that they are supposed to have the claim finished. I am assuming when they stated VA Service Rep that they did mean your SO, but maybe not. If this is the case and your suspense date is September 4th, I would think that your SO could tell you more about what is happening on your claim and if, in fact, a decision has been made. They can also tell you unofficially what the decision is. I may have read your post wrong, but this is my take on what I understood your post to read. mssoup1

Liz, So very sorry to hear about your loss. And to make things worse, to be begging for someone to help you, only the system that should be there to help is not available to you. That stinks, big time. Please hang in there. Berta is right. Locally, our DAV has numerous vans that you constantly see at the VAMC and other places waiting to assist those who need them. That is what they are there for, so please take advantage of their help. I also am unsure of, by your post, as to where your husband was when he passed away. Berta is also correct in the fact that if your loved one passes away while in the hospital there, they can be very compassionate during that time. My husbands brother passed away a couple of years ago at the VA and there were many doctors, nurses, etc. there for as long as we needed them and answered all of our questions that we had. The VAMC was also helpful in telling us some of the things that he would be eligible for, due to his death. There are a lot of people here that will be there during your time of need and are more than willing to talk to you and help you through this terrible time in your life. Please use them to help you through this. You are not alone. Again, I am so very sorry about your loss. mssoup1

I can only add my opinions based on my husbands BVA hearing. He had a travel board hearing, but I think, basically, the travel board hearing and the videoconference hearing are basically the same. The law judge is just in a different location for the hearing. First, I would never opt out of a BVA hearing, except under extenuating circumstances. You may not get another chance and if you do, it may takes years to get it. Your file must be sent to the BVA prior to your hearing and this must be available to them. How much they review it ahead of time is anyone's guess. During my husbands review, it didn't appear that the law judge knew much of anything about my husbands claims, even though they had his file in front of them, but he was alloted plenty of time to explain everything. Then again, he had a scheduled hearing and not a trailing docket. In fact, I was surprised that there were actually veterans who were scheduled on the day my husband had his hearing and they failed to show up. Because of this, we were taken ahead of our scheduled time and I am sure this is why we had more time for my husbands hearing. Please be early because the same could happen in your case. There may be veterans who don't show up at the last minute. They could then call you early and as an end result give you more time for your hearing. As Pete stated, try to prepare yourself as much as possible ahead of the meeting. This is very important. Also, since there are many law judges hearing veterans cases, a lot can also depends on who you get. We really lucked out and got a great law judge who made us feel very comfortable in the hearing. She also stayed focused the whole time on what we were saying and asked a lot of questions. I had the most important evidence with us during the hearing and was able to pull information from our files when the law judge seemed stumped on things we were discussing. I think it really helped when I was able to immediatey show them what they could never have found that quick in his VARO file and in the end, I think, this was a big help in the deciding factor of his claims. I think the more evidence you can show them without them having to try to find it in your folder themselves, the better off you are. It keeps the flow of the meeting moving better and they get to see the evidence first hand while you are speaking. Also, while you are in the meeting, you are being taped, therefore, try to speak very distinctly. If you are not sure that the information, such as a doctors name, will be picked up correctly, state the name and then spell it. In the end, this tape will be transcibed into a paper document. The person doing this is relying on what they hear and is not necessarily what was said. After getting a copy of my husbands transcription, I couldn't believe what was documented and what was actually said. But, there was really nothing transcribed wrong that was bad enough that could have an impact on the final decision. Remember, the BVA will be using the transcribed version of your hearing in making their decision. You can also request a copy of the transciption for your records. A BVA hearing is no different than anything else with the VA process. A lot depends on who you get and how prepared you are with the evidence that you have. If you feel that your evidence is not quite as good as you would like for it to be, then you must show that what you are presenting at least would fall under the "benefit of the doubt rule". You may have very good evidence, but you also must be prepared ahead of time for any direction that the meeting may go. I know things will go well for you and I do wish you the best of luck. I hope that maybe I helped you a little from the experience that we have had. Maybe others here can tell you of their experiences and then you can make your choice on how you will prepare yourself. mssoup1

Vike, Jangrin stated: "the SO did set up the eval with the VA contract psych doctor, she had to call around to different areas for funding, it got approved by VA and my husband has had 6 sessions and is starting group therapy." This sounds more like medical care vs. a C & P exam. Will the VARO accept a report from his psych doctor or will he still have to undergo a C & P exam? I would think that it is highly possible that he will still have to have the C & P exam. mssoup1

Pete, I agree about looking at your medical records. My husband had a C & P exam and there was absolutely nothing in it that was correct. The examiner used my husbands psychiatrist name and said that he was a urologist from the urology department. He stated that she was a he. He stated that my husband had a prostrate problem that he had been seen in the urology department about. My husband doesn't have a prostrate problem and has never even been treated in the urology department. If he does, someone better be treating him for it. I could go on and on about this report as far as the inadequacies of it goes. A lot of this holds true for his normal exams as well. So much is put into those reports that is inadequate. You sometimes wonder if when they are writing the report on you if they are not looking at another veterans file. You are correct that you should get a copy of your reports right after your visits to see what they write in them. After all, if you need to file a claim, this incorrect information can be used in deciding your claim. mssoup1

Vicki, I agree with you. Being able to get an IMO, which is in your favor, definitely can help your claim. If not at the VARO level, then maybe up the chain. As I stated before, we had a very good IMO and couldn't get an approval at the VARO level even with the IMO. It had to go all the way to the BVA to get the approval. But, then again, others have gotten an approval with an IMO at the VARO level. I guess you never know what is going to happen while you have your claim in process. mssoup1

This may have been a unique case for what ever reason, but my husband had an IMO stating that his eye condition was directly related to his skin condition, which is service connected. The VARO turned it down. We took the denial to my husbands doctor and he was floored. Couldn't believe it. We got it approved when it went to the BVA. Goes to show that nothing is guaranteed and until you get a decision, who knows which way a claim will go. I am not trying to be negative here, but only pointing out a valid point. We were totally shocked when we turned in the IMO because we thought the claim would have to be approved. Well, what a surprise when we got the denial letter. So, again, even having a good IMO doesn't guarantee you anything, especially at the VARO level. mssoup1

Carlie, Thanks for the link. mssoup1

Only my opinion. I have been to many doctors and a few physicians assistants. I can tell you that without a doubt, the physician assistant spent a great deal more time with me than most of the doctors I have. She was very intererested in what my problems were and did a lot of explaining details to me. In fact, she was so good at what she did, she didn't last long at the clinic where I was being treated. I understand she was moved due to the fact that she spent too much time with patients. Believe me, I was very leary of seeing a PA until I had my first visit with her. Now, I think, I would just as soon have a PA as my PCP. My husband had a PA at the VA as his PCP. He thought she was great. Spent a lot of time with him and seemed to really care about him. Well, she was able to transfer to another department she had been wanting to work in, so he lost her. He got another PA and it was like day and night between the two. So, I guess you never know. I guess what I am really trying to say is that whether the person is a doctor, NP or PA, it all depends on who is treating you and, most of all, their time schedules. It seems it is so hard to find any treating doctor, NP or PA anymore who has much time to spend with the patient. It is like we are being herded in and out like a bunch of cattle. I guess the way they book so many patients on one day has a lot to do with the amount of money they are getting reimbursed from the insurance companies/medicare as well. The less money the insurance companies reimburse them, the more patients they have to book and see in order to make up the difference. Then, we seem to get the short end of the stick. Of course, this is only my take on how it seems. mssoup1

Congratualtions. Sounds to me like you are P & T by getting Educational Benefits. Good luck and so glad you made it to that 100%. mssoup1

Berta, Just a question I have. What if those widowed spouses did not ever file a DIC claim because they did not think that their veteran spouses qualified since they were Blue Water Vets. Wonder if they will be allowed to now file a new claim based on this recent change? mssoup1

I think Patrick is right in the fact that no two doctors are alike and they will not test you and document your sessions in the same manner. My husband and I have been through sessions with both VA psychiatrists, psychologists, counselors and non-VA psychiatrists, psychologists and counselors as well. I was quite surprised at the differences from one doctor to another in testing and treating you. I would not have thought there would have been that much difference between them, but there was. There was one psychiatrist that even wanted copies of any lab work done by the PCP sent to him. Not quite sure why. So it is hard to try and tell someone what to actually expect in a PTSD examination. Even though the doctors are supposed to be looking for the same symptoms in the exam, they still have their own way of assessing you during the exam. Just be honest and tell them exactly what your problems are. As Patrick said, some doctors are alert to picking up when you are not quite honest with your answers. If you are afraid that you will forget things, write down all the things that happen to you and give this to the doctor. This way you can be assured that you didn't miss anything that you wanted to relay to him/her. Bring your spouse, if your are married, with you. I have been able to go into every C & P exam that my husband has ever had and I was able to speak with the doctor as well during the exam. My husband does not always see what is wrong with him and does not always relate his problems to the doctor, so I do it for him. He is also very forgetful. The doctors did not seem at all concerned that I was in there with him. Some independent psychiatrist may want to talk to you first before they allow anyone else in the room. That is okay though. They just want some time with the patient first. The spouse can then tell them anything that they feel they should be told. This is just my opinion and hope it helps you some. mssoup1

For anyone who is service connected for MENIERE'S SYNDROME, what type of examination do they give you to diagnose this? Is there an examination they can give you? Thanks, mssoup1

Years ago, my husband had a tendon in his shoulder repaired and moved due to an injury. He also recently underwent two total knee replacements. There was no comparison in the two. The pain from the shoulder surgery was far worse that the knee surgeries. But, as we ladies who have given birth can attest, you men don't know what pain is until you experience child birth. HA! HA! Hope all goes well with you. mssoup1

NP's and PA's can give C & P exams legitimately. All that is required is that they get a C & P doctor to sign off on their exam saying he agrees with their assessment. I'm not sure whether it makes much difference whether a NP, PA or actual physician is doing the exam, it just depends on what that person wants to put in the report. I also think a lot depends on the age of the examiner doing the exam. Some examiners who have been doing C & P exams for a lot of years seem to have the hardest time in wanting to put the information in your report which could help you win an approval. They can sometimes be very difficult to deal with. But, this is only my opinion from our experiences. In fact, we have filed more appeals on inadequate exams that were done by a physcian than those done by NP's or PA's. So I guess it all boils down to who you get doing the exam and how much they are willing to really help the veteran and his claim. I think being able to hire an attorney is a good idea for any veteran who wants that right. But, I think what will happen will be the same thing that ends up happening with NSO's with backlogged claims and not enough time to spend on any one veteran. The attorneys will end up getting so many claims to handle by trying to take on as many as they can and then they will be as backlogged as the NSO's. Attorneys seem to be so busy even now that it is hard to get an appointment with one for any legal matter you have which would not bring them in a substantial amount of money. And, I bet you would still end up doing a lot of the leg work on your claim, the same as you have to do now. Again, this is only my opinion. mssoup1

Congratulations!!!!!!!!!!!!!!!!!!!! I agree with Berta. Don't know the details of your claim, but the retro date does sound a little strange, but maybe not. As she stated, you can always appeal the retro date if need be. Again, I am very happy for you and wish you the best of luck. Nothing makes the day better than to hear a success story like this. mssoup1

Just my 2 cents worth since I have been before two BVA hearings before. These were in person at the VARO office. Try to be as calm as possible. Getting nervous or upset will only cause you to forget important things you want to make sure you get communicated to them. Just remember, they put their pants on the same way you do, so don't feel like you are the little person that someone is looking down on. In fact, we had a female law judge on one hearing and after about a minute, she made us feel like she was there to help us and she made us very comfortable. Take any of your most important evidence with you. If you have certain areas within the document that pertains to what you want them to see, highlight that area so it stands out and the whole document does not have to be read. If they act as though they have not heard of the evidence you may bring up, show your copy to them. This does go a long way. I had to do it several times and did help our claim in the end. Make a time frame sheet as to when things have happened and dates you turned in evidence or additional information to the VARO. If they want to know something specific, you don't want to have to dig through a lot of paperwork to find the answer or say "I don't know" unless you have to. You are alloted a specific amount of time for your appeal hearing, so you want to make sure you get the most for the buck. Make a list of anything that you want to make sure you get conveyed to the law judge. Doesn't have to be detailed, just to jog your memory while you are there so you don't forget anything. Remember, this is your one chance to appeal to the BVA in person and you want to make sure that you have all of your ducks in a row. When speaking to them, make them feel as though you are very knowledgeable about the VA regs, codes and processes. If you have more than one claim on appeal to the BVA that will be heard at this time, take each claim separately and stay with it until you have finished what you have to convey to them. Don't try to talk about more than one claim at the same time. This will only confuse them. Stay with one, finish it, then move on to the next one. I not only took relevant evidence, letters, etc. with me, but I wrote up a letter based on what I wanted to convey to the law judge. In the letter, I even had regs and codes quoted. My words in the letter I kept in black. Any regs or codes that I had in the letter, I put in red. This way I could tell the difference between the two. I myself was a little nervous to start with. I have panic attacks, so I thought this was really going to be rough for me. I asked if I could read from my letter and if they had any questions, they could stop me and we could discuss it. They said it was no problem. When I read the letter, I took my time and tried to speak as plain as I could because all of this was being recorded and I wanted to make sure there was no miscommunication. I even sometimes spelled out things which I though might be misrepresented when someone tried to type up the transcript from the tape. You know why you have appealed your claim. Now, be ready to sit there and explain to them the very best you can why you feel your claim should not be denied. Be ready to show them the evidence you have which you feel contradicts the denial from the VARO. While they do have your C-file there with them, if you can readily access your files for any information which they may seem to be concerned with, it would be better for you to say "I have it right here for you" vs. the law judge trying to flip through your c-file to try and find it themselves. If they need a copy of anything you have, they will get someone to make a copy for them. Again, try and be as well prepared for the hearing as possible in order to be able to get your points across to the law judge. Don't ramble on about things. Get the important facts on the table and move on to something else. Don't get them bored right off and then not want to listen to anything else you have to say. Try to keep their attention as much as possible. These are some of the things I did and every claim that was before the BVA was approved, so I must have done something right or it was my lucky day. Good luck and I wish you the best of luck. Just spend some time on getting yourself prepared and try to stay as calm as possible. I am sure things will work our positive for you. mssoup1

I'm not sure that they will go back to the date of the actual change in the ratings. They will only go back to the date you filed the claim for the increase, regardless of when the actual rating changed. The ratings for skin changed and I was not aware of those changes. I later found this, by accident, and immediately filed for the increase for my husband. He was approved, but only back to the date that he filed for the increase, not when the actual rating change took place. If anyone else has any knowledge of this, I also would like to know since the same thing happened to us. mssoup1

The VAMC's do not like it, but if you continue to have problems with the pharmacy billing or anything else that you cannot get resolved, get the Patient Advocate involved who is located at the VAMC. We have done this several times and our problems got resolved pretty quick. We also recently found out that if you do file a complaint with the Patient Advocate, that the department, doctor or person you have the complaint with ends up having to fill out a bunch of paperwork due to the complaint. I guess this happens at all VAMC's. mssoup1

Just a question. As far as VUPD is concerned, do you know of anything about you or your claim that has to do with Vanderbilt? mssoup1

David, I agree with Berta. I think what you wrote is also excellent and can be very useful to other veterans who read it to get an idea of how to write an NOD. I also agree with Berta in citing the codes and regulations that apply to what you are disagreeing with. I think the VARO likes to see these quoted as well as your reasons and the medical evidence you have. Good Luck, mssoup1

Are you running an up-to-date copy of a virus program. If you had Word and now have lost being able to access it, you may have gotten a virus which, in turn, affected your Word software. Are you having any problems with anything else on your computer? While most of you may realize this, there are software programs which you purchase that only gives you one years subscription and you must renew each year or the virus updates are not done, even though it may look like it to you. Nortons Antivirus is one of those. I cannot tell you how many people who purchase a computer and has a trial version of Nortons running thinks that because they had it on their computer when they purchased it, that they continue to have it and never have to purchase the updates. I have had friends and family that thought since it came on their computer, they were being updated with the latest virus protection months down the road. Well, they were not and as a result ended up with a virus on their computer. Also, unless you have your computer turned on and logged in to the internet all of the time, then you may not be automatically getting the updates. You must then check to see the last date that an update was done and then manually do the update yourself to insure you have the latest protection. Again, I am sure most of you knew this already, but if there is one person that this may help, then it was worth bringing it up. Getting viruses can be a complete disaster to your computer and the software you run. At one time, I managed to get a virus (my fault) and before I could get the problem corrected, it also affected my CD-ROM hardware. I do run Nortons Antivirus and while it does slow down your system more so than some other virus software, I have been extremely pleased with how it protects your system. The newer software they now have is even better. Again, it does have a tendency to slow down your system more, but, it is worth it knowing that I feel comfortable I won't get a virus infecting my computer. I know I kinda got off of the original subject, but this does run along the lines of the original question asked. mssoup1

Go to MYHEALTH on the VA Website and you should be able to get a list of all of your current medications. Will not give you a list of side affects. Like Berta said, you can get that list from MerckMedco or other sources on the internet. mssoup1