Berta

sbrewer-if this doctor was a MD (not a PHD) and she could give a medical rationale for her statement- regarding the heart disease and depression- he could claim the heart disease as secondary to the depression. Rationale is a term VA uses meaning a doctor's medical expertise and background that would make their opinion valid.

Peter is right- the VAMC is a good start-bring your award letter to their billing dept- they DO reimburse on this-it should not take too long-

Airman- ooops SGT.----one question- do you mean you have applied for CRSC with this VA rating? Also is that 40% right? Any heart involvement or high blood pressure, vision , skin problems from the DMII? If so-now is the time to tell the VA. Sounds like they awarded on DMII -no insulin, ED -SMC and also peripheral neuropathy? 40% might be too low- did they send you the criteria for rating DMII and its complications, with the decision? Or did they not send it- this was an award letter -they probably didn't-and they might hope you never find out what the DMII criteria and rating actually is. Berta

Here it is: http://webisys.vetapp.gov/isysquery/irlf84b/1/doc It is at the Court (CAVC)- please note all- since they posted it the court just added something to the top- "Document has changed since indexing, hits cannot be highlighted" PS-Sorry Jessejames- I see you ARE quick on the draw!

at their web site! Yippee! http://www.va.gov/vbs/bva/ from : Little Eagle Feather

They rate depression just like any other mental disability. This might help- the vet was denied for the EED but she has service connected depression. http://www.va.gov/vetapp06/files1/0600315.txt All SC ratings are determined as to how much the SC disability affects your ability to work. That is how they get the percentage.

An independent medical opinion from a private doctor can do wonders for a claim- it can support,in some cases- with the SMRs, as well as all medical records, -a 'likely as not or more likely than not' service nexus, and certainly help you to get a proper rating. I always advise Dr. Bash- check him out in BVA decision and at: http://www.veteransmedadvisor.com/about.html His fee depends on many factors. You can ask your VA doctor for a letter to support your claim-you have to sign a statement saying you understand this does not necessarily mean your claim will succeed. that info was at hadit some time ago as to getting a VA IMO. PS- Nexus- is the link to your service- often this takes more than a medical opinion-if this is not in your SMRs then it will take buddy statements or other info in your service records to support-proof- such as your MOS exposed you to chemicals- (an MOS on a DD 214 often does not reflect what a person did in service) details as to how that occurred, etc is what they will need. An AO vet (Guam) by virtue of his detailed account of his MOS and handling of AO was given SC for AO Guam by the BVA recently. Send , in support of your claim, copies of anything new that happens- attach it to a cover letter to identify your c file number and which claim it is for. Often a medical signed discharge summary statement for surgery or hospitalization will cover most of the info VA needs.

Hookrunner- here is the CIB criteria- Army: http://www.americal.org/awards/cib.htm There is quite a bit at this link--- "2) A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question can be of any size smaller than brigade. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period." The Unit history would reflect the 'active ground combat'. 101st certainly saw fire during period he was there-I have their battle and campaign history- If he states where the mortar attacks and combat was- it would be easier to put him at actual place of stressors and establish a nexus- if this is a PTSD claim. It is just very unusual to me that the CIB did not show up on the DD 215. I know personally that they respond well to DD 215 (DD 149 requests) and I suggest here that any vet who questions their decorations or medals should send a DD 149. 3 or 4 more showed up on my husband's DD 215-he never knew he had them- And then the USA medals and ribbons came from the gov-but I had to buy the Vietnamese ones at a military base. Berta

I say- get a known psychiatrist over any other type of therapist- Stay away from the herbalists , hynotherapists and other PTSD "EFT" quacks on the net- go to WWW.healthgrades.com and for a few bucks they will give you some info on the doctor-if they are listed there- or call your state AMA and ask them where you can check out this doctor's credentials. I found info on numerous VA and private doctors on the net to help claims. This is funny- a doctor I know works at VA in this state-but I got a health grade run down on him to double check.Been years since we talked. I sent him a letter about something very serious- in February. His VA sec told me via email he was on vacation but would be back on March 6th and would reply to me ASAP. Got letter from the VAMC yesterday.They said he suddenly Retired and apparently they cant reach him. Yeah Right- Try to get the best medical help you can get-away from the VA system.

Mark- dont know if I mentioned- there is a link here at hadit to this reg: 38 USC 1114 Special Monthly Compensation- If you have loss of use of--regarding the arm-shoulder- along with the blindness- I believe you might well be eligible for SMC. A veteran has to study these regs carefully to see how they can be applied to their own disability picture- I suggest too men and women- that if one claims SMC, it sure doesn't hurt one bit to tell them what level you believe you are entitled to and why- refer them to the med evidence at this point of your claim-and attach copies of it too. Some here might remember Laurie and her dad. She went over SMC regs carefully and told them what criteria he should be in. His retro check on the SMC alone was enormous. My SMC claim for Rod is a CUE but still- I showed them the medical evidence, and attached the regs in 38 CFR that they broke and also sent an OGC Pres op that they ignored on SMC. SMC S award is an obvious VA no brainer -in my case-but I told them dont even bother to award that- I asked for SMC R-1 and supported that with medical evidence. I learned over past 2 years-If we do some of their job for them -it saves them time and it gets done right.

"He told me yesterday that he was qualified for CIB but was not on his dd214 . The State Service office file a sf 160 for a updated dd215 but they only added the Air Medal and Army commendation. He was in country from 13 June 1969-Nov 19 1969. His parents got him out on a hardship ,but he still had to make reserve meetings" Have you personally seen this vets DD 214 and DD215? The DD 215 will be completely different from the DD 214 in size and format. Was his discharge HD or OTHD? I never heard of the form the vet rep used- I use a DD 149 for DD214 corrections. Does he have his complete military service records? I strongly suggest that-since he trusts your help- to go to the NARA web site while he is with you and help him apply on line for his SMRs. You will go to http://www.archives.gov/ then to Military Service Records and get a SF 180. I strongly suggest that, under the Request block you ask for ALL medical, personnel, and discipline records, and a copy of his discharge papers. Print out the bar coded thing and have him sign it, copy it, and mail it. It will take 4 to 6 weeks usually. I hate to sound negative -but in cases like this- dont do what I have done in the past- knocked myself out for vets without seeing their DD214s and 215s and SMRs first- then find out down the road -it was not what it all appeared to be. Where and when did those specific mortar attacks and firefights occur? I have war maps, and war history , links etc from the git go on Nam. I have all the recent declassified stuff-there wasnt much left for feds to declassify. There are Morning reports of firefights and mortar attacks and even COs can be found-for buddy statements- if he should have gotten the CIB. Has he shown you his VA enrollment card? During his period of incountry service something about Vietnam startled the American Public and caused returning DEROS vets even more stigma that they already had. It was in Stars and Stripes and Hanoi Hanna news broadcast there and in all the media here stateside. Upon his DEROS- he could not help of being aware of this- and probably definitely heard in Nam too- This documented event would probably contribute to PTSD in any Nam combat vet who served there after Jan 1969. It could be used as stressor to support his MOS which is as someone correctly said-was Infantry. Berta

Jim - a real shrink- someone independent of the VA- and I mean a psychiatrist-(they are MDs) not a psychologist- with all of your VA medical and private mental health records, and your Serivce records, could determine with a battery of tests- the MMPI, Hand Test , Wexscler,Trails Mosing -there are 6 or 7 tests they can perform-I listed them all for you at the old board- this doctor could assess you properly as to your current disability and then possibly associate your disabilty with your service records-they would need your SMRs and your personnel files. Then- your CUE claim would possibly have legal evidence to support their legal errors. Medical evidence-for CUE- has to be manipulated into statements of fact as to how the wrong med info caused them to commit clear and unmistakable legal errors.Same as my main CUE. It went into adjudication last week after they got more evidence.It is based solely on law. Also this IMO- although it might be costly- would be the best investment into a claim for proper SC disabilty that one could make in this type of situation. Do you get Medicare- maybe that would even cover the expense??? I dont know- I dont play Quack Wars with them- what I mean is if I have a vet in a similiar situation- lousy mental diagnosis from the VA- I always suggest they get a professional IMO because that-if it reflects what you are seeking from VA-a good IMO stops them cold. Sure- they can continue the argument- but if one has a good IMO from a professional- with Rationale for their opinion (professional expertise in the specific disability field) who has laid their reputation down whenever they sign an IMO-for a vet- the VA is put into the defensive position as they know veteran has the ammo they need to succeed in their claim.

Kirk- sounds like you have a Great SO- you and the SO are absolutely correct on the dialysis ratings- Seems to be this is a no brainer P & T too- Has your SO considered any SMC also- 38 USC 1114-Special Monthly Compensation- or HB (Housebound) or A & A.(Aid and Attendance) Knight Ridder News has the Morning report link for all VAROs- or maybe I found it at the VA web site- forget- Yes- there is GREAT disparity in the way VARos are handling claims state by state.

Mark- I dont know- here is the VA Special Adaptive Housing Program info and the application: http://www.vba.va.gov/ro/manchester/lgymai...ptedhousing.htm

The Screaming Eagles are all over the web- I have lots of sites- http://bgmarrs2.tripod.com/id33.html He was 1-501 Charlie-101st Airborne- There is Charlie Company and Charlie Battery Will check with a 101st friend I have as to the After Action reports- but he should also check out After Action Reports Army COAARS and Unit Histories NARA National Archives and Records Administration Attention: NWCTM- Modern Military Records 8601 Adelphi Road Cllege Park, Md. 20740-6001 1-866-272-6272 Morning Reports are found at NPRC NAtional Personnel Records Center NPRC 9700 Page Avenue St. Louis ,Mo 63132-5100 Also web site is available for NARA. http://www.archives.gov/

Moe- go to www.va.gov/ and click on the Comp icon or link- then go to the Query page- I think you would get more info this way if you send them a query-it goes through VBA first then to your VARO- can be answered in hours or in a day or two. One of my vets- won at BVA -took him 12 years- He had to put some heat on them for the retro- I had a director's phone number-I dealt with them before myself- He got his money pretty fast then. Another one of my vets - over 12 years there too- he won at BVA but then the VARO declared him incompetent. It took them months to investigate the wife-to find out she wasn't nuts- It was over 6 months after the BVA decision before he got his comp- well she did in his name--- I have know him for 20 years and his mental illness could have caused him to spend a fortune in a week-very large check-the incompetency decision by VARO was correct and protected him and his family. They are glad the VA did that but had to wait again.

I HOPE so--- After Regional Counsel here had retired and given the VARO a complete medical report that agreed with my malpractice charges- the VA said they never got it- 7 years later this report I tried to get for 3 years-that they said NEVER existed- was at the bottom of my C file! The VARO had proof from Medical official of my charges within months after I filed my claims- but they hide it- and conveniently lost the autopsy 5-6 times. I filed an Administrative Review with VACO at the same time-on 2 claims because I was fed up at the RO's incompetence. Dont remember how I actually got to OGC in WAshington with this- maybe the VACO review did it because their lawyers handled that too.OGC is at VACO too. I feel you should send copies of the SF 95 to the OGC in Washington-certified or Priority with tracking slip- make sure they are aware of it all- add a cover letter stating that you believe the VARO sent them the SF 95 already but you are just anticipating that they didn't. Try to get a lawyer down there to talk to you on the phone. Then use that lawyer as your OGC-VARO contact. Look over the c file real good. There might be more in it then you think after filing these charges. Look for any Peer assessment Report or Incident Report. and get a copy- You might as well contact them now anyhow- If your FTCA succeeds ,they will be contacting you from Wash- most surely-you can get a feel from these attorneys-because you will have to PLAY "cat and mouse" as one VA attorney said we were doing-at one point. You will also have to be firm with them on the settlement. They are great people down there- very easy to talk to-very SMART. Tell Neal and Tim I said Hi if you want - Neal is very comical! Berta Office of General Counsel VA: NEWS HEADLINES VA News Releases "Shining Example" as Disabled Veterans Ski the Rockies At Annual Winter Sports Clinic in Colorado VA News Releases March 28, 2006 VA Secretary Praises Valor of Medal of Honor Recipients VA News Releases March 25, 2006 VA Launches IT Reorganization VA News Releases March 22, 2006 Welcome to the OGC Mission Statement: The mission of the Office of General Counsel (OGC) is to identify and meet the legal needs of the Department of Veterans Affairs (VA). Its primary objective is to ensure the just and faithful execution of the laws, regulations and policies that the Secretary has responsibility for administering, and by so doing enable the Department to accomplish its mission of service to our Nation's veterans. General Counsel: Tim McClain Deputy General Counsel: John (Jack) Thompson The General Counsel of the Department of Veterans Affairs issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA. The General Counsel's interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation, Court decision, or a superseding written legal opinion of the General Counsel. VA provides these opinions in order to give the public notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans' benefit claimants and their representatives in the prosecution of benefit claim. Tim S. McClain- General Counsel VA General Counsel can be contacted at (202) 273 - 6660

I am a vet's widow too- we are potential targets-I could write a book on that- Here is some advise I learned for widows of vets: Get on the National and State Do Not Call registry. Keep a camera near your front door and photograph anyone suspicious and their car too. If you use a debit card- never give the pin out to ANYONE and get bank balance insurance. Do NOT allow a stranger into your phone to use the phone, for a drink of water- anything- If a salesman approaches you outside on your land, keep them outside while they talk. Be VERY careful of anyone who says they are with your college or High School Reunion committee- these committees innocently network and if someone calls them and says they are former classmate of yours- the committees will often give out some info on you-to a complete stranger who could be a nut case or an extortionist. Do not Register a DD 214 with the County- no vet has too- this has caused scams to begin- there is a lot of info on a DD 214. Get a PO box for your mail-do not allow anyone to find out where your Christmas cards come from- etc. AND if any company somehow begins to scam you financially -contact your state Attorney General Immediately. If you are threatened in any way at all- take the time to call or go to the police and get a report made out and documented. There are actually people out there who will target a widow or anyone who lives alone.

The VA calls one of my claims the Bonny claim (re: Bonny V Principi) It is a legal issue and not a claims matter-but it regards retro benefits. I have waited for over three years for them up there at the RO to send it to the OGC-it cannot be decided at the RO. I got so disgusted when they mixed it up with something else last month- in their letter to me- that I sent it to General Counsel myself. why not- they have 5 other claims of mine they are farting around with-as the years go by - so why not---- well General Counsel just informed that my claim is within their jurisdiction. Duh- the VARO should have realized that years ago-it is not RO jurisdiction OGC will either render a denial or a Precedential opinion and that is what I want. Waiting three years and I have to do the VAROs work again- I am getting sick and tired of that- The Pres op -if it happens- would benefit all surviving spouses of 1151s prior to Bonny V Principi and not just me. I assure you all I will go toe to toe with VA Gen Counsel in Washington on this if I have to. That is how VA regs and laws can sometimes be changed.By taking a Firm stand. Berta

John- question- I have a friend who was employed at local VAMC for many years- maybe about 10 years. He was 40% SC due to leg injury and had 2 PHs (Nam)- one for the GSW to the leg- At the VA, while at work, his SC GSW leg got injured again and they retired him on some sort of FERS disability. He then got 100% plus SMC for SC disabilities a few years after that. He is difficult to talk to but a real good friend of mine-I mean his PTSD jumbles his mind up as he would say- I asked him to see of he was eligible for SSA- the VA job was only federal job he ever had- He claims that the FERS for the 10 year VA job wipes out any SSA he could get.But he was employed under SSA for years too I think (and has the miltary work credits) A bonafide -no problems whatsoever- SSA disabilty claim- but then again 5 years might have passed since he became unemployed. If not- is he possibly eligible for FERS and also SSA too? He worries about his wife if he dies due to his AO condition but she would need to know too if he was eligible for SSA. She quit a fed job to take care of him.But she has plenty of SSA credits on her own record.

I always ask for the VACOLS screen info and then what is on the COVERS screen- at the 800#- The COVERS gives physical present of your c file- well- that is if you are lucky enough to get a vet rep at VA who understands their PC programs- I suggest to send them a Query through the VA web site-www.va.gov/ It will be answered -often within hours- by your VARO- You could ask them what you mentioned here and their response, if you print it out- is proof of acknowledgement of what you sent and maybe more info on what is being done with your claim. "My question is are they required to acknowledge by mail this or any new info and if so what is a reasonable time frame" They may or may not acknowledge by mail- if there are regs on this- they really dont care- The VA has nothing even close to defining a reasonable time frame. My VARO -with excellent evidence on any claim- will choose to award in 3 months or 3 years. If they had past history with you- depending on those results- they often remember you well and I feel that this factor too can determine how fast or how long your claim will take. PS- were the SMRs critical to your initial claim? if they tried to pull something on you- like CUE or question your main SC disability- you would need those SMRs. They probably have them but put them into another vets c file.

He probaby would not have any problems getting TDIU-if he becomes unemployed eventually- The inhouse- PTSD Program- that could help him a lot and most likely he would be given the temp 100% for one month-it never took too long -years ago -for them to award the 100% Temp check- depends on your VARO- Also this generates more evidence of PTSD at a higher rating level. I know vets who got leave of absence from their job for the PTSD program-3 worked for the VA-can he get a leave? Otherwise he could go into the VAMC program, come out, and then get fired.???

Jay- yes-yes you are right and I am wrong- I thought these were in the same recent decision- you are right! maybe listed with the percentage but -as you say- this decision was only specific to some issues- sorry bout that---I LOVE the advise you gave at the end!

David- a lot of Nam vets have jungle rot- my husband unfortunately (I tell you people everything dont I?) he had jungle Crotch rot- It is called tinea curiae and is a fungus that some of you guys got when you were in trenches filled with monsoon water in Nam and you were always in sweaty utilities or BDUs. It is just like athletes foot-the meds for Atheletes foot can be very affective.Not great with crotch rot but the VA told him to use the same stuff for his crotch. He got in trouble at VA on the job because they found out when he had heart attack that he didnt wear underwear- because of this problem. His boss made a fuss and Rod asked for the VA law that said he had to wear underwear while employed at the VA (he was a real pisser just like me) well the boss showed him some reg. Rod said OK -I will comply- and buy a pair of underwear and wear them to work , however the VA law does not say I ever have to change them. Then he put crotch rot into his claim. I know a vet who soaks his feet in clorox to get rid of this- Or this vet could have a skin condition due to diabetes from Nam.(AO) Diabetics can get many skin conditions and they should claim them as secondary to AO DMII. He needs a good diagnosis-I dont see how the VA could turn him away- Give him a print out of this- it could help his doctor diagnose him- I dont think it is chloracne. I dont know of a single Nam vet who ever got comp for that.

my reply vanished -so did your question- I must have hit the wrong key- in my profile message thing- Yes- as long as THEY (VA etc) asked for the extension-copy what you signed and agreed to -to protect yur claim-and save it. That is very important to do- Yes-the 6 months thing still OK and Yes - this does sound like a very good sign. If these questions are asked in the forum , others will learn about these issues- but I certainly DO understand if you dont want to put this info in the forum.