Blessedmom

Thank you. That is funny....

Thank you. I need to sit down and really examine what I need from the social worker. I can have my son or my friend come with me. Its hard sometimes to remember what I need because it is my memory etc..that I am having trouble with. Ive been in bed for the last few days in pain. I went to a doctor recently just to get evaluated on my neuropysch and all he could say that I am too young. Im 47. So I know I was going to get much from him because he just wanted to tell me how young I was although I scored low on my testing and he was civilian. I looked more at the smcs and put in. My son and friend has been helping me and I have been paying my friend so I need the additional funds so I pay her (on time) I am also trying to see if migraines are causing whats called (white matter on my brain)which is effecting my memory. Different people say different things. But if I can prove that, is there any higher smc I can get? Thank you all again

Okay. Thank you both again. I understand. He agreed also to get my civilian doctor to fill out the form for me and make he sure everything out completely. I was also advised by someone to go see a Social Worker, but in past experiences they were not much help. I don't know which one I would quailfy for, but I know I just have to send it in and see. The VSO was saying probably L since I am needing some personal assistance. As I mentioned before, all my issues are dealing with my mental capacity(brain) as far as cognitive etc..It is also well document too Thanks you all

Thank you both. I just came from my VSO and he gave me some wrong details. He said that SMC-L would be addition to your regular disability payment. I need to go and do more research and have my doctor fill out the paperwork. Thank you

Thank you both. I did watch one of the videos from the law firm suggested and I will look at the rest. If you have guys have a hard time understanding, I know it will be very hard for me. They really make it hard to receive help. If I have my civilian doctor fill out the form, 21-2680 will that help. He's been helping me try to get help. He said I could've burnt the house.

Okay. I understand now. Thank you

Hi Thank you for your response. Let me just make sure I understand correctly. I already have aid and attendance which is a type of SMC. Is that correct? In order for me to receive a higher rating for smc, I have to have TDIU (which I have) plus additional ratings of 60% or more. Can you please explain further? I have TDIU, 70% chronic adjustment disorder and 10% IBS? Do I meet the guidelines? Thank you

Hi Everyone, I'm not sure if I posted in right place or not, but I have a question and need guidance. I was rated 50% migraines for about roughly 20 years. I have 70% (I think adjustment disorder) 90% TDIU P and T unemployability. I was recently diagnosed with seziures about 3 years ago and I have complex migraines that act like seziures along with PTSD. My brain is a little messed up. I have aid and attendance that is about an extra 100 something a month. I have been fighting for VA Caregivers Program. That is still in the works again. I have executive order disfuctioning including loss of memory, comprehension etc...everything that comes along with that. There is a safety issue where when I am cooking I forget things on the stove while I am cooking (my doctors have it documented) have to have someone with me at all times. I also am not allowed to drive. I am trying to get SMC. I have read the requirements, but I am not quite understanding. Can you please break it down for me? or should I go for more aid and attendance. Thank you for your guidance

Good afternoon, I hope you are not receiving this twice. I hit send, but I don't know what happened. I need help/advice. I am at the max of 50% for migraines and 70% for depression etc.. I have been service connected with migraines for a while. I have been service connected for depression for about 2 or 3 years. I have a total of 90%. My question is my migraines have become extremely worse. I was just diagnosed by the VA doctor with complex migraines (stroke like symptoms). We have been through a lot of medication with no success. My doctor said I have one more medication to try and then there is nothing else. I have been to the ER quite a few times for my migraines. My psychologist told me to put in for TDIU, but I am not sure if I should do the TDIU way or ask for an extraschedular consideration for my migraines since I am at the max. I have looked at the decision appeals boards and someone actually put in for both extraschedular and TDIU, but the case was remanded. I just need someone to point me in what direction should I go. Oh, I forgot to mentioned that I have not worked in over 5 years, but I read on the board(I think) that I am still to file the TDIU form and just put that I have not worked in the past 5 years) Thank you for you help in advance

Hi Everyone Thank you very much for your responses and help. Carlie, as far as your questions, some I am not sure of. I have to go back and look at my records, but as I glanced over it, she just states chronic pain. For example, "symptons of mild depression related to her chronic pain and impact of husbands death 4 years and raising 4 children. I did not see where she said chronic pain linked to migraines. Only chronic health problem that I have service connected is migraines. Blood pressure is not service connected. I did not get high blood pressure until years later. Blood pressure does go up when I have a migraine, because of pain, but I do not think I will be able to prove that. I had 1 problem in service with anemia, but when I was tested in service..it was noted that I was within normal limits. I would assume the only chronic pain would be the migraines....but I guess it is not clearly written...... Thanks again

Hi Everyone, First, I would like to thank you advance for all your advice and help. I have received advice for my DIC claim before and won a few years back with the help of hadit. I need help again. Now, I am trying to apply for increase in my migraines and secondary condition as mood disorder. I have the highest rating for migraines 50%. I have been 50% since, I think, 2004. My migraines are worst. They are still trying different meds and now I have to give my self injections for pain. My VA psychologist have diagnosed me with mood disorder (which I did not know I had.) She told me it is from the migraines and chronic pain and other things, but that was the primary reason. I do not know about TDIU for I am a stay at home mom...I do not work outside the home, but my migraines does interfere with my responsibilities as it is noted in my records also. Please help. Axis 1 depression Axis 2- done Axis 3 current medical problems Axis 4- loss of husband, chronic health GAF =65 My other health problems are high blood pressure, anxiety, migraines, anemia. I believed from reading through the website, I should use VA form 21-4138 and VA form 21-526b. Since I am at the highest form for migraines, what evidence do I need to get a scheduler rating (if I am using the right term).. I have visits to ER and my VA primary care doctor for treatment. Also how far should I go back with my VA notes, most are positive, but some are questionable meaning what I told them and what they perceived. I have notes as far back as 2005. I would assume I would only concentrate on the ones that are in favor of me. Any advice is greatly appreciated. Thanks again for your help

Thanks everyone.

Hi Everyone First I would like to thank everyone for their help. I am so excited for myself and my children. I have won my dic claim. I truly could not have done it without your advice and encouragement. You helped walk me through the process. Berta: thanks for telling me not to get another IMO......so many weeks after you told me not to get another one...decision was made. The official letter was mailed June 24, but I still have not received it; therefore they faxed me a copy of it. Hopefully, I receive the official soon. I pray everyone receive a decision on their claim soon. I know how stressful it can be. Thanks again Hadit......

Thanks Berta. I understand. I was panicking since it was sent back to the development stage; therefore I was trying to send them more information although they did not ask for anything. I will just wait for my decision and take it from there. Thanks again

Good Morning Thanks Berta and Chuck. You help to ease my mind. I thought about sending it for another IMO, but I wanted to make sure first. Please help me to understand. I guess in my mind I was thinking that I may not be able to use the amoxicillian because the military gave it to him because of a common cold not because of an injury that the military did to him ...does that make sense.....So basically I can use any medication that was given in the miltary for claim if I feel it resulted in injury. Is that correct? Thanks for your help

Good Evening I was on the board many months ago asking for help with a DIC claim and I am needing advice again. My husband died at 33 years old of a blood clotting disorder (antiphospholipid syndrome--hypercoaguable state) which I had a doctor review and he linked it to a medicine he took in the military for latent TB called isoniazed and wrote an IME/IMO for me. My case made it to the rating board, but was sent back for further development. My question is amoxicillian can also cause this condition (antiphospholipid syndrome). He took amoxicillian in the military for a common virus/or cold (I think), but he only took it for 2 days because he had an allergic reaction to it. Do you think I should or is it possible to link the amoxicillian to the antiphospholipid syndrome because he only took it for 2 days and because it was given only because of a common virus--which the military would not have caused a common virus/cold. If that makes sense......I have found info on emedicine, medicineNet, Mayo clinic and Merck linking antiphospholipid snydrome and amoxicillian. Also his antiphospholipid syndrome is an acquired disorder not inherited (this is per the VA hematology doctor)--. There is nothing else in his medical records that I could find to link the disease. Also in September/October he was diagnosed with Chronic Kidney Disease stage 2, but the Va doctors said he was probably because of high blood pressure, but he did not have high blood pressure--I know they did not investigate further but he never had high blood pressure. Thanks for your help

Hi Berta Thank you for the info. You are wealth of knowledge. I have not yet spoken to my lawyers. I will speak to them on the matter of the 1151 claim and what I should do. I know you had advised me on a previous post about the 1151, but I guess I was trying not to overload the VA with claims. I have two other claims with my particular disability --adding my son to it and taking my husband off. Nevertheless, I will consult my attorneys. Please give me your advise on how to proceed with this. ---It was found in my husband's medical records that my husband died of a blood clotting disorder as I previously stated in another post. which according to studies and the independent doctor, he had been having for years. Before that discovery, I knew something was wrong when I started going through my husbands records and trying to piece everything together. So basically, I hired my own radiologist and got a second opinion and found out that they misread the x-rays. I have two written statements by two different doctors stating that there was a blood clot present on the x-ray. This blood clot was not treated by the doctors. They did not know it was there. Their radiologist (VA) misread the x-ray. I sent them the same x-rays that the VA doctors look at. So basically is this just one big claim for 1151-blood clots and x-rays. Does that make sense? Please help me to understand. I know you said you can not sue twice. Thanks so much

Hi Carlie Thanks for the added info. Oh, I just saw what SOL state for --statue of limitations.' Thanks again

Oh, by the way, what is SOL. Thanks

Hi Berta and Carlie Thank you so much for your reply. I really have no idea what is going on with the case of my husband. The funny thing is I have 2 sets of lawyers. This particular firm my in laws had contacted does not handled FTCA cases. (I was unaware of this until later--(long story). Anyway, the lawyer over there have been very nice and helpful to me. He decided to research and call around for a good lawyer/law firm for me. Everyone pointed in the direction of this particular law firm which handles FTCA cases and was good. They decided they was going to look into the case. They found a doctor who would testify in court that they believe it was malpractice. This doctor told them they needed to find another doctor also. So basically it would be 2 doctors testifying and not one. They was on the seach for the second doctor. The second doctor said that he did not believe it was malpractice. The law firm did not give up and decided to look again for another doctor. They did find one. So basically there are 2 doctors whom will testify that they believe it was malpractice. This took about a 10-11 months. Now I have signed the contract and waiting for them to sign. It has been about 6 weeks now. It is just a little frustrating because it does not seem like it is moving. To answer your question Berta, (sorry, I wanted to give you the meat of it first), they do have all the records and x rays. I got all of them myself from the VA and forwarded to the lawyers. I feel I am stuck. So basically, my lawyer is signed on as a co-consuel with the other firm. I hope that make sense. I do not know what to do except wait. Thanks

Good Afternoon I have just a quick question about FTCA statue of limitations. I have read two different things concerning the statue of limitations. 1. The statue of limitations is 2 years. Does this two year include actually sueing the government after they have, for example, denied or did not respond to the SF 95? Somewhere I read it did. But my understanding from all the other readings is this --if an act occurred on June 2009 then you have until June 2011 to sumbit an administrative claim SF 95. Please let me know if I am right or wrong. I tried finding the actually law written on it, but could not find it mentioning the 2 year frame. I am still wanting for my lawyer to submit paperwork. My husband passed in June 2009. Do I have until June 2011 to submit the SF 95? Then the government has 6 months after that to respond. Thanks so much

Hi Berta Yes, I do. I have already mailed it off. This doctor I had asked about 3-4 months ago to write a letter. This was before everything with the IMO. I just got the letter today so I was going to mail it off, but he only focused on the kidneys and the other doctor focused on the blood clots. So I have one IMO for the blood clotting and then I have a letter from the VA doctor who focuses on the kidney disease. Not too much detail was given. This is what he wrote. "At autopsy there was evidence of renal failure. There is evidence of an elevated creatinine of 1.5 on April 29, 2009. Also in 2005, approximately eight months after his discharge from the military he has a documented elevated creatinine of 1.4. I have reviewed the medical of ______________ ___________. In my opinion, a presumption of the development of his renal disease prior ot his discharge can be made from the proximity to discharge and his abnormal creatinine levels. It would be more like than not etc.... The disease itself was not documented until a year before he passed. Per the death certificate, pulmonary embolism, hypercoaguable state and ischemic bowel--basically blood clots. I don't think it confform to the guidelines. What do you think I should do? My first IMO is much stronger Thanks Thanks

Hi Everyone I have a quick question. I just received a letter from a VA doctor where my husband was seen when he was alive. He states "it would be more likely than not that his renal disease is service connected." The question is it is listed on his discharge summary from the hospital (when he passed) chronic kidney disease., but it is not listed on the death certificate, but it is also listed on the autopsy --infarct of kidneys. So can it be said that he died from kidney failure also....can it be linked to the renal disease from service. Could it be a contributing cause of his death? Does that make sense? Sorry if it does not. Thanks so much for your help

Hi Sorry for the late reply. He did a DIC claim for me on my late husband. He discovered my husband had this blood condition which no one ever diagnosed and he had to link it to a medication which was taken in the military. I think his fee is reasonable. He charges a total of $1500. He requires $750.00 for the first payment for him to start the initial process. You can mail records to him. He keeps you inform throughout the process. The last $750.00 is on completion. I hope this helps. Thanks

Hi Everyone I just wanted to mention this great doctor. His name is Dr. Jerry Bush. He and his wife is a team and a great team. They are fast and reliable and really keeps you informed in the process. I just finish an IME with them for DIC. I am very please with their service. I don't know anything about my claim as I just mailed it off, but I know he really worked hard on it and I was very please. I know it is hard finding independent medical doctors so I just wanted to mention him just in case anyone is interested. His website is www.jerrybushmd.com.