Tammy

Hi, I just wanted to let you kow we do hafe have an attorny for SSD cases and it will go to district court and he said he thought he has a good chance.

Can you tell me if my husband has all these disablities, what would be your guess at him getting SSD? He was denied the first time, denied on the reconderation, and denied on an appeal and now he is taking it to I believe District Court I don't believe its federal. Anyway 3 of the disablties he had were not yet diagnosied when he did the last appeal, the one for bilateral hearing loss, Chronic adjustment sydrome, and also an encrease in the loss of more urine control. But prior to that this is what he had when he filed the first time but now the last 3 i mention were not on there. So, I hope they will be taken into consideration since it was new diagnosis. He had during the frist hearings Disc sydrome 40% bladder condtion 20% but was increased last month to 40% chronic adjumstment sysdrome 30% which is also new and wasn't on the first papers arthritis fo the spine 10% IBS10% torn urether 0% PTIU and a special compensation for loss of use of his penis If someone could please give me a ideas if the last three diagonsis will help alot when we go to Federal district court oh is also was recently diagonosied with bilateral heearing loss. So please if anyone can tell me what that chances with the mental disorder and the bialteral hearing loss will hold alot more wt now when we go to court. Thank you so much for all who respond. Tammy

Hi and thank you for your guy words. My Sond did graduate and he had Family day on Thurdsay the 19 and he Graduated and 10 am on Friday. Than he was shipped to Abeerdeen Proving Ground in Maryland. I called him and he is a little disappointed because he doesn't get to start classes until the other guys come in because they picked so many and than they had to wait for antoher group to come in to start up again. So, he said it was worse than Basic and very boring. I told him to keep his chin up. Things will get better. But yes he did graduate this month. I appreciate you taking the time to let me know that you would of look for him if he hadn't of graduated...that sure is very sweet. I was real tickled to hear you say that. Tammy

Carlie, Thank you so much for that website and yes I was on here about a year ago and my husband got caught in between two 5 ton trucks and sqeezed up pretty badly. I am am just so upset over how to get the information for eveything and how to work this site. I did just recently got a new s/c disablity at 30% and and increase from 20% to 40% on his kidney the 30% was mental for chronic adjustment disorder. Thank you for your constructive critism in one of your post regarding my clarity...I will be writing a letter soon when I get the letter completed. Right now I am dealing with the Social Security and they denied my husband. This week we had to put our dog down after being a family member for nearly 17 yrs, he was a Malamute/German Shephard but he was a inside dog so he got to spend the cold days inside and the hot days in aircondioned house, but boy we miss him. We we just so blessed to have him that long but we knew it was time for him to go. although I just can't stop from thinking about him. anyway I will write more later. Thank you Tammy

Dear Peter, I hope I didn't sound like I was out there fishy for money so I could attend my son's graduation. That would be the last thing I would do on this website, we are all here trying to help people get money that is owned to them for all they did while serving our Country. The last thing I would want anyone to think was that I was pan handling. I am not concerned about the amount of money you get...and I hope you wouln't take my inventory and how much we recieve....You have no idea what my finiances are as I have no need to know yours. So, please if you had planned on doing something from the kindness of your heart thats one thing but to make me feel so bad because I didn't attend because my husband you assumed is paid at 100% shouldn't of been in the equation, or in your statement. I am sorry if I misunderstood you statement but when I read it over and over the hmmmmmmmmmmmmmmmm really got to me. I really am a very kind person but sometimes things hurt my feelings and that just happen to be one of them. I am very proud of my Son regardless. Thank you

Thank you all for all your advice and the kind words of encoragement, and I will be more careful and slow down and be have more clarity with my responces or rather questions, like one of the gentleman stated this can make a person crazy and seriously I think it does...LOL Believe me I am educated but when it comes to the VA it seems like I turn into a crazy person. Its so disappointing because I have been working on and off with this claim since 79 and my mind is running 100mph and my tying at 1 letter a minute and it is hard to get out what I want to say because typically its after I have recieved a letter from the VA. REgarding some of the questions, or children are 27 and 20 and as a matter of fact my Son will be graduating on the 20th of April out of BASIC and he is graduating with honors we are so proud of him, he made all the discissions on his own to joing the service and if we had the money I would love to go to Fort Knox, KY to see him graduate I know that would mean the world to him. But, I said all that to let you all know that I am going to be writing a very detailed letter explaining exactly what is happening with us. Like I stated we filed an EED and also a CUE for his back that was broke in 79 and they would not give him anything for his back until 2003 which was 40% when he did leave the service he filed right away and they did give him 10% for a torn ureter and nothing for his back or any other problems, than in 2000 they did another candp exam and they gave him 0 percent s/cd on the urether and gave him 10% on the back so we did gain income but they did recongnize his back. But, I will write the letter alot better when I can expain things. When he did get 40% 2003 and several other s/cd disabitis including loss of the use of an organ his pensis and he got the Permant unemployablity the letter I wrote back after getting the 100% money rate with a disagreement on the effectived date on his back not nothing else but they threw everything into a earlier effective date...so now with the CUE that hasn't came back yet which will any day now. The VA states he never filed for his back within a year and he did and we have no proof it looks like they said he just filed a claim on his ureter and that don't make sense. Anyone who has had a broken back knows what a person goes thru and they had him back doing PT after 2 week convelesant and he was compaining than and its noted in the entrance and exit exam that there was several things wrong with him after he was discharged. You know all the x rays reveal broken or rater fractured and that is how it is stated on the report but the VA never states it that way although the Doctors notes do. I find that odd. I am going to try real hard to get a hold of the police dpartment to get the accident report in Germany and someone ask if he was in a civilain hospital and that is correct. Also this hasn't been sitting around I have always been active on this but there was a time span I let it slide for a couple of years because I didn't know the regualtions like I do now. The biggest or rather greatest fear I have is that they will take the away our income and we have just started to get on our feet But there is a statement that has been made twice in the statement of case letter I got a couple of weeks when they were denied the earlier effective dates on his injuries which I believe he has 6 injuries which are service connected, but in the letter in states "Consideration has been given tot he exta schedular provions of 38 CFR 3.32(:D(1)This case does not present such an exceptional or unusual disability picture to warrant referral to the Director, Compensation and Pension Service, because the evidence does not show a marked interference with employment or frequent periods of hospitalizations due to service connected condition as to render impratical the application of the regualr schedular standards. The evidence doesn to demonstrates that you have unfavorable ankylosis of the entire throracomlumbar spine which would not be idicative of a higher 50 percent evaluation. The evidence demonstrates that your lumbar spine remains consistent with a 40 percent evaluation based on the rage of motion. What does that mean and is it bad I mean who is the Director, Compensation and pension Sevice? I Better stop and than I will do up my letter. Again thank you so much for all the answers and I am going to the websites the one with the infintry site he wrote and stated he could not help find anyone in my husband platton or anyone that might of been over there the same time he was, but I tried. Bye everyone and have a good day today.

I know my situations sounds mixed up and i am sorry i can't get my points accross but this week i plan to to have a complete history of what and when I got this disabities and all the things I need to look at all my paper work so my questions aren't all messed up. I know im pemant and totally disabled i get chapter 35 but now the kids are grown,that saved money on the tax payers. Thanks again for everyting. I do read everything that is posted, i do aplogize but some of tthe questions are difficult to explain. Tammy

I just need to learn all the things on this and learn the lingo and yes i do take all the advice I am so grateful for all the questions that are answered and that help mme I just don't know how to answer all the questions, I'm confused and a new be, sorry if i insulted anyone of you because i do read everything I recieved and us the advice. Thank you so much

I was the one to request an eaelier effective date and I did a cue also i got the statement of case on the increase in disablities and eaelier effective date but not the Cue regarding my back. I hope that turns into good news but i don't have the police report of the accident that happened to me in 1979 and i don't know how to get them in germany or if they still have them. I don't rememeher the guys name that was pinned with me. Thank you for your comment.

I am so sorry that i can't answer the questions because i don't how to post or where to post? I do appreicate everyone helpin me though. I am tryint to figure out the system. I don't know if TDUI is the same as permant disabilty because my husband get chatpter 35 benifits and house taxes paid are the words the same. that is another problem I have its hard to get my point accrossed. I don't know much of the lingo. I am so sorry because i do read everyones reply but don't know or where to answer the questions. I hopw I am doing that now. thank you so much

What is Smrs and could you tell me how to get there? Thank you

I have been getting service connected disablity and TDUI starting date for the that was Sept 03 but I appeal for a earlier effectived date right away so they sent me for another Cp exam and I hope I didn't piss them off and now I won't get nothing and get it taken away. i got a letter with the form 9 to file but I am afraid if I do they might take everything from me. I have been out of the Army since 80 and left with a service connction of a torn urether and now after all that time working to get 100 percent pay, they still denie my back was broke while in Service. Although the paper work now does say it is service contected and 40% on my back and about 5 other things. So, was is anyones thought about continuing...I don't know how to get the police records of the accident and I am hoping I can find the other man that was pinned in there with myself and if he got anything from the accident and what he thinks I should do or if he has the police report. I am afraid to fill the form out because i have no proof except for the hospital report while I was in service. Please let me know if I should just let it go before I end up with lsoing everything I have now. Thank you for any advice

Please contact Me my name is William Brinegar and I am desperatly searching for anyone that has been in the Army 2/42 F.A. located at McKee Barricks. In the town of Crailshiem West Germany. I was in a accident and I need to talk to anyone that was in the Army at that time so I can get some information reagariding getting the police report of the accident. Or if anyone knows how to speak Germany that might be able to help me get my file, there is nothing that I can find regarding the police report. The other man that was with me was also pinned in between the two 5 ton missle lauchers and I don't know his name and if someone could give me an idea of how to go about getting this information I would appreciate so much. My email in honey4bears@frontiernet.net or leave me a messae on here. I can't get the police report from anywhere and don't know where to begin. I also need to know if there is a place I can go to find out the name of the people there at that time so that Imight be able to contact them, just in case they don't come to this site. If thee away to find out who was in the 2/42 F.A. during that time period is there a place i can go to get that type of information. I was in a terrible accident or my husband was while in service and there was another man with me and I can not remember is name. The records of the accident don't show any officers information and the VA wants me to get the info and I dont' know how to speak German and the phone bill would be awful but who do i call if I did. Thank you all for your time in reading this.

Hi everyone. If we decided to do an appeal on a earlier effective date, and Cue, because the VA as never admitted to my husbands back ever being broken while in the service. Now in 03 they did say he was able to get paid at like 100% but because I was we were still angrey because he broke his back in 1979 and they still don't want to be held responsible. My question is the letter that was sent is so confusing and I would love to fax or to have someone read it. That way I would know what I should do....I have an appeal 9 and I really don't want to file that because I am afraid that would piss them off more and we won't get nothing. To tell the truth we can't give this up. Can we just not send back the file 9 and if we don't what will happen? It says on the frount of the stack of like 35 papers what is states on the front is Dear Mr. .... you have filed a a notice of disagreement with our action, This is the first step in appealing to the Board of Veterans Appeals..Now this is the notice of disagreement i had made for my husand on the earlier effective date and increase in some parts of his problems which I felt should of been raised higher I did this because he has been ill sense 1979 and they are just giveing this to him in the last 2 yrs so i filed this right away with his permission. it states the file has to be completed with in 60 days to continue to appeal...now if I decide or write on there we don't want to take this any farther we arre happy with the amount we get will they drop it and keep giving us what we were getting before I filed this. I mean will it just stay the same. I feel like we are getting punched you know for second guessing them.. I does say in bold letter that "If we do not hear from you withing this period , we will close your case. But waht about the other things that they put in there, because during the first part of the appeal they made my husabnad go get a c and p exam and we don't know why and those people changes some of the issuues but will that matter if he all ready was approved and has been since 2 yrs ago, will they just forget that entitlement and go to this one if the doctors changed a few things on thier notes in the favor of the goverment and not the vet. I don't know of any 10 Docs that ever give the same diagonosis it just depends and now I feel that thier going to base some of my exam with what the new Doc said and I think that is wrong. so will this appeal just close up and die, if we don't push it any further? Please someone let me know Tammy and questions you mitht want to ask please do so. thanks it would help me.

I think I did a bad thing My husband got Total unemplyoablity after years of trying and he also got another payment for a penis deformity because he was squeesed betweent tow 5 ton trucks. I have wrote on here several times so if you want to see the postings you will underdstand this post better. Anyway, I made a claim for a Eearlier effective date and everythig was denied and now they stated or seems by what I read was they will be taking away his unemployablity. All I tried to do was exdplain to them was that he broke his back in 79 and we wanted a earlier effective date because they only went back to 2003. I am so confused. Why did they give my husband a C&P exam when that is not what we wanted. Now the lady that did the exam contriticed everything in the file that made him 100% Permant and total disabled. Please someone help us, what are we gonna do. I was trying to help and I messed everything up I think. He was getting 2699.00 and the letter i got today was denied for earlier effectived date. Do they punish a person if we second guess them or what did i do wrong? What does it mean when it states "This does not present such an exceptional or unusual disability picture to warrant refererral to the Director, Compensation and Pension Service, because the evidence does not show a marked interference with employment or frequent persods of hospitializations due to the service connected condition as to render impracticial the pplication of the regular schedular stardards" some of the parts of the anamatomy stated that, and about the employment that states something difrrent like they are gonna check it out. Why are they gonna to listen to some lady that gave him a cand p exam and we had no idea that was what it was for? I think I ruined our whole lives. Please someone talk to me and tell me what I can do it states I can appeal it. Are they gonna take away the money that we just started getting maybe 2 yrs ago? Just because I appealed for him reagard his broken back. I wasn't asking for anything else. Why is this happening. Thank you everyone for the anwers if you know... they told me if I appealed they wouldn't take away his money. Its VA form 9 apeal i have to fill out for him. Please tell me how he can get this and than have it taken away because we asked for a earlier effective date but not the way they did it, we just were talking about one thing. Tammy :D :( :(

You know they don't have any doubt that his back was broke at all, they are disbuting his IBS, and because he was able to work for the rail road, for a while. So, why does this matter? I mean the thing is William has never had a workers comp an accident or anything no law suits, no damages to his back. He was good going into the service and a mess coming out. Besides isn't the ruling for social security disablilty diffrent than difinitaion than the VA's definition? Thank you.

I don't understand why does VA even cosider the reason for the Social sercity office disission. I mean if my husaband get 60% s/c disabilties and PT unemployabilty and now we called to find the results of the 1151 and they stated the only reason that its being held up is because of the documents from Social security which to let you know was denied and is in a ppeal also. why does socail sercity not use the VA evaluaton but yet the VA is interested in why they denied his Socail security it states that VA and SS is two diffrent definitions of disabilities. Is there anything I can do and also please help me understand why this is fair. Social sercurity doesn't care if my husband gets VA and doesn't help him to get Socail Security and its diffrent with the VA they want to know why he didn't get social sercurity. This just makes me so angry. What are they going to reveal? they are both two diffrent enities. Help me! Tammy MT

yes we do have the discharge paper and he did file in 1979 and the responce was a 10% FOR A torn urether but it wasn't or nothing was given to him for his back it wasn't because we werent appealing it. It was in 2000 that they took the 10% away from the urether and put it on his back. Than we appealed again and in 2004 they gave him 40% with 20% on back deformity and 10% arthirtis in spine, and 10% urether all sevice conneted and than in 2003 he got 40% back, 20% arthritis back, 10% penis dysfuction, IBS, and UI it all comes up to 60% and with the deormtiy and loss of use of penis was all done in 2003. Than we filed for the nod. and 1151 and they just dont' want to use the word fracture they call it a deformity of the spine, evne though the Doctors call it a fracture. But the Cand P exams says it all more likely than not due to the accident. Why won't they just accent the truth that his back was broke. I can't find the letter that was sent out regarding that if a vet signed a complaint on an injury within 1 yr they can go back to that date. If anyone know where i can find that letter I would be so happy. I just am so tired of trying to get them to admit the truth. Thank you Tammy

yes it was due to the accident everthing he has is all stated sercvice connected.

My husband was in the service and was smashed in between to missle launchers and he broke his back but the records of his x rays in Germany were never found but they did issue him in 2004 deformity of a L2, torn urether, loss of the use of his penis, and IBS due to adhesions it all totaled up to 60% and the rest was for unemployablity. My question is he filed a claim the day he was discharged from the service March 1979 and he didn't get anything until 2004. Now we file a NOD, 1151, and a CUE because his back was broke but they keep stating it was a deformity but yet now that VA Doctor did admit it was more likely than now his back was fractured in the accident while serving in the Army. My question is...Will there be a chance he could get everything taking from him by doing what we did. Its in the appeal process already and it has been since 05 and they are fixing to make a discission. We have never be sucessful at retriving the accident report nor the records of his xrays from the German hospital. So, should we be nervous that they could possible take him off all his disablity including unemployablity. Is there a diffrence from Permant unemployablity or does it all read that. Its just that his back was broke in 1979 and they said it wasn't. Can someone lead me in the right direction I have a letter I am fixing to send to them but I would like someone to proof read it. So I know if I should send it out or not. Thank you Tammy in MT