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  1. Dear Veterans, I need assistance in determining whether my adult child is entitled to any VA disability benefits. Although she was never in the service, she has developed many of the psychological issues that I suffer from because of my neuro-behavioral condition after exposure to the contaminated water at Camp Lejeune. She has never been to Lejeune either by the way. I have been awarded permanent and total unemployability from the VA because of my condition. It stands to reason that if my offspring was affected by that same condition through me that they should be entitled to some benefits. If this doesn’t seem too outlandish, where should I begin? Thanks in advance for your assistance in this matter.
  2. Any advice will be appreciated. Here is what I have: 70% PTSD with panic attacks 50% sleep apena 30% IBS 30% migraine including migraine variants (also claimed as headaches), residuals of traumatic brain injury. ( the professional thing re: a migraine rating is that.....going into the BVA process, i did not have a migraine rating. I did have a 10% TBI rating. The law judge found the migraine diagnosis in my reccords, ordered another TBI eval, and once the eval was done, my 10% TBI was changed to 30% migraine. I need to get to 100% P & T. The route i want to take is get my 30% migraine up to a 50% migraine. I know the elements that need to be proven, at least i think i do, re: proving economic hardships ( migraines affecting employment, etc.), but i am looking for specific advice/ help here. - I have a co- works statement ( non military). - my attorney is saying he wants a migraine log.? any other pointers please?
  3. On March 12, 2018 my husband was admitted to the Veteran Affairs Medical Center of Memphis, Tennessee for a prescheduled three-day admission. Subsequently, he tragically died on March 22, 2018 at 10:14am due a mind-boggling amount errors and failures of the providers of VAMC of Memphis. I am alleging that the VAMC of Memphis, Tennessee and the medical providers failed in their duty of care to my husband by their: failure to monitor and administer Vancomycin properly and safely, failed to recognize and correct Vancomycin toxicity which lead to Acute Renal Failure, failure to recognize and treat the Acute Renal Failure leading to fluid overload, failure to treat new onset Congestive Heart Failure caused by fluid overload , then failure to assess or render treatment respiratory distress. In addition, failure to have the proper equipment available to provide airway management, inappropriate administration of anesthesia by resident(far out of scope of practice), failure to intubate in a timely manner causing hypoxia leading to cardiac arrest. As well as, failure to follow the Advanced Cardiovascular Life Support (ACLS) guidelines for Cardiopulmonary Resuscitation on my husband. About three months after his death, I called VAMC of Memphis and asked to speak to his admitting physician/spinal cord attending doctor. I was transferred to her voicemail. I left a message. About a week later, I received a call from a lady identifying herself as the Chief Director of the Spinal Cord Center. She informed me that the hospital was conducting an internal investigation about all the events that occurred surrounding my husbands death. She stated that the admitting physician could not talk to me until this investigation was over. At the end of the call I ask her if I would be privy to the investigations findings. She told me no because it was peer review and they did not have to disclose it to me (which I already knew but thought I would just ask). I myself am a nurse. For me as a nurse, I could not believe the things I read in the medical record. I spent many months piecing the puzzle of the events, in which my husband endured, back together. The medical records were sent to me is true disarray. It was as though they hit the shuffle button then sent them. Once I got them in chronological order I began going through it highlighting all import facts as well as all standards of care to research. While reviewing the records I discovered many, many documents in which I had not received despite requesting ALL medical records. Each time I discovered I was missing documents I requested them (for example the Blue Alert Record, EKG's, Anesthesia records, etc.). After a total of 11 months, some help from other nurses and physicians I know, I had 1300 pages or so of medical peer reviewed literature to support all of my findings. I then consulted an independent legal nurse. I have a complete legal nurse review/chronology of the medical record including supporting peer reviewed medical evidence for each finding and failure to provide the duty of care in the medical record. I then enlisted a group of friends and we meticulously read through all VHA policies I felt might have been violated. I created a report citing each VHA policy/directive violated and citing the medical record where the violation had taken place. My husband had no choice but to receive his medical care at the Veteran Affairs Medical Center of Memphis. I clearly remember his first admission. As it began an endless battle with them to provide him dignified, safe , appropriate care. Each time I had to allow VAMC to render care to my husband I feared he might not make it home. I feared they might literally kill him. I have spent many drives home crying for this reason alone. I have witnessed many negligent acts of the staff and at times very dangerous care. I have battled with many nurse managers for change and at times refused to leave him. This was my greatest fear that came true. I am prayerful and seek to make VAMC of Memphis, Tennessee be accountable for their horrific, negligent care in which they rendered to my husband causing his death, taking him from my son (who is autistic and now 9) and me. This is what I have done so far. I submitted a claim for 38 USC 1151, Accured Benefits, and Pension. I submitted it just three days prior to my husbands one year date of death. I included all required documents for the 1151 Claim, copy of autopsy, death certificate, copy of all medical records, the legal nurse review. And approximatley 1300 pages of medical evidence to support all opinions of the legal nurse consultant. When I last checked the status of my 1151 Claim on the website it states it is in the review period with an estimated completion day of Dec 31 2019 (for what that is worth). I have obtained a certified legal nurse review which states my husband died due to no fault of his own, was not foreseen and died due to multiple VAMC providers medical negligence. I am having a lot of trouble obtaining an attorney for the Federal Tort Claim I am going to file. I have not filed Standard Form 95 as of yet. As my statued continues to run out I am faced with filing Standard Form 95 on my own. My husband served in the United States Army for 18 years followed by 12 years in the Army Reserve. My husband was a skillful, highly sought General Surgeon, a life-saving Trauma Surgeon, a teacher to many in West Tennessee, a father to our son whom is now nine, and my soul mate. . I have been told my husband cause of death was not as clear as a medical malpractice attorney would like it to be, like a sponge left during surgery or etc. The events of his hospitalization may not be that clear however, I am confident that their numerous failures to follow clinical practice guidelines fell far below any standard of care one expects in America today and far below the standard of care one would receive in my community as a civilian and caused his death.
  4. Hello hadit Community. I submitted an initial claim for Claustrophobia in 2011 and my claim was denied in March 2015. I submitted my NOD and appealed the decision. I recently (March 19, 2020) received another rating decision on my claim for Claustrophobia and was denied again for service connection. The issue in 2015 was that I had no evidence of my account of being mistakenly locked in the Arms Room. My period of service in the US Army was from 1985 to 1994, where I was a Supply Sergeant/Unit Armorer and stationed primarily overseas. I submitted buddy statements and a description of my Unit Armorer duties which required me to work in a vault like setting for long periods of time. In September 2019, I submitted an affidavit from Allstate Insurance Company, (on their company letterhead) along with the date and time of the accident to include the Allstate claim number (the accident took place in January 1988) to the Evidence Intake Center. I called the VA Call Center (1-800-827-1000) numerous times afterwards and they confirmed receipt of the document and stated it was in my C- file. I also hand delivered a copy of the Allstate Insurance Company affidavit to my Regional Office in October 2019 and have a stamped copy of the documentation as evidence of my submission. In March 2020, I finally was scheduled for a C&P exam for Claustrophobia. My C&P exam took place on March 13, 2020 and I showed the C&P examiner the Allstate affidavit and discussed my automobile accident and my duties as a Unit Armorer as my stressor events for Claustrophobia. My case was decided on March 19, 2020. When I reviewed the March 19, 2020 Rating Decision, the Allstate affidavit was not listed in the evidence section. The author of the rating decision spoke vaguely about the evidence and on Page 3 of the three (3) page decision, made the following statement; “ There is simply no evidence to confirm that the reported incident(s) occurred, or that you sought treatment documented during service as a result.” In the March 19, 2020 Rating Decision, the rater stated: “that the March 13, 2020 C&P examination reported a diagnosis of situational phobia (claustrophobia) and the examiner opined that the present diagnosis was at least as likely as not due to the event you subjectively reported.” The March 13, 2020 C&P examination is also listed as a Favorable Finding in the March 19, 2020 decision. What is troubling about the rater’s language is they reference the “event” but does not refer to what the “event” specifically is. In addition to the Allstate affidavit, I submitted a lay statement from my sister also confirming the accident. I also included in the evidence: a copy of a February 2015, C&P exam, which was held at the Baltimore Maryland VA Hospital and conducted by VA Psychologists and they opined that my conditions of Claustrophobia and Agoraphobia is directly connected to my military service, a copy of a August 2019, Mental Health DBQ which was conducted at the Washington DC VA Hospital and conducted by a VA Psychologist. The DBQ states my Claustrophobia is linked to my military service; a September 2019 medical opinion letter from my VA Contracted Psychologist, where the doctor states that the automobile accident and my Unit Armorer duties are directly responsible for my Claustrophobia and Agoraphobia. a very detailed Statement in Support of Claim chronologically listing the events in service along with the previous diagnosis that I received. My question for my fellow Veterans is this Rating Decision a Clear Unmistakable Error or just clear incompetence? I have been examined four (4) times and currently by Psychologists and all of them have diagnosed me with Claustrophobia. I also have evidence of the automobile accident that I was involved in (thanks to Allstate keeping records over 30 years). I requested a Higher Level Review on April 13, 2020 and articulated all of the above on the VA form. I also requested that a different office conduct the HLR in addition to requesting the informal telephone conference. Thanks!
  5. On Thursday I was informed by my new legal representation for the FTCA claim that not only would I be filing out the form 95 but that they would be contacting my husbands adult children (whom I have no contact with and my husband had very little contact with) to sign a retainers contract and sign Form 95. It is essential that the FTCA claim be correctly. I am not sure that this above is correct. I have spent the entire weekend searching for the statue, the code, the rule, the regulation as to whom must file the FTCA claim. Can anyone help me find this information?
  6. I have filed an 1151 Claim. I have finally found an attorney to represent my FTCA claim. We are going to submit Form 95 this This attorney informed me that he would need to submit separate Form 95's for myself, my son, and all 5 of my husbands previous children. My husband had a total of six children. Five of the children are by his previous wife whom died. And he and I have a son whom is now 9. If successful at the FTCA it is my understanding that the laws in TN will mean an award in the FTCA would be divided this way after attorney fees: 1/3 to the surviving spouse, 2/3 divided by 6. Each child the would receive 1/6 of the remaining 2/3 of monies. So with that being said. If my 1151 claim is successful will the offset amount be the 1/3 that I received or the entire amount of the FTCA award.
  7. I asked a question. Then people submitted a post. How do I respond to the person trying to help me. For example, I asked a question, Berta responded . How do I respond to each post. Thank you so much in advance.
  8. I was helping a buddy of mine veteran file claims cat outside Dr. DBQ done and filed but VA DENYED ALL CLAIMS without sending him for C/P exams he 10% tinnitus and he was a Heavy vehicle mechanic in the army did a tour in Bosnia as well I just don’t understand how they could deny without even doing C/P exams He’s very upset and doesn’t understand I told him it’s par for the course any advice that we could do?
  9. So long and short I received aC/P at Robly Rex preformed by a PA who I feel clearly did not answer the questions accurately Like for instance I was going for secondaries of cervical and ankle pain my history is bilateral pes planus 50% rate and 30% migraines 20% lumbar DDD’s 0% shinsplints 10% tinnitus I was going for secondaries one of the questions on DBQ ASKED was does the veteran have now or ever had shine splits she put NO also she stated That I don’t use a locomotive device which I have inserts by the VA for my shoes which are considered a locomotive long and short x-ray showed demineralization in my ankles cytes and demineralization in my shoulder She stated less likely than not on all my issues what are you guys think
  10. Is there anyone out there that might have a phone number for Cheyenne Regioal Office. Not the 8008271000. We keep getting run and chase the monkeys tail. If anyone has another number, I would really appreciate it.
  11. Ebenefits is showing a claim for a new exam for hubbys heart. This is the third exam. He was just in hospital in Aug for pulmonary embolism. I uploaded paperwork. I think it will show that his heart condition is worse and now the right side of the heart has problems. I checked for them to make a decision on it. Do they usually leave the percent at the same or could they possibly increase it? The diagnosis from the hospital stay says chronic copd, Chronic CHF, sleep apnea for at least 10 yrs using cpap, and acute kidney failure. Now we do have a remanded appeal for ckd and iu. But should we go ahead and file a claim for all this. They do not usually just go ahead and grant these things, right. Or will they just go ahead maybe and grant 100 percent for the heart. And how long does it take for them to decide. It is due to close between 1-18 and 02-15.
  12. Ebenefits is showing a claim for a new exam for hubbys heart. This is the third exam. He was just in hospital in Aug for pulmonary embolism. I uploaded paperwork. I think it will show that his heart condition is worse and now the right side of the heart has problems. I checked for them to make a decision on it. Do they usually leave the percent at the same or could they possibly increase it? The diagnosis from the hospital stay says chronic copd, Chronic CHF, sleep apnea for at least 10 yrs using cpap, and acute kidney failure. Now we do have a remanded appeal for ckd and iu. But should we go ahead and file a claim for all this. They do not usually just go ahead and grant these things, right. Or will they just go ahead maybe and grant 100 percent for the heart. And how long does it take for them to decide. It is due to close between 1-18 and 02-15.
  13. I would like to thank everyone who provided me with such valuable information concerning my Individual unemployability claim. I did receive my 100% disability. I filed my claim on April 16, 2018 and my claim was awarded on June 20, 2018. It took only 64 days to complete. Thanking you all again for your help. God Bless you all. Air Force Vet
  14. Hi, Berta (everyone), I am curious if there’s any instructions on how to go about: DIC is granted & accrued / death pension benefits are denied. My VA rep (Colorado VA office), recently explained to me that my mom was awarded DIC benefits ( I filed on her behalf ), effective the day of his death (my dad died Dec.30, 2017) of... 1-Pneumonia 2-COPD 3-CAD but, we (she) was denied accrued because the Army / VA did not owe him any money, since he never filed for benefits while alive. While that part is true, he never filed because he was told he did not have agent orange, he was told he “wasn’t in the right theater”, course that “theater” explanation is false. Vietnam establishes theater now, period. My dad was on ground (in air) for a year. Further my dad’s records I received from archives (medals included) do not have a lot of information in them. I have a hard time understanding what they do say. My dad was 191st Military Intellegence, not sure if that is why I have trouble making sense of the records they gave me or if that has anything to do with why I had such a trouble free approval on DIC portion of our claim (approved first time & expedited approval within 3 months)..to which we are grateful. However, I have an original document from 1989 that reads, “ In regards to YOU’RE request to be tested for agent orange...Donald L. Welch...” (my dad)..you’re appointment is scheduled for ...1989 at ... etc. then written in red pen on the top of the document is written “6-8 weeks”. I prusume his “testing” (set for an entire day 8am-6pm) did not inform my dad he had exposure, because he then would have filed! Yet, clearly he did (death certificate reads CAD) & DIC awarded for presumptive CAD! Throughout his lengthy medical history of: Arteries blocked (multiple), Surgical stents, cardiac-arrest, COPD, bronchitis-chronic, lung problems, etc. He believed he did not qualify for benefits. Months before his death he went to VA medical at his brothers insistence & on the way home from getting RX (for the first time ever from the VA) he told his brother he was told he wasn’t in the “theater” for agent orange benefits. By the time he got his first RX delivered through the mail...he was dead....of CAD. How do I prove establish that he would have filed for benefits (as far back as 1989, document attached), if they had not told him he didn’t qualify & wasn’t exposed? How do I get addditional records when he was military intelligence? I can’t even find out what battles, his medal citations are even from. I also know his helicopter crashed while he was in Vietnam and his back had either whipping marks or shrapnel scarred all over it...I want to know why. No records if him being a POW. Can anyone link me in the right direction? I’ll have to figure out how to attach documents to post- will follow through.
  15. Hi guys, my husband is in the hospital with blood clots in lungs. He had this in 09 and I was new and did know what to do, so we missed filling.. and for when he was in hospital for for his replacement of arotic valve. He went in yesterday morning. They have not discovered where they came from. Same as last time. They did not come from his legs or feet. Hope they can figure it out this time. He will probably be going on permanent blood thinner. What is my nex move here? Advice appreciated ahead of time.
  16. Ok went to vets.gov and it says hubbys appeal will soon receive a board decision. Would it be advantages for him to stay there or do the Ramp. Another question when you click on issues it shows he is asking for an increase in diabete. And on the other issue it says service connection for arthersclotic renal. He filed diabetic nephrology secondary to diabetes. The reason I’m concerned here is he was diagnosed with diabetic nephrology before he was diagnosed with cad. I’m afraid they are setting up to deny this already. Should we contact Vso?
  17. Can you send in info on an appeal if it has Been at bva, but no decision yet? I want my husbands nephrologist to write a little bit different letter, as to why he thinks diabetes has caused his cod etc. I ve been reading a lot of decisions I don’t think the one he wrote will do the trick. I’m thinking I can write it up and he can read it and if he likes it, put it on his letter head. What do you think.i have read and looked up enough of these decisions and read enough publications from pub med, diabetic association, the kidney association to write one. It has to be very explicit on explaining their opinion. Otherwise va will just deny it. For instance it was originally denied because when undated in a cup at c&p their was proteinuria in it. Now they found proteinuria in a 24hr drop. That is why he was sent to specialist. In one of the publications from pub med it says you do not always the same amount of proteinuria, you drop more in the later stages or your diabetes can cause you to drop more at times if it is not controlled. And has anything else the diabetes aggravates the kidneys, and can make it progress even faster. what do think? Can we still send in another letter to be added to the claim? If diabetes does not cause kidney problems, why are they always watching their kidney function? i would also like your opinion on this too. My husbands blood sugar dropped to 36 nite before last. I think he should have went to er. He broke out in sweat all over. And although I’m not diabetic I know how hw feels. I accidentally took his med by mistake in 2001, and I worked at the post office. On way to work candy bars and started shoving them down. I was the first one at work, carrier came in 15min later. I was broke out in sweat too. But I managed to get it under control. Lol. That’s what happened when your in a hurry and he ask you to to bring him his meds. But if nothing else to get that on record. He did tell his nephrologist about it. He ordered some kind of injection that I have to stab him with if his sugar gets so low he passes out. Maybe I will put that in the letter for him. He has had several episodes of low blood sugar as well as high. His last a1c was 9. Something. But I don’t think it has ever been that low.. thanks ahead for any advise you can give me. and if anyone else wants to chime in. That is ok I’ll take any advise I can get. i did notice they are now! Before the holidays they were on May 2014. Maybe someone lit a fire under them!
  18. I have not logged onto ebenefits in about 6 months. I needed a verification letter for my property taxes. The date of my last award for IU was changed from December 2016 to December 2017 - Has anyone else had this happen? Unable to send a request - IRIS apparently is not responding - with the ability to put in a trouble ticket. It allow the form to be out but will not submit. _ this was on the weekend will try again. I go to the VA 3 times a week for counseling so I will see if VBA office has a perspective and give an update - Check your date for a Navy "CYA" ( Cover your A$$) If I did not have my last letter with the proper date "printed" out ( old address) I would have nothing.....
  19. Can you tell me where I can find the va training letters for different disabilities. I have been looking for two hours.
  20. My husband put in a claim for ihd/aortic valve stenosis secondary to diabetes, in 2009. It was denied. I have been doing some research and in 2012, they did test on people with diabetes and aortic stenosis. And they found they produce a protein that enhances inflammation that causes a greater risk of stenosis of the aortic valve much worse and faster, than someone with out diabetes. My husband had surgery to replace the valve in 13. Now his cardio doc says they can hear the murmur again. My question is should we reopen that claim, file a new one etc. I know sometimes the va makes you feel like your trying to dig up everything. And it says it can cause more thrombosis activity. He did have an embolism in the lungs in 2011, which they could not determine where it came from. The doctor did say it went thru the heart. He really had a lot more fainting like spells, dizziness and falling, before he had surgery. He still has them, but I don't think it is as bad. But if the mur mur is back, it worries me. He says he will not be operated on again for his heart. He try's to mow the yard. Our yard has a hill in the back. I think they did this to be able to get more houses in here. He was mowing a small section that can not be mowed with riding mower. I always watch him, when he is doing it. Well he fell and rolled down the hill. Scared me to death. Had to run out help him get up and set in a chair till he felt able to finish it.
  21. Good Evening Everyone! Okay I have a few questions regarding my Disability claim as well as my husband. First let me start off by listing all my service connected disabilities: 1.) PTSD-100% 2.) 60% Asthma 3.) 50% Migraines 4.) 50% Endometrosis with IBS 5.) 10% Eczema 6.) 10% Rt. Knee 7.) 10% Left Knee 8.) 0% scar left breast 9.) 0% hernia 10.) 0% rt breast scar I'm currently rated 100% SMC S and I'm paid at the housebound rate. I'm a little confused. Another veteran told me I should be rated L or L1/2 because I was getting paid the housebound rate prior to Migraines and Asthma being increased from 10% to now 50% and 60%. Is this true? I read on one forum (can't remember where) that I should receive the letter S and 3 K's which ultimately equals L. Just confused. Also, my husband was medically retired due to Lupus. He's currently rated at 100% for Lupus and 100% for Depression. I recently applied for Aid & Attendance because with two kids and my own disabilities (no family within 2 1/2) its extremely hard. When he has flares he can't do anything. He has flares anywhere from 2 to 3 times a month lasting anywhere from5 to 7 days. His civilian dr filled out the Aid & Attendance form and explained how bad he needed this benefit. Well of course the VA denied it. They stated Aid & Attendance is for someone in regular need of assistance. They also stated since he can walk with a cane 25 ft he doesn't need it as well. I'm really at the end of my rope with the VA. To add insult to injury, when I filed a claim for his kidenys (he has stage 3 kidney failure) they said that falls under Lupus. I understand if I opened a claim regarding back, joint or neck pain, but Kidney failure! We have a two young kids and we will make due, but I can't make it to my MST meetings unless I have someone here with my husband. Sorry, folks I had to vent. Please help
  22. Here is a link with the latest proposal w/IU controversy : https://militaryadvantage.military.com/2017/06/va-chief-withdraws-staab-appeal-vows-to-replace-iu-pay-cut-too/ More concise link for specific IU : http://www.military.com/military-report/va-reverses-call-for-iu-benefit-cuts.html?ESRC=mr0619.nl
  23. Good day all. Hopefully I can explain this clearly without confusion. I received my BBE in Sep 16, and immediately filed for a NOD with more evidence (related to neurological issues/damages). However, I am 0% service connected with sleep disturbances/sleep apnea. Recently, as in two weeks ago, I was diagnosed with apnea and required to wear and was given a CPAP. Long story short, my claim is with the DRO for appeal and review, and although I am not contesting/appealing the sleep apnea for increase, I have the necessary medical evidence including the VA form for sleep apnea completed by my sleep physician/dr stating my condition as well as the results of my sleep studies. How should I submit it? Should it be a file for increase, or submit it as I would with additional medical evidence to the evidence intake center to be reviewed by the DRO along with the other evidence submitted for the conditions I am actually appealing? Any advice would be appreciated. Thanks so much. Also, to make sure that I have the correct fax number and address, could you include that as well. That would be greatly appreciated as well. Thanks all.
  24. Guest

    TDIU Granted

    Hi - Just want to let everyone know there is hope if your claim is stalled. They are working at the Houston RO. I got a call from DRO today, and told me I was granted IU with back pay. (PTSD/MST Rape & ATT Murder) I have my Navy retirement too, so I think this is the end of the road for me as far as claims go. I will continue to pray for adjudication with other claims. This was exhausting. Graduating in 72 days with my BS in Criminology- Thanks Voc Rehab.
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