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Found 63 results

  1. Hey brothers and sisters, So I just had my C&P for my right shoulder secondary to my left shoulder injury. Since I've injured I tend to put more strain on my right shoulder to compensate for functional loss. This has caused me to have pain and limited ROM in both shoulders. This scumbag at the VA left his opinion. Even though all my tests showed limited ROM and pain on movement of right shoulder. What's next? MEDICAL OPINION SUMMARY ----------------------- RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Secondary Service Connection. Is the Veteran's shoulder condition right at least as likely as not (50 percent or greater probability) proximately due to or the result of rotator cuff tendonitis, left shoulder (non dominant)? b. Indicate type of exam for which opinion has been requested: RIGHT SHOULDER TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] b. The condition claimed is less likely than not (less than 50% probability) proximately due to or the result of the Veteran's service connected condition. c. Rationale: Within the concept of a pathologic entity of one specific site or joint of the human body (right shoulder in this case) it is very hypothetical to theorize or to try to conceptualize that such a pathologic process would be secondary to a SC pathological process at a separate site such as ROTATOR CUFF TENDONITIS, LEFT SHOULDER (NON DOMINANT). To ascribe a distant pathologic entity (RIGHT SHOULDER) to be secondary to the already mentioned SC condition, does not fit within the realm of a peer reviewed logical manifestation of diseases as written over centuries in the medical books. Even trying to force a connection between such SC condition and the RIGHT SHOULDER condition imperils the scientific knowledge in medicine that tries to explain disease processes and their interconnections in the most logical, reasonable and responsible ways. There is no evidence in the scientific medical literature of such connection. Therefore, the claimed condition is less likely than not proximately due to or the result of the Veteran's service connected condition. And the SC condition neither aggravates the RIGHT SHOULDER condition.
  2. Hello fellow veterans. I had an experience over years- each Spring, feel a lot better after the much worse Winter. A chronic, physical, neurological, pain condition means the normal forces of life get multiplied or muted. This year, worst Winter, but Spring brought a good day- so I went out, Motrin augmented, and used tractor to fix dirt road that was like a moonscape of potholes. People came out along the stretch. Some angered, some wondering, some wanting to talk, and one person offered 600 for gravel in front of their place. While placing the gravel (showing where to dump it) someone else wanted gravel next door on the road- I saw to it. Soon, 10,000 dollars of gravel spread over a mile- and all I had to do was show people the gravel was appropriate for their investment, the results were obvious. So, eventually, over a month passed, 60 truckloads (30 trips) and the road was done. Some complained, others angry, others reassuring, others with critical useful information (how to make the road). I went home when someone took a tractor and dug up the gravel in a sort of angry move. When I went home, wondered how I worked for a month plus past the much worse pain, pain from Motrin harming kidneys, yet when I got home, was unwilling to do laundry, clean house, vacuum, Spring cleaning... I thought hard. The answer? The Placebo Effect. No, I took no sugar pills- but when one goes to be tested with a sugar pill it is always a PERSON saying the pill helped. A PERSON that one meets up with to see the results.. It is the PERSON not the PILL that makes a significant percentage feel their symptoms improve temporarily. So, I realized, this year the Spring improvement was augmented by leaving the home- Nature always guides with discomfort if doing the wrong thing, pleasure if doing the right thing- moving back towards being near others- mean, angry, helpful, reassuring, no matter- just be near the (if you will) herd. Disability isolates, insulates, makes one away from others, more so with time. I avoid getting help from family- over decades it just hurts em to see it. I avoid the VA because they very, very, often do more harm than good if not extremely vigilant. Disability alters sleep-wake time. It makes people get introverted. It makes ordinary pleasures- eating at a restaurant- unpleasant. Makes having a mate problematic (in a few senses). But aside from all this, merely being NEAR OTHERS in a physical, not just online way (I am pretty much a spider on the web, dispensing solutions wherever inspired, since the days of Compuserve, Netscape, and Prodigy). I can explain how this probably works. In each persons gut (mouth to tail) there are microbes, bacteria like, much or most of your body weight is not you. This means much of what makes a human operate or inoperable is the microbes NOT suffering from your disability- but from isolation from OTHER HUMANS and their microbiome. Just being near a person (not necessarily that close!) means your microbiome matches up with other peoples- and a silent equalizing happens. This explains why pain is so depressing, why depression is so isolating, and why isolating is so pandemic to the disabled. This explains how the Placebo Effect works. This explains why young people join terrorist groups- and how to fix it- get a non terror group for them to join. This explains in part why people laugh more, louder, at jokes if in a room of people This explains how people suspend disbelief much more in a theater than alone watching a show Altogether, a solution offered for those in misery and won't even let that word (and others) pop to the surface of their awareness is to just get near other people. Try this... Go to a grocery store or similar venue. Walk slow, be fairly dressed, not unkempt. Shop. When you see someone with another person, just walk up real discreet and comment on their purchase. See how they light up? Do it again. And again. Maybe crack a joke. Now, go to the checkstand. Pay for what you bought. When the checker (forced) says ...would you like to donate your money or change to ... you say ...Nah, I am trying to quit... or tell them another joke (Do these GMO free eggs come with free HBO?) When you leave, look how you feel- do you feel better mentally despite the possible pain from ambulating about? Seems plain we vets should try to meet up with other, very near, vets for a bite to eat, a pizza party, a regularly recurring thing. Something like a 12 step group without the ...stuff that has creeped into that movement over decades... Maybe call it a Half Step movement? At Ease? Ah. Not good at naming things. Let me know if this resonates with you. Try to please Nature by getting near others even if you usually wait to feel better to get out- instead, feel better by meeting up, even hold a meet at your place if practical. Hot dogs and a loaf of bread and ketchup probably is enough. Consider the reward from being selfless. If you want a smile, see this video and if you identify with its meme about pain and being trapped. Notice the hero is not alone. Spidey
  3. I just filed a petition for a Writ of Certiorari to SCOTUS on the "Feres Doctrine" which is used to deny veterans access to evidence and tort claims. No jury trier of fact. The BVA is unable to order evidence be made available to claimants. The DVA thumbs its nose, as it did in my case, at the RBA disputes lodged under the rules to obtain evidence. The Circuit Courts won't get involved because of the Feres Doctrine while expressing concerns about the Feres Doctrine's Constitutionality. Petition was mailed Saturday. Don't know how long it will take to get an answer but only 1% get heard by the Supreme Court (SCOTUS). Have a much better chance at it this time than when I attempted in 1989. I shelled out more than $1,000.00 in printing and mailing 45 copies (143 pg.) to SCOTUS and 1 copy each to 10 interest parties this time. Big gamble on my part. Need to publicize it. Is there a Journalist on board? Search Bray v United States at SCOTUS (new petition) in a week or so. Bray v United states at the 10th Circuit, #18-8051, in a couple of days should have the SCOTUS petition posted on PACER. Also submitted a pre-decision copy to the Court of Veterans Claims (CAVC) which should post to the docket of Bray v Wilkie, #17-2990. Is anyone interested in joining? Does anyone know a law school that might take it up? I'm self represented because it is extremely difficult to get an attorney because of the Feres Doctrine.
  4. I have a rating for 10% for:. right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome Is it common for VA to group conditions, can these be separated? Thanks for the assist...
  5. Please, welcome new VET2VET podcast episode: https://youtu.be/waV5t0HPtbM Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region. Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997. Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region. DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area. ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
  6. On 23 April, a bank account that my deposits normally are deposited into, received the funds. They were then sent back to the va on 25 April as I called the va and updated them with new account information. The va has stated the funds were sent back to the treasury on May 1st. No one at the va seems to know how long it will take to receive my funds as they have updated bank account information. I’m needing to pay rent and other bills. Any one else have experience with this?
  7. I'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with: In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this... After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations... Thanks a lot!
  8. To list the many many Tags would have been ludicrous. My case is relatively new. I joined here last year, this place has always been great to calm burned out nerves. I sometimes don't make sense to myself let alone anyone else. But when I got out, I went tearing away from anything and everything that even REMOTELY resembled authority. People being able to control my life terrified me to the point where it has literally affected every single part of my life. I came here seeking help and I got it. So, if my story can help anyone else, and my opinions on what you can do to help your own Battle, because that's what this REALLY is, then I will feel like I have done a small and meager effort to pay it forward. My C-File isn't stuffed to the gills with medical records because I didn't serve long enough to qualify for VA Medical. My Claims were handled fairly fast compared to the average. My Story is simple, I got kicked out of the US Army Infantry, after Basic, but I did not finish my A.I.T. We were OSUT. How and why is my business, and I have completely accepted that now. I wasn't even aware I had "issues" until about 9 years after I got out of there. And, a further 6 years before I swallowed my pride and went and finally asked for the help, that I had been convinced by every Veteran I knew, that I now have. I filed my initial claim for PTSD with Anger and Depression. 5 months later they denied me without a C&P, oh gosh gee wilikers was I disappointed. But, once again, fellow Veterans pointed me the way. I went to my Second VSO, and they filled for Depression, and I was scheduled for a VA C&P Exam. Why do I emphasize the VA part, well, I had learned from reading here at Hadit that C&P exams don't show up on your VA website thingy. Which, I thought to myself, that IS kind of important, you know, so no one can "lose" your record of that particular exam. I must admit that my best decisions I have made after getting my actual 50% Service Connected decision letter last year was to continuously educate myself. Not just about me, but the VA itself. IT IS IMPORTANT THAT YOU BRING YOUR COPYS OF YOUR PERTINENT INFORMATION WITH YOU. Sure that really friendly guy on the phone making your appointment is probably say it's not necessary to bring any documents, the Examiner will have ALL your evidence. Bullshit, don't ever leave your case DEPENDENT on ANYONE else' actions! Seriously, I took that advice from someone here, and it saved my ass. A actual Lt. Col. in the US Army Medical Hospital Diagnosed me with exactly what i was filing for. Match the Words, don't try to guess, don't try to infer. Take all your important verifying information with you. Don't leave out anything that you feel may hurt your case, if you think the VA is going to not use any excuse to take away what they give you, you are DEAD wrong. They will dig for it and hunt it down. Be honest, give them everything. But remember, you are literally not DEFENDING yourself to these Raters, you are pressing your case base on verified fact. They will work harder to rip your benefits away, than they are supposed to help you get them.Tell them something is wrong if you don't know exactly, and make them give you an examination, it is your right as a Veteran. I see too many Vets who are always asking others for help, guess what, it's up to US. DO YOUR HOMEWORK Seriously, you need to know more about your Disability's then the people who wrote the books and TREAT you for it. No one knows your Disability's like you. Because they are literally YOURS, not as a statistic or a Roster Number. Because remember, these are not minor discomforts or passing ailments. These damages are severe enough to make us DISABLED. You are LEGALLY entitled to the compensation for the damages done to you, maybe that's why the VA Denies us so consistently. No matter how many changes in Technology or public opinion, they have NEVER done it at a pace that allows most of us to barely maintain our composure and dignity. As far as the Law goes, if you have evidence, you're solid, it is not the RATER who is processing your claim wrong, it is YOU. Every "T" must be crossed, every "i" must be dotted. You have to make your case so solid,that it would literally be a breaking of the Law not to Service Connect you, or a fair Scheduler Rating, or TDIU. You have to SLAM THAT Claim DOWN ON THAT RO's desk, and CHALLENGE him to find flaw in every single interpretation of the Laws, Rules, Regulations....... Become your own greatest weapon, by realizing that you personally can't do that, you have to show it through your work, every page has to be meticulous, don't give them any reason to take the scalpel to your pages. I have a theory, based on how fast I was Denied the first Claim, how fast I was sent for a C&P for my second and winning Claim, and the fact that I was approved the DAY after my C&P exam. I personally feel, as if the moment a Rater can find a reason, and Literally the first reason, he denies and kicks out. Because I was denied without even a C&P exam. Then, when my second claim got sent up, they took one look at it, and knew they were caught out, so as soon as they got my results, they gave me 50% and expected me to be grateful for it. Never stop, always press on, continually advance, and when you can't advance, you bear down, shield up, and dig in. You are now in the Trenches of the VA, and we are literally all here because we are STILL Brothers and Sisters in Arms, against our own people. My OPINION of VSO's and LAWYERS A VSO, no matter where he works, is not gonna fight for you, oh they will file paperwork.....if you tell them what to file, you see, they just mostly don't have the balls for you, because they have balls for EVERYONE. A Lawyer, on the other hand, is motivated by Passion, and Profit. Think about it, if you were to Arm yourself with a Hypothetical Spear-like weapon, would you not want the one with the longest reach, sharpest point, and stopping power? A Lawyer, will fight, because he will look at your Claim, in whole, at ALL the FACTS, and take your case ONLY IF HE BELIEVES THE LAW IS ON YOUR SIDE AND HE CAN WIN IT! That alone, is a boost of confidence that will sustain your Hope, while unfortunately also being a two-edged sword. If he doesn't take your case, then do MORE HOMEWORK. If you can convince a VA registered Lawyer to take your case, you're fairly solid. ONCE AGAIN, MY OWN PERSONAL OPINION. Always Dig Deeper than the Surface Picture that the VA forces on you,If the Law is on your side, stand firm, and advance,Remember that you are right, and you need not defend against their No, but insist on your Yes. Good luck y'all
  9. Student Loan Disability Forgiveness for Disability (Changes) Please check out HR1, the new Tax Law just signed by President Trump. It appears, that if you have your student loans forgiven for being permanently disabled, the income tax liability has been removed. An copy of the law from the text of the new law is provided below. I do not claim to be an attorney, so please interpret it for yourself. PART IV—EDUCATION SEC. 11031. TREATMENT OF STUDENT LOANS DISCHARGED ON ACCOUNT OF DEATH OR DISABILITY. (a) In General.—Section 108(f) is amended by adding at the end the following new paragraph: “(5) DISCHARGES ON ACCOUNT OF DEATH OR DISABILITY.— “(A) IN GENERAL.—In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income for such taxable year by reasons of the discharge (in whole or in part) of any loan described in subparagraph (B) after December 31, 2017, and before January 1, 2026, if such discharge was— “(i) pursuant to subsection (a) or (d) of section 437 of the Higher Education Act of 1965 or the parallel benefit under part D of title IV of such Act (relating to the repayment of loan liability), “(ii) pursuant to section 464(c)(1)(F) of such Act, or “(iii) otherwise discharged on account of the death or total and permanent disability of the student. “(B) LOANS DESCRIBED.—A loan is described in this subparagraph if such loan is— “(i) a student loan (as defined in paragraph (2)), or “(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).”. (b) Effective Date.—The amendment made by this section shall apply to discharges of indebtedness after December 31, 2017.
  10. I have some questions and wondering what some of your observations are. I had a c and p exam recently and got ahold of the DBQ. All the boxes the doctor checked were good for me. She checked all the right boxes and checked that I had PTSD and all the symptoms they went with it but in some of the comments she made, they seem really bad. So I'm wondering what matters more, the doctors observations or the boxes she checked? I'm rated at 60% currently with anxiety NOS and Tinnitus. I did not initiate the exam for an increase. It was one of the random c&p to see how things are going. This is from the PTSD initial DBQ that she filled out 1) yes 2) PTSD, paranoid personality disorder with avoidant features, other specified anxiety disorder with depressive symptoms 3) a. Yes. B.no 4.) A.Occupational and social impairment with deficiencies In most areas work, school , family relations...etc B. Yes--most impairment is attributed to PTSD and anxiety disorder with paranoia secondary. Under PTSD criteria she checked 2 in A, 3 in b, 2 in c, 6 in D and 4 in E . 6) Argumentative and irritable veteran who is hiding behind his wife and looks at her instead of the examiner; has poor eye contact; unable to tolerate questions without interrogating examiner about "meaning" of question; makes people want to avoid him due to his paranoid arguing. Hopeless attitude; does not accept hopeful comments; arrogant and appears to think he knows more than others; thinking was designed to perceived threat, not to answer questions; emotional overactivity; exaggerated affect; affect constricted; everything annoys him; meds do not touch symptoms and he does not sleep; problems with lack of trust. 7) " he may be playing this up out of a desire to avoid working at jobs that are low pay---he has no job skills and comes from a highly educated family --father is lawyer, sister a geophysicist; he may prefer the sick role, rather than go back to school and stretch himself; there is an element of malingering and playing to an audience." I found this highly offensive because I've been going to the VA for at least 5 years. I didn't initiate the exam so I'm not trying to get more money. However, I wasn't honest in my first c&p in 2011 because I was ashamed and held back a lot of the really bad things I experienced. This time around I made sure that I was brutally honest. I know that I'm supposed to tell them about my "worst" day and how bad it really is and I did. And now my sincerity is questioned? The lady was incredulous that my wife married me even though I didn't have a job and still don't. I said that I don't believe I can work which I don't think that I can because I barely can stand to leave the house and that I hate being around people because I'm constantly thinking in my head that I'm going to be attacked or have to attack someone else. I also don't sleep, I have diagnosed insomnia from the VA. Because of all this I don't think I'd be able to hold down a serious job. Is that crazy? I haven't worked in a long time. I stay at home and take care of our kids. I said something like at least I can feel useful like that. The woman seemed stunned by this. I'll admit I was extremely uncomfortable during the exam because I hate talking about this stuff and prefer to not think about it. And she interpreted it in the way above. Her comments seem contradictory to all of the boxes she checked. If I'm "malingering and playing to an audience" why did she check all of the other boxes? It's driving me crazy. This feels really bad for me. I'm having anxiety attacks almost daily thinking about this. Am I crazy to worry about how this will turn out for me? This woman was in her late 70s or early 80s. The exam was through VES and was done at her in home practice
  11. Hello all. Want to first thank everyone for helping. The information we have received from you all has been incredibly helpful. My dearest husband just received his award letter and the representative forgot to add in two of his disabilities related to his back into the overall rating. He has been recieving these two benefits for several years now and neither of them were mentioned or addressed in his award letter. It simply looks like the VA rep. made a mistake. What should we do and how long does it take to fix a mistake like this? Any ideas?
  12. I have some questions and wondering what some of your observations are. I had a c and p exam recently and got ahold of the DBQ. All the boxes the doctor checked were good for me. She checked all the right boxes and checked that I had PTSD and all the symptoms they went with it but in some of the comments she made, they seem really bad. So I'm wondering what matters more, the doctors observations or the boxes she checked? I'm rated at 60% currently with anxiety NOS and Tinnitus. I did not initiate the exam for an increase. It was one of the random c&p to see how things are going. This is from the PTSD initial DBQ that she filled out 1) yes 2) PTSD, paranoid personality disorder with avoidant features, other specified anxiety disorder with depressive symptoms 3) a. Yes. B.no 4.) A.Occupational and social impairment with deficiencies In most areas work, school , family relations...etc B. Yes--most impairment is attributed to PTSD and anxiety disorder with paranoia secondary. Under PTSD criteria she checked 2 in A, 3 in b, 2 in c, 6 in D and 4 in E . 6) Argumentative and irritable veteran who is hiding behind his wife and looks at her instead of the examiner; has poor eye contact; unable to tolerate questions without interrogating examiner about "meaning" of question; makes people want to avoid him due to his paranoid arguing. Hopeless attitude; does not accept hopeful comments; arrogant and appears to think he knows more than others; thinking was designed to perceived threat, not to answer questions; emotional overactivity; exaggerated affect; affect constricted; everything annoys him; meds do not touch symptoms and he does not sleep; problems with lack of trust. 7) " he may be playing this up out of a desire to avoid working at jobs that are low pay---he has no job skills and comes from a highly educated family --father is lawyer, sister a geophysicist; he may prefer the sick role, rather than go back to school and stretch himself; there is an element of malingering and playing to an audience." I found this highly offensive because I've been going to the VA for at least 5 years. I didn't initiate the exam so I'm not trying to get more money. However, I wasn't honest in my first c&p in 2011 because I was ashamed and held back a lot of the really bad things I experienced. This time around I made sure that I was brutally honest. I know that I'm supposed to tell them about my "worst" day and how bad it really is and I did. And now my sincerity is questioned? The lady was incredulous that my wife married me even though I didn't have a job and still don't. I said that I don't believe I can work which I don't think that I can because I barely can stand to leave the house and that I hate being around people because I'm constantly thinking in my head that I'm going to be attacked or have to attack someone else. I also don't sleep, I have diagnosed insomnia from the VA. Because of all this I don't think I'd be able to hold down a serious job. Is that crazy? I haven't worked in a long time. I stay at home and take care of our kids. I said something like at least I can feel useful like that. The woman seemed stunned by this. I'll admit I was extremely uncomfortable during the exam because I hate talking about this stuff and prefer to not think about it. And she interpreted it in the way above. Her comments seem contradictory to all of the boxes she checked. If I'm "malingering and playing to an audience" why did she check all of the other boxes? It's driving me crazy. Am I crazy to worry about how this will turn out for me? This woman was in her late 70s or early 80s. The exam was through VES and was done at her in home practice
  13. Hello all! So I was browsing around E-Benefits a few days ago and came across my digital C&P exam on my BlueButton list. The Doctor checked the "Total social and occupational impairment" box. What are the odds of that translating to me getting a 100% rating? Thanks for any and all help. - Phil
  14. How can the rating officers make completely false statements, and those overseeing those decisions answer to no one, totally unaccountable to anyone. They are "untouchable", and I no longer believe any of the regulations, UCMJ, or any other regulations. It is the biggest farce ever pulled on veterans, and one form after the other can continue for a lifetime, and sometimes does. I hate to have this attitude, but after what I have seen over the last three years, you realize that things are exactly as they appear to be. When you feel deceived, you are. When a file is missing, it was intentionally removed. When a record can't be found, it was destroyed. You are not imagining things, and you are not delusional, but you are being played for the suckers. Your research, documented illness, injury or disease, your evidence of occurring in service is useless if the VA doesn't want to man up. It will just lie, like the WACO, TX VARO, and finding an honest judge may be impossible. I have been told by the TX varo that the Army's own medical documents don't exist. I have them because they gave them to me after 46 years, but they don't exist if the VA doesn't want them to. I have learned a lot, had my eyes opened to some real truths about our governments employees and how low they willingly go, and what they will do. Fake news, fake UCMJ, fake regulations, fake laws basically describes the VA because it is not accountable. Those you believe in at that administration office will be the first to gut you, to deceive you, and make sure you are deprived of any benefit, truth, or justice. This is more of a statement than a question, and I have actually answered myself. Do yourself a favor and get a lawyer, not a VSO. They are sales people. Do sales people work for you or the product manufacturers? Go buy a new car and see how hard that salesman fights for you a lower price from his boss. Think about it. I don't need a response, I got it. Thanks. victor ray
  15. Are VA Vocational Rehabilitation counselors granted access to a veterans medical records or compensation and pension exam information? I went to a VA Vocational Rehabilitation Counselor in order to apply for Voc Rehab benefits. Would like to further my education. My Vocational Rehab Counselor and her supervisor stated that education is not feasible for me based on things that were listed in my C&P exam and by my civilian psychologist 2 years ago. (I have Major Depression & PTSD due to MST.) I honestly feel that my Vocational Rehab Counselor and her boss invaded my privacy. They are not health care professionals. I am in a much better place than I was two years ago. Are they allowed to view my medical records or C&P exam without my permission?
  16. I was diagnosed with Antiphospholipid anitbody syndrom and had two miscarriages and one of them was a stillborn baby. I recently had a successful pregnancy which was only due to daily injections of heparin an lovenox (blood thiners). Is this condition subject to disability compensation? If so, what would it be filed under? Please help.
  17. 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.
  18. I have been on 100% TDIU for several years, and now I am coming up on age 65. I have a basic employee provided health insurance plan through Aetna from my Teachers Retirement System of Texas. This TRS-CARE1 program has informed me that after age 65, that they will become a "secondary payer". If I understand this correctly, what was once an 80/20 plan (TRS-CARE1) now becomes a 20/80 plan. I have a number of questions/concerns in how that works with VA 100% TDIU Disability. The VA has been billing Aetna (TRS-CARE1) for services I receive from the VA (contracted rate, 80%, etc). How does this change when I turn 65? I am receiving SS benefits at this time, so I assume that I will be auto-enrolled in Medicare A&B. Correct? Do/Will I need to up-grade my parts A&B? What about part "D"? I currently get all my meds from VA, wonder if having an outside option would be worth the cost? How much of a supplemental insurance plan do I NEED? Can I depend on the VA to continue to cover me at 100%? What if I have an auto accident and am taken to a non-VA hospital room? Do I get stuck with the out-of-pocket expenses? FWIW, hit deer on Harley a year ago, spent 32days in hospital and VA re-hab. Got lucky since I never lost consciousness and was able to direct EMS to take me to the VA designated/contracted hospital... THIS TIME. Bill was over $200k. Everything got covered between VA and Aetna... THIS TIME. Still ride Harley, so what will happen under "Medicare" in an out-of-network emergency in the future? (my biggest concern) I have attempted to talk with Aetna, but all I seem to get are sales-people who refuse/can't give any advise as to options. They only ask WHAT do I want... Not helpful to me at all. And when I watch the news that TrumpCare wants to 5X elder health rates, I get very depressed. BTW my major disability is TBI, so that may be factoring into my panic/depression about this as well. Not having fun... 8-(
  19. So, here's the thing. I got off active duty in 2012 after 6 years of AD. Since 2012, I was granted 40% for my dual knee replacement after getting injured in combat. Since I was only granted 40%, I had continuously submitted for PTSD disability as I'm treated for it and have been for 2 years now through a non VA psychiatrist. I've had numerous sessions within VA Mental Health regarding my mental state, issues, etc. Now, about 2 weeks (Nov 2016), I submitted another claim after being denied about 6 times since 2012. I gave as much detailed information as possible. My symptoms, issues, etc. This is the weird part. I've never seen such a quick turnaround. The claim is already in the "Preparation for Decision" phase, with an estimated completion of Feb 2017. Could anyone elaborate on why all of a sudden the process is much quicker? I haven't received any appointment to have an evaluation and I'm just stunned. Does this have anything to do with Trump making changes to the VA? Any input would be much appreciated. Thanks brothers!!
  20. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  21. So here it is going on 4 years since I was honorably discharged from the military. Since I have been out, I seem to hit these depressing slumps of missing the military, wishing I could go back in (unable to go back in on account of a medical issue), having adjustment issues to not having the structure in my life as well as I am always "military minded" about how I deal with stress, people, other issues. I expect everyone have the same mentality from my family to my friends. I was treated once for anger issues while in the military, but this depression crap has me completely off the wall at times. I lose control when people make simple mistakes as well as ask me what I consider to be simply self explainable question. Am I even able to explain this to a VA Counselor or psychiatrist and have it service connected? Any input or advice is welcome positive or negative it is appreciated.
  22. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  23. Hello all, First, thank you all for your service! My claim was approved on some contentions and one deferred and two considered not service connected. I was increased from 60 to 70% while the other deferment is in development. My question deals with my award letter stating my increase from 60 to 70% is dated to Nov 1, 2015 and I received the letter today July 18, 2016. Will I receive a back payment for the difference of 60 to 70%(even though SOME of my claim is still in deferment) and if so when can I expect the retro to hit my account? Thank you for any information
  24. My husband( a Marine combat vet - infantry) received a call today that the VA is scheduling him an Independent Medical Exam. He is currently rated at 40% (Dec 2013) for back, knees, hip - service connected. When he only won 40% we appealed the decision and hired a lawyer. The lawyer immediately sent us to a specialist for my husband's specific disabilities which also cost us a small fortune, for an Independent medical exam. We found out after a battery of tests that my husband's condition was much worse than the VA's lousy exam expressed(big surprise there huh?). Our lawyer wrote up his case including this well documented evidence from our Independent Medical exam and documentation showing my husband's in service medical reports. First we had a de novo review with the help of our congressman where they didn't even read any of the paperwork because they didn't even put the right hip or knee on the report and basically said your exam doesn't mean squat and ours which didn't even include a specialist or the correct testing means more. So we are now waiting for a DRO review since November 2015. Questions: 1. Why do they want one of their hired "independent" companies to do yet another exam on my husband? It is to try and weasel out of giving him the disability he deserves? 2. Now I am so worried by the VA's actions that I'm concerned they will try and take his 40% away from him as well and this appointment for the Independent medical exam will do that. Is that a possibility? 3. Does the fact they are setting up an appointment for this Independent Medical exam mean we are getting close to his DRO hearing? The VA worries me to no end. I would appreciate any info or experience y'all have.
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