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Request Help With Condensing Claim, Advice About Tdiu, Eed, Cue, Afu


SCID Vet

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Dear Vets,

Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA.

I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993.

Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis.

The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable.

The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent.

I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job.

VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP.

TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people)

Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall""

The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!)

I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file.

I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become).

That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there)

The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts?

Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this:

"If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU?

Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C".

I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve"

The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery.

I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that!

Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's

How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse:

"No air just came out of your penis, Mr Smith!"

I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say.

If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have.

Advice to all vets: Dont Take Opiates unless you have a year or less to live.

Opiates are the opiate of the dying. Dont be dying unless you have to

God Bless America.

Semper Fi.

Never, Never, give up.

Die before Dishonor.

Let the next guy know what got/ killed you.

{who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}

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Marine! Welcome aboard-

The HNP DC 5293-?

5293 is DC for invertabral disk syndrome-IDS

It might be the right code somehow- but - is this the C & P you got?

http://www.vba.va.gov/bln/21/Benefits/exams/disexm53.htm

The IDS C & P changed in Nov 2003-

I wonder how they are considering HNP ( herniated nucleus pulposus) as same thing- but they could be right---

Have you ever filed for the arachoiditis as secondary to your HNP?

This BVA remand shows what I mean:

http://www.va.gov/vetapp94/files1/9404498.txt

In this claim they lumped the veterans spinal disease in with his arachnoiditis-yet this claim (lots to read) could certainly help you -do you have loss of use of your feet in any way- seems to me you have potential of secondary for that-if this is secondary to the HNP-and it certainly could be-

Are the problems you had during Voc Rehab documented anywhere in the college records?

Can you get a statement from any students or teachers?

Can you get this walking problem documented by any one else?

Has the VA ever given you any exam to explain these walking problems as due to balance or the HNP directly?

You posted "then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates."

What are the buttload opiates?

Medication for a service connected condition can often preclude any employment- let alone Voc Rehab ability-

The BVA Remand -I tried to find it but couldn't -can you give us the Decision and citation date? It might not be on the web yet .

"The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though)"

It would help us to be able to read the Remand statement to see what they remanded for-

which is what you would need for the additional EED-

Do you get any SMC K awards at all?

SMC Special Monthly Compensation

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Marine! Welcome aboard-

>>>>>Honored. Thank for your time, attention, everything! thanks to Hadit. (is Hadit named because "vets have HAD IT with the injustices", so to speak? (just curious!) How about NOBSVETS? (did you smile?

The HNP DC 5293-?

5293 is DC for invertabral disk syndrome-IDS

It might be the right code somehow- but - is this the C & P you got?

>>>>>Yes, the 60 percent rating requires "persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to site of diseased disc, little intermittent relief. (I remember no relief, but whatever)

>>>>>>If memory serves, that is what the NSO wanted (in 1993) to go after, it had the highest possible rating (60 percent).

The IDS C & P changed in Nov 2003-

I wonder how they are considering HNP ( herniated nucleus pulposus) as same thing- but they could be right-

>>>>>I believe so, yes. they add a letter to "5293". I forgot what letter.

Have you ever filed for the arachoiditis as secondary to your HNP?

>>>>>>Yes, many many times from 1994-1998. Always denied, but separate rating granted for creative organ, neurogenic bowel, bladder, etc.

>>>>>>HOWEVER, they never say whether arachnoiditis or 5293 causing it (conceivably either causes it, arachnoiditis making HNP worse, by causing nerves to be unable to heal, scar tissue not dissolving)''

>>>>>In MY Opinion, it is like (the convergence of a spinal cord disease where scar tissue cannot dissolve, AND a chronic disc pushing on the nerves, an exquisite situation. Like the headlights being out on a car AND the windshield frosted over, driving at night. The two together are totally, multiply, worse. Like a cold day AND naked, or like black ice AND a downhill slope. (its very cold here today in Central Oregon)(lol!)

This BVA remand shows what I mean:

http://www.va.gov/vetapp94/files1/9404498.txt

>>>>>>ONce I reply here, I will print it out and read slowly, carefully. Remember, I am trying to concisely present all of this, so if I found an argument similar, I could reasonably follow the pattern in the appeal. (not copy facts, just the...pathway taken...in writing the appeal. THanks.

In this claim they lumped the veterans spinal disease in with his arachnoiditis-yet this claim (lots to read) could certainly help you

>>>>>>One thing I do not understand: Arachnoiditis IS a spinal cord disease- the nerves get stuck (scarred) together, so they no longer slide inside the spinal cord tube, or the cauda equina tube. Maybe will understand when I read the above case.

-do you have loss of use of your feet in any way- seems to me you have potential of secondary for that-if this is secondary to the HNP-and it certainly could be-

>>>Loss of use of feet: Hard to answer, can still ambulate some of the time. Absent reflex, achilles, trip and fall fairly often when ambulatory. Use walker often. When un-ambulatory, cannot sit up, use wheelchair, walk, stand for more than seconds. Takes up to 6 months to "recover". Left side worse than right. Honestly, is more like the pain in leg, back, makes it impossible to stand up, in that sense, cannot use feet. (sorry, know I am unclear here)

Are the problems you had during Voc Rehab documented anywhere in the college records?

>>>A little, but not directly, ie, good report card initially, then failing. Also, one "encounter record" from student campus hospital- pain in "Lat R leg". I happen to know why this is- I would lean to right in class taking pressure off of left sciatica, every day, this worked until disc started pressing on right sciatica. Woman who knew me, helped me, saw it all, unlocateable, (in New Zealand, back home) Person who was roommate similar, know name, cannot find. What might not be obvious here: Sitting makes the back pain, left leg numbness, other numbness, worse, always has. If the VA overlooks anything again, again, again, it is the inability to sit, even in a wheelchair.

>>>>>Also, should mention "Yes, definitely!" by Voc Rehab personnel, but this is AFTER the 1993 date where the VA already granted all the benefits. This still seems pertinent to me because they are quoting me, saying "pain is ruining his life, he is unable to continue in Voc Rehab" (from memory) AND this is speaking about my experience PREVIOUS in Voc Rehab.

>>>>>> Also, the VA medical file shows in 1992 showing up for E. R. unable to walk, couple times. (late 1991, to mid 1992) but these E.R just rubber stamp- it is not a mystery why I am there, so they dont really investigate- why should they? They just give me a shot, watch for hours, send home with relatives. Never admitted to hospital during this time for this condition.

Can you get a statement from any students or teachers?

>>>>>>>>I could, perhaps, as stated above. I do not think any teacher could remember. My thought was the couple times people (mormon church member owning shade tree mechanic shop) gave me job, then condition got worse (between chapter 31 participation) I have made some progress towards locating them. Suspect they will remember, because I was...going way, way, out to function (building simple scaffold in mechanic bay so I could work under hood of car, couldnt bend over fender, for example) so maybe I will be memorable after 18 years.

Can you get this walking problem documented by any one else?

>>>>>>Assuming you mean during the period in question, perhaps, as stated above.

Has the VA ever given you any exam to explain these walking problems as due to balance or the HNP directly?

>>>>No! they describe weakness in extremity (during time in question, 1986-1993) but again, this was an ER appointment for stepping on a rusty nail, it is mentioned, like it was already understood, noted in passing! (one of the two- four actual mentions of the S/C back problem objective symptomatology during period in question)

You posted "then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates."

What are the buttload opiates?

>>>MS contin 15 mg four times day. Oxycodone 5 mg, four times day. Previously, it was exactly twice this, but at my request, he cut it in half to above stated amounts. Motrin- 800 mg three times day- (turned out in 1989, went for "upper GI" (found nothing) but because working, eating aspiring and tylenol and doans pills, burning stomach) (eventually found for self, Motrin not to be used at all daily- use in extreme emergency only, works fantastic, makes stomach... do very bad things. Was just in hospital aug 29 05, bleeding from both ends, for example (detail left out so as to be considerate)

Medication for a service connected condition can often preclude any employment- let alone Voc Rehab ability-

>>>>Agreed. During period in question, I was eating OTC NSAIDS (mostly aspirin and Doans pills) and Tylenol (didnt know any better) like tic-tacs, but no prescriptions from VA worth noting until closer to 1993.

The BVA Remand -I tried to find it but couldn't -can you give us the Decision and citation date? It might not be on the web yet .

>>>Is on the web? Wow! I can give it to you.. its right here. "October 7 2005 Docket # 94-32 396 . The word "decision " does not appear in the document. it says "Remand" then about 8 paragraphs. Then it says "in view of the foregoing this case is remanded for the following" 1) AmC or RO get Voc Rehab file (apparently Portland VARO lied! They claim file was retired, even though it was never, ever in portland, EVER.) (sorry, VARO portland misrepresented the factual situation) 2) REFER CLAIM TO Director of VA comp pension serv, undersecret for benefits for consideration tdiu under provisions of 38 cfr 4.16b 3) AMC or RO should then re-adjudicated the claim, if denied, issue SSOC before returning to Board.

"The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though)"

It would help us to be able to read the Remand statement to see what they remanded for-

which is what you would need for the additional EED-

>>>>>If I understand correctly, youre still talking about the remand, above?

Do you get any SMC K awards at all?

SMC Special Monthly Compensation

Loss of use of creative organ

Neuro Bowel, Bladder.

not totally sure what K award is.

Thanks very very much for your time, thoughtfulness. Your questions help clarify the situation. I could live with it if I have no case, as long as I KNOW it.. then I could reasonably (honorably) let it go.

Thanks again.

SCID Vet aka Mike

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Mike- that might be a long decision-to print out-

but might help-

I am printing off your reply here-

to look over real good-

I think you might have peripheral neuropathy-

the nerves in the spine or other conditions can cause this from

pressure I think- I am not a doctor- but you seem to be describing peripheral neuropathy -numbness, inability to stand or sit----

PN is ratable- and could certainly be secondary-

lots here- I want to look over the meds real good-

Are they paying you at the 100% rate? plus

Then they are kicking in 3 K awards?

K award is about 84 bucks extra- for each K award-

You are a hoot !

"No air just came out of your penis, Mr Smith!"

That makes medical history-I better alert the media!

If it did maybe it is secondary to the loss of use of creative organ !

(just kidding!!!!!!!) I dont think they rate AIR!

Will post back here vet- after I look over this good-

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Dear Berta,

I attempted to find my docket number at VA where you pointed out the other arachnoiditis case.

Feel sure I looked correctly, but no luck.

willing to scan and post the remand, blocking out the Cfile number.

Last time I attempted to scan something, it was several megabytes per page.

Willing to type out pertinent part, if you specify what you want to read, as alternative.

Thanks very much.

reading the case you sent link of: Might take days to find out if a final VA decision has occurred on the arachnoiditis issue. Regardless, the time to respond has passed, since its been years for any issue other than the present EED for TdIU. as described below, not sure any reason to try for increased evaluation at present day.

Maybe noteworthy: No BVA decision ever made in any part of my case, claim, ever. People seem surprised at this, so I mention it to you. Remands only thus far. Only active claim that I know of: EED TDIU prior 1993.

One other thing: According to NSO in past, no reason to seek higher evaluation presently Since already receive 100 percent TDIU, what is the point (what gained) and "with the percentage you have an extra 10 20 percent isnt going to get you 100 percent, so just let the 20 years go by (from 1993) and the TDIU becomes permanent" (to make clear, be fair, this NSO realizes I can get confused, can mess things up, by trying too hard, by not understanding the law, etc., so maybe it is in my best interest to just "go away". It is not in my nature to give up though.

Fear if I stop pushing the rock up the hill it will roll back down over me, if you will.

As mentioned, unwilling to go to VA local to get help with SC dysfunction issues or other- the local clinic tends to downgrade, restate, minimize via ignorance, what the situation medically is with me. Also EVERY SINGLE TIME I got to the VRMC Portland, they make some kind of medical or administrative error, ie "no air was coming out of your penis like you say, Mr Smith" (got minor infection of bladder from that day).

Why do I tell you the above paragraph? I fear for my life when I go to VA portland. If they cannot believe me when I tell them they injected air accidently into my bladder (by using a lube-bottle almost empty of lube, full of air) then what next? Anyone who is above correction will never learn the right way. How do I know the lube-bottle is wrong? Because I was told so at the competent SCI clinic I was seen at in the mid nineties- hospital room air getting into lube-bottle and then injected into bladder causes bacteria and other to get into bladder. I am quite frightened of more treatment. Fear for life. The urodynamics study did NOT use CO2, but instead a liquid (forgot what kind of liquid, sorry). This mechanic can put two and two together in situations like this.

After all, repeatedly, I am told "nothing can be done, inoperable, have some pain pills" why go and risk more mistakes and injury if I have sworn off pain pills and Albertsons has motrin?

If I get real bad with new stuff, I will "Move" back to southern California and see the TRUE EXPERTS at the SCI/ Dysfunction clinic, VA Long Beach, at VAMC, Long Beach, calif. (these guys were AWESOME!)(Highly recommended to those of you needing GOOD VA TREATMENT for SCI or SCI/dysfunction!)

Sorry to ramble. Cannot see what above should be deleted.

SCID vet aka mike

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Mike- that might be a long decision-to print out-

but might help-

>>>>>Berta: It didnt seem very long. I have to read, walk away, read, look up stuff, etc.

>>>>>>Also, something wrong here in re Hadit-board. Cannot find...trail, post, after posting. Repeat: Cannot find this post after I post it. Hardly ever go to bulletin board before. Suggestions?

I am printing off your reply here-

to look over real good-

I think you might have peripheral neuropathy-

the nerves in the spine or other conditions can cause this from

pressure I think- I am not a doctor- but you seem to be describing peripheral neuropathy -numbness, inability to stand or sit----

PN is ratable- and could certainly be secondary-

>>>>>>>I am very surprised I never heard this before. As stated in my prior post, I don't know if it is relevant, with the combining method, even another 40 percent disability doesnt turn my current percentage (not totally sure what it is, is about 85 ( not 95 percent), (60 for 5293, 50 for dysthimia, that is all I know of) is what I have recently been told. Never seems important, since I get comp'd at 100.

lots here- I want to look over the meds real good-

>>>>that is reassuring. I have kept every pill bottle, always, back to 1991.

Are they paying you at the 100% rate?

>>>>>Yes, for TDIU.

plus

Then they are kicking in 3 K awards?

I dont know! I am totally sure I get comp'd for "loss of use of creative organ" (a k award, apparently?)

K award is about 84 bucks extra- for each K award-

You are a hoot !

"No air just came out of your penis, Mr Smith!"

That makes medical history-I better alert the media!

>>>>It's gotta be a classic.

>>>>Distant second best: Show up at "pain clinic appointment" with "Pain Clinic Appointment" notice in hand- Dr at VAMC says "We have no pain clinics at this hospital"

>>>>Scary third best: Local VAMC says "MRI not best for seeing metrizamide arachnoiditis, myelogram much better! (proposing to inject same stuff that caused the disease (per VA) to see the disease.)

>>>this is where I best walk away, getting rather upset.

>>>>whew!

If it did maybe it is secondary to the loss of use of creative organ !

(just kidding!!!!!!!) I dont think they rate AIR!

>>>You have a sense of humor! I likes that!

Will post back here vet- after I look over this good-

>>>>>Sorry to post unclear. Its new to me. Also, will endeavor to be more succinct.

>>>request: Hit me with reality, no pulled punches. Is my argument, among other things (inter alia):

"If vet is found to have serious employment handicap during period in question by Voc Rehab, did the veteran have a serious employment handicap for EED TDIU considerations same period of time" faulty? (already been submitted as argument)(remand a response to this argument, I believe)

mike aka SCID vet

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Yeah- the BVA doesn't have the last half of 2005 posted yet-

My point was -if a vet is not Voc Rehabable-they are unemployable-

Mike- do you get SSA disability? if so what for?

As I seem to understand the Remand as you quoted it (that does seem to be all we need to know----)

I get the point of the EED for sure-

and Extraschedular usually always means a determination of 100% -

under this reg:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...1.96.11&idno=38

Look at Part B- they are trying to determine if you were Extraschedular for the EED period of time-

Obviously they took your claim very seriously at the BVA

you did good so far-

PS- I never allow a vet rep or SO to make me think negatively- and I feel that they should NEVER discourage a vet from filing any claim-

A Gulf War Vet started this site because- as a vet she had HAD IT with the VA- and you will see that many of us here have not only had problems with the VA but also with vet reps and service officers-

PS that upper GI you had - that was some time back-

did they ever say you had GERD or ulcers from those meds?

(to cause the bleeding?)

Berta

Yeah- the BVA doesn't have the last half of 2005 posted yet-

My point was -if a vet is not Voc Rehabable-they are unemployable-

Mike- do you get SSA disability? if so what for?

As I seem to understand the Remand as you quoted it (that does seem to be all we need to know----)

I get the point of the EED for sure-

and Extraschedular usually always means a determination of 100% -

under this reg:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...1.96.11&idno=38

Look at Part B- they are trying to determine if you were Extraschedular for the EED period of time-

Obviously they took your claim very seriously at the BVA

you did good so far-

PS- I never allow a vet rep or SO to make me think negatively- and I feel that they should NEVER discourage a vet from filing any claim-

A Gulf War Vet started this site because- as a vet she had HAD IT with the VA- and you will see that many of us here have not only had problems with the VA but also with vet reps and service officers-

PS that upper GI you had - that was some time back-

did they ever say you had GERD or ulcers from those meds?

(to cause the bleeding?)

Berta

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Bert:

1) You say " My point was -if a vet is not Voc Rehabable-they are unemployable"

Yes, that is my argument, but they only decided that after years of intermittent Voc Rehab- VR decided that in late 1993-1994.

This is hard to say... but there is this continuity, being in VR, interrupted status, re-enter VR, etc, up to the point the VR people said "Vet unretrainable" in late 1993-or 1994. This seems persuasive to me, have used it for argument (have last argument in front of me now, very clearly the center of the argument).

Put another way: It took from 1986-1994 for me to give up totally, tell them (admit) I was unretrainable. Why is it MY opinion matters, when the VA VR evidence was building up all along?

Analogy: If one has to wait till the flood water level reaches the highest in New Orleans homes to decide the levees breached, did the levees actually breach before the high water point? (not trying to be cute, hoping someone can succinctly make the point I ...cannot, apparently)

2)Yes, get SSD, about from 1995, got it quickly, (1 year) solely based on available VA documents- before the "big findings" in 1986 were made by VA (and then backdated to 1993).

3) "Obviously they took your claim very seriously at the BVA

you did good so far". Once you say this, I can see what you mean. I can take this as a ray of hope I am not wasting my time, or stressing over a lost cause. Thanks!

Somehow I forgot this is all my doing. If I had educated myself in 1986 about what TDIU is, about how I MUST fight like a bear, MUST admit the disability, even PROMOTE it, I wouldnt be here still fighting today. Back then I would say "I'll live" (1984) "what dont kill ya makes ya stronger"(1985) all this macho BS that got very much in the way of adjudication. BTW "I'll live" got transformed on paper by doctor as "Vet feels this is something he can live with" (back problem). <----warning to other veterans.

(a little humble pie can be nutritious!)

4) your PS: It has happened many times where I annoy or take too much time (and I do!) of the VSO and then I can see they are telling me anything (at all) to get me off the phone, or out of the office. These people work REAL hard, and I CANNOT IMAGINE fighting like they do. Its gotta wear em out, I think.

I notice if you push your claim to the VSO, ie, tell them, show them, the evidence you have thus far, (put it in their hand, not explain it) the VSO seems to get more interested.

5) UGI GERD question: I just re-read the UGI study- it shows nothing at all. (1989) In reality, I remember the orange-peel-taste, was the one time I worked for several months, eating doans pills every day, several times a day, PROBABLY caused the stomach issue.

6) I was thinking- I am sure I got more than a 60 percent, a 50 percent. I believe some of the neurogenic issues were only compensated for (the neuro bowel, bladder) by a ten percent each. The creative organ issue was a separate thing not related to percentage, I feel pretty sure. I have already, last week, asked VSO to send me detailed info about what benefits got for what disabilities.

Does it makes sense to you to include the current status of disability according to VA, to help support the continuity of disability back through the period in question?

Thanks,

Mike aka SCID VET

5)

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  • HadIt.com Elder

I can't help you much but I do have some advice. When V.A. failed to mail notification of a decision to you at the latest address of record they left a claim pending. See 38 USC 5104 and 38 CFR 3.1 (q). To get some ideas on this concept of pending claim visit the website of the U.S. Court of Veterans Appeals and search cases under pending claim. Are you on social security disability for a service connected condition? If so you can have social security submit medical records to V.A. in support of your claim for tdiu.

Dear Vets,

Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA.

I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993.

Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis.

The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable.

The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent.

I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job.

VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP.

TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people)

Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall""

The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!)

I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file.

I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become).

That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there)

The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts?

Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this:

"If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU?

Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C".

I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve"

The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery.

I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that!

Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's

How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse:

"No air just came out of your penis, Mr Smith!"

I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say.

If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have.

Advice to all vets: Dont Take Opiates unless you have a year or less to live.

Opiates are the opiate of the dying. Dont be dying unless you have to

God Bless America.

Semper Fi.

Never, Never, give up.

Die before Dishonor.

Let the next guy know what got/ killed you.

{who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}

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Dear Delta,

Thanks very much for taking time.

The CFR numbers are very helpful, thank you. Will use that for sure.

Yes am on SS for SC conditions, but applied very late, so only was effective date to about 1994 (not exactly sure, approx) AND the SS only used the VA docs for their decision. (Granted SS after first denial)(hear that is unusual)

I am intending to submit the SS earnings record as evidence, shows very sporadic work.

Thanks very much, Again, Delta.

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