tdiu Tips On New Vso

[belle]

Hi all! Same old whines from the vets wife about no hope in site for the VA claim. Went to doctor lately and more tests are set up to compare to the earlier tests. We called the VSO (VFW Joe Humphrey) in Louisville. He has told us all along that his job deals with when the case goes up in front of a board or court. He has not helped us otherwise except pushed a few papers thru. When we requested froms from him, he sent some of the pages for us to fill out - now in the permanent record it looks as if we left pages blank on purpose, etc. It goes on and on with him. We are due a SSOC and the on to Washington. We asked about a hearing and he said today that we had to write him a letter about it. He had never said anything like that before - just alluding to the fact that that was when HIS job kicks in and he does his thing. We evened had to argue with his about presumption laws. Is he that clueless or is it just he is THAT much a yes man to the decision makers to always guarantee our denials?

I am positive we expected too much, thinking a VSO could answer questions about our case and advise us of tests, etc to prepare the case for the decision makers. This one knows nothing of the case and does nothing for it or us.

We think is time we got new VSO, but are so scared to delay case more. Yet we have never had any assistance of any kind in this from any VSO and truly dunno what to do or which way to turn. I came to this board whining before. And many are super and try to be helpful, but they are so far more advance then (me) as my husband does the going to the doctor and that's about all toward his case. I called Randy Fisher of Lexington and left our number - I hear he is good with the Gulf War Illness claims. My question is 1) Is it too late in the game to sseek help (a new VSO)? and 2) Will he be as overworked as the rest and not have time to really do anything to help? I am sending in statement to request a hearing due, and ask for TDIU. Other than his doctor's appts and testing at VA - is this all we can do to help ourselves? The years keep rolling by and the marriage is not gonna hold up. I just wanted to try and get him his disability thru VA before I leave. I cannot wait years more. Please help, and clues?? I need hope. Thank you again as always. -Belle (Sonya)

Edited February 27, 2006 by belle

[Pete53]

Belle Hadit can help but at least you know that your VSO is not really a help to your husbands claim. You probably should review the C File to see what other problems you have.

Good Luck

[Guest Morgan]

Belle,

I was told that with a pending claim, the POA cannot be changed until the VA makes a rating decision. However, I read online that as soon as a new POA is submitted, signed by the veteran and dated, that it automatically voids the preceding one, regardless of the stage of the claim. For sure, you can ask for a transfer to another individual SO within the same VSO if the veteran isn't satisfied. Some say the veterans service organization has the POA, not an individual. That's is probably the case, but I seem to remember the VA 21-22 offering a place to name a particular person. I might be wrong about that.

Would you like to tell us more about the claim, so maybe someone can help?

A side note here: Could it be that your husband doesn't help much with his claim because he doesn't want you to go? :P

Edited February 27, 2006 by Morgan

[belle]

LOL - possible want to disclude me, I say yes. I am like Ricky's wife, he threatens to restrain me should we get a hearing. But the truth is, he has brain damage and memory problems, focus, pain, fatigue. All the gulf war illness stuff. He let his claim lapse until right before we married and I pushed to get it up and rolling again.

His symptoms fit the law, his VA doc states same, and calls him 100% disabled. socal security granted him 100% within 3 months off applying with the VA medical records. But we get the same run around as the rest, no new and material blah blah blah.

Though he gets new tests with new results and submit them, they keep saying nothing new and material. I read all the stuff I can to see if I can help, but it's all way over my head. The people here are great I admire their knowledge and tenacity. I just get weaker and more fustrated by the day.

I do realize I sound completely whiny and deserving of no assistance when so many others are so straong still. I certainly do not want to get in the way of them and their attempts. I am just getting tired and weak. The damage to my husband is weighing heavily on our marriage and our lives. I feel completely alone, and since I never went to serve in the military I get wayy overwhelmed with the anagrams and units in service much less the laws and codes. Hoping that maybe a lawyer would take over since this next denial will be our last?? Just praying. I have posted here before with much of his medical info, etc. Maybe a search if you wanna see it?

Thanks for reading and reply!! :P

[belle]

I have heard C file mentioned before. I am positive this is silly question, but what is C file?

Thanks! :)

[Guest Morgan]

Belle,

The VA has a way of developing whiners. I'm not a whiner at all, but the claims process has certainly squeezed out a lot of moans lately. LOL And restraining becomes a greater possibility with every hour I work on my husband's NOD. I think I'm going to do as the attorney's site suggested and write a NOD saying, "I disagree with all of the denials in the rating decision dated ________." Then I'll get the statement of case so I will know how to pound them with law and rationale against the things that make me whine and moan.

Here's some specific Court citations and changes online. Go to "edit" on your tool bar then to "find" so you can search the document for "reopened claim." Something there might help with getting his claim reopened. Be sure to track on the Court Web sites the cases mentioned here, and read carefully the part about new and material evidence.

http://www.dav.org/veterans/documents/DAV_court_citations.doc#_Toc101316904

The C file is his claims file. The theory is it contains everything about every claim in safekeeping (I can hear the groans now)--service medical and personnel records, all original claims documents and other contact (even notes of phone calls to the 800#) received by the VARO and its own communications, remarks and investigation--even things the veteran might not know that the VA used to adjudicate a claim. They have to provide one copy of the entire file if the veteran requests it. It's important to get a copy.

Edited February 27, 2006 by Morgan

[belle]

ok. Yep, we got the 25 pound copy (C file), we noticed it is missing many of the things we sent in as evidence and had a few extra things we didn't expect (like blank pages of form packets sent to us to fill out). I was so mad. I thought the paperwork they sent us was incomplete, I even put the info I figured they'd need in the margins of the papers I had. Then saw in the C -File that there were pages never sent to us to fill out. No matter though, we abandoned the pension idea when VSO said it wouldn't really help us much after being granted social security disability.

I did get copies of all med records available to us - from military and VA. The VA doctor is great, on on hubby's side trying to help him. But the rating board just gets other 'experts' to say stuff to counter all the evidence and they go with that rather than his records.

Berta is a pitbull, she has advised on step by stepping the SSOC (we are expecting a new one soon, so I didn't go back and go line by line on the old one - should I?)

Here is the addy of my thread last month, it shows the great support this board offers. I am just hoping my brain can expand big enough to absorb and do what it takes to help hubby. I copy/pasted the GIST of his deal from that thread. Thanks for the help. :)

http://www.hadit.com/forums/index.php?showtopic=2340

Dear Sir:

Many vets are STILL battling for compensation (even just pension for

survival as disabilities remove work/income capability), as I have come to

learn over the years. I am one of them.

CONTACT INFORMATION:

>Gary Bourne II

>345 Copper Creek Road

>Crab Orchard, KY 40419

>Home Phone:

>Work Phone:

>Fax:

>E-Mail: artie114@hotmail.com

>

> INCIDENT INFORMATION:

>Date of Incident: 3/10/1991 or w/in the week of

>Location of Incident: w/in 5 kilometer of Khamisiyah

>

>DESCRIPTION OF INCIDENT: I am Gulf War vet. I was in the HHC 197th Inf Bde

>(mech) (sep) MP platoon.

>I was also attached to the 299th eng bn, we provided security for the crew

>marking the combat route, a part of Operation Flasher.

. We had chemical alarms go off,

>but saw no one writhing or convulsing. The alarms were dismissed as

>defective and all

>was called clear. After a couple of 'false' alarms', they were shut off

>(attributed to diesel smoke=false alarm).

They may have been working fine??

>*Although 2 of the units I was associated with, are listed by DoD as

>potentially exposed to toxic chemicals (within a 5 kilometer radius of

>chemical demolition), I was mailed a letter from Bernard Rostker that

>assured of NO exposure even a low level unlikely. Was also informed thru

>VA, DoD, studies and the media, that the vaccines we took, anthrax and PB,

>as well as depleted uranium and oil well fires, not to mention, pesticides

>and diesel fumes, could be toxic hazards.

>

>INJURY DESCRIPTION: Have 10 years or so, medical records from VA, with

>Gulf War specialist as my primary physician. But results of many tests with

>many different examiners on record. Diagnosed with basal ganglia and

>thalamus damage due to toxic exposure during my service. As well as chronic

>pain, fatigue, IBS, GERD, sleep disorder, memory problems, etc. I think it

>could be Gulf War Illness, as my symptoms are matching so closely. I have

>an appeal and a 2nd claim (or 3rd-need to ask VFW rep), it seems the

>decision makers are ignoring and dismissing facts. I need help. I am no

>lawyer and don't know the 'magic words'. I have cognitive degeneration-I

>lost 24 IQ points we know of so far, my memory , I take drugs for (when I

>remember too, lol). A real concern for LONG drawn out decision making and

>appeals.

>

>INJURY TREATMENT: I am 31 years old. I have been diagnosed with or treated

>for: arithrialgias, IBS, GERD, fatigue (no eitiology says C&P Final exam

>board)(stemming from anxiety says the rating board), weight loss, rash,

>respiratory (cold like symptoms), memory (now taking an Alzheimer‘s

>treatment for it), muscle/joint pain, lost ALL teeth, sleep disorder, 10%

>VA rating for high arched feet. , since my first complaint of fatigue in

>1991. I was declared 100% disabled by primary doctor in Dec. 2002.

And 100% by social security within 3 months of applying with the VA and military records.

I feel like a mouse in a maze, when I read the letters from VA "you have not

submitted new and material evidence", I thought a new dignosis of a disorder

and the test results proving it was pretty new and material, but where I am

not trained in law, I may be misunderstanding this.

Am I reading correctly, when I am reading that even though no specific cause

for the illness is proven, the VA will presume the association of illness

and toxic exposures, when vet served during specified time, in specified

area, and had certain (listed/named) signs and/or symptoms, for reason of

service connected compensation? I was there, an MP, in units listed as

potentially exposed to sarin or other toxins, I have suffered the listed

symptoms over the past 10 years or so (chronically and medically recorded).

I am disabled and seeking compensation relating to service connection due to

Gulf War Illness.

Every time I read the laws passed for Gulf War vets, I see clearly how one

would surmise I was afflicted with the mysterious illness. I have test after

test and x-rays and all medical proof of the illnesses, symptoms, disorders,

and signs my doctors have observed and noted. How can I illustrate this fact

to the rating board? That I AM one of the vets these laws were passed for.

It keeps getting worse, my illness, my memory, the toll on my marriage and family. My claim is awaiting SSOC from DRO and then on to Washington, it is in appeal stage I think. Any help or information would be greatly appreciated.