Received Partial Decision

[cannoncocker]

2 Questions not knowing whereelse to post them and they are in a general nature

1. The decision document stated:

Dated June 23, 2009

Claim submitted April 22, 2008

In the decision paper it stated:

We have deferred a decision on the following issues because we need additional information or evidence:

1. Chronic Anxiety

2. High Frequency hearing loss

We have requested a medical examination. You will be notified of the time, and place to report.

In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office.

The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009

KAY MARIE ARADO M.A.,CCC-A,FAAA

Speech, Language and Hearing Service Providers Audiologist

80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US

Tel: 828-684-8501

Which I completed. I have no other exams scheduled.

Do I just wait for the VA to act or can I fulcrum the system to schedule the exams by their own document states I should already have?

2. Chronic anxiety. This is tied to question 1 since no exams have been scheduled. I experience panic attacks chronic anxiety but I was a special weapons chief so it was not the sort os thing you would discuss if you choose to keep your job. i have document the orgin with the VA psychologist but does anyone have any suggestions they would putsue in this situation other than what I have done, ie maintain my VA psychologist appointments?

Last and only issue I have is I was denied Lumbar Spine injury with radiating pain. i was in the field artillery for 6.5 year in 155mm qnd 8 inch ronds with a smal frame 5'6" weight 130 lbs. I have an Emergency Room copy of my progress notes, but they naturally saw medical discharge written all over me since I was going to ets in about 2 months, but they did no x=-rays etc, described chief complaint as pain at waist level. Who could dodge an issue better than that? Who would walk in an emergency room for the first time in their life and tell the doctor I have pain at my waist line? That doesn't pass the laugh test. If you can move then do so towards the door. They precribed motrin and said hit the bricks. I went back later to my company medic for a change of medicine, which he gave me anothe nsaid type thing, after I took annual leave to recoup, which I had planned on cashing out.

I have 2 current MRI's which show one screwed uo lumbar with a pinch S1 Root Nerve which i take hydrocodone for. Various buldges, protrusions, extrusion, and degenerative disease.

Any suggestions to pursue a dissagrement with that decision?

If I should break this up and post elswhere please tell me.

Thank you for any help.

[Testvet]

just a couple of thoughts you said you have contacted your congressman and senator in my opinion that was 2 too many at this point in your claim process all that does is pizz of the VARO and they handle "congressional inquiries" the same way the military does they send a letter saying we are doing all we can to help this "veteran/soldier" and we are in the middle of working the pending claim we will keep your office notified of our progress. If we cna be of further help to you please contact us yada yada yada and in the meantime your C File had been pulled from the raters desk or it's place in the stack of claims the rating team has to work on and when it goes back to the team it goes to the back of the line delaying again your claim getting worked

I am an expert on how to pizz the VARO off and contacting elected officials is the quickest way and does nothing to inspire them to give you the benefit of the doubt on anything keep elected officials out of it

your pain radiating thru the buttocks is called sciatica caused by the pinched nerve at S1 I know because I have the same problem along with three herniated disks L3, L4, L5 and S1 which the VA refused to operate on due to heart disease. They keep me supplied with percocets instead

the VARO likes to defer issues and then claim a year later that those issues are closed do you have "new evidence to enable us to reopen them"? If not they are officially closed I just kept filing new NOD annually for the same issues since Dec 2003 they finally awarded my heart problems after a BVA hearing in feb 2009 the award letter was issued by the BVA judge on April 7. But the annual NODs kept the issue open for 7 years so they couldn't claim the issues were closed documents claiming that I agreed appeared in my file saying I agreed to drop all issues in Dec 7 2005 I never signed such a document the document they produced had the date stamp on a seperate blank paper and Dec 7 2005 was a Wednesday and all vets that have ever dealt with the DAV, VFW, AL etc know that their offices are closed to veterans on Wednesdays due to BVA hearings all day they refuse to see vets also friday they are closed to "catch up" the weeks work who created the funny document I have no idea but the Judge didn't buy it either.

You are your own best advocate a SO is usually worthless every SO I ever saw told me I would never get my heart disease SC secondary to my PTSD I did and they were wrong, I was told by one that I should be happy with the initial PTSD award at 50% and that was more than most vets get and I shouldn't be so damned greedy and drop my appeals

I could not work and can never work again 50% was not fair compensation so now I am 100% PTSD 60% CAD and 10% hypertension so in the end who was the better veterans advocate me or the SO's who told me to quit

stick with Hadit and educate yourself you will get farther learn to have patience thats why we are all here we have HADIT with the VA and most service organizations.....

[cannoncocker]

First I would like to thank john999 for your input. Very generous of you and would have thanked you before but had gotten off work and just went blank, but you are appreciated!

Test, How can i put this, well, you are spot on , nail on the head if you want to irritate any of that system, go over their head in any way, and yup, that'll do it.

The bain of my VA exeistence has been any and all SO's that were generous enough to give me 2 minutes of 1/10th of their attention. They were either dead wrong or so condescending Mr. Vick(Football) treated his worst dog with much more respect. I can put up with alot but they are beyond belief. Will they return a call, no! Will they respond to a fax, no.......

Cutting to the chase I was in a position of standing there not knowing which way is up I did what is my tendency is threw crap against the wall and see what sticks. One Congressman Schuler's VA Constituent Assistant got me through this since they have a VA liaison who actually stayed with me on this and gave me a little good aadvise but mainly gave me a sense I was not alone and that matters to me!

Piss off a VSO, or the rest of the band, brother I invented that maneuver, so we have some in common. now I have a partial decision and know a little more, know where to ask I tend to work and play well with others much better.

1. We have the same deal in the Lumbar region, if it will protrude, extrude, segregate , degenerate it did. But now they are saying they didn't my evidence, which I leave for times sake. Get this, I was do PT and doing my regular routine and while doing situps not long before it was reup time. I had pain that I did not know God had invented. I have never been in an emergency room before but this was transfixing. There was no option but to go to the emergency room. On pt complaining of section: pain at waist line. Now who the hell tells a dr they have pain at the waist line. That covers a little too much area to be credible. Bottom line they gave me the bums rush. Who prescribes motrin for pain at wasit line. That doesn't even begin to pass the laugh test. I took 30 days annual leave to recoup, which naturally I was plannind on cashing in. I changed to another med at my unit aid station and they changed the diagnosis from pain at waist level, ha ha, to low back pain and changed meds to some other souped up asprin. Afterwards my unit commander gave me light duty running a gymnasium and tournaments until I completed my duty after I figured my back wouldn't allow me to continue in the Army. 6.5 years of the best years of my life right down the drain. Not a lot of call for a connoncocker in the economic world right. I ETS'd then and did light work for my brother while I finished college. The rest of my life I worked as a DAC and flipped houses, none of which put much pressure on my lumbar, but age and time here comes the pain. Neurologist offered pain meds, PT, epidural injections, surgery. Currently using pain meds, completed PT, and on the TENS UNIT.

As a SGT. how could I make them take an Xray of my back, or make them do anything. They offered me E-6 but because of the back I had to leave. If I could I would sue them for malpractice. Diagnosis: pain at waist line. That should get their license removed. then when It got so bad I just had to seek treatment the MRI told the story.

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How would you connect that to my service. I have the ER notes and the notes from my unit changing diagnosis, MRI's, and Neuorology consult that showed new and old inter disc leakage idicating this is not a new injury.

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I already went to the local DAV VSO and we filled out a 21-4138 basically outling the above presumably requesting a reconsideration.

2. Next issue is QTC scheduled a psychiatric appointment. I am not going into details here, but I spent most of my service in Special Weapons so you didn't discuss your problems and expect to keep your secret clearance and therefore your job. So the events at issue were not documented but the VA psychologist has accepted it:

AXIS I: 300.1 Panic disorder W/O Agoraphobia

311 Depressive Disorder NOS

300.02 Generalized Anxiety Disorder

AXIS II: 799.9 Deferred

AXIS III Chronic pain, hypothoythroidism, hyperlipidemia, hypertension.....

AXIS V: GAF:50

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any suggestions on how I should approach linking these to my service and how to approach the actual psychiatric evaluation scheduled by QTC?

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3. High frequency hearing loss ( already SC at 0% right side) QTC called me and said the hearing loss decision was deferred to clarify something (whatever that means, what aspect etc.)

I am satisfied with the rest, but that is satisfied through uneducated eyes, but since nobody in my area is going out of their way to do anything bt cash their checks. Cynical but it is what it is.

Test, I will follow your advise about leaving the politicians out the issues, but I do want to maintain my relationsjip with congressman Schuler's apparatus since it has proven the only truely useful help!

Also, OMG three herniated disks L3, L4, L5 and S1 I feel your pain. I wish I could post my MRI's. They have me on 5mg of hydrocodone and act like I'm on a heroin drip. I mean with my physiology it doesn't even tickle. They had me on 5 mg of valium but I had to stop them because they made my body ache, Doctor I had left now it's a whole new ball game. She wouldn't care if your head fell off tylenol would take care of it. Since I do my therapy with a psychologist he has to go through Dr tylenol.

Any and all comments would be of great help/will follow your advise and do as much as I can by myself because when push comes to shove, who will work harder for you than you, regardless of what they are getting paid for.

[cannoncocker]

I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me.

Actually the VA hasn't really treated me that bad. I don't agree with their asseeements in total but at least they were civil and would respond.

I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me.

Actually the VA hasn't really treated me that bad. I don't agree with their assessments in total but at least they were civil and would respond.

[Pete53]

Cannon:

After 5 years of oiecemealk results I contacted President Clinton by email. I won in less than 2 months once one of his people looked into it. After I won I got a personal message from the President thanking me caN YOU BELIEVE THAT?

[Berta]

I am still stuck on the fact they didnt send you a VCAA letter.

The one I got was totally improper and yet my reps (to include the director of this outfit ) insisted it was correct.

I also did not get a VCAA Response form-which apparently they didnt send to you. ?

Although I sent evidence to the VARO for 6 years-they ignored all of it and said I did not reply to their requests for evidence on the election notice-which they never sent to me -so how could I reply-and which the faulty VCAA letter I got clearly shows there were no enclosures such as the election notice.

The BVA recognized this critical error but by then it didnt matter.They awarded my claim.

Still the VARO Buffalo VCAA violation was the prime reason (as well as a state vet org on my POA condoning this critical error) for the VA to ignore my evidence for 6 years.

Only one state rep actually read the letter I got and immediately said it was illegal and unresponsive to the whole point of the VCAA.

These reps should be fighting with them when they fail to send out proper VCAA letters.

I asked COngressman Filner to propose an amendment to the VCAA quite some time ago because if one sees how many remands occur because of VCAA violations-this is a big reason for the backlog.

Since then I have gotten off the track on that and last discussed the AO Equity Act with him-my amendment- I have no idea where that went-

An inaccurate or non existent VCAA letter

is a legal error on VA's part which denies us our basic rights under DTA regs.

When VA gets a claim so obvious that it must be awarded (like DIC claim from legal spouse of a Iraq vet deceased due to combat)

they ask for the marriage license, death cert etc etc but do not have to send out a VCAA letter because the award is obvious.

But that is not the case in most claims they get.

Did the DAV formally request a Reconsideration on your claim?

That does not stop the NOD clock.

Have they actually denied anything uyet or just deferred issues?

Nexus is everything.

You need to provide evidence to establish a service nexus (a link) to all the conditions you claimed.

Did they make any other statement whatsoever on the anxiety claim other then not mention a C & P?

[cannoncocker]

Pete53 you are my hero today! That gives us little guys hope and encouragement to continue to fight for what you believe is right. I probably I went political too early, but I didn't know what I knew then or the people I know now, but picture yourself, as many of us have been there, standing alone fighting a war, no idea what the rules were, not one person willing to spend more than 4 minutes off the top of their head, not knowing but a snipet of my claim, represent you. Don't get me wrong, I refuse to go crawl in a corner and just take a pounding and not fight back, sorry but I wasn't made that way. You need to open a home office writing VA letters since nothing speaks like guts and success, both of which you demonstrated. Being right doesn't hurt either.

Hi Berta, during this entire 14montha I have received, and only one VCAA NOTICE RESPONSE dated like March 09.

This Decision Leter in its entirety included Forms:

318/XXX/XXX

21-8764

21-686c

28-1900

28-8890

4107

I am beginining to see more importance our reps play in this but I still need to evaluate their partial decision before I start going nuclear. But I will if it comes to that point.

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"Did the DAV formally request a Reconsideration on your claim?"

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I know I am a dummy in this regard but the difference between an NOD and a letter of Reconsideration eludes me. This is what I did. I got the letter of partial decision and went to the DAV rep at the Asheville, NC VAMC, we didn't actually submit any new evidence but basically summed up in a concise way on form 21-4138 (knowing the diference between the two would really help)!

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Have they actually denied anything uyet or just deferred issues?

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Yes, one claim: "Lumbar spine injury with radiating through buttocks down leg." Sciatica

Eveiidence subitted: Active duty ER notes from Ft. Polk, diagnosis pain at waist line (yes you can stop laughing now) I have never been to an er room either civilian or military before this. No x-rays, just prescribed motrin, I told them I could bearly move, they responded you got in here, you can leave the same way. As a sgt, what could I do but have my brother, who filled out the statement form, who had driven me to the er, afterwards I took 30 days annual leave to recoup which I was planning on cashing in like anybody else within a few months of ets, but had to use it for the recoup, then submitted notes from unit med clinic which changed diagnosis to low back pain and changed pain medication, the unit commander gave me light duty, putting me in charge of the post gym and ran tornaments. Then ets'd worked light duty for my brother while I finshed college, the spent years as a DASC, and then flipping houses, non of which put pressure on my lumbar continuing pain. I have two MRI's from Dec 2006 and Oct 2008 which clearly show S1 pinched nerve, extruded discs, protruded discs, degenerative disease, separated disc fluid.

They should be sued for malpractice! No X-Ray, they just straight bum rushed me.

who may I ask ever in the history of mankind ever went to the Emergency Room ever walked in and complained of pain at waist line! what is that. No X-rays. What is Motrin prescibed for? Yes my #$% back. They saw my ets was soon so they decided I was in there for the med. compensation. That was 30 years ago so I would say that was not the case. wouldn't you say?

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Nexus is everything.

You need to provide evidence to establish a service nexus (a link) to all the conditions you claimed.

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Do you believe I should go to a neurologist(suggestion) to further back up what I am saying?

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Did they make any other statement whatsoever on the anxiety claim other then not mention a C & P?

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No, just that it was deferred and a psychiatric exam was scheduled for August.

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Should i submit the psychology notes that have accumulated since /i last submitted them?

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Any further wisdom/experience you can provide as always is worth its weight in gold!