Just Another Noob

[Joe Everyman]

I'm nothing and nobody special, but I'm here because I'm angry and have to speak up. This seems like a good place to say what needs to be said, and then maybe it will be easier for me to deal with life.

About me: I joined the service during the first Gulf War, but spent my entire time in the continental U.S. I enlisted in Mortuary Affairs and worked on a rotation to the local county morgue as part of a joint training program between the army and local government. During my time at the morgue, I saw all manner of wonderful things, including the frozen screams which you may often find on the charred faces of little babies killed in a fire. I also saw fathers and mothers killed by criminals and little children beaten to death by those who should have protected them. I never served in war, but I never can forget their faces just the same.

The army couldn't send everyone in my occupational group to the morgue all the time, so we were put to work in other useful ways, such as picking up cigarette butts and parading around to the satisfaction of touring generals. The other days? Inspection, equipment maintenance, reefer unit packing and unpacking 101, and, best of all, inventory--how many times do we have to count these body bags, sarge? Until I get tired, private. I joke, but this was life. Can't believe it? Oh, beautiful Fort Lee, how I've missed you. Only two hours from Washington, D.C. and no real peace time missions for my MOS. One day, they asked for volunteers and I, desiring a more meaningful service to our nation, stepped forward. That was my first mistake I guess. I was assigned to a battalion task force that would save Uncle Sam money by taking over the duties of a particular service mission that was previously contracted out to private industry. I possess an award certificate with my name on it proving that my efforts helped save our government $350,000. I did not serve in battle or take a bullet in the hip, but I was injured during the mission--doing my job and attempting to fulfill the honorable obligation of serving my country. I will not explain how I was injured, because it is a very personal matter. I will say that it was caused by another soldier through no mistake of my own manufacture. I was utterly blameless in the matter, and for my pains (pun intended) received an injury of a humiliating and intimate nature.

I was no longer able to perform the functions of my MOS (heavy lifting a requirement) and remained unable to do anything, sleep on my back, or sit down for a period of about two months. Did the army send me home with a disability rating so that I could sponge off the government for the rest of my life? Did I meet sympathy or support as a result of my sacrifice? No, quite the opposite.

I was put out of the army for failure to pass a physical fitness test and branded with "unsatisfactory performance" as the reason on my official paperwork. I did not know my rights or that I should have been examined medically to determine whether I was fit for service. I have lived for almost twenty years with the results of my decision to serve: constant pain and memories of mutilated babies. My VA disability rating upon exit from the service for my "service-connected" (non-combat related) injuries? 10%--that's right, I received about $90 a month and the humiliation of explaining to every potential employer why I was put out of the army for unsatisfactory performance.

My problems and the $90 did not seem equitable, so I requested that the VA reconsider my rating 9 years ago. They rated me 30% at that time, which was still very poor compensation considering that I wasn't disabled enough to get social security, but was essentially prohibited from ever making a living wage. I have been unable to keep a job long term because of the limitations of my injuries, but I know that all of us veterans are just sponges soaking up tax monies so that others can work to support our lazy butts (SARCASM) and that VA workers really do care about us... (gag me, right).

At that time, I also asked the VA to look at my depression symptoms, for which I was humiliated and called a liar by those wonderful VA representatives. One good and wise soul went so far as to claim that I was attempting to scam the government and should be ashamed of myself. I fought this battle for seven years, and won in the end. I also appealed the reason for my discharge (which has always been honorable) and was finally rewarded last year with a decision stating that I had not been treated fairly and the reason for discharge was changed to "physical standards". Basically, it means that the army was right to put me out of the service since I can't prove that I was unable to do my job when they made the initial decision, but they don't feel comfortable laying the blame entirely upon me.

I am now receiving an 80% disability rating and cannot get a job. I cannot provide health insurance for my family. I do not get loads of wonderful benefits. I get $1800 a month and accusing looks whenever I attempt to get help for my pain. Even so, after almost twenty years on disability, the money I helped save the government in six months of my three years ($350,000) of active duty service is still much more than I have received (wonder how much interest they made on that money I saved them).

I am currently dying of unrelated illnesses, so my family will be left with nothing shortly, as they get nothing unless I am rated at 100% disabled for at least ten years prior to death. So, it's a shame that I could not have died on the battlefield twenty years ago and saved American taxpayers all the money they've had to spend on me. Now, the punchline to this joke is that those unrelated illnesses are the result of a genetic condition that manifested during the service, but of course they denied my claim... immediately after I requested a congressional inquiry into why they were dragging their feet on the claim. Then they denied an increase in my service connected disabilities rating, and the reason? Well, if I'm reading the explaination letter they sent correctly, their reason is because the rating personnel misunderstood what the examiner put in her notes--which are quoted in the letter, and which the examiner explained to me during the C&P exam. Funny, huh? But the joke is one me, and all of you other vets who have been defecated upon by some drudge hack pissed about their boring government job and all those lying, complaining veterans like me (SARCASM AGAIN). Oh, yeah, while I'm at it... I had sleep apnea in the service but didn't know what the heck that even was... my bunk buddy complained about my snoring constantly, but no diagnosis until 5 years after service... I'm not even going to try to get that one service connected. But I'm a lazy sponging slug who is just trying to get over on the system, so don't mind me.

[Joe Everyman]

Joe

I agree with you, and think you have gotten some great advice by some of the best at hadit. We all know that the VA will "delay you to death" if they get a chance.

Dont let em "sit on your claim". Secretary Shinseki wants to be able to "stay" Veterans claims not because they are not already doing that now, but because he knows Veterans do have some remedies for these delays. My suggestions:

1. Stay on top of your claim and respond promptly to any letters they send you. (VCAA letters, for example, have a form you need to sign and return) The VA would LOVE to be able to put your file in the "abandoned claim" file.

2. "Stir things up". Did you know, for example, you can apply for an "Advance on the docket" at the BVA if you have a "hardship" and certainly your "medical conditions" warrant an Advance on the docket. Be careful tho, and remember DOCUMENT EVERY PIECE OF PAPER YOU SEND TO THE VA by keeping a copy and sending it certified return receipt requested, and/or send it through your VSO who can sometimes document VA repeipt of your document for you.

3. Consider filing a Writ of Mandamus at the CAVC, tho that needs to be done last, after the other stuff.

4. If you think stuff has been shredded, go ahead and file a "Special Handling Request" (SHR) per Dr. Peak's fast letter 08-14. Even tho you may not qualify for Special handling based on their limiting dates, there is some doubt that the VA can limit this to shredded evidence only to 2008-2009. It was illegal for the Va to shred evidence prior to 2008, and it is still illegal after 2009. If you do file a SHR, you can send an IRIS every couple months or so and check on it, stirring things up. (The VA wants to make the shredding incident "go away" very badly). If you are not sure you have shredded evidence, you probably do, since this shredding was widespread, with the VAOIG finding evidence of it in something like 41 of 58 Regional Offices.

Thanks, Broncovet. I really need some advice, but I'm not sure where to begin or if I should start a new post, since this has been moved to the research board. Maybe I'll try posting it here and see if anyone responds.

I was struck in the tailbone with a tire rim while doing my job in 1994. When I exited from service I was rated 10% for "low back and coccyx disability" and listed among the reasons and bases on their rating decision it states, "Service medical records note that in June, 1994 the veteran suffered trauma to the low back and tailbone." The radiology report for my initial C&P exam actually states the following: "Sacrum & coccyx: reveals some right lateral deviation of the last coccyx segment. This may represent a congenital variant, or maybe on the bases of a dislocation or possible fracture. If clinically warranted, a bone scan utilizing special sacral & coccyx views may be of value." The VA doctor put in the official "C&P Final Report" the following however: "Sacrum and coccyx revealed some right lateral deviation of the last coccyx segment, which may be congenital variable." At the actual exam, the doctor actually told me that the only thing the VA could do for me would be to have me come in once a month for physical therapy at which they would attempt to massage my coccyx. He failed to explain how this would in any way alleviate my pain. I couldn't make something like that up. For this, combined with osteoarthritis of the lumbar spine, I received a 10% disability. NOBODY EVER MENTIONED THAT MY TAILBONE MIGHT BE FRACTURED OR THAT I SHOULD HAVE A BONE SCAN DONE.

After a couple of years, I decided to ask them to rate my tailbone or coccyx injury as a separate injury, and their official response, of which I no longer seem to possess a copy, was that they would not rate my tailbone injury separately because it was evaluated as part of the entire rating for my back condition.

In 2002, they decided to increase my disability rating to 20% with no need to appeal, but they began referring to it as "osteoarthritis of the lumbar spine with coccygeus-sacral muscle spasm.

Fastforward to 2007, I'm at a C&P exam for depressive disorder, and the VA quack proceeds to tell me that there is nothing more wrong with me than a strained back and that I'm just trying to get an increase in compensation by lying to the VA. I told him that that was not what the VA record showed and appealed the decision--ultimately winning in 2009.

Fastforward to 2009, I'm at a VA clinic, and a staff member hands me a copy of my diagnoses print out to carry to the font desk. I read it over and was amazed and angered to discover that it actually says in the list of diagnoses, "Back Strain". I complain to the VA and the VHA, I complain to the hospital and to the patient representative department. They assure me that they have fixed the coding to reflect my actual service connected condition. I check up a couple of days later at the clinic and it still says "Back Strain".

Now, fastforward to this past month. I get a response from the VA denying a claim for increased compensation for my back condition. This is their reasoning in a nutshell (the spelling and grammar mistakes are as they appear in the official paperwork):

"examiner notes history of your back disability since 1993"

"you reported symptoms of pain the lower back area that radiates into the sacrum and into the left hip area"

blah blah blah blah... I'm skipping their break down regarding my osteoarthritis

"The examiner notes a diagnosis of lumbar osteoarthritis with left sacroiliac dysfunction and coccydynia."

blah blah blah blah... lots of notes about why my back condition is less disabling due to a change in the law even though the symptoms have worsened since the last C&P for my osteoarthritis... plus its normal for someone of my stature and frame... blah blah blah

"the examiner reviewed the medical evidence an opined the athe current lumbar osteoarthritis with left sacroiliac dysfunction and coccydynia are at least as likely as not caused by the osteoarthritis of lumbar spine with coccygeus sacral muscle spasm"

"based on a review of your records and historical account of your military injury the examiner states that you portray a classic type of mechanism of injury would have torqued your pelvis and led to a sacroiliac dysfunction which would involve muscle tightness and spasms of the coccygeus sacral area muscles. The examiner further notes that this process has nothing to do with osteoarthritis of the lumbar spine, and is a separate injury and or condition; most likely this is the main generator of your pain, not the osteoarthritis of the spine which is an age appropriate... blah blah blah"

"The evidence does not show that torqued sacrum is related to the service connected condition of osteoarthritis of lumbar spine with coccygeus sacral muscle spasm, nor is there any evidence of this disability during military service."

Long story short--osteoarthritis of lumbar spine with coccygeal sacral muscle spasm still only 20% disabling... claimed condition of torqued sacrum is denied for service connection...

I sent away for the medical records from the C&P exam. This is what they reveal:

1. radiology report from this year: "x-rays of the sacrum and coccyx show calcific density on the right side of one of the lower sacral segments, which may represent old fracture at that site. Clinical correlation suggested. Radiolucent line seen in the segment just above this may be secondary to trauma... etc."

2. C&P examiner's actual notes: "Summary of all problems, diagnoses, and functional effects: Diagnosis: Lumbar osteoarthritis with left sacroiliac dysfunction and coccydynia"

3. C&P examiner's actual opinion in its entirety: "I opine that the veterans current lumbar osteoarthritis with left sacroiliac dysfunction and coccydynia are at least as likely as not (50/50 probability) caused by his osteoarthritis of lumbar spine with coccygeus-sacral muscle spasm"

4 C&P examiner's rationale for opinion "based upon the patients historical account of his military injury, he portrays a classic type mechanism of injury that would have "torqued" his pelvis and led to a sacroiliac dysfunction which would involve muscle tightness and spasm of the coccygeus-sacral area muscles; this process has nothing to do with osteoarthritis of the lumbar spine, and is a separate injury and/or condition; most likely this is the main generator of his pain, not the osteoarthritis of the spine which is an age appropriate... blah blah blah"

Am I crazy or did the rater use the examiner's rationale, intended to clarify that this should be granted service-connection and rated as a separate injury, to say that the examiner's opinion was actuallly the opposite of what she stated it was?

Pertinent facts and evidence:

1. service medical records from 1993 showing treatment for low back pain-- this is where the osteoarthritis began....

2. service medical records from 1994 showing treatment for tailbone injury and diagnosis of "coccydynia"

3. radiology report on exit examination that showed possible fracture to my sacrum/coccyx, which indicated a bone scan that was never performed by the VA

4. current radiology report showing that my tailbone area was likely, indeed, fractured... leaving me without proper treatment from 1994 until 2010.

5. C&P examiner states condition was at least as likely as not caused by my service-connected disabilities

6. VA rater states that since the examiner stated that it is a completely separate injury from the osteoarthritis, it therefore cannot be service-connected

NOW, FORGIVE THE CAPS PLEASE, BUT CAN ANYONE ELSE FEEL MY PAIN????????????

WHY ON EARTH WOULD SOMETHING LIKE THIS MAKE ANY VETERAN WANT TO GO POSTAL? GEE, I WONDER WHY VETERAN SUICIDE RATES ARE ON THE RISE?????????

IS IT JUST ME, OR DOES A CERTAIN AMOUNT OF INCOMPETENCE SEEM TO PLAY INTO THE VA'S DECISION ON THIS?????????????????????????

ADVICE OR SUGGESTIONS ANYONE?

[Berta]

If I were you I would write them a letter asking them to call a CUE (Clear and unmistakable error) on the decision you received.Cite 38 USC 5109a.

Refer them to copy of this documentation:

"In 2002, they decided to increase my disability rating to 20% with no need to appeal, but they began referring to it as "osteoarthritis of the lumbar spine with coccygeus-sacral muscle spasm."

And then refer them to copy of the actual C & P exam:

"the examiner reviewed the medical evidence an opined the athe current lumbar osteoarthritis with left sacroiliac dysfunction and coccydynia are at least as likely as not caused by the osteoarthritis of lumbar spine with coccygeus sacral muscle spasm",

Enclose the copies with your C file and name and address on them and send this, with a PO proof of mailing, to the VARO - send it Attention to and then put the initials that appear to the upper right of the letter that have the RO code number on the mailing envelope.

Also If I were you I would send a copy of it to their director- what VARO is this and I might have their director's contact info.

I would send them an Iris to that effect as well.File it at the VA web site as a compliant and not a status request.Be brief but tell them that "XXX" the initials should CUE their decision dated ----.

I have had so many problems with VA-one very similiar to this that I decided one more denial letter and I would send the VARO a few copies of "Reading for Dummies"

But my claim went to the BVA. They can read.

Bronco is right-sometimes you have to stir the pot.

Make the letter to the point

"Am I crazy or did the rater use the examiner's rationale, intended to clarify that this should be granted service-connection and rated as a separate injury, to say that the examiner's opinion was actuallly the opposite of what she stated it was?"

Nope -you aren't crazy-

as I understand what you have posted here-the VARO clearly erred.

This worked for me -I only used Iris asking them to CUE themselves- I gained their attention fast with the strong wording of my Iris complaint.

Unfortunately (it was due to a DRO who couldnt read) the VARO set up a conference so fast with my vet rep and the DRO that she still didn't have time to learn how to read and the resulting SSOC clearly revealed that.Or it revealed the Rep lied to me.

Either way-I used it as evidence for an H VAC hearing on the way this RO does business and as evidence to the OGC as to how my former POAs did business.

You DO have to stir the pot sometimes. If I had never done that with all of my claims,the VA would have walked all over me.

DO it in a nice way-because -as I see this- it can be corrected sooner than later.

You can also raise an argument that-as far as you know the rater is not a VA medical doctor with the expertise to overrule the C & P examiner.And the rater offered no expertise medical rationale for using the positive statement of the C & P examiner in order to deny the claim.

Do you have a vet rep? If not can you get one with an office in or near the VARO?

Edited July 9, 2010 by Berta

[Berta]

ooops forgot- after you cite 38 USC 5109A tell them the VA's evidentiary regulations they broke in this decision are found within 38 CFR 4.1,4.2,4.3, and 4.6 as well as within M21-1MR and their error manifestly altered the proper outcome of the claim.

[Joe Everyman]

ooops forgot- after you cite 38 USC 5109A tell them the VA's evidentiary regulations they broke in this decision are found within 38 CFR 4.1,4.2,4.3, and 4.6 as well as within M21-1MR and their error manifestly altered the proper outcome of the claim.

Berta, thank you so much for the info. It was the Atlanta RO that decided my claim. I live in central Georgia, so it's not easy getting to Atlanta to address my issues. I've pretty much had to go it alone because I've found that the service organizations don't really assist in complicated matters. For instance, I tried many times to get information from various service organizations about how to change the REASON for discharge on my DD-214. Most didn't return my e-mails or phone calls. One guy asked me, "Well, what do you want to do that for?" Gee, I don't know, maybe it's because the Army screwed me over when it said that I had to be put out for "unsatisfactory performance" when the fault was not my own.

Should I have them CUE back to an earlier date--say, initial service connection, since the fracture was never mentioned to me nor was a bone scan done? Or should I have them CUE back to the 2002 decision, or just this latest denial? How do I get the VHA to change my coding from "Back Strain" to whatever is actually wrong with me?

I will try to be kind when I do it. Thank you.

[Berta]

I just meant to ask them to call a CUE on themselves on the most recent decision , where the rater denied but the C & P exam seems favorable to an award.

Is the Reason for your discharge OTH?

I assume from your rating that VA has characterized your discharge as good enough for SC and VA medical care.

You could file for a correction of the DD 214 if you feel it might help.

Not enough info here yet to know .

Here is the DD 149 form to use.

dd0149.pdf

[Joe Everyman]

I just meant to ask them to call a CUE on themselves on the most recent decision , where the rater denied but the C & P exam seems favorable to an award.

Is the Reason for your discharge OTH?

I assume from your rating that VA has characterized your discharge as good enough for SC and VA medical care.

You could file for a correction of the DD 214 if you feel it might help.

Not enough info here yet to know .

Here is the DD 149 form to use.

Okay, that clarifies it for me. Thank you again, Berta. No, the character has always been honorable, but the reason was "for the good of the army" and they finally changed it last year from "unsatisfactory performance" to "physical standards". Sorry about the confusion. I will compose a response and use the IRIS portal. I actually had really good results with IRIS once before. I think you're right about filing it as a complaint because that was the only time I really received a rapid and positive response to my queries. It must send a flag to important personnel when a veteran uses IRIS as a valid complaint channel.

I really appreciate the advice.