hypertension Power Of Attorney

[Billyboy]

My case is fairly new, June of 2003. My P/O is the California Dept. of V.A. and they are crappy or worse. I have mailed a letter to my congressman complaining. I have asked the dept for help and not one letter, phone call or email. Sorry, I find my self venting.

I have one outstanding claim, Hypertension. When that is denied all my claims will be denied at that point, I think the next thing is the appeal? I want to change P/O and I don’t want to start over again. The Purple Heart Group in Fresno tells me when all is denied I can change P/O’s. Please shed some light on this. bill

[calton]

Yes, the California Veterans reps. are completely worthless and you should stay away from them. They are just collecting a VERY high salary. I think that you can go on-line and change your AO at any time, but I might be mistaken. Good luck.

[Berta]

A POA has to be recinded in writing with your signature and then you have to make sure the VARO gets a copy too and changes the POA info on your c file.

No faxes are acceptable for a recind.

California state vet reps have a boss who you can complain to-

Gov. Arnold Schwarzenegger

He has a web site on the net.Remember-he was the Terminator!

And he is their boss.

Edited August 21, 2006 by Berta

[Billyboy]

I have done a lot of this my self with a lot of help from a 100% vet. The problem is I am very bad with words. You ALL have been most helpful but if it were not for spell checkers I’d toast.

To you Berta, I know I can change but if I am connected for something else after changing (Hypertension) will I still receive the back pay to my original claim?

[Billyboy]

1968 Army VV, YOU ASKED FOR IT! No purple heart, here’s the story;

Filed claim 6-6-03, after some fighting and testing I was connected 5-5-05 for hearing loss 0%, and tinnitus 10%.

Night sweats, first and second round, denied

Sleep disorder, first and second round, denied.

PTSD connected 11-28-05, evidence used by VA

VA examination scheduled June 1, 2005 (IMO shrink report)

Treatment records, VAMC, Fresno, from September 7, 2004 through October 13, 2005

CT of the head, VAMC, Fresno, dated September 21, 2004

This is the wording VA used “Major Depressive Disorder (claimed as post traumatic stress disorder, sleep disorder and night sweats)” 50%

They never tested me for sleep disorder; VA just included it in the MDD rating.

Other complaints: all denied

Knee pain, neither occurred in nor was caused by service.

IBS, nothing in file to indicate IBS.

Head injury, your service medical records make no mention of any head injury, nor do they show anything that might be a residual of head injury. Service connection is denied since neither occurred in nor was caused by service

Headaches your service medical records make no mention of any headaches. Service connection is denied since neither occurred in nor was caused by service. The last time they denied headaches VA ask if I wanted to file a claim for Hypertension? I mail a letter stating I did.

Low Back Pain. Your service medical records make no mention of any low back injury, nor do they show anything that might be a residual of low back injury. Service connection is denied since neither occurred in nor was caused by service.

The last denial I have states; A review of the C-file shows you were denied service connection for a back condition initially on the basis there was no evidence this condition occurred in or was caused by military service.

The additions records from Central California HCS from 1024-03 through 11-16-04 do not warrant a change. They show your degenerative joint disease of the low back but do not relate this condition to military service.

In your statement you indicated you slipped and fell which was witnessed by Mr. Springborn. The statement provided by Mr. Springborn is negative for any account of an injury. (Mr. Springborn is NOT a doctor) and (This statement is the reason for the CT of the head) The evidence does not show the current chronic back disability is related to military service.

When connected for MDD the VA used a “Statement of Fact” from Mr. Springborn testifying I had slipped and fallen and struck my back and head. The VA request local VA hospital to do a CT and found “small low attenuation density in left basal ganglion area probably related to old infarct” This lead to an out side opinion from a shrink that stated, “His depression disorder is at least as likely as not caused by or a result of his military duty”

Exposure to lead particles in scrapping, chipping, sanding, painting with lead primer and paint and cleaning up solvents. Constant refinishing deck of the ship. Mere exposure is not considered an actual disability condition.

Also filed a claim for 100% IU. Denied. “Entitlement to individual Unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Then they say I don’t meet the 70%, and last “This case has not been submitted for extra-schedular consideration because the evidence fails to show the veteran is unemployable due to service connected disabilities”.

I have been unemployed for a year now.

Well I have ran this through the spell checked a couple dozen times, if you wan to read all this, good luck, bill

[Berta]

Bill- do you get SSA disability and is it for any of this SC stuff that you get-or are attempting to get SC for?

Is Mr. Springborn from your unit or duty station when the fall occurred?

A witness doesn't have to be a doctor-their assessment of that is odd-did this man see any medics come to help you or hear you say you were in pain etc?

Did he give the VA enough details?

If this was an inservice fall I suggest you add that you claim residuals of this fall as documented---

"small low attenuation density in left basal ganglion area probably related to old infarct”

to your claim and attach to this letter a TDIU form. I will attach it-VA form 21-8940.

If a veteran can prove they are unemployable due to service connected disability , the VA has to consider them for TDIU or 100% direct SC due to unemployability-

the 70% they are stating is hogwash.

or words to that affect.

TDIU_form.pdf

[Berta]

"To you Berta, I know I can change but if I am connected for something else after changing (Hypertension) will I still receive the back pay to my original claim?"

Yes- I did this - one POA rep (the DAV) got the accrued 100% SC award letter credit ,I rescinded POA with DAV and the newer POA I acquired (State Division of Vets-NY) got the Sec 1151 award letter and credit for the entire Section 1151 claim ( which I had to explain to him-he was surprised-

He got new claimant as client,me- and Bingo the claimant gets an award letter-

Make sure you have all you need before rescinding- my DAV NSO S--t canned my stuff.

I think the DAV is WONDERFUL- they do plenty to help vets-I support this org.

Like all other great vet orgs- they need to keep their vet reps up to par-

Service rep divisions of vet orgs are but one part of what the organization is all about.

The DAV, VFW, VVA, and AL and many others are always fighting for you all-

In testimony to Congress, and many other ways---read their web pages and mags-

and their testimony to Congress- much published at the VA web site-

it is a shame that bad vet reps can affect the whole image of veterans orgs.