Hearing Coming Up

[Dean]

I got a letter the other day and was told that I have a hering in about 3 weeks. I do not know what is on my docket at all. I have so many things filed, I do not even know whatthings that the hearing is about. I have went through this before. It sux how they do not tell you in the letter that the hearing is about. When I call the idiots in Atlanta they tell me that they do not know. The person acted like it was a problem to just answer the phone. I finally found out what was on there but I can't count on her to be correct since she was trying to get me off of the phone every time she got finished with a sentence. I was writing this as I was on the phone.

I am thinking that Depression will be on the docket along with other things that I have filed. I have been trying to get service connected for depression for a long time now. The only way that I think that I can get them to do this is to explain to them that the depression is secondary. I have tried to get every doctor to put that in my records. I have been denied for this even though I gave them the record years ago to look at that this doctor put this on. Now I have to find that 1 paper in about 5 boxes of my files. I am going to try to get a copy of that record from the V.A. but it was years ago and the doctor is gone now.

If anyone has any idea's that can help me please send me an e-mail. I am going to be up to my neck in paperwork for the next couple of weeks. Thanks in advance.

[Dean]

Dean- just thought of something-

Please correct me if I am wrong-

Did you have a Section 1151 issue we discussed quite some time ago?

Yes Berta I do still have that 1151 Claim. I have not filed it yet and my 2 years will be up in March. I have been trying to get a service officer to help me with that. If I get help on this hearing, I plan on submitting that with the person that helps me. I just recently within the last 6 months gotten the 100% Disability pay for it. I did get them to give me 2 months pay for it, but they failed to send me the letter stating how much I got and why. I have been working on this case in Washington so much that the 1151 was put on the back burner. It seems that Atlanta does not care about anything that is in my Temp file at their office. They have refused to work it because of my case in Washington. My temp file would help my T.D.I.U. if they would work it properly.

The 1151 case is pertaining to my back disability which as far as I know is going to be discussed at the hearing. I plan on taking the files from that surgery and statements from my Surgeon to my hearing.

You told me to let you know when I got ready to file for the 1151. I have been ready but I did not want to have to bother you. I just need an outline of one to go by so I can input my information in it and take your out. If you could send me your with your personal information taken out, it would help.

Sec 1151ers get SMC consideration as well as SMC under 1151

What exactly is this?

((("The stressor before inservice does not actually apply to me. I have to use the stressors from my family on how my disablities affect my everyday life. I am hoping that what my daughter tells them will help them understand. Can you tell me how to look up the one's here on the board?"

I dont know what you mean Dean- by the stressors here-)))

Yes I was asking about the hadit board files on this.

((I think maybe you meant other posts on stressor or nexus-they should come up under Search in a space below the topic list - I think the search term has to be more then 5 words- ???))

I am hoping that my wife and daughter and mother can explain to the judge what I go through in everyday life. My daughter has missed a lot because of me being disabled, and is willing to tell the judge how my disabilities affect me and how that has affected her.

Have you had time to read my entire case that I sent?

I wish I could get opinions from more people on this. It seems like you are the only one with answers. Your answers are great, but more opinions might trigger something from you or me.

[Berta]

"I just recently within the last 6 months gotten the 100% Disability pay for it. I did get them "

You mean the VA gave you 100% under Sec 1151?

Or was this the Temp convalescence VA disability award?

Section 1151 claims- no form, no special format

To the VARO:

This is a claim for service connection under 38 USC, Section 1151.

I believe that my complete VA medical records will reveal that my disability of ______ was improperly treated by the Veterans Administration and due to this negligence, I have suffered additional disability of ____________.

I refer you to the specific evidence enclosed :

Signed

(just list copies of the evidence you are sending and highlight anything pertinent)

I think these claims should be kept short and sweet -as concise as possible-a local vet I helped sent nothing at all with this statement and got 100% under 1151 in less than 4 months-

I was very familiar with his situation-and he only needed a discharge cert from one VAMC and then the discharge cert from the second VAMC.

But he got the award before he ever got a copy of his med recs.

The 2 years you mentioned is for FTCA-

Two years from date of knowledge of the malpractice is when the Statute of Limits runs out-

An SF 95 must be filed with Regional Counsel who has jurisdiction over the VAMC involved.

The statement it should contain I posted at hadit- basically

what I put on my SF 95 as the statement of the charges at top of the form-was that the VA did not apply or use procedures or medical care that was consistent within practices of the usual and standard medical community and that this negligence caused my husband's death.

They basically used the same wording when I won.

FTCA claims -they will ask you for what they need- make sure before filing any SF 95 that you have everything you can get from the c file-and your VA med recs.

It all boils down to documented medical evidence of malpractice.

Dean- I have over 6 thousand old emails saved on my PC and my PC man said the aol police would come and get me- he was just kidding and told me to start deleting that stuff-

I noticed there were many emails to and from you Re: 1151 about a year ago- do you still them- I think I answered a lot of this in those emails.

I did read the remand and based all of my suggestions on the remand-

I feel that you will need a good independent medical opinion to get the proper psychiatric diagnosis and then you will need to prove the stressor or whatever inservice event caused your current emotional disability.

((("The stressor before inservice does not actually apply to me. I have to use the stressors from my family on how my disablities affect my everyday life. I am hoping that what my daughter tells them will help them understand. Can you tell me how to look up the one's here on the board"

I replied to look up stressor or nexus under the search feature-at hadit-

Edited January 24, 2007 by Berta

[Objee]

Dean,

You have so much data that I got lost in trying to follow it all.

I started to make a "tree diagram" to understand the relationships

of one problem to others. Didn't complete it but went far enough

to see that a similar diagram might help you to explain your full

disability(ies) to a claims reviewer. We're more visual than literate

beings and usually relate quicker to diagrams than words.

Hope I set this forth clearly (in words)!

Ralph

[Dean]

"I just recently within the last 6 months gotten the 100% Disability pay for it. I did get them "

ANSWER BELOW

((((Or was this the Temp convalescence VA disability award?))))

I have the E-mails somewhere. I tried to keep up with all of the information that we went over. I just have to remember where I stored it at. The thing that you put in your post should work.

The problem that I had was the fact that the V.A. would not do my back surgery and a local Neurosurgeon stated that I needed the surgery. I printed out some questions for this doctor to answer and he did a pretty good job on the answers. I plan on submitting that with my 1151 claim. I will turn in the 1151 at the time of my hearing when I am at the regional office in Atlanta. Thanks for all of your help. I am just trying to figure out how I ask for damages. Am I asking for a lump sum for the pain that they put me through by not doing my surgery?

The only stressor that I have is that the disabilities that I now have are causing me a lot of depression, and have took their toll on me over the years. That would not be considered a stressor from anything actually service related. How should that be worded to make it actually be a stressor.

My disability __ :P ____ causes a lot of stress on me and my family. Then explain how it affect my everyday life.???????????

Ralph,

I did not understand what you were trying to explain to me.

[Dean]

I forgot to mention that I am going to meet with a local psychologist tomorrow to get them to give me a new MMPI TEST. I just hope that this psychologist does not try to analyze the test results and turn the results around. I do not even plan on mentioning the personality thing.

I found the test that SS done and it was worthless. I noticed that the judge that gave me my social security even stated that he did not even go by the test results. He stated that he gave me my social security based on the V.A. doctors stating that I was unemployable. I just need to get this damn Personality disorder thrown out. I do not understand how I can be turned down for service connected depression due to my disabilities, when it is stated numerous times in my records that I am unemployable, due to the depression caused by my service connected disabilities. The screwed up thing is the put one diagnosis in and then later another doctor puts in the personality disorder because I cussed them out or something. Just because they piss me off does not mean that I have a personality disorder. When they are bieng stupid, does that make them have a stupidity disorder? LOL.......... I just hope that this test that I get over rules all of the damn V.A. Personality disorder B.S.. The last private Psychiatrist that I went to stated that I suffered from depression. I even asked him about the hypochondria problem that the V.A. likes to bring up. He told me that he knew that I was not a hypochondriac. He never put that in my records though.

Just cross your finger for me and pray that this test goes good in my favor.

[Berta]

Dean- this might help us understand better:

"I just need to get this damn Personality disorder thrown out. I do not understand how I can be turned down for service connected depression due to my disabilities, when it is stated numerous times in my records that I am unemployable, due to the depression caused by my service connected disabilities"

What do you get service connection for now and at what rating?

An inaccurate diagnosis can often be changed by a good IMO doctor-based on all the facts and evidence-

Even if the diagnosis is changed to depression-

what service connected disabilities is it secondary too?

Since you are getting an IMO for better diagnosis this is another statement that the IMO doctor should make- that the new diagnosis of -----------(a ratable mental disorder) is a secondary disability that is caused by your service connected disability(ies) of _______________.

It all gets simple when you consider the 3 Hickson elements:

1. current documented disability (one that the VA will compensate)

2. Evidence of same (or symptoms of)or any documented manifestations of same disability in SMRs, personnel records etc from military and

3. nexus- or link medically as to what you had inservice that caused your present disability(ies) and why it did (this is the medical rationale that the IMO doctor should state).

There is considerable IMO info here at hadit -as to the criteria the IMO doctor needs to follow.