Appeal

[BaMuoiBa]

Delay, Deny and hope that they DIE!

VSO did me a solid!

6 years of being jerked around and alast they finally got it right. Big white envelope in the mail today not too concerned about the monetary award it was the SC for Barretts Esophagus (secondary to PTSD) that was the prize. The SOB's danced on this one over two NOD's and eventually a Veteran Law Judge (VLG) in DC took the bull by the horns and stuck it up VARO's ass. His decision was short and sweet "you got it all wrong NOW make it right!".

There are two other claims that are still pending under the same NOD and he gave direct direction to "have another look" and get them right as well. So we'll see, currently combined at 80%, VSO says it should put me over the top for 100%.

They sure know how to brain f&ck ya

Ba

 

[Sludge]

I don't believe there is any automatic 30% for the burn pit exposure. I'm in the registry and didn't see 30% for anything related to that. You have to have certain symptoms listed in the presumptive list and be diagnosed or chronic multi-symptom illness.

LAte reply- there is, but only if a chemical or particulate sourced lung disease shows up. Should have been clearer when I stated that. In otherwords get on the list, then IF you do have lung issues, you get 30 percent of the remaing percentage upt to 100 usinf VA mystery math

 

[Grizzly]

LAte reply- there is, but only if a chemical or particulate sourced lung disease shows up. Should have been clearer when I stated that. In otherwords get on the list, then IF you do have lung issues, you get 30 percent of the remaing percentage upt to 100 usinf VA mystery math

I need to know where the law it written on this. I have burn pit exposure. Have COPD and get nothing except free inhalers.

 

[Sludge]

I need to know where the law it written on this. I have burn pit exposure. Have COPD and get nothing except free inhalers.

I'm on it. I'll dig up the relevant stuff when I'm in the office later today and get it to you, hopefully this weekend. I also have our State DAV convention showing up shortly, so I'll dig some more for you there. If you have CPOD, you should be able to up your rating, get a free CPAP and related equipment in addition to your inhalers meds and such. I just started the DAV VSO certification process, or I would handle your claim for you personally right now.

Hang in there!

 

[FieldArtilleryGuy]

Sludge, if you can send that info my way I would like to read it to. I'm kinda in the process of finding out how Much BS the VA seems to pull. I was low balled on migraine even though I more than fit the symptoms to get 50% and that would have gotten me IU. (It's not about the money exactly, I failed out of college because of my memory and migraines and soon I'll have to start paying back loans if I get IU I can have that forgiven.) I also found out how useless my PCP is, she wants to just give me meds and send me on. I had to ask for a sleep study that I'm still waiting on because my wife is getting a little violent with me snoring and keeping her up at night. I'm at 90 now so I might be able to just get re-rated in a few months and not need IU to get 100% but I will figure that out when the time comes. Sorry to rant a little bit, especially on someone else's post.

 

[Grizzly]

I'm on it. I'll dig up the relevant stuff when I'm in the office later today and get it to you, hopefully this weekend. I also have our State DAV convention showing up shortly, so I'll dig some more for you there. If you have CPOD, you should be able to up your rating, get a free CPAP and related equipment in addition to your inhalers meds and such. I just started the DAV VSO certification process, or I would handle your claim for you personally right now.

Hang in there!

Thanks Bro. I'm rated already for a bunch of other exposure shite. Have the inhaler. But it would be good to at least get it service connected even if it's 0%. I'm thinking in the event I die from it at least my family may get something.

Currently, I have 30% obstruction. I did the burn pit survey. One doctor says COPD the other states Asthma.

 

[Sludge]

Thanks Bro. I'm rated already for a bunch of other exposure shite. Have the inhaler. But it would be good to at least get it service connected even if it's 0%. I'm thinking in the event I die from it at least my family may get something.

Currently, I have 30% obstruction. I did the burn pit survey. One doctor says COPD the other states Asthma.

Did a bit of research and asked the right people. Boils down to this: As long as you were never a smoker, you likely can get either 0% OR 30% of the remaining percentage (in other words VA mystery math). Thats the good news. The bad news is if you are or ever were a smoker and that shows up in your records the odds are stacked against you for even a 0%. If you aren't a smoker, I'd file a claim now through one of the service organizations. If you do so direct through the VA you are looking at about 18 month wait times on average, as opposed to the 4 month wait time average the VSOs are getting.


Another suggestion is to see a few more Docs. If one says Asthma and the other COPD, something is off there. While similar in result, the symptoms are a bit different. One of those Docs likely has a head up their ass.

 

[Grizzly]

Did a bit of research and asked the right people. Boils down to this: As long as you were never a smoker, you likely can get either 0% OR 30% of the remaining percentage (in other words VA mystery math). Thats the good news. The bad news is if you are or ever were a smoker and that shows up in your records the odds are stacked against you for even a 0%. If you aren't a smoker, I'd file a claim now through one of the service organizations. If you do so direct through the VA you are looking at about 18 month wait times on average, as opposed to the 4 month wait time average the VSOs are getting.


Another suggestion is to see a few more Docs. If one says Asthma and the other COPD, something is off there. While similar in result, the symptoms are a bit different. One of those Docs likely has a head up their ass.

Thanks @Sludge. I am considering filing this. I currenly have an attorney and we are waiting on my C-file for almost a year now. There are a few things the attorney wants to ask for a reconsideration. This woud be a new claim.

Did reapiratory problems get added to the list of presumptives for Iraq and Gulf War vets recently?

 

[Sludge]

Thanks @Sludge. I am considering filing this. I currenly have an attorney and we are waiting on my C-file for almost a year now. There are a few things the attorney wants to ask for a reconsideration. This woud be a new claim.

Did reapiratory problems get added to the list of presumptives for Iraq and Gulf War vets recently?

Yep. Don't quote me, But I believe the program came into effect the same time as the DU registry, so roughly about two years, plus or minus.

Like everything VA it is one of those things they keep visible yet hidden. I highly suggest getting the DAV involved(VFW does this stuff too, but in my experience they are not as efficient as DAV), it is free and cuts a ton of the red tape. Truthfully a lot of the chapters kind of suck but let me know if you have troubles, I have a few connections now that can likely help out on the DAV end. Unlike the other vet service organizations such as VFW, Foreign Legion, and Wounded Warriors, the DAV's primary mission is to advocate for VA disability benefits.

 

[Grizzly]

Yep. Don't quote me, But I believe the program came into effect the same time as the DU registry, so roughly about two years, plus or minus.

Like everything VA it is one of those things they keep visible yet hidden. I highly suggest getting the DAV involved(VFW does this stuff too, but in my experience they are not as efficient as DAV), it is free and cuts a ton of the red tape. Truthfully a lot of the chapters kind of suck but let me know if you have troubles, I have a few connections now that can likely help out on the DAV end. Unlike the other vet service organizations such as VFW, Foreign Legion, and Wounded Warriors, the DAV's primary mission is to advocate for VA disability benefits.

OK. I need to look into the law with regards to DU.

CFR 38 3.17 covers respiratory issues as a presumptive of Undiagnosed illnesses. That those last two words are the catch. Once they diagnose you with COPD or asthma then is is obviously not undiagnosed any more. This throws the claim into denial. Even though I show proof of scoring 300 on PT test prior to deployment and then after deployment I couldn't pass the 2 mile run. Never smoked then. But spent 2 days under a cloud of oil well smoke that literally forced you to use a flashlight during the day to read a map. And don't get me started about the pot belly stoves burning Mo Gas and breathing those fumes all the time.

 

[Sludge]

currently, DU registry is primarily for tankers and other ground pounder types that were exposed to friendly fire incidents, though us Phalanx CIWS folks and quite a few of the air dales should be on there too. (Until 2005 all the 20mm Vulcans used DU rounds and we were exposed to it daily thanks to the gunfire residue.) Only reason I was able to get on the DU list as a CIWS tech was I had embedded fragments in my face. Even then I was denied twice just for being a squid.


I think I know just the person to ask about your issue, Grizzly. I'll likely see him today. More later.

 

[Grizzly]

currently, DU registry is primarily for tankers and other ground pounder types that were exposed to friendly fire incidents, though us Phalanx CIWS folks and quite a few of the air dales should be on there too. (Until 2005 all the 20mm Vulcans used DU rounds and we were exposed to it daily thanks to the gunfire residue.) Only reason I was able to get on the DU list as a CIWS tech was I had embedded fragments in my face. Even then I was denied twice just for being a squid.


I think I know just the person to ask about your issue, Grizzly. I'll likely see him today. More later.

Thanks. Its interesting, i did not know about the DU registery. Although, I spent a lot of time around the M1 Abrams it's ammo and various artillery equipment. Im going to search for the link and see what happens.