VA question

Some of you guys who were around before the storm may remember me. I
appealled a VA rating descision about three years ago, and after battling,
clawin', kickin' and cussin', it looks like no hearing will be required to
get my % increased. My American Legion service rep sez the VA is increasing
me to 70% for PTSD, 80% for total service connections and granted indivdiual
unemployability benefits. Can anybody tell me what that is and also my rep
sez I should sign off on any further appeals concerning the issue. Is that
normal?? Thanks.
Dave
A 1/52 198th LIB
Americal Division 69-70
Under the Southern Cross

On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
wrote:

>Some of you guys who were around before the storm may remember me. I
>appealled a VA rating descision about three years ago, and after battling,
>clawin', kickin' and cussin', it looks like no hearing will be required to
>get my % increased. My American Legion service rep sez the VA is increasing
>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>unemployability benefits. Can anybody tell me what that is and also my rep
>sez I should sign off on any further appeals concerning the issue. Is that
>normal?? Thanks.
>Dave
>A 1/52 198th LIB
>Americal Division 69-70
>Under the Southern Cross
>
I wouldn't sign off at all. You can get up to 300%. That might sound
impossible but the rating goes x percent for different classes. I am
not quite up on it right now.

Go to google or some search engine and type in cfr title 38 or wait a
bit and someone here will give you chapter and verse.

Welcome back, stick around and ignore the trolls.


Life is too important to
be taken seriously- Oscar Wilde

"Dave Gaither" wrote in message
newsdnib.552138$cF.227384@rwcrnsc53...
> Some of you guys who were around before the storm may remember me. I
> appealled a VA rating descision about three years ago, and after battling,
> clawin', kickin' and cussin', it looks like no hearing will be required to
> get my % increased. My American Legion service rep sez the VA is
increasing
> me to 70% for PTSD, 80% for total service connections and granted
indivdiual
> unemployability benefits. Can anybody tell me what that is and also my rep
> sez I should sign off on any further appeals concerning the issue. Is that
> normal?? Thanks.
> Dave
> A 1/52 198th LIB
> Americal Division 69-70
> Under the Southern Cross
>
>

No it's not normal. Don't sign off on anything not even when you get perm
and total. Check out CFR title 38 and get another rep. You can have as many
as you want to help you. I used DAV and VFW both plus did a lot of the leg
work myself using the reps at VA. Even your RSO will help if your retired
Military. If your rated so as to be unemployable they can give you a hundred
percent, but it's a lot better if your rated at least a hundred. VA will
require you to sign off on nothing when they award you a rating they will
mail you the notice, and back pay to when it was put in. You don't have to
do anything else.

Mike

In article , Dave Gaither says...
>
>Some of you guys who were around before the storm may remember me. I
>appealled a VA rating descision about three years ago, and after battling,
>clawin', kickin' and cussin', it looks like no hearing will be required to
>get my % increased. My American Legion service rep sez the VA is increasing
>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>unemployability benefits. Can anybody tell me what that is and also my rep
>sez I should sign off on any further appeals concerning the issue. Is that
>normal?? Thanks.
>Dave
>A 1/52 198th LIB
>Americal Division 69-70
>Under the Southern Cross

Dave,
You are almost there. The only thing left is P&T. Actually you may even have
it and not know it. If somewhere in the crap they send you it says that you are
permanently and totally disabled, then you are as far as you can go.
I've never heard of any rep asking anyone to sign off for further appeals. Any
rep who would ask you to do that is not a rep. DON'T DO IT!
You are now receiving 100% pay, but you can get more benefits if you are granted
P&T. You and your spouse can get ChampVA (medical care), free license plates,
no property taxes, free fishing and hunting licenses for life, free access to
Federal sites, half off on camping on Federal sites, and a whole lot of other
crap.
The WWII vets are dying off by thousands per week and the VA needs to keep as
many vets as possible in the system.
If you want more info, send me an e-mail at grunt46@hotmail.com

On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
wrote:

>Some of you guys who were around before the storm may remember me. I
>appealled a VA rating descision about three years ago, and after battling,
>clawin', kickin' and cussin', it looks like no hearing will be required to
>get my % increased. My American Legion service rep sez the VA is increasing
>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>unemployability benefits. Can anybody tell me what that is and also my rep
>sez I should sign off on any further appeals concerning the issue. Is that
>normal?? Thanks.
>Dave
>A 1/52 198th LIB
>Americal Division 69-70
>Under the Southern Cross
******************* ***************
Ask this so-called Rep to put into writing exactly why he wants
you to sign off on any further appeals.
Tell him you need to think it over.
HOWEVER, do NOT do it!!
Get his so-called thinking and then, if he actually puts into
writing his reasons, immediately seek out another REP.
Wherever you are, talk with some of the other veterans and get
some feedback as to which REP actually works for the veteran and
not the system.
Have this REP explain, in clear and concise English, exactly what
the unemployability benefits means to you right now, this coming
year, and down the road.
Ask him to explain exactly how much you can still work, part-time
((if you can)) and be within the parameters.
ask him to provide references to chapter and verse so you have
the information.
DO NOT SIGN OFF ON ANYTHING!!
Finally, who reviewed your PTSD status?
Are you in an area where there are Psychs who are NOT
part-and-parcel of the VA-System who are familiar with this?
You might wish to think of this.
See if there is a Veterans Outreach Group nearby.
Talk with them.
See what resoruces they have available: including counseling,
etc.
Again, DO NOT SIGN OFF ON ANYTHING --- and make the guy
carefully explain why he would want you to do so. And try to get
him to put it in writing so you "don't mess up understanding it"
and so you "know what he is talking about".
Good Luck
---Mac

In article , Mac says...
>
>On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
> wrote:
>
>>Some of you guys who were around before the storm may remember me. I
>>appealled a VA rating descision about three years ago, and after battling,
>>clawin', kickin' and cussin', it looks like no hearing will be required to
>>get my % increased. My American Legion service rep sez the VA is increasing
>>me to 70% for PTSD, 80% for total service connections and granted indivdiual
>>unemployability benefits. Can anybody tell me what that is and also my rep
>>sez I should sign off on any further appeals concerning the issue. Is that
>>normal?? Thanks.
>>Dave
>>A 1/52 198th LIB
>>Americal Division 69-70
>>Under the Southern Cross
>******************* ***************
>Ask this so-called Rep to put into writing exactly why he wants
>you to sign off on any further appeals.
>Tell him you need to think it over.
>HOWEVER, do NOT do it!!
>Get his so-called thinking and then, if he actually puts into
>writing his reasons, immediately seek out another REP.
>Wherever you are, talk with some of the other veterans and get
>some feedback as to which REP actually works for the veteran and
>not the system.
>Have this REP explain, in clear and concise English, exactly what
>the unemployability benefits means to you right now, this coming
>year, and down the road.
>Ask him to explain exactly how much you can still work, part-time
>((if you can)) and be within the parameters.
>ask him to provide references to chapter and verse so you have
>the information.

Dave,
It doesn't matter what your rep thinks or writes on paper. Your rep has
absolutely no authority to do anything other than to give you advice and submit
your paperwork to the VA. From what you are saying, your rep is giving you bad
advice, so why bother fooling with an idiot? You will only waste your time and
get more bad advice. When the VA sends you the results of their desision, it
will tell you what you can and cannot do. If you are getting TDIU
(unemployability) then it will either be considered P&T (permanent & total) or
they will give you a date for another C&P exam, usually a year or two down the
road. Most of the vets are getting their C&P exams delayed by at least 5 years,
so don't worry about having to go through all of that over again real soon.
Once you have been unemployed for 5 years, the VA will usually consider you P&T,
however if you remain employed you will have a snowball chance in hell getting
P&T.
Also you can apply for SSDI and use the VA proof to get accepted on their rolls
providing you remain unemployed. SSDI is a little tougher to get accepted but
there is an organization that a friend told me about which will go to bat for
you until you win.
When I injured my back, I had months to read up on this and to be honest, I know
more than the lazy VA reps do.

In such a case Pat, you need loss of use of a Limb,
be Paralyzed, Housebound things like that.
Its CU is what people never ask for. That's where the
money is even if its small compared to Pain.
You have things like the L Award, K Award, J.. and so on.
Many meet the K Award, but never ask for it.
Its under 38 USC. For instance a Non-Union of bone
is the same as Loss of a Limb. In title 38 cfr you MUST
read all Muscle Damage and include these descriptions
in your claim. All Reps I had, never knew a damn thing
I was talking about. Well, I do. I read the Book. I wrote
my claims, made mistakes, but won. If I had help it would
of been much easier and % higher. It ain't over yet with me.
I'm geared to go and I'm as welcome in VA as would Tim
McViegh would be asking the Guard where in the basement can
I place these pretty Blue Barrels near the Support beams ?

So, they hate my guts. Big deal, so do many Women.
It doesn't bother my ass.

For the Record I have 100%, I want more and no one will stop
me. I get $500+ a year just for a Salve. Its a clothing allowance
you get every Sept. as it damages your clothes. Its also
the battle of wits that makes it so much fun. I love to piss
them off. If you can type and read Law, you'll have a ball!
VA is not on your side, but the Law is. What more can you
ask for ?

"patricktee" wrote in message news:h62kovs1vui1qcpjvgb4hb1bi376e8vjlo@4ax.com...
> On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
> wrote:
>
> >Some of you guys who were around before the storm may remember me. I
> >appealled a VA rating descision about three years ago, and after battling,
> >clawin', kickin' and cussin', it looks like no hearing will be required to
> >get my % increased. My American Legion service rep sez the VA is increasing
> >me to 70% for PTSD, 80% for total service connections and granted indivdiual
> >unemployability benefits. Can anybody tell me what that is and also my rep
> >sez I should sign off on any further appeals concerning the issue. Is that
> >normal?? Thanks.
> >Dave
> >A 1/52 198th LIB
> >Americal Division 69-70
> >Under the Southern Cross
> >
> I wouldn't sign off at all. You can get up to 300%. That might sound
> impossible but the rating goes x percent for different classes. I am
> not quite up on it right now.
>
> Go to google or some search engine and type in cfr title 38 or wait a
> bit and someone here will give you chapter and verse.
>
> Welcome back, stick around and ignore the trolls.
>
>
> Life is too important to
> be taken seriously- Oscar Wilde

On Mon, 13 Oct 2003 2127 GMT, "odai" wrote:

>In such a case Pat, you need loss of use of a Limb,
>be Paralyzed, Housebound things like that.

Don't know the facts, but I was recently following a thread somewhere
else and it seemed like the vast majority of those posting had
periferal neurapathy. Now I ask you, what the hell would cause
periferal neurapathy of such major proportions in such a very small
population?

My point being, yea, you need loss of limb, etc. but we don't really
know what ails many of the people that post or monitor this newsgroup.
We are all just guessing and some of these guys need to know that 300%
is possible, no matter what the reps seem to think.

They have to each and every one of them take some time out of their
busy schedules and pay attention to 38 USC because nobody else is
really going to do it for them unless they get very, very lucky.


>Its CU is what people never ask for. That's where the
>money is even if its small compared to Pain.
>You have things like the L Award, K Award, J.. and so on.
>Many meet the K Award, but never ask for it.
>Its under 38 USC. For instance a Non-Union of bone
>is the same as Loss of a Limb. In title 38 cfr you MUST
>read all Muscle Damage and include these descriptions
>in your claim. All Reps I had, never knew a damn thing
>I was talking about. Well, I do. I read the Book. I wrote
>my claims, made mistakes, but won. If I had help it would
>of been much easier and % higher. It ain't over yet with me.
>I'm geared to go and I'm as welcome in VA as would Tim
>McViegh would be asking the Guard where in the basement can
>I place these pretty Blue Barrels near the Support beams ?
>
>So, they hate my guts. Big deal, so do many Women.
>It doesn't bother my ass.
>
>For the Record I have 100%, I want more and no one will stop
>me. I get $500+ a year just for a Salve. Its a clothing allowance
>you get every Sept. as it damages your clothes. Its also
>the battle of wits that makes it so much fun. I love to piss
>them off. If you can type and read Law, you'll have a ball!
>VA is not on your side, but the Law is. What more can you
>ask for ?
>
>"patricktee" wrote in message news:h62kovs1vui1qcpjvgb4hb1bi376e8vjlo@4ax.com...
>> On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
>> wrote:
>>
>> >Some of you guys who were around before the storm may remember me. I
>> >appealled a VA rating descision about three years ago, and after battling,
>> >clawin', kickin' and cussin', it looks like no hearing will be required to
>> >get my % increased. My American Legion service rep sez the VA is increasing
>> >me to 70% for PTSD, 80% for total service connections and granted indivdiual
>> >unemployability benefits. Can anybody tell me what that is and also my rep
>> >sez I should sign off on any further appeals concerning the issue. Is that
>> >normal?? Thanks.
>> >Dave
>> >A 1/52 198th LIB
>> >Americal Division 69-70
>> >Under the Southern Cross
>> >
>> I wouldn't sign off at all. You can get up to 300%. That might sound
>> impossible but the rating goes x percent for different classes. I am
>> not quite up on it right now.
>>
>> Go to google or some search engine and type in cfr title 38 or wait a
>> bit and someone here will give you chapter and verse.
>>
>> Welcome back, stick around and ignore the trolls.
>>
>>
>> Life is too important to
>> be taken seriously- Oscar Wilde

Life is too important to
be taken seriously- Oscar Wilde

In article <2m7mov0m184f8jgi3nq2c22264ajvleo88@4ax.com>, patricktee says...
>
>On Mon, 13 Oct 2003 2127 GMT, "odai" wrote:
>
>>In such a case Pat, you need loss of use of a Limb,
>>be Paralyzed, Housebound things like that.
>
>My point being, yea, you need loss of limb, etc. but we don't really
>know what ails many of the people that post or monitor this newsgroup.
>We are all just guessing and some of these guys need to know that 300%
>is possible, no matter what the reps seem to think.

What is the advantage of 300% comp over 100% comp?

Neuropathy is both a Numb feeling [ pin prick test] or
it can a be very bad pain and a burning feeling or you
may not be able to Dorseflex your Foot. You can
get Claw Hand from it. Its irreversible. It can be from
Training, such as Dropping to your knees in Rifle Training
and falling on your Elbows. This is called a Rubber Band
effect. One Peroneal say is behind the Knee outside between
the Ligament and Bone. The Nerve bounces damaging
the outside layer slowing Velocity. This is the cause of
being Numb and unable to Dosiflex the Foot in later
stages. It does not get better and there is no 0 % for it.
It starts at 10%. I just lost all feeling of the Vastus Lateral,
(the Muscle of the Outside Thigh.) This occurred only last
week and still remains. I consider this a blessing as I get
lesser of a ' Nervous Feeling ' and Pepper stops it in that
Muscle immediately. This is a very Serious matter, do not
let it slide. My Tubical was shot off and is the cause of the
Rubber Band effect, if you are on the ground a Karate move
will do the same. You kick a man on that bump under his
Knee, his leg will Freeze. That bump is the Tibias Tubercle.

Matters of all Neuro Medicine is basically still in the
Voodoo stage. EMGs can measure Velocities,
Surgeons can move Nerves and that's the extent
of all known knowledge. The VA cure is to throw pills
at you. It does not work. Pepper and Strong pain meds
do work. It will ruin your whole day however should this
occur upon waking. Where Meds do work is if you seem
to shake, Gabepenten does work for this. The problem
of Voodoo Neuropathy is FB damage is mixed in with it.
This under VA Law is a Claim of ' Wrongful Diagnosis.'
CU comes into play now and you must Declare this !
Read up on Muscle damage also. Know your Muscle
Groups and their numbers, study Human Anomity/sic/
like Grays.

All Meds for Neuropathy come by accident as they are
ALL designed for Seizures, beware of Amitripoline, Nor-
tripoline and most of all Clonzepam. VA mails Meds
late and then even if you never had a Seizure you will
now. Also, it damages Eyesight. Gabepenten seems so
far an Ok Med. There is a group called, ' Neuropathy.org.'
Join it, its free. Many Vets belong to it.

I'd agree its also from Chemicals and Pills we had swallowed
or sprayed on us. I need a new Nerve Float in my L.
Arm right now from Pain. I cannot claim this due to
a time limit on this Disability and of course there was
no known test at that time.
When I began my Claim only one paper a Monograph
had ever been written. Beebe and another and that was
written shortly after WW I ! PVA Mag now has paid
for allot of Research only lately. Leg injuries are all
too common to us.

Like Dave, he can go from one Rep to another. He
will also find the new guy more stupid then his last one.
We must all fight these people as well as the VA.

I asked one old member of awv to see if he can get
me his VSO. They are not like the Usual Suspects.

You print out title 38 cfr and seek similar Case Law
in 38 USC. Case Law is best handled by a Lawyer in
DC. DAV did not afford such a luxury in my case, sure
I won. It does say how right I was in the end and all
in DAV said I had no case ?

Its why I lost all respect of VSOs. God help
the next SO who holds up that big black book and
tells me how well trained he is in VA Law.
BTW did you ever see that book ? Every first page
tells ' How to Deny a Claim !' Demand he show it
to you. Its on every first Section of VA Law.

If he is like the last PVA who is about 5'6'' I'll kick
him in his ass so hard he will 6'5''. I just seem to get
an Attitude around these people. I doubt I'm wrong.

On the ' K ' Award I think Lee could claim this. You
must have a problem so Severe you can't walk more
than 25 steps, or you need a Cane, or use a Wheelchair
and so on. This pays $ 70.00 more per month, $8,000
towards a Car and half of what you put into your home
up to $ 80,000. Also, hand controls to drive and pays up
$ 2,000+. VA fights like hell to deny you this claim.

You all have my apologies on a long post. I just hope
I have helped someone to be better informed than I was
when I began to look into this.
To me this is what awv should be about.




"patricktee" wrote in message news:2m7mov0m184f8jgi3nq2c22264ajvleo88@4ax.com...
> On Mon, 13 Oct 2003 2127 GMT, "odai" wrote:
>
> >In such a case Pat, you need loss of use of a Limb,
> >be Paralyzed, Housebound things like that.
>
> Don't know the facts, but I was recently following a thread somewhere
> else and it seemed like the vast majority of those posting had
> periferal neurapathy. Now I ask you, what the hell would cause
> periferal neurapathy of such major proportions in such a very small
> population?
>
> My point being, yea, you need loss of limb, etc. but we don't really
> know what ails many of the people that post or monitor this newsgroup.
> We are all just guessing and some of these guys need to know that 300%
> is possible, no matter what the reps seem to think.
>
> They have to each and every one of them take some time out of their
> busy schedules and pay attention to 38 USC because nobody else is
> really going to do it for them unless they get very, very lucky.
>
>
> >Its CU is what people never ask for. That's where the
> >money is even if its small compared to Pain.
> >You have things like the L Award, K Award, J.. and so on.
> >Many meet the K Award, but never ask for it.
> >Its under 38 USC. For instance a Non-Union of bone
> >is the same as Loss of a Limb. In title 38 cfr you MUST
> >read all Muscle Damage and include these descriptions
> >in your claim. All Reps I had, never knew a damn thing
> >I was talking about. Well, I do. I read the Book. I wrote
> >my claims, made mistakes, but won. If I had help it would
> >of been much easier and % higher. It ain't over yet with me.
> >I'm geared to go and I'm as welcome in VA as would Tim
> >McViegh would be asking the Guard where in the basement can
> >I place these pretty Blue Barrels near the Support beams ?
> >
> >So, they hate my guts. Big deal, so do many Women.
> >It doesn't bother my ass.
> >
> >For the Record I have 100%, I want more and no one will stop
> >me. I get $500+ a year just for a Salve. Its a clothing allowance
> >you get every Sept. as it damages your clothes. Its also
> >the battle of wits that makes it so much fun. I love to piss
> >them off. If you can type and read Law, you'll have a ball!
> >VA is not on your side, but the Law is. What more can you
> >ask for ?
> >
> >"patricktee" wrote in message news:h62kovs1vui1qcpjvgb4hb1bi376e8vjlo@4ax.com...
> >> On Mon, 13 Oct 2003 0158 GMT, "Dave Gaither"
> >> wrote:
> >>
> >> >Some of you guys who were around before the storm may remember me. I
> >> >appealled a VA rating descision about three years ago, and after battling,
> >> >clawin', kickin' and cussin', it looks like no hearing will be required to
> >> >get my % increased. My American Legion service rep sez the VA is increasing
> >> >me to 70% for PTSD, 80% for total service connections and granted indivdiual
> >> >unemployability benefits. Can anybody tell me what that is and also my rep
> >> >sez I should sign off on any further appeals concerning the issue. Is that
> >> >normal?? Thanks.
> >> >Dave
> >> >A 1/52 198th LIB
> >> >Americal Division 69-70
> >> >Under the Southern Cross
> >> >
> >> I wouldn't sign off at all. You can get up to 300%. That might sound
> >> impossible but the rating goes x percent for different classes. I am
> >> not quite up on it right now.
> >>
> >> Go to google or some search engine and type in cfr title 38 or wait a
> >> bit and someone here will give you chapter and verse.
> >>
> >> Welcome back, stick around and ignore the trolls.
> >>
> >>
> >> Life is too important to
> >> be taken seriously- Oscar Wilde
>
> Life is too important to
> be taken seriously- Oscar Wilde