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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Approved After 8 Years!

8 posts in this topic

Posted · Report post

This is possibly going to be a load of retro pay, EIGHT YEARS WORTH! I have Multiple Sclerosis and when I went into the PTSD program in Menlo Park I was not able to take my weekly shot of Avonex because of a VA policy that did not allow the use of Interferon. Because of the stress of the program coupled with going off my meds I had a massive exacerbation late 2002. My Kaiser neurologist wrote a letter that stated, In temporal association with the medication withdrawal and the stress of the program, he experienced a significant worsening of preexisting bowel and bladder control problems; such that he ultimately required a colostomy for bowel control. He uses intermittent cauterization for bladder control. It seems to me that the association between these events is more likely than not.

The above letter was submitted twice over the years and for reasons beyond my understanding was discounted by the VA. When I showed this letter to the BVA attorney she immediately saw its significance and I finally received a positive ruling granting me, Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). I received this ruling just 3 months after my BVA hearing. Now I am just waiting for my new rating. I am currently SMC M1/2. I am hoping for a R1 rating but I am not sure if you need a O/P rating first before you can get a R1. Does anyone know the answer?

Rich

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Posted · Report post

Sorry for the conditions, glad for the positive action from BVA.

Did you also file an 1151 claim.

Wish I could add more help.

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Posted · Report post

I think it iwll be an O.

I am with Carlie. File the 1151 claim. Their refusal of your treatment caused you some serious issues and they are responsible ragardless of their bullcrap rules.

J

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Posted · Report post

"Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD)"

As an 1151er myself, this statement is, in my opinion, an omission of VA negligence.

We have a vet here who received a similiar statement in a SOC and finally he said a few weeks ago, he had sent them a formal 1151 claim.

But VA never 'infers' a 1151 claim and it must be filed under auspices of 38 USC Section 1151.

It will be interesting to see how the VARO actually prepares the award here.

As I understand VA case law, 1151 ratings must be paid separate from SC ratings. They cannot be combined.

My AO award proved how it works.

Husband had a Section 1151, FTCA stroke which contributed to his death.

The AO Nehmer award I got in January continued his SC death for 1151 and direct SC IHD, and death due to DMII contributing, and also awarded 100% for 6 months for his 1151 stroke as well as SMC for the residuals under 1151.

He also had 100% SC PTSD, in a posthumous award and I received that retro years ago. With No offset from the 1151 award and retro due to the Nehmer decision (which included a CUE claim award regarding the CVA but I explained that here before.)

My point is 100% direct SC does not mean that a 1151 SC 100% award wont be paid....too ,as it was in my case.

But a lot depends on the rating VA is preparing now and how they word it. I assume it will be a secondary SC rating but their could possibly still be the potential for the 1151 claim.

"The above letter was submitted twice over the years and for reasons beyond my understanding was discounted by the VA. "

They cannot consider an obvious potential negligence or malpractice issue without having a formal claim under that basis from the veteran. I tried to make that point many times to the other veteran here with the omission of VA negligence right in his SOC.

"When I showed this letter to the BVA attorney she immediately saw its significance and I finally received a positive ruling granting me, Entitlement to service connection for neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). "

Of course she did. A good vet's attorney will consider every facet of potential SC for a claim and they never overlook potential for 1151 if it is evident.

Your lawyer will know better then me if you should also file 1151 here.It might be appropriate to reach the highest level of SMC possible in your case.

This is what was claimed,that triggered the BVA award:

"neurogenic bowel and bladder, as secondary to treatment for service-connected post traumatic stress disorder (PTSD). "

But malpractice and negligence often has a domino affect.

I am filing myself , 18 years next month my husband died, a new Section 1151 claim.

1151 claims have no time limit and the EED is determined by the proof of malpractice.

I have the medical evidence , had it since 1997, but didn't claim this specific disability and I thought the Nehmer award might cover it.

It didnt but the Nehmer award gave me a foot in the door for not only the 1151 claim but basis for a NOD too.

The VA has to consider the colostomy. I helped vet friend get 100% and SMC for a VA malpractice situation which he ended up with colostomy from. I forget how they determined that rating but it was under 1151.

In the claim I wrote for him to sign I just put down words to the affect that :

'my VA medical records ,to include medical records involved in my recent VA surgery at Buffalo VAMC, will reveal I have suffered from negligence at hands of VA and have resulting disabilities due to the VA's negligence.'

It was one of the fastest awards I ever saw coming from Buffalo VARO, awarded in mere months instead of years.

With the retro you expect ,at some point your lawyer might suggest getting an IMO to see what else the VA might have buggered beyond causing the neutrogenic disabilities.

That is what I mean by the 'domino' affect of negligence and malpractice.

Even a small medical error, if not corrected fast, can lead down the road to other major problems.

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Posted · Report post

I am happy for your success and I agree with 1151 information. I am so very sorry that you had to go through this.

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Posted · Report post

Congrats on your win. Sorry it took so long.

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Posted · Report post

congrats richjh and I concur with pete53 soory for the length of time it took and thank you for your service

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I spoke with my VSO last week and she said my claim was filed as a 1151 claim. I looked through my decision letter and 1151 is not mentioned anywhere. I am a bit confused as to what is going on. Should it say 1151 somewhere on my claim? I am just playing the waiting game right now.

Rich

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