VA is driving me crazy....

[Marti]

Hello...
I've been dealing with the VA for almost two years. I have seen 3 different neurologist with my own money. My first claim was not very clear because at the time the doctors didn't know for sure what they were looking at. They wanted to say I had ALS, but my symptoms were very slow. I sent all my doctors reports. It states clearly on my reports that they suspect ALS but was unsure. Finally on Dec.1st my neurologist diagnosed me with ALS. I went to the PVA the next day....dropped off my report stating that I have ALS. They told me I should automatically get 30%. It has been two weeks haven't heard shit called the 1800 # they told me that they needed evidence of servers connection...OK I AM PISSED! Called the PVA and didn't understand why I haven't got my 30%...DAHHHH..I think someone isn't doing there job. I understand that they have 1000s of claims, but don't bullshit me. I have medical bills out my ass..it is Christmas. I can't work full time anymore..I just need help...Then I asked that if I would get retro money back for my first claim and he told me no...WTF.....what to do...get a lawyer....:-x

 

[Blubear]

Hi Marty....Well, my father has also filed with the VA and they told him no problem....that was weeks and weeks ago. From what I have read on this forum, get ready for a big headache when dealing with the government. As for you going through this right now, at Christmas and being newly positively diagnosed.....I am sending you a big hug hun...ya need it!
Hugs,
Blubear

 

[indigosd]

Marti and Kari, For most people, the VA is horrible process and a constant stuggle. A diagnosed of ALS is a PRESUMPTIVE! YOU DO NOT NEED TO PROVE A SERVICE CONNECTION! The service connection is great IF YOU CAN GET IT! I think that the issue is that the individual Regional offices make the determination of the Federal Guidelines and can interpret it personally-that is why we see so many denials and appeals. Yes, there is a back log of claims BUT ALS is suppose to be moved to the top of the pile. That being said, my personal experience was that I followed ALSA advice and used PVA for our advocate and it was horrible and we were denied. Not all advocates are created equally. :[ In my opinion there are two critical things that have to be addressed before you file; PICK YOUR ADVOCATE CAREFULLY-interview them-see if they have represented ALS Vets in the past-are they passionate and committed to representing you and do they understand the LAW and the VA? Two, make certain that your file is complete- the most important thing is a letter from your Neuro stating the diagnosed of ALS and that due to terminal nature of this disease this claim must be expeditated! You do not need a million of pages of evidence for them to wade through-it only ties things up. I also found the web site VA Watchdog. org to be incredibly helpful and full of GREAT information. Jim Strickland is a true Advocate and has written a handbook on how to submit a claim. He actually helped us find an Attorney to represent us in the appeal process. Good luck. Kay Marie

 

[indigosd]

Kari, does this answer your question in the pm? hugs, Kay Marie

 

[DgtofTNfan]

Marti, I am so sorry you are going through all of this. Dealing with the paperwork required by the VA is mind boggling. Everything requires a form and the forms are referred to by numbers and military jargon. My hubby had to help me translate.

We however had a much different experience with the VA. The PVA rep was wonderful. He was involved and knowledgeable in the ALS community and has spoke at ALS support groups on working with the VA to file for disability. He also attended the Spinal Cord Clinic at the VA once a week (this is where many of the ALS patients are seen at the VA here locally). So I completely agree the choice of rep is very important.

My Dad already had the bipap and PEG at the time he applied along with a definitive diagnosis so this is likely why his application was processed so quickly. However he still had to go through the C & P evaluation by the VA doctors to "validate" for lack of a better word what the ALS/Neuro doc had diagnosed and his service records were requested even though service connection was assumed. The process was expedited and took about 2 months.

I hope your application is finally on the right track and you can get the assistance you desperately need and so deserve.
Dana

 

[Zaphoon]

Marti,

Man, I feel for you! Your situation makes me want to go to work for the VA just so I could have an in-road to help you out. I'm a good problem solver when it comes to motivating people to do their job! I guess that's why I work alone now (ha, ha)!

I haven't filed a claim because of a PLS diagnosis. I've seen others get rejected and dejected by the process.

I hope things speed up with your claim in a positive way!

Kim

 

[indigosd]

Found this!

Department of Veterans Affairs

“Presumptive” Disability Benefits for Certain Groups of Veterans



What is “Presumptive” Service Connection?

VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.



What Conditions are “Presumed” to be Caused by Military Service?

Veterans in the groups identified below: Entitlement to disability compensation may be presumed under the circumstances described and for the conditions listed.

Veterans within one year of release from active duty: Veterans diagnosed with chronic diseases (such as arthritis, diabetes, or hypertension) are encouraged to apply for disability compensation.

Veterans with continuous service of 90 days or more: Veterans diagnosed with amyotrophic lateral sclerosis (ALS)/Lou Gehrig's disease at any time after discharge or release from qualifying active service is sufficient to establish service connection for the disease, if the veteran had active, continuous service of 90 days or more.





Former

Prisoners of War
Vietnam Veterans

(Exposed to

Agent Orange)
Atomic Veterans

(Exposed to Ionizing Radiation)
Gulf War Veterans

(Undiagnosed Illness)

(1) Imprisoned for any length of time, and disability at least 10 percent disabling:

· psychosis

· any of the anxiety states

· dysthymic disorder

· organic residuals of frostbite

· post-traumatic osteoarthritis

· heart disease or hypertensive vascular disease and their complications

· stroke and its residuals



(2) Imprisoned for at least 30 days, and disability at least 10 percent disabling:

· avitaminosis

· beriberi

· chronic dysentery

· helminthiasis

· malnutrition (including optic atrophy)

· pellagra

· any other nutritional deficiency

· irritable bowel syndrome

· peptic ulcer disease

· peripheral neuropathy

· cirrhosis of the liver


Served in the Republic of Vietnam between 1/9/62 and 5/7/75:

· chloracne or other acneform disease similar to chloracne*

· porphyria cutanea tarda*

· soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma or mesothelioma)

· Hodgkin's disease

· multiple myeloma

· respiratory cancers (lung, bronchus, larynx, trachea)

· non-Hodgkin's lymphoma

· prostate cancer

· acute and subacute peripheral neuropathy*

· type 2 diabetes

· chronic lymphocytic leukemia



*Must become manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service.


Participated in atmospheric nuclear testing; occupied or was a POW in Hiroshima or Nagasaki; service before 2/1/92 at a diffusion plant in Paducah, KY, Portsmouth, OH, or Oak Ridge, TN; or service before 1/1/74 at Amchitka Island, AK:

· all forms of leukemia (except for chronic lymphocytic leukemia)

· cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (kidneys, renal pelves, ureters, urinary bladder and urethra), brain, bone, lung, colon, ovary

· bronchiolo-alveolar carcinoma

· multiple myeloma

· lymphomas (other than Hodgkin's disease)

· primary liver cancer (except if cirrhosis or hepatitis B is indicated)
Served in the Southwest Asia Theater of Operations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as:

· chronic fatigue syndrome

· fibromyalgia

· irritable bowel syndrome

· any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection



Signs or symptoms of an undiagnosed illness include: fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, GI symptoms, cardiovascular symptoms, weight loss, menstrual disorders





For More Information, Call Toll-Free 1-800-827-1000 or
Visit Our Web Site at U.S. Department of Veterans Affairs.

Compensation and Pension Service – December 2008

 

[georgia]

I think there are two misunderstanding here. The law that made ALS service related did not go into affect till Sept 23,2008 so that would be most you would have gone back and that your diagnosed is Dec 1 2009. Things are now based of that date SSDI included. When you quit work because of symptoms is figured into SSDI back pay minus the 5 months wait. Even with PVA I don't think 2 wks to expect an answer is realist.

For us we filed Sept 24, 2008 and didn't have the C&P exam till May 09. Got final answer 100% July 09. It was back paid to Sept. These symptoms started 05. He was already in the system for other things since 2002 and they had done all the testing so no out of pocket. He already was 40%.

Good luck but don't expect overnight.

 

[piperl4]

I know the VA is very frustrating as I have been going to them since Oct 1970 when I was first rated after returning from Viet Nam. I soon learned that doing this battly yourself is not wise. I picked the DAV as my advocate and have been happy so far. Now I was diagnosed with ALS about a month ago I did use them to submit my claim even though I understand the PVA has more experiance and understands the rules more for ALS. I guess after all this time and the DAV investing hundreds of hours in helping me I just could not turn my back on them yet. I will give them a chance on this and see how they do. So far the letters I have seen have been what I feel anyone would ask for and send. My case should not be rocket science diagnosed by Johns Hopkins and followed up by 2 other doctors who all wrote in very much detail every test that was given every dieases that was eliminated and exactly how they came to ALS as the diagnoses. Now whats some nut reading this at the VA find my file and make a lier of me and put it at the bottom of the pile. I do expect a reasonable period of 3 to 6 months for a ruling but do expect it to be in my favor. Ok so now I have also jinxed myself. Where my heartburn will come in was I was diagnosed at first with PLS and as I had the symtoms of PLS while of active duty did submit a claim and then later withdrew it and filed for a ALS claim after the doctors decided to make up their minds. I feel the VA has made up its mind on PLS and shut the door on those people even if it is a form of ALS. I sent letters to 3 Senators today asking how the VA can exclude these people. Its like two fingers are broke but we only give compensation for the left hand not the right. They just never thought it out, and based on the supposedly rarety of it did not address it, not they got caught blindsided and do not know what to do so just deny them all.
Dave

 

[Aleta]

I also had a question regarding the percentages and this what the PVA sent me. I plan to continue to work with the PVA as they have been helpful in getting compensation. We just received approval for A&A.

Hi Mrs. Peer,

I understand your concern regarding the percentages and I realize that trying to figure out the percentages can be difficult. You may not have known this but the VA does not merely add up all of the percentages to arrive at the overall evaluation for compensation. Mr. Peer has a 50%, 30%, 20%, 10%, 10%, 10%, and 10% so in our minds we would think that his percentage would be 140%. But it's not for VA purposes. The VA uses what's called a combined rating table. This table allows them to calculate a veteran's disabilities based on the most severe to the least severe. Mr. Peer's overall evaluation is 90% plus entitlement to aid and attendance. It would not matter if his evaluation was 100% plus entitlement to aid and attendance. The compensation (monthly monetary allowance) would still be the same because the aid and attendance is the higher benefit. It is hard to explain through email but I could show you the table and how it works if you would like to meet with me.

This is why it is so important that you all keep me in the loop when there is any change to Mr. Peer's condition. This will allow me to file claims as necessary. For example, when Mr. Peer is evaluated for power mobility I will need to assist you all in obtaining a copy of the medical records so we can file a claim for an increase. Also, if his upper mobility strength continues to decline I will need a copy of the medical report to file a claim for an increase. If any other disabilities result because of the ALS or if any of the disabilities he is service connected for due to ALS get worse I need to know this ASAP. You all are doing a good job at staying on top of this and keeping me in the loop.

Feel free to contact me with any questions or concerns.

Thank you all for allowing me to assist. It truly is my pleasure.

 

[ZenArcher]

Aleta the fastest way to get 100% is loss of use of hands and/or feet. Remember that loss of use does not necessarily mean complete paralysis. Does your husband require a wheelchair or use AFOs and/or cane/walker to walk? If so apply for loss of use of foot or feet. Can he button his shiirt/pants? If not apply for loss of use of hand(s).

In addition A&A is payable at SMC L. With loss of use of hands/feet that begins going up. I am at SMC R2 and have been for some time. Until you are apply for an increase after any doctor visit that notes progression. And as I said above get loss of use.

 

[Aleta]

Thanks Jeff. We are suppose to go back to the clinic next month and we will discuss his progression. He currently uses a walker and we are going to the VA to him fitted for a wheelchair.

 

[iflyfish2]

I have only positive things to say about PVA, paralyzed veterans of America, and the help and advice they have given me. I just received my letter from the VA evaluation which took about four months. If you do not go for an evaluation the most you will get is 30 percent if you do go for the evaluation, which PVA set up for me, you can receive 100 percent. Give PVA A CHANCE, THEY WALKED THE PAPERS THROUGH FOR ME AND GOT THE VA TO GIVE ME A PHONE CALL LETTING ME KNOW WHAT WAS GOING TO HAPPEN and what I will receive ON CHRISTMAS EVE.

 

[Marti]

I just want to thank all your for your post I just got a letter from the VA. I am finally going to get a evaluation...Don't know when my 30% kicks in, but I hope really soon....Yes the PVA rock! I don't know what % I will get because I have a slow progressive ALS....but Mr. Mitch my PVA rep. said if I can get my neurologist to date back from when my symptoms started which in my military. My records show that it started in the ARMY...hip and left leg felt out of place..planter fasciitis in left foot, sciatic nerve pain going all the way down my left leg.....which started in basic AFTER ALL MY SHOTS!Well I can keep on but all I can say is Thank you and I hope you all had a great Christmas and have a great New Years....I think we all need to have a drink of tonic and gin at midnight..

Peace be with you
Marti

 

[piperl4]

Jeff, how do you feel about making a change in mid stream from DAV to PVA. The DAV filed my ALS claim and at this point it is two early to tell what is going on as its been only 4 weeks now and I have received two letters from the DAV showing that they sent the diagnoses letters to the VA. But I have not heard back from the VA on the ALS but instead had a C&P thrown on me for an already existing 40% for back injury. I still have not figured that one out yet. But I know the DAV has cut back on Staff a bunch and are only in Wilmington DE Mondays and thats it. You can never reach them by phone. So its really hard to do but maybe it is time to switch but I do not want to throw my claim into limbo by doing it. Any suggestions welcome.
Dave