The Compensation program provides tax-free monthly benefits to Veterans in recognition of the effects of disabilities caused by diseases, events, or injuries incurred or aggravated during active military service. The program also provides monthly payments to surviving spouses, dependent children, and dependent parents in recognition of the economic loss caused by the death of individuals during their military service or as a result of service-connected disability after their discharge.
THIS IS A LINK FOR VETS LIVING OUTSIDE US. IT HAS ANSWERS.
I DONT THINK IT MATTERS WHICH ONE YOU CHOSE. YOUR HEARING DATE SHOULD HAVE HAD A TIME AND PLACE?
I had a BVA Hearing with a judge while accompanied by my lawyer on a CUE claim. I found the BVA judge to be just a person who gathered minimal information and accepted my lawyer's brief. Nothing was decided at the Hearing. I got a denial about 4 months later where the BVA could gather their lying lawyers and judges to write statement that would force me into going to Court of Vet Appeals. The best thing I ever did was to get my claims decided and won at the RO level. Once claims get beyond the RO it becomes more and more difficult to add evidence and get face-to-face with actual deciders.
If a claim you file is going to impact a whole class of claimants besides yourself then beware because the VA and their lawyers and so-called judges will do everything in the world to deny that claim IMO. If I had won my CUE it would have been precedent for all the vets who had claims that were made before the 1990's. The VA was not going to allow that liability. The Court judges have so much lee way on claims like CUE claims that unless it is black and white with not the slightest measure of doubt it won't fly.
Back in 1973 I got 10% rated for schizophrenia. Now all these years and many claims later I am P&T plus SMC "S". This is because the VA did not have a DX of PTSD at that time. Since that time VA has changed DX'es on me many times to include bipolar, MDD, anxiety disorder, back to schizophrenia so the actual DX means nothing once you are connected for a mental health issue. Chronic pain disorder is a mental health DX. If vet's records list any treatment for mental health issues or if he has stressors for PTSD he can claim PTSD or any other mental health issue that is backed by evidence of service connection. I got "some" good advice and I claimed my mental health issues within one year of discharge. For PTSD you can wait 60 years and still claim it if you have symptoms that persist and you have verifiable stressors such as CIB or PH. If the vet has an 80% rating and one rating is at least 40% he can claim TDIU and should do this immediately if not sooner. If it were me I would be claiming the PTSD and TDIU for the AO conditions. There are WW11 and Korean War vets who have claimed PTSD successfully in recent years. There is no way your brother should go another 18 months without either 100% scheduler or TDIU P&T. Once you get a MH service connection you can then use IME's to bump it up to 70%-100%. The VA is playing a shell game with making themselves the only ones who can DX PTSD. This is completely absurd since PTSD is diagnosed in the general public among crime victims, accident victims and law enforcement often and the VA is not there. One of our posters had his PTSD claim denied because VA said he did not claim it while he was recovering from extensive wounds and then discharged. This is why they call it Post Traumatic Stress because it is after the event (maybe years after) that the stress is finally recognized or become symptomatic. Because I can claim only one MH disability for compensation there is no use in me reclaiming PTSD now. I already get 70% for MH.
I have finally succeeded to have a BVA hearing in April. It is scheduled for a video hearing in Phoenix. However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face. Do I have a better chance of success with a personal hearing...or, stick with the video hearing? Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference. Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states. Your feedback would be appreciated. Thank you.
My husband received his letter today. Good news is that overall he went from 30% to 50%. He received 0% on the issue that I was asking about earlier. It was denied in the past. So full benefit does not mean the top % allowable.
One thing that confuses us is that there is no mention of retroactive pay at all. Original claim was 7 years ago. The claim that I mentioned earlier was dated back to 2010. However, it went from denial to 0% so that means no retroactive money. The claim that increased for 0 to 20% is one that they said worsened. However, they dated it effective this month. Anyway, a little disappointed that he will not get back pay after all of these years. However, thankful that he reached that 50% threshold for all of his injuries during active duty.
Thanks for your help....
Berta, I found an interesting dialog in Winters Soldier about VD and Agents white, blue, and orange. I have searched the topics here and I don't see anything that relates. Maybe you could advise or put this under the proper topic?
Haven't been here much lately. All the bs with my MST memories being totally recalled have got me strung out. It's all I can do to just live. On the plus side, my therapist was very understanding, and said that this would explain all the issues we had been working with over the past 2 years.
I joined an online survivors website...they have been an absolute dream! At least somebody knows my pain, and feels it too. I hate this so dog gone much!!!!!!!
I have met with the Neurologist concerning my head MRI and I feel a little relieved that the area of the stoke is called the 'silent zone', meaning when stuff happens there one usually does not suffer and motor disruptions. No Parkinson or Parkinsonism, just need to keep my DMII and blood pressure under control. The small vessel disease in the brain is more than likely due to diabetes. Good news for once!
Once you know you are eligible for VA Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.
Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
disease (including aggravation of a condition existing prior to service)
while in active service if the injury or the disease was incurred or
aggravated in line of duty.
Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.
This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.
Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.
Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.
Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.
It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.
Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.
A good site for these claims is http://www.vetwow.com
This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.
Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.
Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.