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    • Sleep Apnea Claim
      There is nothing between 50 and 100%.  You can get: Persistent day-time hypersomnolence ................................... 30   Travis  
    • Footnote One Nehmer (A0)
      38 CFR 3.307 (a)(2) is thrown out the window. They treated me for malaria, but just like described in all medical journals, when a victim is already infected, they "will have a reaction to chloroquine". The VA is denying every reason for me being hospitalized for a month. i told them before I was even admitted as an inpatient that I was eaten alive by misquotes because I had no net the first night or two in the Delta. A month for a chloroquine reaction? Really? Who would believe that? An entire month? A few hours, even a day, but a month? No what! sorry Berta, but it is still just a cover up, hiding the facts, and denying a large retro pay. That is all it has ever been.  Whem my claim was denied, they said Agent Orange "DID NO DAMAGE", and there was "THERE IS NO CAUSAL RELATIONSHIP YET ESTABLISHED///stop there. "Yet established". My claim was denied because they knew in 1968 that the diseases in the Delta were rampant, to the point it was affecting military operations. So, in my denial they did not list a single presumptive condition that is now law. Not one. Nothing was coded.  Time to lawyer up it seems. The VA is wrong, and every last cent I have will be spent proving it, it looks like. Time for the media!
    • Question about NOD wait time after applying.
      II will add this  if your homeless and have or show good reason you need your claim adjudicated  for hardship  they are suppose to speed up/ Expedite   your claim within 30 days.  other than that  they will take there time... The process of changing over to the digitized world is what is slowing down all the claims now...hopefully next year the change over will be done.
    • Question about NOD wait time after applying.
      Wayne Usually after you send in your NOD Request  DRO Hearing  it depends on how many  hearings is ahead of you?...I was let known about my Hearing in 2 months  when an where and time it would be after I sent in my NOD requesting the DRO Hearing.  but it just depends on how busy they are...my last claim  Waco RO sent my claim to Salt Lake City to have a decision made...this was last Jan/Feb 2016 The only explanation I can give  is the rater that read what your C&P examiner wrote down  ''skip your evidence'' he must not have read it?, ...what was their reason for denying your claim the first time? Anyway this is why we Have the DRO Hearings  its better to get your claim decided at the RO Level than wait in line at the BVA.  So the DRO can sort through all this and read your evidence you have now & Listen to you. and its your chance to tell him what you had at your C&P Exam ''clear evidence was right in front of him/her'' why was I denied?? you mention/ show a DRO that and I'll guarantee you will walk out of there knowing that your going to win your claim or increase or what ever....evidence is the whole key to winning your claim. Usually if a DRO Says I'll let ya know in 60 days  after your hearing this is not a good sign  because there unsure of a decision...and it could take a year or two or three. if you don't hear from them in 60 days after your hearing  I'd bug the hell out of them. until I got results.  you can say you did your part now do your part and make a decision on my claim  so that other veterans can get there claims adjudicated as well. Thank you Sir. Its just that some raters & C&P Examiners choose not to read it. I ask a DRO at my hearing one time after the Hearing was over  I ask him why in the hell didn't the C&P Doc read all my evidence?  and by him not reading it obviously I was denied...I ask him what will happen to that examiner? will he get fired? he said probably not...I said well what about all the lies he stated at my exam  will those documents go into my C-FILE ? HE SAID UNFORTUNATELY Yes they will but will never be used against you in any claim you file as this has been adjudicated  once adjudicated they can't go back.
    • Question about NOD wait time after applying.
      Navy 4 Life.......I requested a DRO Hearing.......I read a lot of opinions on here saying DRO Hearing is the way to go so you can challenge the evidence eyeball to eyeball in person.  My question is if my EVIDENCE submitted to DRO is clearly evident that a disability increase has exceeded the criteria for an increase why would I even need to wait all that time on Waco backlog (12-24 mos) for a Hearing date when clear cut evidence sits right there in front of him/her right now?????  This is the question I am still trying to understand / seek out if clear evidence makes any difference time-wise on an NOD to be granted an increase, and thus a Hearing would no longer be necessary (I assume) unless they simply wish to be blind to the evidence and facts to play out the string until a Hearing is set Thanks Wayne. 
    • Is this a cue?
      Ok i'm 100% now as of septermber 2015 but i was wondering my original claim I won sleep apnea and lost depression and anxiety. I filed an apeal for anxiety and depression and also filed a new claim depression anxiety secondary to sleap apnea. well 9 months went by and then they just closed my claim i called they said i had an appeal in for the same thing. I canceled my appeal refiled sleap apnea and depression secondary to sleap apnea and won. I took a break because all this has taken a toll on. me and i had been a 4 year battle because claims use to take 2 years. I think i should of won my original claim, is there anything I can do about this. thanks for all the advice
    • Question about NOD wait time after applying.
      Right now I think the hold up is them getting all documents digitized. The VA was suppose to get the wait time down to 125 days at the end of 2015..they missed that goal and now it looks like at the end of 2016. VBMS is a web-based, electronic claims processing solution complemented by improved business processes. It will assist in eliminating the existing claims backlog and serve as the technology platform for quicker, more accurate claims processing.  .........Buck
    • Question about NOD wait time after applying.
      I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months. WACO is about 12-24 months for a DRO hearing. Did you request a DRO hearing in your NOD?
    • PTSD-MST Treatment(s)
      Yes - please utilize the above link- I had to write the statement for the Parole Board to assist in denying the parole for this inmate.  I made a lot of mistakes with my claim but self education has been essential and being proactive. God Bless.

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SouthernBelle

I Hate The Va! I Hate Them I Hate Them I Hate Them

147 posts in this topic

J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,

TS Snave

Every argument needs a good counter-argument. I believe that 100%. I could be wrong and counter-points is one such way to provide the best advice to the veterans that post here in this forum. I think rental guy had it right- "I still urge you to consider what you are doing before doing it". That should apply to everyone asking for advise. Rental guy & tssnave I welcome your counter-views- this debate will make us all stronger in knowledge.

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The best way to learn is to have a different opinion and thrash it out. As long as we can do this civilly its a good thing and so far that has been done.

TS I cannot speak for John but I think that your opinions are fine for this discussion just for all no need to keep beating any dead horses.

As for me I think that PoolGuy argument makes more sense.

As Alex Humpfrey used to say any extra bites at apple were worth doing.

As far as the rater 's credentials what makes him able to override a Medical Opinion by a VA Doc?

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OK, my 2 1/2 cents,

SB's (husbands) claim issue in question was granted @ 50 %, reconsideration might work. Remember this 50% was granted by DRO Appeal - if the reconsideration doesn't work then

a timely NOD has to be filed - and because the NOD would be on a different issue

than what were the issues of the first DRO another DRO would be allowed, yet

all of this would take a very considerable amount of time.

I think something that hasn't been hashed out is procedures for a

Post DRO and if I remember there are some regs for that.

Also, Southern, I feel it is of great importance for the psyc doc to have some visits with

hubby with you sitting in the hall - this should HELP his claim as doc will have to deal

with hubby's behavior or lack thereof.

Maybe Wings can post them (Post DRO) as she is really great at finding the right regs.

I will try to find it in the mean time.

Hope this helps a vet.

jmho,

carlie

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J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,

TS Snave

TS, I openly apologize to you for asking you to bow out of this topic.

Southernbelle was being pulled like a whishbone being told do this, do that and if a person in her shoes that is not what she needs.

I know everyone means well.

Again I apologise to you.

John

Edited by jbasser

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rental, tsnave, poolguy, anyone,

Is this any help

I couldn't get this to post exactly as the rules read so you

may need to go to the link and read it.

carlie

http://www.warms.vba.va.gov/M21_1MR.html

Chapter 4 - Hearings

1 - General Information On Hearings

Who Conducts Post-Decisional Hearings

3. Scheduling and Preparing for

the Hearing

Introduction -- Schedule the hearing and prepare for it by reviewing the evidence.

This topic contains information on

· scheduling a hearing

· scheduling a hearing when a request is received without a notice of disagreement (NOD), and

· preparing for the hearing.

May 6, 2005

a. Scheduling a Hearing

Schedule hearings within a reasonable amount of time from the date the request is received.

b. Scheduling a Hearing Request Without a NOD

Schedule a post-decisional hearing when a hearing request is received but a NOD has not been filed.

c. Preparing for the Hearing

To prepare for the hearing, review all of the issues and evidence.

Use the table below to determine how to conduct the review.

If …

Then …

the review disclosed a need for additional evidence from a third-party or another issue that should be considered

· request the additional evidence

· address the other issue, and

· refer the issue to the appropriate activity for development.

Note: Do not postpone a hearing for receipt of evidence.

The DRO is empowered to hold post-decisional hearings on VBA benefit issues. The duties and authorities of the DRO may also be exercised by the VSCM.

The DRO serves as an integral member of the Appeals Team, reporting to its Coach.

Note: If the DRO participated in the original decision, another DRO or acting DRO must hold the hearing.

Edited by carlie

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Carlie, I just read through a TON of that stuff, and it is quite interesting. I'm going to use it to my advantage, that's for sure!

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Okay, so the assistant director that I was talked to earlier this week called me back. He had a Decision Review Officer with him, I was on speaker phone and talked to both of them. It was a very pleasant conversation, and I'm hopeful that something will be done. I explained that the doctor was of this opinion, it is in his file, and that I sent in treatment reports from every visit after we filed the claim, so they should have them, they don't, but he's going to talk to Dr. Buffo directly! That alone kind of shocked me. Anyways, the DRO said she was very sorry for the way we had been treated, (apparently, the assistant director warned her about me ;) ), she promised to help any way she could. I cited this court case: http://www.va.gov/vetapp01/files01/0104153.txt and he then asked me to email him the case I was referring to. I did right then, so he should already have it. They asked if we had any family support. I said, "Not really, we exhausted all financial family support about six months ago, and neither one of our families understands PTSD and all that goes with it." It seemed like they really wanted to fix this. It seemed like they thought something was done wrong, but weren't going to admit that it had been. SO, here goes nothing! I've got a whole bunch of eggs in this basket, but not all of them! I'll give them two weeks to see how this plays out. (14 business days ought to do it!) Then I'll send in the stuff I've already written up. Cross your fingers! I've got everydarnthing crossed!

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Congratulations on your day, SouthernBelle. I loved it when you immediately emailed him the case law. It sounds like "you followed your Hadit Personal Statement. you were angry, but kind; demanding, but polite; and firm but soft-spoken" . Glad to hear it was a "very pleasant conversation". After what you have been through lately, many people would of "lost it " and read them the riot act. Please keep us posted on the outcome of this day. Some high level bureaucrats and politicians beguile the constituent and then disappear back behind the curtain. My most positive thoughts are with you and your family this Christmas season. I sincerely hope that your precious little son's mother has a fantastic new year.

Cmdr.Bob

Edited by Commander Bob 92-93

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Awwww, shucks, Commander Bob! You made me blush. Thank you for the wonderful wishes and comments. Sometimes I wonder about myself, ;) but you made me feel like I'm not as crazy as I think I am! :D

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Way to go Belle.

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Way to go SB, you have now set a precident for all of the rest of us dealing at this level.

I have a call in now to the Seattle Director quoting what happened in your case today. They will now have to do the same for me and all of us. They have never let me speak directly with a DRO and now they will have to or Sen. Patty Murray's office will want to know why.

Thank you...Thank you !!!!!!!!!!!!

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DRO review?

When my claim was denied by the VARO rater, the SO requested a DRO review after filing an NOD. The Rater that denied the claim got promoted to a DRO. So the same one reviewed it again and rubber stamped another denial under the DRO review. It was slightly changed from his denial as a rater, but only slightly.

I than requested a BVA traveling hearing. It took four yrs to get one.

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Hello SouthernBelle,

I tried reading everything in this post. I can see why you are angry.

Everyone gave some good advice.

Rentalguy and Berta mentioned something extremely important. From what I read from your attachment, I also can see why the rating was 50%. It was all in the presentation.

What I took from what Rentalguy and Berta,,, "now you know what the requirements are for a 70% rating,,, be that requirement."

So, if it takes not washing and dressing sloppy for a few weeks,,, especially the week you go to see your psychiatrist/psychologist,,, so be it. If it takes being an emotional roller-coaster,,, that provider needs to be aware of such things. ---wink, wink---

Remember,,, if you know what rating you want,,, "be that rating."

PTSD has many, many facets. If the VA rates you at one level,,, I believe it plausible to get the next.

Remember, "be the 70% rating."

You deserve it and much more.

Tayo

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Thanks, Tayo. The thing is this, though: As many PTSD patients know, if you change doctors, it takes a few months to build trust. This was the case with my husband. The treatment records immediately AFTER the dates they used get very detailed and in depth. I sent them the copies, they "never got them." Having said that, they need to look at the most recent treatment records and evaluate based on that. They know it takes a Veteran a while to trust the new doctors, that's why (I think) they used those particular dates; there's nothing TO the treatment. Appointments went like this:

(Doctor) "So, how are you feeling?"

(Hubby) "Fine"

(D) "Anything you want to talk about?"

(H) "Nope"

(D) "How's the medication?"

(H) "It sucks"

(D) "Why?"

(H) "Because. Can I leave now?"

(D) "I really think we should talk"

(H) "I can't yet, I don't feel like it"

(D) "Okay, well, maybe next time?"

(H) "Will there be a next time?"

(D) "Of course, Mr. XXXXXXX, why would you ask that?"

(H) "Just had a lot of doctors ditch me"

(D) "Huh. I'll see you in a month, we will talk then, right?"

(H) "Maybe, thank you for your time, sorry I wasted it."

THIS is what it was like for a few months in a row. (He only had ONE appointment a month). That's why I got so mad. They used the records that LEAST supported the higher rating, even though I SENT THEM the newest copies of everything. They just didn't want to give the higher rating.

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OMG SouthernBelle,

I COMPLETELY understand about sending VA copies of things and they never get it. I just experienced that,,, they told me that "ALL" my documents sent to them were "misplaced."

URGGHHH!!!

I am starting to think that the VA doesn't want to grant benefits,,, that maybe a reason why the most important documents are "misplaced." The documents that would prove a higher rate.

I'm so glad you got to talk to someone. I actually learned from you. I had no idea we could actually call and get to speak with a DRO.

Please, keep fighting and posting what you are doing. Once again,,, I am taking notes so I know what I can do in my case.

Thanks, thanks, thanks, thanks,,,

Tayo

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Tayo-

"now that you know the requirements for a 70% rating...be that requirement" ???? please tell me you are kidding. This boarderlines fraud.

No room for that kind of advice here.

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Tayo...I wasn't saying to "be the rating." That would be falsification, which would put a veteran both in jail and in the poor house. Her veteran is already the 70% rating, and quite possibly the 100% rating. What I was saying is get concrete, documented proof of this, in strict VA language, and then do everything you have to do to stick that evidence under the nose of the rater. It usually is as simple as stating your case to your VA doc, showing them the decision letter, and asking if they can translate their medical opinion into VARO language in the vets records. It has worked well for me, and several others that I have spoke with, including some on this board.

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I told the doctor the truth and I thought I was doing quite well, it seems that my opinion was shall we say not the correct opinion. It is very hard to open up and share. Having PTSD is not like having a rash that we need to show the doctor. While fraud is a crime, it is also a fraud to yourself not to come to grips with a mental health illness that is ruining your life. If that is what in fact is happening then the VA needs to know and compensate you properly. I think he should be 100% without delay.

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Tayo...I wasn't saying to "be the rating." That would be falsification, which would put a veteran both in jail and in the poor house. Her veteran is already the 70% rating, and quite possibly the 100% rating. What I was saying is get concrete, documented proof of this, in strict VA language, and then do everything you have to do to stick that evidence under the nose of the rater. It usually is as simple as stating your case to your VA doc, showing them the decision letter, and asking if they can translate their medical opinion into VARO language in the vets records. It has worked well for me, and several others that I have spoke with, including some on this board.

Bingo. You just hit the nail on the head. Getting the VARO and the VA Doctors on the same page is imparative and can make or break a claim.

J

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Hello everyone,,

I was not talking about fraud.

This is what I am saying:

I have read many post on this site. I have learned many things with the VA. Personally, I am a physician.

When I say, "be the rating" and actually put ---"wink-wink" --- I mean that the majority of us really need to look at our condition. I truly believe that all of us deserve at least the next highest rating. I worked on a few of my friends disability claims. I found that their ratings missed a lot of information. Let me also add,,, these individuals were rated for PTSD.

Anyhow,,, I found in their initial rating,,, they were 50%. I got them to the 70%.

How???

Thoroughly looking in their medical records, talking to them,,, getting permission to speak to their psychiatrist. With that information,,, and knowing the information the VA is looking for to grant the higher information,,, the psychiatrist and psychologist knew what to concentrate on so that the information is correctly entered in the "Progress Note."

With that said,,, be the rating. If you are having times when you are troubled,,, not getting up,,, not grooming yourself,,, don't change only when you are going to see the doctor. That defeats the purpose.

Part of the examination is what the provider actually witness.

Fraud, not at all. Falsification,,, not at all. In other words,,, do not dress up for the doctors appointment,,, do not tell the doctor that everything is okay when everything is not.

However,,, do let the provider know what the VA is looking for when deciding benefits. 9 times out of 10,, the provider does not know. For instance,,, many people ask, "How to tell the doctor how to write a NEXUS letter." This is the same.

So, rentalguy,,, Purple,,, I apologize. I did not make myself clear. I was very angry because these raters have no clue and if things aren't "spelled out" to them,,, the decisions they make may not be the best decision for the veteran.

I am not sure how many "raters" are physicians,,, nurses,,, or any provider. I am not sure if they truly understand the wording in progress notes, laboratory findings,,, etc.

Please, the last thing I want to do is promote falsification. I AM EXTREMELY AGAINST FALSIFICATION!!! Trust,,, I am trying to get the R2 rating. Short term memory loss,,, right side (dominant) weakness. I.V. infusions every 2 to 3 months,,, 30 pills a day,,, walking with a cane AND still falling down stairs, tripping over the dogs, broken arm,,, broken leg,,, no balance,,, etc. etc., etc. AND with all that said,,, not able to practice medicine.

So,,, what can I do. I can sit at a computer. Cognitively,,, I may have short-term memory but,,,, I can write things down. What can I do as a physician,,, I can help veterans find things in their medical records. I can talk to their providers,,, I can word things so that raters understand what is going on with the patient. I can do this for free because, I believe that veterans deserve everything they can get.

We fought hard for our country. Most of us volunteered to serve,,, not wanting to get hurt. Those of us who didn't volunteer,,, went in and didn't plan on getting hurt.

So,,, if I can go through every piece of note in a medical file,,, if I can talk to a provider,,, if I can tell a patient to not "be themselves" when they go to a provider and not "dress up,,," then I will do that.

So, once again,,, please know,,, when I say,, be the rating,,, I mean it. I mean it from the bottom of my heart.

For instance,,, it is like dressing up every Sunday to go to church. But, throughout the week,,, you wear jeans. I am saying,, don't dress up,, wear the jeans to church. Be who you are. Be who you are... Be who you are.

Please,,, I hope this makes things a little clearer.

Tayo

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Hello all,

I just reread everything. I am just so sorry. This site has helped me so much and I feel that I let everyone down. ;)

Please know,,, I by no means believe in falsification. Education, yes,,, but falsification, no. That goes against my creed.

I really hope my explanation I just submitted makes everything clearer on what I meant. If not,,, please let me know.

Once again,,, I am sooooo sorry. I did not mean falsification nor do I promote that. I am so sorry. I really am.

I think I was misunderstood. That is my fault because I was not clear.

Please let me know if I cleared everything.

:D

Tayo

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I understand what you were trying to say now, Tayo. Everything is cool. I didn't know you were a physician. That is wonderful to know and have you here for us.

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Tayo-

Thanks for the explanation, I truly appreciate it and understand as well. Good luck with your claim and thanks for being here to help.

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Thanks so much,,,

It feels so good to be a part of this family. Really,,, In my mind,,, I feel like a younger brother to some (just turned 35),,, and a older brother to others. Like one big family. Literally,,, Hadit has become a welcomed part of my life.

;)

Tayo

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Fraud??? Falsification???......Nah, those are two words commonly used by "controlling" authorities when things become political. I like the phrase, "smart honesty." Remember, the VA isn't trying to find the highest rating for the VET so if you feel sad and depressed at home make sure you are sad and depressed when you see the doctor. Vets get squandered every day when the VA rates claims. YOU are the controlling authority when managing your condition and I wouldn't say it's

fraud or falsification to explain in every detail surrounding your condition and how it affects your daily life. Let's say you felt really depressed for two weeks and then all of a sudden you feel ok the day of your appointment. You better let the doctor know that you HAVE been feeling depressed. You better not tell the doctor you're feeling better just to please the shrink. in other words don't fubar yourself and use "SMART HONESTY." The VA knows this term all too well since they use it on a daily basis.

We all know it is SOP for the VA to rate claims the lowest % possible.

So if you think it's FRAUD to open up to your shrink then what is it called when the VA doen't rate claim according to the Regulations? And what is it called when the VA examiner misinterprets the facts to benefit the VA?? What is it called when the VA doesn't include important medical information when they make a decision??? That all sounds more like fraud to me.

Fraud is a word that's so easily thrown in to make the Vet feel like they are doing something wrong when they really aren't. It's a two-way street in the game of cat and mouse.

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Rental guy..

I am going to take Belles side because you said, to the effect, its a "numbers game only"..that, since maybe her hubbie had only 5 symptoms in the 70% category, and 8 sypmtoms in the %50 category, that he must be rated at 50%. I dont agree with that because that assumes that all symptoms are alike, and have equal weight..that suicidal ideation with intent to plan is the same as an inability to maintain relationships, for example.

It does not take any VA "fuzzy math" for me to know that suicidal ideation with intent or plan, could have a far different consequences than just not getting along with your spouse..and that these symptoms are NOT equal in importance.

Further, I contend that if Bells Hubby DID have suicidal thoughts (no offense Bell..I am not sure whether he does/does not have SI..I am just making the point that "all symptoms are not alike"), that "symptom" MUST be taken seriously by the VA, or else they are demeaning the Veterans life!

Edited by broncovet

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Hello,

Many of these problems would be solved if the VA rated claims the same way Social Security determines if someone is disabled or not. You could have a disabling condition keeping you from working or going to school but the VA will only rate you on the severity FROM SYMPTOMS, not that you can't sustain a job. The Social Security will grant you full disability from not being able to work or go to school.

It's not in the VA's best interest to evaluate disabilities based on the hinderance of job function or your inability to get an education.

Take it as it is and I say, "GIVE EM ALL YA GOT AND THEN SOME."

Oh, and be persistent as hell. Make them know you're not going away. You will succeed in the long run, as long as you're a LONG DISTANCE RUNNER.

outa

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I know it easy to "HATE" B) the VA. I like to suggest using, "CONTROLLED ANGER." :P

"GET EVEN" B) IN OTHER WORDS.

Don't let up and keep fighting until the end. Many "GIVE UP" :lol: on their claims and the VA sees this as a "WIN IN THE BOOKS." B)

I KNOW IT'S EASY TO THROW IN THE TOWEL BUT DON'T QUIT.

"DON'T LET THEM WIN SO WE CAN ALL HAVE A NICE GLASS OF WINE IN THE END."

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Since 1991 when I got into this mess the VA has to face the fact that the number of Veterans that they serve are dying off at a pretty quick clip. So it would sevre their job security better to help Veterans. I wonder if they will ever see the light.

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Broncovet:

Those who continue to think in this manner are those who are destined to be caught up in the VA process of appeals for years and years. You can either learn how they operate, fall in line, and get a quick win, or you can buck the system and try to tell them the way they SHOULD adjudicate claims and continue to lose. The choice is yours.

Of course it makes no sense to do things the way the VA does it. However, they do it the way they do it, and bucking their system during a claim may be helpful to bring about change in the overall scheme, but it only serves to hamper your own claim. You should learn what evidence it takes to get a specific rating, gather that evidence before filing, then, when your claim is settled, you can contact the VA, your elected officials, and the media in an attempt to change the system.

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Since 1991 when I got into this mess the VA has to face the fact that the number of Veterans that they serve are dying off at a pretty quick clip.

The stats on the death numbers vary among the WWII vets, around 1,100 a day.

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You made some very good points! I would also clarify the gather your evidence before filing part though. The clock starts ticking when you FILE - not when you get all the evidence. Gather SOME evidence - FILE - and then start getting the evidence you need to support the claim.

I had a friend who got approved for A&A on his VA Pension. He was going to a Vet Rep. The Vet Rep said he would have to wait to file until he got doctor statements before he filed.

I told him - FILE - and then get the doctor statements. If the VA approves - they will pay back to the day you FILED. Waiting to get the statements first could cost you several months in benefits.

He shared that with his Vet Rep and the Vet Rep decided it was a good idea.

Then the Vet Rep said he had to go to a C&P and get evaluated. But he was already on a program where the State actually pays someone something like 50 hours a month to come in and do things for him. It is a program to help people who are disabled stay out of nursing homes.

I told him - the STATE has already evaluated you and determined you need some type of aid and attendance. Make sure the Vet Rep KNOWS that.

I would think the fact that the State had already determined that they needed to spend THEIR funds providing him with in home care would be some pretty strong evidence --.

So he shared that with his Vet Rep.

He actually got approved pretty quickly for A&A....and got paid back to the date he FILED.

Free

Broncovet:

Those who continue to think in this manner are those who are destined to be caught up in the VA process of appeals for years and years. You can either learn how they operate, fall in line, and get a quick win, or you can buck the system and try to tell them the way they SHOULD adjudicate claims and continue to lose. The choice is yours.

Of course it makes no sense to do things the way the VA does it. However, they do it the way they do it, and bucking their system during a claim may be helpful to bring about change in the overall scheme, but it only serves to hamper your own claim. You should learn what evidence it takes to get a specific rating, gather that evidence before filing, then, when your claim is settled, you can contact the VA, your elected officials, and the media in an attempt to change the system.

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...I would also clarify the gather your evidence before filing part though. The clock starts ticking when you FILE - not when you get all the evidence. Gather SOME evidence - FILE - and then start getting the evidence you need to support the claim.

...If the VA approves - they will pay back to the day you FILED. Waiting to get the statements first could cost you several months in benefits.

As we all know, without the proper evidence, that can be a BIG if. That is why I say to gather all evidence required to prove your claim prior to filing. Most vets who file for VA disability compensation need the monthly income right then. If they go ahead and file a poorly compiled claim, they could end up in years of appeals. This would make for a very healthy retro check, but could cost that vet his car, his home, his family, and in far too many cases his life. If he had taken one extra month to gather the needed evidence before hand, it is possible that all of that time in appeals could have been avoided.

It sounds like your friend had a very good claim built on solid evidence that was readily available, too.

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I'd have to disagree with waiting to file. If you have a disease with continuity of treatment from discharge on then go ahead and file. Remember, it's retroactive so you get paid starting the month after the month you file your original claim.

You could lose some of that fat retro check if you wait too long and sometimes it's a hinderance to your claim if too much time passes before you file.

I'd say as soon as you feel you have a case go ahead and file. As long as you get the VA the evidence they need within six months to one year after filing then go ahead and get it going so you want lose some retro.

outa

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As we all know, without the proper evidence, that can be a BIG if. That is why I say to gather all evidence required to prove your claim prior to filing. Most vets who file for VA disability compensation need the monthly income right then. If they go ahead and file a poorly compiled claim, they could end up in years of appeals. This would make for a very healthy retro check, but could cost that vet his car, his home, his family, and in far too many cases his life. If he had taken one extra month to gather the needed evidence before hand, it is possible that all of that time in appeals could have been avoided.

It sounds like your friend had a very good claim built on solid evidence that was readily available, too.

Both Free and Rental bring up good points. If it is going to take a long time to gather all of the evidence, I would submit the claim with as much as I had and start gathering for an update as Free suggests. If you can get all of the evidence together within that month that Rental talks about, then you should wait the month and get your claim as complete as possible to alleviate having to NOD or appeal. It's not cut and dry. Each claim is different and you have to weigh the consequences of filing without all of your evidence.

s/Mags

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My point is that if the evidence can be gathered in a month (or even several) - I would suggest filing the claim (filing date starts) and still being VERY proactive and sending all the evidence in fairly quickly.

I cannot see the difference in terms of being approved between filing and then sending in a well developed claim within a month or two, or sending all the evidence when you file.

There is a certain amount of time used regardless. The VA has to acknowledge the claim - send out the VCAA notice, etc.

I think there are more ways to do it than the two options of either waiting until you get all the evidence to file - or filing without all the evidence and being stuck in appeals for years.

One more option would be to file, and work quickly to submit a well developed claim with supporting evidence within a month (or two or three) - submit the form that says you have no more evidence to submit and ask them to make a decision on your claim.

The key is in knowing what you need to prove the claim. Often the lengthy appeals are the result of not knowing this - and not based on whether you had all the evidence together before you filed or soon after.

Of course, what would I know. I am still trying to get paid my widow's month of death payment and my burial claim.

And I DID submit all the evidence for my burial claim. Receipts from both funeral homes, receipt for the purchase of the cemetary plot -- but they still said there is no evidence that there were any interment expenses.

They HAVE actually admitted to losing my claim two times though.

Free

As we all know, without the proper evidence, that can be a BIG if. That is why I say to gather all evidence required to prove your claim prior to filing. Most vets who file for VA disability compensation need the monthly income right then. If they go ahead and file a poorly compiled claim, they could end up in years of appeals. This would make for a very healthy retro check, but could cost that vet his car, his home, his family, and in far too many cases his life. If he had taken one extra month to gather the needed evidence before hand, it is possible that all of that time in appeals could have been avoided.

It sounds like your friend had a very good claim built on solid evidence that was readily available, too.

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I can't disagree with the logic, but if you don't send it in all at once, there is more of a chance of the VA "losing" your evidence, or it otherwise never being seen by the rater.

Crypto: like I said, most vets need the money right then, not two years from now in the form of a retro check. I understand that you still get the same amount, but that retro check willnot bring a family or life lost to suicide back.

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Good point there. I wouldn't suggest that anyone send in evidence here and there whenever they get it. Good point about making that ONE submission. I think what you and I are talking about is almost the same. You are saying get it all together all neat and tidy and then file. I am saying file - and then get it all together all neat and tidy and send the rest of the claim in - in one neat package.

But I guess everyone will do what they feel is best.

If it will take awhile to get the evidence - then putting off filing is also a valid point. Because even if they are supposed to wait until you submit the evidence - they have an amazing way of not giving you a year. And once they have issued a decision - that kind of sticks with you. You can send the neat and tidy package - and they are supposed to readjudicate your claim. But it is often easier for them to just write whatever the person before them wrote - and add a couple lines to let you know they glanced at your stuff.

Free

I can't disagree with the logic, but if you don't send it in all at once, there is more of a chance of the VA "losing" your evidence, or it otherwise never being seen by the rater.

Crypto: like I said, most vets need the money right then, not two years from now in the form of a retro check. I understand that you still get the same amount, but that retro check willnot bring a family or life lost to suicide back.

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Rental guy..

As much as I hate to admit it, you are likely right...that is, even tho, it is preposterous to count "suicidal ideation" on an even keel with the inability to get along with people, you are likely right, that some VA rating specialists DO count up the number of symptoms, and then rate the Veteran according to the number of symptoms in the 50% rating criteria vs the number of symptoms in the 70% rating criteria without assigning any importance to the symptom. Of course, other rating specialists probably rate them on a "shoot from the hip" method, or some other reason..I think it was Hoppy who suggested a "hidden agenda"..

I have heard rating specialists, on another forum say that they werent gonna give the Veteran "one red cent" MORE than the "book" says. I wonder if the person that said that expected their boss to give them a raise in the same manner..or, would they want their boss to dole out raises much more generously.

From the Veterans point of view, I would say most Veterans want to know WHEN they get there raise, before they know how much of a raise they will get. If I offered you a 200% raise..in 20 years, or a 5% raise NOW, which would you take? I think most of us would take the "now" raise. Most Vets are ticked off more about the When of our benefits than the how much. I have waited more than 7 years..and, you are right that at least part of that is my own fault even thou I would love to Blame the VA.

I think what you are saying is that the VA makes the rules, and if I want to get paid, I have to play by their rules rather than whine about them, say how they dont make sense, etc.

That being said, I have noticed a great disparity between the Regional Office level, and the BVA level..frankly the BVA applies the laws in a MUCH more consistent way. That is, I have gotten a much fairer shake from the BVA than the RO. I have had ONE BVA decision, that was fully favorable and 5 RO decisions 4 of which were total denials and one was only partially favorable. I am frankly convinced the RO is unhappy with the BVA decision and has spent the past 5 years trying to limit it as much as possible. Is the RO wrong? Yes, they are..however, the BVA award does not pay my bills..only RO decisions. I am confident that eventually the RO will pay, but, because I was much less than complimentary to them, they are going to make me wait as long as possible on my benefits.

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I can't disagree with the logic, but if you don't send it in all at once, there is more of a chance of the VA "losing" your evidence, or it otherwise never being seen by the rater.

Crypto: like I said, most vets need the money right then, not two years from now in the form of a retro check. I understand that you still get the same amount, but that retro check willnot bring a family or life lost to suicide back.

I do understand completely your point and that is why i stated that the evidence should be submitted within a certain time after the filing. The VA will take time to develop the case anyway so you might as well go ahead and file if you know you will have all your ducks in row soon.

You point is well taken and you're absolutely correct in certain cases.

outa

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I just sent Belle a message and immediately got a pop up message from her that said they were granted 100%. I`m not familiar with that pop up message. Of course I have been gone awhile.

Cavman

Edited by Cavman

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You must have missed the part about not having the paperwork, so don't say anything yet. I don't know all the details, I just got a phone call on Monday, and the guy said my husband was approved for 100%. I don't know if it is P & T, or TDIU, or what, but we got a deposit in the bank, too, so I believe the guy who called.... I just didn't want to say anything until I had more details. The pop up message is a PM. :P I will post the whole shebang in the "Success Stories" section when I get the paperwork! :lol:

I just sent Belle a message and immediately got a pop up message from her that said they were granted 100%. I`m not familiar with that pop up message. Of course I have been gone awhile.

Cavman

Edited by SouthernBelle

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CONGRATS!!! and awesome work!!!!

Can't wait to see the details in Success Stories soon!

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Thank you. Thank you, everyone on here. Tomorrow is a holiday, so hopefully, Tuesday, we'll have the famous brown envelope! :P

CONGRATS!!! and awesome work!!!!

Can't wait to see the details in Success Stories soon!

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Congratulations !! I ll be looking in success stories

Paul

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