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    • Is it possible to back date disability pay to time of injury?
      I deployed in 2007 to Iraq. Came home and served the remainder of my contract, ets'd, and began claiming disabilities staring with PTSD. I was awarded 50% in 2012. I was given back pay for the 6 or so months that it took from the time i filed the claim until the time they awarded me 50%. Recently, a friend that i served with filed for a TBI that he received during a 2011 deployment. He was awarded 80%. Instead of giving him back pay from the time he filed, he received back pay all the way back to the time of injury. Needless to say the amount was tens of thousands of dollars. Now my question is, is there some way i can have my original rating of 50% back payed from my deployment in 2007 instead of just from the time i filed in 2012?
    • Feeling Hopeless - this can't be right.
      Dear Veterans, I just received another denial letter from the VA for my Left Knee and Sleep Apnea service connection. I'm currently working with a VA Claims Specialist in Long Island, New York to help me with the claims process. He has told me we will have to file a Notice of Disagreement / De Novo Review for the Left Knee and Sleep Apnea. He also advised me this process could take up to 1-2 years. This is unfortunate and I want to make sure the VA has everything they need to give me the proper decision.   I've attached pictures of my original claims from July 2013, and the decisions I've received for Sleep Apnea and my Left Knee condition in May 2016. I originally submitted my Left Knee claim right before I got out in July 2013 and I was denied. I dislocated my Left Knee cap in 2012 while in service. Since 2013 my knee has gotten worse, I've attended many months of physical therapy and I recently had surgery in March 2016. My knee is now worse after the surgery, I'm unable to run and I'm still in physical therapy. All of this is coming out of pocket because the wait times were too long for physical therapy at the VA Hospital, and I didn't trust the VA with surgery. I was unable to submit the surgery to the VA because I received surgery after I submitted. I've submitted two (2) lay statements, a physical therapy report, and VA examination which was requested by the VA. The VA examination explained that I couldn't stand up for more then 15 mins without pain and that my knee would lock up making it difficult to walk.  I was diagnosed with Sleep Apnea in October 2013, just 3 months after I got out in July 2013. I submitted the claim a few months after because I wasn't sure about the claims process. I've submitted two (2) lay statements from Marines I deployed, lived and served with. I also have the doctors report from the VA hospital sleep study. With all this evidence I was still denied the claim. When I spoke to the VA rep on the phone they told me they didn't have my lay statements, however, the VA Claims Specialist I'm working with said this wouldn't matter because I was diagnosed within a year of discharge. I'm currently 50% with Anxiety and Depression and I have a special purpose claim for Erectile Dysfunction. Furthermore, the Left Knee claim is coming up as (New) on eBenefits even though I originally submitted in July 2013. Once I receive a decision will they back date the claim to July 2013 or from when the new claim was submitted? I appreciate all the help and suggestions you can offer.  Semper Fi
    • My C&P Results and why i'm disturbed
      Cobra4v: Yes; I'm at 90% also and got low-balled and denied on several of my contentions. I was hoping to get this corrected via my NOD but although I ordered my C-File 11 Months ago, it will be at least another 6-8 months before I see it. A few Vets on this Forum Suggested that I go to VA Secretary McDonald but we should not have to do that. I was not able to get new exams but it's really unfair that folks with NODs and other actions should be given priority for their C-Files. Frankly, FOIA says that the government has only 20 days to answer FOIA requests within that time period and then they are in violation of the law. I'm not a fan of lawsuits but VA needs to either meet these legal suspense's for FOIAs and C-Field or pay a penalty to Vets that are unable to meet their own suspense's and the VBA required suspense's for NOD's and Appeals. That said, like most Vets we just need to keep chipping away like ASKNOD over years to get what most vets deserved in the first place. Good Luck and Godspeed on your endeavors -Rootbeer22     
    • IME and Physician conflict of interest
      Old Joe I would say Veterans are fine as long as the "benefit of doubt" does not go out the window. Most folks resort to an IME/IMO because the VA is scandalous, the VA breaks the law and goes against clear, crystal clear, regulations.  It is only with an IME/IMO that you can blow their hired docs BS out of the water. The system is a completely adversarial nightmare, even though the law states differently. That is the way it is.  I don't agree with it, and I don't put up with that crap, just like most of us, Veterans and dependents, who fight for benefits and win, not because the VA finally gave in, but because the VA can't keep dodging the law. As long as we, Veterans alike, keep fighting,we will be victorious, because the regulations and laws state when we are in the right.
    • IME and Physician conflict of interest
      You have about 3 choices: 1.  Wait for this doc. to respond.  2.  Go ahead and look for another doc. 3.  Do nothing.   I recommend you wait a reasonable period, but then go to number 2.  I dont recommend number 3.  
    • Osteoarthritis in right knee
      "Presumptive" condtions is only ONE of the methods to get service connection.  There are also, direct, secondary, and caused by VA such as an 1151 claim.  What you need is: 1.  A current diagnosis of Osteoarthritis. It sounds like you got that one.  2.  An inservice event or aggaravation.  You probably have this, too, but proving it may be difficult if its not documented.   3.  Nexus, or medical link between 1 and 2 above.  The doc needs to state something close to your osteo arthritis is "at least as likely as not" due to (xx event in service, such as much marching, heavy backpacks, long hikes jumping out of airplanes, etc).  
    • IME and Physician conflict of interest
      That said is there anything being done about IME/IMO this seems to be getting a bit ridiculous that in a "non-adversarial" system that a vet has to get a IME/IMO just to stand a chance of getting properly assessed (even low balled). And the more I seem and hear it sounds like IME/IMOs will soon start to be discounted because all the vets are doing them just a standard practice when filing a claim. Then where are we going to be?
    • IME and Physician conflict of interest
      In other news, got a nice surprise when the VA awarded me retroactive pay for tinnitus. Have filed NOD, through DAV.  Rep is a cantankerous old man, I think he is kind of neat, just hope he lasts long enough to see my claim through (unfortunately he is not what you could easily confuse with a spring chicken). But it does give me some warm fuzzies that even was even dumbfounded when he read my initial rating letter that it explicitly left out the key evaluation concerning my back.  That alone should have one the "benefit of the doubt" rule.  Unfortunately I know they they wrote it off by using their "expert" as not being probative vale. Got to love how they can twist a few things in order to deny a claim.  And then conveniently ignore last little part of Title 38 CFR §3.156(a) about raising a reasonable possibility of sustaining a claim.  Yes the evidence may be cumulative, but that said the evidence displayed continued symptomology.  Seen several claims before the BVA with very similar circumstances and not have an IME/IMO.  
    • IME and Physician conflict of interest
      Still waiting on this Dr to get back with me, hope he does it soon. I know with the holiday weekend I am willing to give the benefit of the doubt that it played a hand in getting back with me.
    • My C&P Results and why i'm disturbed
      Absolutely correct. 90 is very hard to be at. I'm at 90 even right now for my cumulative. I just completed an increase C&P exam for my Bil knees, right shoulder, and cervical spine. Hoping for 100% because my days OTJ are limited at best. But I definitely want to continue working. (My wife drives me crazy)

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pete992

Senate Approves Cola Increase For Disabled Vets

35 posts in this topic

We all know that saying something and doing something are two different things. I could not find the full article even if there is a full article, there may not be a full article and for this to happen will be a miracle but never the less, I will pass it on. If someone can find more information or the full story please post it. I found this on WWW.Veteranstoday.com, it was under the Top 10 Veterans Stories in Today's News and the date is supposed to be 9/23/2010.

Senate Approves COLA Increase For Disabled Vets. CQ (9/23, Lesniewski) reports, "By voice vote, the Senate on Wednesday cleared a bill that would provide" a cost-of-living adjustment (COLA) for disabled veterans. After noting that the bill "would increase the amounts paid to veterans for disability compensation and to their survivors for dependency and indemnity compensation," CQ adds, "The Department of Veterans Affairs estimates that it will provide disability compensation to just over 3 million veterans with service-connected disabilities in the current fiscal year."

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That's nice but I think they have to approve it every yr and then it's tied to the consumer price index(or some other fool thing) and if there is no inflation we don't get it. Needless to say they'll tell us there's no inflation, again, this yr. I'm happy w/what I get right now. As long as I don't get foolish I survive quite comfortably.

pr

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You know they exclude the price of food and energy from the CPI. They do factor in the price of cell phones, computers, cars and houses. I don't need a cell phone but I need to eat and food prices are going up. I don't think we will get a cola. This really hurts those on SSA, VA, SSI and government pensions.

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It was my impression any discussion concerning COLA's on this board has been strictly forbidden.

If it's open again, Veterans COLA's are based on Social Security increases which are frozen. Its obvious Alan Simson's views on having Veterans pay for our economic problems will likely continue until we end these wars.

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The linked article is a blog/journal that you have to pay for. *shrug*

cq.com

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Thats the same source-all they did was copy the blurb from cq.com

Here is another source:

http://www.veteranst...80%99s-news-63/

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It was my impression any discussion concerning COLA's on this board has been strictly forbidden.

If it's open again, Veterans COLA's are based on Social Security increases which are frozen. Its obvious Alan Simson's views on having Veterans pay for our economic problems will likely continue until we end these wars.

Allan,

Discussing the COLA is in no way a strictly forbidden subject here.

What is not appreciated at all is when certain members start posting

their continuous beef's with no COLA for disabled vets and the VA is ripping off disabled vets

we need and deserve the money, another way the VA keeps vets in foreclosure, blah, blah, blah,

just continuance of dribble bashing the VA.

COLA goes strictly by the CPI - VA has no say in whether disabled vets or SSA recipients

receive a COLA or not.

When the CPI hasn't risen there will simply be no COLA.

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This is routine in the Senate, it has to be voted on every year.........the Senate has given their blessing to a COLA, but the COLA is tied to the CPI and the CPI is still in negative territory.

No positive CPI = No COLA, and the politicians get a pass because they did as required but the CPI stopped it.

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Sorry Carlie,

I thought I remembered reading that there was not to be any discussion of COLA's.

If thats not so, than Im mistaken. Not looking for an argument with you.

If my reply was considered "continuance of dribble bashing the VA by you, that wasn't my intent.

It really doesn't matter. Theres not likely to be any COLA. The CPI are figures the bean counters like Simpson play with all day long to their advantage. You can bet it's not to our benefit.

My personal opinion is Veterans should recieve an automatic anual increase in their benefit amount regardless of the CPI. Just my opinion and I know the VA can't do anything about it.

"If you put your military personel in harms way, than when they become injuried you need to pay."

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When COLA is news it should be discussed. However the routine linking of VA Cola to Social Security COLA is hardly news.

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THe Army Times has an article suggesting an increase of 0.1 percent pending passing of the legislation. We shall see.

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I know my mind is not right, however, I emailed the BLS last year to find out what products are considers with the CPI for COLA and there were only food products on the information they emailed me.......no kind of electronics or anything else anyone would consider not truly essential.

There are multile CPI formulas.

You know they exclude the price of food and energy from the CPI. They do factor in the price of cell phones, computers, cars and houses. I don't need a cell phone but I need to eat and food prices are going up. I don't think we will get a cola. This really hurts those on SSA, VA, SSI and government pensions.

Edited by yelloownumber5

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THe Army Times has an article suggesting an increase of 0.1 percent pending passing of the legislation. We shall see.

Something would be better than nothing...

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Next retiree COLA could be tiny, analysts say

By Rick Maze - Staff writer

Posted : Tuesday Mar 16, 2010 20:31:00 EDT The cost-of-living adjustment for retirees next year could test the idea if something really is better than nothing.After getting no COLA this year in military and federal civilian retired pay, veterans disability compensation and Social Security because of the weak national economy, congressional economists are estimating that the pay adjustment this Dec. 1, which will take effect in January paychecks, will be just 0.1 percent.

http://www.armytimes...e_cola_031610w/

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Sorry Carlie,

I thought I remembered reading that there was not to be any discussion of COLA's.

If thats not so, than Im mistaken. Not looking for an argument with you.

If my reply was considered "continuance of dribble bashing the VA by you, that wasn't my intent.

allan,

No, I wasn't at all referring to you or anyone else in this thread, regarding a

"continuance of dribble bashing the VA".

Check your PM section.

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This is the CPI for COLA formula and as John said there are somethings on there that we all do not need. I did not remember all this on here, my apologies. I think they just sent me an email with the food portion. I wonder if they have ever thought or considered to do a retired/disabled CPI for COLA since our uses are not the same as active duty personnel/working personnel.

http://www.bls.gov/cpi/cpiri2008.pdf

I know my mind is not right, however, I emailed the BLS last year to find out what products are considers with the CPI for COLA and there were only food products on the information they emailed me.......no kind of electronics or anything else anyone would consider not truly essential.

There are multile CPI formulas.

Edited by yelloownumber5

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Don't cha feel we get enough?????????? I have plenty. Could I spend more - sure! We have shelter, food, water, a vehicle, family, friends, Hadit, etc. What more do we need??? Some of you are sounding to me like some of these CEO's wanting more and more. Look around the world and compare our lives to their's. I'll take mine any day! Sorry but I get sooooo tired of hearing the whinning. Woe is me!!! I get $20+ an hour, 40 hrs a week cuz I can't work. Unfortunately, in my area of the country, $10-$12 an hour is great pay - altho minimum wage is more prevelent. jmo

pr

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Actually PR, you make more. Say you make 54000 per year and after deductions taxes and ect of 24 percent you make 41000.

I am still looking for the lost 25 percent increase proposed a few years ago. I have looked everywhere. It must have been a dream.

J

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Thats the same source-all they did was copy the blurb from cq.com

Fine a better source for this issue or leave it off the board. Got it.

J

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I am in my 60's as is my wife and have many friends who are our age. I am grateful for my service connected disability and the Social Security. I look at dear friends who through no fault of their own will have to live on meager incomes of Social Security and nothing else.

Hardly a day goes by that I don't tell my wife how lucky we are. As it stands I have an income that is sufficient to allow me to basically do almost anything that I want to do or at least have a crack at things I know friends and family can't do.

The way I look at it I have a damn good retirement Income and now that I have 10 years my wife is protected with DIC and ChampVA and will be able to elect my Social Security if I go first which is my guess right now.I have a good life and I enjoy it very much. There was a time I made 6 figures, had a nice Company Car and membership at Country Club paid by my Company and I worked every day of the week traveled by myself most of the time lived in nice hotels and ate at good restaurants.And if I had kept that job I would be dead years ago.

I cannot live very well when there is pressure. The worse pressure I have now is when I get called to fix Mrs Pete's remote control cause her guide won't come up. I also make the coffee everyday.

So PR I know what you are saying. When I had to survive on my savings and almost lost my house I dreamed of just an income of half of what I get from the US Gubermint.

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Don't cha feel we get enough?????????? I have plenty. Could I spend more - sure! We have shelter, food, water, a vehicle, family, friends, Hadit, etc. What more do we need??? Some of you are sounding to me like some of these CEO's wanting more and more. Look around the world and compare our lives to their's. I'll take mine any day! Sorry but I get sooooo tired of hearing the whinning. Woe is me!!! I get $20+ an hour, 40 hrs a week cuz I can't work. Unfortunately, in my area of the country, $10-$12 an hour is great pay - altho minimum wage is more prevelent. jmo

pr

Unfortunately you hit the nail on the head. I (from the sound if it) pay a lot more to live where I do than you do. Not because I live a fancy lifestyle, but because I happen to have grown up in the highest taxed county in the US (Monroe County NY, when all taxes like school, property, sales, etc are taken into account). If the VA used a system like the military where you received more or less based on the coast of living in your area I bet people would flip out that someone in L.A. or D.C. got double what they did. And unfortunately moving to a low tax state is not an option.

Remember, they made a contract with you when you enlisted just like you did with them. We have nothing whatsoever to be ashamed of for wanting compensation for giving up our time and health. Comparing it to some CEO getting cashed in is a pretty big slap in the face to a guy who has no legs or a woman who spent 100's of hours dealing with blown up 18 year olds. Would you fight your insurance company for a fair replacement value if they lowballed you on how much you got after your car was totalled? You bet you sweet bippie you would. This is no different in my mind. Maybe my youth and health are worth more to me than you and that is just fine. To each their own.

I know this is off topic and I apologize and I guess this should be a locked topic.

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pr,

I couldn't agree with you more IF the disabled party is being PROPERLY compensated for their disabilities.

Even I would have to admit trying to make ends meet on 20 or 30 percent is a no go - while the claimant maybe waiting

many years on their claim issues.

I'm 60 percent VA plus SSD and I am making it, I really can't judge anyone else.

BUT

You are correct - for any and all that are receiving 100 percent from VA

and some of the wonderful benefits for P&T, life should not be too hard.

I have a buddy that was recently granted 100 percent with P&T.

Just getting the P&T benefit in FL. has saved them well over $200.00

per month on property taxes alone.

I think many of us have just raised our standards of living far too high.

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Consider a spouse trying to live on just SSA and DIC. It is not that much. With lack of pensions these days people will be going into retirement with small money.

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Yup, I was talking about 100%ers and TDIUers. I believe during those good yrs we raised our standards of living too high and it was only because we could make the payments. Don't worry yours is coming!

pr

pr,

I couldn't agree with you more IF the disabled party is being PROPERLY compensated for their disabilities.

Even I would have to admit trying to make ends meet on 20 or 30 percent is a no go - while the claimant maybe waiting

many years on their claim issues.

I'm 60 percent VA plus SSD and I am making it, I really can't judge anyone else.

BUT

You are correct - for any and all that are receiving 100 percent from VA

and some of the wonderful benefits for P&T, life should not be too hard.

I have a buddy that was recently granted 100 percent with P&T.

Just getting the P&T benefit in FL. has saved them well over $200.00

per month on property taxes alone.

I think many of us have just raised our standards of living far too high.

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I don't know, John, $2k+, a month, ain't that bad, especially if the mortgage is paid off. That's figuring $1400 for DIC and another $750 in SS. jmo

pr

Consider a spouse trying to live on just SSA and DIC. It is not that much. With lack of pensions these days people will be going into retirement with small money.

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I always believe it after I receive it.

Putting your faith in any government entity is not a good idea.

sledge

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"Don't cha feel we get enough?????????? I have plenty. Could I spend more - sure! We have shelter, food, water, a vehicle, family, friends, Hadit, etc. What more do we need??? Some of you are sounding to me like some of these CEO's wanting more and more. "

Philip,

For some reason I'm getting the impression vets are getting far more than we should according to you. If it were up to you, how much should 100% veterans monthly benefit amount be rolled back to? Say maybe $500 pr month maximum? Or maybe cut out SSDI and VA benefits? Or stop VA, SSDI and military retirement?

How much of your benefits would you be willing to give up since you live so high off the hog?

The reason some vets ask for COLA increases is they don't receive what you get. And maybe the cost of that hot water tank, food, car repairs and the cost of paying for school supplies for their children while being disabled, just pushed them over the edge. The majority of disabled vets are not 100%. Many are struggling.

Shouldn’t it matter to those who have, that there are those who don’t? Is it all about I got mine, so you shouldn’t be concerned about getting more for your family?

Gas is such a small part of what we consume. I can see every day items in the stores increase almost weekly. The cost of food, medicine, home repairs, etc all increase and none of it is counted.

Many, many of our disabled veterans, disabled and senior citizens need and look to that $20 monthly COLA to get them another few meals when they get a blow out and have to spend $75 bucks for a new tire they really can't afford.

A few bucks for those in our society that have earned it and need it the most shouldn't be made to feel like they don't deserve the right to ask for it.

Vets that are completely disabled fight for yrs just to receive 30%. Then spend yrs more at CAVC fighting to get TDIU or their 100%.

Yes you may be very well off, that doesn't mean the rest of us are.

Sounding like CEO's wanting more and more?

Oh please. How can you compare the poverty level of the majority of disabled veterans to CEO’s that get multimillion dollar bonuses for ruining corporations?

We use the VA for health care. How many of those CEO’s do you think would use VA for their health care?

Whether we get COLA’s or not and whether some think we deserve it or not, many are financially in need of it during these tough economic times we are having.

If your 100%, get SSDI, Military retirement, own everything, invested in gold, have a couple of extra pensions, children are grown up or you don't have any and everything is perfect in your life than yes I guess YOU wouldn't need the COLA.

If you just got back from Iraq, are 100%, lost your home and your wife/husband left you with 4 kids to raise while you were gone. Than maybe you might not be as well off.

My point is simply because you can live one way, doesn't mean everyones life is the same.

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x

x

x

I agree with Allan. ~Wings

PS I need a COLA!

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Is this discussion at all related to HR 4667 that passed the Senate and House Unanimously this week and is waiting for POTUS signature? From what I understand it is not a COLA but a SC rate table increase...a significant one at that

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Again, This discussion is the same old discussion for a COLA. Not a Rate increase.

Colas are tied in with Social Security each and every year and is based on the CPI which by the way is in the tank.

We will get absolutely zero. Zilch, Zippo. NAGDT.

J

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I normally don't respond to topics but I felt compeled to respond to this topic.

I agree with Alan, I notice some of the vets who are getting 100% on this site feel like the vets who are getting lower amounts don't need an increase. By the same token when I read the replies of some of the vets who are getting lower amounts and because of their disability or disabilities cannot and does not allow them to get 100%; begrudge the ones who are trying to get 100% because of their disability or disabilities which allows them to apply for 100%.

As I stated above this is just some of the vets and not all of the vets and is just my observation.

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This subject is getting pretty worn out.

Some of us spend way too much on our health care because the VA will not.

If you are living high on 100% I'm happy for you.

I'm 100% and I enjoy much less actual income from it than many others.

The idea of getting even less is abhorrent.

sledge

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THis topic is now closed.

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This topic is now closed to further replies.