Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Is it worth fighthing?

Rate this question


Jerrell

Question

I had wrote a very long post previously but it did not send. To summarize I am a dependent and the son of two veterans my mother who is a disabled Veteran and my father who is a Veteran that had finished honorably. When I was 14 my father was diagnosed with kidney failure do to high blood pressure, and it quickly progressed to end stage kidney disease. I took care of my father the best I could given the circumstances He got a bit of disability  and was put on government healthcare I was in charge for all his health related care and taking care of him which I did so I got some benefits from my mothers disability as a dependent   which helped us scrape by throughout the years over and over again the insurance would request that he applied for VA health care because of his status income and inability to work originally he was told that he did not qualify when we went up to the office because he did not have a preexisting condition while enlisted we stated that he developed high blood pressure during which was the cause of his kidney failure now. He was even hospitalized when it was discovered despite this the man stated he did not qualify no matter how many times we told the insurance this they would stop his medical and state that he had to apply over and over again we took the form to the office throughout the years which they just pulled up the file from before we told them they said they had to sign something stating he didn't qualify this went on for a long time. When I turned 18 i decided to go to school via my education benefits on my mothers side. Everything was fine until my fathers health took another turn for the worst he was diagnosed with type two diabetes do to his home dialysis machine malfunctioning and pumping more of the l liquid that was highly glucose based into his body only draining half before pumping again while he slept. We found out the nurses were aware of this problem and even told the company but they did nothing. This was until people started to complain. I had to stop school to take care of him now that his health had gotten worst and  the company not returning my calls and said they would not talk to us without an attorney. I had told both the school and the local VA office that I had to stop going the VA office told me I had to feel out a form and due to the fact that it was an emergency I would not be charged because of my failure to complete and or attend classes I filled out the form that same day they sent it to my local regional office and I focused all my time taking care of him and trying to get a pro Bono lawyer to handle the case. I had contacted every single pro Bono and non profit lawyer in Arizona  none of them wanted to take on the case despite us having proof from a log we kept from the machine backing up our claims. I tried this up until my father got a transplant in 2015 in the mean time I started to receive letters from the VA stating that I owed them because I did not attend the classes and or failed. I contacted the VA who told me that had no such file I contacted the school who told me they did not work for the VA although they were a VA office and said that they sent it. I contacted the VA every chance I got while dealing with my fathers issues and his insurance constantly screwing things up. Until I got a letter stating if I did not repay or get on a payment plan I would be noted as an unpaid debt sent off into collections and I would lose all future educational benefits in the future. I tried again and again to get this resolved until I finally got to someone who knew who to send me to. They transferred me to some guy who I told him what had happened at first he told me I had to either get on a payment plan or lose my benefits at this point i was upset and I am a pretty calm guy. He than reluctantly said if I got a note from my fathers doctor and or his head dialysis nurse about his condition he would put it in the system and it would be as good as solved. He gave me a fax and said I had 7 days I got the letter from both within 3 and faxed it to him several times. I had contacted him afterwards letting him know that I had faxed it but didn't get a reply  but having dealt with the via for so long in this case wasn't that strange I was told after I had sent him the letter to look out for something in the mail. He was also meant to email me a few weeks past and I no longer got any lettings from the VA about the bills but I started getting some from the school I told them the situation and they said they would contact the VA and get back to me never happened. I ended up getting one final letter stating that I failed to make a payment and my education benefits would be halted and the bill would be sent to collections this made me so angry not just the VA the system itself insurance and all I called the VA knowing very well it was to late simply to vent my frustrations of course there was nothing that could be done and I was told there was nothing they could do I took what my dad told me and the fact that there was nothing that could be done right now. He was positive and regretted me having to take care of him which I love my father for he stood tall no matter what happened. Moving on and not being able to get any lawyer because they figured despite what we had it wouldn't be worth fighting a giant medical firm pro bono and most who were interested didn't even read my inquiry and assumed it was concerning a recall for the same device and not a new malfunction. 

The nurses who knew about this told my father when he was reporting issues previously before getting diagnosed they were aware but the company would not allow the techs to alter it they even knew how to fix it. But they didn't say it was dangerous eventually my father had to be taken via ambulance to the hospital and they told him his blood sugar was almost at lethal rates this was the only time my father had gotten upset about a medical problem only because he had no control over this one and he knew it could have been prevented and that lasted for one day and he went back to accepting it. I continued looking for lawyers up until he got his transplant at the end of 2015 thanks to a great doctor on the transplant bored of mayo clinic who heard from a social worker about my father. He was put on the transplant list right away and at the top because of the length of time he was on the list. This was the best news in years aside from the insurance once again messing up as he was doing to testing that was required before than. It is only because of the great people on the mayo clinic transplant team that talked to the insurance to fix the problems we couldn't that it got approved of course they also requested that we go back to the VA again and once again they said he did not qualify. We got him approved for the transplant and despite some other hiccups with the insurance refusing to cover his crazy high kidney medication which he needed so his body wouldn't reject it. Once again thank you mayo clinic for footing that bill. He got the transplant and as soon as he could work he did Me and my brothers and sisters who were in California put what we had together  to get my father a car which he used to start work. He is still disabled but is doing much better. 

Today was the first day I could get time to request info about getting my educational benefits back I had talked to someone about getting it back and along the line my father being a Veteran popped up and she asked if I got my benefits from him I stated no he did not have any benefits which we talked for a bit I stated that we had his dd214 with honorable discharge and he didn't qualify for any medical because he didn't have any preexisting conditions while he was in which I told her that I told them about the high blood pressure the cause of his kidneys shutting down and how he even got cancer on his kidneys. She mentioned that he should of been entitled if not they should have looked into it because of the high blood pressure instead the guy took the form signed it for the insurance marked are reason for visit in the system and said he got nothing. 

This made me think I am not after anything and I wont fight it if he wasn't entitled I will fight for my education given the circumstances but I would be so upset to think that he could of had VA medical or other benefits this whole time but was told no over and over again. Like I said personally I dont know but I wanted the opinion of others on the subject on what I should do I dont even care that my credit got ruined because of the VA and the school thing having my father healthy after beating so many things I am proud of my father regardless but the only reason I am fighting for my education is because my father told me that I should. 

 

Sorry, for the long read for anyone that managed to read all that I has not planned on it being that long but this was my first chance to vent having my father recover enough to do things on his own up until recently. I know there are tons of stories about falling through the system and injustice so on and so on my real question is should i fight for any possible benefits for my father. I dont want to go through another long battle if the lady was wrong and the people at the local office was right. But having filed to get a lawyer and not being able to help my father aside from taking care of him. I now have to fight Arizona and request my certificate of birth Abroad so Arizona will recognize me as a us citizen because of a immigration law that was passed and being born overseas in England because of a military family and despite having duel citizenship I am getting a bit tired of falling through the cracks and want my father to get what he deserves if he does deserve it. I had talked to my father recently and we do know that he qualify for a home loan from the VA potentially we need to provide some kind of point sheet requirement. If i have to request that stuff for him I might as well do the same for any possible benefits. 

Will the VA fight us on this despite him being hospitalized with high blood pressure while in service and tested before joining?

If so and you think we wont win I dont want to drag my father through another battle for a slim chance he is working and rebuilding his credit to try and get a home regardless so he is fine but he said he doesn't know what the VA would do. 


Thanks for any and all feedback like i said this is mainly an inquire for if I Should fight for anything he should of have. 

Link to comment
Share on other sites

Recommended Posts

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use