Once you know you are eligible for Veterans 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.
The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.
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.
The Program of Comprehensive Assistance for Family Caregivers offers enhanced support for Caregivers of eligible Veterans seriously injured in the line of duty on or after September 11, 2001. Enhanced services for eligible participants may include a financial stipend, access to health care insurance, mental health services and counseling, caregiver training, and respite care.
Who is eligible?
Veterans eligible for this program must:
have sustained or aggravated a serious injury — including traumatic brain injury, psychological trauma or other mental disorder — in the line of duty, on or after September 11, 2001; and
be in need of personal care services to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.
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.
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.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices. This can have a drastic effect on your claim, and it wont be good for you. You likely need to get a new representative.
Retroactive Back Pay - #1Viewed Post Week of March 19. 2018
My claim is scheduled to close tomorrow for my backpay.
Does anyone know if it does close how long till the backpay hits the bank?
Also does information only get updated on our claims whenever the site is down?
* First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.
* Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.
* I then put my original away and work off the copy.
* Now if you know the specific date it's fairly easy to find.
* If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.
* Let's say it's Irritable Syndrome
* I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence.
Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.
All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.
Tips on posting on the forums.
Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.
Post clear questions and then give background info on them.
A. I was previously denied for apnea – Should I refile a claim?
I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
B. I may have PTSD- how can I be sure?
I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.
Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.
This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
I agree with Buck. Dont file a NOD. This is a proposed reduction, not a final decision.
Instead, request a hearing, so that you can tell your side, ASAP. When you do so, go prepared. If there are errors in your medical records, use this regulation to correct them. 38 cfr 3.1579
1.579 Amendment of records.
(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:
(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or
(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which theindividual may request a review of that refusal by the Secretary or designee, and the name and address of such official.
(Authority: 5 U.S.C. 552a(d)(2))
(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of anyrecord or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.
(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to:Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requeststo amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.
(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.
(Authority: 5 U.S.C. 552a(f)(4))
(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with therequest the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. ( 5 U.S.C. 552a(g)(1)(A))
(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputedrecord has been disclosed. ( 5 U.S.C. 552a(d)(4)) ( 38 U.S.C. 501)
To add this is BVA case that regards a FTCA settlement for prostate cancer:
It involved a brachytherapy procedure,which was negligent.
I was on another veterans website and I found a link to the regulations regarding SMC qualification.
Within these limits, the fact that the single disability, evaluated as totally disabling, and additional disability(ies), independently evaluated as 60-percent or more disabling, share a common etiology, does not preclude entitlement
Does this mean that my PTSD and TBI qualify for SMC s?
Here is a link to the regulation that I copied from.
Go to www.va.gov's main web site, Click on the Contact Us question, then click on Ask a question..you will be directed to IRIS.
Fill out the stuff and file this as an IRIS Complaint (the Complaint area is a pop down box.)
Tell them what you told us-I forget if IRIS takes attachments-if they do attach anything that supports your complaint.
Ask for an email reply so you have hard copy of what they state. It might take 2-3 weeks to here back.
If you dont like their response call the White House veterans Hot line 347 237 4819
This is the crap a good vso could look into- I guess you have no one on your POA?
Wait----I just read this again-
Best to call the WH hot line first ! - since it says "pending dispatch".
There is a lot of significant info in this forum-that I learned as a successful FTCAer.
But I always make the point that this type of claim against the VA should have a strong IMO/IME and also ,if possible, a good lawyer familar with VA malpractice.
I do not see the basis for your claim in the profile post you made, because I did not see any residuals mentioned.
Under # 8 on the SF 95 the charges must be clearly defined as tyo how the veteran did not receive timely diagnosis and treatment, comparable to the "Standard and Usual Medical community" ( a legal term meaning non VA doctors would have handled the care differently.
Under 10 the form asks for the "Nature and extent of each injury or cause of death" adding "which forms the basis of the claim."
What 'injuries' or residuals does the veteran have, directly due to what might have been a untimely diagnosis of prostate cancer?
After the VA apparenty mitigated the damages by the surgery, what disabiity or residuals does he have after the sutrgery that could only be attributed to the untimely diagnosis?
Did the OGC have ALL of the VA medical records? I was victmized by the Ro's failure to provide OGC with the most important piece of evidence I had.When I found out I called not only OGC but also the cardio doctor from VACO who was providing the Peer Review. The next call came soon after, from the OGC lawyer to talk settlement., based on a Peer Review that considered all of the medical evidence.
I dont see in the profile post you made, what type of "personal injury" occurred.( 12 SF 95.)
In my case it was wrongfu death 12 C- SF95. Obviously a wrongful death usually involves a higher settlement than some residuals would warrant.
I foud some BVA cases and a very large Prostate Cancer FTCA case- and will post them here when we have more info.
Others here might have a different take on this than I do.So best to post in the public forum.
You need to be careful here because a proposal to reduce benefits and and NOD are two different things in a proposal to reduce your benefits you only have 60 days to respond from the date of the proposal and in a regular denial you have a year to respond.
Most veterans opt to request a DRO Review or DRO Hearing in person between you and the DRO at your Local VA Regional Office to settle the reduction proposal.
''DRO'' =( Decision Review Officer)
You need an IMO from a quailfied Dr on your current disability the VA sent you a proposal letter on. you need the Dr to examine you read your medical records on this condition and it needs to be favorable on your part the Dr needs to say in detail just how bad your condition is and opien on that, sometimes a proposal backfires on the VA and in increase is warranted and not a reduction.
''IMO'' (Independent Medical Opinion)
Main thing is don't miss your proposal deadline. GET NEW EVIDENCE TO PROVE YOUR DISABILITY HAS NOT IMPROVED With a GOOD Qualified Dr and in good detail.
Your Attorney should Advised you on all of this and maybe more.
All Veteran Property Tax Exemptions By State and Disability Rating
Regardless of whether or not you use a VA loan, almost every state offers property tax exemptions for qualifying veteran homeowners – and you might not know if you qualify. Depending on your disability rating, income and the state you live in, you may be able to receive a partial or full property tax exemption.
Read the article on veteransunited.com >
10 Best Cities for Veterans
Thousands of U.S. soldiers join the ranks of retirement each year. The majority of these men and women are 55 and over, but many younger veterans come out looking to start a second career. These military veterans deserve to live in thriving cities, where job opportunities are plentiful but the opportunity for a life of leisure exists. Read the article on livability.com
The 25 Best Places For Veterans To Live
Share to email Share to facebook Share to twitter Share to linkedin Share to google I cover fintech, cryptocurrencies, blockchain and investing. Veterans thinking of shipping off to a new city should consider the obvious factors like cost of living and regional economic health. Read the article on forbes.com
All Veteran Property Tax Exemptions By State and Disability Rating
Regardless of whether or not you use a VA loan, almost every state offers property tax exemptions for qualifying veteran homeowners – and you might not know if you qualify. Depending on your disability rating, income and the state you live in, you may be able to receive a partial or full property tax exemption. Read the article on veteransunited.com
At the VA web site there are 35 claim with the word Castle AFB in them:
You could use their search feature to narrow this down as to chemicals or other toxins., I dont have enough info to see what was claimed and whether the BVA denied the claim.The VA does not care about the Superfund sites, unless they were pressured into doing studies on some of them like Camp LeJeune:
Is this regarding a deceased veteran?
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