Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
ArNG11
-
Posts
1,673 -
Joined
-
Last visited
-
Days Won
18
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by ArNG11
-
-
I just wanted to update this since I had my hearing for SSD today. Although Judges aren't really allowed to say tell you before your decision letter definitively, my Judge, seems to be approving my SSDI benefits. I should receive the official letter here in 3-6 months from what I was told. Good news of sorts in that the hearing went well. What it will mean for my total Disability package a month will remain to be seen. One real positive is the dual insurance that may arise from this change. Now the waiting game.
Really if my co payments on my regular insurance get covered this will be great news to me. HOOOOAHhh
-
Buck I have to say a documented police report is worth a great deal. This was just in my case and predicament. Details have immense power when coupled with the right medical records and police reports.
A young Captain who was treating me at Tinker never correctly documented my medical records. I know this because I could not find any instance of our discussion relating to this incident. They were not in my records with this doctor. It was here at this point that I gave up on the VA and military based care. (This is just my experience, I have received excellent care from on-base doctors at times, just not this particular one for mental health).
I believe it was that police report that changed the outcome of my mental health claim.
-
I believe you hit the nail right on the head. Can't be accountable for something you were not aware was happening. At least on paper a person would deny that they were unaware of what was happening.
-
Heh Remember it is your claim, your the boss, if you don't feel right about his or her decision ask questions and clarify things before moving forward.
When I was represented my attorney advised me and I disagreed. I only disagreed because I had evidence that he was not considering would be of much help, I thought it would collaborate older records that were stating what I was arguing. I happened to be right so I call it a success. Mind you I argued because I knew the evidence was there and I knew the details of that evidence were vital. It was a gamble but it was how I felt. Fortunately it worked out for me. Not always going to be the case. Emotions can cloud judgement.
Every situation is unique but if you feel strongly about something and the ducks are in a row. I would consider decisions more carefully.
-
On 7/6/2016 at 6:06 PM, Alcapone1931 said:
wanted to provide an update to my thread i started:
As of 5 July, my VA disability claim is complete, and i was approved for 50%, all for PTSD (seems like they rolled the anxiety and depression into it, which helped push it into the 50% rating).
My claim went from Prep for Decision on 21 June 2016, to Complete on 5 July 2016, so it finished within the short end of the VA's listed timeline.
my entire claim process took about 10 months, Sept 2015 - Jul 2016.
thanks to everyone that posted and contributed to this thread and my questions. your help and encouragement is much appreciated.
gr33tz to ArNG11 and AndyMan73
I'm late on the congrats, but nice to read about the good news. Way to go and way to staying true to your claim.
-
-
I felt I needed to Buck, talking about running around like a chicken with their head cut off. Taxes can be a real " challenge". There are dozens of rules and tax regulations that apply to forgiveness of debt due to disability. Sadly each state also has their own mechanism when dealing with forgiven debt due to disability and so does the Federal Government.
I advocate to read up on these particular laws as tax burdens can be lessened quite a bit.
Knowledge is power. Hope it can be of good use to Veterans and their families.
-
I wanted to sort of update this as it has been mentioned in other post about the tax implications of student loan forgiveness. The taxes that play in that forgiveness can be substantial. It will be counted as income. My loan forgiveness was 44k. Thats a pretty big chunk of taxable income. I thought I was in serious trouble with taxes. I was actually going to owe 9k to federal and 1k to state.
There is a remedy to this and it is insolvency. You can file the form yourself through a program like Turbo tax and such, usually most say Home and business Taxes. I could not find and online version or access to this process without buying the program in CD format. Form 982 and insolvency worksheets. It is a bit troublesome however, it will save you tons. In my case it did.
Basically it looks at your financial picture before the student loan pay off, and sees if you were upside down. Owe debt more than your assets combined.
It is definitely worth the investment and definitely needed information to be considered before going through the student loan forgiveness process.
I was trying to find a post on here that discussed it as well but couldn't find it offhand, however, I do recall folks talking to me and others about where to seek advice. In any case a tax attorney, an accountant, and other folks experience helped immensely.
Im not sure about other tax programs but I imagine that they would have access to the same forms, perhaps in deluxe or professional versions of their software. Also it is worth a person's while to talk to a tax attorney and/or accountant as they are the experts in these types of situations.
Hope that this is of some help to folks on here.
-
Very interesting article and figures. I am one who would also be interested in the outcome of this.
-
2 hours ago, 63Charlie said:
Hamslice, yes, the evidence in my claims file is very favorable which didn't seem to matter at all.
Every single one of the examiners should be put under oath and recorded to stop the lies which harm legitimate claims.
If a veterans lies, we are subject to prosecution.
So, that being said, the examiners should be held to the same standard as the veterans.
There is no accountability with the way the VBA is ran.
I like your way of thinking, examiners being held accountable and being subject to prosecution. Wow then Veterans might have an honest go when they file for benefits. Man could anyone picture the headlines. " VA doctor caught in lies, looses medical license, and serving time". I would smile to see that on headlines.
If that day comes it man, it would turn things around. Until that day though, "we" will just have to keep having Had it and other resources like this in play. Knowledge is a strong weapon to have in the arsenal. JMO
-
No worries as I get in that frame of mind at times. That is why I haven't been on as much. Gotta do the PMCS on yourself every now and then, rather more often than not. Self aid and buddy care. I stand by the words I was taught in service " Slow is smooth, and smooth is fast"
I can't relate to the MST, however, much of the healing techniques for PTSD translate, as I believe the two are intrinsically intertwined. Keep on moving forward, even if the steps are small, keep moving forward. You survived! You are a survivor.! You will prevail!!! JMO Take care.
-
On 3/24/2017 at 3:11 PM, L said:
allansc2005: I too am single and with the legal advice I got, from an attorney on VA Watchdog- I decided to stop "fighting" as broncovet eloquently put it.
I have my Navy Retirement & my other pension, along with the VA & SSDi -
I am finally focusing on ME , my physical & mental health. Life Balance. :)
Understandable, You really do need to set goals and limitations. At the very least know your own limits and know when the fight is taking more out of you than whatever possible return you may receive if and when you prevail.
-
John you got that right on your assessment, however, it is not all lost and doomed. There are loopholes and you can use some regulations and laws to your benefit. New and material evidence is a good one, or you know the evidence that the VA had all along but decided to ignore or conveniently lost. Of course I am talking about Duty to Assist and you know the presumed Benefit of Doubt to favor the Veteran. You must learn and research the indiscretions that were used to lowball and deny you and use those to fight your claim. Sometimes it is the simple things that can be of use to you in defense for your claim.
Easier stated and written down, much harder to apply though. Just don't give up. keep fighting, keep appealing. That is just my two cent's worth of an opinion.
-
On 3/24/2017 at 1:04 PM, broncovet said:
1. No, its not the end of your appeal, UNLESS you fail to timely file the I9. Do nothing and your appeal dies.
2. "Substantive appeal" is legal mumbo jumbo for you need to file the I9.
3. The SOC is done because regulations require it. They are supposed to state YOUR case. Its hogwash to expect VA to prepare your case for you. But regulations do require it. Its part of that "claimant friendly, non adversarial" BS the VA is always telling us, but then doing the opposite.
Unfortunately you hit the nail on the head with the filing of of I9. Just like the timeline for the NOD, you cannot, absolutely not let those suspense date pass, other wise you claim is in serious trouble and possibly dead in the water.
Make reminders, alarms, notes or whatever mechanism will keep you on task. So very important that this is done.
-
-
I agree with Broncos advice, it is sound. The local stinky Regional Office won't approve SA at the regional level even with an IMO sometimes. Mine went that way. Even in appeal and with a nexus the local office said no way, but the real deal in my case will be at the BVA. I can't wait either. I'm angry and mad and can't wait to educate the VA on regulations and evidence they so conveniently dismissed.
Not being too ornery, but I am going to cut down the bogus c&p exam I was given. Just have to wait for my turn in the hot seat. Just remember to have all the 3 bullets for service connection.
in-service symptoms of the disease or illness
treatment records mentioning the symptoms and or treatment
and a doctors medical opinion tying the two together using medical rationale. Extremely important!
JMO
-
Didn't know that was a thing, however, it's great if the Mrs. like to hunt and fish. I hope all other states start doing this as well. Not too shabby.
-
Haven't been on much but I wanted to write this, for Andy, and for anyone else for that matter, don't throw in the towel. Things get rough and seem hopeless but don't give in, even if loved ones are the ones that are telling you to do so. You will never get rid of that guilt and wonder, " what if I didn't give in, wonder what...." It's a killer man, no joke, it will eat at your brain for the rest of your days. I, myself, wonder about the would have, could have, should have and to be honest, I should have endured because I was right and just and especially when I had the evidence to support my contentions.
Don't get me wrong if you need to compromise with the mrs then do so, just make sure it is for right reasons and for the best. Long term best that is. JMO
-
-
Green there are a lot of factors to consider, heck OPM's work load and manning and staffing requirements. I can't say that my case is typical but from most in my circle 4 to 8 months is about the norm.
Get that agency assessment in writing as it will come in handy for a few things.
I waited them out and tried to last as long as I could. In my case I lost it at work and took my aggression on assets located in my work area. I had to bail before I really made a situation for myself. Not saying that you will do that, but be aware of that. Stress gives you a beating.
I was told more or less the same thing and it was shorter than what they stated. I'm not sure if that was just luck or what. I know that 2/3 of the staff that processed retirement packages were not available. When mine was processed one or two people usually took care of medical retirement packages.
All I can say is to make sure you make it easy for them to have all the information and medical evidence to warrant your medical retirement. This will help immensely.
Tid bit make sure you visit occupational health and ask for a copy of your medical records you will need those eventually and they come in handy.
I don't get on here as often any more, however, I will share what I know from my experiences.
-
-
In Oklahoma, from Tinker AFB, it was all said and done in 6 months. It all depends on your condition, skill set, and available slots in other career fields.
They'll try to put a job placement to accommodate your disabilities but, frankly, that was just a pipe dream. OPM was not very forthcoming with information, however, you just have to keep at them.
I went out with 10 years of federal service and went at age 40. There is not an age requirement. Explore your options. Don't be afraid to ask questions either. In my case my HR and retirement offices were not very forth coming with information until I pushed some buttons.
-
Way to go Navy. I need to get on here more often, my mind drifts and I seem to miss a lot. Take it easy now and relax a bit. Let it sink in for a while, none the less enjoy your win, you are definitely one of us who has been fighting the good fight.
...the rest of your life....Full steam ahead...
Congrats again.
-
sensitive as this topic is, if I may Buck, just request to have your T levels checked out. Speaking for myself, I was embarrassed to talk to my private doc as well, similar situation, young attractive doctor, made the situation worse for me, however, it is a matter of health. Whether male or female issues such as these, the topic should be brought up with your primary doc, it can be discreet, Drs are human beings, if they are professional and respectful it makes it easier. I get the T shots by my pain management doc when I have a pain med consult. Just my thoughts on the subject, take care.
Bad joke. Just keep at it brother. Just keep at it. Slow is smooth, smooth is fast.
LO AND HOLD
in Success Stories
Posted
Wow thats fast. Great news and fast. Congrats.