john999

Where had your claim been for 16 years? Was it open for 16 years?

My veterans lawyer also does SSDI claims. He said looking at a SSDI claim file and then looking at a VA C-File was a shock. The SSDI file is in perfect order. The VA file is a mess with stuff out of chronological order and half of it duplications. I got a decision from SSDI in three months from the time I applied. After I retired on disability it took 18 months to get TDIU even after I was rated at 70% and had SSDI. It is the fault of congress because they have underfunded the VA for 40 years. You have a right to be mad at the VA, but don't hurt your cause by getting nasty with them. Blow off steam here which is OK.

If your DmII or any secondary condition has gotten worse or you have new secondary condtions file for an increase! There are a host of secondary conditions for DMII including heart disease and artery disease.

You will know if you are P&T if it says you have Chapter 35 benefits. Florida is pretty good for P&T vets.

As long as your private records don't contradict your VA records I think it is OK. If VA says you have DMII and private doctor says you don't then that might be a problems down the road if you ask for an increase.

I don't think you can get benefits if you are in jail for a felony. If she keeps getting DUI's then eventually she will be charged with felony DUI. The judges get really mad when you continue to get these charges. Pending charges really means nothing until she is convicted.

If SMR's existed that the VA did not use you have a case. It may not be a CUE, but there is another way to go at it. You will hear about it from others who know exactly what to do.

Gee, sounds like my mother. I don't think the VA will do anything to you just because you are with her. If she threatens them she will probably be escorted out the door. If she were to assault some person at the VARO she gets arrested. I sort of wish I was there to see her let them have it. Does she have mental problems? I think if she gets really out of hand they will call VA police to stand by. Just don't get involved if she gets herself arrested. You can bail her out later.

I am from Florida. Does that mean if we have handicap plates we can park in handicap spots based on our tag alone? I got the handicap hanger as well.

If it were me I would file a NOD when time on my reconsideration got short. Why would you want to risk the VA making your denial final based on some deadline you may or may not have met? We have talked about this NOD vs Reconsideration many times. From all I know the NOD deadline does not stop running just because you file for reconsideration. Your NOD must be in writing and I would not trust anyone to file it for me. Reconsiderations are based on new evidence to my weak understanding. Depending on the VA to find an error in their own decision is iffy. You are asking the same people who denied you the first time to rethink their denial. If you don't have new evidence you are making them look bad. I think if you send in reconsideration the VA will complete it even if it goes beyond a year but they may deny you. A reconsideration is not the same as a NOD. It is just risky to not file a NOD at some point.

Coburn is a medical doctor. This does not stop him from trying to &^%$ a bunch of vets. Certain groups try and run these bills to cut back on certain vet benefits up the flag pole. They are testing resistence. If a budget cutter can screw a discrete group of old vets and get away with it that is one for the bean counters. I do think that when the wars in OIF/OEF end and there are no more "fallen heros" on the news the budget cutters will probably attack vets in some backdoor way. They lump us in with other entitlement seekers. In their hearts we are just one step up from welfare mothers. We can't just sit on our awards and think there will never be any attempts to means test us, or cut benefits. This is just my opinion which is no better than anyone else's.

Just like AO and the Gulf War diseases this was bound to happen from sending many thousands of troops to spend time in Third World countries. If the troops are not poisoned by their own government then they get sick from disease. This could affect many thousands of these vets, and you can bet the VA will act very slowly to resolve these claims if it gets to that point. In the Civil War most of deaths were from disease. In WWI the Flu of 1918 killed 20 million people world wide and it started among the troops. In WWII and Korea cold weather injuries were very common and major cause of amputations.

Probably 99% of vets feel frustrated and angry at the treatment they get from VA benefits administration. The only power we have is our votes and knowledge of the regulations. To get CIB you have to be in an infantry unit, have an infantry MOS, and have someone in power acknowledge you were in combat. You can be doing infantry job but unless you are in an infantry unit do dice.

Cool That is interesting and does fit in with my belief that there is no shortcut to get the VA to reconsider or appeal a decision. If you have new evidence to submit I think reconsideration may cut some time off getting a good decision. It is good to make up your mind as a vet very soon in the process which way you want to go.

I think those currently receiving those benefits will be grandfathered in, but younger vets may get screw job and NSC vets will get screwed first on medical care. Means testing is something we should not tolerate since it separates vets into "Welfare Vets" and 'Non Welfare Vets". I could not even get local VVA or any other VSO to just stand or sit in front of VARO with signs for an hour. I do fear that politicians will make vets choose between SSD and 100% VA. I already get screwed out of 60% of federal disability pension because I get SSD. SSA and SSD are already means tested since you get taxed on those benefits if you make more than some thousands of bucks in income. Means testing for medicare, VA compensation or SSA is betrayal.

There have been AO presumptives since the 1980's. AO presumptives are easy to adjudicate. All you need is the presumptive disease and proof you had either "boots on the ground" in Vietnam, or some other AO area. It is crazy to say AO presumptives are slowing down the process. Thousands of vets have died while waiting for their particular condition to become presumptive. Thousands of spouses must try and get DIC years later. Resources may be limited when it comes to paying claims, but they were unlimited when it came to sending military into AO soaked regions, and exposing them to cancer and numbers of other fatal disease. I don't see AO claims freezing out other vets claims. These are claims that should have been addressed 30 years ago. The blame is on the VA and U.S. Government for failing its veterans. The idea that AO claims are like pie in the sky is weird. AO claims are a reality.

You have to file at the level where the CUE was made. If it was made at the VARO level that is where you file it. You know when you file a CUE there is no VCAA or benefit of doubt. If a lot of money is involved the VARO probably will deny it. They just let you send it to the BVA and the BVA lets you appeal to the Court. Your pal should get a lawyer who believes in his claim because it will be a long ride if it involves lots of potential retro. That is my experience. The VA will find any reason to deny these claims. Hell, they don't even need a reason.

Did the army say you were discharged due to prior medical condition? I don't understand why you got general under honorable unless they decided you had a personality disorder or pre-existing medical and were unsuitable for military service. If you were discharged for a medical condition you should have gotten a medical discharge. Bi-polar is a medical condition. Did the army say you had bi-polar before you enlisted and discharge you for that? What you have to show is that military service made that condition worse. Were you in combat? The army likes to play games if they can hang some pre-existing condition on you instead of admitting that they accepted you as whole and then when you have breakdown that it was pre-existing. You have bigger burden because you did not file within one year of discharge. You can still win this thing but you have to wait. If you are lost I would try and consult a lawyer especially if you have bi-polar symptoms. This is probably why you did not get around to filing until two years after discharge.

My advice is to keep fighting. You could hire a lawyer. What kind of discharge did you get and how long were you in the service? Were you found to be medically unfit? What did your discharge physical say? Do you have your service medical records?

When you file a claim it is a requirement that the VA send you a VCAA letter.

What you want is a letter from your doctor saying your disabilites are permanent. Don't worry about letters saying you can't work. You are 100% already.

I would call at least once a month and ask if they are waiting for anything in particular that you might be able to furnish.

They will tell you anything to get you off the phone.

If you get rejected by Voc Rehab that will help your IU claim. If not you get training and education. That can't hurt.

I think they will kick it down the road because nobody wants a default except maybe some tea baggers who believe the government has huge undergroud money supply in a cave with bigfoot. If the pols let this go Wall Street will drop a thousand points and shot callers with be beating down doors in DC. Dems and Republicans get most of their money from Wall Street. Wall Street does not want a default therefore no default.