Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
cloudcroft
-
Posts
230 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by cloudcroft
-
-
No expert here, but will post something anyway...might help.
The VA saying a vet wasn't even in country BS continues today...or is it the active duty military...I get confused they are so similar re: losing records. I was reading how one military wife had to find pictures of her husband over in IRAQ to prove he was there. Can you believe it? She has to have pics of him over there in the combat zone ( I believe he was one of the wounded guys at Walter Reed). That's outrageous!
WTH is wrong with the military's record-keeping?
And this isn't some dusty war 30+ years ago, it's TODAY for god sakes!
You may want to go online and request his Personnel records (i.e., his 201 file it used to be called). It can be done online and although it says there may be a LONG wait, I got mine fairly quickly.
http://www.archives.gov/veterans/evetrecs/
His personnel file should clearly state he was in RVN if he was there -- i.e., not a "Vietnam Era" vet who never had boots on the ground over there -- so while you are doing other things, I would complete the form online NOW (since it's the fastest way to submit it) and get THAT request in the works.
IIRC, there is a "comment" section at the end of the online submission process where you can say something like "I want my military personnel records/201 file" so they know clearly what you're after...it seems you already have his DD214 but you may want to get that, too, since by now it will probably be updated (and so complete), and you can compare it to the one he got years ago.
Others here will probably have more advice for you...
Good luck,
-- John D.
-
My guess is no, not by notes alone.
But doctor notes -- if they indicate a change in the level (severity) of your disabiity for the better or worse -- could make the VA schedule a C&P to find out.
Actually, in the real world and IMO, it seems that the VA usually looks to see if your disability is getting better and if so, THEY will schedule a reevaluation (C&P). Conversely, if your disability is getting worse -- which would mean a higher rating/compensation for you -- they seem to "inadvertently overlook" that and YOU have to initiate a reevaluation. In the 10+ years MY disability was getting worse, I didn't hear a peep from the VA...I had to take the initiative to get a C&P/reevaluation myself.
In short then, doctor notes can't change your rating -- that alone is not "due process" if you will -- but could initiate a C&P on the basis that your disability is improving so your rating should be decreased.
JMO...someone will correct me soon if I am wrong.
-- John D.
Can the VA reduce your percentage for a s/c disability by looking at your doctors notes or do they have to give you a C/P exam to determine that? -
1. No, it doesn't mean anything. Got mine today, too. Always do on a Friday if the 1st falls on a Saturday or Sunday.
2. Yes, you are too impatient. It'll appear suddenly just like I said. Just go on with your normal routine which will soon be history...along with your 30% and then you can look back on when you used to be "dirt poor" in the "old days."
Thoughts like that should keep you busy.
Just don't spend any of it yet until it DOES appear!
-- John D.
I just checked my bank account and they have deposited the usual 30% amount of 300 some. It was posted today which never happens. It's -always- on the first, like clockwork. Not sure if that means anything, the fact that they did it early? Shrug. I'm too impatient I guess. -
"Presumption of soundness" is still there...it's just that most vets probably aren't informed enough about it or, they just don't have the long-haul perseverance to continue their claim, or, they accept an initial denial decision and just give up. And other vets, for whatever reasons, just can't argue these points of their claim effectively...this kind of vet needs a very good VSO to do it for him/her.
-- John D.
What ever happened to a presumption of health when entering the military? The regs are in the veterans' favor; they're just not being applied correctly. Perhaps with a government push they will clear it up.....PD is a very rare issue and not very well understood. There is NO way that many people have PD from the military...NO WAY. -
I believe you will get two retro payment checks:
1. The difference between 30% and 70% (period from September 2004 to May 2006)...not a big difference $$-wise.
2. The difference between 70% and 100% (period from May 2006 to present)...a BIG difference $$-wise.
Due to COLAs each year, the compensation is different (each % rating level goes up, i.e., 30, 70, 100% for 2004, 2005, 2006 and 2007 are all different each year) so they will calculate each year's payments, add them together and give you two retro checks for those two periods...if this explanation makes any sense.
Afterwards, you'll be getting 100%/month.
For lots of us, we saw the retro $$ suddenly appear in our bank accounts (if one has Direct Deposit) pretty quickly so keep an eye on your online banking records...for a while, you'll see whatever your usual balance would be and then one day suddenly you'll see thousands of $$ in there!
-- John D.
I got another letter today, a thick one, explaining how much I will be getting, my depenednts and all of that stuff. They said from Sep. of 2004 to may 16th 2006 I will get 70% and from may 16th to now I will get 100%. Now, do I take away the 30% they have already been giving me? So 40% and 70% is what they will give me for my retro?Also, is my effective date the first date I got my 30? It also said it should take 15 days from my effective date to get my money, but I don't understand my effective date. Is that the date the judge signed off on the decision? I hate being old and dumb...
-
How would an employer ever know you had a 10% (or higher rated) disability unless you told him/her?
That's one reason I'm sure why many of us vets do not ever mention to a potential employer -- on the application or verbally -- any VA disabilities we have.
In your case, for your own well-being as already has been mentioned, you'd need to take a job that wouldn't aggravate your condition but otherwise, you could keep any disability private especially since it's minor.
At least you have a physical disability...imagine vets with mental disorders...even at 10%, who would want to hire a "mental case?" Despite it being 2007, most people still have very negative ideas about mental disorders, that people with them are dangerous, a walking time bomb, a workplace shooter, etc. So it could be worse for you.
Until employers wise up re: people with disabilities I think that not volunteering any info re: one's disability is the prudent thing to do, especialy if it's not something serious or not obvious to anyone.
I believe they are more understanding about physical disabilities, but even then they may not want to take the chance. They can't LEGALLY discriminate against you due to a disability but it probably happens all the time (did to me) and PROVING that they do is almost impossible. Like when they don't hire you because they think you're too old...that's illegal, too, but they do it. Your age can't be kept private, but a 10% back disability probably can.
Considering all that, I think you should keep it your little secret...
Regardless, before you get out get ANY medical problems documented AND copies of your records for yourself. Years down the road, if your back gets worse or other issues come up, you will have an easier time establishing service-connection for them, then, you just need to get a rating. So I suggest you get at least your back covered NOW...then ask yourself if a VA disability rating of 10% ($115/month) is something you can let go or use.
-- John D.
I have a quick question...I am getting ready to go to a physical exam for VA Comp...I am active duty, getting ready to retire with 23 years in. If you get a rating for a condition, can it effect your employability in the civilian sector? Say a 10% for lower back pain...Can this affect me when I go to apply for a job as a civilian? If I can not get a job after the military the 10% is not much help, I will not put in for it...Thanks in advance
Don't know if this post has been covered or I am in the right forum....thanks
-
I agree.
Wit a consistent GAF of 50, I was 50% rated for about 10+ years and finally decided I should have been rated at 70% all along. It had to go all the way to the BVA but they agreed with me and I got my increase to 70%.
GAFs alone are not enough to go by -- we all know that -- but they are a good indicator of where your disability rating should be at so if your other evidence supports the 70% rating, don't just accept a 50% rating. And a GAF of 50 can be argued either way...argue it in your favor. A GAF lower than 50 CLEARLY should be 70% at least.
IMO, this is especially true of mental disorders rather than physical.
-- John D.
I would compare your symptoms to the chart provided by Carlie, but, generally speaking, I wouldn't be happy with any rating under 70% unless your supporting documentation is VERY weak. -
Actually, when you have multiple mental disorders, I believe you are diagnosed as ("labeled") whatever your most serious and most disabling mental disorder is. This is the one that is assigned a disability rating and compensation.
-- John D.
-
Only gainful employment will rule-out TDIU...marginal employment will not.
-- John D.
Yes you are correct. It's almost like they play on your sence of duty because you still want to be in the reserves / Nat Grd. They don't look at how low an inpact my reserve job has on my physical or mental abilities. I have a very unique position with low inpact on my SC issues.Joe
-
carlie,
I agree with Pete53.
Remands often end up with a favorable decision by the VARO for the vet.
Not to get one's hopes up but the only BAD news you can get from the BVA is an outright denial. So with them either denying, remanding or granting, the odds are in the vets favor 2:1 at the BVA level.
You're still in the ballgame.
-- John D.
Don't give up. A remand can be a good thing. Hang in there.Pete
-
When I was going through my claim, friends would regularly ask me how it was going and did I hear from the VA yet (final decision). I told them, "It should be any day now," just like the VA benefits people would tell me. "Any day now" turned into weeks, months and then years...
I said "It should be any day now" for most of about 4 years until I got my final decision.
Every day I went to the mailbox I hoped to see the end of it from the VA via a big (insert color of your choice) decision envelope. It didn't happen until the very end.
I hope your case doesn't take as long (it probably won't), but remember, most people should be prepared for the VA process being very slow and be prepared psychologically for a 3-5 year emotional marathon and along the way -- if you don't get what you're after on the first decision -- more C&Ps, NODs, SOCs, IMOs, Statements in Support of Claims, DRO hearings, Reconsiderations, video hearings, appeals to the BVA, etc..
In the meantime, you need to live your life...waiting expectantly will surely be disappointing and wasting time you could be doing other things.
[EDIT: I'm not saying YOU are putting life on hold, just advising that vets realize it could be a long wait and so they should try to "forget" about it and live life "normally" until they DO get those VARO letters in the mail...then you make your next move depending upon the decision. Actually, have a Plan B and even Plan C ready BEFORE the decision...work on those while you're waiting. In my case, it felt better having a plan(s) available so I could act quickly when I got the decision -- if it was a denial or a lowball -- and not have to start THEN researching my next move]
Good luck,
-- John D.
Another week goes by an still no news from the VA on a decision on my claim. It's been with a rating specialist for signature since March. I guess they only have a small quota to fill monthly. -
Pete,
I don't believe he would qualify for IU at ANY age if he wasn't SCed for disabilities that prevent him from working.
He'd just get the pension, which I believe is just over a grand a month...IF, that is, his present monthly income doesn't exceed the limit allowed by the VA and any other income he has is deducted from the maximum monthly pension (1-grand or so as I said) so you have to figure that, too.
In short, on a pension the best he can do is about 1-grand a month: (1) VA pension plus other income or (2) VA pension alone. Don't know about SS he may be getting at retirement age...the VA may deduct that from what they'll pay, too, so in the end, the actual VA pension $$ wouldn't be anywhere near a grand, but his total monthly income would be even if from several sources.
If all that makes sense...
-- John D.
I don't know if they still do it but you should ask to expedite the 70 year old Veteran's claim to the Tiger Team who for the most part speed up VA processing.I do know that the VA Pension kicks in at age 65 with nor proof of disability so by that reasoning a Veteran age 65+ would be eligible for IU if not working.
Good Luck and thanks for helping a Vet.
Your Veteran is quite a guy in my book.
Pete
-
In my case I only saw my higher GAFs cited. It was kind of funny in that I told the docs that their high GAFs were going to cause me problems...they looked at me somewhat surprised, like a deer in headlights; either they were completely cluless re: the VA claims process or they were acting.
For example, my usual GAF was a 50 but one doc (a shrink) said, "Because you have a job, I'm giving you a GAF of 55." The thing is I hadn't been to work at that "job" for about 2 years or so, it was "a job" in name only...no benefit to me gainful employment wise or otherwise. So my GAF goes up 5 points just for that.
Later, and sure enough, my denial letters stated something like, "It is also noted that your GAFs were somewhat high, being assigned GAFs of xx and xx." No mention of the LOWER GAFs assigned.
So IME, and although I do agree that GAFs are only a part of the equation, high GAFs are not helpful...unless you really DO feel/act better which is a good thing. But if you're not, they are going to hurt your case.
I wasn't getting better or feeling better so the higher GAFs were IMO erroneous but the raters sure pointed them out to me in their denial letters/SOC as if they were deserved an "honorable mention" at the very least. In reality they were another reason to deny. There wasn't a whole lot of evidence to deny me so the VA seemed to be making the most of what was on the negative side.
This matter is ESPECIALLY important to vets whose cases are in a state of equilibrium -- the evidence for and evidence against a favorable decision is in relative equipoise -- where the benefit of the doubt comes in. In this context small items of evidence -- positive or negative to one's case -- become more noteworthy.
-- John D.
I'll have to dig it up, but I'm almost positive that the VA is *supposed* to use the lower GAF as they are assessing your low points and not your high points with mental disorders. However, the reverse almost always seems to be the case, as they routinely ignore low GAFs in favor of the highest reported GAF. I'll look around and get back to you.... -
The VA needs to state in a denial letter or SOC why they deny a rating increase or whatever else a vet is after. Citing high GAFs is one piece of "evidence" they use. They do NOT give the same consideration to LOW GAFs as these are not cited.
As I said before, high GAFs will hurt your case, low GAFs will help your case but are ignored.
I have written on this issue extensively before.
And since I have not been diagnosed as a paranoid, I don't believe I am in error here or being unfair to the VA. I have seen CONSISTENT citing of high GAFs in my earlier denials yet no mention of low GAFs whatsoever, which has resulted in my coming to the conclusion stated above.
-- John D.
If the VA wants to low ball you on your claim they will find a way. They don't need a GAF to screw you. They are experts at it and have been for years. -
My guess is that you will get ONE retro lump sum NOW and a second LATER (that is, if you win at the BVA level).
1. You will get whatever 30% would be back to the start date of your claim NOW since you went from 0% to 30%. Then, of course, start getting 30% monthly payments.
2. If you prevail at the BVA trying to convince them your REAL rate should be 50% rather than 30% -- they could grant you said 30 to 50 increase right then and there without any further VARO action, or the BVA could remand it back to VARO "for further development" (this happens A LOT) and then you might win that way if the VARO finally agrees with your request for increase from 30% to 50%...or the VARO can deny it. But if the VARO finally approves the increase, you will get the retro (the difference between 30% and 50%, whatever that figure would be) from the originial date of your claim up to when you get notice you won (IF you win) the 30-50% increase.
In short, you get one retro NOW and one MAYBE later...
-- John D.
Ok, I was at o% then filed a NOD. VA sent me a SOC increasing it to 30%. If I appeal to the Board of Vet Appleals believing I am entitled to 50%, does that mean the VA will wait on paying me the retro of 30% until they get the Form 9 and I wait my turn for the appeal?Joe
-
I don't think most future vets -- or lots of present vets, either -- will care for these called-for changes.
Sounds to me that "developments in science, medicine, and technology, as well as changes in the nature of work that have occurred in the past 62 years—which potentially affect the extent to which disabilities limit one’s earning capacity" means (if this way of thinking is applied to VA law changes) that many fewer future vets will get the higher disability ratings or ratings serious enough to be P&T in nature...as well as less vets ever qualifying for TDIU in the future. As if these "advances" are really some kind of miracle drugs or super talk therapy/counseling programs with amazing results over what we have now...they sure as hell are not.
In short, I'm reading "just medicate/counsel vets and reduce their disability ratings because that makes them better."
It's much like we see going on today in the active duty scene where soldiers are medicated/counseled and sent right back out into the combat zone...or get shorted disability-rating-wise IF they are separated/discharged by their particular active-duty branch of service...and ONLY if said service can afford to lose yet another warm body over there to fight in some sorry foreign black-hole country (seeing how the military is so short-handed even though few will admit it).
I don't see how this is a positive change, i.e., something "needed" at the VA...or even allowed to go on NOW with active-duty people.
It's criminal.
-- John D.
http://vawatchdog.org/07/nf07/nfMAY07/nf053007-3.htmLarry Scott highlighted this part:
"But, the most compelling piece of information is the paragraph below. Read it carefully...it suggest that it's time for a complete and radical overhaul of the VA disability ratings system." per Larry-
"There is also a need to consider more fundamental reform of the VA disability compensation program, particularly with regard to its disability criteria and field structure. VA eligibility criteria for disability continue to be based primarily on physicians’ and lawyers’ estimates made in 1945 of the effects of service-connected impairments on the average individual’s ability to perform jobs requiring manual or physical labor. Moreover, the program’s eligibility criteria do not sufficiently account for developments in science, medicine, and technology, as well as changes in the nature of work that have occurred in the past 62 years—which potentially affect the extent to which disabilities limit one’s earning capacity."
The last part makes me wonder what the report says about all that- but Fundamental Reform! This is what I dream of----
Thanks to all of you who took the time to write to the Dole /Shalala committee-
I feel they listened to us all.
Gotta get out my Dylan CDs-" the times , they are a comin'"
I foresee a change in our lifetimes.
If they added more lawyers to the BVA-who makes top notch and superior decisions in my opinion-
these days- not at all like it used to be there--
they could eliminate these ROs-or just make the ROs check the basic eligibility requirements and dependency data- etc etc----send it off to the BVA and then it can be handled by someone who is
literate and fully versed in VA case law.
-
Cavman,
Well, at least you and most combat vets here probably didn't have any serious "social problems" when you were out in the field...I mean where weapons were almost fired at someone (4 different times in my case).
So if *I* were to go to a reunion of my old RVN unit, I don't know who would be more "nervous," me or those 4 guys.
As for most "normal" vets, however, I think that they should go to at least one reunion...
- John D.
-
Pete,
Simply not working (being unemployed) may have no relationship to TDIU whatsoever. It has to be clearly because of SC disabilities, not the simple fact that one is unemployed.
Conversely, we all know that even if you ARE working -- and I mean "marginally employed" to be sure -- you still can be found to be TDIU.
So "not working" (or working) alone is not really a 100% real TDIU indicator according to VA regs.
I know you know all this but with your one sentence statement it may mislead people and I just wanted to clarify it for the new guy Rodney.
Regards,
-- John D.
If you are not working I would say that the chances are good. -
Tamara and Free,
Thanks to both of you for the information.
It seems that I need to make some phone calls to find out who has my loan as well as what happened to the documents I DID send in to FAMS.
Regards,
-- John D.
-
While some P&T vets report not having trouble or any delays getting their school loans dismissed -- aside from delays built-in to the process -- some of us are.
When I first tried to get this process started and brought the forms to my local VA Clinic (where my doctors were), no one (any of said doctors) at the local VA Clinic would sign the document stating that I was P&T, etc., because he/she wasn't "authorized" to do so ("not their department"). Seemed to me though, that no doctor wanted to put his/her name down (and MD/DO license #) certifying my situation and taking 100% responsibility for that, so he/she kept passing the buck to someone else in the VA maze.
In one way, I partly see why as the Loan Discharge Application forms seem to be set up for SS people ("civilians" if you will rather than veterans) in that they probably have one doctor who takes care of everything and WOULD sign the docs, but in the VA, one's disability rating it shared by the docs (primary care, psych docs, C&P docs, therapy docs, shrinks) who provide medical evidence and the raters (NON-medical people) who make the decision...so no one at the VA takes full responsibility...the forms require a DOCTOR to sign, not a rater. And as mentioned, the docs said "That's not my department" or something like that.
I think the Dept. of Education should make up school-loan dismissal forms more appropriate for VETERANS and the VA.
So I gave up since no one at the VA would sign the dismissal form.
About a year later though, long after I thought they'd be collecting dust at the local VA Clinic, I got the forms signed by some doc in the psych department and sent said documents to FAMS (Atlanta, GA...maybe a collection agency but they are the ones who sent me the Department of Education discharge forms) some time ago but have heard nothing.
I'm talking about the form titled "Loan Discharge Application: Total and Permanent Disability." Is this the correct form?
So does anyone here know exactly WHERE to send these docs (mailing address) so I can try that?
Should I send this directly to the Department of Education instead?
The return address on the forms was FAMS in Atlanta so that's what I did, but as I said, I've heard nothing back.
So where are other P&T vets sending their Student Loan Discharge application forms?
-- John D.
EDIT:
tdak,
Okay, just saw your post. Thanks. Yes, this is the same form I used. So where is it supposed to be sent (snail-mail address) when completed?
-- JD
-
Gary,
Just go to the link TBird posted below and there it is.
Once it opens up, just do a Copy & Paste into a new document (like Word or maybe Wordpad) and you can save it for future reference even if it gets lost here on the forum.
If you have MS-Word, I can send it to your e-mail address in Word 6 format, or, even Wordpad probably could open it. Sending it as ASCII text (Notepad), the Guide loses all the formatting and it's hard to read.
Additionally, and probably the EASIEST way, you can just open the link, then go to File, Save As (it's already appropriately named), and save it as a HTML web page (on your Desktop or in some personal folder so you can find it in the future) which your web browser -- MSIE, FireFox, etc. -- can open any time you want.
-- John D.
If U would be so kind as to send it to me I would sincerly appreciate it.Sincerly,
GARY...................gdsnide@hotmail.com
-
Yes, I did "lose" it because you can't have both that and VA, but it wasn't a "pension" per se. It was called "disability retirement pay" back then (we're talking the late 1970s).
So I went tih 30% VA which paid more than the 30% from the military. I think just about everyone would go that way.
-- John D.
CloudDid you lose the 30% pension when you got your VA compensation? The disability pension is different than the 20 year pension regarding concurrent receipt I think. Don't you have to choose one or the other?
-
Yes, in your case it makes sense to do that.
In my case, with no family or relatives to worry about or leave my "estate" to, it really doesn't matter...unless I could get some of my military disability/retirement pay back (30% medically-retired), $$ I haven't been getting for many years now. Being rated at 100% schedular would help with that, but that's unlikely since 100% schedular for mental means you're probably judged incompetent, too...and I'm not at all THAT bad...yet!
If I got a terminal disease would I get it SCed? Probably. But I'm not sure there'd be any real benefit to me to speak of.
Don't mean to be greedy, just saying...
-- John D.
-
jangrin,
I also was there 1969-70 and also was on a tank/APC (Central Highlands, II Corps...Pleiku, Kontum, Cambodia, An Khe).
Despite it being 37 years ago, I recently claimed that my hearing-loss (high-frequency) and tinnitus was due to my service in the RVN; I wrote a statement describing all the noise I was exposed to. This statement, my hearing test and my MOS was all the evidence that was submitted.
The VA SCed the tinnitus and rated it at 10% and SCed the hearing-loss, but rated it at 0% because it wasn't deemed severe enough. I accepted that decision as I already had TDIU and didn't see any reason to argue with them further. But at least they were SCed even after all this time on the very FIRST effort.
As a RVN vet, I was encouraged to file the claim for hearing because someone at the VA Clinic told me that even WWII vets were getting approved! Go figure.
Your brother may want to try again...as well look into the much more serious WBC issue ASAP!
-- John D.
100% Disabled Tp /working
in VA Disability Claims Research
Posted · Edited by cloudcroft
oneshot:
"Being 100% and not working is not all it's crack up to be, everyone else in the world is someone and doing things, and not having that satisfaction sucks, and it gets old real quick."
I certainly agree. Most "civilians" don't get that part of being TDIU, and frankly, I sure didn't until I became TDIU and experienced the reality of it.
And yes, you feel that you could lose it from someone reporting you for doing any kind of volunteer work, trying to take classes, or report you just for spite as you said.
So for I don't know how many of us, being TDIU is much like being a bird in a gilded cage...
And for those of us on TDIU income and ONLY that income (i.e., no SS, no civilian career retirement pension, no military retired pay, etc.), we "make" the lowest income of anyone rated TDIU.
Sure not complaining though -- VERY glad I have it -- just saying that once you get it, much of life is "closed" to you but not closed to other people, or those rated 100% physically. You see people doing things and moving on, but all you can do is stay level. And if you're really "lucky," on top of that your age (the Gray Ceiling) closes lots of doors to you, too.
But it sure as heck beats living on the street, so I guess things could be lots worse than feeling bad because you can't work, go to med school or whatever "normal" plans you might have had that will never be realized!
The downside is that TDIU gives you LOTS of time to dwell on that. Not good.
-- John D.