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cloudcroft
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Posts posted by cloudcroft
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"We have discussed this together and have decided that we should share the entire award with the Hadit Fambly."
Am I the only one who thought that each of us would be getting a check in the mail from jangrin?
-- John D.
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"I was in the USAF and have the VN medal with campaign stars but that's it. It doesn't mean anything as yoiu well know" -- john6012
It sure DOES mean something!
At the very least, it means that you could have gone to Canada like the "conscientious objectors" did...but you didn't.
-- John D.
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jbasser,
Yeah...that's a good idea.
The All-In-One machines have come down in price a lot since they first came out, and just about everyone has a phone line (except me), so faxing something in (unless they need the originals) PLUS getting the fax transmission confirmation would be a good idea for Rocky since he can't take stuff in personally.
But he needs to do something...
It's unfortunate, however, that vets have to overcome -- as if they don't have enough to overcome already with the claims proces -- the VA's "expertise" in losing documents.
-- John D.
Call RO and get their fax number and fax it to them. You may have to go to a Kinkos if you do not have a fax machine. By the way, a fax can print out a confirmation sheet that it was received. Fax machines like a HP all in one is 69 bucks at Walmart. -
Tammy,
I don't think it's your situation that's messed up -- from what I can tell which is not much so far -- I think it's how you're WRITING about your situation. You need to write coherently so people AND the VA, when you need to submit documents/statements to them, can follow what you're saying. Especially with the VA, you want to be as clear as possible so there are ZERO room for misunderstandings and no way for the VA to misinterpret (at your expense) what you are saying.
You can have someone write statements for you (such as a VA Benefits rep at the local VA Clinic or, a VSO) or maybe even a friend who is good at writing.
A vet MUST be able to communicate well/effectively if he/she is handling his/her case alone, otherwise, a VSO, VA Benefits rep or friend can listen to what you say and write a statement for you (which you must approve) and submit THAT to the VA.
But here on the forum, you'll just have to slow-down and write more clearly...and appropriate punctuation would help, too.
;-)
-- John D.
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Rocky,
It has been said frequently in every vet forum I have been reading that if at all possibe, you take ALL submitted documents to the VA benefits office in-person, get them date-stamped AND copied (with said date-stamp clearly legible) for your records. If they say ater on they didn't get it -- lots of that sorry BS comes from the VA -- then you can produce a copy of the date-stamped document(s). It also helps if they try to deny you an accurate effective date for your claim.
This is what I did the entire 4-years MY case took...the VA never once said "they didn't get" something. Maybe I was just lucky, or maybe they take better care when a vet hand-carries/submits documents to them in-person and they're marked received/dated. I don't know. Whatever, it's the only way to do it IMO.
One's VA disability claim is WAY too important to just mail stuff in and hope/assume they get it.
-- John D.
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Vike 17,
I would't put 100% trust in "records" of the new vets being complete OR "locateable," which would help make claims go faster.
Heck, I saw on TV a while ago that some of the vets' wives had to find PHOTOS of their husbands in Iraq to prove they were even there in-country! And these guys were VERY recently there!
For god's sake, that's not only shameful but just plain outrageous!
WTH is going on with the documentation/records of these new vets/outprocessing soldiers? [a rhetorical question]
Imagine us older vets trying to prove where WE were decades after the fact.
-- John D.
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Make it a "Sticky" or it will disappear here as this thread moves back over time...
-- John D.
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Josh,
Don't worry too much about it...there IS some good news: Even if we older-claim vets are put back in the line somewhere, I believe the VA will still "expedite" cases that (1) are older than one year or (2) the vet is 70 years of age or older! I am referring to the Tiger Team people (VARO Cleveland, OH) which was created to deal with such cases in an "expeditious manner."
That is, of course, if they still are using Tiger Team now and it WILL be in existence in the future when we all hit 70.
So we will just have to wait until our "Golden Years."
;-)
-- John D.
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Thanks to Vike17 for this guide.
I have saved it so that it's available for me to send to any vet, young or old, who is new to the VA Disability Claims process.
-- John D.
P.S. It's also good for us vets who HAVE been through the system as the Guide is a good concise outline of info that we all should know.
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Objee/Ralph,
Yeah, but look at it this way: The longer they take the more $$ in the retro check you're going to get AND the more time you have to plan what you're going to do with all that $$!
-- John D.
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SFC24,
I would think that doctors -- especially shrinks -- would know better than anyone NOT to provoke ex combat vets by treating them rudely...anything could happen.
In my local VA Clinic, for example, the signs on the wall saying that "All threats will be taken seriously..." went up after a vet I know punched-out his shrink. And in the Army hospital next door, I almost punched-out some arrogant doc and put him in his own Emergency Room (thanks, but please no lectures...I couldn't care less about the consequences but I think HE would have).
People in general should be very careful messing with people they don't know...I just don't see why some docs don't get that point.
-- John D.
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Speaking Out,
Sorry to hear your lawyer bailed on you...but that's one thing they do pretty well: Take the easy way out.
I am disgusted with lawyers.
Like most people, I have had a low opinion of them since the 1970s, but recently with my auto-accident, I went through 3 of them, all of whom bailed-out on me -- and thus wasted about a year of my 2-year statute of limitations period -- so now it's just I who will "take the case" but will have to go to Small Claims Court (JP court) which limits the amount of $$ I may recover. Besides limiting me on the damages I can get from the sorry bum who caused the accident, the chiropractor gets stiffed completely (wont get ANY $$ for my treatment) because of said limit on damages. And the bum who hit me won't get "hit" for the max damages the law would allow in the higher courts. But you need a lawyer for the higher courts. I don't have one anymore. Catch-22. And as a result of dealing with these 3 lawyers, I am sure that no other lawyer will take my case for the very same reasons so I am through with them. Period.
IMO, lawyers deserve their poor reputation because:
1. If the case requires too much work (most lawyers are lazy) -- they want out.
2. If there isn't "enough" money in it for them (most lawyers are greedy) -- they want out.
3. If you keep after them trying to be kept informed about your case -- since the inconsiderate rude jerk lawyers OR your so-called "case managers" don't care to inform you themselves -- they want out.
4. If you're not seriously-enough injured for them (related to point 2) such as being killed or almost killed -- they want out. They couldn't care less about your injuries/pain/suffering, just what all that means to them $$-wise. They also don't care about the person who caused the accident -- hurt you and totaled you car -- getting away with that scott-free because the lawyer bailed out on his/her client.
They MIGHT stick with you if you are friend or family, but that's about it. To people they don't know -- like us -- it's a different story...and a real crap-shoot to find one who really cares about you and your case.
In short, most lawyers are arrogant, whining, greedy, uncaring, insensitive SOBs who couldn't care less about justice, just what's in it for them.
So, Speaking Out, welcome to the "rejected client" club. You're not alone! I can only hope that there is a special place in Hell for lawyers...probably right next to Pawn Shop owners.
As I've mentioned earlier here, my last VA claims case took 4 years. I did it without a VSO and without any legal help, although back then, before my recent auto-accident lawyer misadventures, I DID consider getting legal help. But I've come to see they are aptly called "leeches" for a reason, so I was doing my best to avoid them and going on alone.
But sometimes, when it goes beyond your highest level of competence/expertise -- if your case goes to the CoVA for specific example -- you HAVE to get a lawyer (like banks, the dictionary example of a "necessary evil"). And once again, it's a crap-shoot to find a good one, not only one who is competent in VA Benefits law, but also who is a real caring human-being if you will. And from what I've seen doing Internet searches and reading various veteran forums, VA Benefits lawyers -- caring or not -- are so few and far between they may just be the stuff of Medieval legend rather than reality.
Others here are giving you some good advice what to do next now that YOUR particular bottom-feeder abandoned you. I don't know anything about your personal VA Disability Claims case, the merits of same, the medical evidence you have to support it, C&P results, etc., so I am just speaking in general here, but yes, if you CAN get the guy for bailing on you do so. But as for your MORE IMPORTANT issue -- your VA claims case -- I hope you can find a solution without having to get another lawyer. The lack of stress dealing with that pathetic "profession" may be well worth it.
-- John D.
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Okay, Vike17, I deleted those two posts.
-- John D.
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I'm not sure Prozac is supposed to help with anger issues but it didn't help ME in that area at all (but then again, other "therapies" didn't help, either).
"Group" at my local VA clinic STILL seems to be -- after all these years even -- just warehousing vets and a justification for some people's jobs. I declined group partly for that reason.
In the past, I even had to suggest (!!) my own treatment possibilities (various types "talk therapy" I had read about in medical magazines) because the doctors didn't seem interested in trying various therapies, even though the one I was in wasn't working. It was as though they were just doing a job, working towards retirement and waiting to go home.
Glad they don't do lobotomies anymore...or do they?
-- John D.
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john999,
I think Vike17 was hinting at this: If you submit a claim that has no or little merit, you waste VA time and just clog/slow-down the system. Accordingly, many other vets with GOOD claims have to wait longer to have THEIR claims processed.
I think that's basically it.
-- John D.
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Ralph,
I don't believe my shrink ever told me about that Prozac side-effect...I just found out from you! And re: the Omeprazole I take for Gerd (claim for same as secondary to Depression was denied) can cause hip fractures (or something like that).
Aren't meds a mixed bag?
Anyway, I agree with the others...don't spend any $$ yet, but it looks good for you.
BTW, I was on the CGC Valiant.
-- John D.
Roger on the Prozac, John. Seems it increases risk of osteoporosis too!I'm thinking of easing off my Prozac also.
Good to hear from another old Guard Coastie!
Ralph
CGC Cook Inlet (OSV)
LORSTA Adak
CGC Ewing
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Objee,
10% to 100%...that IS pretty rare...and you are going to have one heck of a retro-check (depending on your how long ago you filed -- your EED).
Congrats (for the win, not for your disability),
-- John D.
P.S. I stopped the Prozac...didn't do anything for me.
Thanks a batch fellow vets,Since going from 10% to 100% ++ isn't VA SOP, I was sceptical. Don't want to go through
the psychological push - pull of "It is, it isn't, maybe ...". I take enough bloody Prozac now!
Ralph
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I still say they're only "important" if they are high, not low.
Besides, how can a vet get lots of LOW GAFs yet that "doesn't jive with the rest of the evidence?"
It doesn't make any sense...but then perhaps I'm not insane ENOUGH to see that. ;-)
Vets should avoid high GAFs if that's possible. Even the so-called "not that important" can derail you.
-- John D.
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Guys,
Just a tip here...
When I went for my rating increase, I was told by someone (don't recall who or where) that I could expect the WHOLE process to take 3-5 years. This includes filing the original claim, , getting a decision, NODs -- if the original claim was denied -- DROs, submitting additional evidence along the way, arranging any IMOs you may need, video-hearings, appeals to the BVA, more video hearings...the whole process. If you go beyond the BVA to the CVA, even longer.
It took me 4 years to the very month...I was given a VERY accurate time-frame.
My point is, be prepared for a LONG struggle, LOTS of waiting, and be PSYCHOLOGICALLY prepared for the process, too.
So while all that is going on, you have to continue on with your life...don't put anything on hold.
Now, if you get it decided to your satisfaction SOONER, that's great, but the odds are it IS going to take LOTS longer than you think...something taking weeks or months are "short-timers."
Good luck,
-- John D.
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I think you guys are right about vets who have TDIU due to a PHYSICAL disability -- as per the examples like Max Cleland and others mentioned -- but we "mental" vets aren't likely to get any better, especially if we're "old guys." After all, if the brain is shot, so if the body. And considering how primitive psychiatry/psychology are, it doesn't look good for many years to come.
Being left alone is probably best for a lot of us droids...and it would reduce the VA workload not to see us all the time.
Working for the VA might be a possibility, but I don't think they want us either. If they did take us, they'd probably not pay us a whole lot anyway, despite any higher education or other credentials we have that should command good salaries in the "normal" work world.
So, maybe just leaving a lot of us alone is best, and it may save them money in the long run, too.
-- John D.
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rickb54,
So what do those vets UNDER 65 do, who have TDIU now?
Save up their money, whatever MIGHT be left over each month (if any), for "retirement" because they might be cut off when they hit 65?
You know, in this present climate of political/social uncertainty and change, I think A WHOLE LOT of vets worry about keeping their awards down the road, for the long haul. And it DOES seem to be MAINLY about the VA saving money/cutting costs.
But that just may the paranoia kicking in again.
Or maybe not.
-- John D.
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Vike 17,
I have read in a couple of vet forums a few posts by some "experts," that someone getting TDIU when not meeting the disability percentages (i.e., schedular qualifications) has NEVER happened to their knowledge, even though, as you say, there is an allowance for it in the law. Apparently the Director never has approved any such claim. I don't know.
But re: someone getting TDIU while working at a marginal job, that HAS happened...at least once!
So the latter is much more likely than the former.
But kidding aside, I'm sure there are any number of vets out there who won "marginally employed" claims similar to mine...we just don't know about them, partly because the overwhelming majority of vets don't post here OR at the VBN. They finally win their case and disappear. I suspect that MOST vets probably don't even know about these two sites...or the other "war-specific" vet sites.
Regardless, despite the alleged rarity of wins in these type of TDIU cases, vets should be made aware of ALL the options open to them.
rickb54,
Yes, it is possible to work after getting TDIU...but that's one "test" I prefer not to take! And I don't now where any data would be to show how many vets are doing this. But if the vet has a mental disability, working is unlikely...unless, perhaps, in a family business or some other protected environment. Still, if you have a high mental disability rating, working SHOULD be pretty much out of the question. Not so for the physical disability vets.
I could have gotten 100% schedular, but a 10% award for tinnitus thwarted that. True, the 100% would not have helped me re: working because my disability is mental, not physical, but it would help for getting my retired pay...if I were not a Chapter 61 retiree that is.
What a lot of stuff you have to be aware of to work your way through the process...it's almost like a chess game...except it sure isn't a recreational activity...
-- John D.
Award Specifics..should Tdiu Been Awarded Sooner?
in VA Disability Claims Research
Posted · Edited by cloudcroft
jangrin,
What you're saying IS possible, but so are a lot of other ways the VA -- or Congress -- could cut us vets who have already won our claims case (in this case a TDIU/P&T award) in the future...who knows what tomorrow brings?
But it does no good to speculate...it just causes unnecessary worry which leads to more stress. For those of us with psych disorders, the less stress the better.
I think we should keep up with VA "current events" but not worry over them.
So personally, I'll not try to up my total schedular rating any (although I might get it up to 80 or 90%) and just leave things lie, but I DO have some interest in the Chapter 61 people getting their retirement!
-- John D.