broncovet

http://www.hadit.com/forums/index.php?/forum/120-va-training-and-fast-letters/ Is the most reliable, best, free source of VA claims information available on the net. It is simply enpowering to read the same training letter that the person who is rating your claim read when he rated it. The only thing better or more detailed is the Veterans Benefit Manual and that is not free. Thanks to Fanaticbooks and Tbird. This will help MANY MANY Veterans, if they choose to use it.

Oh, yes, and I am not trying to be critical, but helpful, but a page where cases are listed, along with about a 8 word summary of issues would be great. You know, kind of like the one fanaticbooks did with training letters. By the way, even tho it may not be done yet, that training letter index is probably the premier source of reliable VA claims information on the internet...much, much more informative than VA.gov Examples: Bradley vs Peake (TDIU allows SMC eligibility) Robinson (VA required to sympathetic read Vets filings) The idea is that Vets could go down the case list and see if there are any that applies to him. Many Vets are not interested in learning all the cases and studying to be a VA lawyer, but only want to quickly go to those that may help him or her.

Tbird Also, on the "Cases" issue, I would highly recommend links to Bradley VS Peake, Comer, Robinson, Bell (constructive notice) and Rice, as these cases seem to be particulary relevant, while some of those listed are less important than these.

Tbird Mostly, the new server is "good to go". However, if you click "VA claims" then "cases", there are quite a number of broken links. For example, the links to cases, "Hohol, Murincsak, Ternas, Breeden, and VA General Council all do not work.

There is a regulation that requires the VA give written notice of a decision, along with reasons and bases for it. However, the VA ignores their own regulation, with the courts blessing, and "deemed denies" Veterans. That is, Vets decisions are denied, "sub silento". In other words they are a silent or secret denial. Its a horrible injustice to Veterans. Often we think the VA does things the same way at all 57 ROs. They dont. So we cant really answer if a particular RO managers policy is to not give out verbal decisions, because many of them "go their own way" anyway. That being said, I agree with the ones who do not "give out" verbal decisions, and I will say why. Its not in a Vets best interest. Altho I know Vets are in a hurry to find out, they are best to read the decision in the mail. Why? Well, first of all their wont be a misunderstanding what was said if its in black and white. The Veteran can read it over, 10 times if he so desires, and have his wife read it, and take it to his VSO, if he likes, to explain it. This would not be very likely to happen if the decision was given verbally. If the Vet has the decision in his hand, he is less likely to either think its better, or worse, than it really is. And he really needs the paper RO decision anyway, if he plans to appeal it. I do think they could be forwarded in IRIS (secure emails) so that Vets could print them if they like, and that would be faster. Because I am hard of hearing I just know I would get some of it wrong if they told me about it verbally. Still another problem with a Verbal decision is that it would not be enforceable. "But ...you said I got 100 percent"....wouldnt cut it, while saying "The RO decision dated 11/23/2008 awarded 100% SC for PTSD." would be great evidence.

R Powell Yes, you can get a copy of your records. Usually you go to the "Release of Information" section at the VAMC, where you will be required to sign a consent form. At my VAMC if the records you request is small, just a few pages, they hand them to you in a few minutes. However, if you need 1800 pages from 12 years of treatment, then they will be mailed to you in a few weeks. Im pleased you were happy with your counselor. However, Im always skeptical when someone says, "Im with the government and Im here to help you." In my experience, there are sometimes REASONS why when people are "NICE". In at least once case I am familiar with, people were "nice" because they HAD to be nice...probably because they had mucho screwed up in the past. And some are "nice" because they WANT something from you. Im on my guard when people are a little too "nice". I believe it was Shakespeare who said, "Tho doth protest too much". I knew a guy in the military who was "nice" to me....pretty soon, he was expecting favors "returned". I think this goes on in the VA a lot. The sup is "nice" to you giving you a bonus, maybe that you dont deserve. They EXPECT something for it..beleive me. Be cautious when accepting gifts from strangers...I would much rather someone call me an "A$$ AND MEAN IT THAN TO TELL ME THEY LOVE ME WHEN ITS A LIE. Larry.. Thanks. I have gotten ripped from the mods and others about my posts a few times...accusing me of not helping Vets, being negative, etc. I think that VSO's or people on this board who recommend "one claim at a time" (even if you have 8 disabilites or dont have a definate diagnosis) are doing Vets a big dis service. One complained that Vets have 10 to 20 issues...basically suggesting that someone with that many issues was a fraud. Im not sure that the number of issues claimed has anything to do with fraud...in fact, wouldnt it be easier to defraud the government with ONE condition than 20? The guy with 20 sounds like an honest fella to me. When these people applied for a job at the VA, Im sure they tried to get the lowest salary possible, right? Yet they seem to be suspicious of a Veteran seeking the maximum benefit?

This is from the Wall Street Journal and has a link of where you can find out if money is due from the VA. There is lots of unclaimed money there, and some of it may be yours. You will need the Veterans full name, etc. http://finance.yahoo.com/news/Lost-Money-For-wallstreet-2528463248.html?x=0&.v=1

To cover your bases, you may apply for something like this: I wish to apply for benefits from Thoracic. Lumbar, and Sacral spine injuries, as well as the neck, migraines, and conditions primary and secondary that are of record. Let the docs diagnose and the VA rating specialists rate your conditions. Dont limit them to make their job easy. In the long run, it wont be any more work for rating specialists. If they are uncapable of rating "multiple claims", then perhaps they should go back for more training until they can do it. Those "one horse wonders" that insist on just asking for one issue at a time (to make it "look" good) wind up taking decades for their benefits. And the "one horse" advocates, are not helping Veterans at all, they are just delaying the benefits the Veteran is entitled to.

VA regulations state that the Veteran, to be awarded benefits must "specify the benefit sought". Your problem is one many Vets have..they have multiple issues..and they are not doctors, and can't really "self diagnose" their medical conditions. I suggest you not try to do this...they dont train Doctors for 8 or 10 years because people without medical training can do just as good a job at diagnosing and treating injuries and illnesses. Many VSO's and even some of the knowledgeable ex VA personel on this board will want you to try to self diagnose and then just apply for ONE benefit...because for the raters to process your claim its easier. Your job is not to try to make it easy for raters to process you single condition claim. If you specify, for example an issue with your c3 backbone, then a rating specialist will probably deny you if your doctor says the issue is with the c4 c5 and thoracic verterbrae. This would mean you would have to appeal...and tho you may win, are you prepared to wait an average of 4 years for your claim to go to the BVA to get your benefits? Then, your claim would go back to the rating board after going to the BVA, for example, and the BVA would tell the RO that the Veteran is not required to self diagnose, and to apply the symptoms appropriately, and then the rating board would have even more work to do because they would have to do the job again, that they could have done right the first time if some VSO hadnt told the Vet to ONLY apply for symptoms related to C3 verterbrae. So, and I am aware that the old school VA will probably scold me for this post, complaining that Veterans who apply for 10 issues slow down the process and cause the backlog. Dont listen to them. They are not the ones who will have to wait 4 years for their benefits if you guessed the wrong condition and your doc diagnosed you differently than what you predicted. If you have 10 issues/ symptoms claim them all! The medical condition you have is not your fault, assuming this is related to military service. If you get hit by a roadside bomb, and lose one leg, get shrapnel in the other, the blast wipes out your hearing, you get TBI from the blast, you have shrapnel in both arms and your chest, and one of your eyes also has metal in it, need facial and dental reconstructive surgery, and your kidneys are damaged, which ones of these issues do you not want to claim so that rating specialists can have an easier job? The correct answer is NONE...you are entitled to them all, and would be foolish to not apply for them all. In a similar way, you dont know the full extent of your injuries, so cover all your bases. JMHO

I would recommend you adding a statement to whatever condition you file for something like this: I would like to apply for the benefit of Gulf War Syndrome and any and all other conditions that the records show I am eligible for to the maximum extent that Regulations will permit. IMHO you never want to limit the benefit sought...you are (probably) not a Doctor, and you may not have a doctors diagnosis of all conditions you are seeking. I read a recent case, that I will try to find, where a Veteran is not competent to diagnose his own illnesses (unless he is a medical professional). You want to avoid the scenario where you apply for depression, for example, and then a doc diagnoses you with bi polar disorder so the VA denies your claim because you dont have the benefit sought, depression, but have bipolar disorder instead. Its one of those "gotcha's" that you want to avoid. By including the statement I put in BOLD, or something similary, you are putting the VA on notice that you are claiming everything that you are eligible for. By the way, I think the VA is supposed to do the above anyway, that is, to assume the Veteran is seeking the "maximum benefit allowed by law" when he applies for benefits. However, I am here to tell you that in my case, the VA is doing their best to "weasel out" of paying and instead they are claiming that I sought "merely hearing loss" when I said nothing of the kind that I wanted to limit my "benefit sought" to hearing loss.

Vets Lady Congratulations! Tbird is right. The insurance industry did a study and the average widow, regardless of the amount of life insurance received, is broke two years after her husbands death. I would say its no different with VA retros..spend it wisely. There are lots of con artists out there trying to part people with their money, and they know that people who recently received a lump sum are particularly vulnerable. One potentially wise thing to do with a large sum of money is to invest it in either annutities or dividend stocks and create for you additional income. For example, AT &T (Symbol is "T" on the NYSE) is rated 5 Stars by Standard and Poors (the highest rating) and is currently paying about a 5.8% dividend. Before you invest anything, ask a trusted financial advisor for advice, preferrably one who has a series 6 or series 7 license. Ask him or her if an investment you are considering is appropriate for you.

RSG Im not quite getting your question. You have posted that you were denied medical care in 1969, but apparently got it eventually as you are now 100%. I am guessing you are trying to get an earlier effective date of your 100% benefits, back to 1969, and thus retroactive payments back to then. There are regulations that state to the effect that if you are injured while being treated at a VA hospital, you can get the same benefits as if you were injured in military service. I think this is called and 1151 claim. For the VA, EVERYTHING is about documentation. And I do mean EVERYTHING. Do you have documention of this denied treatment in 1969? Unless its documented, the Veteran is pretty much out of luck. This is why Vets are so upset about the shredding scandal...the bottom line is that Vets evidence got shredded, so they had no way to prove it, and Vets got cheated out of their benefits.

Tbird Suggestion: "What to do if you..........." section of hadit. Example: "What to do if you have been denied for PTSD based upon no diagnosis of PTSD but you have a MDD diagnosis" The Veteran is not competent to "self diagnose", but relies upon the medical professionals, so he does not always need to claim "depression" when the claimed PTSD or vice versa: From NVLSP: i. What constitutes a diagnosis? ii. If there are multiple diagnosis for a single disability does the veteran need to file multiple claims? 1. Ex. Vet claims SC for PTSD, but is diagnosed with another mental disorder, not PTSD 2. Does the vet have to start from scratch? b. Clemons v. Shinseki -- Background i. Claimed PTSD ii. VA medical records show anxiety disorder and others iii. BVA denied because there is no diagnosis of PTSD c. Clemons v. Shinseki – Holding i. Vet was incompetent to self diagnose mental condition ii. Evidence showed claim was for any mental disability that may reasonably be encompassed, based on: 1. Description of symptoms 2. Description of claim 3. Information gathered/submitted in support of claim iii. Key Quotes 1. “Appellant did not file to receive benefits only for a particular diagnosis, but for the affliction his mental condition, whatever that is, causes him.” 2. Vet’s “claim for benefits based on PTSD encompassed benefits based on an anxiety disorder and/or a schizoid disorder b/c evidence developed during processing of claim indicated that the symptoms for which [he] was seeking VA benefits may have been caused by an anxiety and/or schizoid disorder” Reference: MOPH Training manual, published by NVLSP available here: http://www.purpleheart.org/ServiceProgram/Training2010/Tuesday%20Training%20Outline%20NVLSP.pdf Scroll down to "Game Changers"

Yes, I agree with the commentor, Berta, that we DO "have a dog in this fight". If the VA gets away with denial of due process for Vets with mental illnesses, what is to stop them from denying due process for widows, Vets without mental illness, dependents...everyone. This is what this case is about...the VA forced this Veteran to have a fiduciary, against his will, and then he has no real way to appeal this, under current laws. I do think that people need to be protected from people who are mentally ill and may become violent toward others. But to declare them incompetent so that a friend of a VA executive can "manage" the Vets money for him (and charge the Veteran excessive fees for doing so) is inhumane treatment to the mentally ill. In the "real world" (non VA), if you want to challenge someones mental competency, (for reasons involving money) that decision is made by a judge..and the alleged mentally incompetent would be provided a lawyer to represent him. ( Certainly, the mentally incompetent would get to tell the judge his side...why he thinks that his wife would be better suited to manage his finances rather than a stranger who is in it to collect fees.) This case is important to us, and is a VA "erosion" of due process rights. WE need to fight for those rights for all Veterans, or we can be the one who's due process rights are violated by the VA. If the VA gets away with violating the due process rights for the mentally ill, who is next?

Tbird The Details of SMC regulations are contained here: http://www.warms.vba.va.gov/regs/38CFR/ … S3_350.DOC However, the Military order of the Purple Heart has a training manual on SMC that seems to explain it better, here: http://docs.google.com/viewer?a=v&q=cache:SReivIaT_qgJ:www.purpleheart.org/ServiceProgram/Training2010/Tuesday%2520Training%2520Outline%2520NVLSP.pdf+smc+veteran+memory+loss&hl=e

According to Microsoft, that error is a problem with Microsoft Internet Information Services (IIS) and .net framework. Try this fix: http://www.gidforums.com/t-1513.html If this does not work, your ISP (Internet Service Provider) may be able to help you, so contact them. Changing browsers does not seem to help. Of course, you can also change to a free Operating System software (non Microsoft) such as http://www.linuxmint.com/ and it will eliminate all Microsoft problems such as Blue Screen of death, thousands of virii, etc. It will take you some work to make the switch to Linux, but Linux lovers say its well worth it. Personally, I Dual boot my computer with mint linux and Windows 7 so I have the best of both worlds. More free operating system software is available here, along with reviews: http://distrowatch.com/ I personally have used mintlinux, ubuntu, kubuntu, and Knoppix and have found them to be superior to Windows in many ways. Since this is "open source software" you can download these free, and burn your own CD/DVD, and even share the software with any/all of your friends/family, unlike Microsoft products. This is all perfectly legal. Most of these you can run "live", that is, you can try them on your computer without installing by simply running the operating system from your CD/dvd drive. Then if you dont like them, just take the CD out of the drive and you can just go back to Windows. IMHO this is not a problem with the VA's IRIS or its server because others contact IRIS with no problems.

If you are working, even part time, at what the VA calls "substantial gainful employment" SGE you are not eligible for IU. However, if you reach a point where you cant work anymore, you could certainly apply for IU. Mostly, SGE is defined by how much you earn in a year. The amount is published, but it is "about" 10k per year. If your part time income netted you less than about 10k per year, then you may still be eligible for IU

Bigdog If your decision awarding (or denying) benefits was more than a year ago, then you passed the "regular" appeal review process time limit. Not timely appealing limits your options, since this claim is now "final" and is not subject to review except by filing a "Clear and Unmistakable Error" claim. However, if you have "new and material evidence", you may be able to reopen your claim. Bell vs Derwinski has the "constructive notice" rule, where the VA is considered to have some evidence in their possession, even if they dont. The VA is required to consider all the evidence before rendering a decision, but sometimes its hard to know if they considered your evidence or not. IMHO you have an "uphill battle" trying to prove CUE, but you might get the claims started again with N&M E....then file for an EED (possibly with CUE) to try to get your retro benefits. Most VEts work on winning their benefits, THEN worry about the effective date. The VA LOVES to turn a simple thing into a multi step complex process.

ADD these up: 1. Veterans copayments went up. 2. No COLA for Veterans 2 years in a row. 3. VA employees rake in millions in bonuses: http://www.vawatchdogtoday.org/ Who is this a good deal for? Not for Veterans!

Jimme You need a "Veteran friendly" VA doc. You cant make your doc say something, just find one who will. Sometimes its not what you know, its who you know. Maybe this isnt fair, but it is the way it is: Some docs view Veterans in a better light than others, and are more likely to state something like, "Veterans......illlness is at least as likely as not Service connected".......or maybe something like..."Veterans............conditions prevent him from being able to maintain and sustain ganifull employment". This is the main way experienced workman comp, social security and VA disability lawyers work: They send their clients to the right doctors who know how to say the right things. Experienced lawyers know these things...they often have their "physician network" that they refer their clients to. I actually would like to see hadit expand to include lists of "Veteran friendly" docs..in many if not all cities. A big major law firm in my city even says they know which docs to send you to. If you dont want to pay a lawyer, go to your local VA hospital..talk to the Vets. Ask em if their doc is Veteran friendly... There is a Vet in my city who knows pretty much all the VA docs..he has been going there for 30 years...just ask him and he will tell you. I met him in a VA group counseling session. "

Susan Some of the same advice given to Veterans will also equally apply to widows. I think the VA is even more "widow unfriendly" than they are "Veteran unfriendly" based upon some of the posts I have read by Berta and other widows trying to get the benefits they deserve. 1. DO make copies and send every piece of evidence you send certified mail return receipt requested because you can just about count on the VA saying, "I didn't recieve your paperwork for that" 2. Appeal adverse decisions in a timely manner. The VA can take 10 or more years processing your claim, but if you miss the appeal deadline by one day, you are out in the cold. Every time. The US Supreme Court has agreed to hear a case on "equitable tolling" to extend the appeal period in some cases, but courts so far have consistently ruled they have no authority to extend the appeal deadline, even if the Veteran is in a coma for Service connected conditions. Its very unfair as there are legitimate circumstances when a Veteran can not meet the appeal deadline....sometimes the Veteran meets the deadline and the RO has even been known to "sit" on the appeal until the deadline passes!!! Perfecly legal, the VA says. This is why I call the VA "Veteran unfriendly". 3. Knowledge is power, and get good advice. Hadit is a good place to do this. Berta is, by far, the most knowledgeable person on VA widows benefits on the planet. Wings, Delta, and Hoppy, are all excellent reseachers also. Fanaticbooks is compiling a source of Training letters which is an excellent place to begin your research, because training letters are often in response to court cases teaching raters how to respond. http://www.hadit.com/forums/index.php?/forum/120-va-training-and-fast-letters/ You might want to start by reading these: 1. Substitution in the event of Veteans death: 2. Survivor benefits: I woulld scroll through those fast letters and see if any of those things apply to you.

The VA has many, many things that are unfair, and I agree, that the VA needs to be held accountable. There is an Inherent unfairness about the VA from the get go. Example: Why are claims not processed in the order received? Do "recent" Vets deserve their claims put ahead of Vietnam Vets? Why is it that some Vets have waited more than 10 years for benefits, while others get them in as little as six months? If you were waiting to talk to a person, dont they say that your call will be answered in the order received? Or do they have a priority list..press 1 for Iraq Veteran, 2 for Afghanastan, 3 for Korea, and if you are a Vietnam Vet, your claim wont be answered today, so try calling back another time. The VA has their own "police force"...the VAOIG. Our government was based on seperation of powers so that one dictator could not take over, with the Executive, Legislative, and Judicial branches having checks and balances over one another. So why did they forget that with the VA? The VA having its own VAOIG police force is like the president selecting his private "electoral college" to vote him in again for another term. I will say this. People in the VA are nervous when you "have" something on them. That is, when you know and have documetation that could cost one or more of them their retirement if their fraud is exposed. Remember tho, VA employees such as the "Shugga Momma" scandal got off scot free, story here: http://www.vawatchdog.org/10/nf10/nfjul10/nf072210-1.htm

Carlie is right. Some RO's are like a "Roach Motel"....Once your claim goes in there, it never comes out.

Well, I have not seen a BVA or CAVC decision where someone filed a "Cue" based on the same person rating the claim was the same one who did the DRO review, but yours could be the first. That would be "gross procedural error" IMHO. Altho it is not easy when you have to cut your own path (its much easier when someone else cut the path before you), in a legal sense, but I am thankful for Vets who DID persue those "odd ball" claims upon appeal, because many of us enjoy benefits because someone challenged the VA and won. Someone has to be the first to challenge the VA, or it never gets done, and they keep getting away with it. As Carlie pointed out, CUE only applies to final unappealed decisions, so you would be much better off to simply file a NOD and cite that as evidence, rather than waiting until the year passed and trying to squeeze out a CUE. JMHO

Congrats. If you are set up for direct deposit just keep checking your bank. Get a username password from your bank and you can check it online. If you want to try to figure out how much it will be, go here: http://www.vba.va.gov/bln/21/rates/comp01.htm Remember, if you are getting retro, you cant use this years rate for 4 years ago..you have to figure each year seperately. It is a good idea to check their math, if I recall Berta said they made a mistake on hers..and guess what..the error was not in her favor. I think she eventually got it corrected.