broncovet

DDJ Altho there is some difference of opinion on this, my take is that you need to file a NOD disputing the "deemed denial" of the other conditions. Here is what the VA does..(its one of their many "dirty tricks"). The Vet applies for conditions, and the RO decision only addresses one. The Vet thinks the RO will adjuticate the others, soon. Not so. These are "deemed denied", that is, denied without a decision, and your one year appeal clock starts ticking and if you dont appeal in a year, and then ask about those conditions, they can say, oh..u were denied, and now it is too late to appeal. Gotcha. If the decision says those conditions are deferred, that is a different animal. Source: Katrina Eagle, Veterans lawyer: http://groups.google.com/group/straight-ta...7eff1af99543d99

I also just got a SOC, and yes, it was a denial, where they are sending it to the BVA. I have never heard a SOC with an award.

Congratulations, and thanks for the encouraging PM.

PR I am with you. My son also is still waiting on his Ch. 35 Retro, and he filed a year ago this April, and, even tho he is getting current Ch. 35, he repeatedly gets jerked around on Ch. 35 Retro. First, they told him since he did not elect a date, that there would be no retro. He went to the school and they faxed them the proof that he did, in fact, elect an earlier date. Still no retro. It is excuse after excuse, month after month. I think the VA has squandered so much money, they dont have it. So they are trying to put people off until next budget, and I think they have been doing that for years. I wish I had better advice, but my son and I are being jerked around just like you.

The reason I say this is that there was a court case about a year ago that said, to the effect, that Veterans benefits are a legal right to which they are entitled by law. In other words the Va, if they deny you, has to give "reasons and basis" for the denial, and you have an absolute right to dispute their reasoning. The VA cant deny you by saying, "We are denying your claim because we dont like your attitude."

Berta..you are good. The Veteran in the case you cited not only had an inferred claim, but it was also referred to by the claimants representative. This supports the Vetrans "inferred claim" position. Veterans are not supposed to have to prove "a preponderance of evidence" but rather, be given the benefit of the doubt. In reality, we know that does not happen...that often we DO have to have a "Preponderance of Evidence" to prevail. By a "preponderance of evidence", I take that to mean evidence from multiple sources cooberating each other. Where a single piece of evidence, such as a doctors report should suffice, more often than not you need a doctors report, lay evidence, C and P exams, more doctors reports, IMO's etc.

I recommend submitting a "new claim" referencing the one already sent..even a new 21-526. They will probably eventually act on the new claim, and then you will have to file for an EED. Bottom line: The VA shredded the Veterans claim, and you will have to fight tooth and nail to get what is deserved. It will probably take a decade before it is finally resolved.

Altho I agree with Berta's interpretation "no medical rationale", the problem is not with the rules, it is with the fact the VA doesnt follwo them. And they wont, either, unless you force them by going through the appeals system.

"McDonald's House" also is a charity giving away money for things like this, too.

Judy, I think the VA's statement, "Your grant was based on "benefit of the doubt". However, when there are 2 conflicting medical opinions, resolution of the conflicting opinions should have been determined before benefits were granted. If in the future a resolution is requested, there could be a termination of your benefits depending on the outcome of the decision." (END OF VA DOCUMENT QUOTE).... Is a bluff. I am unaware of any "exclusion clauses" to benefit of the doubt rule. They are trying to threaten you to keep you from appealing, suggesting they gave you something, then can take it away. Reason I think so: On my 4th decision, which awarded benefits (lowballed), the decision said something similar. "Altho the medical evidences does not show that the Vetera meets all or most of the criteria described for.....liberally interpreted, supports a conclclusion that the Veterans symptoms warrant this evaluation." Altho I did not realize it at the time, now I am pretty sure it was a bluff because the VA cant flip flop and decide later not to "liberally interpret" the evidence. You see, I think the VA has a hard time going back on their decisions. If the Veteran says something, the VA never beleives him. However, once the VA says it, then you can always use their words against them. How can the VA dispute their own words?

Remember the VA is required to "liberally interpret" all the Veterans filings. By sending in the 21-4138, you are putting the VA on notice that you, in fact, intended to file an inferred claim on ......date, and the Va needs to liberally interpret it as a claim. You are filing in a "weasel hole" that the Va wants to weasel out of it.

Val The idea of the 21-4138 is to "lay the groundwork" for your eventual EED claim. In other words, you ask them what the status is on your (inferred claim). By doing so, you are "continiously prosecuting" your claim..the Va cant say you abandoned it. Further, you are also laying the groundwork for CUE. That is, you pretty much already know that the VA wont address your inferred claim, but you also know that they are required to do so. By sending in your 21-4138 asking them to address your inferred claim, you are "calling them on the carpet" legally so later when they say, "gee, I didnt know anything about your inferred claim", then your lawyer will have an answer...on ....date, the Veteran sent an letter inquiring as to the status of the claim. The VA had, at that point, an opportunity to dispute the inferred claim and did not do so. The lack of response to your 21-4138 is an admission by the VA that they are not disputing the inferred claim. If the VA "reaches into their bag of dirty tricks" to try to deny you, and you know they will, then you have created a loophole for you.

VAF There is no doubt in my mind that the VA will "look the other way" rather than addressing an inferred claim, and you wont get your benefits. Knowing this, this is what I suggest. Send a 21-4138 form and ask them the "status" of your claim made on .......date (the date you think the claim was inferred). (Of course, keep a copy...you know, certified mail return receipt requested.) They probably wont respond, or, if they do respond, it will be something like a denial to the effect there was no such claim on such and such a date. Persist...there idea is to get you to give up...dont. Ultimately what will happen, me thinks, is, assuming you have evidence for your claim, you will win it, but at a later date. Then appeal for an EED, based upon your inferred claim of......date. The RO, will deny you, and you will have to appeal. The VA fights you tooth and nail for every nickel. I think you will have a good chance at an EED upon appeal. JMHO.

Very well, I wont say a word..oops too late. These darn "untrained" and uneducated fingers of mine are to blame. Of course, it is not the fingers "management" that could possibly be the problem, according to the VA. Your post points out 2 disturbing facts: 1. The BVA is pressuring the medical examiner to give evidence to deny. Very disturbing, and quite contrary to the "favor the Veteran" "non adversarial" nature of the VA claims system. 2. It is clear this is a "spanking" to the claims examiner, telling him to do this all the time, if he wants to keep his job. It demonstrates that claims examiners are being manipulated by the VA to save money at the expense of Veterans. Further, I see this claims examiner copying this letter and giving it to his coworkers, explaining if they want to keep their job, they need to give evidence to deny. Of course, the VA knows this will "spread" and all C and P examiners can and will do the same. The VA's motto, is "Saving money at the expense of Veterans in order to preserve VA executive bonuses, and lucrative contractor contracts."

While I agree that Keith Roberts got a very bad deal, I would dispute that this is entirely the fault of a Republican Administration, noting this harrassment of this Veteran by the court system continues today, and, last I checked our administration is hardly dominated by Republicans. Blaming a political party for the VA's corruption and ineptitude ensures that evil like this will continue unabated. This is not a new wrinkle on the VA's long standing policy that if you can't fix the problem, at least fix the blame. This is a classic case of "blame the guy who is gone" because he wont be able to dispute it. The tragedy is that this Veteran is the victim in this manipulative/blame game of VA and other government agencies management.

I recommend you view this email with "cautious optimism". At least one part is good..they cant say they did not receive your "advance on the docket due to illness" form. However, I certainly agree with the others who have said, "You cannot trust what they say in IRIS emails." There is even some chance they really did expidite your claim, but dont hold your breath. A well known Veterans Advocate recommends never calling the 800 number or never sending an IRIS email, in part, because you cant trust what they say anyway. Bottom Line: The IRIS email is meaningless. However, if you want to use it to "feel better" that your claim is being worked, then by all means do so.

PR and Still here are right. You get a waiver on the first 10,000 of coverage BUT YOU HAVE TO ASK FOR THE WAIVER. You may be paying for it because you havent asked. The VA pays 0 benefits until/unless you apply. The supplemental insurance, (above the first 10,000) is not eligible for a disability waiver of premiums. It sounds to me like $113 is the premium for both, but you may actually have $30,000 coverage...$10,000 paid by the VA waiver of premium for disability and another $20,000 suplement to that that you have to pay for. The premium varies with your age and the type of coverage. The VA offers different policies. The difference is how fast the cash build up occurs, since this is whole life insurance and builds up a cash value with time. More expensive policies build up cash faster than cheaper ones. When the VA is paying for it, I suggest you get the most expensive possible. That is, if the VA is buying you a diamond ring and they offer you a 1/8 carrot stone, or a 4 carrot rock, which one would you rather have?

Thanks Berta and Wings. I will add that it applies to TDIU as well. So, if you are 100% Pand T (Including IU) DONT PAY YOUR STUDENT LOANS, but apply for a disability discharge of the loan instead. You will be missing out on benefits. Student loan forgiveness should be added to the list of benefits for 100% P and T Veterans.

Hollywood dnc Excellent post, good information. Its good enough I think you should start a new post with a title about "VA's Shocking Admission". One of the reasons is that if you did and someone searched for VA shocking admission, through google, it would likely come up.

Berta... There has been a change in the law, and a 100% disabled Veteran no longer has to have a doc's signature on a student loan forgiveness form. He needs to send a copy of the VA letter awarding 100% P and T, and that should do the trick, and get the student loan paid. Here is the link: http://ifap.ed.gov/disabilitydischarge/va.html

Hedgey I havent put those percentages in a benefit calculator to know what the combined rating is, but it sounds like it at least 90% combined. May I ask as to what is a "DH"? It sounds like his injuries are definately in the severe category, and there is a "SMC" ratings for loss of use of a hand or a foot, which would add to the benefits. Also, I dont know if he is working or not, but if he is not, then you should ask for, and probably eventually get TDIU. It is a "no brainer" that you need to file a Notice of Disagreement. ...if he is at 100% combined, then NOD based on that he deserves SMC and an Earlier effective date. I think that when he went to the VA to get treatment for 3rd degree burns from Service connected conditions, that would be an informal claim for increase, effective the date of the examination. The potential Retro for that many years is enormous, probably in 6 figures, so proceed carefully and methodically so this Vet can get what he deserves.

The DEA is even more of a mess than C and P, if that is possible. You see, Veterans seeking compensation and Pension have been told by dozens of VSO's to expect your claim to take 4 years or more. However, we formerly believed that DEA could get our paper work done in 3 or 4 months, until Secretary Shinseki took over and decided that the VA can get still more money by making DEA beneficiaries wait on their money, just like C and P Veterans. You see, the VA CHARGES interest to a Veteran who buys their home on a VA loan, then borrows that money, interest free, from another Veteran who is waiting on Comp and Pension or DEA benefits. By doing this over and over again, millions of times, the VA collects billions of interest dollars at Veterans expense. They dont care if it makes you homeless waiting for your money....as long as they collect their interest, and they do, every time. Remember this, whenever the VA delays your claim, on purpose, they are making another Veteran pay interest on his VA home loan..and Shinseki laughs all the way to the bank.

Thank you for coming to the aid of one of our own. I dont have facebook, so I will take your word for it...if you are a Vet, and you served, you deserve to be honored and trusted, in my book, at least until/unless you prove yourself untrustworthy. If you really want to help, maybe you can set up a fund thru your local bank and leave us a link to donate, and maybe contact the media. The only issue I have with it, is that I am not sure Rickie should be going to a VA hospital because I dont even know if they will clean their equipment before they do surgery on him or not, according to what I have read. The VA is not good at training those people who clean that equipment. More here: http://www.vawatchdog.org/vaoigreports.htm Better look through this list and try to send him to a VA hospital that isnt on the report. However, just because they are not on the VAOIG's "bad VA hospital" list, does not mean they are a "good VA hospital".....it probably means the VAOIG has not had time to inspect them yet. If your friend has social security disability, I think he has, or is eligible for medicaid, so he wont need to take his chances at a VA hospital, trying to find a good one.

I agree with Skunk, and find it ironic he was one of the first to smell a rat. Why is our "new open and transparent government" meeting on Sunday when almost all government offices are closed so we citizens have no input to vote on probably the most important piece of legislation of our lifetime? If Americans vote whether or not to raise their taxes $50 per year for libraries, for example, what would be wrong with putting this issue on the ballot? Oh..yes, I guess they saw the Fox News Poll, showing that the health care reform bill has no chance of passing the American People. Here it is: http://www.foxnews.com/politics/2010/03/18...th-care-reform/

According to this article, Medicare patients are much more likely to get cataract surgery than Veterans: http://www.medicalnewstoday.com/articles/182919.php Assuming this article is true, in at least some ways, Veterans would be better off if the new health care plan DID "take over" and eliminate VA medical care. Of course, then there would be no advantage in being a Veteran. That is, there would be no such thing as a "Veteran's benefit" in health care. Right now, given the sad state of many VA hospitals, such as the colonoscopy scandals, it seems that it is a "Veterans disadvantage" rather than a Veterans benefit.