broncovet

Yes. I think this "over 250k, over 8 year" rule unfairly discriminates against Veterans who have already been put through the ringer by the VA for a decade. Havent they had enough? I dispute that this regulation will somehow prevent employee fraud, where the VA employee turns in a fraudulent claim for his Veteran Uncle that died 10 years ago. Instead of preventing fraud, this regulation guarntees that there will be fraud. All the fraud perpertrator needs to do is to file claims, that wont be audited, below the set minimum. That is, if only 8 year 250k retro claims are "accuracy checked", then the fraudulent employee simply submits 9 year, 200k retro awards and avoids fraud detection all together. It is like saying, "We wont prosecute anyone who robs banks unless they steal more than $250,000". I am not a robber, but that almost yells to rob banks of $200,000" All claims, of any size, including denials, (or a random percentage) need to be accuracy checked, not just the 250k 8 year retros. Gee, and the VA wonders why there is so much fraud...it really does not take a rocket scientist to figure this out.

Navydoc You should ask for EVERY benefit you feel entitled to at the earliest possible time you feel you are eligible. No, I am not suggesting you put in bogus claims..that your runny nose caused by your allegies to your dog, was somehow service connected. But, By waiting, you are hurting your own effective date. I think that the VA LOVES to make Veterans think that they can only work on ONE benefit at a time. That is, if you have PTSD, lost a leg, broke your back, you should apply for each one seperately and wait patiently until the first one you applied for is approved. You will be costing yourself money, that you deserve that way. If you have 3 conditions you feel are service connected, by all means apply for them all at once, even tho it will be a little more work for the rating specialist to consider all three, than to consider only one. Another "trick" the VA often does is to only consider one condition, then shred the evidence of the other two, so that their numbers look like they got more work done than they really did. The rating specialists are getting paid to serve Veterans needs..it is not the responsibility of the Veteran to make sure that rating specialists have an easy job, tho, by dotting all your i's and crossing all your T's you may well save yourself some of the VA's paperwork delays. Suit yourself, but if you want to throw money away, I would suggest you go for your full benefits and donate some of it to hadit, so that other Veterans can be helped also. (You know what...I dont even know if hadit takes donations, I just kind of assumed they do. Maybe someone who does know can chime in here)

Even thou I can not recall where I read this, I am re telling this story from memory. I may have not gotten all the details correct, but I think I got enough of them right that it could have happened in any school in America. I think that this is a very good teacher, and that maybe some Americans should have taken their classes from her, as maybe they would have a better attitude about our Veterans who have given so much for us.

The 30 new second graders thought they must be in the wrong room, as the classroom was complete except for the desks, all of which were missing. They hung around, waiting for the teacher to take them to a different room so they could sit down in their desks. When the teacher arrived, she asked if there were any questions. One student raised his hand and asked, "Where are the desks" "Good Question", the teacher responded, "that brings me to your first assignment, which is to answer this Question: What will you do to deserve your desks?" A hand went up, and the child responded, "If we promise to behave and do our homework, would we deserve our desks?" "No. You WILL behave and do your homework in my class, regardless, but that is not why you DESERVE these desks as many kids in foreign countries are really eager to learn and they dont have desks..many do not even have pencils or Paper." Still another hand goes up. "How about if my parents pay their taxes on time, would we deserve our desks then?" "Your parents are still going to have to pay their taxes, and if they are late, pay the penalties, so that is not it either. Anybody Else?" The class spent the whole hour trying to figure out why they deserved their desks, and could not. The teacher asked them to think harder and to return tomorrow. By the time tomorrow came some of the parents were there trying to figure out why this teacher would not give the kids their desks. One student, speaking for the others spoke, "Teacher, we give up. We didnt do anything to deserve our desks." "You are right. You didn't, but these Veterans did earn your desks, because they served our country and fought for your rights to an education, and the other freedoms we enjoy. Now dont you ever forget to honor your Veterans." (30 US Military Veterans, in uniform, enter the room carrying the students desks. One of these Veterans was carrying two desks, and one was pushing a desk in his wheel chair. "Why are you carrying TWO desks?" The Veteran replied, "The other desk is for my brother who didnt make it back from the war. He earned this desk, so I am bringing it here for him."

Good Post Alan Since the VA could not get us to believe that Shineski can reduce the backlog, now they are trying to get us to beleive that he Did reduce the backlog while it has actually grown about 16% under his watch. It reminds me of the Funniest Home Video clip about the kid, caught red handed stealing cookies out of the cookie jar who started crying and shouted, "I didnt do it!" before he was even asked. According to the numbers I beleive, there are about 4 times as many Veterans currently waiting on the VA to process their benefits NOW (about 1 million) than there are the TOTAL number of 100% disabled Veterans. (About 250,000). In other words, the VA waiting list is about TWICE as long as ALL the LIVING Disabled Vets, Plus ALL the Living IU Vets, combined. Thats some more "VA fuzzy math" the VA wants us to beleive.

Number of Veterans Receiving VA Disability Compensation (as of 06/30/09): 3.03 M Number of Veterans Rated 100% Disabled (as of 06/30/09): 273,300 Number of Veterans Receiving VA Pension (as of 06/30/09): 312,669 Number of Spouses Receiving DIC (as of 06/30/09): 323,189 Number of Total Enrollees in VA Health Care System (FY 08): 7.84 M 1 Number of Total Unique Patients Treated (FY 08): 5.58 M 1 Number of Veterans Compensated for PTSD (as of 06/30/09): 354,326 Number of Veterans in Receipt of IU Benefits (as of 06/30/09): 256,879 Number of VA Education Beneficiaries (as of 09/30/08): 541,439 Number of Life Insurance Policies Supervised and Administered by VA (as of 06/30/09): 7.21 M Face Amount of Insurance Policies Supervised and Administered by VA (as of 06/30/09): 1.32 T Number of VA Voc Rehab (Chapter 31) Trainees (FY 08): 55,059 Number of Active VA Home Loan Participants (as of 08/03/09): 1.28 M Number of Health Care Professionals Rotating Through VA (FY 08): 109,882 Number of OEF/OIF Amputees (as of 7/31/09): 913 2 About VA Number of VA Employees: 292,453 Number of VA Medical Centers: 153 Number of VA Community-Based Outpatient Clinics (CBOC): 768 Number of VA Vet Centers: 232 Number of VBA Regional Offices: 57 Number of VA National Cemeteries: 128 FY07 Appropriations (enacted)1 VA: $82.0B4 VHA: $36.2B 2 VBA-GOE: $1.25B 3 NCA: $161M FY08 Appropriations (enacted)1 VA: $90.5B5 VHA: $39.6B 2 VBA-GOE: $1.43B 3 NCA: $195M FY09 Appropriations (enacted)1 VA: $98.7B VHA: $44.5B 2 VBA-GOE: $1.62B 3 NCA: $280M Produced by the National Center for Veterans Analysis and Statistics (008A3) Source: Veteran Population as of 09/30/08; VA Employ Pay Status Count 06/30/09; Veterans Affairs Site Tracking (VAST) 03/31/09; NCA as of 01/09/09; Office of Budget; Health Services Training Report FY08 ; 1 Includes MCCF; 2 Medical Care w/ MCCF and medical research; 3 Discretionary Spending Only; 4 Includes $1.8B in funding for public law 110-28, emergency supplemental, 5 Includes $3.7B in emergency funding Veterans Demographics Projected U.S. Veterans Population: 23,442,000 {Female 1,802,000 8%} Projected Number of Living WW II Veterans (as of 9/30/2008): 2,583,000 Number of WW II Veterans Pass Away Per Day: 900 Percentage of Veteran Population 65 or Older: 39.4% Veteran Population by Race: White 79.7% Black 11.1% Asian/Pacific Islander 1.4% Hispanic 5.7% American Indian/Alaska Natives 0.8% Other 1.3%

Philip Rogers.. This "no cola" thing is not just a one year thing..it is looking like we wont get a raise for 2 years, and if they get away with that, why not 3, 5, or ten years? I dont think you have a full understanding about inflation. When I was a boy, a guy came to my home and he was talking to my father about doing an insurance type investment that would mean that my father would get $100 per month to retire on! Can you imagine all you could do with a hundred bucks a month? Gas was probably about 15 cents a gallon. Sure 3500 per month sounds like a lot to you now. But just give a few years of inflation and zero cola, and see how much it goes. Its probably not going to be that long until your heat bill will be 3500 per month. When I was in school, we paid 20 cents for lunch. Thats right, change back from a quarter, for a complete lunch. Yesterday, I went to the VA lunchroom for lunch..I got two pieces of chicken, two vegetables, and a drink for $8.20 That means that prices went up about 40times in about 50 years. So you think you got it made on 3500 and dont need a cola..well you just wait! My brother retired about 15 years ago and offered this advice: Figure out how much you need for retirement, then multipy it times ten, and it will be about right.

Judy... Again I am just thinking aloud, but I would exercise caution in taking this Amvets advice, for this reason. Go ahead and do what they suggested..file for an EED instead of an appeal. However, keep a mental note that if they dont have you approved within 11months and 3 weeks after you got your decision, go ahead and file a timely filed NOD to make sure it gets to them before 1 year after your decision to keep your NOD alive. Hit em with both barrels, but dont give up your gun!

For more on the "fast letter" and the shredder scandal go to : http://www.vawatchdog.org/09/nf09/nfmar09/nf031509-3.htm In a nutshell you have until Nov. 17,2009 to send a letter to the VA that you have been a victim of shredding, and the VA has to accept your evidence. Dont wait past the deadline. Get it there by Nov. 17, dont mail it Nov. 17, and send it certified mail return receipt requested.

Altho I am all for the military getting a raise, I can not see how they can say active duty gets it, while Veterans do not. Inflation impacts Vets and active duty alike. To me, they are saying...well the government lied about there being no inflation..we had to tell that to the Vets and social security, but now we (the government) is telling the military the rate of inflation is 3.4%. Is the government suggesting that military pay was too low, but Veterans compensation was not too low? On one hand they tell us inflation is zero, on the other hand they tell us it is 3.4%. I dont know about you guys, but that seems like a double standard to me..giving the military a pay raise and excluding Vetrans. While some are pointing out the differences between a Cola and the military pay raise..the bottom line is that the military gets more money and we dont. I feel "stiffed"...again.

I hope that Carlie is not right, that thousands of us writing to our congressperson wont do any good, because that would mean that our government has truly broken down, and that "Of the people, By the people, and For the People" is just another broken campaign promise. I say we try it and find out.

Here it is: http://www.military.com/benefits/military-...s?ESRC=navy-a.n The military says that military deserves a pay raise, and I agree, but says on the other hand, Veterans get zero. The VA squandering of our money is bad enough, an increase was given to the VA by congress sufficient for a pay raise, but VA executives decided to keep this money for themselves and award each other bonuses instead.

I am very glad you are an optimist, Pete. Congress has trusted the VA to do the right thing, and the VA has let them (and Vetrans) down so many times, that many people think the VA is "out of chances". I personally think that some of the 312 VA executives are "bad apples" and that some pruning is necessary. Source: Va watchdog.org Frankly, once the VA got the huge budget increase, and decided that Veterans get not one red cent of Cola, while the military is getting a Cola, proved to me, without a doubt, that the VA is telling the congress one thing, and Veterans quite another. There is a disconnet there somewhere at the VA, where the budget gets an increase and some of this should go to Vets, but it simply is not going to Vets, it is being squandered on failed IT projects, awarded to executive bonuses, but nothing for Vets. The military Cola is here: http://www.military.com/benefits/military-...s?ESRC=navy-a.n Why is it that the military says there is 2.9% or 3. 4% inflation, while Veterans and senior citizens they say it is zero.

Jayq If you are convinced evidence has been shredded or altered, then you need to go another route, IMHO. File a "Special Handling Request" (SHR) due to shredded/mishandled evidence, and do so BEFORE NOV 19, 2009. IN your SHR, point out exactly what evidence was not considered, and send in copies of the original docs exam (You can get that at your VAMC, usually fairly quickly..at my VAMC, I can pretty much get a copy of a medical exam in 2 hours or less). If you dont get a response from your SHR, file a complaint with the VAOIG, alleging your SHR was also shredded as there was no response from the VARO. I found the above more effective than a writ, and I have done both. Reason: The VA is super embarrassed both politically and with the media, thanks to Larry Scott, about the shredder incidents, and they want it to go away pretty bad. I think it is possible that if the national media got hold of this incident at the right time, it would drastically hurt Obama's chances at reelection. This is the reason they want it to go away quietly.

Also a writ is used when other remedies have failed. In other words if you could have appealed through the BVA instead, then you should do that, and not file a writ. A writ may be appropriate when the VA "bounces" your claim back from the BVA to the AMC to the RO, back to the BVA, etc., and you never get a successful resolution, you just get put on the hamspter wheel for 10 years. I filed a writ, and I found out the court pretty much rubber stamps them "denied". However, the court makes the RO respond to the writ. Their response can be very valuable in future appeals, and sends out a message that you are not going to be crapped on anymore. As someone once said, "Its the squeaky wheel that gets the grease". If you are a quiet, never complain, kind of a guy who does not/ will not file a NOD, then the benefits you deserve will likely go to someone who stands up and "squeaks" for his rights. It is an unfair system. A Veteran with severe SC disabilities applies, is denied, and does not appeal wont get anywhere. However, a Veteran, even with lesser disabilities, who applies, is denied, appeals, is denied again, appeals again, is denied again and appeals again is much more likely to win benefits. It is the Va method of rationing benefits. Veterans benefits are not awarded on the basis of how severe your disability is, but rather on your determiniation and unwillingness to give up.

Allan I might add that a Veterans writ of manadamus is filed by the Veteran or his representative before the Court of Vetrans Claims (CAVC). Additionally, it is recommended that Veterans file an "Intent to file a writ" prior to actually filing the writ. The logic here is that, once the intent to file a writ is given, the RO is put on notice that the Veteran is not putting up with it anymore, and gives the RO an opportunity to resolve the issue OUTSIDE of the Court. It is sort of like a bill collector suing you when he never even sent you a bill. If you never were sent a bill, how are you supposed to even know the money is owed? The bill collector is required to give the guy who owes the money ample opportunity to pay the bill and resolve the issue, and not to use the court as a collection agency until/unless the bill payer refuses to pay. If every bill went through the court system, can you see how it would clog it up and make it impossible for others? In a similar way, you need to give the RO one final opportunity to resolve your issue, before you file a writ. If you dont, it will "weaken" your writ.

This is only good for Veterans if you believe that the VA is here to do good for Veterans. Unfortunately, they are here to do good for themselves. VA executive bonuses will go up, but Cola for Veterans...zero percent. There is just too much squandered money, without accountablilty, for the Veteran to have any of the leftovers after VA executives have taken their share. Sorry, but there is a "disconnect" somewhere between the VA getting money, and Veterans getting any. I just dont see how this is good for Veterans. Its only good for politicians and VA executives.

Larry... Oh it is good news..but for who...for the judges that get a promotion, it means more money for them. And, it is good news for Shinseki, as it is a feather he can put in his cap. But, when it comes to Veterans, well, so far, it hasnt been so good. Millions of dollars squandered, big bonuses for executives, zero Cola for Veterans. Yea..we are supposed to look at the future, and so far it the score is Executives..27 million, Veterans 0. If this is only half time, then I am not sure I want to be around for the final score.

I would not count on that doing any good. They were supposed to hire hundreds more VA raters, they did, and the claims backlog increased 16% on Shinsekis watch, so I dont expect that hiring more judges will do any good either. This is just a political ploy so they can say, "Well we tried to reduce the backlog including the backlog of appeals..we even hired more judges." They will always use the war(s) as an excuse. Right now, my VA med center uses as an excuse the bad economy..that is why they have bad health care. The claims backlog, as well as the appeals backlog will increase, because that small number of judges wont help. It is spin just like the Secretary offering "emergency assistance" to Vets seeking education assistance. Where is the "emergency assistance" money for th 1,000,000 backlogged claims. I dont mean to sound so negative, but I have heard too many of VA promises to beleive them anymore. It is still one more "failed program", added to the list..failed IT projects, failed Post 9-11 Education claims, failed by shredding claims, failed at cleaning coloscopy equipment, etc, etc. The VA makes mistakes and Veterans are always asked to pay the penalty.

Larry is right, tho, for me I got it "catch 22" with life insurance. Here is how it works. The VA rarely gives you "full pop" (100%) from the get go, but does it in stages..zero percent, then 30% and finally 100%. So, I got 40%..which is only about $500 bucks a month due to VA's fuzzy math. (40% of 2823 = $1129, but with VA's fuzzy math its less than half of that.) I got my free life insurance, but could not afford the kind you pay for cuz its rough to live on $500 per month. So, when I finally got my 100%, I cant get the extra 20k because you have to do it within a year, and increase in rating does not count as a new rating. Its catch 22.

I saw some statistics one time that said that more than 80% of Vets claims are denied the first time. I dont think I am misquoting Linda Blimes who basically said that most Veterans who apply for benefits will eventually be awarded them. The question is, of course, is why are Veterans made to go through a multi year appeal process to get benefits they deserve? I would say your odds of being approved on the first go around, within a year, are maybe 20 out of 100. If you persist through 10 years of appeals, I would say your odds improve to 70%.

I agree with timetowinarace. Maybe we Veterans should get in a line..or if we are too sick to stand in line, ask someone else to "stand in line" for us. America needs to know there are a million Veterans currently being screwed around by the VA making them wait on paperwork.

Joeyjoey There are some key words rating specialists look for that your doc says. The good ones are: 1. Joey's sleep apnea is most likely caused by military service. 2. Joey's sleep apnea is "at least as likely as not" caused by military service. 3. Joeys sleep apneay was caused by military service. The bad ones are: 1. Joeys sleep apnea is unrelated to military service. 2. Joeys slepp apnea is less likely than not related to military service. 3. Joeys sleep apnea is probably unrelated to military service. 4. The cause of Joeys sleep apnea is unknown. 5. Nothing. The doc doesnt say what it is caused from.

Dark horse The issue is not unemployability. The issue is homelessness, and the fact is that a Veteran who's claim has been approved and he is receiving benefits, is less likely to be homeless than a Veteran who has a similar disability but is still waiting for the VA and has insufficient income to maintain a household. VA benefits could well be the difference between having money for rent or not, regardless if the Veteran is working or not.

Judy Altho I am just thinking aloud here, I am thinking a "double barreled" attack may produce the best results for you. 1. Attack the most recent decision based on a timely filed NOD for an eed. 2. Attack the lowering of your husbands rating based upon CUE, because it is more than one year old. By "hitting em with both barrels of a double barrel shotgun" you got a bigger pattern and are more likely to stop em. Reason: While attack #1, may well succeed, if it does not you use Attack number 2 (CUE the earlier reduction). By lumping them together, it could save you time. Example: You file a NOD, it takes four years, they say no. Then you file a CUE attack. It is gonna take still more time. By firing both barrels at once, it could reduce the time till you get your money by a couple years. You might even get lucky here. For example, in your NOD if you casually mention the old decision reducing your hubbies rating is a "Clear Error", you just might not get the VA to fight you on it, that is, the VA may never "notice" your CUE claim on the earlier decision, and may never address your CUE claim. If you did loose at the BVA ,then you could file at the CAVC saying they ignored your CUE claim. The VA deserves to get nailed for ignoring our claims, and our appeals. You could well argue that you DID file a CUE claim, stating the earlier decision was a "Clear Error". If the VA does not "notice" your CUE claim, then you can cite this decision: Moody vs Principii: In Roberson we held that the VA has a duty to “fully and sympathetically develop a veteran’s claim to its optimum,” 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998)), and that this requires the VA to “determine all potential claims raised by the evidence, applying all relevant laws and regulations.” Id. The Court of Appeals for Veterans Claims held that Roberson did not apply here because it “identified a narrow factual scenario which sufficiently raises an informal claim for TDIU within the meaning of 38 C.F.R. § 3.155(a)” and “there is no indication that the facts of this case coincide with those of Roberson.” Moody, slip op. at 3-4. However, this distinction disregards the broader holding of Roberson. As we recently confirmed in Szemraj, “Roberson requires . . . that the VA give a sympathetic reading to the veteran’s filings by ‘determin[ing] all potential claims raised by the evidence, applying all relevant laws and regulations.’” 357 F.3d at 1373 (quoting Roberson, 251 F.3d at 1384) (alteration in original). This duty applies “with respect to all pro se pleadings” before the VA. Id.