broncovet

I agree with Purple. If John Q. Public wants to really know what is going on at the VA, read www.vawatchdog.org

Pigdriver 14 months is mostly a "pipe dream" only a little bit better than what the VA claims processing time is..they say 6 months. Most of the Veterans on this board who received benefits have taken an average of about a minimum of 5 years. Thats about 2 years to apply and another 2 years for appeal, and a year for the VARO to implement the appeal. Mine took seven years, and now I am appealing the effective date. Its back on the hampster wheel again. I have a friend who applied in 1973 and he still has not gotten his benefits..36 years. According to hadit members there are claims in the VA system that have exceeded 36 years. The people who told you 14 months are being a little more honest than the VA, but not much. Far less than 50% of the claims are approved "full pop" on first try and require appeals. And the BVA takes about 2 years, so your chances of being awarded benefits in 14 months are LESS than 50%..I would guess you only have about a one chance in 10 (10%) chance of actually being awarded your full benefits in 14 months. Here is my "odds chart" that I have gleaned from hadit memebers. Its a guess, but more accurate than the VA. Odds of being awarded benefits (including appeal time, if applicable) in 6 months or less...5% or less 1 year 10% 2 years 20% 3 years 40% 5 years 50% 6-10 years 60% 10-30 years + 70% Remember, many Veterans die or give up first. These numbers only apply to Veterans who 1) apply for benefits 2) do not give up and 3) do not die waiting for benefits. Many in the last two categories have to appeal multiple times.

If I was banned from VBN, I have some good company. A few examples, not that I really am in the class of any of these: 1. One student was told he could not learn math...and flunked out. His name was Albert Einstein. 2. Another student wrote a business plan..his teacher, at an Ivy league college, gave him an F. He went on, persued the business plan anyway, and founded Federal Express. 3. Still another student dropped out or flunked out of his college. So this student was "self taught" at the library. Later, this "student" decided to help libraries and gave many of them computers. He did fairly well for a drop out..his name is Bill Gates and he is the wealthiest man in the world. 4. One record company had a new band apply at his company. They had a new style of music. The record company rejected them. He just did not think this new group, called the "Beetles" would ever take off. 5. A new basketball player failed to make his high school basketball team. This failure motivated him to get better. Perhaps you have heard of him. His name is Micahel Jordan, and is perhaps the best basketball player in history.

I am not too worried about being banned from VBN...after all, the Bible was banned from schools, so I am not really that worried about it. I am not even sure if I was banned, or just forgot my password.

John Wow! Im glad you told me that! I got banned from VBN also. I got on there and suggested they pay rating specialists paychecks in a similar time frame that they pay Veterans compensation! They got mad, told me how hard work it is to work for the VA, and how if they paid rating specialists in a similar time frame to how they pay Veterans, that is, make them wait months or years for their compensation, that all the good VA employees would quit. I said that it was totally unfair that VA employees get paid in a matter of days or weeks, but expect Veterans to wait years for their compensation. I got banned! I still think that employees paychecks should be directly linked to how fast they get out Veterans compensation. I think there should be a backlog of VA employees pay before there is a backlog of Veterans compensation!

I heard that the VA forbids employees from going to www.vawatchdog.org on company time. However, this facebook website of the VA's seems much worse than watchdog, at least watchdog is honest! I wonder why Va employees have time to mess with facebook...unless the VA considers this site "official propoganda".

I think this case is a tremendous victory for Veterans. However, I am not sure this case is precedential, but it should be. The essence here is that the Va lost the records then, when the records were "found" the effective date was found to be in error. It looks like the VA has been mishandling Veterans records back to 1949, and not "just" since October, 2008, like the VA claims.

I am not suggesting "flooding claims without merit"..to the contrary. I am assuming Carlie's claim is worthy..and with Merit...the only issue is the degree..that is the percentage disability. I also know the VA has a lot of "leeway" and makes a judgement call on the disability rating percentanges. Often it is determined that the VA lowballed the Veteran..that is awarded a lower percentage than what the law allows. Here is a hypothetical example. EX 1. Lets say 10 doctors all agree that you are 50% disabled. You ask the VA for a 10% disability. What level do you think you will be rated at? I will bet dollars to donut holes you will be rated at 10% or even less..and, further, you will have a difficult time getting more upon appeal, as your own low number will be used against you. Ex 2. Lets say you get 2 C and P exams. Doc B's support 20%, and Doc C's support 50%. The Veteran requests 10%. What happens? Again, the Veteran will unlikely get more than he deserves, and is more likely to get less than what he deserves. This Veteran medical evidence supports 20% + , but he probably will only get 10% because that is all he asked for. Ex. 3. Veteran asks for 50%, but Doctor A findings support a 10% rating and Doctor B supports a 20% rating, Dr. C suggests 50%. RO grants 10 %, citing Dr. A. Veteran appeals, asking for increased rating, citing Dr. C's report. As above, The example 3 Veteran is more likely to get a higher rating. If the Veteran himself does not think he deserves 50%, why would the BVA think any different? However, if the Vetran thinks he is entitled to 50%, and at least one doctor concurs, he is more likely to get the higher rating. You guys do as you please. I am going to do my best NOT to limit my own percentage. I want to get the highest percentage the law will allow. As Richard Bach once said, "Argue for your limitations, and they are yours"

I stumbled across the VA's facebook account. Since, from the little I read, there were no negative things there, I assume this account is hidden from Veterans. Maybe some hadit members should provide our comments, instead of the flag waiving VA praising comments the VA wants the public to believe. Its here: http://www.facebook.com/VeteransHealth

Cowgirl... Thanks..sometimes I needed to hear that I am a good Dad. Allowing him to go to Iraq without the proper gear sometimes makes me wonder. Clark... Thank you also for your generous offer. I am going to order his gear and send it to him. It isnt about the money, it is about that I cant beleive our Army sends troops that are not prepared. If he does not have an ammo belt, what else does he not have, a weapon? I just wish I knew a good Army website to get official gear. I dont want to send him "play stuff" which could fail in combat. All This "young Vet" is not going to get left behind on this desert trail if I have anything to say about it! I am so disturbed about this, I am considering going to the media. What do you guys think?

Many thanks to all of you who responded. My son called me today. He is ok, and eats in the same chow hall as the men who got killed. He asked me to try to get him an ammo belt that holds an M203 shell. I am very, very disturbed that he can not get the gear he needs for combat. He is in the infantry. I am going to try to locate this ammo belt, it was not available here at the local military base. Why is it that we have $24 million to pay in bonuses for VA employees who delay Vetrans claims, but dont have the money to make sure our troops are equipped with the gear they need? I am livid that he is out there, in a combat situation, without the proper gear he needs. When it is your kid, its worse than when it was when I was in the military personally.

I have a son who just got to Iraq about 3 weeks ago. I think he is way, way, way, to green to be in the war. He just joined the Army in October, and now he is in Iraq. This is the email I got this morning: "Yesterday, 2 September 2009, our brigade suffered two deaths as a result of a non-hostile accident. This accident involved the battalion to which your loved one is assigned. Each Soldier's Next of Kin has been notified, and we expect public release of the Soldiers' names to follow soon. We are actively planning a memorial service in coordination with the forward command. As details are confirmed, we will provide you additional information. I will also provide you a copy of the official news release when it is released by the Department of Defense. Our thoughts and prayers are with you at this difficult time." If "next of kin" has been notified, then I guess that is not my son, as I have not been notified. Still, I am pretty stressed about this. I am not blaming the messenger. I have both a son and a son in law in Iraq right now.

Berta.. What is an "EP book" that you mentioned in an earlier post? You were discussing "deliberate denials" with no basis in fact in order to "pad the EP book" for the RO bonuses. I think you are on to something there. In my case, my audiologist opined, "Veterans hearing loss is most likely due to noise exposure during incurred during military service" The RO denied SC for hearing loss anyway, contrary to this probative evidence. It was overturned upon appeal, but that took years. While waiting for this appeal, my home was foreclosed upon. While I was did get some justice upon appeal, I can never get back my home, and, worse, my family. (The wife left, in no small part, because I was broke and unable to maintain substantial gainfull employment)

Sometimes I think with the VA it is better to ask for more than what you want, then "settle" for what they give you. In other words, dont ask for 10%..ask for 50%. Ask for much more. Car sales people used to call it "scrape them off the ceiling" technique. Here is how it works. You want to sell the car for $15,000..and the dealer has $4000 invested in the car. So, the dealer comes back with a price. They tell you you can have the car for $1200 per month. TWELVE HUNDred! That is more than my house payment! I cant afford that! I have to stay under $500 per month. If we could get u the car for under 500 month, would u drive it home today? Sure (thinking they would never go down that much) Congratulations..we worked it out..you bought the car. By putting an enomourous number in your head, then when you go back to a more reasonable number, $500 per month doesnt sounds so bad. However, if you are thinking $200 per month, then $500 is the enormous number. By throwing out the $1200 number, $500 now sounds reasonable. In the same way, if you ask the VA for 50, or even 80%, then let them tell you that 20% is the highest they will give you. I never suggest you lie..ever..just remember to ASK BIG! You have to factor in what George Castanza called "shrinkage".

I agree with Carlie, assuming she is quoting the reg correctly, that is, the one about recognizing painful joints at least the minimum compensable rating. IMHO 10% is the minimum compensable..anything below that is non compensable. I would point out that if she NOD the decision, I dont think she needs to meet the "CUE" standard..and can rely on the lower non Cue standard. Even if you filed a NOD and Did NOT list that as an issue in a NOD, the regulations say that the VA HAS to ask the Veteran for clarification in the event the issues of a NOD are unclear. IMHO unless the VA sent you a letter asking for clarification of the issues in the NOD, then YOU (the Veteran) can "clarify" the NOD any time you want even by adding an issue to the NOD. I saw this as I recently got a SOC..the SOC did not include all issues! So, I sent my explanation to the SOC (form 9) and clarified that I had filed for 2 issues, not one issue. If I recall Berta said to NEVER use the VA's SOC. That makes sense to me..if I was on trial I would hardly want to use my adversary's attorney to represent me. So, since the VA does the SOC, I want to, at a minimum, explain MY SIDE of the SOC..not simply have the judge use the adverary's (the VA's side). Yes, I know the VA system is supposed to be non adversarial to the Veteran..and, well, is there anyone here who beleives the VA is not our adversary?

Yes, I am sure by "tearing the VA down brick by brick" they are referring to some sort of reorganization plan whereby crooked and disgruntled Va employees are rooted out of the system, not the tearing down and rebuilding of VA buildings. The problem is, of course, that there are far too many Va employees who either regard Veterans as "the problem" or, they are downright stealing from Veterans. Both of these types of VA employees need to find other employment and have shown themselves to be toxic to the system...requiring this massive overhaul of the VA system. The VA system is infected with some of these "cancerous" employees, many in management roles, and they need to surgically remove the cancer before it spreads to the entire organization and kills it.

The VA is understating the VA benefits backlog by a wide margin. It is reporting to the Air Force times the Backlog is 67,000 while the real number is more than 200,000 Veterans waiting for checks for college. Here are the two conflicting stories: First, the vawatchdog's numbers, which were taken from the VA website: http://www.vawatchdog.org/09/nf09/nfsep09/nf090209-1.htm Compare that with the 67,000 backlog reported to the media: http://www.airforcetimes.com/news/2009/09/..._claims_090109/ Notice how the AMVETS is "pleased with the effort" of the VA. Who do you beleive, vawatchdog.org or AMVETS attempt to help out the VA by using VA's tactics: Delay, Deny, and then try to minimize the problem. As for me, I believe vawatchdog over the AMVETS everytime, and the AMVETS just lost credibility in my book.

I do not think an attorney will speed anything up. If your claim is in the "development stage", an attorney is not necessary IMHO. You will do yourself some good if you realize the reality..the "development" stages lasts 1-2 years and the appeal stage lasts another 3-5 years. You can pretty much count on a VA claim taking about as long as your military service..at least 3 years. Do not buy into the false number they throw around of 6 months. That assumes everthing is perfect and you win your full benefits on the get go with no appeals. This almost never happens. Most of the rest of us waited an average of 2-5 years. My wait was 7 years. The VA loves to requrire 5 or 6 decisions to accomplish what one decision should accomplish. After 7 years, I have to go back and appeal again, because the VA is trying to "weasel" out of paying back benefits from seven years ago..they are trying to only pay 2 years retro and not 7. Get yourself some kind of hobby or something you like to do..play chess..watch football...something..its going to be a long, long wait.

Dont even think about getting your kids their money this fall. My son started applying in April and no money yet. He probably wont get it either, for many more months. The whole program is just another VA disaster. Read about it here: http://www.vawatchdog.org/09/nf09/nfaug09/nf082809-1.htm And, it got even worse this past week: http://www.vawatchdog.org/09/nf09/nfsep09/nf090209-1.htm Dont think that just because your kids are not post 9-11 gi bill it wont affect them, it messes up everyone, including Ch. 35. The VA had 13 months to prepare for this so they sit on their duff and wait until the last minute. Shinseki had 9 months and claimed the VA was ready for the New GI bill when they were no where near close. This is upsetting a lot of people..Vets are used to getting jacked around for years by the VA, but new students are not.

I had the same thing happen. I am pretty sure, once you START on the ch. 35, they dont kick you out of it for being too old, unless you are not making education progress. Have your kids apply ASAP, and they should get a certificate of eligibility. They can apply through the school, at least that is the way my kids did it.

When in doubt, get the NOD out!

I would not be a bit suprised if this fraud company did not get the names/phone numbers of Vets from crooked VA employees.

Bonzai Dont feel like the lone ranger if you are trying to figure out the Va, but have not been able to so far, because I am not sure any of the rest of us have figured out their complicated system yet, either. I am not an attorney and I have no idea what the Va will do with your case, however, for others they have done exactly that: They have denied one part of the claim, and the rest of the issues have been "deemed denied". At present, I am unaware of an instance of a "blanket" deemed denial that spans the RO, and AMC, however. It has been my experience that the higher level courts (BVA, CAVC, Federal courts) are more thorough than the RO and dont often just "blow off" some of the issues like the RO often does. The upper level courts know that there is a good chance their decisions will be reviewed by a still higher court. The RO knows this, too, but does not care if their decision is overturned upon appeal. (Lawyers and judges get upset when they loose a case, but rating specialists dont care) I offered this advice..not to trouble you to worry about deemed denials, but rather, if you claimed 4 issues at the RO, make sure you get decisions on all 4 issues, because if you only get decisions on one issue, then the others have been deemed denied and you have to appeal them even tho you didnt get a decision. If you are troubled by this, like I am, I suggest writing to congressman Filner, or your congressman, and telling him you want him to propose legislation where Veterans deserve a decision on each and every claim..that "deemed denials" should be banned. You can cite the attorneys cases of "deemed denials", since lots of people simply do not beleive the VA would do this to a Vet. I didnt beleive they would do it either, until they did it to me.

The fact that a "Vet Center" is necessary is a good indication that the VA hospital is not meeting Veterans needs. If all this good counseling were available at the Va med center, why would Vet centers be needed? It just goes to show that Va medical centers are NOT meeting Veterans needs.

It was pointed out, by TEAC, that the VA is not required to approve TDIU on the basis alone that SS awarded disability for SC conditions. The VA uses the "weasel" clause that VA's definition of totally disabled is different than SSD's definition of totally disabled. I call that the VA "weaseling" out of paying. They have lots of ways of doing that. Another way is the Veteran files for benefits. The VA denies one benefit, says nothing about the other. A year passes. The VA now "weasels" out of paying, claiming the Veterans second benefit was "deemed denied" and that the one year clock starts and the Veterans decision became final, even tho there was no decision at all on that issue. Please add the way the VA "weaseled" you out of your VA benefits, to help other Veterans from being weaseled out of their also. For thoroughness, I will supply the link to the lawyer who discusses the court cases where the VA can secretly deny, or deemed deny, a Veterans claims: (Scroll down to the bottom.."deemed denial"..there are also other cases where the courts did not require the VA to give an answer to the Veterans claim..that his claim was "deemed denied") http://wvajustice.com/?m=200907