Sgt. Wilky

jcox129, Congratulations on this discharge victory!!! This will surely open other doors for you. My heart dropped at reading your story. You have to know that you are a powerful woman and to keep going no matter what any rater may say. I see a book in your future. Write it about - change the names, but document your journey. Good luck! You never know - you may just become a blessing to other women soldiers who are afraid to tell their story. Good luck to you! Salute!

I have a compensation claim in progress for PTSD due to MST, and for Major Depression. My claim is still in progress, but after 11 months waiting for news, I found out on Friday that my discharge was upgraded to Honorable for VA purposes. This is a huge step, because it means that they looked at the evidence I submitted in my FDC and determined that my reason for going AWOL was brought on by the sexual assaults. I never thought I would actually win this...I was only seventeen when I enlisted and went AWOL after less than six months after enlisting, after being raped and threatened by a group of guys I served with. I was detained and outprocessed about 5 months after going AWOL - one month after turning 18. I received an other than honorable discharge. Sixteen years later, this news feels to good to be true. I have been battling these demons for almost half of my life, and even though this isn't over, will never be over for me, and my claim is still being processes, I finally feel some hope because they acknowledged that I had a justified reason for leaving and deserve to be recognized as having served. According to my MST coordinator at the Lincoln Regional Office, I can now get free counseling and mental health care for my service related PTSD and depression through the VA. For me, this is huge. I have been hospitalized for it numerous times in the last decade and a half but have always had to quit counseling because I couldn't afford it. I know there is still a chance I will not receive disability compensation, but honestly, I thought my discharge would be the deciding factor holding me back from it. So now I have a little bit of hope. I just wanted to share with others because I know that trying to get a Character of Discharge determination can be harrowing, but it does sometimes work out!

Actually, I just tried it. I don't have a premium myhealthaccount, just an "advanced" one...well played VA, well played. 

I did. The remand stated in the decision, that the BVA wanted the RO to issue a SOC for my "timely NOD." The BVA acknowledged that I had an inferred claim for an increase on my hip issues from 10% to 20% and instructed to the RO to "consider rating the veteran under diagnostic code ####." I look forward to seeing the SOC from the RO and immediately putting in my claim for the increase.
Yesterday, (to reference a previous thread) I had a meeting with my VSO regarding my BVA grants, and I just have to play the waiting game some more. She echoed that I could use IRIS and inform the VA to grant my retro within the mandated 120 days, but like other posters have said, the VA won't care.
Sgt. Q, when did you have your BVA hearing?

I'll try that on Monday, and let you know how it goes! It's a tedious process with my tiny laptop here! My desktop keyboard crapped out on my, otherwise I'd have tried it by now!

Sgt. Wilky,
Welp...here's what ya gotta do....blue button, then select VA notes, and put in the date range.  It should be in there. 
Semper Fi.
Andyman

Hope you get a good rating Sgt...let us know
 
..........Buck

Sounds positive, Sgt Wilky- hope it helps with the wait

Well, since you put it like that, I guess it's not a good thing. :) But in VA speak, it's not an outright denial, right? I'm really hoping to get these issues wrapped up after 8 years within the next year or so? Is it wrong to think about the potential what-ifs?

Had a meeting with my VSO today. She was able to look up my C&P results from the PTSD evaluation last Friday and the C&P doctor diagnosed PTSD. Now, I don't know what that means comp. wise, but I know one way or the other, I'm glad I just have a diagnoses that favors me and my condition. Now we get to wait and see what the rater does...(nervously laughs). My hands are shaking at this little revelation.
Sgt. Wilky

The disparity between what Pete said, and what I said is because VA does not comply with their own regulations and fast letter.  
Again,VA did not comply and made me wait a year.   I included this fast letter not to suggest you have false hope, but that you use it to NAIL VA, and tell them that Fast Letter 10-02 requires they pay you your retro within 120 days.    I would not hold my breath, but you can send an iris pointing out that the fast letter requires "partial grants" like your be paid in 120 days.    I would tell them you have not even gotten your implementation decision yet, and you would likely need to get that soon so they can comply with the fast letter.  Compliance with fast letters is mandantory (officially, any way), so point you you know the law!  BVA decisions require VARO give "expititious treatment" to carrying out their decision.  Its a Stegall violation for VA to not comply with the remand order.  
Pete is a friend of mine and we both wish you the best.  Pete said his took 6 months, mine took a year, even tho this fast letter says 120 days.  
Its just plain shows how broken VA is that they can not get it done in the required time limit.  If you and I submit an appeal ONE second past the one year, they deny it immediately, and whine that we appealed late, holding us to the fire for the rules.  However, when VA requires them to act in 120 days, then you might get it in a year.    As Berta said, VA has the regulations, BUT WE HAVE THEM TOO.  And they do NOT LIKE IT ONE BIT when we are informed, they would rather we just be dumb and let VA do as they please.  They have done this too long to too many Veterans and I say you stand up for your rights.  I do!  
 

And the public sometimes wonders why the VA is getting hammered!
It's quite clear that the VA takes every advantage it can as a governmental entity "entitled" to "preference" under the current laws.
Long standing complaints by veterans are the result, yet comparatively little has been done to resolve the major issues. There are virtually
no penalties imposed on the VA entity for failure, and relatively severe ones on veterans.
One more or less issue out of many might be used as an example - - -
A veteran becomes unable to work due to potentially service connected disability.  The VA takes years to adjudicate, and also delays
retroactive payment.  Meantime, the first thing that may happen is that any protections under the handicapped/disability laws expire.
Generally, the states have quite short time frames, and usually take the employer's side.  Veteran specific laws related to government contractors
also "time out".
I'd go on, but this illustrates how the VA's delay often benefits everyone but the veteran. 
Retro usually takes even longer than usual when the amount is six figures and above.  In my claim awards, with retro, it usually was a couple of months or more before the monthly payment was increased, and after the major amount of retro made it into my account, another couple of "adjustment payments", due to the delay in getting the monthly amount right.   Cheer up, you made it this far!  It's been about ten years since I started my fight with the VA, and I'm not done yet!
The 180% you see is all scheduler, with 100 and an additional 80% using VA math. The current battle is over some details, such as rating percentages, a couple of in service documented conditions, and physical loss/loss of use. The mess is at the BVA, and the VA RO made several legal errors that are cut and dried. One of the first errors was deliberately failing to put my name on the A.O. list that the VA was required to send the court, along with many other veterans.  If the VA was anything but a government entity, the court would have penalized the VA for contempt. 

I've never been able to see mine; or, I'm just too dumb to know where to look. They're not even under myhealthvet's website blue button.

Based off my recent PTSD exam, I'd say you and I have a long road of NOD's and BVA land...my doctor took almost zero interest in my issues and instead talked to me about ways to deal with them. "Thanks Doc," I wanted to say, "but I'm pretty sure all that information would come from the VHA side of things. How about you stick to what the DBQ says?"
Time to dig another fighting hole. At least this one will be farther up the beach than the last one. The VA is it's own worst enemy. I've fought through one BVA hearing and won decidedly; and now I'm a lot more keen on how those jerks play...
Semper Fi Andyman
Sgt. Wilky

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky

Hey all,
 Just wanted to say I'm going in to the Golden, CO clinic tomorrow for PTSD and GW exams. I've been screwed over by EVERY. SINGLE. C&P EXAM I've ever had (most have been overturned in my favor).
 So, if you're the praying type, please say a prayer for me. If not, then please send thoughts and vibes or whatever it is you do! :)
 Off to review my letters, evidence, and DBQs.
Thanks guys and gals!!
Semper Fi!
Sgt. Wilky

You must definitely find something else to occupy your time. Find a hobby, develop professionally, concentrate on being a better mom or dad, or even a better son or daughter. Get involved with a church and/or veteran(s) group(s). You never know what other doors may open up for you. Don't dwell on it, that's when you start getting really angry.
Hang in there, and no matter what comes, keep fighting for it! My appeals lasted over 7 and 1/2 years. Others longer, others shorter. Don't give up.
Semper Fi

I have to say that pursuing benefits (secondary) for 11 months now has been an education.  I admit I'm not the most patient person but it seems to me that there should be more accountability and the VA should provide more information than they do.  If you use the eBenefits chat feature or call the 1-800 number all you hear is a regurgitation of the same nonsensical information provided on the website.  I really don't know how my sister and brother vets carry on for what must seem like an eternity with little more than a hope that in the end justice will prevail.  You all have my respect.
Green

Edit done!
It's funny you mention Dave Ramsey!! We've been on his program now for over four years. We live with no more debt and have our emergency fund in place. College for the kids is being saved for and retirement is too. I guess we enjoy some of it, perhaps pad the e-fund, and pay down on the dwelling!

Edit done!
It's funny you mention Dave Ramsey!! We've been on his program now for over four years. We live with no more debt and have our emergency fund in place. College for the kids is being saved for and retirement is too. I guess we enjoy some of it, perhaps pad the e-fund, and pay down on the dwelling!

I've been slowly reading through my BVA decision that I received last Friday; and I have been making notes and comparing with the referenced 38CFR notes from the judges. The more I read of their decisions and grants and comparing it with the Denver RO denial after denial ad nauseum, the angrier I get. I'm now getting a more clear idea of the scope of how bad the RO had screwed me over and the utter lack of competence from the C&P exams through the decision making process that seems to be the norm at VBA. There is no other way to describe either the lack of training and understanding of the system or the outright deceit of the this agency as nothing but criminal. There is no other way of describing what happened to me and obviously happens to so many other veterans out there, except as criminal. The abuse that I've uncovered-just in 27 pages of my decision-outlines just how out of touch the VA is, and how much despair this system is in.
In my very ill-informed opinion, the judges have done a real good job at explaining their decisions; even though I may not agree with a few. The grants I did receive, were very clearly referenced and their application and reasoning are well thought out. I went from a 30% D.V. to a 60%-70% veteran and I am owed literally almost a $100k in back pay. Lord have Mercy! When can I expect that? I'm literally sick to my stomach with the stress of receiving that kind of pay.
Semper Fi!
Wilky

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky

Hey All!
 I received my Big, Brown, Dreaded envelope today and it was met with trepidation. I've had several issues whose claims had gone all the way back to July of 2008, and went to appeal in March of 2009. There they sat for years.
 I had my BVA hearing in Denver via teleconference with a VSO at the state level, and my wonderful wife on July 27, 2015 nearly seven years to the to the day of my original claims. The decision was reached on six claims and mailed to me on the 16th of October (which is less than three months from hearing to notification).
 I read that I had won three of my six claims at the BVA level, one remand (which in this case I think is good, I am supposed to get an SOC on how to increase from 0% to 20% and the judge it sounds like, believes I should be at 20% and not 0%),and two denials. One of my grants, it is for some back issues, which my rep said I should be rated for three separate issues. The other two issues, after nearly 7 1/2 years of fighting and waiting patiently, equal tens of thousands of dollars of back pay, which I think should come pretty much at any time, not including the pending back issues which are of the same original claim date.
Just wanted to let everyone know, thanks for your words of encouragement! I was ready to shrug my shoulders and say, "screw it," but most of you said to keep at it and I did, and it paid off! I had to hound my PCP a little bit for evidence and I had to have patience, but those of us who have hung in there and come out victorious know what it means to have that awesome feeling in the pit of our stomachs!
 I still have some battle to fight, but I now have some renewed vigor to meet those challenges head on! Thank you to all for your service to our country and to those of here on these boards. I know I'm not very active, but I hope to be here a little more to offer some encouragement! Keep fighting, as you owe it to yourself, to your family, and to your fellow veterans to not let the VA get away with their shenanigans!
Semper Fi,
Sgt. Wilky