Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
crimson0456
-
Posts
24 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by crimson0456
-
-
Congrats to you.
-
:) Just wanted to vent my frustration about being denied my claim for PTSD. I dont know what to do now. My life is in shambles and I thought i submitted my claim with the neccessary info to get help. They make it seem like i was not even there during Desert Storm.
Sorry to hear of your trouble. Have you and are you still seeing a VA psychologist and psychiatrist ? Are you involved in the PTSD veteran group at the hospital ?
I would discuss this with both your PCP and Psych doctors and tell them what is going on , and ask why they had not supported your PTSD claim . If you have not done so already , I would enlist the assistance of the DAV or other VSO to help you file for reconsideration or a substantive appeal . If you require immediate financial assistance , I would speak with a social worker at the VA Hospital . Best wishes for you and don't give up , all is not lost .
-
If the DRO decides that the medical evidence warrants a rating of 70% the VA will grant that and then send you a TDIU form.
Sometimes but not very often a DRO could award 100% schedular.
Any vet whose SC disabilties render them unemployable and have medical evidence to back that up (such as a finding by Voc Rehab that their SCs prevent them from being given Voc Rehab or if they receive SSA disability benefits solely for SC conditions-or they have a strong IMO from a Psychiatrist or psychologist who has given a complete medical rationale to state they are unemployable due to service)
should apply for TDIU ASAP and not wait for VA to take them up to 70% and then get the TDIU form.
Right now I'm not even 50%
-
If the DRO decides that the medical evidence warrants a rating of 70% the VA will grant that and then send you a TDIU form.
Sometimes but not very often a DRO could award 100% schedular.
Any vet whose SC disabilties render them unemployable and have medical evidence to back that up (such as a finding by Voc Rehab that their SCs prevent them from being given Voc Rehab or if they receive SSA disability benefits solely for SC conditions-or they have a strong IMO from a Psychiatrist or psychologist who has given a complete medical rationale to state they are unemployable due to service)
should apply for TDIU ASAP and not wait for VA to take them up to 70% and then get the TDIU form.
If I submit a claim for IU while my appeal for increase is pending, I think that will only further delay my appeal ? or should I send the TDIU form in regardless?
-
When an appeal for increase is under appeal, based on the DRO's decision, if meeting the minimal percentage to qualify for IU, can the DRO grant IU even if a claim for it was not previously requested as their duty to assist?
-
So my VSO gave up, said he could do no more for me because the VA was not returning his calls regarding my case. I have doubts that is true BUT, I called my congressmans office and within a week, situation is resolved so far....
They had previously claimed they couldn't get my Military Personal Records from DOD, and also played the revolving door trick with my mental health doctors.
Their reply to the inquiry stated that they did indeed have all the necessary info and have made a decision.
My question is how long does it take, once they have made the rating? I already know they will deny part of it because Audiology said my hearing had improved since entering the service when I outprocessed. I disagree but whatever, the important stuff SHOULD get approved....
Im at the edge of my seat here, I wish some of this stuff wouldnt take so long. I am very happy Congressman Farr's office was able to get this resolved quicker than my VSO or I could.
Sounds as if you should be receiving your award letter very soon. As far as money in the bank, who knows.
-
Has anyone heard of this program? I received a letter from the James Haly VAMC stating that I have been diagnosed with problems that may affect my memory, or thinking and problem solving abilities. They want me to sign up for this program at thier expense (49.95) per year. In the event that I should wander off or become lost while out of the home that they could help the local police to find me and return me home.
The whole thing that I am affraid of is this a back door way to try to have me declared incompedent or what, to receive this out of a clear blue sky gives me a weird feeling and I am now scared of what they are trying to do to me.
Any help, suggestions, or advice will be greatly appreciated.
Yes I do have some memory problems, like forgetting to take my meds at night and so on, however I have never been lost or wandered away from home. I have been right here in my bunker for over 40 years.
While this sounds like a worthwhile service, I would check either with your VSO or your legal representative to determine what if any are the legal inferences or complications.
-
Bob
I think you have done enough. You called her bluff. Avoid these people except as necessary. Their disrespect triggers you.
John
I totally agree.
-
Got my letter today from SSD and it was denied. I'm confused I feel the wind has just been knocked out of me. I honestley don't know if I have any more fight left in me to appeal this.
Since you have filed for SSDI I will assume you have very limited income. I qualified in that as well when I applied for SSDI. I was denied. I went to legal Aid, which is no cost attorney representation. In short, a year later I received my full award. Worth considering.
-
I have new evidence, ie IME, which among othe thins states "at least as likely as not" (equal to or greater than 50%) In her summary and the questionaire that summarizes the the records and exams used ind here evaluation rearding spine injury.
The question is where in the CFR 38 do I find the law or regulation that specifies the part where the Veteran is given the benefit of the doubt as in: at least as likely as not (equal to or greater than 50%)? And the other variations of the 50% more or less?
I believe I have all the requirements met but i would prefer to quote their own requirennts to leave little remove for interpretation.
I have no experience with this DRo stuff so I want to leave nothing to question and will take their SOC apart piece by piece.
Sounds as if you have already received a denial on this claim that the C&P examiner made those statements about and than you filed a notice of disagreement requesting a DRO appeal. When the DRO reviews your claims file they will review all the C&P reports again. Had you also received a letter explaining the reason for the denial listing all the claimed disabilities ? When you sent your notice of disagreement requesting the DRO appeal, did your list all the disabilites that the original decision disallowed ?
I would strongly urge you to seek out the assistance of a VSO, if you haven't already done so. Trying to navigate the appropriate actions the VA requires is more than often very confusing.
-
I am new to alot of the words used here on this message board, and I dont have that much experience in all this paper work. I was medically retired from the Army May 06. I currently have a rating of 80% on a couple of different problems. I filed a claim to the VA about having stomach problems that started when I was in Iraq. My medical records show that I was treated while in Iraq, and also from the VA starting Dec 05. In December of 05, I was given an upper GI showing their was a problem, put on meds for it. My primary ordered an endoscopy, but it was denied the first time (it was entered as routine). The next time I saw my Doc, He asked about the appt. and I told him I havent heard or got anything about it. He ordered it again, same results. I got concerned and tired of waiting , so I decided to file a claim (july 07), hoping a C&P would follow and I could find out what was going on with me(force them to schedul an endoscopy). Within a month of filing that , I got a notice I had an endoscopy appt. I went to it, and was told I had a hiatle hernia, gerd, and small ulcer. I think they also tested to see if it was cancerous, but that came back negative. I have been working with a wonderful DAV lady, she helped me file and get the paperwork together. The C&P I got was a joke. I was given another upper GI. I couldn't understand the examiner, she was from poland or russia?? Her accent and her words were hard to understand. I didnt think that was a big deal, I and my DAV lady felt very confident with all of the records and treatment. I waited for about 6 months and recieved the descision that I was denied. Was told that the problem had corrected itself based off of the last upper GI, and the examiners report.. Of course I NOD, and my DAV Lady helped with that. In Fact, she said I should request a RSO. I did, however, it seemed to be sent to the BVA. I have been waiting for something to happen. It seems like it has been forever on a case that was "a slam dunk" according to my DAV lady. Even my primary has it listed as a chronic problem. GERD. I even asked my primary, since the VA examiner said my problem corrected itself, why Am I still having problems, and why am I still on meds?? He sent me to a specialist, and he said the same thing after looking at my endoscopy. He agreed with my primary, Gerd, hernia, ulcer. Very Frustrated VET here.
My question is...I recieved a letter from the BVA, washington D.C. over the weekend that said my claim had been certified and that I have either 90 days or before because my case could be decided before the 90 days are up, which ever comes first to submit new evidence, get some one to represent me. I dont have anything new to submit, and didnt think I needed representation. Does anyone or has anyone had this happen? I would go to my DAV lady, but she is so busy and has done soo much already to help me.
sounds like you already have representation.
-
The reason you didn't have to pay SSDI back when you got your VA SC retro is because you are permitted to collect both. But you cannot collect SSDI and VA Pension. It's one or the other..the greater of the two. More than likely your SSDI will usually be greater than the VA pension.
Trust me, the VA is not going to let anyone walk away from repayment, unless you can prove a significant hardship case.
-
Since it's "RETRO" I don't think you have to pay that back. 99% sure on that. I know I didn't have to pay my SSI back when I got my VA retro so i'm pretty sure it works both ways. This could obviously put veterans in a bind financially.
Jerr
The reason you didn't have to pay SSDI back when you got your VA SC retro is because you are permitted to collect both. But you cannot collect SSDI and VA Pension. It's one or the other..the greater of the two. More than likely your SSDI will usually be greater than the VA pension.
-
:D Pete, I hope you are right....I know I have to let VA know when I get my SS Disability and I believe it will take some time for the approval to until the 1st check. If they notify me when that happens and what date it will start i will notify VA. The problem I was concerned with is that my SS Disability will be back paid from 2001 and I started recieving NSD from VA in 2005. I hope you are correct, it will be a good start for 2010, if I do not have to repay all the NSD to VA. Brian
If you have already received an award letter, DON"T wait...........notify the VA immediately, even if you have not received your first check. The longer you wait to notify, to more you will need to payback to the VA. Your VA checks won't stop immediately, it sometimes takes them months to process your request.
Good luck.
-
are you saying that it took nine years for your award of SSDI ? and they gave you the award in 2010 retro back to 2001? if so, than whatever moneys you received from 2005 forward on your NSC pension will be recovered by the VA. This how I think it works, at least it was for me. It's considered an Overpayment.
-
If SSA is paying you retro monies back to a period your Va pension benefits covered, I believe you will be requested to pay back the pension monies, as your not permitted to be in receipt of both Va Pension & SSA disability. It's one or the other . That is why it is so important to let the VA know quickly that your award has been granted, and to stop your pension , immediately. Sometimes, it takes the VA months to acknowledge your notification to them, creating a further indebtedness. Make certain you keep records of your notice to them. I have a VA rep send it electronically.
-
-
As far as I am opined, There isn't anything that anyone could say that could effectively minimize both your anger, pain and suffering. The very least they could do, is simply do the right thing and get your benefits to you ASAP.
-
I was at TI in 1972 awaiting discharge. The barrack I was assigned to were old WW2. An inside converted basketball floor and showers. Now I have a question, would this not be further evidence of Chemical exposure to further substantiate a claim for A.O. both on land and offshore waters? I have a non-Hodgkins Lymph node. It never caused me pain, it's just a mass on the right side of my neck.
-
By now the VARO should have your SMR's so you will need to wait till your claim wraps up.
Thanks for confirmation. That is what I thought.
-
I know that my claim has been to the rating board and to the review board. When I called today the VA told me it was being authorized. I was just wondering what does that mean.
Thanks for any and all Help
All I can suggest, is that you trust nothing anything the VA verbally tells you. Once it's in writing, than it's golden.
-
I have an appeal in processes at this time, however I neglected to obtain a personal copy of my SMR. How do I request this and will it interrupt my present appeal ?
Thank you.?
-
I filed a notice with my DAV rep immediately, re-authorizing them to act as my representative. The DAV is at the Stratton VA in Albany, N.Y.
-
HYPOTHETICAL: Does anyone know what would happen if a veteran who is presently collecting NSC pension ($985 max.) is awarded SSD in an amount in excess of the VA pension? Can they collect both for so long? When do they have to notify the VA? What happens if they do not notify the VA right away, and collect both for a few months? Will it result in recovery/payback to the VA, and if so when? Do they normally just make arrangements with the vet to pay it back? Do they get nasty? (i.e. criminal prosecution vs. civil collections). Anyone know anyone who has had experience with this? Thank you. B)
First, you are not permitted to collect both, you will have to decide which one you wish to collect. I assume it will be the larger of the two more likely than not SSDI. My suggestion to you is , upon your receipt of an award letter from SSA, immediately file a request to have your pension stopped, and make sure you have a copy of that letter. Do it at your local VA service CTR they will electronically send the letter for you. Sometimes believe it or not you make have to repeat that. Failing to notify the VA about SSA award in a timely manner can and probably cause you a very difficult time to straighten the mess out. Don't get yourself into it!
Remand?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Talk about passing the buck around. The entire appeals process is a maze, and is more often than not frustrating and infuriating for many. Don't take my comment as absolute, but it sounds as if the VLG remanded your appeal's back to your local office for further evaluation ( another look at your evidence ) and to assist you in developing your claim's based upon the evidence already submitted. I do think you will receive some written information about what has been done, and what is now being done to assist you with your claims. Stay strong, and best wishes.