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SaintX
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Posts posted by SaintX
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Never happen! You telling me the VA is going to practically double my compensation. That is good for a laugh. Where did you get this information? Did your local tea party give you this? We would have heard about this already. You should not publish such bullshit. It is cruel and a hoax.
Actually this came from an VA insider. Someone whose given me VERY reliable information in the past.
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Good News folks,
I have received and advanced copy of the Disability Rate Increase effective December 2010. I believe everyone will be quite pleased.
H R Veterans\' Compensation COLA Adjustment ACt of 2010 (2).pdf
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Congrats!!!
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I probably used the wrong word "New", which I suspected has always been going on. The point was for all folks to please read. I have a "very close" person who works there and they inform me of what new is coming down the pipeline. They also agree that in terms of not doing the right thing, they also believe it's done at the Rater's point and whoever is signing off has been schooled on the process.
Again my point was for everyone to read those because another friend of mine had the same thing happen to her and she was about to just "let it go" she was tired of fighting, but with the help of HadIt, we put it all together and she got the award.
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Not sure if anyone has noticed the new MO that the VA has set forth. Please be sure to check your VCAA letter thoroughly. Read it over and over and again. They are now picking through the Regs to make the Denials fit. Not fully reading the C&P exams or reading them and choosing to exclude the parts that are in your favor.
I've had this happen and now my NOD is in. I don't think they will like the letter and it will be apparent that they will try to deny something else or lowball again. Remember READ, READ READ!!!
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Congrats!!!!! They can't beat us all.
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Now is the most important time frame in your claims process.
What did the reasons and basis say on the deniial.
Is there any medical opinions against you.
The RO's have to have a pretty solid medical reason to over ride a MD.
This does occurr but I think it is done to stretch your claim out over time.
Now may be a good time to bring in an Attorney. You need something to shake them up.
The important thing is your next move. Ask for reconsiderzation, DRO, BVA?
All 3 are going to take time so I would request a De noveau Review.
If you have a rep, I would consider an Attorney.
J
Thanks JB,
I have submitted the paperwork, and you know I realize this is a stall tactic, but when I was a supervisor and I wanted to get people to do more, I would pick the person I knew would do it. Sometimes you just have to let some of these go and say "Well we won't win this one, let's move to the next."
But it seems they try to win them all. That's my next step looking for an attorney. Because I was also denied the 1151, which the C&P doctor and my medical show they caused my RSD/Nerve Damage. They never cease to amaze.
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Bergie,
I do have a copy of the C&P exam, in fact, that's what I used to quote what their doctor was saying, and I have also submitted the paperwork for DRO hearing. It just boggles the mind how they think we are all stupid. I really hope more of us VETS get on this site and use all the information provided to beat these guys. It's like war all over again. Thanks!!!!
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I don't know if you have gotten a copy of the C&P exam, but if not get it. Also, you have a year from the date stamped on the SOC denial to file a NOD. Use the time wisely, gather more medical documentation to support your claim then ask for a DRO hearing when you file the NOD. The hearing is the best, because you can argue your case, and point out that their own C&P doctor stated you were unemployable. This is very winable just stick with it.
JMO,
Bergie
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I recently got my rating back and was denied IU. Although the C&P exam Dr. wrote that I was unable to work due to my SCCs. I also sent paperwork from the treating Doctors saying I was unable to perform my duties/job. This rater also decided not to use any of the things the C&P doctor said, because it would have granted me IU. I have filed NOD, but this shows how broken this system is and why there is such a "backlog".
They are so busy trying to deny us. Now I guarantee had that Doc wrote there is no reason he could not work all the information would have been used. Just MHO. Any thoughts?
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First of all Congrats on the increase, 2nd, it was no mistake, I have noticed that is their new MO. I have also noticed that they are now doing a lot of 20% increases and making Vets appeal for the correct again. And they wonder why there is a backlog. Guess it's called Job Security. I would immediately NOD them. I'm doing the same thing as I saw where they picked through parts of the Regs to make the Denials fit or read only parts of the C&P reports when in your favor.
Keep fighting!!!!
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Anyone know where to start looking for Tort attorneys?
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I have not worked since the injury. The total is 70%
30% Right Achilles Tendon Ruptures
30% RSD (Reflex sympathetic dystrophy) Right Wrist
20% Right Shoulder Fracture
10% Left Achilles Tendon Rupture
10% Fracture Right Wrist
I had claimed the RSD (Nerve condition) on 1151, so they tried to just pay me as SC. And the right wrist injury which was secondary to the Achilles Tendon Rerupture. The C&P examiner wrote that the surgery was "Failed". Trying to figure out what else I need to submit. Any help? Thanks!!!!
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Got my brown envelope, got increase to 70%, They low balled medenied IU. Also, they denied my 1151, which the C&P examiner wrote that the surgery caused another injury and that the surgery was botched. Well I guess it's back to the drawing board.
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Congrats!!! Those are very helpful. Glad you won.
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Congrats!!!! Way to hang in there.
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Information for Veterans about Health Care Reform
Many Veterans have questions about the new health care reform law. The
Department of Veterans Affairs offers the following information about
the law and its impact on Veterans. This document addresses only the most pressing questions that have been raised. VA will provide additional information about the new law as it is developed.
The law contains many complex provisions, including many reforms to the practices of the health insurance industry.
Nothing in the new law changes anything about the Veterans' health care program.
Enrolled Veterans may still rely on VA for their health care in >the same manner as before the law.
Beginning in 2014, everyone will be required to have health care coverage.
The law requires that every individual must have some form of health care coverage.
The coverage must meet a minimum standard so that everyone will be able to have a minimum level of care.
Congress wrote into the law a provision that says the Veterans' health care program, administered by VA, meets the standard for health care coverage.
Enrolled Veterans do not have to purchase additional coverage because the Veterans' health care program meets the standard under the law, Veterans enrolled in the VA health care program do not need to obtain additional health care coverage.
Veterans may continue to purchase additional coverage if they wish, but the law does not require them to do so.
For more information about VA Health Care Benefits, call 1-877-222-8387.
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I don't think that's what it's saying. Believe it or not there are still some Vets that have never filed a Claim. I met one yesterday during my VA appointment. I had to tell him what to do gave phone#s and of course this Website. Many of the new guys coming out do all of their stuff online now. I believe it's for them and maybe those who have never filed. JMO. Sorry bout the double post.
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IId
Maybe I just dont get it. Is this the "application" to use the VAMC? I did not fill out an application..at least not that I remember, and if I did, what is the point of doing it online...are we gonna get "online medical care" also?"The only purpose of this seems to be to deny health care, and to complicate what was once a simple process...you go to the VA hospital and meet with a representative who takes your address and maybe dd214 and makes you a VA medical card.
Many people who use the VA do so when they need urgent medical care, so I am guessing if you are having a heart attack, the VA will have you go home, fill out your application for benefits online. Then, if/when they approve you, if you are not dead, then you can get medical care. It sounds like they will be creating still another "backlog"..this time a backlog to use the VAMC.
Is this the "21st Century VA" that Shinseki was boasting about? In other words, you used to not have to wait to get approved to use the VAMC and in the 21st Century, they will close that loophole and make still another waiting line, and still another backlog.
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Back in Feb. 2010, after my husband had filed his claim for IHD/AO, he received what appeared to be a standard packet from the RO telling him that they had rec'd his claim and general information about what would be done with his claim, etc. However, included in the packet, was information about a new "New Pilot Program! Invitation to Join." This new program is known as Expedited Claims Adjudication(ECA)Initiative. The Seattle VA RO is one of four RO's that was selected nationwide to participate in this two-year pilot program. The VA included about 6 and a half pages of information about the project, including an Agreement and Waiver of Rights to sign.
Our Vietnam Veterans of America Service Officer told us at the time of our initial interview and filing of a claim that if my husband should receive an offer for an expedited claim, to be sure to accept the offer. After reading the 6+ pages of info, we were confused and so I called a couple of the other Vet's service organizations and they were familiar with ECA pilot program and were adamant about NOT recommending that vets sign this waiver! I called our VSO and discussed ECA with him, told him that I'd contacted other service organizations and that they weren't recommending vets sign the waiver. He allowed as how that the Viet Nam Vets and only one other organization were recommending to sign.
We didn't think that sounded like a huge recommendation. So,we got scared off and he didn't sign the waiver. Anybody else out there who has been offered this "INVITATION"????? or anybody familiar with this new program?
Lorraine
Katrina is also Vice President of NOVA (National Organization of Veterans’ Advocates), one of only three organizations which did submit written objections to the VA’s ECA pilot program. http://www.vetadvocates.com/
When I asked Katrina her thoughts, she replied:
"In a very basic sense, the premise of the VA’s ECA pilot program is that, in exchange for the veteran giving up (waiving) their procedural due process rights at the beginning of the claims process, the VA will attempt to make a speedier decision on their claim for VA benefits. As VA claimants already know, the VA claims process includes many, many deadlines by which the veteran has to submit evidence, or respond to a VA letter or decision. BUT, the VA has no deadlines – and this ECA pilot program does nothing to change this. The ECA simply shortens, or eliminates altogether, the veteran’s time periods by which to respond to the VA’s requests or decision.There are several specific aspects of the ECA pilot program which concern me. First, that the veteran (or claimant) has to elect the ECA program at the beginning of the claims process is disconcerting because this means the veteran has to fully comprehend right from the get-go what he or she is getting into regarding the VA’s claims process. In other words, the VA is asking a first-time claimant (because the ECA will only be utilized for new claims) to be clairvoyant and choose up front, with little or no first-hand knowledge, to waive due process rights that they can’t possibly know whether they will want or need down the road.Another concern is the misleading language of the ECA rule which states that a veteran will only be eligible for the ECA program if 'represented by a recognized VSO or an accredited agent or attorney at the time of electing to participate in the Initiative.' Thus, on its face, the ECA language leads one to believe the veteran will be properly counseled before giving up important due process rights. However, as the current law makes clear, a veteran cannot hire an attorney to represent him or her until after the initial Notice of Disagreement has been filed by the veteran. This is NOT at the beginning of the claims process! Thus, the veteran is left to rely on the advice of a VSO, very few (if any) of whom practice before the U.S. Court of Appeals for Veterans Claims and understand the binding effect of waiving due process rights. Yes, the language of the ECA pilot program states that the veteran can elect to 'un-waive' these rights, but I have serious doubts the VA will be diligent in reminding the veteran about this.My final concern mirrors many of my clients’ primary complaint with the VA claims and appeals process, which is that the VA seems bent on finding ways to avoid seriously dealing with its HUGE backlog problem. The ECA is just another example of that. Expedited means faster, but it does not equate to a better, or more thorough decision. The ECA does not include an effort on the VA’s behalf to provide a more detailed or personalized decision wherein the VA explains why the evidence submitted by the veteran does or does not satisfy the criteria necessary to grant the claim for benefits. Thus, in the end, the ECA will not improve the quality of the decision rendered by the VA, it will only speed up the time by which the veteran is denied his or her VA benefits. The unfortunate irony here is that this will only lead to a bigger backlog in the VA claims and appeals process because veterans today are smart and tenacious, and know to appeal when they have a meritorious claim."It appears we have another VBA sideshow concocted for no real purpose other that to distract the attention of an already dazed and confused Congress. This allows the antics in the DVA 3-ring circus to continue without any interference.
Veterans across the nation will continue to be rewarded for their dedicated and meritorious service to our country with the usual VBA center ring clowns pouring out of small cars gleefully shouting, "Delay, deny, until you die!"
My advice: If you're a veteran in one of the following four VA regional offices: Nashville, Tennessee; Lincoln, Nebraska; Seattle, Washington; and Philadelphia, Pennsylvania and beginning December 5th 2008 you're offered an opportunity to participate in this experiment, decline. There is no advantage to you personally and any risk you may take is unlikely to benefit other veterans.
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Hope all is well with everyone. I have recently recieved all of my medical (service and private) records and 4 doctor letters regarding my claim. I filed informally in Sept 2009. I am now in the process of filling out my 526 on my computer and have a few questions.
In the disabilty section where you list what your disabilties are I put in the code and name of the issue (4.17...) and completed the dates and facility locations etc... Is it a good thing to put in the code and term that they use or should I just put in sciatic pain bilateral etc...for each issue? I am trying to do this my self and want to make it easy on whoever looks at it. Also, some of the issues are still ongoing and the PDF 526 want to put an end date for treatment..I just left it blank-ok? In the supplemental section can I add to my answer with what the expected rating should be... for example my pt Flex was less then 30 degrees (l4-l5 fusion) and should be rated at 40% or is this pushing to much or does it let them know that I know what the regs are. I thought I read on here awhile ago that you should do this, on some I would put a range (depression estimte 10-30% based on ...). I hope this makes sense...I am still in a lot of pain feel like I am getting worse. Any suggestions would be helpful.
Thanks!
81150
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Congrats!!!! Gives us folks that's waiting some encourgement
Go out and enjoy with the wifey. :)
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I am a 29 year old Las Vegas resident who was honorably discharged from the Army in 2002. I was granted 60% for my back and various 10% for my head,feet,depression. I have been working in an office position for the last 8 years. The pain I experince daily at work I've been able to cope with until the last 1-2 years. I have been experincing severe pain and numbness throughout my legs. I have also gone thru terrible episodes of depression when I am unable to perform certain acts that a healthy 29 year old should be able to perform with ease. It kills me to say it but I feel that I'm reaching the point that I may not be able to work anymore without having to live thru the pain that it causes. I wanted to know what kind of Options I have 100%,TDIU,Social Security,etc. I currently make a decent salary and am unsure if I would be able to support my family if I am unable to work. I am not sure if I gave enough info to get the advice I'm seeking but I would appreciate any and all responses. Thank you.
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If SMR' are used along with progress notes from VAMC, then why does C&P exam normally determine the outcome of a claim?
Disability Rate Increase
in Eligibility - Veterans Compensation Benefit Claims
Posted