Jim MAC

The big brown envelope came today 100 percent P+T, No back pay as that will be awhile being retired AF. They turned down 3 claims witch I will probally let die. One I will try to horse trade with during the NOD process just want it listed as 0 percent, Filed for Individual Unemployable. in April 2014.Its been a 11 year rude from 60 percent ,

Thanks for all your help

Jim

I'm going to chime in here! There are good and bad in every job field. I've worked in private sector and Government jobs and there were hard workers in both but there were also people just taking up space. My husband is a former VSO for the State of Kentucky and he worked his buns off. He carried cards with him everywhere he went and if he ran into a Veteran or family member of one he gave them his card and told them to give him a call. When he could no longer walk he rode his scooter around. Now the office he had is empty and has been pretty much since July 2010. My suggestion is if you have a complaint about the service you are getting from the VSO then go up the chain of command with the specific complaint but also remember they can't change when decisions are made or what the decisions are. They are there to serve you in processing your claims and answer your questions. If all of them were gone like my husband is who is going to be there to help? There will just be a bunch more empty offices.

By the way, I took over his claim because his VSO wasn't doing anything. I also got my own Social Security Disability all the way up to appearing before a Hearing Officer and fought my way to get disability from the State of Kentucky Retirement Systems. I'm not bragging, just saying that there is a lot of excellent information here and if your VSO isn't doing something and you read about it hear call them up and suggest they do it. Research your disabilities and read all the ways they affect you, including meds side-affects. I included a list of some of my husbands meds and there side-affects with the BVA appeal and it was referenced in the decision "it is clear the side-effects of the medication he is on will prevent him from doing even sedentary employment."

Just heard from the union today. As some of you already know I was put out of work due to meds I take for my SC conditions. Stopped working in April applied for long term disability in July. Was approved today. Its Backdated till August 8th. They start paying after 120 days. Since this was a program thru the union and paid for by myself with after tax dollars its tax free. So ad long as I get my IU within 5 years I am good Togo.

Great that you had long term disability insurance available to you.

Just a thought for younger veterans and family members. Good idea to obtain long term disability while it is affordable. In case of professional or specialized occupations, I would suggest buying disability insurance that only requires you to be disabled for your particular profession before they pay benefits. Many disability insurance policies will only pay if you are so disabled that you can not work at any occupation. For example a professional or specialist could develop disabilities preventing them from continuing to work at their regular occupations but the disabilities would not prevent them from working at less demanding occupations so the insurance company would deny benefits if the clause about being disabled in your own occupation is not in the policy.

Just my opinion.

OK, I'll bite....

Thank you Veldrina. I hope the majority of Rating Officers share you attitude.


David

I find it kind of humorous that the VA would consider that a Veteran "bombards" them with multiple issues when they file a claim. Considering that many mlitary members separate, or at least used to, without any real counseling regarding existing conditions, and what options are avalable to them. And unless things have changed, there isn't any friendly separation briefing about filing claims within a certain amount of time, what benefits a Veteran is eligible for if they do file a claim prior to separation or immediately afterward. I know that it's been a long time since I separated back in 1994, and that the Internet has helped all of us tremendously. (I would not have had a clue about what benefits were out there if it weren't for the Internet to be honest.)

However, if an individual(s) is paid to do a job, and if they are taking tax payers money to do their job, for which they receive monetary compensation themselves, then they are public servants, and any attitude that a Veteran is a burden, or that their claim is a burden, simply because they filed a claim with multiple conditions is completely negligent.

What a lot of the civilians working in the VA, along with many others, fail to recognize is that our military is an all-volunteer force, and that all of these military members and veterans volunteered and gave years of their lives to serve their country to protect those same people that feel a little irritated and overwhelmed at having to review a multi-condition compensation claim. And as for the non-volunteer veterans that were drafted, I hope that these poor overworked, overburdened office workers sitting in their air conditioned offices, playing Angry Birds or checking their Facebbok status remember that the draftees were taken from their normal everyday lives, trained and sent off to war to protect them, their parents and their grandparents, and then returned later (if they were lucky enough to survive) back to their hometowns with illnesses, conditions and other conditions that would not manifest for years, even decades later.

And keep in mind that in those days, and to a lesser extent now, it was not considered popular to be disabled or to "ask" the government for assistance, even medical, for fear of the stigma of being labeled as getting government assistance. I know I personally was in turmoil over filing for quite some time before I actually sat down to start climbing the mountain of paperwork that the VA "bombards" uninformed Veterans with. (And before anybody takes it the wrong way, yes......the VA makes us "ask" them for assistance, and then prove exponentially why we need it. You can be healthy, never served a day of mlitary service in your life, and get tens of thousands of dollars of government assistance annually, including 100 percent medical/dental care, free tuition to higher education, and nobody bats an eye, and they call that an "entitlement".) We have to file for and justify ourselves each step of the way, and quite often multiple times for a single condition.

I know that just as far back as 1994, most men and women who were separating were afraid that the doctor would put something down on their exit examinations that might slight their chances at some civilian career. I know now that this was foolish youth, and that 90 percent of employers that I've encountered don't really even ask to see or request copies of military medical examinations. (Some will though.) Most veterans upon separation want to be identified as healthy and capable, and don't know about what options were/are available to them, until in many cases, it is too late.

I say this because conditions do affect us as we grow older, and what was small then, may be a major problem now. And the VA isn't exactly opening its doors to Veterans and providing counseling on how to file their claims properly, even though this would be the best and most proper way to allow a Veteran to enter the system, or better still hiring VA "counselors" who actually sit down and complete forms/applications with the Veterans. (The government provides information and counseling on just about any other program that is out there to assist claimants "before" they file a claim.) The VA is the only government entity I know of that tells you to file it, and gives a disclaimer that they'll do only what they have to do, and the rest is up to you.

If I'm wong on any of this, please somebody jump in and correct me.

I'm sorry I rambled so long. I hope that I didn't bombard you guys with too much. Have a great Sunday.

Mark

You dont have to feel guilty. VA compensation is based on the 100% whole person concept. If due to injury, sickness, or loss of limb you are less than 100% whole upon discharging, you might be due compensation based on the ailment if you meet VA standards for compensation. Not all military personnel see the battle field; however the United States Military is a coordinated team effort of every branch and specialty code. The goal is to promote democracy, protect the constitution, and provide the light of opportunity for all. All service members play a part in the United States having the best military in the world.

Illinois and California do as well. You can be rated as low as 0% in California.

I don't remember if i posted this or not I have CRS can't remember sh$t. So here goes both my daughter and step daughter got a free ride in college thru the state of VA. Virginia has a program if you ate 90 percent disabled and served in a war they will pay for all classes and fees for any Virginia public college. It also is good for a spouse.

I agree , send that NOD form in ASAP. There is a new form for NODs but this form is not mandatory



And absolutely send in any evidence such as a IMO, diagnosis ( is this a new diagnosis within the IMO) and EVERYTHING you feel will support the claim you are appealing.


In my opinion the NOD is the first avenue of attack and should be prepared in that way. Tell them why they are wrong and refer to and enclose with the NOD any evidence that shows they are wrong, such as IMO etc etc.

"Actually, all evidence will be new since we sent in absolutely nothing before. "

You mean you didnt send in any evidence with the reconsideration?????

If so, in my opinion that request will fail anyhow so best to get that NOD in on time.

" DAV said that even after filing the NOD, the reconsideration would continue and it wouldn't have to go into that 2 year or so that is common for a DRO.
That's not the impression I have gotten from reading here. Is DAV hopefully right about this?"

I guess he means you could request a DRO review or something, but if there was no evidence sent in with the request I dont see how that will help


Did he have the C & Ps yet for PTSD and the HL claim?

Some time ago I was shocked that you had stated he didnt even have a C & P exam and was denied but without seeing the actual decisions, it is hard to even guess.

Do you have the C & P results? If they did do a C & P exam.

Does the IMO doctor have those C & P results?





I am concerned about this:

"There are some contentions that he did not put into the reconsideration due to waiting on an IMO so they will go into a DRO. So, can he have a reconsideration active on some things and a DRO on others at the same time while still keeping the original date on the ones in the reconsideration due to filing the NOD on time? All contentions were originally on the same claim."

The reconsideration request must be shaped to the denial and also the NOD must be shaped that way as well.

What specific denial was the reconsideration request filed on?

Have you obtained an IMO and for what claim? Did the IMO follow the IMO criteria here at hadit?

I am completely confused by all of these issues ,

but sure not confused about the need to file the NOD ASAP, as Gastone said, with any evidence that supports the claim.

Kate7772: Please, DO NOT LET THE OPPORTUNITY TO FILE THE NOD EXPIRE!!! It is the only way to keep your claim alive! I would advise that you file a NOD Immediately, yourself, send it Certified US Mail Return Receipt. I waited 11 mos to file my NOD back in 2010. Didn't have Reconsideration or anything else pending, just procrastination on my part. In my defense, I never heard from the VSO that filed the original claim after I left his office for the original claim in 07/2008. I currently help a number of Nam Vets,and my experience indicates that the only way you can be absolutely 100% Sure that your NOD has been filed when your get to the 11th Hour of the filing deadline is, DO IT Yourself! You can't afford to have a vso file your NOD requesting a DRO Review. and not specify that you are also requesting a personal hearing.

I would suggest that you immediately complete a VA Statement in Support Of Claim, available on-line. This is how I did mine in 2010, just for an idea. There is no official VA NOD form, even just writing it on regular paper is enough, state the following.

1. Please accept this as my formal notice of disagreement regarding the VA Claim Decision Dated --/--/----. note: this al thats necessary to put the VA on official notice regarding your NOD. You don't have to include the following but I did.
2. I stated that I was requesting a DRO Review with a Personal Hearing. I included the request for the "DRO with Hearing request" on every piece of correspondence regarding the NOD from that point on.
3. I specifically told the VA what Issues I disagreed with as well as what they awarded that I agreed with.

Sign It, Send It CERT-Mail return receipt. Or better yet, if possible, hand deliver it to the VA Regional Office. The Front desk will date stamp it and make a copy for you. At this point, better safe than sorry and more is better, as far as I'm concerned. Get it filed NOW, then we can discuss the "NEW Evidence" that you must provide to be successful with the DRO Review.

Good Luck Semper Fi
Gastone

will VA post back pay on ebenefits? back to 12/1/2013

I won for hears loss . 40% to 60% no more copay for 10 medication now.

I checked the letter generator (practically every day). One day it was at 90%, the next at 100%.

I am 100%, but I was Medically Retired last year from the Navy at 80%. When I left the Navy I got a job as a Federal Agent tracking Violent Sex Offenders as my family too needed the money. Infact what happened bud is that I Mental and Physical Health got worse and I had to resign 8 months later. I understand you having to work as I was working 2 secondary jobs and full time student my last two years that I was active. Basically if you think that you are that bad, then why not take the 100% VA if granted which is a big raise over your current 80%, and apply for SSDI. I too as most on here have a hard time being disabled. I was only 30 when the Navy retired me last year. You know how many nasty looks I get when I get out of my Car, or when people ask my wife why I just sit at home. They don't know looking at me that I have Crohn's Disease, TBI, PTSD, or the fact that I have had 15 surgeries over the last 5 years. No one on here will question you, what we are trying to say is that, if you are in bad shape are you willing to lose your VA money by working. I will never be rich off of what the Govt gives me, but I can live a good life off $7500 a month. God Bless and good luck

I agree with Iraq Vet. Congress recently approved 17 billion to go to the VA and help reduce wait times for Vets, as many Vets died waiting on an appointment. So, I have heard somewhere else that Vets may get more choices, especially when VA cant or wont serve you, because of a long delay.

Its absolutely crazy that my wife gets better care than I do...she gets champva, and can go to any doc, while I have to get in very long lines at the VA and I am the disabled Vet, and she never served.

Champva is superior to VA in many ways, and they may be opening this up for Vets to get private care instead of VA. If this is indeed happening, then that would be a very positive change.

Yes but I wouldn't take no one words for it. Log into ebenefits and put in a new dependant claim. You just never know.

From your story, I am seeing some indicators for the cluster symptoms for GWI. (I'm not a doctor, of course, but your case sounds similar to other PGW cases I've handled).

You probably know this, but GWI is covered in the regs at 38 CFR 3.317.

Here's a general methodology that my Firm uses in GWI Cluster Symptom cases....

(Quick Caveat: keep in mind, this is not legal advice, and no post by me in this forum can substitute for legal advice from an accredited attorney. This is just meant to educate you about the procedural steps involved in claims like this)

Here are the procedural steps my firm follows in GWI Cluster Symptom cases:

1) Document every symptom and limitation you are facing. I say "screw the 21-4138"....my attorneys and staff use the Sworn Declaration form (linked below). Here's why I say "screw the 21-4138".

2) Have anyone that you know - spouse, friends, co-workers - document the symptoms and limitations that they are witnessing. Consider using the Sworn Declaration my Firm uses.

3) Get a copy of all of your military service medical records - and all of your post service treatment records (VA and private)

4) Get a copy of your VA Claims File. Here's what that is and 3 ways to get it:

5) Take those to your primary care provider - or better, a medical expert - and request that the a medical opinion as to whether these symptoms are a diagnosed condition, or whether they are cluster symptoms which evade diagnosis. Ask that he/she specifically opine whether the "cluster symptoms" are related to your military service. And don't forget to ask that they use THESE "Magic Words" in their opinion.

Hope that helps. Sorry you are going through all that.

Chris

Thanks for the responses. I just got logged on. My claim has been in the PFD stage for a month and I've been logging on a lot to see what the status is. Guess I should just forget it and stop worrying about it. Thanks again

They are trying to sober up Peggy C Boyd.

No Prep for Decision can be fast or slow, and even go back to gathering of evidence for some crazy reason. I agree with the other guys, try to be calm, and only check your Ebennies on Mon and Fri. Good luck and keep us posted

Iris is peggy's sister.

I have written congressmen and senators, newpapers, IRIS etc. about problems with VA health care. I don't bother asking about claims. I know that is usually a black hole. Nobody calls me back except something unrelated to the issue I raise. I know how to get money out of them, but it always takes planning, evidence, understanding of the rules of the game, and time. I told them I wanted fee base for all my dental care after making me wait a year for a cleaning, and exam because I was sick the day of an appointment last year. They are punishing me for calling in, and trying to reschedule my appointment. In the meantime I have spent $7000 getting implant, and two new crowns. I want to get paid for that, and I know what I have to do. I have to go to fee base and put in claim for "unauthorized care/payment". I did it before but it may not work this time. The VA just refused to do a crown for me, or an implant after pulling one of my teeth. They did such a poor job on one tooth it cracked and had to be pulled since it was already a root canal and crown. I have to get a partial or implants. I do think they want us all just to get dentures so we never come back to have our teeth worked on again. I plan to take my natural teeth to the grave.


John

It is possible. While waiting for my rating notification, I was checking ebenefits almost daily. Then one day I received an e-mail deposit alert for my direct deposit account. I checked my account and discovered a $34,000. deposit made by the VA. I immediately checked ebenefits and discovered I had an updated AB8 letter showing 100% P & T.

Good luck.