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Showing results for tags 'dav'.
Found 17 results
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I decided to use DAV to help with my appeal. When I went in to see the lady and I was very disappointed. She basically argued with me about my appeal, she couldn't figure out the dates on my claim, and she couldn't answer my questions without sending the question to someone on the other end of her computer. I took it for about 30-45 minutes asked for my paperwork back, I told her have a nice day and left. I was mad all day! Lol. I guess I'll go back to my VSO. I really don't know how this lady got her job because she knew nothing. Anyway I hope everyone using DAV has better luck than I did. -
Just wondering what this might mean on va. gov, comp and pen is showing Awaiting Release of funds- SSD and details show Attorney Fee Memo- AAFC Authorized Award (New). I use DAV as my Rep. I don’t understand SSD, is it possible the DAV signed me up for Social Security Disability? Just wondering what all this means, could be an old lawyer just trying to squeeze more money out of me!
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Good day to all. A little background before I get to my questions... I am a 70% disabled veteran and was recently let go from my job as a service technician. Admittedly, the job was hard on me because of my main disability (back condition). The owner of the company gave me a letter that stated I was "laid off" on a permanent basis. Essentially, I was fired. I was "laid off" the day after I came back from a week off for recuperating after aggravating my back condition on the job. I did have a doctor's note and the owner was already aware that I was a disabled vet. During my meeting with the owner I told him that I knew he was letting me go because of my disability issues. He said nothing. I have a good rapport with the office manager. She said she would add something to my "layoff" letter or possibly write a letter for me that I can have for VA purposes. Now, on to my questions: I'm unsure as to how I should phrase the letter. Should I just have the office manager put a sentence in my original layoff letter that states "Unfortunately, due to the nature of this position, no reasonable accommodations can be made" or "Unfortunately, due to the nature of this position and your physical limitations, no reasonable accommodations can be made?" Or should I ask if she would type an entirely new letter for me? If so, what should I have her write? Would this letter hold any weight on my behalf when I go for a re-eval? This leads up to my second question. The 20-year anniversary is coming up on my rating. Which means, if I'm not mistaken, that the VA cannot decrease my rating unless they can prove fraud. Is that correct? I'm waiting for that anniversary because frankly, I do not trust the VA. If I go before that time there's always that small chance that they could find a way to decrease my rating. And I just cannot risk that. If my rating falls below 50% not only would I lose 20% of my VA income, but also my retirement concurrent receipt. That would be a devastating blow, and that's the main reason I'm waiting for the 20-year mark. Should I have an organization like the American Legion or DAV work on my behalf? Or should I look at getting a disability attorney? Not sure which is better. I do know that a caring and knowledgeable representative is hard to find. I do see VA disability attorneys often on YouTube but I'm not sure which one to go with. Any suggestions would be very helpful. Thank you for taking the time to read my post. All replies are very much appreciated! -
Please, welcome new VET2VET podcast episode: https://youtu.be/waV5t0HPtbM Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region. Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997. Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region. DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area. ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
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Confused (sort of) about DAV Unofficial Notification
OldJoe posted a question in VA Disability Claims Research
Got an unofficial notification from the DAV about my DRO appeal stating that they were giving me an earlier date for my tinnitus (that baffled me) and that they were granting me 40% for my back (degenerative arthritis). My appeal was for secondary service connection for my knees, there was nothing about my knees in the "unofficial notification". So I went to the closest regional off and was finally seen. They looked up the "official" notification (SOC) from the VA and it stated nothing about my back but stated that they had denied me my secondary claim on my knees stating that the Dr couldn't find anything to connect my claim to either my back or the service (um, always thought knees went when back went, so secondary was almost a given, then again he did specialize in cardiology). In someways I am not that surprised, but I am wondering about the "unofficial" notice both the "unofficial" and "official" where dated the same (July 5th) I cannot believe in a matter of a few moments the VA totally changed their decision. So that has got me flummoxed. What makes this unique is that if the 40% for my back was based on the one medical entry that they didn't use for my initial claim back in 95/96. I was never able to get anybody to write me a nexus letter for this so I could "officially" reopen the case. If the "unofficial" letter holds true and I am just waiting on other paperwork to be finalized then they have all but argued CUE and handed me a win without even trying (I know the VA will never give up that easily). The entry stated scoliosis and that it was a recurring issue, their determination was based on an earlier entry and stated in black and white they could not find any other entries. Can you say "gotchya"? Getting a letter now for my knees should be easier since I have some indication that the VA does ("did") give some indication that they felt that my evidence did indicate connection to the service concerning my back. Can anyone possibly clue me into what might be going on? Did the DAV totally get it wrong? Or, is this just part of the whole overall process and I am only seeing part of it? -
I have watched for years now our 100% PT Service Connected Disabled Veterans, who served our Country, served her proudly and through no fault of their own, were injured, honorably discharged and unfortunately unable to have the opportunity to committ to a 20 year career and now being passed over and denied again and again, the benefit to be eligible for the DoD's Space A Travel Program while other non uniformed service personnel whom never served, get added into the Eligibility Categories as if they were the cat's meow! It's time to RIGHT THIS WRONG! It's time to stand up and be heard, listened too and taken seriously! Let's get the word out there! Let's get it out there Loud & Proud and hopefully see a change this time! :) I have started a Petition to send to President Obama and to Congress about finally following through and amending the DoD 4515.13-R Regulation to include a "Category 7 entitling 100% PT SC Diabled Veterans" for the Space A Travel Program. I am hoping the way I have written the petition and the way I wish for them to amend the eligibility categories that it will pass without concerns and/or complaints from the nay sayers, the Joint Chiefs, DoD, The Secretary of Defense, the military uniform service members, DoD employees, 20 year retirees and/or any other eligible personnel. The Petition is asking to add an additional Priority Category 7, which will be the Category that includes our 100% PT SC DAV, hence placing them at the bottom of the Priority list for any available passenger seating that may be open. I am hoping this will make everyone happy. The DAV will finally be eligible and have the opportunity to benefit from the Space A Travel Program without any other eligible uniform category member to give up their priority listing. If you wish to help our DAV receive this benefit, please click on the link below and sign the Petition. Thanks. :) http://petitions.moveon.org/sign/space-a-travel-eligibility -
Expedited Claims without cause?
Victor Ray posted a question in VA.gov Questions (formerly E-Benefits)
DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization. Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you! victor ray -
Please, welcome new VET2VET podcast episode: https://youtu.be/9paX1-FyCaI Today we’re talking about SERVICE CONNECTION. When we talk about service-connecting a medical condition, disease, injury or illness to military service, we are talking about proving the relationship between the two. 1) Direct Service Connection 2) Service Connection by Aggravation 3) Presumptive Service Connection 4) Secondary Service Connection 5) Service Connection due to Injury Caused by Treatment in the VA Healthcare System 6) Special Service Connection Rules for Post-Traumatic Stress Disorder ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
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Please, welcome new VET2VET podcast episode: https://youtu.be/sTH3p-WwXn0 The way VA defines The word "permanent" slightly differently. For that matter, the word total doesn't mean total when discussing a disability. These are just terms to VA. There really isn't a protected rating. Any rating can be modified by VA at any time, depending on the circumstances. How do you know if your benefit is P & T? What is IU? What is substantially gainful employment? Are there any other eligibility requirements? How is the way VA decides total disability different from other agencies? TDIU awards may be permanent or they may be temporary. If I get a 100% rating, should I continue fighting the VA for benefits? SMC compensation Can you think of any other scenarios were a Veteran might want to keep filing to VA after they reach a 100% rating? ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/veterantoveteran/ ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/veterantovetera/lists/vet2vet ▶ youtube.com/channel/UCebXFpogeJ9r4EqRyxHriYQ ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
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So I received the DAV "official" letter last night in the mail ATTACHED. I am curious as to why the 100% temporary evaluation is June 3rd, 2015 to October 1, 2015???? Look at numbers 2 & 3. I also got SMC housebound for the same dates. What is puzzling me is I had my surgery to my right foot January 6th, 2016. I know my right foot is not yet S/C as it is under appeal but I was granted the 100% temporary evaluation for my left ankle b/c it caused my fracture to my right foot. Any idea why they went back to 2015???? The dates they awarded me the 100% temporary evaluation, does that mean I am getting 4 months at 100%? #7 and you will see the wording "not shown" for right foot. I am very happy they gave me the 100% temporary evaluation but puzzled about the dates. #5 - My left ankle stayed at 10% but they added additional contentions to it. Will I also get a re-evaluation for my left ankle you think? Will I get the back for the increase from 60% to 70% with my temporary 100% for the four months? I am still waiting for the BBE to come in the mail. DAV letter.pdf
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So I am freaking out because a lot is going on right now and on top of it my NOD review hearing is Friday!!! I am nervous but I think I have my timeline laid out and what I want to discuss with the hearing officer. I still have yet to receive my missing medical records even though I have tried unsuccessfully over the past 1-1/2 to get them. I requested them several times and most recently had my congressman assist me. I see a FOIA request as of today but that won't help me with my hearing coming up Friday. Without them I am up the creek without a paddle for my right foot fracture (NOD). It sucks but all I can do is go in there and try to show that I requested them several times along with my other evidence I have. This NOD is for my right ankle sprain (DENIED); right fracture 5th metatarsal (DENIED); and my left foot w/toe condition (DENEID) back in November 2014. Original claim date was May 2013. Since filing this NOD as some of you know, I do have a pending FDC claim that I filed on 1/12/16, and as we speak it's in Preparation for Decision. Ironically it is for my right foot (fracture of the 5th metatarsal again) due to the left ankle giving out; left ankle increase; and 100% temporary convalescence for the surgery to the right foot. I am not sure if I will WIN this FDC b/c the right foot has yet to be S/C since I have been waiting on this NOD, however, the left ankle is a direct result as to why I broke my right foot on 12/24/15....so we will see! I even have a great IME from my VA Podiatrist for this FDC Regarding the NOD, I have SMR's reflecting the fracture to my left ankle in service, and the SMR's show toe/nerve damage when I did fracture the left ankle, yet I was denied left foot/toe condition and only awarded 10% Left ankle synovitis. When I received the first Award letter with the denial to my toe condition they had it on the wrong foot! They noted it on the right foot. At that time my right ankle sprain and right foot fracture were deferred. I filed a CUE citing they adjudicated the wrong body part and requested they fix the error. My right foot/ankle was sprained in service and the right foot/leg was injured in service HOWEVER I can't find any medical records to s/c the right foot 5th metatarsal fracture in service! It sucks because I know I fractured it. I have good letter from my VA Podiatrist Doctor for this NOD (New Evidence) (SEE ATTACHED), I have a picture of me holding my daughter with my left foot in a cast (circa 96), which was my second fracture to the left ankle/foot (new evidence), I have two additional SMR's I found pertaining to my left/right feet/ankles (NEW EVIDENCE), and I want to go over the previous submitted paperwork that was used for the basis of the denial. The evidence already submitted is what I really want to focus on b/c I had two DBQ's provided by my podiatrist from the outside before I was able to see medical treatment from the VA stating BOTH my ankles had synovitis, as well as the toe condition (morton's neuroma); and feet issues. All of this was stated by my private doctor back in 2013 that he reviewed my SMR's and that he agreed that my feet/ankle issues were related to my in service injuries yet the ONLY thing I was s/c for was 10% Left Ankle Synovitis!!! Since this is an NOD and it is considered "De Novo" (latin for "from the beginning") I want to discuss everything with the review hearing officer and see if he/she actually reviewed the original evidence or not. I created a timeline for the NOD as well to discuss everything in order from the day I filed to present. I have to convince the reviewing officer that it was in service and s/c and that I should be granted the award. I feel good about my left toe condition but my right foot not so much... It's kind of confusing b/c even though I have the NOD in, I also have the FDC in for the same right foot/left ankle crap LOL....
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Okay so I received this letter DAV letter_Redacted.pdf and I am questioning myself as to whether or not to use them? I hired a DAV rep in 2013 when I lived in DC but I haven't spoken to any DAV rep in over 1-1/2 years. The WACO DAV knows NOTHING about my NOD. We were just talking about this in another thread about releasing your POA. Is it wise to go without a DAV rep? I think I am my own best advocate and I am a bit worried he/she will not know anything about my NOD. Thoughts?
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I am a 100% DAV for PTSD, DMII, and a handful of other maladies. I heard something today that has raised a BIG Q. Am I or am I not allowed to earn any income without jeopardizing my SSDI benefits? Thanks, Jim Gilmore 307 FMS U-Tapao AB, Thailand 71-72 617 MASS Da Nang AB, Vietnam 72 616 MASS Tan Son Nhut AB, Vietnam 72-73
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I began a claim in August 2013, after going to the VAMC for the past 12 years from time to time for what they now call "anxiety and depression". I initially went to the VARO and they initiated a claim for "anxiety due to physical assault in basic training" and "back condition". Only on my second visit to the VARO did they provide me with Form 21-0781 for determining PTSD. The VAMC according to my medical records have never used the term "PTSD" in my file as of yet. I have since gone to the DAV for representation, thanks in part to the great information on this website. I gave them my buddy statements to submit on my behalf since there was no documentation of the assault at the time. I am concerned that as of today by file has been moved to the "Preparing for Decision" phase on eBenefits webpage. They estimate my claim to be complete between Jan 2014 - April 2014 - moving the window up one month from last week. That means my claim could be complete in less than six months total time. I know I should be happy that it's not taking two years to complete, but this is almost too fast, maybe? They did the C&P for my back in October already (and have military documentation of a back condition on active duty), and I was not happy with the results when I read my records. I was unprepared and had not talked to the DAV yet, and didn't realize they rate your range of motion and not whether bending over causes you pain or not. I have never done a C&P for PTSD or anxiety. Could they be using my medical records and buddy statements and not require a C&P? Or could that still happen? I'm a bit naive on this whole process. I didn't even know there was such a thing as SC disability unless you got hurt in combat. Any help, thoughts, suggestions would be appreciated. Thanks. -
My BVA claim was remanded to my regional office in St. Pete, Florida. There, they denied my claim for Fibro(Diagnosed and confirm) and High blood pressure (Diagnosed and confirm) even though, I am a gulf war vet that served in the Asian pacific theater (Iraq) as well as being diagnosed with HBP within one year of leaving service and have been on medication since then. Anyhow, on August 31 my claim arrived at the DAV up in D.C. It has been there now for 3 months and those lazy bastards have yet to get to it. I called they stated that they have between 30 to 90 days to get to it. And no doubt they are taking the FULL 90 days. I have questions for those who have been in my same situation 1. How long did it take after they got to your claim was it completed to be sent to the Judge? 6 months, 10 months, 4 years? 2. How long after that did it take the judge to complete your claim? 1 year, 2 years, or 4 years. After 10 years of dealing with the VA my patience is running thin. Thank you in advance. -
Not sure if what I was told was true, but I just talked with my DAV guy. He said the Montgomery VARO is not working on any appeals until the end of the year. He said all staff, including DRO's, are exclusively working claims. Anyone else hear anything about this? -
Hope everyone is getting through their week and staying warm. Had yet another rough night followed by an appointment down at the Denver Regional Office. Need some clarification if any of you have the time and would truly be appreciated. 1. Decision on my PTSD from the VA was dated in May of 2011 (Woman I speak with in regards to these issues and daily struggles recommended me around 50-60%) was awarded 10% 2. (please no acronyms, haha, very confused) I am under a year since the decision and very very much so disagree with the decision the system came to. The Woman that conducted my C&P Exam was rude and judgmental thus I no longer wanted to speak to her. In addition my misconceptions of how the whole thing works did not understand that during this exam it was my time to open up to the things that I struggle with. (odd thought on this one- PTSD= mistrust, so why does the VA think we will just open up our dark world to a stranger....beyond me) 3. The DAV has requested for a reconsideration in my behalf. (what is the difference between an appeal and reconsideration?) My service officer said based on my evidence I submitted in Nov of 2011 I should have a new rating in 30-60 days based on the regional offices average rate of addressing these issues. Am I mistaken or reading in to this in any way? 4. Today I did submit documentation regarding my use of a service dog to help me cope with crowds and my both physical and emotional reaction to situations. I wish you all well. The dreams have recently become more vivid and daily activities seem to be harder for some reason. Had a huge break down over the weekend but trying to stay strong. Semper Fidelis, Mike and Colt
