Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

I Am Really At A Loss Here....

Rate this question


SteveE9C6

Question

I got my letter from the VA on Friday. This was my appeal.

I applied for disability related to PTSD in 2006. When I tried to do the initial stressor statements, I just couldn't do them. They denied it because I never submitted anything. Ok... so I appealed, submitted copies of my treatment record from my private shrink for the last several years.

I did the stressor letter, researching dates, names, etc. It wasn't hard to find the names and dates on the wall. It was however, very hard to sit down and write it all down.

Regardless.... they awarded me 30% and also agreed that the stressors I submitted had occurred. Hey! that is a huge improvement. The first time I went to the VA PTSD clinic in College Station Texas (referred by my Psychiatrist) the social worker/intake lady informed me that "You can't come here... You don't have PTSD". I was stunned to say the least. I showed her my VA prescriptions and she said "Well, you are probably just depressed or something". I left so angry and confused that I couldn't even think straight.

Before this, I had never applied for PTSD disability. I'm relatively financially secure and have military retirement. Besides, I was already getting 60% for svc connected stuff. I talked with my psych doc and we agreed to just blow it off. I was fine. I didn't need the VA to affirm my symptoms. But then... I got the news that my Diabetes was almost certainly related to Agent Orange exposure in the Central Highlands. I talked to the texas state VA rep and he advised me to file for that. I sat down and filled out the papers and then decided to include the PTSD.

Ok... I was given diability for diabetes related to AO. It was increased because I have neuropathy in my feet.

I got a letter... now I have 80% But the PTSD refused because as noted above, I never did the paperwork.

I did the paperwork and Friday got the letter that says PTSD is approved at 30%

BUT... here is what I am confused about. "YOUR COMPENSATION WILL NOT CHANGE"

uhh... ok. so I get and additional 30% combat related svc connected disability and it doesn't bump my comp at all?

Very confusing.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

something is not right if I read your post right. If you had 80 percent then received and additional 30 percent your rating should have went to 90 percent. Its all VA math.

80 percent leaves you 20 percent non-disabled

then you get 30 percent. You will get 30 percent of the remaining 20 percent.

20

x.30

--------

= 6 Now you add this 6 percent to the 80 percent which gives you 86 percent disability. Since the VA rounds up and down this 86 percent would be rounded up to 90 percent. hope this makes sense.

Link to comment
Share on other sites

If you go to the front page of hadit under claims sction there is a Service Connected Disabilities Calculator where you can put all your numbers in. Then come up with the VA math.

Ya the last 20 to 10 takes a lot I am at 90 and will take another 70% to get to 100%...go figure

Boats

Link to comment
Share on other sites

Thanks guys... I do not have all of my numbers here so I will have to wait until I get home to enter them. Yeah... I already have 80% of which 60% is direct combat related. I'm a CW3 retired at 24 years svc so I already get retirement. Reading thru this site, I have just realized that I have two other conditions that I got a 0% (but svc connection established) on because I didn't have active complaints at the exam time. They asked and I said "oh that is doing ok". Which to me meant, stable and unchanged. Apparently the examiner felt that this meant "no problem".

Edited by SteveE9C6
Link to comment
Share on other sites

The original 80% rating could be anywhere from 75-84%. As Ricky showed, if it was 77% then it would be 23% remaining which would be 23 x .30 = 6.9 + 76 = 82.9 rounded down to 80%.

You really have to plug in all the percentages when you get a new rating to get the VA math figured out.

Link to comment
Share on other sites

  • HadIt.com Elder

Disabilities as a result of agent organge are considered as related to war service for some compensation purposes. It is not direct combat related but in the same category as someone who is injured training for combat like jumping out of airplanes etc. Of course, if you never went to Vietnam you never would have been exposed to AO so it should be related to war service in a combat zone. I think us guys who got hurt by AO should have a special badge with a steel drum painted orange and a death's head.

Link to comment
Share on other sites

I guess us guys sitting on the veranda over looking the Mekong River at Nakhon Phanom Thailand never had a chance to be exposed to AO. The only problem is Agent Orange came from NKP via C123 aircraft fitted with spray units to spray AO over Vietnam, Laos, and Cambodia. NKP as well as most of us non-combatant Air Force weenies at other Thailand bases were expossed via wofking on C-123s and our spraying of base perimeters to kill jungle vegetation. You know a person serving in the states during World War II was considered a veteran of WWII but us Thailand weenies were just there for the show.....I am a Vietnam Veteran and I never put my boot on VN soil.....I and others in Thailand worked around the clock rescuing downed air crews and running interdiction missions along the HO-Chi-Mihn trail. and yes we were subject to attacks by the enemey.

Edited by rthomass
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use