Waiting And Nervous

[CaravanDan]

Since the last time I looked for help here w/no success--I searched the Internet and finally came up with someone willing to help,I found out that my claim that I filed a few years ago for Guillain Barre Syndrome and was given Medical only by the VA-- should have been Rated and triggered a VA Reconsideration to determine if my discharge was under Other Than Dishonorable conditions. For some reason they didn't do this........... Thanks Dan

Edited April 18, 2016 by CaravanDan

[Berta]

This concerns me...

"I wanted so bad the VA to do a reconsideration but I guess that's going to take a LONG-LONG time STILL".

As all can see by the many posts, many here  tried to advise here on BCMR, DRB stuff  and we still  dont know the results of that.

I think Dan means he filed a reconsideration of a negative Character of Discharge decision by the VARO.

If a NOD was filed timely ( within the first year after the denial), and if you are still dealing with Buffalo Dan, they take a LONG time dealing with reconsiderations, as I well know.

I just read a BVA decision whereby the vet , who had a OTH, did succeed in getting service connection.But he had gone through the DRB or BMCR process first.

Can you scan and attach here the denial of the COD decision? (cover your C file # and name etc prior to scanning it)

I dont think you have ever attached any VA results of your claims.It is the exact words of the decisions that can help us to help you.

I only filed for a reconsideration once. (My SMC CUE claim) And I also filed the NOD ,but within days of the NOD deadline, as VA sent me a lot of rhetoric, which appeared for a while they were working on the reconsideration claim. I realised at some point they were just trying to piss away my NOD deadline. No way Jose on that!

The SMC CUE claim, filed in 2003, was awarded in 2012, because luckily it went to a different VARO, due to Nehmer, and that VARO ,unlike Buffalo VARO, could read. 

At one point during the NOD time period they tried to make up a regulation in order to deny, which did not work, and also they said it was with a "specialist" who understood CUE claims. I still think their 'specialist' was the guy who filled their paper cup deispenser at the RO water cooler. By time the claim was set for a BVA transfer no specialist had looked at the claim.But I kept a watcvhful eye on this claim because I knew it was solid and that the BVA would award it.Still, it was filed prior to my AO  IHD death claim and contingent on a proper rating of that claim, so I wrote to the Nehmer VARO asking them to adjudicate the CUE properly and they did.

(I am saying this wrong it was not only a SMC CUE filed in 2003  but also a IHD CUE claim filed in 2004)

Was your NOD filed within one year of their denial? Do you use ebenefits or have you called Peggy lately for a status?( Peggy- VA  1-800-827-1000)

You have to keep on Buffalo, as to following the status of anything you have there.And I always, for every claim I had at this RO, made sure I had a postage receipt of any evidence I mailed, and then I checked to make sure they got it.I assume you raised a good reason, such as sending them additional evidence, to support the reconsideration request. Maybe they denied because of any results from DRB or BCMR but we don't know what those results were.

I had a problem locally with a wife of a Desert Storm vet who thought he was "service connected" ,and told people he was,but he had no service connected rating at all.

She thought because he was a Lt.Colonel and a Retiree , who served in a war zone, that alone  meant he was "service connected." She didnt understand that service connection is a legal and medical determination that must come from the VA if a formal claim is made on  disability (ies).

He had never filed a VA claim at all.

 

 

 

Edited September 16, 2017 by Berta

[CaravanDan]

5 hours ago, Berta said:

This concerns me...

"I wanted so bad the VA to do a reconsideration but I guess that's going to take a LONG-LONG time STILL".

As all can see by the many posts, many here  tried to advise here on BCMR, DRB stuff  and we still  dont know the results of that.

I think Dan means he filed a reconsideration of a negative Character of Discharge decision by the VARO.

If a NOD was filed timely ( within the first year after the denial), and if you are still dealing with Buffalo Dan, they take a LONG time dealing with reconsiderations, as I well know.

I just read a BVA decision whereby the vet , who had a OTH, did succeed in getting service connection.But he had gone through the DRB or BMCR process first.

Can you scan and attach here the denial of the COD decision? (cover your C file # and name etc prior to scanning it)

I dont think you have ever attached any VA results of your claims.It is the exact words of the decisions that can help us to help you.

I only filed for a reconsideration once. (My SMC CUE claim) And I also filed the NOD ,but within days of the NOD deadline, as VA sent me a lot of rhetoric, which appeared for a while they were working on the reconsideration claim. I realised at some point they were just trying to piss away my NOD deadline. No way Jose on that!

The SMC CUE claim, filed in 2003, was awarded in 2012, because luckily it went to a different VARO, due to Nehmer, and that VARO ,unlike Buffalo VARO, could read. 

At one point during the NOD time period they tried to make up a regulation in order to deny, which did not work, and also they said it was with a "specialist" who understood CUE claims. I still think their 'specialist' was the guy who filled their paper cup deispenser at the RO water cooler. By time the claim was set for a BVA transfer no specialist had looked at the claim.But I kept a watcvhful eye on this claim because I knew it was solid and that the BVA would award it.Still, it was filed prior to my AO  IHD death claim and contingent on a proper rating of that claim, so I wrote to the Nehmer VARO asking them to adjudicate the CUE properly and they did.

(I am saying this wrong it was not only a SMC CUE filed in 2003  but also a IHD CUE claim filed in 2004)

Was your NOD filed within one year of their denial? Do you use ebenefits or have you called Peggy lately for a status?( Peggy- VA  1-800-827-1000)

You have to keep on Buffalo, as to following the status of anything you have there.And I always, for every claim I had at this RO, made sure I had a postage receipt of any evidence I mailed, and then I checked to make sure they got it.I assume you raised a good reason, such as sending them additional evidence, to support the reconsideration request. Maybe they denied because of any results from DRB or BCMR but we don't know what those results were.

I had a problem locally with a wife of a Desert Storm vet who thought he was "service connected" ,and told people he was,but he had no service connected rating at all.

She thought because he was a Lt.Colonel and a Retiree , who served in a war zone, that alone  meant he was "service connected." She didnt understand that service connection is a legal and medical determination that must come from the VA if a formal claim is made on  disability (ies).

He had never filed a VA claim at all.

 

 

 

Hi Berta, I am very emotional as we are in dire straights financially and borrowing money even for gas to get to Doctor appointments an that was what I really wanted to Know >Can I get Mileage for going to MY private doctor for my service connected conditions.. Next was if the VA would pay my co-pays I pay on my Insurance I use for service connected Conditions?  I think with out going back through past post I have posted what I have been service connected for and Granted service connection By the VA.. Guillain Barre syndrome-Sleep Apnea with Cpap-Swallowing-Scars-MDD-PTSD- Liver claim 2009 was only claim that they said they needed more Time for and that was  in I think was 2012 or 2013. and upon us requesting an Update on that claim they now say they have NO record of it at all,, surprise -- surprise ,, 8 years and counting on Liver claim.. Yes>OTH can receive healthcare for service connected conditions -BUT- we DON"T get rated.. so figure that one out? I was told by sources that I'm way above 100% VA MATH and into I think M or L special with Loss of use...

[Berta]

I found this link at hadit that explains the Choice Program:

https://www.va.gov/opa/choiceact/documents/Choice-Program-Fact-Sheet-Final.pdf

Hopefully if someone here has used it, I hope they chime in.

I found this about the Mileage benefit

https://www.va.gov/healthbenefits/resources/publications/IB10-621_beneficiary_travel_faq.pdf

Being  a civilian myself , I have no idea how these programs work but veterans here would know.

 

[CaravanDan]

On ‎9‎/‎17‎/‎2017 at 9:45 AM, Berta said:

I found this link at hadit that explains the Choice Program:

https://www.va.gov/opa/choiceact/documents/Choice-Program-Fact-Sheet-Final.pdf

Hopefully if someone here has used it, I hope they chime in.

I found this about the Mileage benefit

https://www.va.gov/healthbenefits/resources/publications/IB10-621_beneficiary_travel_faq.pdf

Being  a civilian myself , I have no idea how these programs work but veterans here would know.

 

Hi Berta, A windfall came my families way so we are good for now. I don't want to get into a lot if detail in here as I believe the VA monitors everything said in here and is hell bent on making sure they get anything on any veteran they can especially someone like me that should be collecting disability... They got off Scot free for many many years and they want to make sure it stays that way! As you are aware many changes now for Veterans with PTSD with OTH discharges.. We have things in the works that I may share one day should I live long enough.. I from time to time to ask for help an do an update... Thanks for your help..

[Berta]

Yes , somethings have changed  ,grown out of the Class Action lawsuit mentioned in this 2017 article from Hill and Ponton:

https://www.hillandponton.com/changing-honorable-discharge-due-ptsd-related-symptoms/

Matt Hill, veteran’s lawyer, is a member of hadit.

As this link shows

“Five Vietnam combat veterans and three veterans’ organizations filed a class action lawsuit in federal court on March 3, 2014 seeking relief for tens of thousands of Vietnam veterans who developed Post-Traumatic Stress Disorder (PTSD) during their military service and subsequently received an other than honorable discharge.

On November 14, 2014, the claims of the five named Plaintiffs were remanded to their respective record correction boards for reconsideration on an expedited schedule ordered by the Court and in light of a Department of Defense policy change issued on September 3, 2014. The Court also dismissed the claims of the organizational Plaintiffs without prejudice to refiling the case. In spring 2015, the respective record correction boards granted upgrades in all five remanded cases. For more information, please follow the links below.”

The links in the article provide much more info.It could be higher than 5 veterans by now,

As this link suggests:

https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/vva-and-nvclr-v-dod-ptsd-upgrade-foia-suit

https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/monk-v-mabus

 

[CaravanDan]

On ‎2‎/‎5‎/‎2018 at 7:51 AM, Berta said:

Yes , somethings have changed  ,grown out of the Class Action lawsuit mentioned in this 2017 article from Hill and Ponton:

https://www.hillandponton.com/changing-honorable-discharge-due-ptsd-related-symptoms/

Matt Hill, veteran’s lawyer, is a member of hadit.

As this link shows

“Five Vietnam combat veterans and three veterans’ organizations filed a class action lawsuit in federal court on March 3, 2014 seeking relief for tens of thousands of Vietnam veterans who developed Post-Traumatic Stress Disorder (PTSD) during their military service and subsequently received an other than honorable discharge.

On November 14, 2014, the claims of the five named Plaintiffs were remanded to their respective record correction boards for reconsideration on an expedited schedule ordered by the Court and in light of a Department of Defense policy change issued on September 3, 2014. The Court also dismissed the claims of the organizational Plaintiffs without prejudice to refiling the case. In spring 2015, the respective record correction boards granted upgrades in all five remanded cases. For more information, please follow the links below.”

The links in the article provide much more info.It could be higher than 5 veterans by now,

As this link suggests:

https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/vva-and-nvclr-v-dod-ptsd-upgrade-foia-suit

https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/monk-v-mabus

 

I would reply to this as I have a few time but some reason this site freezes up after I write for 5 minutes and loose everything...

Edited March 12, 2018 by CaravanDan