Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Waiting And Nervous

Rate this question


bluenote

Question

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 by CaravanDan
Link to comment
Share on other sites

Recommended Posts

  • 0
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

 

Seems like the same ole crap still takes place when it comes to OTH-PTSD Upgrades...http://www.vfwpost8862.com/feed-items/veterans-with-ptsd-less-than-honorable-discharge-allege-bias-and-file-federal-lawsuit-against-navy-hartford-courant/

Link to comment
Share on other sites

  • 0

Okay here to say a few things.. First I'm not giving up on my type Discharge and making it change~~~!! Second ~~ There was a time I asked if it was legal to tape when seeing a VA Therapist~!~ The reason being is they the (VA Therapist) seem to NOT report nor Mention MST when brought up to them the same goes for Physical and Verbal Abuse... Where is OUR ME TOO??????????? Why do WE not have FBI investigate when these Abuses may have taken place in a VA Hospital..Isnt it FEDERAL..Should'nt these Therapist REPORT in the records and then FBI~!??????? This is Total BS after seeing how things like this get attention when it comes to the Clergy and others that get accused~! This just burns my ass especially when abuse was done when someone was Helpless in a Hospital bed suffering paralysis~! I brought this up to my attorney that has handle these before and he said was common for them to IGNORE MST and ABUSE...If true they ignore >When is Enough a Enough?

Link to comment
Share on other sites

  • 0
  • Moderator

CaravanDan

    Thank you for your service.  I have "0" dog in the fight, I dont get paid by VA (or hadit), other than my SC compensation which I had to prove before I got it.  

     Make sure you understand...your C and P examiner has an agenda, and that agenda is set by the one who signs the examiners paychecks...the VA and not you.  

      There are at least 2 ways of getting a VA examiner on your side:

1.  Pay em to be on your side.  That is, hire an IMO/IME exam, and pay them about 2500 dollars or whatever they ask.  They will be on your side, then.  When we use the VA's C and P examiners, and none of our own examiners, why should be suprised that they "opine" in favor of the VA?  Would you not also do as your employer asked you to do, that is, to represent HIS best interests?

2.  Be extra nice, remembering reason 1, above, and win them over because they like you.  The VA will allow examiners to opine favorably for "a few" Veterans, just so it appears to not be rigged, even tho it is rigged.  I used this method.   I identified with my VA doc..he is blind...and he knows I cant hear hardly at all..so he completely understands what its like to be deaf, like I am, but not meet VA's "deaf" criteria.  Of course, the VA's hearing loss ratings are wacko in favor of the VA.  Most Vets, no matter how bad their hearing is, get 0 percent.  I was at zero percent even tho I could not use a "regular" phone (I have a close caption phone..and have had one for years and years), and, I can not watch movies also, without close captions.  Do they expect my (boss) to write out everything they say?  No, he wont do that.  He just hires someone else who can hear, then gets rid of me.  Its too much work for him to write down everything he tells me, so I understand.  Well, my blind doc "gets it"..that my hearing loss is so severe that people dont want to hire me.  Its pretty much like trying to get hired in a foreign country where you dont speak the langauge, and have no possible chance of learning to speak that language..ever.  

For people who dont speak English, to get a job here, they get the worst jobs in the country:  Things like making beds, or picking onions in the field.  Their boss (who is often bilingual) shows them how to pick an onion, and then points to a field of onions.  Or, shows them how to make a bed, and clean a room, and points to all the dirty rooms.  I can not pull onions, pick peaches, or make beds.  I have to be able to communicate.  I took college classes..on communications, such as English 111, English 112, English 301 (Poetry), Effective communications, Speech, and many other classes which are all about communications.  My college degree (virtually all college degrees require several years of English) and advanced communications is worthless.  I can not begin a new career as a farm laborer at my age 66.  

Still, md after MD does not understand why I "complain" about not being able to hear, why dont I just get a job.  However, each doctor has people in HIS office who "hear" and communicate with others.  The doc expect his nurse to carry out his instructions..now how could the nurse do that, if she does not understand what the doc says?  Virtually all jobs involve communications..this is why its emphasized in college.  Do you want to see a doctor who cant speak English?  I dont.  How would I tell him what is wrong with me?  I exxpect the doctor to understand ME, even tho I cant understand HIM, except, in the best of circumstances when he is willing to repeat himself over and over until I get it.  Most are not willing to do this.  

Link to comment
Share on other sites

  • 0
On ‎9‎/‎26‎/‎2018 at 8:02 AM, broncovet said:

CaravanDan

    Thank you for your service.  I have "0" dog in the fight, I dont get paid by VA (or hadit), other than my SC compensation which I had to prove before I got it.  

     Make sure you understand...your C and P examiner has an agenda, and that agenda is set by the one who signs the examiners paychecks...the VA and not you.  

      There are at least 2 ways of getting a VA examiner on your side:

1.  Pay em to be on your side.  That is, hire an IMO/IME exam, and pay them about 2500 dollars or whatever they ask.  They will be on your side, then.  When we use the VA's C and P examiners, and none of our own examiners, why should be suprised that they "opine" in favor of the VA?  Would you not also do as your employer asked you to do, that is, to represent HIS best interests?

2.  Be extra nice, remembering reason 1, above, and win them over because they like you.  The VA will allow examiners to opine favorably for "a few" Veterans, just so it appears to not be rigged, even tho it is rigged.  I used this method.   I identified with my VA doc..he is blind...and he knows I cant hear hardly at all..so he completely understands what its like to be deaf, like I am, but not meet VA's "deaf" criteria.  Of course, the VA's hearing loss ratings are wacko in favor of the VA.  Most Vets, no matter how bad their hearing is, get 0 percent.  I was at zero percent even tho I could not use a "regular" phone (I have a close caption phone..and have had one for years and years), and, I can not watch movies also, without close captions.  Do they expect my (boss) to write out everything they say?  No, he wont do that.  He just hires someone else who can hear, then gets rid of me.  Its too much work for him to write down everything he tells me, so I understand.  Well, my blind doc "gets it"..that my hearing loss is so severe that people dont want to hire me.  Its pretty much like trying to get hired in a foreign country where you dont speak the langauge, and have no possible chance of learning to speak that language..ever.  

For people who dont speak English, to get a job here, they get the worst jobs in the country:  Things like making beds, or picking onions in the field.  Their boss (who is often bilingual) shows them how to pick an onion, and then points to a field of onions.  Or, shows them how to make a bed, and clean a room, and points to all the dirty rooms.  I can not pull onions, pick peaches, or make beds.  I have to be able to communicate.  I took college classes..on communications, such as English 111, English 112, English 301 (Poetry), Effective communications, Speech, and many other classes which are all about communications.  My college degree (virtually all college degrees require several years of English) and advanced communications is worthless.  I can not begin a new career as a farm laborer at my age 66.  

Still, md after MD does not understand why I "complain" about not being able to hear, why dont I just get a job.  However, each doctor has people in HIS office who "hear" and communicate with others.  The doc expect his nurse to carry out his instructions..now how could the nurse do that, if she does not understand what the doc says?  Virtually all jobs involve communications..this is why its emphasized in college.  Do you want to see a doctor who cant speak English?  I dont.  How would I tell him what is wrong with me?  I exxpect the doctor to understand ME, even tho I cant understand HIM, except, in the best of circumstances when he is willing to repeat himself over and over until I get it.  Most are not willing to do this.  

No Thank you for your service~!…. I didn't post this last post because of a C&P doctor or Exam...I went through my Exam years ago and I did'nt Kiss the doctors ass nor wanted to pay for anything~!.. During the Exam the Doctor became verbally abusive and my wife was there as a witness during the Exam ..she said she would CONTROL ME when she got done with me~! I said the F%%K you will~!..We went right to patient advocate in the hospital after the violent exam..she documented and then we went to Senators Office, In a short period she was GONE~! Patient advocate called us and thanked me for turning her in as many veterans hated her and were afraid of her... Proves they (the Doctor) Controls $$$ COMPENSATION$$ by their decisions BUT see I only get MEDICAL CARE so I didn't and to this day don't give a Chit and would do the same thing~~!.. I saw this same control when in 1977 as being assaulted verbally and physically the (Older Veterans) in the same room and they were able to sit up eat etc but were on Ventilators  as and they did NOTHING to PROTECT ME... I never knew why for decades.. I know Now,,, I was only 19 and turned 20 years old paralyzed..to the point they had to tape my eyes shut because I couldn't even do that.. feeding tube..IV lines.. I was brought there from my Base because they couldn't care for me there so they shipped me to this HELL HOLE BOSTON VA JAMACIA PLAINS HOSPITAL... Like said before I was treated like a Scum.. It changed me~ from that time on I have never been the same~! F%%K the VA... My problem now is WHY no one cares what happened to me in there even decades ago when something could have been done to keep others from going through what I did and I'm sure many others ..Only response I got from VSO's that dealt with VA for decades say it was well known those type of ABUSE back then..  I SAY BULLCHIT..I been Messaging Boston VA Hospital and told of my abuse and DEMAND A FBI INVESTIGATION SINCE IS A FEDERAL BUILDING~!… This is what VA Therapist should have done decades ago when I told of my abuse~!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

 This is just my opinion,

I think you just have to tell the right person...most VA Employees do kiss ass and to keep there job they do this...VA ADVOCATES get paid well and when some veteran goes to them with abuse complaint  the hospital director says to the VA Advocate  you like your job ?  yes sir ,   then you know what to do....thow that complaint in the trash can.

I have a VA  Dr that needs to be fired  but ITS  my word against theirs  you know good and well who they will believe.

 

Edited by Buck52
Link to comment
Share on other sites

  • 0

Well I made it to 62 years of age! Still dealing with and waiting on things to happen with my OTH Discharge! Decades an decades time flies by and my service connected conditions get worse and worse.. I find it Ironic how anyone I mean anyone in this country being a citizen or not get hurt on a job and they get Compensation coverage for their injuries.. I believe service members whom fall under Administrative discharges that can receive MEDICAL for their service connected conditions should be able to collect Compensation.. But will it ever happen? They are just now starting to help OTH with PTSD... How about us that jumped through those years of Hoops and finally get service connected for PTSD and like some of us that are so fuked up with service connected conditions that we cant work and live the mental physical pain everyday!? When do we who suffer everyday get some sort of relief? I see it with Felon's who did their time getting new breaks like The federal government will no longer ask job applicants whether they have a criminal record, under a new policy..federal employment applications comes as part of a broader package of criminal-justice reforms. Will VA Disability Compensation stop if to prison?No. Your VA disability compensation payments will be REDUCED if you are convicted of a felony or misdemeanor and imprisoned for OVER 60 days (61+). Veterans rated 20 percent or more disabled are limited to the 10 percent disability rate during that time. If the vet's disability rating is 10 percent, the payment is reduced by one-half.
Once released from jail/prison, the veteran's compensation payments may be reinstated based upon the severity of the service-connected disability or disabilities at that time.

We all know its about the Money!!

The VA picks and chooses depending on the $$COST$$ what we service disabled can get.. We with Loss of use can get Lower extremity orthotic devices.. We can get just so much the $$BUCK$$ stops at handicapped-accessible vehicle!!!.. see that cost lots $$$MONEY$$ who cares if we struggle everyday. We as a country seen to care about everyone's struggles who are severely disabled but NOT US OTH disabled.. we also get NO grants for our service-connected disabilities to adapt or purchase a home to accommodate the disability.

I see in the VA system special consideration for severely disabled service connected BUT (NOT) for us with the same conditions with a OTH discharge..

I would like to know is their anyone out there in Hadit world that can tell me if with my OTH I can get a scooter and one of those lifts that attach to trailer hitch from the VA..??  I was issued a Manual wheel chair over a decade ago and a Medical electric hospital bed at the same time..  I really don't want to waste my time going into the VA and go through their BS if I cant get issued these. I called and sure enough I have to get a primary doctor.. Blah,,blah..blah.. just to get braces.. and see about getting a scooter,,ect and CPAP Supplies and medications for my service connected conditions.. May have to start PTSD treatment and my CO Payment has gotten so high I cant afford it ..sad because I have been with same Therapist for many many years in the private sector.. I relly need transport for a scooter as I cant do manual wheelchair..as my arms and hands to weak to do,,.. My wife can now no longer do as her hands arm are now to weak and she has only one hand because on was run over as a child be a lawn mower..  Anyways does anyone know if I have a chance of at least getting an Electric Power Chair Scooter Lift Carrier ?

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use