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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Waiting And Nervous

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

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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

 

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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 by CaravanDan

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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/

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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?

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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.  

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