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

     

Can You Believe "we" Proved My Claim 44 Years Later

Rate this topic


Josephine

Recommended Posts

I guess it is another wait for the RO to formally rate you and make the actual award- BUT-

this wait is better then all the waiting you have done so far!

We will have to see what the RO does on this-I dont have a clue how they will rate or what EED they will give you-

I always base this on what the VA actually says in their award letters-

and it always says what they need for a higher rating-if you dont like the %.

I think you all deserve 100% because you all gave 100%-

but that is just an illusion-

We will all be here to make sure that award is correct Josephine-we are all on your side but none of us can anticipate what the RO is going to do.

STILL_ I have read your wonderful post many many times-

I believe in and trust all of you here- but I read and read over VA stuff when it is good because I hardly ever believe them-

we just get so many denials- that a real award is hard to fathom sometimes.

I woke up the day after I got my DIC award years ago- prepared to still work on my DIC claim! The fighting mode took a long time to go away-and then the utter exhaustion of it all hit me.I think I was a basket case for a few weeks after the award came.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • Replies 149
  • Created
  • Last Reply

Top Posters In This Topic

  • HadIt.com Elder
Betty,

You are the Perfect example of why a veteran should never give up on thier claim.

Your new IMO must have put this over the top for you. Sure glad you decided to get one more opinion. I think you made a great decision and were very strong in standing up for yourself regarding this claim.

This is the best news to start the weekend. I believe it's Party time around your house for sure!!?. I bet your girls and husband are very excited for you and are extremely proud.

You deserve a break and a celebration. I couldn't be happier for you. Well done and congrats!!!

Jangrin

Jan,

Thanks so much. You guys would be surprised if you read some of the

Statements in Support of Claims that I sent to the BVA and the AMC.

I took statements from everyone and composed it into a claim that no

one could refuse.

I just had to find someone to read them.

This trully was an award by the members of Hadit.

I only did the pasting and you guys had the knowledge.

I guess I may be like Rudolph, " I may go down in history".

I fought a long and hard battle, Jan I took you to the top of

that mountain also. Pete told me to place the names of Hadit in my

pocket and I did, and my husband and I got out at the top of the

mountain, in the rain, and said a prayer for each and everyone of

you.

Always Appreciate,

Betty

Link to comment
Share on other sites

Guest jangrin

Betty,

Just for the record, I do believe in Miracles and Devine intervention. Someday when we have that Hadit "get together" were we all meet up, we will have some stories to share with one another. I hope we can all make arrangements for it to happen.

In the meantime, I know exactly how you feel. If it had not been for Tbird's Hadit and the members of this website, our family would be homeless. I'm not saying we didn't go through hardship and loss, we did. Especially, when my husband had to quit working and we moved from our family home and the State we both called home. But, the advice and the postings from ALL of the members of Hadit helped us learn the VA system and rescued us from a very dire situation.

Knowledge is a great thing, but understanding how to apply that knowledge takes experience, and that is what Hadit is. A team of veterans and families with a combined multitude of VA experience. That's why Hadit members win claims. Because we can band together to help one another and share knowledge and experience.

Congratulatioins once again. Thank you for the prayers on the mountain top, as my life is an example of answers to prayer, that I hope to share with you some day.

Jangrin

Link to comment
Share on other sites

It looked the the BVA was already leaning that way on the Remand. They pointed out the Reverand and one of the treating doctors - asked the AMC to get even more information from them - and to send it back to the quacks to see if they continued with the same diagnosis in light of the additional evidence - and to justify their diagnosis with reasoning if they did.

It looked like the BVA was saying - It looks this is something other than a Personality Disorder - this needs to be checked out - and the docs who have labeled her with such need to actually look at the other evidence and either change their diagnosis - or give their medical rationale for why their opinion is so out of step with the rest of the record."

"Does not change our opinion" is not providing any medical rationale for the diagnosis.

They didn't justify it because they couldn't justify it.

I do think something needs to be done about these bogus psych discharges vets get -which sets them up for this to happen to them.

I wonder if Betty can now get that bogus C&P removed from her file so it can never haunt her again.

Free

"Thanks so much Pete, This is one statement that I really liked, but

forgot to add:

It is noted that the medical opinions in support of the veteran's

claim, physicians in 2004, Dr. M. P ( Private) 2004 (VA) and in Dr.

B.C. 2008 (Private), were based on review of the entire record and

examination of the veteran.

The Board finds that these three opinions which favor

a grant of service connection are premised upon an accurate picture

of the veteran's history and current condition.

( As you can see, two were not mentioned.)

Always,

Betty "

THAT is a dynamite statement from the BVA-

it means all this time the VA was not really looking at your records!

I certainly will help figure out the right EED Josephine-

it looks like it would be 1992 at this point-

but not sure what the RO will do now-

(I never get here at night but last night for some reason-I came here and saw your post and have been thinking about this wonderful victory ever since-your whole ordeal will help others Josephine-it is wonderful!)

Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder
Betty,

Just for the record, I do believe in Miracles and Devine intervention. Someday when we have that Hadit "get together" were we all meet up, we will have some stories to share with one another. I hope we can all make arrangements for it to happen.

Jan, I believe in " Miracles", as we are reading one right now. I believe that one day we will all know each other and have a " Real" party."

In the meantime, I know exactly how you feel. If it had not been for Tbird's Hadit and the members of this website, our family would be homeless. I'm not saying we didn't go through hardship and loss, we did. Especially, when my husband had to quit working and we moved from our family home and the State we both called home. But, the advice and the postings from ALL of the members of Hadit helped us learn the VA system and rescued us from a very dire

situation.

This win is a win by the groups also, for it was all these wonderful people and their postings that gave me the ability to bring my claim out into the open.

Knowledge is a great thing, but understanding how to apply that knowledge takes experience, and that is what Hadit is. A team of veterans and families with a combined multitude of VA experience. That's why Hadit members win claims. Because we can band together to help one another and share knowledge and experience.

As Berta says, "Knowledge is Power," but you had better know how to use it. I had no ideal of how to do this.

Congratulatioins once again. Thank you for the prayers on the mountain top, as my life is an example of answers to prayer, that I hope to share with you some day.

You are certainly welcome for the prayers I knew with my inner ear condition, Afton Mountain was going to be my problem in making it to D. C. That is when Pete posted for me to pull out all the members of Hadit and I did. I would loved to have videoed this for it mean so much to me. I never once traveled the highway by myself. The Mountain Top was so beautiful for this time of year and it was just a fine mist of rain and the temperature was hovering about 60 degrees. It was beautiful.

Jangrin

Thanks so much, Jan,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder
I guess it is another wait for the RO to formally rate you and make the actual award- BUT-

this wait is better then all the waiting you have done so far!

Berta, it sure is.

We will have to see what the RO does on this-I dont have a clue how they will rate or what EED they will give you-

I will make sure my rep has his copy of my NSC Pension stating this veteran is awarded 100% non service connection for anxiety with depression and unemployable to 1983. Of course, I was denied due to exessive, but I was still awarded it.

I always base this on what the VA actually says in their award letters-

and it always says what they need for a higher rating-if you dont like the %.

I think you all deserve 100% because you all gave 100%-

but that is just an illusion-

Boy, if that were only true, we would all have more than 100%.

We will all be here to make sure that award is correct Josephine-we are all on your side but none of us can anticipate what the RO is going to do.

I really appreciate all the work that all of you have put into this claim. This award is only because of the hard work of the members of the site. Everyone, that is why I could not post any certain Names. It was everyone for such a long time.

STILL_ I have read your wonderful post many many times-

I believe in and trust all of you here- but I read and read over VA stuff when it is good because I hardly ever believe them-

we just get so many denials- that a real award is hard to fathom sometimes.

I guess that is why I called the Directors Office at the BVA everyday, for I knew this could not be finally the truth.

I woke up the day after I got my DIC award years ago- prepared to still work on my DIC claim! The fighting mode took a long time to go away-and then the utter exhaustion of it all hit me.I think I was a basket case for a few weeks after the award came.

I know that I am about to become one, but I have had the opportunity to use all of your knowledge and the many members of the site. I mostly did a paste job.

Always,

Betty

Link to comment
Share on other sites



  • Tell a friend

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

    • 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
    • Sparklinger earned a badge
      First Post
  • 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