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Where Should I Turn


CPL Lee
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Question

I am tired of fighting this up-hill battle. It seems just hopeless when the Government you are fighting against, doesn't even follow any rules.

Why is it even referred to as a "fight?" Shouldn't we be entitled to benefits after shedding blood for our country?

My problem is probably a common one, but I figured I don't know where else to turn, so why not ask on here.

To start, I am a combat veteran, who was injured in combat, with an Honorable discharge.

I have been fighting the VA for 5 years not to pay me disability for any of my 19 cases.

I just can't get past the US Government messing up our records so very badly, and not being held accountable.

Here are a few examples of what they have done to me,..

I received a letter, the date in the top right corner is September 10th, 2004. The postmark on the envelope was October 11th, 2004. Some lazy Government employee waited 1 full month before mailing me this letter. The letter was to inform me of a hearing for my appeal on September 9th of 2004! They didn't even right the notice until after the hearing. When I received the letter in the middle of October I immediately called them to find out what was going on. I was informed that because I missed my hearing, I lost my case.

I have in front of me a letter dated February 2, 2005 from the Department of Veterans Affairs.

"Dear MR LEE

This letter concerns your education indebtedness of $0.00 plus interest and administrative costs of $0.00, for a total balance due of $475.17."...

Now I know that math is wrong, 0+0 = 0 in my book, not $475.17, but even worse, they garnished $1944.00 from my account to collect this amount. Federal law states that the Government must notify you 60 days prior, if they are going to stop paying you your disability.

They stopped paying me on the 1st of December, 2004, and I didn't receive any letters of notice until July.

After a wheel barrel of paperwork, and fighting them for 5 years, I finally thought I was getting somewhere. Today I received a letter telling me that I have been approved for PTSD for my service in Vietnam. I have this in black and white. I was born in 1980. Even though they have never done anything without messing up, at least I am getting 30% disability now, for PTSD.

30% PTSD (which according to my doctors should be 100%) + 30 % from physical injuries = 50% according to the moron who calculated my claim. I submitted the claim July 23rd of 03, but they are only paying me back to August 6th of 07 for some weird reason.

But wait, there's more. After spending months in the I.C.U. unit, and being told that I had Gulf War Syndrome, I started my slow recovery. I almost died, but luckily the Government hasn't forgotten about that. To show that they remember it, the VA Hospital has sent me $750,000.00 in hospital bills. I have even received notices from collections agencies. Now my credit is screwed up.

By my math, the Government owes me $125,856.00 for disability, $92,000 that they have taken illegally from my bank account, and they should be paying for these hospital bills.

For example, I blew out my left knee while in the service. I have a handicap plate, and can still walk with the assistance of a cane and knee brace. These were prescribed by one of the VA physicians. However according to the VA Administrative side, I am 0% connected for my knee, so have received $21,000.00 in bills for my multiple MRI's on my knee, x rays, cane, knee brace, and medication.

It is a wonder that I haven't developed PTSD just from dealing with the VA. They always have me so stressed out it isn't even funny.

I can't fight a battle when the other side has no rules. Even the rules they do have, they don't follow.

Fighting the VA, even using the DAV for help just isn't working, 5 years now and I've made hardly any progress. What should I do?

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Thank you for your service-

you are right- I fully believe if a vet doesnt have PTSD or some sort of mental trauma- they will sure get it from the VA because of the arbitrary claims process.

Lots to digest her

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Hey Devil Dog,

I'd start by posting one claim at a time here. Let all these knowledgeable people help out if they can. Put in notice of disagreements (NOD) to the VA for everything you disagree with to get placeholders for pay if you win. If you can walk the notice of disagreement in to the VA and have them stamp the date they received it that is the best. A NOD, in case you don't know is just you saying you disagree with them on paper. Nothing fancy.

I have nine service connections now and it gets confusing and tough to work on all at once. As long as you have NODs in with the VA your okay until you can come up with a strategy. Half of my claims are down at the court of US appeals because my C file is so big. I have learned swamping the VA with information is not good. Get each claim in order and only send in only the pertinent evidence. I had a rep from DAV tell me the RO didn't even want to look at my C file anymore. It's tough man but the step by step approach will keep your C file smaller and keep you somewhat sane if that is possible. Stay the course and make them rate you correctly.

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CPL,

In your case I suggest getting a service officer - and I rarely suggest that.

I also suggest requesting a Hearing at your local VARO.

Sounds like they might have you mixed up with another claimant.

Good luck.

jmho,

carlie

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I am tired of fighting this up-hill battle. It seems just hopeless when the Government you are fighting against, doesn't even follow any rules.

Why is it even referred to as a "fight?" Shouldn't we be entitled to benefits after shedding blood for our country?

My problem is probably a common one, but I figured I don't know where else to turn, so why not ask on here.

Cpl Lee,

If U have been denied by the VA I would suggest getting a VA Lawyer. They charge nothing up front but get 20% of back pay.

If U want the name of a good one contact Berta.

After about 7 1/2-8 years of being lead around by the nose & jumping thru hoops I contacted a Lawyer & within a Year he got me 100% T & P.

I would give U his name but he died.

GARY

To start, I am a combat veteran, who was injured in combat, with an Honorable discharge.

I have been fighting the VA for 5 years not to pay me disability for any of my 19 cases.

I just can't get past the US Government messing up our records so very badly, and not being held accountable.

Here are a few examples of what they have done to me,..

I received a letter, the date in the top right corner is September 10th, 2004. The postmark on the envelope was October 11th, 2004. Some lazy Government employee waited 1 full month before mailing me this letter. The letter was to inform me of a hearing for my appeal on September 9th of 2004! They didn't even right the notice until after the hearing. When I received the letter in the middle of October I immediately called them to find out what was going on. I was informed that because I missed my hearing, I lost my case.

I have in front of me a letter dated February 2, 2005 from the Department of Veterans Affairs.

"Dear MR LEE

This letter concerns your education indebtedness of $0.00 plus interest and administrative costs of $0.00, for a total balance due of $475.17."...

Now I know that math is wrong, 0+0 = 0 in my book, not $475.17, but even worse, they garnished $1944.00 from my account to collect this amount. Federal law states that the Government must notify you 60 days prior, if they are going to stop paying you your disability.

They stopped paying me on the 1st of December, 2004, and I didn't receive any letters of notice until July.

After a wheel barrel of paperwork, and fighting them for 5 years, I finally thought I was getting somewhere. Today I received a letter telling me that I have been approved for PTSD for my service in Vietnam. I have this in black and white. I was born in 1980. Even though they have never done anything without messing up, at least I am getting 30% disability now, for PTSD.

30% PTSD (which according to my doctors should be 100%) + 30 % from physical injuries = 50% according to the moron who calculated my claim. I submitted the claim July 23rd of 03, but they are only paying me back to August 6th of 07 for some weird reason.

But wait, there's more. After spending months in the I.C.U. unit, and being told that I had Gulf War Syndrome, I started my slow recovery. I almost died, but luckily the Government hasn't forgotten about that. To show that they remember it, the VA Hospital has sent me $750,000.00 in hospital bills. I have even received notices from collections agencies. Now my credit is screwed up.

By my math, the Government owes me $125,856.00 for disability, $92,000 that they have taken illegally from my bank account, and they should be paying for these hospital bills.

For example, I blew out my left knee while in the service. I have a handicap plate, and can still walk with the assistance of a cane and knee brace. These were prescribed by one of the VA physicians. However according to the VA Administrative side, I am 0% connected for my knee, so have received $21,000.00 in bills for my multiple MRI's on my knee, x rays, cane, knee brace, and medication.

It is a wonder that I haven't developed PTSD just from dealing with the VA. They always have me so stressed out it isn't even funny.

I can't fight a battle when the other side has no rules. Even the rules they do have, they don't follow.

Fighting the VA, even using the DAV for help just isn't working, 5 years now and I've made hardly any progress. What should I do?

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Glad I checked back here- half of my post was missing???

Thank you for your service-

you are right- I fully believe if a vet doesnt have PTSD or some sort of mental trauma- they will sure get it from the VA because of the arbitrary claims process.

Lots to digest here- can you cover the personal info, scan the last decision and attach it here via a 3 1/2? The Reasons and basis part of it?

"30% PTSD (which according to my doctors should be 100%"

Are you employed - and if not -has the DAV given you a TDIU form to fill out and send?

Are these private doctors, VA docs, or both?

Do you get SSA or SSI solely for your SC conditions?

Did these doctors document this statement in your treatment rcords?

Would they be willing (if private doc) to formally prepare an IMO in support of your claim for TDIU?

TDIU info and also the IMO criteria the doctors have to use is in the specific forums for this here at hadit.

---------------

PS Gary- only if the NOD was filed on or after June 20,2007 can he get a lawyer unless he is at the BVA or CAVC.

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CPL Lee, I advise you to get an attorney. I also advise you to get copies of your claims folder and medical history from the VA.

This is one of the worst cases of blatent denial I have ever heard of.

You may think they are idiots in the way they are dealing with you but I know better. It was done on Purpose just to put where yo are now.

Your not alone.

J

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