Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Why Can' T The Va Follow The Rules


Jim MAC
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Ok

I was rated at 100 percent backdated from Jan 08 thru Feb 1st 09 No problem with that. Here is where I get mad in my Statement of case it said I would be 100 percent intil Feb 1st 09 ok no problem there. Then what do you ask is the problem? In my statement of case it said that i was to be rexamined after 6 months guess what no exmation. This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment but we all know 80 plus 30 does not = 90 in VA math. but 50 plus 30 plus 30 plus 10 plus 10 plus 10 plus 10 = 80 No wonder I can not help my 5 year old with her math homework from kindergarden

My question and I know that I am rambling is can they cut my disabilty without a follow up to make sure I am cured? I mean there own regs say a mandatory follow up at the VA

Thanks all

Jim

PS I found out I was back to 80 percent by calling the 1800 you are screwd if you think we will give you the truth number

Edited by Jim MAC
Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

What about TDIU? Are you unemployable?

Link to comment
Share on other sites

  • HadIt.com Elder

When they assigned the 100% rating, was there any language saying that it was temporary? It would seem that the VA "should" have given notice before the reduction. If not, it's likely an illegal reduction. If the original award showed that it would change to 80% on a specific date, unless a further examination showed that it should not, you may have a problem.

Ok

I was rated at 100 percent backdated from Jan 08 thru Feb 1st 09 No problem with that. Here is where I get mad in my Statement of case it said I would be 100 percent intil Feb 1st 09 ok no problem there. Then what do you ask is the problem? In my statement of case it said that i was to be rexamined after 6 months guess what no exmation. This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment but we all know 80 plus 30 does not = 90 in VA math. but 50 plus 30 plus 30 plus 10 plus 10 plus 10 plus 10 = 80 No wonder I can not help my 5 year old with her math homework from kindergarden

My question and I know that I am rambling is can they cut my disabilty without a follow up to make sure I am cured? I mean there own regs say a mandatory follow up at the VA

Thanks all

Jim

PS I found out I was back to 80 percent by calling the 1800 you are screwd if you think we will give you the truth number

Link to comment
Share on other sites

In the VA's weird way they seem to have "Due Processed" you in the Statement of the Case. By law they do not have to "Due Process" you again when they decrease you. They said it was temporary, and they carried through with that. The calculator is a mystery. I sat on the phone with a veteran today who wanted to know why his 60% plu 10% only equaled 60%. My best explanation for him was that "I don't know how they do that". I have seen the formula (as long as my arm), and it still makes no sense.

Link to comment
Share on other sites

Guys

I really did not mind the reduction if I am cancer free thats the way its supposed to be. I just want them to follow there own rules. Give me a appt give me another biopsey let me know I have no cancer let me have piece of mind. John I am still working I do not know how much longer I can due it vecause of my SC back and neck I want to work at least 2 more years and be debt free.

Jim

Link to comment
Share on other sites

"I found out I was back to 80 percent by calling the 1800"

they could be reading the screen wrong- in any event there has to be significant medical improvement in regards to any proposed reduction rating.

"This is the same VA office that left me at 0 percent for my skin cancer for 4 years saying I was cured. Now 5 operations latter I am rated at 30 percent for disfigurment"

GEEZ- that does not sound right at all-

Did you appeal their last decision regarding the "0" %?

I bet this happens more than we know. A vet gets a rating and then the disability progresses with time but only when they re-open their claim can that generate a better rating.

VA also can give Staged ratings to show a progression of disabling factors.

I dont see many staged rating awards.

This recent BVA decision shows how they work.It looks as though the veteran himself asked for the staged ratings.

http://www.va.gov/vetapp08/files4/0827689.txt

Link to comment
Share on other sites

Jim,

Our RO likes to play doctor, they relly need to shut it down and start over. Think there are a few there that should not be. Plus they need to move it closer to where the most of us vets are, say Richmond.

Sorry to hear they reduced still at it mys self claim that I submitted last Jan still waiting on, they have sent me tha same VCAA notice twice to delay the claim that was for the same condition.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>