Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To 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

Are Va Comp And Pension Benefits Worth The Hassel?

Rate this question


broncovet

Question

  • Moderator

Winning VA benefits is a HUGE hassel. The VA claims a 6 month processing time, but that number is highly influenced with "fake dates", and it assumes there will be no appeals, another false assumption.

I personally have been trying to get my full VA benefits for 7 years. A little more than 5 years ago I won a BVA appeal award of "a complete grant of benefit sought". That did not end it. The VA decided that "complete" meant 0%. A zero percent "award" nets the Veteran the exact same monetary benefits as a denial.

Did I appeal? Sure. The VA decided that my NOD was "interpreted as a claim for benefits" and awarded me a much lesser benefit.

It has been 7 years of red tape run around and shredded documents..and I am guessing it will be 3 more years..maybe more, since I am no ways near the end. All this when 2 doctors and one audiologist have ALL stated the "Veterans conditions are most likely due to military service".

I am wondering if VA benefits are worth the ten or so years it takes to get them, then you turn around and have to spend the rest of your life worrying about them getting taken away. I dont have a choice, but I just dont think Veterans should be expected to serve 4 years in the service then 10 years trying to get their benefits. What do you think?

Link to comment
Share on other sites

  • Answers 37
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Yes its worth the hassel. I filed my frist claim in Aug. 2004 and the hassel began about two weeks latter and continued until Feb. 2008 when I won my frist claim for 40%, In July I won my second claim for 10% and filed for an increase. My request for an increase was aproved In Oct 2008 and put me at 80%. Now I am 1500 plus dollars better off. Now I am going for TDIU and I am ready to play the hassel game with VA for the 100%. I won so the hassel is worth it. Never give up.

Link to comment
Share on other sites

  • HadIt.com Elder

As the spouse of a permanently and totally disabled service connected vet on V.A. and Social Security Disability I wish to state it is worth the hassle but the fight is long and hard. Let me give you the same advice someone gave my husband. Keep your claim in continuous prosecution by timely appeals of all issues and submit new and material evidence during every appeal period if possible. Favorable V.A. exams during an appeal period can be considered new and material evidence but to keep the claim in continuous prosecution notices of disagreement are required and then appeals to BVA after each statement of case is prepared. We used my husband's medical records from Social Security Disability on a service connected condition as the final bit of new and material evidence that resulted in him getting a 100% rating. At one point in the process a DAV representative to give up the fight and told him that he would never get 100%. Fortunately, we lived on a boat in Stockton California which was only about 3 blocks from the law library and I spent a lot of time there reading veterans law and I found a footnote in a lawbook of Title 38 U.S.C. that required V.A. consider evidence of total disability on a service connected condition from Social Security. My husband and I also spent time praying and calling on the lord for help and guidance on our appeals and what new and material evidence we should use and what laws and regulations we should point to in our appeals. We had a service officer but at some point he became little help. I DIDN'T UNDERSTAND AT THE TIME THAT YOU ONLY GET ONE NOTICE OF DISAGREEMENT WITH EACH DECISION AND THAT NOTICE OF DISAGREEMENT MUST INCLUDE ALL ISSUES AND HAVE ANY NEW AND MATERIAL EVIDENCE ATTACHED AND REFERRED TO IN THE NOTICE OF DISAGREEMENT. When I say all issues I mean for example service connection, effective date, percentage of rating, etc. Make sure every appeal includes appropriate V.A. law and regulations. I was newly married when I had to learn about V.A. regulations and law found in Title 38 Code of Federal Regulations and Title 38 United States Code. Always photocopy everything you sent V.A. or BVA and keep those copies. Send every letter certified mail return receipt requested and keep the return receipts. Never send V.A. your original of discharge documents or service records. Good luck.

Edited by deltaj
Link to comment
Share on other sites

  • HadIt.com Elder

When you get to be 60 years old and you have a compensation check coming in every month to add to your pension or SSD it is worth it. My VA compensation is more than my SSA and pension combined.

Link to comment
Share on other sites

  • HadIt.com Elder

Broncovet, it is worth the wait.

I first filed in 93 and wasnt awarded 100 percent P and T until 2008. That was a very long battle. The Va did kick in a little at a time. First 10 percent, then 50, 60, 70, then 100.

This mess will drive you over the edge as I have seen it happen on Hadit hundreds of times.

It gets to a point where even little things like a correspondance from the VA or an 800 operator saying something that turn a vet into a nervous wreck. I saw it just yesterday.

Right now it is really effecting you as your posts really show it.

You need to have something to grab onto. You may also need to take a break.

What got me over the hump was I kept giving myself things to look forward too.

When it happened it was great. It will happen for you also.

Hang in there man. Be prepared to go the full 10 rounds. Eventually your opponent will fall down.

J

Link to comment
Share on other sites

  • HadIt.com Elder

Yes and I am living proof to my family, ever thankful to Hadit. No other choice in my faith.

Bronco, yank those Justin's right back on and keep a goin.

God Bless,

Cg'up2009!

Link to comment
Share on other sites

  • Moderator

Basser and other posters:

Thanks for the encouragement. Yes, I do feel like I have had at least 6 rounds with "Iron Mike"

I am staggering, and fuzzy dizzy, but the only thing I have to look forward to is that I am still standing at the Bell for the past 5 decisions. I cant beleive my opponnent is still standing as I gave him everything I had last NOD.

I am encouraged, tho, because I think maybe I have a "tag team" (hadit and Berta) who moved in to attack the big bad VA and saved me from certain knockout.

I know the VA is way, way, stronger than me, and my only possibility of winning is persistence. If I dont survive the full 12 rounds, then I am going to ask my wife to fight the last rounds for me, and I think Berta and others will help her. I understand that is what happened to Berta..that the Big Bad VA knocked him out and Berta is finishing the fight for her hubby..and she is MAD.

I apologize to anyone I offended while I was "fuzzy dizzy", but the VA kidney punched me and in the gut while I wasnt looking, so now I know they wont fight fair. It just seems like they should fight by the rules, but they KNOW when the ref is not looking, so they punch me when Im down.

Bronco..about to get "bucked off"

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