Formal Claims Vs Informal Claims

[Guest jstacy]

I have filed several VA claims in My time dealing with the VA and I have found out that a formal claim filed with a 21-526 form gets more attention than an informatl claim used by the service officers. I know a claim is a claim, but I see a pattern. I have had 2 rapid C@P claims resulting from 21-526 Claims files. I have had exactly 0 C@P's for claims written out by service officers. HAs anyone noticed the same pattern??

[Guest Jim S.]

I've been wondering, with the number of VA Pension questions being asked of recent times. I wonder how may claims for disability were disapproved for 100% IU, but were not service connected, were then adjudicated for pension purposes or even told the Veteran that although he didn't qualify for compensation, but he may for pension purposes.

I wonder how many Veteran had to wait to be found IU by SS, to receive any financial assistance.

It seems to me, that a formal claim for SC for compensation is an informatl claim for pension and the VA is being neglect in its duties to inform the Veteran of this fact and that if any Veteran is found 100% IU but not SC should be held to a higher standard to see that the claim may me warrented under the VA Pension Program.

I think the VA is intentionally moot on this subject and they promigate the further suffering of Veterans from sea to sea and war to war. Theirs no telling where my claim and others would be if we knew we had the NSC pension to fall back on during the rough times I and others most certainly have had to go through to survive. What a lot of Cr5p I could have avoided through out my life, if just one person from the VA had told me about this program and how to qualify for it. I had to have someone not even related to a person in or out of the service to tell me the what, how, and where of the pension progran and less than three month to be found qualified.

Jim S.

[john999]

Jim

I think that happens a lot. Once you get the NSC pension it becomes harder to get the SC compensation. The VA takes advantage of people who are in desperate financial situations and encourages them to take the NSC pension. JMO

[Guest Jim S.]

It may be, and I am only speeking for myself. had it not been for the NSC claim for 80% TDIU pension, I feel certain that I would have had more difficulty in getting my SSDI. certainly not the first time around and not with the means to live and make the payment on my home with, while I was waiting.

No, it may make my attempt to get SC a tad bit more difficult, but at least I will have the means to pay my keep while I do it, and as long as I keep the claim process going, I won't have to wait instead, to be paid for the full amount owed for the EED, should I finally prove my SC claim.

Besides, I would never have been able to pay for the medical care and treetment since my NSC problems started, Their would have been a two year wait once SSDI approval, I only wished I had know about this program sooner, I probably would not have gotten the help any sooner, but it sure made the whole process less stressful as to what I was going to do and live on, while I waited for a decision. At the very least, I knew I would have a roof over my head and food on the table.

Jim S.

[Guest Berta]

jstacy-

one thing I sure have noticed-through years of experience- is that if a vet rep or SO prepares a NOD or an I-9 -instead of the veteran themselves- that form -as someone here aptly described it- is a generic statement usually-

"I disagree with your ___2004 decision and fully intend to continue my appeal--"

That will NOT do it- the NOD is the first avenue of attack and the SOCs are probably full of gaps too-

When a vet prepares a NOD and even attaches more evidence or reminds them of what they have, yet did not consider -the claim gets much closer to an award.

On VA so called "expert medical opinions"- these can be successfully rebutted if they do not fully consider all of the facts-

I read many BVA decisions- they are a true learning tool---

The VA will attempt to disregard a private IMO due to lack of 'rationale' or any stated expertise on the part of the private doctor-so IMOs have to be solid and cover many bases.

The VA however can use a lousy VA med opinion with no real rationale at all to go against the claim-

The argument -in my opinion- must start with the NOD and continue with responding to the SOC---

The I-9 should be filed in time- however- I believe that claims that are remanded from the BVA-can often succeed right at the VARO level-

The I-9 form asks the veteran to state exactly why they believe the VA's decision was wrong-

I say start doing that as soon as you can with the NOD-before you even have to prepare the I-9.

There is nothing wrong with sending the VARO along with the NOD- reference to the specific evidence they have that supports your claim, and copies of any VA regs that support your position.

[Guest jstacy]

Berta, Thanks for your response. The reason I wrote the questin is that I am in a bit of a Pickle and I need to file another claim for Hypertensive Heart Disease. The VA Hospital misdiagnosed it last October and I had an outside Heart Cath ( Angio last week) I was thinking of filing an 1151 claim for missing the heart disease but I dont think it will fly. I hate to say t his but the best Doctor I have had at the VA was the C @ P doctor.I currently have 6 claims pending and 1 under Congressional investigation. I got tired of the tap dancing around with my bloodpressure claim when I know the evidence submittted is in favor of direct Service connection. I cannot file the Heart disease until that one is approved. They will start over and It will be another 3 years before they decide anything. The VA closed the Hypertension claim in sept 2004 without notifying me and did not send me a letter fo denial?. I called Congress on that one. The VA IG is next.

[Guest Berta]

"I was thinking of filing an 1151 claim for missing the heart disease but I dont think it will fly"

If you have medical evidence (which I consider the'outside heart cath' to be proof of)

that they shoud have diagnosed and treated this but failed to- I sure would file a Sec 1151 claim.

When I won Sec 1151 on misdiagnosed heart- I had sent them the ECHO and ECGs and any other med entry that showed my husband had heart disease, they knew it, never told the veteran and never took any steps at all to treat it.And unfortunatly the autopsy helped prove my point-

this is what the 1151 claim needs- and even more impotantly- what are they doing now as obviously your heart disease advanced in its dehabilitating condition-needed the Cath.

"The VA closed the Hypertension claim in sept 2004 without notifying me and did not send me a letter fo denial?. I called Congress on that one. The VA IG is next."

I would ask them for a copy of your c file-

How do you know it is closed?

If you never got a denial letter or a request for more info- or anything else that you had to respond to- I dont see how they could close it---

did some 800# vet rep say that or did the VA send you a letter on that-

Edited February 14, 2006 by Berta