! Claim At A Time

[ausgmblr]

Just got 1 claim awarded DAV agreed to 1 for all. VA cannot do this.

Anyone know cite for law requires VA resolve all claims individually.

May change start date think that's why VA did it.

Thanks,

Ausgmblr

[sharon]

Just got 1 claim awarded DAV agreed to 1 for all. VA cannot do this.

Anyone know cite for law requires VA resolve all claims individually.

May change start date think that's why VA did it.

Thanks,

Ausgmblr

Please explain what disabilities your are referring to. Some are combined and other rules may apply.

[Testvet]

VA seems to do whatever it wants to and then lets the veterans appeal their idiot decisions to the BVA some will and some won't because of fear of losing what they do have is "lets make a deal" legal no, but it happens everyday all across the nation in VAROs, if it was many claims dealing with one organ like the brain for instance then it is called pyramiding and they usually rate the worst problem with the highest percentage they can grant and that is what they are supposed to do like myself I have OCD and PTSD and depression the PTSD is the rated problem as it is the worst 100% P&T the others are listed in my diagnosis list but they are not rated medical problems just in the VAMC they are listed as to what I am being treated for,

I myself agree to a form of "Lets make a deal" back in 2005 I agreed to drop hemmeroids, herniated disks, GERD etc in exchange for my PTSD and heart problems being granted.... the DRO reneged and when I got the award letter they granted 50% for PTSD and denied the heart problems so I filed a NOD the very next day the DRO was mad at me for writing President Bush during the DRO meeting they also made sure my wife and I understood that for every letter I wrote to elected officials was going to result in my claims file being pulled for "congressional response" for 60 days for each letter I wrote, (I was a prolific writer in those days, I wrote everyone on the VA and Armed services committee about the human experiments at Edgewood)

POA's Powers of Attorney allow the VSO's to do anything in your name related to your claims including making a "deal" so you have to be careful on who you give a POA to I even had ex wives I wouldn't give a blanket POA to. Those documents can bite you in the azz real quick, it allows whomever has it to make legal binding agreements in your name.

But it is hard to say wehter what happened is wrong without knowing a lot more of the details.....

[ausgmblr]

Grant Daddy / Sharon

Thanks for your response. -Sharon- I'm well aware the mental condions etc.; are rated outside of the V.A.'s crazy algebra first, the way I wish all was done.

Grunt Daddy NO not all head same. I was 100% for Encephilitis causing seizures and was working GS13, before congress, wrote regs.

seizue causes brain damage, no problem SC, now amnesia, That yes is mental.

Also reconstructive facial surgery- sizure.

I couldn't have better evidence their ether OPM, Hospital, or VA. Personal letter from RN friend and a private Neuro. MD.

Believe VA's problem might be a start date if the decide and I believe I read somewhere they have to...

thanks

ausgmblr

Believe

[Berta]

You have 100% now per the profile thing-was this rating before you filed thess additional claims?

Did they award for SMC "S"?

With 100 % established, they can only pay more compensation if you fall into the SMC criterias- Special Monthly compensation- 38 USC 1114.

If a rating criteria in 38 USC changed and the change in regs was more favorable to you then the older regs- this could establish more retro and a better EED but I am not sure if this is what you mean.

If this is the case-then that point has to be clearly spelled out to the VA.

This is why VA award me 2 years of accrued comp due my husband.

It took them so long to award the claim that meantime the regs had changed from one year accrued to two years.

I reminded them of the reg during process of the claim and was awarded the 2 years.

I have similiar situation from one of my vet org claims-

a change in regulations provided more retro.

we had to send them the actual new regulation.And I helped a AO vet here last year in similiar situation.

Is this what you meant? a change in the regs provided you for higher level of rating-maybe in SMC?

[Berta]

"Anyone know cite for law requires VA resolve all claims individually"

I dont know what law that would be but they DO have to Rate each disability they are aware of or could infer from the medical record.

This is the basis of my 2 CUE claims.

It is stated in M21-1 and unfortunately I cannot open my Word or use 3 1/2 as my PC is awaiting replacement-

and find the reg I mean.

The VA is even supposed to 'liberally interpret' a claim as to including additional potential claims.I bet they almost always never do that.

Edited July 13, 2009 by Berta

[john999]

Yes, if you have multiple disabilites to any one organ they are going to rate them all together. They rate under the most serious condition and sort of add in all the other conditions. It is not so much diagnosis as impairment in ability. If you can't walk and your conditions are service connected then it is the fact you can't walk that is important. If you can't walk and can't work that is even more important.