tdiu "weasel" Excuses To Deny

[broncovet]

It was pointed out, by TEAC, that the VA is not required to approve TDIU on the basis alone that SS awarded disability for SC conditions. The VA uses the "weasel" clause that VA's definition of totally disabled is different than SSD's definition of totally disabled. I call that the VA "weaseling" out of paying. They have lots of ways of doing that.

Another way is the Veteran files for benefits. The VA denies one benefit, says nothing about the other. A year passes. The VA now "weasels" out of paying, claiming the Veterans second benefit was "deemed denied" and that the one year clock starts and the Veterans decision became final, even tho there was no decision at all on that issue.

Please add the way the VA "weaseled" you out of your VA benefits, to help other Veterans from being weaseled out of their also.

For thoroughness, I will supply the link to the lawyer who discusses the court cases where the VA can secretly deny, or deemed deny, a Veterans claims:

(Scroll down to the bottom.."deemed denial"..there are also other cases where the courts did not require the VA to give an answer to the Veterans claim..that his claim was "deemed denied")

http://wvajustice.com/?m=200907

Edited September 1, 2009 by broncovet (see edit history)

[Pete53]

My favorite of all time was when the VAMC in Dallas told me straight to my face that if they allowed me fee service it would cause them to have to do it for a lot of other Veterans.

[john999]

The VA told me that they could not determine if I was IU because I was not working.

[Testvet]

Despite being on one of the most contaminated bases in the US, shown by the 1978 EPA Superfund report showing 77 toxic substances in the water and soil of Edgewood Arsenal, I was told they could not and would not SC any of the issues related to the exposures as I could not prove I had drank any of the contaminated water in the three months I was there from June thru August 1974, the EPA did not survey EA, until the summer of 1978 and ordered the immediate capping of the water wells that had been used since 1917 for the bases drinking water and bathing and all other uses, watering the grass, washing cars, filling the post swimming pool etc all of normal uses, the entire aquifer was closed, they even had to shut down the city of Edgewood marylands water and the Army paid for water to be piped in from the White Mountains.

I may not be able to prove I was exposed to specific toxic substances from that water, but they can't prove I wasn't either, and plain old common sense says anyone that consumed any water at Edgewood Arsenal should be presumed to have been exposed to the toxic substances but then no one has ever accused the VA of using common sense.

Similar to the contamination at that maine Corp base in Virginia where they found that dry cleaning solvent and the high number of disabled veterans and family members that has been in the news the past year, and that is only from one chemical, Edgewood has 77 of them.....

[john999]

TestVet

It is sort of like agent orange. It is hard to prove you were directly exposed unless you had it sprayed on you, or marched through areas that had been recently sprayed. Spray maps show the areas that were espcially hard hit. However, since spraying was so widespread the VA can't prove you were not exposed, so they assume you were. This is because of pressure from vets and vet groups for years. In smaller contamination situations the DOD and VA will just deny the claims because there is not the pressure to at least give vets the benefit of the doubt.

[jbasser]

We have denied your claim because there is no evidence of complaints , treatment or a diagnosis of in service.

That was what they told me in 1994 on my HTN claim. I actually gave up at that time but with the help of a Great VA Doc who had the SMR, turned me in the right direction. Funny how out of 17 readings over 4 years in servicve that 14 had bottom line readings over 100.

That was what lit the fire under my backside and it burns hotter every day.

J

Edited September 1, 2009 by jbasser (see edit history)

[Commander Bob]

The VARO rater wrote in my denial letter; "Your military service treatment records show no complaint, treatment or diagnosis of Post-Traumatic Stress Disorder". LOL, LOL. I was out of the army in1968. PTSD wasn't even recognized by the VA, or medical community. until 1980. I'm sure when I bring this to the DRO's attention, He/she will weasel out of it with a dismissive, "Oh that was probably just a typo."

[Testvet]

very few of us "had PTSD" in the service for some reason it is one of those things that show themselves years after the fact I think it took Max Cleland over 40 years to seek help for his PTSD and he went public with it when he did it a few years ago, most veterans files have no record of being treated for mental health issues while still on active duty.....thats one of the main reasons for either having combat records, or verifiable stressors for non combat PTSD

[Commander Bob]

very few of us "had PTSD" in the service for some reason it is one of those things that show themselves years after the fact I think it took Max Cleland over 40 years to seek help for his PTSD...

According to the medical world and every doctor living 40 years ago. There was no such thing as PTSD. The official VAMC medical term, back then was "Crazy Vietnam Veteran"

[jbasser]

Battle fatigue or Shell Shocked were the terms actually used.

J

[Commander Bob]

According to the medical world and every doctor living 40 years ago. There was no such thing as PTSD. The official VAMC medical term, back then was "Crazy Vietnam Veteran"

If you did go to a VAMC in the 1960's with any kind of PTSD symptoms, the clerks would write up a "blue sheet" on you for making a disturbance. I never found out what a "blue sheet" was, but I knew it was a black mark against you... These days, I take solace in knowing that I out lived most of those poor ignorant souls.

[Commander Bob]

Battle fatigue or Shell Shocked were the terms actually used.

J

Your right jbasser, However, that was like comparing apples and oranges to PTSD. Those poor guys, back then, were mistreated for their stress disorders. In those days, and for generations before that , war related stress disorders were considered manifestations of poor self discipline or cowardice. Even today there is a cloud over the vet with PTSD.

Edited September 1, 2009 by Commander Bob 92-93 (see edit history)

[kw34]

The best one yet, you are dead denied.

[john999]

My father-in-law came back from Guam in WWII with his brains scrambled. They kept him in the hospital until he knew his name, and then gave him an honorable discharge. He was crazy and dangerous for the rest of his life. He never got a dime from the VA. He was a TBI, but they called it shell shock. I don't know how much is true and all the details since the VA said his records burned. I do know he was a danger to himself and others and did spend years in prison for his behavior. This was before I met his daughter so I could not help him. Now he is dead from being poor.

[Pete53]

My Dad was hit with shrapnel including his head back, arms and legs. A lot of the shrapnel they left in him. Now I wonder if her did not suffer TBI from his wounds. He sure came home a different person than when he went in.

[Commander Bob]

My Dad was hit with shrapnel including his head back, arms and legs. A lot of the shrapnel they left in him. Now I wonder if her did not suffer TBI from his wounds. He sure came home a different person than when he went in.

What a generation that was. A more innocent time too. Coming up and out of the "Great Depression". Thrown into to a horrific war. All most vets had were their bootstraps and Pall Malls, Luckys, or Camel cigarettes to help with their PTSD, or TBI. That's why most of them never talked about their war experiences. That's why 50 or 60 years later, when asked about their war stories, they would inevitably start to cry. Some never did. Just suffered in silence. Truly a Great Generation. ...and we never new????

[cowgirl]

excuse, there's no excuse if there's proof or law.

PD - my foot! silent on Mst(s) - my other foot.