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LarryJ

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LarryJ Grand Master

LarryJ

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...

Edited by LarryJ

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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VetsLady Rising Star

VetsLady

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Why not add the verbage "at this time" ?

I've never seen this form either.

I wouldn't sign it either, how does anyone REALLY know what evidence is in your claim file?

You know what you sent in, you knew you sent it via USPO with CMRR, or FedEx or UPS

with the package being signed for by the receiver. But.......

the only way you really know what is in the file when the VA reviews the evidence is when

you get the SSOC and it's listed in the evidence section. If the all of the evidence you sent

in isn't listed, they didn't consider it for one reason or another....

VetsLady and, Proud to Be

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john999 Grand Master

john999

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Vetslady

There was a determination letter that described why I was disabled under SSA. The VA is required to keep your claim open for a certain amount of time during the claim process. Sometimes after you have sent them all you have you can tell them to just decide the matter on what they have and not wait. I have gotten letters like that before but it did not have to be signed by a VSO.

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Jayg Proficient

Jayg

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I'd look up that "... Improvement act of 2008" and "public law 110-389, section 221a."

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Commander Bob Grand Master

Commander Bob

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I would hope I could reach the point where I signed, sealed and delivered that "Certification of Fully Developed Claim" form.... What a relief it would be. Then, it would truly be time to get on with living... This whole VA thing is an unnecessary distraction.

"it shall be remembered"...

"We few"

"We happy few"

************************

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cowgirl Grand Master

cowgirl

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Oooh what a scarey looking form. Am reviewing claims trying to wrap myself up since I got IU, and I notice many times I submitted information/evidence with a cover letter listing what documents by name, date etc. But rarely do these documents show up in decision letters as evidence!. For example I submitted SSDI form for a claim, it and many items show on denial but not on NOD approval - just two peices of the many evidence pieces are listed. I suspect since they were on the 'original' is the thinking. BUT wait, the evidence changed, several peices of new data submitted for NOD.

I encourage everyone make a list of what you are submitting, use a cover letter telling them what you are sending them. Use Title, date, names, subject ,etc. Who knows, could help 'them' and 'us'! Ha.

Cg

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

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    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
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    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
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    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

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    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
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