Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Alj Denied

Rate this question


giz

Question

those that think that va total and permanant gives you a lock for ssd it dont and the reason for denial was completly made up he just ignored the facts and on the va he just said that he is not bound by the va decision,no kidding thats the best you could come up with.i know i can appeal but it is so frustrating when a judge just ignores three doctors saying i cant work and his own jobs guy saying theirs know job i can do,thanks for letting me vent :) ill keep fighting till i die

Link to comment
Share on other sites

  • Answers 32
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Just for curiosity, you can look up the approval and denial rate of your judge here:

http://www.oregonlive.com/special/index.ss...y_database.html

To get the stats on a specific judge, enter the judge’s name and click search.

To access the entire database, just click search without entering a name. You can sort the table by any of the categories by clicking on the category header. So you can sort it by number of decisions, approval rate, denial rate, etc.

You can also find information on all the ALJs at that location by searching at the Federal Employee Salary Database at:

http://php.app.com/fed_employees/search.php

Agency – enter Social Security Adminstration

Job Title – enter Adminstrative Law Judge

Location – enter State – then enter County

It will list all the ALJs in 2008 at that location (and their 2008 salaries).

You can take this info back to the ALJ decision database and look up the stats for all the ALJs at that office.

Think Outside the Box!
Link to comment
Share on other sites

how do i find out what evidence they had,because there was several things he said that wasnt true one of which was that i never had a mri on my brain

Your denial letter should indicate the evidence they used. It should discuss it in the narrative - and our letters also had several pages listing all the evidence they considered (with dates and evidence numbers).

You should also be able to view your whole file. I am not sure if you can still do that at the Hearing Office or not. Our cases were paper files, which is unusual anymore. But they let me look at the whole folder and make copies of anything I wanted. (Here is the file. The copy machine is right there. Have at it.)

But they also told me if our files were electronic, they could have just made me a copy of the whole thing on CD.

I am not clear. Did he say you had an MRI on your brain and you did not? Or did he say you did not have one and you did?

Either way, I guess it is an error. But since your case is already denied, the more errors in the decision, the better case you have for getting the decision put aside by the Appeals Council. (But again, that is a long and winding road).

Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder

Thank you Free for your patience and willingness to help Veterans.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

i had problems with dizzness for two years and judge said there was know evidence in my med records or from my doctors or my doctors giving me a MRI.thats why it makes know since because the dizzness was the reason my doctor sent me for a MRI.plus i have been being treated for ibs and colitis ever since returning from the gulf in 1991 and had 6 scopes done and infact was scheuled for another one two days after my hearing and he wanted to see what the doctor found so we sent him the results after the scope was done and this is what is crazy because the scope was scheuled to see if a ulser that i had been taking antibiotics for had gone away so when i got the result back it said know abnormalitys were found and so he used this to say there was nothing wrong with me.ignoring all the other evidence.like the other 6 scopes that showed cronic IBS and colitis and other one that showed i had a bad ulser.so i guess all the pills i take for IBS/colitis,pain meds for joint pain and xanax for anxiety are just for the hell of it,none of that was ever talk about in the decision.he even ignored his own psychaiatric doctor that said that i had panic disorder.but he found know where in my med. records that i had been being treated for that,so he is not giving it any significant probative weight.also he said none of the claiments treating sources have rendered an opinion concerning the claimants abilitiy to work.which is B.S. because i sent letters from both of my doctors saying i cant work,so i dont know if this guy is ignoring all the evidence some of the evidence or what he got from disability group or my doctors but looking at the things i know he got he definitly ignored that.its just wrong

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • 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.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • 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.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      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.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use