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

  • Donate Now and Keep Us Helping You

     

  • 0

Dealing With The Worst Roneed Help

Rate this question


Guest elizabeth

Question

Guest elizabeth

i really need your heip i don;t know my next move. to start in 1978 we opended a claim for ear problems in from hospital stay in japen -va stated no records found in 2001 i got copies of file all needed records were in file plus a ro had told va to re-open claim for air force navy -others va never informed me of this action in 1994 i applied for penson was dentied but va stated accoring to your rcords of 1948 proof va had records all the time i am 100% for ptsd since 2003 from wasp sinking hobson i was on ship 52-56 i re-opened my claim waiting to hear from va i want to go back to 1978 for 1978 is for 1948 can i do this i would to add my helpless child and wife on what will va do? i plan to put this in newspapers congersmann is good for nothing i have all smr all denied stay in hospital 5 months for nothing? ro in 1993 also states expoised for radiation my son was born with a tarotoma tumor[twins thst feel to devide] but live with own blood supply sent to air forse path in DC va failed to get that report keep denying my son he is on ssd but not sss i will not apply for him to get sss i served my country in ww2-52-56 my son does need sss where are my rights under my award i want my son .wife back to 1978 va in newark stated they will add my son on back to 2003 i said we do not beg or make deals apply my rights i earned newark nj made 60 mins and they are giving veterans a hard time they are vary powerful i did not know the DEVIL WAS IN CHARGE OF NEWARK I KNOW NOW eLIZABETH B)

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

Guest elizabeth
i really need your heip i don;t know my next move. to start in 1978 we opended a claim for ear problems in from hospital stay in japen -va stated no records found in 2001 i got copies of file all needed records were in file plus a ro had told va to re-open claim for air force navy -others va never informed me of this action in 1994 i applied for penson was dentied but va stated accoring to your rcords of 1948 proof va had records all the time i am 100% for ptsd since 2003 from wasp sinking hobson i was on ship 52-56 i re-opened my claim waiting to hear from va i want to go back to 1978 for 1978 is for 1948 can i do this i would to add my helpless child and wife on what will va do? i plan to put this in newspapers congersmann is good for nothing i have all smr all denied stay in hospital 5 months for nothing? ro in 1993 also states expoised for radiation my son was born with a tarotoma tumor[twins thst feel to devide] but live with own blood supply sent to air forse path in DC va failed to get that report keep denying my son he is on ssd but not sss i will not apply for him to get sss i served my country in ww2-52-56 my son does need sss where are my rights under my award i want my son .wife back to 1978 va in newark stated they will add my son on back to 2003 i said we do not beg or make deals apply my rights i earned newark nj made 60 mins and they are giving veterans a hard time they are vary powerful i did not know the DEVIL WAS IN CHARGE OF NEWARK I KNOW NOW eLIZABETH B)
Link to comment
Share on other sites

If you filed a Notice of Disagreement on the "helpless child" situation- I posted those VA regulations about a week or two ago under your first post-

I also replied to your message to me this AM-

"i re-opened my claim waiting to hear from va i want to go back to 1978 for 1978 is for 1948 can I do this"

The only way to potentially recover past retro that involved a final denial is to file a CUE claim.

You have to prove the VA comitted legal error in an old decision.

A re-opened claim will not gain those benefits.

I suggested before- go to the BVA web site or the CAVC web site and search for CUE claims ,also put CUE into the hadit search browser here and study what they entail.

Each CUE claim is unique and they are difficult to win.

The VA had to have made a legal error in a past VA deicsion that caused you loss of proper award.

"va in newark stated they will add my son on back to 2003 i said we do not beg or make deals"

If they stated this in a recent award- and it is still within a year of the decision,you can file a Notice of Disagreement as to the date they are using

and attach evidence that shows he should have been added to your award long ago.

Still it might involve a CUE claim on his situation as well as yours-

Do you have any vet rep in your area helping you?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Guest elizabeth
Dear Veteran

I would get out to the RO as soon as possible. They have acted in bad faith to to many veterans. You said you were in WW2 from 1052 to 1956? WW2 was from 1941 to 1945. IF the last denial was longer than time allowed by the VA to appeal. You will have to re open a new claim. To get the VA to re open a claim you need new and material evidence or prove clear and unmistakble error. The best thing to do is get an independent medical examinaton to confrim your position and that is new evidence. I would aslo make an appointment at the RO to review your C file. YOu can determine what is in there and what is missing. IF you have records that the VA does not. That is also new and material evidence.

Terry HIggins

sorry ifi i made a mistake in aie force 1949-49 navy 1952-56 i have all evidence from file 2001 i did file acue to reopen claim i stated cue my evidence is your evidence from you records that i asked for va stated no records found i state records found after 57 ys i have a legal cue because 1948 is for air force 1948 i was in hospital 5 months i have those as well i was only 22 ate the time look how long it took me
Link to comment
Share on other sites

Guest elizabeth
i really need your heip i don;t know my next move. to start in 1978 we opended a claim for ear problems in from hospital stay in japen -va stated no records found in 2001 i got copies of file all needed records were in file plus a ro had told va to re-open claim for air force navy -others va never informed me of this action in 1994 i applied for penson was dentied but va stated accoring to your rcords of 1948 proof va had records all the time i am 100% for ptsd since 2003 from wasp sinking hobson i was on ship 52-56 i re-opened my claim waiting to hear from va i want to go back to 1978 for 1978 is for 1948 can i do this i would to add my helpless child and wife on what will va do? i plan to put this in newspapers congersmann is good for nothing i have all smr all denied stay in hospital 5 months for nothing? ro in 1993 also states expoised for radiation my son was born with a tarotoma tumor[twins thst feel to devide] but live with own blood supply sent to air forse path in DC va failed to get that report keep denying my son he is on ssd but not sss i will not apply for him to get sss i served my country in ww2-52-56 my son does need sss where are my rights under my award i want my son .wife back to 1978 va in newark stated they will add my son on back to 2003 i said we do not beg or make deals apply my rights i earned newark nj made 60 mins and they are giving veterans a hard time they are vary powerful i did not know the DEVIL WAS IN CHARGE OF NEWARK I KNOW NOW eLIZABETH :angrythank you all i don;t have a so don;t trust them i am 77 ys old records go backage 22 all records were always there the were waiting for me to die i guess but my cue is legal cue the did not open claim just stamped no records found april 26 1952 i was on the uss wasp the night we sunk the hobson i still hear those calls for help i see a dr weekley take meds daily and my goverment denies me my name will always be listed for thst night an va says no records found records will always be there for that is listed as the greatist accient in non war my name is listed forever frank e priam uss wasr 18 52-56
Link to comment
Share on other sites

Guest elizabeth
Dear Veteran

I would get out to the RO as soon as possible. They have acted in bad faith to to many veterans. You said you were in WW2 from 1052 to 1956? WW2 was from 1941 to 1945. IF the last denial was longer than time allowed by the VA to appeal. You will have to re open a new claim. To get the VA to re open a claim you need new and material evidence or prove clear and unmistakble error. The best thing to do is get an independent medical examinaton to confrim your position and that is new evidence. I would aslo make an appointment at the RO to review your C file. YOu can determine what is in there and what is missing. IF you have records that the VA does not. That is also new and material evidence.

Terry HIggins

terry thank you i don;t trust ro besides all evidence is from va files claim in 1978 was for air force1948 va no records found 1993 a va ro states reopen sc va never informend me of this this was also for navy time 52-56 my name will alwayds be foune in naval hietory for i was on the uss-wasp 18 the night we sunk the hobson that is all the evidence they need and the deny my son helpless child statement in 93 from ro states exposed to radidation that could have something to due with my sons medical problems frank e priam uss wasp 18 -staff sargent japan air force thank all you veterans we worked hard for contry i wonder if it was worth people have taken over our country with a shot

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

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

    • LEArmy93P earned a badge
      Dedicated
    • LtDave earned a badge
      Week One Done
    • HillTopVet earned a badge
      First Post
    • kidva went up a rank
      Contributor
    • AFguy1999 went up a rank
      Rookie
  • 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
      • 1 review
    • 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 reviews
    • 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