When Is A Claim A Claim

[shag]

Most vets would say that a claim is a claim when the VA says it is a claim or when the vet thinks there is a claim. And we talk here on this board and in the VA waiting rooms about claims being decided. Just my thoughts: The claim is a claim when the vets service records show the disability or injury or illness occured. So,,,excuse me,,,where is there a decision to be made? The only decision to be made is the extent of the disability (percentage wise). A lot of things would, IMHO, go faster, and easier if (and jump me if you want,,,,but this MUST be said.) folks without legitimate claims filing in the first place... It is NOT the lottery, and again (jump me if you must,,,,but this MUST be said.) there are legitimate folks out there with legitimate claims who can't get through because somebody is trying to shake the system. (....i.e. making claims that they, in their heart of hearts know are bogus just to see if they MIGHT get it through and get some money)

[e4766]

Most vets would say that a claim is a claim when the VA says it is a claim or when the vet thinks there is a claim. And we talk here on this board and in the VA waiting rooms about claims being decided. Just my thoughts: The claim is a claim when the vets service records show the disability or injury or illness occured. So,,,excuse me,,,where is there a decision to be made? The only decision to be made is the extent of the disability (percentage wise). A lot of things would, IMHO, go faster, and easier if (and jump me if you want,,,,but this MUST be said.) folks without legitimate claims filing in the first place... It is NOT the lottery, and again (jump me if you must,,,,but this MUST be said.) there are legitimate folks out there with legitimate claims who can't get through because somebody is trying to shake the system. (....i.e. making claims that they, in their heart of hearts know are bogus just to see if they MIGHT get it through and get some money)

Sadly this happens. We know of just a person. I hope he gets caught!!! Of all the Vet's we know they would rather have their health than to have compensation. There will always be a rotten apple in the barrel. They should be ashamed. Makes the rest of everybody seem the same way.

[LarryJ]

What you are saying, shaq, is true.

But, bear in mind, there are WWII vets, Korean War vets, Vietnam vets, that have never filed a claim (they toughed it out, year after year, just "dealing with it", until their disability could no longer be dealt with). So, now they have to not only PROVE that they had a disability-causing incident in the service, but, also that the disability that they NOW suffer from is the same disability that occurred in the military. And, unfortunately, this is much more complex than simply having a sick call report from Camp Pendleton from July 2nd, 1953.

Should we be believed, we veterans that offered up all we had, to serve?

Should we be treated ON EQUAL footing as the normal, everyday, tax-paying citizen, who can turn in their 1040 every year EVERY YEAR to the IRS and never have a question asked, never be "audited", but simply taken at their word that the tax report that they file is true and correct?

Should our word be as GOOD as the rest of the U.S.ofA. citizens?

THAT, my friend, is what I have trouble dealing with. Being treated as a fraud, right from the git-go!

[jbasser]

Shag, that is the way it should be with the SMR evidence. We know it is not dont we. Im of the opinion that every veteran who has had an Injury in service or one that is related to active service is entitled to file a claim.

What is constipating the system is the sheer fact that claims are decided by date filed according to the folks I know at the RO.

Edited March 18, 2010 by jbasser

[Pete53]

A claim is a claim when it is asked for and supported with a diagnosis, link to service with a nexus and is ruled on by the VA. The VA does not look for claims. In my opinion the VA should be proactive but my experience is they wait and even when they see a claim if the Vet does not ask they do not tell.

[chr49]

Shaq,

I agree that there are always some people that will try to take advantage and file bogus disability claims and it's sad that a few bad apples have to ruin it for many that have valid claims. I believe that most people that file are simply good people that want nothing more than what they deserve.

I agree with LarryJ's response. For us older guys & gals [i'm 61] the claims process isn't always easy. It may take several months just to gather our records & evidence before we can even think about filing a claim. Records/evidence can be difficult to locate, sometimes impossible. Getting Buddy letters to support a claim may be more difficult since our 'Buddies' have disappeared over the years & may actually be gone by now. I had trouble remembering all of the places, times and specifics to support my claim because I'd spent years trying to forget everything.

Since coming to Hadit I've learned that I've made some mistakes in my dealings with the VA. I'm thankful I've found Hadit to help me learn to do things correctly from here on.

[shag]

49er, and larryj, all of you guys are right. And Pete...you too are correct in the way we look at the (VA) world. I know there are lots of guys,,,like me at one time,,,who just didn't know or didn't think it would be worth it to file anyway. Got relatives, who served, but don't want anything to do with the bureaucracy. To them, it is to much of a hassle. (and some were grunts). The thing is though, like many have said,,,"Put your claim together,,,(or with a VSO) prior to filing. And, (if the folks read your evidence), where is the problem. The problem is people don't read the material,,,(it takes tooooo long, ha), but we have personnelmen, records clerks, and administrative types getting out of all the services everyday...If they have been good at their jobs in service,,,,why can't we hire them to process claims? Second shifts, as someone said. The REAL problem seems to be that we don't REALLY want to solve it. Do away with government protection of federal employees. What is that about? Hell if they don't produce take the advice of Mr. Trump..."You're FIRED". Now if they have some years of honorable service,,,that may need some consideration, but otherwise,,,we will not protect you if you cannot or will not do the job. Anyway,,,I am done...Thank you guys for the comments and I hope that somebody from the board is in a position to do something about it. Again, I am humbly done with my rant. smile

Shaq,

I agree that there are always some people that will try to take advantage and file bogus disability claims and it's sad that a few bad apples have to ruin it for many that have valid claims. I believe that most people that file are simply good people that want nothing more than what they deserve.

I agree with LarryJ's response. For us older guys & gals [i'm 61] the claims process isn't always easy. It may take several months just to gather our records & evidence before we can even think about filing a claim. Records/evidence can be difficult to locate, sometimes impossible. Getting Buddy letters to support a claim may be more difficult since our 'Buddies' have disappeared over the years & may actually be gone by now. I had trouble remembering all of the places, times and specifics to support my claim because I'd spent years trying to forget everything.

Since coming to Hadit I've learned that I've made some mistakes in my dealings with the VA. I'm thankful I've found Hadit to help me learn to do things correctly from here on.