Just Another Noob

[Joe Everyman]

I'm nothing and nobody special, but I'm here because I'm angry and have to speak up. This seems like a good place to say what needs to be said, and then maybe it will be easier for me to deal with life.

About me: I joined the service during the first Gulf War, but spent my entire time in the continental U.S. I enlisted in Mortuary Affairs and worked on a rotation to the local county morgue as part of a joint training program between the army and local government. During my time at the morgue, I saw all manner of wonderful things, including the frozen screams which you may often find on the charred faces of little babies killed in a fire. I also saw fathers and mothers killed by criminals and little children beaten to death by those who should have protected them. I never served in war, but I never can forget their faces just the same.

The army couldn't send everyone in my occupational group to the morgue all the time, so we were put to work in other useful ways, such as picking up cigarette butts and parading around to the satisfaction of touring generals. The other days? Inspection, equipment maintenance, reefer unit packing and unpacking 101, and, best of all, inventory--how many times do we have to count these body bags, sarge? Until I get tired, private. I joke, but this was life. Can't believe it? Oh, beautiful Fort Lee, how I've missed you. Only two hours from Washington, D.C. and no real peace time missions for my MOS. One day, they asked for volunteers and I, desiring a more meaningful service to our nation, stepped forward. That was my first mistake I guess. I was assigned to a battalion task force that would save Uncle Sam money by taking over the duties of a particular service mission that was previously contracted out to private industry. I possess an award certificate with my name on it proving that my efforts helped save our government $350,000. I did not serve in battle or take a bullet in the hip, but I was injured during the mission--doing my job and attempting to fulfill the honorable obligation of serving my country. I will not explain how I was injured, because it is a very personal matter. I will say that it was caused by another soldier through no mistake of my own manufacture. I was utterly blameless in the matter, and for my pains (pun intended) received an injury of a humiliating and intimate nature.

I was no longer able to perform the functions of my MOS (heavy lifting a requirement) and remained unable to do anything, sleep on my back, or sit down for a period of about two months. Did the army send me home with a disability rating so that I could sponge off the government for the rest of my life? Did I meet sympathy or support as a result of my sacrifice? No, quite the opposite.

I was put out of the army for failure to pass a physical fitness test and branded with "unsatisfactory performance" as the reason on my official paperwork. I did not know my rights or that I should have been examined medically to determine whether I was fit for service. I have lived for almost twenty years with the results of my decision to serve: constant pain and memories of mutilated babies. My VA disability rating upon exit from the service for my "service-connected" (non-combat related) injuries? 10%--that's right, I received about $90 a month and the humiliation of explaining to every potential employer why I was put out of the army for unsatisfactory performance.

My problems and the $90 did not seem equitable, so I requested that the VA reconsider my rating 9 years ago. They rated me 30% at that time, which was still very poor compensation considering that I wasn't disabled enough to get social security, but was essentially prohibited from ever making a living wage. I have been unable to keep a job long term because of the limitations of my injuries, but I know that all of us veterans are just sponges soaking up tax monies so that others can work to support our lazy butts (SARCASM) and that VA workers really do care about us... (gag me, right).

At that time, I also asked the VA to look at my depression symptoms, for which I was humiliated and called a liar by those wonderful VA representatives. One good and wise soul went so far as to claim that I was attempting to scam the government and should be ashamed of myself. I fought this battle for seven years, and won in the end. I also appealed the reason for my discharge (which has always been honorable) and was finally rewarded last year with a decision stating that I had not been treated fairly and the reason for discharge was changed to "physical standards". Basically, it means that the army was right to put me out of the service since I can't prove that I was unable to do my job when they made the initial decision, but they don't feel comfortable laying the blame entirely upon me.

I am now receiving an 80% disability rating and cannot get a job. I cannot provide health insurance for my family. I do not get loads of wonderful benefits. I get $1800 a month and accusing looks whenever I attempt to get help for my pain. Even so, after almost twenty years on disability, the money I helped save the government in six months of my three years ($350,000) of active duty service is still much more than I have received (wonder how much interest they made on that money I saved them).

I am currently dying of unrelated illnesses, so my family will be left with nothing shortly, as they get nothing unless I am rated at 100% disabled for at least ten years prior to death. So, it's a shame that I could not have died on the battlefield twenty years ago and saved American taxpayers all the money they've had to spend on me. Now, the punchline to this joke is that those unrelated illnesses are the result of a genetic condition that manifested during the service, but of course they denied my claim... immediately after I requested a congressional inquiry into why they were dragging their feet on the claim. Then they denied an increase in my service connected disabilities rating, and the reason? Well, if I'm reading the explaination letter they sent correctly, their reason is because the rating personnel misunderstood what the examiner put in her notes--which are quoted in the letter, and which the examiner explained to me during the C&P exam. Funny, huh? But the joke is one me, and all of you other vets who have been defecated upon by some drudge hack pissed about their boring government job and all those lying, complaining veterans like me (SARCASM AGAIN). Oh, yeah, while I'm at it... I had sleep apnea in the service but didn't know what the heck that even was... my bunk buddy complained about my snoring constantly, but no diagnosis until 5 years after service... I'm not even going to try to get that one service connected. But I'm a lazy sponging slug who is just trying to get over on the system, so don't mind me.

[stillhere]

Did you know that accrued benefits are now being passed done to family members? Spouse,daughters/sons and even parents in some situations.

Your claim is in and sounds like your attitude is set right for your last battle! Many here on this site agree that VA does not do enough and delays claims waiting for vets to die and love to deny to reach that goal. It is sad to say but VA is just another one of those gov agencies that have lost there way. Most of it is caused by money if not all.

Like you I was 80% for 5 years and never received a form for IU and even when last years I went to 90% did not get one. I am just now claiming IU and have told my wife and son what to do if something happens to me.

My main SC are DM2/heart disease/and PTSD I just hope I don't get hit by a truck!

Anyhow take care of yourself and stay the course for the battle I am sure you will eventually win!

[Berta]

Stillhere stated:

"Did you know that accrued benefits are now being passed done to family members? Spouse,daughters/sons and even parents in some situations."

Accrued benefits (those that derive from the award of a claim that was re-opened by the veteran's spouse within one year after death) can become payable to the next of kin if the spouses dies during appelate process-IF they derive from any AO disabilty that falls under the Nehmer Court Order and Stipulaton.Only Nehmer claims involve any payments to next of kin.

(one reason Senator Webb is upset about the IHD regs)

Accrued benefits are not passed down-they must be applied for within the first year after death (there are NO exceptions to that time frame ) and the claim that they derive from must have been re-opened or had a formal request for a substitution of claimant, that the VA recognizes as new claimant, and the pending veterans claim at death must be proven.

When I filed for ccrued benefits the law was widows could only get one year of accrued,then the VA took so long with that claim that the law changed and I got 2 years of accrued.

These days for deaths after Decd 2003 ALL accrued are pad. As well as ALL accrued is paid for deaths under Nehmer.

[Berta]

Examples:

Examples:

http://www4.va.gov/vetapp10/files1/1002121.txt

This widow lost a better EED under Nehmer for reasons stated in the decision.

However the claim is on remand as she also filed 1151 claim due to misdiagnosis of the veterans AO lung cancer and in that respect she might be eligible for accrued.

This is the first case I have ever seen that is sort of similar to mine.

(Makes me wonder how many AO vets they might have killed with malpractice.)

In this case the appellant was not the spouse but a qualified survivor under Nehmer

http://www4.va.gov/vetapp10/files1/1001629.txt

FINDINGS OF FACT

1. On August 23, 1988, VA received the Veteran's original

claim of entitlement to service connection for diabetes

mellitus type II, claimed as a result of exposure to

herbicides, which remained pending and unadjudicated at the

time of his death in May 1995.

2. The Veteran's diabetes mellitus type II, diagnosed in

April 1981, is presumed to be related to his exposure to

herbicides coincident with his service in the Republic of

Vietnam.

CONCLUSION OF LAW

Service connection for diabetes mellitus type II for accrued

benefits purposes is warranted. 38 U.S.C.A. §§ 1101, 1110,

1112, 5121 (West 2002 & Supp. 2009); 38 C.F.R. §§ 3.303,

3.307, 3.309, 3.1000 (2009).

(Can you imagine that- this case is a doozy- and a good read- the EED for accrued to the next of kin is 1988)

[stillhere]

Berta,

I was talking about the new admendments below that Dean has posted in the IU forum:

2. Amendment to 38 U.S.C. § 5121(a) (VA law makes clear that a veterans’ pending disability claim terminates upon the veteran’s death. However, a survivor of the veteran (such as a surviving spouse, child, or parent) may file a so-called “accrued benefits” claims. In this action, the survivor continues the veteran’s disability claim under the survivor’s name, typically arguing the same theories and relying upon the same evidence. Until recently, 38 U.S.C. § 5121(a) provided a two-year maximum cap on the amount of accrued benefits which could be recovered. The recent amendment to § 5121(a) removes this two-year limitation. Now, a survivor can receive the full measure of retroactive, unpaid accrued benefits, if he or she prevails in the survivor claim.

Practice Note: Be advised that the amendment was not made retroactive, and thus only applies to survivor claims in which the veteran died on or after December 16, 2003, the date of the enactment of the amendment.

[justrluk]

Good afternoon and thank you to all the elders and well-educated members that have given me hope to continue to fight on my worst days. I've read a few times in various forums of people knowing and emailing their VRO. I've tried to track down any way of finding the person working on my issues, but have been unsuccessful. Can anyone offer a hint as to how to find this person's name and email? I would just like to know where some of my issues are in process. I can see some details on eBenefits, but as many know, very limited information is available.

Thanks!

[carlie]

I've tried to track down any way of finding the person working on my issues, but have been unsuccessful. Can anyone offer a hint as to how to find this person's name and email? I would just like to know where some of my issues are in process.

Thanks!

just,

Usually if you have received a rating decision and the VA offers you a way to respond - there is a section

on the rating decision SOC/SSOC, in the top right corner that says

In Reply To: XXX/XX/Appeals.

This is the initials of the person having your claim.

It is very rare that a claimant have ANY direct contact with the person that has their claim.

This is usually only available at a Hearing.

There really is no accurate way to track claims through the adjudication process.

jmho.