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

Veterans Benefit Act Of 2010, Read Beyond The Headline

Rate this question


broncovet

Question

  • Lead Moderator

The Veterans Benefit Act of 2010 was passed last week. Notice that there is no new money to pay for these things, they are reducing other Veterans benefits to pay for it, and the Va will actually save money. Of course, this will probably get lost in the fine print, just before election time. Read beyond the headline: Story here:

http://progress-inde...s-act-1.1045788

More important than what is IN this bill, is what is NOT in the bill.

Of course, there is nothing about our 25% Quality of Life increase. There is also nothing about a Cola, which will be zero, while the VA has raised the copayments for many Veterans. On one side of politicians mouth is "inflation went up and we are increasing your copays" and the other side says, "there is no inflation, so you dont get a raise".

If you are waiting for benefits, you are going to be waiting a long time, in a million man waiting list, that was also not addressed.

If your VA hospital was one of the majority of VA hospitals that failed inspection, often due to dirty equipment, this was not addressed either.

It is what the courts call a "deemed denial" of benefits, which works like this. The Veteran applies for benefits for 3 conditions. The RO sends a decision and awards (or denies) 2 of them. The other condition, which the VA has not addressed, has been automatically denied, or "deemed denied", and the Veteran is required to be savvy enough to figure this out, and appeal. If he does not appeal a deemed denial within a year, then the "deemed denial" becomes final and cant be appealed in the absence of a CUE.

Vawatchdog explains it here and the "new" Veterans benefit act does nothing to address this injustice to Vets.

http://www.vawatchdo...8-01-2006-1.htm

VNVets has a suggestion about what to do with "Vet Killers"...politicians who vote against Vets:

http://vnvets.blogsp...llers-list.html

Edited by broncovet
Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

The deemed denied part is a Joke but at least the Insurance is increasing to 30K.

The 18K auto allowance is nice.

J

Edited by jbasser

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

  • HadIt.com Elder

The VA raising co-pays while denying a COLA is almost criminal. They commit fraud on a grand scale by billing private insurance for SC conditions. Try fixing that problem and you run into a brick wall of denial and BS from the VA. I have my congress critter working on it, but who knows. They only work on individual case and not the whole fradulent process. They hail recent vets as heros, but they too are getting screwed.

Link to comment
Share on other sites

There are a lot of things not in this bill that I think we would all like to see. With that said, the items that are in the bill will help hundreds if not thousands of veterans.

I like the increase in life insurance ( wish it was more)

I like the increase in miortgage insurance, ( I have a $150k mortage, but before this went into efffect VA mortgage insurance was llimited to $90K.)

I like the increase in the auto grant ( even thouight I don't benefit because I used it in 1999)

Rome wasn't built in a day, and with this economy we should be grateful for any increase in benefits.

Link to comment
Share on other sites

I have a question on this bill about the insurance for the disabled veterans at 100% which I just joined. Does this bill mean that now 100% disability vets can buy 30,000 worth of insurance or the government is granting us 30K as no payments?? If so can we buy more?? This is confusing to me because the old way the VA gave us 10K free and we could buy another 10K to bring it up to 20. At least that is how I think it worked.

Anyone know??

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

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza 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