Just A Question.

[RSG]

Hi,

I have a question about the legality of the veterans administration denying a veteran his rights to outpatient care. If the veteran served honorably, got an honorable discharge. Got ill in the service, got disharged with an honorable, no medical. but was discharged for medical issues....filed a claim wwith Va within 30 days of discharge for the same medical issues he was disharged for and was eventually denied any access to veterans outpatient care in first VA denial... Is that legal?anybody know? is there a CFR or something covering this issue?

Tnx

[Chu Lai69]

Hi guy's,

That veteran was me......They Va denied me any outpatient care in 1969. one month after I was discharged, (honorably I might add.) The 4 or 5 times I submitted my claim it was denied. That is what has cause me all the mental issues I have now. There has got to be a CFR or a Va regulation that will not allow the VA to deny a vet outpaitient medical care. especially when there was absolutely no reason for denying my care.....I have no taxable income......

RSG

If you are service connected they can NOT refuse you medical care. If you are not service connected and your household net income exceeds the limit they have set, then yes you can be denied VA health care. I have a cousin who was an airborne ranger. Not service connected on anything, he makes $85000.00 a year as an iron worker and he was denied VA health care. He was told he makes to much money and was not service connected for anything. Would this by any means fit your profile? Earning more then what the VA requires and not Service connected for anything? Or does anyone like your wife make an income over what the VA requires. They figure both incomes. Just thinking? Never mind I see you listed as 100% service connected. Something does not smell right??

Edited December 28, 2010 by Chu Lai69

[Testvet]

you will need to find the CFR 38 rules that were in effect in 1969 you can not use the rules that are in effect today to base any type of complaint about remember in 1969 they did not even recognize many of the conditions that are service connected today all agent orange related issues, PTSD etc so you need to find the old manuals from 1969 and see what they stated about veterans and their being able to obtain medical care from the VAMCs and how could they deny access to veterans discharged with known medical issues in 1969 I was still in high school and had never heard of the VA myself. But it would seem to me that would be your starting point since you are 100% now I don't understand your concern about 1969 but if it is about an earlier effective date for your claim and an attempt to get retro you are beating a dead horse and will just cause yourself more aggravation have you discussed this with a veterans lawyer that knows their stuff? They would have more knowledge if you have a snowballs chance in hell of getting anywhere with this.

[john999]

I am pretty sure vets were allowed some medical care in 1969 including getting your teeth fixed. If you were broke they would provide some care. If you were SC they would provide care just for the SC condition. The VA in 1969 was really a hell hole from my experience.

[RSG]

Yep, no doubt about that....

The only thing I have done is file a CUE...cause the VA screwed up royally with my claim back in 69...

Big BIG errors....

I am pretty sure vets were allowed some medical care in 1969 including getting your teeth fixed. If you were broke they would provide some care. If you were SC they would provide care just for the SC condition. The VA in 1969 was really a hell hole from my experience.

[LarryJ]

If you are 100% service-connected, as you indicate, then your healthcare is 100% covered. All of it. No deductables, NADA. It is ALL covered, including your vision care.

So, I don't understand your situation, apparently.

[carlie]

The OP is referring to not getting or being refused, VAMC medical care IN 1969, not now.