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

[LarryJ]

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

I was assuming that since the OP stated that they "have no income" (present tense statement), that they were still not receiving the VA healthcare that they, by being 100%, were entitled to.

"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......"

But, hey, I'm probably wrong. I was just trying to help this vet out and trying to understand exactly why he could not get VA healthcare. I must have made an incorrect assumption. I am sorry.

Edited December 30, 2010 by LarryJ

[broncovet]

RSG

Im not quite getting your question. You have posted that you were denied medical care in 1969, but apparently got it eventually as you are now 100%.

I am guessing you are trying to get an earlier effective date of your 100% benefits, back to 1969, and thus retroactive payments back to then.

There are regulations that state to the effect that if you are injured while being treated at a VA hospital, you can get the same benefits as if you were injured in military service. I think this is called and 1151 claim.

For the VA, EVERYTHING is about documentation. And I do mean EVERYTHING. Do you have documention of this denied treatment in 1969? Unless its documented, the Veteran is pretty much out of luck. This is why Vets are so upset about the shredding scandal...the bottom line is that Vets evidence got shredded, so they had no way to prove it, and Vets got cheated out of their benefits.

[RSG]

Hi,

yes I was denied any outpatient care in 1969, as well as all the time up until 2002. Is that 1151 claim the same as a torte claim? THey have injured me twice since 2002, both with lack of response for neccessary surgeries.. I have had 7 strokes because of them and have so much nerve damage from spine surgery that I am in constant pain 24/7/365.. It really sucks...

If so I knew about that.. and yes I have documentation on everything...The BVA judgement That I recieved in 2009 specifies exactly where the VA screwed up in "69" it's all there in black and white....BVA judge quoted their errors in his approval of my service connection....and pointed out specifically where the VA made the errors in my original claim in "69". I have all the documentation since that point in time.

Tnx, RSG

RSG

Im not quite getting your question. You have posted that you were denied medical care in 1969, but apparently got it eventually as you are now 100%.

I am guessing you are trying to get an earlier effective date of your 100% benefits, back to 1969, and thus retroactive payments back to then.

There are regulations that state to the effect that if you are injured while being treated at a VA hospital, you can get the same benefits as if you were injured in military service. I think this is called and 1151 claim.

For the VA, EVERYTHING is about documentation. And I do mean EVERYTHING. Do you have documention of this denied treatment in 1969? Unless its documented, the Veteran is pretty much out of luck. This is why Vets are so upset about the shredding scandal...the bottom line is that Vets evidence got shredded, so they had no way to prove it, and Vets got cheated out of their benefits.

Edited December 30, 2010 by RSG

[carlie]

If so I knew about that.. and yes I have documentation on everything...The BVA judgement That I recieved in 2009 specifies exactly where the VA screwed up in "69" it's all there in black and white....BVA judge quoted their errors in his approval of my service connection....and pointed out specifically where the VA made the errors in my original claim in "69". I have all the documentation since that point in time.

Tnx, RSG

RSG,

You may have posted it before but I can't find it now, so can you post the

link to your BVA decision ?