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

Va Change Of Policy?

Rate this question


broncovet

Question

  • Lead Moderator

Apparently, "Veldrina", apparently currently working at the VA, is answering Vets questions. This would be, in my opinion, a change for the better, as anything to improve communications between the Veteran and the VA would be a step in the right direction.

Here is my question for her:

I applied for benefits in 2002. Those benefits were denied. I appealed. Upon appeal, the BVA awarded my benefits.

I am in dispute of the RO implementation of the BVA decision, in part, because I am in dispute of exactly what was the "benefit sought" in 2002. I contend that certain evidence was shredded, and, as a result was never considered in the 2002 decision. I have evidence to support my contentions, with a resubmission of at least 30 documents that had been removed from my claim.

I received a phone call about 18 months ago from someone representing themselves as from the VARO. They said that my "shredded evidence" claim was not valid because the evidence shredded was OUTSIDE of the specific dates specified in Dr. Peak's fast letter, 08-41.

My question is, what happens, when Veterans evidence was shredded outside of the specified dates?

<

Edited by broncovet
Link to comment
Share on other sites

  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Broncovet,

I think that Veldrina has made it clear that she is here of her own volition, so therefore there is no "VA change of policy". There have been members, who worked for the VA here before and hopefully there will continue to be so. Their answers are general in nature, and are not for a specific case; and it is even doubtful they could access a specific case. It would be against the law if they did.

You are lucky to have the documents to resubmit, some veterans didn't know better and submitted originals that got lost or misplaced or even shredded.

"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me

96C2P/96F2P (old MOS designations)

97E2P/37F2P (new MOS designations)

Link to comment
Share on other sites

Broncovet:

I always ready your posts and I've learned a tremendous amount of information from you. Believe it or not, some of your posts have helped me achieve my current 70% rating. I consider you an asset to this forum. However, I have a concern with your post on this thread.

Veldrina is here on her own accord. PLEASE think before you jump on her for the VA's past issues. We don't want to make her feel she is not welcome or appreciated. God knows we need all the help and understanding we can get on here.

Veldrina came here to be a help to us. I would be the first to kiss her feet in order to keep her active on here. Think about the needs or all the other veterans that can benefit from her insight and guidance before you try and run her off.

thanks Buddy

JHawks

70% SC Disabled Vet

Link to comment
Share on other sites

  • Lead Moderator

My apologies to Vedrina if it appears that I am trying to "run you off". I would like answers, but, if you dont have the answers to my questions, please stick around and answer other Vets questions even if I am a jerk sometimes. And, thanks, Hawk. As you know I have stuck up for you, too, when it seems like some others blasted you.

Link to comment
Share on other sites

My apologies to Vedrina if it appears that I am trying to "run you off". I would like answers, but, if you dont have the answers to my questions, please stick around and answer other Vets questions even if I am a jerk sometimes. And, thanks, Hawk. As you know I have stuck up for you, too, when it seems like some others blasted you.

No problem. If you were closer I would buy you a beer, or two or three or four.....But I ain't kissin yer feet.

70% SC Disabled Vet

Link to comment
Share on other sites

  • Lead Moderator

Thanx, guys. Im a real mess now. Got a call from my son..he is likely going to be deployed to Afghanastan, when he just got back from Iraq. The stop loss thing. He is 20 years old, not old enough to drink, but will be headed to his SECOND war.

I cant beleive this is happening. I cant take the loss of my son to the war. I know..none of this makes sense, and it doesnt to me either.

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK 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