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

Hello Bronc,,,, Yes ,,,I know that it must be very tough to see this double deployment so close too soon. It also is not easy because your not doing good either and just adds to the frustration. There is a God and we know that we ask for those specific needs ....."The angel of the Lord encampeth round about them that fear him and delivereth them." Psalms 34:7 . King David was surrounded by many enemies and he had to hide in caves from King Saul who sought to kill him and David's own son Absolom .... He prevailed and God protected him. I am putting your son on my prayer list and know that God cares about your son more than anything else. AMEN.

I know what a blessing you have been to me when I have gone thru this fire with everything so if you need me you just let me know too ....for anything. God Bless you and your family. NEVER GIVE UP. C.C.

Link to comment
Share on other sites

  • Lead Moderator

CC

The sincerity of your prayer brought tears to my eyes. I know you meant it. Many parents can understand when somone does something, good or bad, to their kids, it is like they did it to you only multiplied times 10. Pain for my kids hurts way more than any personal pain I feel.

In August when I picked my son up at the airport, and gave him a hug for making it back from Iraq, I realized that God gave up his only son so I dont have to give up mine. Its awesome he gave his up so I dont have to give up my son. I am stunned.

My son made it back from Iraq, and he related this story:

In Iraq, he was assigned a "battle buddy". I will call him "Martin". He and Martin were together, watching each others backs, for months. 24/7...eat, sleep, bathroom..everything. One day they were not together, in part, because of the many prayers both my church and I did for him. Instead, Martin was with two other troops, in the Stryker (military tank). Martin got out of the tank and walked over to check out something. A car had been parked where it was not supposed to be. The tank exploded from an IED killing the two men inside instantly. Martin had left the tank only moments earlier and was on the other side of the car. The "bad parked" car, saved Martins life, but the explosion still left shrapnel in Martin. My son was not injured because he was not in the tank he is normally in. My son would have been with Martin that day, but the men who were were both killed. The only explanation is prayer because my son had been with Martin, continiously, for months. They are not really sure why they were not together that day...but I know.

Link to comment
Share on other sites

Hello Bronc..... That is an incredible story that sent goose bumps up and down my arms and it shows that sometimes we never know when or why these things happen. To have your son protected sounds just like divine intervention. I also have a hard time knowing that His Son took the worlds place on that cross. It is way too big for me to even comprehend or understand , but I can only accept and BELIEVE. Just as you did. Amen. There are so many others like your son and like you and like me and its so important that we continue to try and help those that have come after us , because one day they will be like us trying to support those that come after them. God Bless our troops and our country and keep you and them safe Bronc. NEVER GIVE UP. C.C.

Link to comment
Share on other sites

Hello Bronc..... That is an incredible story that sent goose bumps up and down my arms and it shows that sometimes we never know when or why these things happen. To have your son protected sounds just like divine intervention. I also have a hard time knowing that His Son took the worlds place on that cross. It is way too big for me to even comprehend or understand , but I can only accept and BELIEVE. Just as you did. Amen. There are so many others like your son and like you and like me and its so important that we continue to try and help those that have come after us , because one day they will be like us trying to support those that come after them. God Bless our troops and our country and keep you and them safe Bronc. NEVER GIVE UP. C.C.

Thanks CC. Some may forget,,,but if a vet was in Viet Nam as well as any other war and made it back, you may not serve Him, you may not bow or bend your knees to an awesome GOD, but you know there was something that helped you to come back home...so...CC, broncovet and others, CC said it..."BELIEVE". B. your son is already blessed because of your prayers,,,somebody hears. I had better stop here, too much emotion...as has been said on hadit, "those who were there will never forget." God bless all here and bless their loved ones in harms way. And B. , tell your son thanks from all of us. CC, glad to see you back after your encounter. smile a lot......Larry

Link to comment
Share on other sites

Broncovet, I read your post hoping to find an answer then got lost in some peoples interpretation, I felt as though it was a legit question... etc, then read about your son and I know how you feel, I was a nervous wreck when I had 2 sons off to Persian Gulf, Bosnia, Somalia, another area not to post. I am Viet Nam Era vet, married to Viet Nam vet bronze star "V", and our fathers were in WWII, and families go back to Revolutionary war...and we were lucky...since WWI that is with our immediate family...You will be able to stay strong for you son, and he for you because you both have what it takes; Courage, Commitment, Duty,Honor,and God on your sides.

If you want you can post his first nane or nickname so all who wish may do so as CC include him in hisr prayer list too.

You are a very valuable member here on hadit, JMHO. Thank you.

Link to comment
Share on other sites

  • Lead Moderator

Well, thanks again for your prayers. I guess I was wrong about the VA policy change..maybe wishfull thinking.

Since you asked, I will tell you about my son, who I nicknamed "Put". He is the baby of the family and joined the military, in part, to honor me. Certainly, I do not deserve such an honor. He serves in the Army Infantry. He was big for his age in high school and the smaller guys wanted to make friends with him because no one would pick on Put. Too Big, and to strong. But he is very gentle...too gentle, in fact. He got a bonus, in the army and "lent" most of it to one of his buddies. He is the most giving man I have EVER met..always helping others...including me. He is a SUPER mechanic and great with his hands . When he was 12 he had a friend whose mom was single. When he was at their house, he asked about what was that toilet still in the box in their house. "Waiting for a plumber to put it in". Well then next time I went over there, his mother had to show me what Put had done. She led me to the bathroom where Put had installed the toilet and it was working. He had known how to do it, because I had showed him..once.

About every kid in the neighborhood loved Put...he would fix their bicycles for free..he learned that at an early age.

When he was in boot camp, I visited him for graduation. The men respected him but asked my why he does not curse. They thought he was the only man in the Army who does not cuss. Put has fixed his friends cars, computers, etc., and never charges a dime for it. I could not ask for a better son. I cant give him up to the war.

Put is like his grandmother. When Grandma was there she "unswiped" things. IN other words she listened to hear what you needed..maybe a pair of pants, socks, shoes, etc. After she was gone, you went to your drawer and exclaimed, "Gee, where did those socks come from"? Oh, yea..grandma was here. Well, put does not always unswipe things..he "unbreaks" them.

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