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

Could A Fire Sale Cut The Va Claim Backlog?

Rate this question


pacmanx1

Question

  • Moderator

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Lead Moderator

Im not so sure this is a bad idea for everyone only if the Vet himself could decide. It would be a choice between "money now" and maybe more money later.

It does remind me of the "JD Wentworth" commercials. Do you have a structured settlement but you need cash now? Then he says, "Its your money, use it when you need it." This plan would be "Jd Wentworth" of the VA, as it should be obvious that JD Wentworth is not doing this for free. Should we ban JD Wentworth, because people with an annuity would get more money if they just waited? I dont think so. Even tho some people who "take" the early money would likely regret it, some people who buy a new car, regret that decision as well.

There may be compelling reasons to accept less now. One of these would be that the Veteran is too weak, emotionally or physically, to fight the VA in appeals for 7 or 8 years, and just wants to get it over with. There is something to say for a "peace" that you have knowing its over. Remember that many, many, many Veterans "give up" on their benefits and quit fighting and get zero. While we dont see many of those here, because hadit members are fighters, we need to take into account there are about 21 million Veterans, and most of those are not hadit members, tho I will agree that they would be better off if they were.

Bottom Line: Let the Vet decide if he wants (presumably less) money now, rather than maybe more later. Who are we to decide other Veterans financial decisions? Social Security already does this: If you take your social security at age 62, you get less than at age 65, etc. Each recipient decides what is best for his situation. I dont think we need the government making our financial decisions for us...remember the fiduciary scandal where the government "takes care" of the Veterans money for him hasnt worked out all that well for many Veterans.

Link to comment
Share on other sites

  • Lead Moderator

Here is an example of a Veteran who may well benefit from this. The Veteran has a good job, but is not making Very much money and unable to "make ends meet" short term. He knows his job well, and is 100% confident that he can move up the ladder and get a nice retirement, but he is worried that he just cant make ends meet until then. Maybe he is commuting a long distance to his job, and desperately needs a new reliable car, but no money to get one. He has a moderate hearing loss, but is able to continue his job, but is worried about trying to get another one.

Enter: VA offers him 30%, about $350 a month, to not apply for any more benefits, ever. He weighs it over, and accepts it, gets his new car (lets just say a new car for $350 a month), and eventually gets his promotions, retirement, etc. While his hearing still probably gets worse, by not having to wait a decade on the VA to pay his benefits, he can get his new car now, be a reliable employee as his car never breaks down, and make up the potential of his hearing worsening by putting more into his 401k or IRA after he gets the car paid for and gets salary increases. In effect, him being able to get to work every day with a reliable car now, could be worth Thousands per month in retirement later, as getting fired for being repeatedly late wont get any retirement benefits.

Link to comment
Share on other sites

  • Lead Moderator

Remember, I would only be for this "plan" if the Veteran could decide. While I would agree that it would not be in many Veterans best interest to accept it, we dont want to make the mistake of thinking that all 21 million Vets are "just like me".

The Vet would have the option of "just saying no" to a flat, never to increase 30%. Having more options would not be "bad" for Vets, assuming wise choices. I do not, however, think that all Veterans are stupid and need "government intervention" to prevent us from making stupid mistakes. I make enough stupid mistakes on my own, and do not need some government agency making mistakes for me...if our government made all good choices, then we would not be in some of the messes we are in now.

I would have to think about it long and hard, but sometimes I would like to have the past 9 years I spent fighting with the VA back. This 9 year fight was not without wounds or sacrafice, I can assure you. Some Vets have said they would rather fight the gooks than the VA... while many Vets have waged war with both. I think the VA likes that Vietnam Vets "are already worn down from their wounds" when the VA fights em.

Link to comment
Share on other sites

I personally would not go for this deal, as I trust the Va about as far as I can throw a house. Here, is what I see would happen, you turn down the deal, going for a higher rating. The Va says, um, so he/she turned down our offer, the ungrateful #$%@, lets seem, we have a nice storage area under the basement, that would be a great place for the claims of these ungrateful ones.

Papa

Link to comment
Share on other sites

  • HadIt.com Elder

I got 10% when I first got ouf of the army. Now I have TDIU plus "S". If I had signed off at 30% 40 years ago I would be hurting today. My disabilites did get worse. Some of my conditions were AO conditions that only in the last ten years were SC'ed.

Link to comment
Share on other sites

  • HadIt.com Elder

The 30% should be paid in ADDITION to the schedular amounts when the VA has delayed a claim for an unreasonable amount of time, say over one year. Or, the VA made an improper denial or other ruling that was overturned by the courts. The only way to force the VA to act in a reasonable and timely manner is to eliminate any financial advantage that is gained by delay or improper denial. An additional 30% paid retroactively for the delay time to the end of the current year would certainly provide the impetus needed! A source of the funds?

How about the Bonus funds?

Edited by Chuck75
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
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
  • 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