Check In Hand!

[Philip Rogers]

Six figures, sweet!!!!!!!!!! Enjoy what you have left of life, now.

pr

The Eagle roosted on my mailbox today. Just long enough to deposit a six figure retro check.

Paperwork was supposedly generated at the VARO last week, and has yet to catch up.

The post office must have fired the pigeons, because it's less than one hundred miles as the "crow flies" to the VARO.

In the past, I've had VA letters from the RO that were dated up to five days before the postage machine stamp on the envelope.

Without the details - -

They may or may not have used the correct rate (married)

The effective date may be off a bit.

[Chuck75]

The fat "white envelope" showed up today (Good Friday, yet!) With the gory details of a Nehmer award. Check was in hand yesterday.

There is a six day difference between the stamped date on the envelope and the date on the award letter. Only two days from the envelope date to "in hand",

and the award letter actually was sent from Florida, not my area VARO.

The VA actually did get the EDD correct (Shock!). The married rate was applied. The correct current monthly payment was calculated properly.

There was some question as to what date they would try to use, since the correct date was dependent upon a claim application (A.O. Presumptive condition) that did not specifically mention IHD or heart disease. Later the VA specifically denied heart disease when a specific claim was made. They also awarded hypertension as secondary to IHD, which was also previously denied. A C&P examiner tried to claim essential hypertension, and the treating doctors records and statements refuted the C&P examiner's opinion. (Board certified specialist vs. RN examiner)

This means that so far, the individual SC'd condition totals add up to 150%, 10%-20% short of what things actually should be, wonder why? <G>.

Now that the major hurdle has been overcome, it's time to concentrate on the rest. Scars were SC'd at 0%, and an SMC duty related condition previously denied was not mentioned.

The VA did include the information form 21-8760 concerning P&T, but not the "certification of total disability" and DD 1172. (Always something)

Phone call to the infamous 1000 number actually went through first try, and the VA rep supposedly generated the needed certification, etc. while I spoke.

Supposedly, I should see stuff early next week.

Hadit was a great help and provided encouragement during the persuit of this claim.

I wish I could say the same thing about the state veterans affairs reps, and the other service organizations. (DAV, VFW, etc.)

Their ineptness caused or contributed to denials and the need to eventually get a lawyer. Someone once said that the VA starts actually doing what they should have done when lawyers get involved. I found that to be the case. The VA actually did respond within the 21 day Nehmer limit after receipt of the last letter from the lawyer, which basically said that you have everything needed, quit screwing around. Actually, a case can be made that everything was in place over a year ago, and The VA was technically in contempt.

Six figures, sweet!!!!!!!!!! Enjoy what you have left of life, now.

pr

Edited April 22, 2011 by Chuck75

[Pete53]

It always amazes me when I hear Veterans resent lawyers or paying them. If I could have gotten a lawyer I would gladly pay them what they charge just to take the worry off and to get it right. Funny how the lawyers get involved and the effective dates are right and things happen quicker.

[Chuck75]

I don't resent the fact that lawyers get paid. Under the "old rules" they had to work "Pro Bono" as the law required a payment that was a 'pittance". 10 or 20 dollars?

On the other hand, I deeply resent that the veteran in essence has to pay to correct the VA's mistakes. The time required is totally ridiculous, and from that alone, the VA should be paying reasonable costs, not the veteran.

The anger is such that if the VA had done what it should have done, and complied with the law, I would likely have quit at this point. But, since they forced me to fight, I will not consider the fight over until all reasonable "issues" are resolved in my favor. Collectively, they result in about a 10% difference in the monthly payment.

It always amazes me when I hear Veterans resent lawyers or paying them. If I could have gotten a lawyer I would gladly pay them what they charge just to take the worry off and to get it right. Funny how the lawyers get involved and the effective dates are right and things happen quicker.