Well, I haven't been on lately due to being out of town for death in family with no internet access. I've been checking my bank account every couple days to see if any money had fallen into it from heaven. NO. Here's the current status. I filed an appeal and DeNovoReview back on May 15th to save my 1 year time table, two weeks later, I got a letter from my primary care doc stating "not feasible employment" or something to that effect. Ver batim what the Team should be looking for.
This was in a report to the Voc Rehab counselor. She subsequently called up the contractor that was trying to get me a job, and told him it was no longer necessary. This happened on June 1st. Drove straight from the VA to the VARO, Roanoke Virginia, and gave said paperwork to counselor, she made a few copies for me, I then walked 70 feet down the hall and handed it to one of the reps at the VARO to add to my file, time and date stamped.
I call the VARO this afternoon, to find out the status of my claim.... "well three days ago, we sent a request for a C&P to the VA". He didn't know or wouldn't say what it was for, and when I asked him about the letter I already had from 2 VA Docs and 1 MSW at the Vet Center, saying I was unemployable, permanently, he stated I don't know anything about that, just that you should get a letter this week scheduling your appointment.
I suppose when I get back on Monday I'm going to have to make some more manuevers. I'm going to see the Voc Rehab lady, and get a copy of the letter she wrote. She told me that once it was in their hands, it should be pretty quick. I know she wrote it, because it closes up another case for her. Then I will hand deliver that letter to the office down the hall, then contact my Senators office with a copy of the letter and ask what the hold up and another exam is for.
I've gone throught the Voc Rehab process and been deemed unemployable. Acoording to 38 CFR, once that is done, it should be permanent and total, TDIU. I'm at 70% now, and this crap is really steaming me up.
I realize this is a rant, but I'll never understand how or why the VA can take a situation that is in black and white and easy for them to make and find a way to drag it out. I suppose they want to wait til October so they don't take the hit on this fiscal year for all the back pay.
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.
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”
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.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
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10thFO
Well, I haven't been on lately due to being out of town for death in family with no internet access. I've been checking my bank account every couple days to see if any money had fallen into it from heaven. NO. Here's the current status. I filed an appeal and DeNovoReview back on May 15th to save my 1 year time table, two weeks later, I got a letter from my primary care doc stating "not feasible employment" or something to that effect. Ver batim what the Team should be looking for.
This was in a report to the Voc Rehab counselor. She subsequently called up the contractor that was trying to get me a job, and told him it was no longer necessary. This happened on June 1st. Drove straight from the VA to the VARO, Roanoke Virginia, and gave said paperwork to counselor, she made a few copies for me, I then walked 70 feet down the hall and handed it to one of the reps at the VARO to add to my file, time and date stamped.
I call the VARO this afternoon, to find out the status of my claim.... "well three days ago, we sent a request for a C&P to the VA". He didn't know or wouldn't say what it was for, and when I asked him about the letter I already had from 2 VA Docs and 1 MSW at the Vet Center, saying I was unemployable, permanently, he stated I don't know anything about that, just that you should get a letter this week scheduling your appointment.
I suppose when I get back on Monday I'm going to have to make some more manuevers. I'm going to see the Voc Rehab lady, and get a copy of the letter she wrote. She told me that once it was in their hands, it should be pretty quick. I know she wrote it, because it closes up another case for her. Then I will hand deliver that letter to the office down the hall, then contact my Senators office with a copy of the letter and ask what the hold up and another exam is for.
I've gone throught the Voc Rehab process and been deemed unemployable. Acoording to 38 CFR, once that is done, it should be permanent and total, TDIU. I'm at 70% now, and this crap is really steaming me up.
I realize this is a rant, but I'll never understand how or why the VA can take a situation that is in black and white and easy for them to make and find a way to drag it out. I suppose they want to wait til October so they don't take the hit on this fiscal year for all the back pay.
80% SC/100% TDIU
70%PTSD All the rest is Back problems.
10th Mountain.
God Bless the Troops.
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