Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
Troy Spurlock

Question About S/c Disability Requiring Surgery, But Veteran Incarcerated...!?!

Recommended Posts

I've read the basic brochures, fliers, and other related information that makes it pretty clear that once a veteran has become a ward of the state...the VA wants to pass the buck onto the state to care for the veteran and their service-connected injuries that may or may not require immediate attention.

Is anyone aware of any loop holes or case law that would essentially put the burden of care back onto the VA for a war time clear cut-n-dry physically debilitating condition that has been granted s/c and rated s/c?

A new VA attorney and friend of mine inquired if I knew anything since I work in a criminal justice field and close to the county jail (which clearly isn't state prison).

As of right now the convicted veteran who returned from war and didn't adjust well got into the wrong crowd and got caught burblarizing a home. He's now at the state hospital where he likely won't leave due to his debilitating back condition, and there is no hint of the state giving him the surgery he needs to correct it.

So, any insight into this would be most appreciated.

TS

Share this post


Link to post
Share on other sites

Ad

This Vet needs a good advocate on the outside. Maybe even you? I dont know. Of course, I dont know any of the details other than what you posted. Those details should be looked over by the Vets advocate/attorney and determine a course of action. I dont think there is "general" advice that will help, other than persistence, and getting help. If you published details, then we can give you a more specific answer, but often Vets post "general" information and want a "specific" answer to their problem. A specific answer requires specific details, and a "general" question can only yield "general" answers.

Remember, the VA just wants Vets to "go away" so they can move on to the next case. They usually try denial first. They are hoping you go away, and 85 % do go away, and dont appeal.

If they can get the Vet to "go away" by burdening the state instead, that is a win for them! The VA pays way, way, less benefits to incarcerated Vets, if any, and they look for things like this. The VA thinks we are all jail birds, alcoholics, liars and cheats, and treats us accordingly.

Share this post


Link to post
Share on other sites

Apologies...I thought I gave enough info for a general if not specific answer on point. I'll try again...

Iraq/Afghan. Vet returns from combat tour of duty having combat injuries, PTSD, TBI, and severe back injury that has for the past couple years required surgery but the VA dragge it out (took me two years fighting VA to get them to do my back surgery).

Vet doesn't adjust we'll, self-medicates with alcohol and gets involved with wrong people and comits crime that lands him in a state prison; however, due to his combat injuries he is committed to the state hospital instead of prison.

Vet has an attorney, but he is new to representing veterans an asked me if I knew anything in this area.

My first response was that now that the vet, his client, is a ward of the state the VA passes the buck (responsibility) for the vetetan's health care onto the state.

This attorney, being an OIF/OEF veteran and officer himself is ticked because he firmly believes incarcerated or not, vet injured in line of duty and service connected for those injuries, thus it should be the VA providing him the back surgery he needs.

Bottom line, I was curious I anyone hear of any similar situation and if there was case law giving a veteran a loop hole to force the VA to provide the health care the veteran deserves if the state isn't providing it?

Share this post


Link to post
Share on other sites

Was the vet convicted of a felony? Was he found to be insane? I am pretty sure if the vet is involuntarily committed to a state institution it is up to the institution to provide health care. The thing about being sent to a state hospital is that the sentence may be up to hospital staff as to if and when they feel he is competent to be released. The Vet does not get compensation while in prison, but I am not sure about a state mental institution. The vet needs an experienced lawyer.

Share this post


Link to post
Share on other sites

Again, he was convicted of charges related to burglary and he is at the state hospital because the prison wasn't equipped to treat his physical combat wounds, specifically his back.

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 4 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines