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 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Bad Day For My Daughter

Rate this question

Guest terrysturgis

Asked by Guest terrysturgis,

 Share

Question

Guest terrysturgis

Guest terrysturgis

Posted
Posted

I've been helping my daughter with her claims since day one. She is 90% SC. The denial is based on the fact that she got SSD on a non service connected condition. Point being that in addition to her Non service connected conditions her SC conditions are definitely a big part of what keeps her from gainful employment.

She has not been able to work since being medically retired from the Army in 2006. The attorney out of New York that helped her win SSD also was supposed to help with her VA claim. After 11 months and 10 days they had not filed a notice of disagreement for TDIU. When I found that out we dismissed that attorney and filed an NOD with the help of the Purple Heart folks at Fort Drum.

I am asking our HADIT brothers and sisters what ya'all think we should do next. Terry and Jill

Link to comment
Share on other sites
  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

7 answers to this question

Recommended Posts

Berta

Berta

Posted
Posted

Boy that is scary what the attorney failed to do.....at least you or she filed the NOD herself and on time.

Can you possibly consider an Independent medical opinion that would state with a full medical rationale that her service connected disabilities alone, would prevent her from getting gainful and substantial employment?

If the VA did not know of the SSA award, and/or since many vets don't even have a SSA award for disability, it seems to me that an IMO doctor could find enough medical rationale to support TDIU,with her 90% now.

There might be something in the actual SSA decision that could help the doctor separate her SC from any NSC in a valid way for TDIU purposes.

I am anxious to see how others advise here too.....

Has VA Voc Rehab ever turned her down solely for her SC disabilities? That too is excellent evidence of TDIU.

Did she mention and did the VA consider the side affects of her SC meds? Those side affects alone might substantially hinder employment, but that too would need a doctor's statement to support that reason.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites
carlie Grand Master

carlie

Posted
Posted

terry,

What are her SC'd conditions and the evaluation levels for each ?

What are her non-SC'd conditions that were used to support the denial ?

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites
Guest terrysturgis

Guest terrysturgis

Posted
Posted

My daughter is signed on with Robert Walsh Attorney. Onward and upward. Thanks for the help JBASSER, John 999 Berta and Carlie. Terry

Link to comment
Share on other sites
  • HadIt.com Elder
jbasser Grand Master

jbasser

Posted
  • HadIt.com Elder
Posted

Bob is one of the good guys.

You chose wisely..

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites
Berta

Berta

Posted
Posted

He sure is.....We have done many shows with him at SVR radio, all available here in the SVR archives.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      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
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      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.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         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:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept