diabetes Nigtmare

[dobent4]

Hi Folks,

I have a bunch of diagnosis, the short story being that my condition is terminal, heart attacks on active duty, peripheral neuropathy, peripheral vascular disease, inoperable coronary artery disease, diabetes..(no, not due to obesity :) ).

Here's what I don't understand .

My claim was denied because of one reason , Incompetence.

My claim was denied after 23 months. VA AGREED with every diagnosis and when it was diagnosed.

The incompetence referred to is this- Each diagnosis VA denied they wrote that when it happened I was a reservist, not on Active Duty. They called it what is a a non-existent status, in VA's words "Active Guard Reserve". They obviously focused on the 'Reserve' in AGR ,and further with my future,and home for my family in their hands, were incompetent.

Each and every day during the 2005-2011 time period I was on Active Guard and Reserve duty, title 32. My 214 stated that so clearly, in "tricky" areas on the 214 like 'AD this period') which clearly showed this was entirely and completely an Active Duty period.

This is black and white, just like the documentation I provided was, but it was shabbily dismissed. For someone with so much responsibility, why is that not incompetence ?

So. Terminal health, I waited 23 months for this ? I'm losing my home, and the best VA can do is say to file a disagreement and wait months more ?

You know what ? When I was serving them I never did a half assed job like they have done to me and thousands others . When I screwed up it was fixed immediately.

But the VA ? Oh no. File a disagreement , ad nauseum, wait for months or worse, just so finally someone can say "oh, he's right".

From what I see you couldn't possibly care less. Guess I better get the lawyer, I'll read up on that here.

Un freakin' believable.

You'd think they'd have a 'quicky' review to discuss obvious errors, but common sense is in shortage status. As is integrity. Shame.

Doug

[carlie]

Hi Folks,

I have a bunch of diagnosis, the short story being that my condition is terminal, heart attacks on active duty, peripheral neuropathy, peripheral vascular disease, inoperable coronary artery disease, diabetes..(no, not due to obesity :) ).

Here's what I don't understand .

My claim was denied because of one reason , Incompetence.

My claim was denied after 23 months. VA AGREED with every diagnosis and when it was diagnosed.

The incompetence referred to is this- Each diagnosis VA denied they wrote that when it happened I was a reservist, not on Active Duty. They called it what is a a non-existent status, in VA's words "Active Guard Reserve". They obviously focused on the 'Reserve' in AGR ,and further with my future,and home for my family in their hands, were incompetent.

Each and every day during the 2005-2011 time period I was on Active Guard and Reserve duty, title 32. My 214 stated that so clearly, in "tricky" areas on the 214 like 'AD this period') which clearly showed this was entirely and completely an Active Duty period.

This is black and white, just like the documentation I provided was, but it was shabbily dismissed. For someone with so much responsibility, why is that not incompetence ?

So. Terminal health, I waited 23 months for this ? I'm losing my home, and the best VA can do is say to file a disagreement and wait months more ?

You know what ? When I was serving them I never did a half assed job like they have done to me and thousands others . When I screwed up it was fixed immediately.

But the VA ? Oh no. File a disagreement , ad nauseum, wait for months or worse, just so finally someone can say "oh, he's right".

From what I see you couldn't possibly care less. Guess I better get the lawyer, I'll read up on that here.

Un freakin' believable.

You'd think they'd have a 'quicky' review to discuss obvious errors, but common sense is in shortage status. As is integrity. Shame.

Doug

Welcome,

I am moving your topic to the Claims Benefits Forum.

Your profile here shows 100 % SC.

Has the VA granted SC to you for any condition yet ?

[Carl the Engineer]

I was National Guard "AGR" (Active Guard and Reserve) for 14 years. Most of my Service Connected Disabilities are from when I was AGR. I did stop using the term AGR after my first visit to the VA as I sensed a double standard and some confusion. From that point on I always said "Active Duty". I also did a year in Iraq under a active duty order, so that may have played a part as well.

I am also confused by you 100% rating under you avatar??

Hamslice

[stillhere]

Well I guess we can just wait for his reply but if he wanted to he could ask for a reconsideration and send in the evidence apparently they either did not get or did not read! My last one went 6 months if I remember correctly. He can also talk to his lenders and explain it to them there is a lot of help out there now, than there was before.

Stillhere

[dobent4]

Hey,

Sorry for the delay. Just spent a few more fun-packed days in the hospital.

The 100% disability thing is , no matter what the VA says, a fact unfortunately. I am 100% disabled with Soc Sec of course.That claim was spectacular to me how fast it moved and how helpful the employees I dealt with were.

This'll get approved, but I may well not be here to see it.

I have damage to coronary arteries that can't be helped with a bypass operation. I have to take 3-6 NTG tabs a day for unstable angina, which just means I get angina out of the clear freakin' blue with no activity causing it.

I have started the ball rolling for the hearing. It's a cryin' shame they have nothing like a 'quicky' review for something that Is so cut and dried as the examiner not knowing what the hell AGR is, along with maybe if the vet has a physicians letter stating the person has a terminal condition.

I'm sure similar things have happened to lots of folks .I had no cardiovascular issue(s) before military service, every single episode as it snowballed happened while I was on active duty.

I'm a believe in never saying anything if an idiot can POSSIBLY mis-interpret it, like 'AGR', but my 214's all stated AGR Title 32, but again, they also said ;'AD this period' followed by that number corresponding to every day of the enlistment,plus they had al the orders that all said they were federal,all active duty, Jesus Christ. .

It'll never cease to amaze me how such a fool can have the responsibilities they have yet be making such an elementary error.

It's clearly a Clear and Unmistakable Error , every diagnosis was denied because of one reason only 'Our documentation shows you were on a Reserve Status, which VA doesn't recognize ',etc.,etc. None were rejected by anything questioning the diagnoses, when they manifested themselves,nothing.

I half expected things like "You 214 shows you in the preserves", ad nauseum. Stipidity reigns.

Hey, thanks for any and all input folks, I really do appreciate it. Doug

[71M10]

Doug,

I normally don't recommend getting a congress critter involved (I think it slows things down), I don't know where you are located but look up your representative and Senators check to see if any of them are on a veterans oversight or armed services committee's. You will initially make contact with their liason for veterans affairs. Explain your situation to them, be ready to show them the obvious error (decision and DD214 showing active duty credit). Tell them you don't want an inquiry, that you want a personal active intervention from the congress person. If all they are offering to do is a standard inquiry, I would tell them don't bother.

You can also ask for a post-decision hearing. It is possible (not probable) that they could recognize that a serious error has been made that is unmistakable (but not CUE since this is a decision still subject to appeal). The starkness of this error may allow a speedy correction, but it will take a face to face meeting for that Ahh-Hah moment to occur.

For five years VBA (veterans benefits administration) have refused to recognize I have Kyphoscolios (say I do not have it), when the VHA (Veterans Health Administration) lists it on my active problems list and VA specialists are treating me for it. All because a VA allergist (who was doing my pulmonology C&P) said I couldn't have restrictive lung disease because I wasn't exposed to asbestos. Yet last year they granted Service connection for Sleep Apnea (as a restrictive lung disease). I hope soon to get to the BVA where they can read.

Thank you for your service and sacrifice!

[john999]

If you really think considering your health you should hire a lawyer. Stark errors do not always allow a speedy correction. As a matter of fact the worse the error and the more money involved the more likely the VA is to fight. They lose nothing by delaying your claim ten years. They don't pay interest on the money they cheated you out o,f and nobody gets fired for denying a claim.