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 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Why Would They Add This?

Rate this question


63SIERRA

Question

I was checking ebennies on my wifes claims and they added "( adjustment disorder}. She already had put in for depression,16 months ago, and it was listed in the contentions, so we dont know who, added the adjustment disorder or why. also the claim recently moved to pending authorization of descison. If it all falls undet PTSD, why would they add that.

Edited by 63SIERRA
Link to comment
Share on other sites

  • Answers 45
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I am not sure, but you might have to wait until your son reaches the age of majority and then he can sue on his own behalf (with a guardian ad litem's assistance). I am thinking that until a child is 18, the parents have the right to sue (subject to any statute of limitations). If the parents do not sue, then the statute of limitations for the child to sue in their own behalf starts when the child reaches the age of majority.

By all means get all the info you can now though - and start building the case.

Edited by free_spirit_etc
Think Outside the Box!
Link to comment
Share on other sites

on the old medicine bottles of the meds they were prescribing her that gave her massive headaches and she had to stop taking, it said FOR DEPRESSION. not FOR adjustment disorder.

I don't think they ever put your diagnosis on your medicine bottle. They put what the medicine is for on the medicine bottle. If you have arthritis and take pain relievers, the medicine bottle won't say "For arthritis." It will say "For pain."

Think Outside the Box!
Link to comment
Share on other sites

heres the resent case which mirrors what happened to us pretty closely except my son has autism spectrum disorder. but lots more, such as seizures. I believe it was due to lack of oxygen to his brain. we have photos of his veins bulging in his forhead, from them squeezing so hard, and pulling so long on his head to get him out. his face was black and blue from the forecepts, pulling so hard for so long.

as I said, even the PA that sewed my wife up after they tore her open said we should sue them. she was really upset, and seemed to resent the doctor that delivered my son.

Think abt it, how may PA s will say something like that, knowing it could come back to them, telling a patient, that they should sue the hospital, because the doctor is a butcher.

http://www.aboutlawsuits.com/military-hospital-cp-settlement-57918/

Edited by 63SIERRA
Link to comment
Share on other sites

Not that it would be definite proof, but they can tell things about brain injuries with certain tests. When my son was being treated in the hospital and having anger outbursts, I told the doctor I didn't think it was just a matter of him controlling his anger. I had noticed that right before the outbursts, his eyes would kind of vibrate and then right after them he would look kind of stunned like he had no clue what had just happened, like he was coming out of a trance or something.

The doctor decided to do a sleeping EEG, and told me that the results were consistent with a severe closed head injury. I said he had banged his head hard as a child, but the doctor said the results were more like they were from a severe injury, like falling out of a second story window - or a car wreck. We never were able to figure out what had caused it, but he was diagnosed with left temporal lobe injury.

Perhaps it was caused at birth. I don't know. I was in labor for a LONG time. Toward the end, the nurses kept coming in very often, pretty upset that the doctor didn't do something. I would say my son was in distress because I was having back labor from him presenting forehead first, but then the back labor would stop and the nurses would tell me he had turned. Later the back labor would start again, and they would tell me he had turned again. The kid wanted out of there and he was trying!!!

His head was bruised -- but the delivery was pretty easy - nothing nearly as traumatic as your wife experienced.

But my son also has autism spectrum disorder. He is more high functioning though. But few people knew what to do with the higher functioning kids at that time (My son is 34 now). They didn't seem to fit clearly into any diagnosis or treatment program.

But I think for a case for your son, you would need more than showing that the birth was traumatic, and that he has autism spectrum disorder. You will need a doctor that connects his disability to the traumatic birth, and you will need to show the standard of care was violated.

That won't be real easy after a long passage of time. But it wouldn't necessarily be impossible either.

Edited by free_spirit_etc
Think Outside the Box!
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


  • Tell a friend

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

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • 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

       
    • 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. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use