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

also we have an attorney checking into a tort suit for my son because he isnt 18 yet, I think its too late for my wife to file a tort claim, but possibly an 1151 claim,. We sent the pics of my son shortly after birth to the va. when we showed them to the DAV Arep, he was horrified.

Also they have not sent my wife for a CP exam for the depression, ony her ACNE claim.

She had been seeing a pysciatrist off and on at the va since around 2004. She cannot take depession meds as they give her really bad migranes. She still gets counselling though, and is at an appt today matter of fact.

also being she has been out of the arly for 17 years, I doubt adjustment disorder fits. if she hadnt adjusted by now, it aint happening. she is depressed, and they are trying to skate out of it. one good thing though, the depression claim is still showing on ebeeniies, so they didnt delete it .

Edited by 63SIERRA
Link to comment
Share on other sites

  • HadIt.com Elder

I think your fight for the birth is with the military. However, since it happened within a year of discharge you have a case with the VA. Did you make a claim for your wife's disability within a year of discharge? I am thinking the earliest effective date. It is obvious your wife had a traumatic experience at the hands of a military doctor if I understand that she delivered at a military hospital.

Link to comment
Share on other sites

The va can try and twist it however they want, I wont let them, the facts are, my wife was traumatized by the third world quality , violent, careless, birth suffered at the hands of the hospital that was obligated to deliver our son, because she was pregnant on active duty. They injured my son and my wife, and we will have to deal with it a lifetime. Mostly her, because ivbe been trying to keep a roof over our heads, the last 17 years, while dealing with my own service connnected disabilites which I was lowballed and still fighting them for fair comp. She has been depressed since the incedent and they will pay.

Link to comment
Share on other sites

I think your fight for the birth is with the military. However, since it happened within a year of discharge you have a case with the VA. Did you make a claim for your wife's disability within a year of discharge? I am thinking the earliest effective date. It is obvious your wife had a traumatic experience at the hands of a military doctor if I understand that she delivered at a military hospital.

she delivered my son exactly one day after her official discharge. so its a gray area. as I said the hospital it happened at are known butchers. They didnt settle with a soldier recently for 6 million because they are doing great work.

Here how dumb we were, the PA who sewed my wife up, told both of us we should sue they hospital, because it was screwed up what they did/. I was still active duty, she has just got out, thats not where our minds were. 2 days later my mother passed away., So we were on emotional roller coasters. We did not yet know that he was damaged, they knew something was wrong but just said.. failure to thrive. They then referred us to a civillian hospital a couple weeks later and wash thier hands of us. The civillain hospital diagnosed autism spectrum disorder. Which is a catch all diagnosis.

Edited by 63SIERRA
Link to comment
Share on other sites

Also I dont know who pulled adjustment disorder out of the hat, she has had no cp exam regarding mental ilnesses. Unless they called her doctor, or read doctors notes, that indicated that to be the diagnosis which I doubt. Unless the va has medical personell that can make diagnosis I had come to believe the raters could not make diagnosis. 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.

Edited by 63SIERRA
Link to comment
Share on other sites

I can see why they are avoiding the PTSD (depression) diagnosis because that would in a way, mean that they are acknowledging the birth injury, if they acknowledge the birth injury, that opens the door to tort, and 1151. The VA is dirty. They are looking ahead. They have the pictures of my son, and are looking to deny. They are masters of deception, they are trying to distract from the true condition, and re label. To suit a denial or lowball rating. were not going for it. !!!

I might try and call her rep and see if we can find out who added the adjustment disorder, why and when.

Edited by 63SIERRA
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