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

     

Fdc Claim Finished In 3-4 Months

Rate this topic


Philip Rogers

Recommended Posts

  • HadIt.com Elder

My VA group counselor, who we've been trying to get to file a claim for 5 yrs, finally filed an FDC about 3-4 months ago. Today he brought in his award letter. 100%, w/P&T, for IHD, retro to a yr before he filed his claim. He'd had by-pass surgery and a few stents about 7-8 yrs ago and 2 more stents about six months ago and has been w/the VA just over 5 yrs. His claim was farmed out to Nashville, TN.

He announced he's retiring the end of Feb. We've advised him to file for SSDI, Monday.

A couple of questions, tho. Can he receive SSDI and his VA retirement, at the same time without some kind of offset?? Should he just retire from the VA or should he apply for a medical disability?? He has 5 yrs, at the VA, plus credit for his military time which gives him about 11yrs.

He received about $45k retro.

I hate training new counselors!

pr

Link to comment
Share on other sites

  • Replies 10
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

PR - I don't want to speculate on the questions you ask, but...do want to say congrats!! These fine people have dedicated their time to assisting vets like you and me and to hear your group encouraged him to file on his own behalf is proof of that "good karma theory".

You & your group should be VERY proud! I applaud you all.

LC

"I ADVISE & ENJOIN THOSE WHO DIRECT THIS WEBSITE IN THE TOMORROWS NEVER TO ADVOCATE ANY CAUSE FOR PERSONAL PROFIT OR PREFERMENT. I WOULD WISH IT ALWAYS TO BE 'THE TOCSIN' & TO DEVOTE ITSELF TO THE POLICIES OF EQUALITY & INJUSTICE TO THE UNDERPRIVILEGED.

IF THIS WEBSITE SHOULD AT ANYTIME BE THE VOICE OF SELF-INTEREST OR BECOME THE SPOKESMAN OF PRIVILEGE OR SELFISHNESS IT WOULD BE UNTRUE TO ITS HISTORY."

God Bless you all and Good Luck.

LOOSE CANNON

For Real Solutions For Positive Change Visit http://www.veteranwarriors1.com/index.html

Link to comment
Share on other sites

  • HadIt.com Elder

He can get OPM disability since he has been a federal employee via the VA. Plus he can get SSDI and his 100% from the VA. That is what I got more or less.

Link to comment
Share on other sites

I was able to get my OPM Disability approved but it was a headache seeing how the Dept of Homeland didn't want to allow me to medically retire but once you file with FERS your medical documentation will speak where others can not. Good Luck my friend :smile:

God Is So Good!!

Link to comment
Share on other sites



  • Tell a friend

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

    • KMac1181 went up a rank
      Rookie
    • 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
  • 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