Where To Start? Do I Qualify?

[Tampabud]

Hello everyone...

I had service-connected surgery in June of 2014 on my left shoulder. The surgery was a "failure" as my labrum was found grossly unstable and not amenable to repair. I am in law enforcement, but as a result of the bungled surgery and subsequent "cleaning" aka removal of existing scar and muscle tissue that held everything together, my shoulder now is painful and worthless, and the doc won't sign me off to return to duty.

To make matters worse, I requested an increase on my rating as the original rating stated I had a shoulder sprain with bicep tendonitis - 10%. They had misdiagnosed me and it turned out a lot more than that. On February 24, 2014 they closed my request for increase without even addressing my claim! Like, they just closed it! Manila envelope that came mentioned absolutely nothing about my shoulder.

As I type this, I am awaiting placement into a "desk job". I am losing quite a bit of money in overtime, and the surgery has rendered my B.S. in Criminal Justice near worthless. My operational days of law enforcement are over. What are my options? Do I qualify for vocational rehabilitation? I would just as well get my Masters if possible in a field that will be worthy.

Other than that, I have no idea what to do. The DAV has been horrible and worthless, the surgery left me in pain dammit, and man am I losing money. Suggestions please! Do I need a lawyer? Recommend one! Thank you in advance for taking the time and reading this, I have no idea how to deal with the VA, and realize most any experience has left me frustrated and ready to donkey punch everyone at regional.

[Berta]

"I got an email this morning, it specifically states they never recieved a claim on my shoulder, but that they will accept an "informal claim", as long as I file by March 4, 2015. "

Do you have a proof of mailing receipt for the claim?

I learned to send them everything via USPS Priority mail with a tracking slip and I always print off the Tracking slip delivery info.

Did the DAV however, say they filed the claimfor you?

Perhaps they have proof of sending it to the VA.

[Tampabud]

It shows my request for increase claim in Ebenefits, and it also shows that it is closed. That is the proof right there. The reps on the phone find it immediately too.

[63SIERRA]

Tthey are playing games with you and taking advantage of your ignorance of how The va system works. plz dont take ignorance as derogatory, it sImply means. you do not know. society has turned ignorant into a derogatory term.

you have many options so relax, educate yourself on how the system works and you will be fine.

The va system is a process that works very slowly most of the time.. You need to condition your mind to accept the fact that this could go on for a while. Heres the good news though, you have stumbled into the best place possible to get the best advice possible on how the va operates and how to deal with them ... all GRATIS..

Start a file, and treat you Va and SS disability claims in a businesslike , forensic manner. claims are won or lost on the DETAILS.

Edited March 13, 2014 by 63SIERRA

[john999]

I think the old fashioned way to file a claim where you get a proof of mailing receipt or certified/return receipt is the best way to deal with the VA. Things can vanish from your claim file including evidence that is crucial to your claim. You need proof you sent it to them. The VA assumes that anything they send you is received by you. This is not true for you. You need proof. As far as ignorance of the VA rules that is the VA's card in the hole. If you don't know the rules they don't have to tell you. How many thousands of dollars have I been screwed out of due to my own ignorance.....many, many thousands? I don't believe their are shortcuts in the VA claims system. The shortcuts usually backfire on you.

For instance, a vet with severe PTSD puts his trust in some VSO and finds out later the VSO did not file a NOD on his behalf in a timely manner. This could be a year later, ten years later or 30 years later. Possible higher rating down the drain with no way home. Even a very sick vet with no VSO gets a decision from the VA, and little if any guidance on what needs to be done to offset a low ball rating, or downright denial except "you have X number of days to file a NOD if you wish to appeal this claim"? Why should not the VA schedule an appointment with the vet to make sure he/she understands their appeal rights? It is all on the vet's shoulders to understand the consequences of sending in a one page letter (NOD) to the VA by certified mail. The VA is guarding the US Treasury and gives a ^%$# about a sick or injured military member. They do only what the law requires.

John

[63SIERRA]

right on John.,, another thing, dont EVER tell the va your dying or might die. that is cue to put the brakes on your claim, tell them your family lives very old, like moses.

citing chapter 38 rules to them, lets them know that you are in the know, and will at least eliminate some of the rookie type games they will try to play with you to deny your claims.

It is NOT a compassionate system where the benefit of the doubt goes to the vet, it is a hostile system where they will leave you sitting on the curb, if the dog eats your homework.

[john999]

Sierra

Many is the elderly person in a nursing home who has filed for A&A only to die before the VA approves their claim. People don't believe the VA waits for claimants to die, but I know they do. My mother died waiting and the VA claimed they could not find my grandfather's military records, so my grandmother never got A&A either as a survivor of a war vet. The only one who got A&A from the VA was my Aunt who was also getting DIC and had all the records. I submitted all their claims.

John