Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $2,528.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

How To Report Retailiation By Varo Due To Veteran Whistleblowing?



My husband has been retailiated against by the Nashville VARO since he reported the illegal activity and malpractice at the VA hospital. His claim is 11 years old. The BVA found it to be malpractice. He has a R rating.

The VARO is refusing to pay his retro, he only had a few months backpay.

My source says the Nashville VARO has a policy in place to do this to patient who are victims of medical malpractice. He is likely not going to live long enough to go through another BVA appeal.

Employees of the hospitals are protected. Who protects the veterans? We proved our case. Shameful delays, addicted doctor, even the Augusta Spinal Cord hospital tried to cover all this up.

Any ideas appreciated!


Edited by TiredVeteran
Link to post
Share on other sites
  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

Rich, thank you for the response. From what I hear our Congressman is really into budget cuts for veterans. Do you think he might be helpful?

I did call the White House and they have requested hard copies to be mailed.

Has anyone had success contacting the White House?

Finding more paperwork and getting more confused. Looks as though the statement of the case decision will come after the NOD is decided.

I did find a letter sent to PVA explicitly asking for an APPEAL. Tomorrow I will call PVA and ask for copies of a few things to be sent and somehow get a friend to post the letters here.

When I was calling people last week, I ended up talking to the Office of the General Counsel. They were really nice and were going to report all this to the IG. Then, he called back and explained it would be best if I do it.

I really appreciate all of you taking time to advise me. You have likely picked up that I am not nearly as smart as you all are. I am trying my best.


Link to post
Share on other sites
  • 0
  • HadIt.com Elder

Debbie, I suggest that you focus on what the PVA is trying to do......they have filed the NOD already , I guess, and they have read the actual decision. They will advise you of what kind of additional evidence you might need to obtain at some point.

At first I certainly thought this was a case of the RO withholding retro for spite.They have done that to some of us, for sure.

But after reading the BVA decision over and over again...I dont see this as a retro hostage crisis at all.

The PVA knows why they didn't award more retro back to 2003.

It should be stated in the decision your husband received.

Link to post
Share on other sites
  • 0

Hi Berta,

Thank you for the response. The PVA said that VARO witholds payments to veterans who report and win malpractice claims. I am in the process of getting copies of the reason VARO gave. Best I recall, it said there was not enough evidence, which PVA said yes there was and I know there was because I mailed it in. Jimmy had been fee basis out to another nuerosurgeon (referrred to the the BVA ruling as DW). He ripped the VA apart and called Jimmy's treatment there a travesty.

VARO has been malicious toward Jimmy the entire time. It should not be that way. Jimmy is not their enemy. He is just a veteran who had the

horrible experience of being maimed by an impaired doc and then told he was fine.

I read on another topic here that the NOD was not enough to keep his original claim date? That there had to be an appeal? I have a certified letter we sent to PVA and stated for them to appeal the case. I get more confused with this every day/

Edited by TiredVeteran
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines