Training Classes

[Fat]

Are there any classes veterans can attend to learn VA procedure and law. It would seem helpful to both sides for veterans to know proper procedure when filing paperwork (claims, CUES, NOD's, Form 9, etc). The VA benefits by better developed claims and less stress deciding what evidence is important.

[john999]

I was reviewing VBM one day a few years ago in regards to agent orange and DMII. I looked at the DMII secondary conditions. What I learned there led me to file a claim for coronary artery disease secondary to DMII. I eventually got 60% and housebound SMC. I just would not have known that I could file for this. VBM also stated you really needed a medical opinion behind claims for secondary conditions most of the time. It took a few years but I got $8000 plus in retro for HB and it opened my eyes about secondary conditions and how to craft a claim for them for any secondary condition. For instance, vets who have serious physical disabilities often experience depression to some degree. You can claim this and that extra 30% may just be what you need to get TDIU or even 100% scheduler. The VA is not going to tell you this. I filed two CUE's based on VBM. I won one so far and the other is at federal court.

I also learned that if you write a brief with many citations to case law and regulations the VARO will not know what the hell you are talking about and will probably just deny it due to abysmal ignorance at VARO level which means years of waiting for some BVA judge to read your claim. BVA is also often wrong, so a claim that seems simple can last 10 years and it all starts with reading a few lines in VBM. I read of "inferred TDIU claims" in VBM. These claims will often get denied at VARO but are winnable higher up.

What really gripes my ass is that VA does not identify spouses who are eligible for DIC, and inform them of their claims. VA does not identify vets who may have claims. You just have to take a flying leap at it. Classes that would really delve into VA rules and regs would be very popular and many vets would sign up for more advanced training and pay to take them if the cost was reasonable. Why not have internet classes provided by VSO's with no strings like having to become a VSO yourself.? NVLSP course I took was very basic. If a larger more complex course was taught using programed learning techniques you could do it on your own at your own pace and probably know twice as much as your DAV VSO in a couple of months. I remember learning ins and outs of DOS back in old computer days before windows with self paced course from a book. You can learn very complex subjects by programed learning texts which break big, hairy concepts down into small pieces.

John

John

[Berta]

John. sorry I forgot to mention that you too took the Basic NVLSP course.

You always give very good claims advice and certainly tell it like it is.

"What really gripes my ass is that VA does not identify spouses who are eligible for DIC, and inform them of their claims. VA does not identify vets who may have claims." You are SO right!

I used to be a livestock farmer and got my sheep flock up to 50. One day , a Vietnam vet was over here talking to my husband in around 1990, walking through one of the sheep pastures. I was feeding my angus steers and heard him say... "we vets with VA claims are just like these sheep being led to a slaughter." He was having problems with his claim for higher rating

Odd thing is my husband had not applied for a higher rating then for his PTSD,because he worked for the VA,like this friend did as well, and was still upset that they tried to drop him to 10% but changed their mind when I wrote the NOD. His friend seemed to me to be at the highest rating he could get for GSW residuals but he still fought them and lost that claim.

Neither one of them knew , on that beautiful day walking around my farm, that the VA had already begun to malpractice on them.

I got this friend ( who had 40% for 2 PHs residuals) 100% under 1151 P & T 5 years later, right after I filed FTCA and 1151 for my husband.'s proven wrongful death by VA.

Finally after years of trying to convince him to file for PTSD ( 2 GSWs are stressors) he then got 50% for that

The word "slaughter" seemed harsh to me that day...(but livestock arent lawn lawn ornaments)

but I shudder now when I think how right he was regarding the VA and their callous indifference to vets and to survivors of vets, not only regarding informing them of potential claims they could have , but , as the Phoenix incident has shown, as well as these two 1151/FTCA claims their VA care caused , there is often utter disregard for proper diagnosis and treatment , for the health care needs, veterans have, by the very entity their service created!

John ,you were, I believe the first vet who welcomed me to hadit about 17 years ago.......and you consistently give these vets here sound advise, coupled with the real nitty gritty.

I think VSOs should be trained by reading hadit.

That would be a big step up for the RO claims people too.

[Philip Rogers]

For those who can't afford the VBM, I suggest contacting your local library and if they don't have it, they can request it from your state library. If you have a law library nearby, they probably carry it also. I use it all the time and refer to it often. I would venture to say that if you don't win, using the VBM, you probably never had a valid claim, in the first place. jmo

pr

[Wayne TX]

Can anyone explain to me what this actually means..........Veterans 65 years-old or older, are presumed to be disabled. It does not have to be proven. I am already 30% and just turned 65.

[Berta]

I am not familiar with the " presumed to be disabled" part of this post. I know many people over 65 who still work and are not considered disabled.

I think you mean the income based Wartime Pension program at VA:

"Eligibility

Generally, a Veteran must have at least 90 days of active duty service, with at least one day during a wartime period to qualify for a VA Pension. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which you were called or ordered to active duty (with some exceptions), with at least one day during a wartime period.

In addition to meeting minimum service requirements, the Veteran must be:

Age 65 or older, OR
Totally and permanently disabled, OR
A patient in a nursing home receiving skilled nursing care, OR
Receiving Social Security Disability Insurance, OR
Receiving Supplemental Security Income

Your yearly family income must be less than the amount set by Congress to qualify for the Veterans Pension benefit. Learn more about income and net worth limitation, and see an example of how VA calculates the VA Pension benefit."

http://benefits.va.gov/pension/vetpen.asp

[Wayne TX]

thanks for the info.....answered my Q.