tinnitus Should I Help Vets?

[Cavman]

I have 2 vets that have asked for my help in filing a claim for them. I would like you guys and gals thoughts. Many of you are very knowlegable and helpful. I love reading your post.

(1) This guy is almost 70 and can`t hear a lick hardly. He tells me he has had ringing in both ears since he was on an aircraft carrier during the Korean war. He is a pitiful old man. He is retired and keeps applying for jobs at Wal Mart and everywhere and no one will hire him because of his hearing. He works his but off around his house daily and is very hyper even at his age. He tells me he lost his hearing in the Navy. They were never given any kind of ear protection back then and he worked the flight deck daily. I did file him a loss of hearing and tinnitus claim. He does have documented terrible hearing. Waste of time?

(2) This guy is in his 20`s and served on the Roosevelt in the Middle East. I can`t believe an old Army recon vet is helping these deck swabbies. I also filed him a tinnitus claim because he slept in a rack right by some sort of loud generator motor for 2 years and he has ringing. He also developed a terrible rash on the ship and the docs at sick call could never diagnose it. They did treat it for temporary relief only. He also has seen 3 doctors since getting out of the Navy with the same results. Waste of time? I only help these guys if I think they are being honest and have a legit military responsible case.

Cavman

[Pete53]

My suggestion is that you can best help by taking them to a Service Officer and get them in the process.

[Guest terrysturgis]

Cavman, When I get a Veteran that I think has a claim I take them to a SO and get the claim started to lock in the effective date. I'm no expert but because I come to Hadit and learn something new every day it helps me educate the Veterans I have contact with to get started. I never make promises that they can win claims but then explain "If you don't try I can gaurantee you will not win". It is my full time job to find and help other Veterans receive the benifits they deserve. And THANK YOU for helping. Terry Sturgis

[Philip Rogers]

Cavman, When I get a Veteran that I think has a claim I take them to a SO and get the claim started to lock in the effective date. I'm no expert but because I come to Hadit and learn something new every day it helps me educate the Veterans I have contact with to get started. I never make promises that they can win claims but then explain "If you don't try I can gaurantee you will not win". It is my full time job to find and help other Veterans receive the benifits they deserve. And THANK YOU for helping. Terry Sturgis

Personally, I think SO's are a waste of time, unless you go county, state or VVA. They can slow your claim by years because they are static, lazy and untrained. From what I've seen many of the AL, DAV, VFW's appear to be in the VA's pocket. Not to say there aren't some good one's it's just that they are few and far between. I think a vet is better off doing his own claim. jmo

[Berta]

I agree- most of the vets I help have someone representing them on the POA.

It helps considerably if they request a DRO review and have a vet rep with an office right in the same VARO.

Also- I have printed off the 21-526 and the 21-534 forms many times- and this can use up a lot of PC paper and ink- a vet rep can provide that time and expense,instead for an initial claim.

Also a vet rep can weed out someone who can take up your time yet is not really interested in their claim.

I hear from many widows of vets who want me to help them get DIC.

Unfortunately only 50% or less of these widows appear to have a good basis for a DIC claim.Often they are in sudden dire financial need but they seem to disbelieve the fact that a DIC claim can take years to resolve and that a death of a vet does not mean the comp check still comes. I heard from a widow last week who never saw my vet rep,as I suggested 2 years ago- and then I found out she Never filed out the 21-526 I sent her along with a DD 149 and the SF 180-( a loss of all potential accrued benefits)

She told the village people that the "VA would not help her and her DIC claim was denied in 3 months"and she had no money.

SHe had NEVER applied and I knew that VA doesn't deny THAT fast and they still could have awarded her a wartime pension based on the 21-534-but she didnt want to tell them her actual income.

There are pitfalls in helping vets with claims- as many here know-

the best way I think one can help a vet is to focus on any denials they get -as the VA-if they get a VCAA Notice, will tell them what the VA needs from them to award.

That is the key to success -getting evidence that satisfies what the VA wants.

I agree with John to- surround the enemy-with evidence-

Equal evidence for and against should award a claim under the regs of Relative Equipoise (Benefit of Doubt)

VA puts their and your evidence on the scales of Blind Justice and then kicks her in the knee.

A Preponderance of evidence is ALWAYS the best bet.

Also I cannot imagine helping anyone with a claim without M21-1, 38 CFR, and BVA CAVC links, and of course the VBM is always right on my PC desk.

It doesn't matter-when you help a vet-who is on their POA and gets credit for it-

the whole point of claims help-as I see it - is to get the claim resolved.

The WWII vet you have- he should be eligible for a wartime pension if not SC rating.But if he gets SSA retirement that might knock out the pension completely. I bet he might well have many potential service connectable conditions.

He should file a claim and list them all.

The other vet appears (in his 20s?)to be newly discharged?

It is imperative that he file a claim ASAP to get a EED that goes back to his first day after discharge.

He must file his claim within one year of his separation from service and put all of his disabilities on it to get the EED back to day after separation.

These vets should use the 21-526 for their initial claims.

One more point- this is hard and frustrating work and the rewards are just far beyond whatever JOY is.

There is Nothing like the feeling you get when a vet tells you that you helped them to succeed.You have altered a life!

But it is time consuming work in many cases- and often it can interfere with the rest of your time.This is not my life by any means-I like it but I have another life it doesn't even touch.

You have to separate this work from other things because it can becoming quite overwhelming.

Edited September 25, 2006 by Berta (see edit history)

[10thFO]

Berta you are spot on in your post. Especially about the lady who was chirping around town about her denial. I've come to find from the people that rent in my mother's trailer park (father invested in RE) that whenever money is coming up short they will tell many people, and anyone else that will act like they're listening, about their woes, and how the gov't isn't supporting or helping them. Meanwhile, I used to be on a board for a local Relief Agency. Non profit. I used to see the names of the people in the county and local area that donated the money that allowed this relief for people to be divied out when people were in or complained of Dire consequences. I used to recieve rent checks from these agencies about every 6 months for the same people that always had problems. The agency allowed assistance once in a 6 month period to spread the money out and stop overuse (hehehe). I took issue with it and still do, becuase the same people still have the same problems. They don't have money to pay their light bill or rent, on time, but they still have cable, car, phone and cigarettes.

Even more get into a situation like you noted, but when you come down to it, you can give them a list of 10 different agencies county and state, that may be able to help them on a permanent basis, but they never take the time to call, or they call once, and are told what forms they need to fill out, and never fill them out.

If I hadn't taken the time to fill out the forms, then I too would be trying to make it on $400 a month then whatever my wife makes. My wife makes good money, but she alone could not handle all the bills so we had to cut back. We did, and I stayed on the claim process until it worked out. I still here people in certain circles and at the Vet Center complaining about the gov't screwing them over. Even now I realize that just because I have TDIU, doesn't mean I am set for life. I have no way of knowing how long that benefit will work out before the gov't decides it can't afford it anymore, so my wife and I will take the money and try to make more with it. I sure as hell can't run anything or do anything with it, as I've already bankrupted 3 businesses, so I'll stay at home hiding behind the walls still, and let her do something, but we've got to do something, even at home, I still have to stay involved, and not just think the check will still come for 100 years if I lived to 137.

[Berta]

Gee-we know the same people!

I have actually had -over the years- widows and veterans call me or email me threathening to kill theselves if they dont get their compensation-

and the funny thing is none of them were homeless or even close to it.

This widow I mentioned played poor all over town but she owns an enormous farm in the hills as well as a home in the village and certainly has an income . She won a workmens comp case or a harrassment EEOC case-some time back-not sure what it was- but played poor around these parts and I got worried after sending her the DIC forms, that she would attempt to withhold financial info from the VA.

I am glad she didnt file the forms.I know of a NSC vet-who- with his NSC retro-opened a business!

I am quite sure the VA has caught up with him by now.

That business has a paper trail.

These cases and the VA wannabees that get what they shouldnt are few and far between but they seem to be people who can take up a lot of someone's time with their tales of unfounded woe.

Edited September 25, 2006 by Berta (see edit history)