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

     

Letter From Dav Today

Rate this topic


vet201060

Recommended Posts

I received a letter from DAV stating I am 100% effective Oct 2013. I have not seen anything on Ebenefits yet. I filed my claim in Feb 2014. Why would effective date be Oct 2013? Can I accept this is true comeing from DAV? I also got denied on some things that should be rated. What should I do? Can I celebrate and be happy with this letter? They are saying the VA will send the official document out to me. They also changed my diagnoses to PTSD instead of anxiety disorder and major depressive disorder. Is that something I should worry about? I am scared and dont know what to expect. I did all the filing myself with no help from a VSO. I dont understand why it is dated for Oct 2013 instead of Feb 2014 either.

I appreciate everyones help on this site.

Thanks

Link to comment
Share on other sites

  • Replies 17
  • Created
  • Last Reply

Top Posters In This Topic

  • HadIt.com Elder

If you had the DAV, as your POA, you can be fairly sure you're rated 100%, as they receive the notice first, so they can let you know, tell you what a great job they did and request you join or donate money, if you are already a member.

It could be a mix-up but I doubt it. They may have found something and were able to back date your award, altho not likely. You are better off w/a diagnosis of PTSD, as it's not curable.

Don't spend any of the money until you get the official notice. It'll probably show up in your bank account first. jmo

pr

Link to comment
Share on other sites

  • Moderator

This makes no sense. Why would you get a letter from DAV if you are your own VSO, that is, the DAV does not represent you?

However, by hook or crook the VA thinks the DAV represents you. So, its likely you will get the benefits DAV suggests, but not guarnteed. You wont know for sure until you get the RO decision.

As far as the effective date, we dont have enough information to even suggest why that effective date. Again, you will have to wait till you get the VA letter to determine if you should appeal the effective date if you dispute it. However, your post seems to indicate you think your effective date should be LATER not earlier. This may be because you are not fully informed of VA effective date rules.

Did you get out of the service recently? (within a year). If so, you should get back benefits to the discharge, but I dont know if that is the reason for your effective date or not.

The effective date is the later of the "facts found" or the date of application, with a quite a number of exceptions. This usually means the date the doctor says you were disabled, but never earlier than your application.

Link to comment
Share on other sites

Thanks for the info. They do have a POA for me. I dont mind paying for the membership if they fight for Vets. I have received a notice from them when I was rated 80% from 60% and it was legit. I have 4 kids and hope I can send then to college someday. My oldest is 16 so if I get the school benefit that would be awesome for my family.

Thanks PR I really appreciate the response!

Link to comment
Share on other sites

Sorry Broncovat I didnt see your post. I have been out of the service since 2008. DAV does have my POA I just didnt have them do anything for me. I filed and submitted everything myself. I dont understand the effective date and I dont know what I could show you to suggest what the date should be either. I know my claim was filed by me on Feb of 2014 so I dont understand the date at all.

Link to comment
Share on other sites

Thanks for the info. They do have a POA for me. I dont mind paying for the membership if they fight for Vets. I have received a notice from them when I was rated 80% from 60% and it was legit. I have 4 kids and hope I can send then to college someday. My oldest is 16 so if I get the school benefit that would be awesome for my family.

Thanks PR I really appreciate the response!

For Chapter 35 - you need P&T status.

Carlie passed away in November 2015 she is missed.

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