I tried to use the VA Choice Card and found out that the only people making a choice is the VA. The card is aptly named.
My VAMC is lying to patients and scheduling them as walk-in's instead of bonafide appointments.
After being hospitalized out of state, I was discharged and instructed to see my primary care doctor within 7 days. I called my VAMC primary care clinic last week. They said the earliest appointment was three weeks out, but when informed about "the date medically determined by my physician" being within 7 days, they could suddenly see me one day next week. I received the robo call appointment reminder the night before my appointment. After arriving early for my appointment and checking in at both the kiosk and the clinic desk, I ended up waiting about five hours before being seen (despite being in priority group 1, 100% P&T). I checked periodically and was told I would be seen "soon".
I asked the doc what took so long and was told I was classified as a walk-in and did not have an appointment.
You have been told by your local VA medical facility that you will need to wait more than 30 days from your preferred date or the date medically determined by your physician
(A) attempts, or has attempted, to schedule an appointment
for the receipt of hospital care or medical services
under chapter 17 of title 38, United States Code, but is
unable to schedule an appointment within the wait-time
goals of the Veterans Health Administration for the furnishing
of such care or services;
"If it's stupid but works, then it isn't stupid." - From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
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”
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.
Question
Vync
I tried to use the VA Choice Card and found out that the only people making a choice is the VA. The card is aptly named.
My VAMC is lying to patients and scheduling them as walk-in's instead of bonafide appointments.
After being hospitalized out of state, I was discharged and instructed to see my primary care doctor within 7 days. I called my VAMC primary care clinic last week. They said the earliest appointment was three weeks out, but when informed about "the date medically determined by my physician" being within 7 days, they could suddenly see me one day next week. I received the robo call appointment reminder the night before my appointment. After arriving early for my appointment and checking in at both the kiosk and the clinic desk, I ended up waiting about five hours before being seen (despite being in priority group 1, 100% P&T). I checked periodically and was told I would be seen "soon".
I asked the doc what took so long and was told I was classified as a walk-in and did not have an appointment.
Has this happened to anyone else?
"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
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georgiapapa
Some shyster sold the idea of VA Choice Cards to congress as a way of solving the problems veterans were having trying to get appointments in a timely manner. I hope VA Secretary McDonald reads the p
Notorious Kelly
I've waited months for appointments in Phoenx, Vegas and Portland only to have them call morning of and cancel - they then wrote it down as a "no-show" until I called and argued it. They treat the
63SIERRA
it seems like every other time I go to my va, there are patients in the ER waiting room arguing with the nurses and clerks, they try to send everybody that doesnt come in on a stretcher to thier Prima
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