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Denial Of Any Benefits By The Navy Or The Va.

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Posted (edited)

I was reviewing my first copy of my C-file..There is documentation showing that I was denied any benefits whatsoever from the VA.. When I was discharged with an honorable, I was told I had no rights to go to the VA for treatment...I did file 3 different claims in the period from 69, until 2004, when I started going to the VET centers and found that it was illegal for the VA or the NAVY to deny these benefits in writing.. Is there any way to call the VA on the carpet for this?

The other issue I have is I was awarded only 10% on my retro back to 69...What I do not understand about this, is that the NAVY kept me in the hospital for 4 solid months and one month in solitary, for PTSD/Major Depressive issues,(even though I never did anything wrong, and always followed orders), The NAVY even made me take 400 Mg of Thorazine everyday for the period of incarceration.. The normal dose was 25 mg.. What the heck was that for, if there was not some kind of a serious disability was then discharged and not given any access to care.. So I want to know if this incarceration for four months qualifies for a higher rating than 10% at discharge?

RSG

Edited by RSG

5 answers to this question

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Posted

Ron, was VA fully aware of all that when they made the 10% rating?

Have you talked to your POA about this?

You can always file CUE on a CUE.you have won, like I did recently.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • 0
Posted

Yes, Berta, the VA has had all that info from day one....No The POA has not talked with me about this yet...Hmmm, did not know you could file a CUE on A CUE....

  • 0
Posted

Sorry to hear of your issues bud, but I don't know exactly what you are asking? I know a lot of Vets that say they have "Severe this, Chronic this" but if the Medical Evidence or Service Records don't say otherwise, then it is not a CUE for a rater to rate a condition low. For example in my case, I was just Medically Retired 2 years ago from Navy. I spent 3 months in a Civilian Mental Hospital while Active, and yet when I was Retired the VA only rated me 30% for PTSD and I had been placed on 10 different Psych meds at that time, to include while I was in OIF/OEF. So I submitted for an Increase Immediately for PTSD, and when I went to that C&P exam, the Psych Doc stated that I met the 70% guidelines for PTSD when I was retired, yet there was no CUE there either. Only you can decide what is best for you, I just don't see where you are going with this. I think sometimes, that as frustrated Vets we can at times want to Challenge every little thing, or think that we were entitled to more than what is there. I always say that Evidence is Evidence is Evidence, and as long as it is there, we will ultimately win in the end. Good luck and God Bless!!!

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

  • 0
Posted

NEVER GIVE UP

  • 0
Posted

Sorry to hear of your issues bud, but I don't know exactly what you are asking? I know a lot of Vets that say they have "Severe this, Chronic this" but if the Medical Evidence or Service Records don't say otherwise, then it is not a CUE for a rater to rate a condition low. For example in my case, I was just Medically Retired 2 years ago from Navy. I spent 3 months in a Civilian Mental Hospital while Active, and yet when I was Retired the VA only rated me 30% for PTSD and I had been placed on 10 different Psych meds at that time, to include while I was in OIF/OEF. So I submitted for an Increase Immediately for PTSD, and when I went to that C&P exam, the Psych Doc stated that I met the 70% guidelines for PTSD when I was retired, yet there was no CUE there either. Only you can decide what is best for you, I just don't see where you are going with this. I think sometimes, that as frustrated Vets we can at times want to Challenge every little thing, or think that we were entitled to more than what is there. I always say that Evidence is Evidence is Evidence, and as long as it is there, we will ultimately win in the end. Good luck and God Bless!!!

Guess what I am asking, is that if everything is in my c-file that shows all the things I am referring to, it seems that the VA should have read all the hospital and doctors reports showing all of the stuff including the hospital and the drugs and treatment before they ever made a 10% retro decision on my CUE claim..

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