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

     

  • 0

get ur case before others

Rate this question


paulcolrain

Question

Recommended Posts

  • 0

No that isn't what we all want.

If you are keeping up with the news about VA from the IG and other credible sources like Dan Krauses' site, you will learn that the VA is  manipulating the queue of claims for their benefit.

Many of us have known that for years ( they pick and choose) but there is finally proof coming out on it.

All we want is to have our claims judged in a timely manner, and handled in  the same order they receive them.

I know someone who has waited for over ten years for an award. The VA (in my opinion), has bent over backwards in trying to help him prove his case.

Countless BVA remands and CAVC remands. Yet he still fails to give them the evidence they want.(because that evidence in my opinion Never existed)

So that type of situation takes VA 's time from other handling claims from other claimants who have often been proactive and gotten the evidence they needed themselves.

 

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.

Link to comment
Share on other sites

  • 0
16 hours ago, Berta said:

No that isn't what we all want.

If you are keeping up with the news about VA from the IG and other credible sources like Dan Krauses' site, you will learn that the VA is  manipulating the queue of claims for their benefit.

Many of us have known that for years ( they pick and choose) but there is finally proof coming out on it.

All we want is to have our claims judged in a timely manner, and handled in  the same order they receive them.

I know someone who has waited for over ten years for an award. The VA (in my opinion), has bent over backwards in trying to help him prove his case.

Countless BVA remands and CAVC remands. Yet he still fails to give them the evidence they want.(because that evidence in my opinion Never existed)

So that type of situation takes VA 's time from other handling claims from other claimants who have often been proactive and gotten the evidence they needed themselves.

 

Bertha thank you for telling it like it is and not what

you want to hear.RU

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

JMO

I think if a veteran is denied for lack of evidence/or no evidence to prove their claim & denied and the VA Sends a letter explaining this  & what they need from the veteran   then the VA just puts that claim on the back burner and wait for the Veteran to send in his evidence with his timely  NOD ...if he don't then he won't win his claim   it takes away from other veterans who do have their evidence    when they do this remand junk back & forth.

Actually when you file a claim the VA sends you a letter  saying what all you need to send them to prove your claim...do this carefully and make sure you send in what they ask and any other records that would be favorable to your claim  mainly medical records.

  go over all the paper work you send the VA make sure everything is complete  with your claims # and sign all papers & make copies for you) keep in safe place &  always get a sign return receipt when using snail mail...to me this is better than filing online  or do both.

if you get anymore evidence in after you file your claim send that in ASAP so they have that too!

Always be honest with the VA & you can back up what you say.

if you think that something is not right in your VA Myhealthvet Notes  let the VA know this...some times in a PTSD Claim the MH  Dr's and LCSW will say things that are untrue as to what you did in the military or where you where!

example....

They may say ''this is a 26 year old gulf war veteran boots on ground combat vet, if you where that's ok and its Correct, but if you were not then you need to actually say this in your lay statement in support of your claim 

I want to correct a statement  the VA--MH Dr's and social workers stated in their report from Myhealthvet Notes

They stated I was a  infantry combat veteran boots on the ground that is a misleading statement. 

if you were   say a clerk or a cook or any other dutys to keep you out of combat but you were actually in enemy tettority  then so state so,

  Do not try to hide the fact that you were NOT in combat...just simply state your case and what happen to you how you were injured or came about getting your disability while in the service.

you will come more winning your claim with the truth as opposed to trying to make them think you were in actual combat.  if you can't prove it  then don't state it.

being honest is one thing the VA looks at very closely 

jmo

..................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
On 4/22/2016 at 3:19 AM, paulcolrain said:

isnt that what we all really want. get yours before mine. so the best way to do that is to claim broke or to sick to go on when you get to the BVA then they will excuse all others and allow yours!

The VA will investigate if your Broke or Sick &if this is not true  why claim it......it sure won't speed up or even win your claim.

jmo

....................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

they did speed up a claim of mine for marking homeless all over it. i was about to get evicted and thats what my then dav vso told me to write on the claim. it was approved in 90 days. and i wasn't evicted.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Yes they do (VA) make an exception and move the homeless vets in front of the claims line in special circumstances but if your not homeless or sick  that would be dishonest to claim that  just to speed up a claim.

jmo

........Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • 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.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • 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.  
      • 4 replies
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use