Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it).
I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability. I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this.
I never received a dime from the VA for anything. I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse. After reading it, I decided to hit the trail again. I took it to the DAV locally, and he called the VA in my presence. After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994. These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992. As for why the disability ended in 1994, I have no idea. I have no records of appeals, denials, or anything of the sort.
The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim). On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals).
This is where my questions and concerns come in. If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present? Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992. Overall, it is easy to see the roller coaster of events:
1988 - Medical Review Board approved discharge based on injury rating of 10%
(Never received a dime of compensation)
1989 – Tampa VA follow up visit on injury
(Doctor said I was fine, and dropped the 10% to 0%)
1991 – Apparent approval date conveyed by VA and DAV
(I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge)
1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability
(based on medical review board findings in 1988)
1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%.
So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness. I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138. Do you have any advice on what I should write on this form? I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due. I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present. Any helpful information you can provide on how best to fill out this form, would be greatly appreciated. Thank you.
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.
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:
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.
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colarguns
Hi,
Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it).
I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability. I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this.
I never received a dime from the VA for anything. I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse. After reading it, I decided to hit the trail again. I took it to the DAV locally, and he called the VA in my presence. After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994. These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992. As for why the disability ended in 1994, I have no idea. I have no records of appeals, denials, or anything of the sort.
The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim). On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals).
This is where my questions and concerns come in. If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present? Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992. Overall, it is easy to see the roller coaster of events:
1988 - Medical Review Board approved discharge based on injury rating of 10%
(Never received a dime of compensation)
1989 – Tampa VA follow up visit on injury
(Doctor said I was fine, and dropped the 10% to 0%)
1991 – Apparent approval date conveyed by VA and DAV
(I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge)
1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability
(based on medical review board findings in 1988)
1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%.
So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness. I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138. Do you have any advice on what I should write on this form? I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due. I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present. Any helpful information you can provide on how best to fill out this form, would be greatly appreciated. Thank you.
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vern2
I do not trust the DAV. If I had trusted the DAV, I would be at 0% compensation, instead of 100% SC. It appears that VA appealed your 10% rating a 2nd time and brought this back to 0%. You need to get
colarguns
Than you sir. I am going through a FOIA request through the VA. There may be a different approach, but that's where I am. I also went to the va release of information office in Tampa, and requested
Gastone
Your Timeline seems to be missing actual VA Comp Claims Filings. Did you ever file an actual VA Comp Claim for the Disability that got you Discharged in 01/1989? Do you still have the Condition (
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