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Berta

Report says GWVs denied 80% of the time

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Yes, it sounds like they are being "nice" to Gulf War Vets, Vietnam Vets get denied 85 to 90 percent of the time.  This is consistent with Alex Graham's estimate of 85 percent denial rate, and consitent with my actual history, where I have had 17 RO decisions, and only 3 actually awarded any benefits.  3 divided by 17 = 17.6 percent award rate, or a denial rate of 82.4%.  

I counted as a denial a zero percent award, as I dont consider zero percent an "award", tho VA probably does.    The denial for all Vets, is probably in the 70 percent to 90 percent range.  Pension awards are probably higher, maybe as much as 50 percent awards.  It is so cut and dry:  you either have the requisite war time service, or not, and you are either working and making money, or not.  You dont have to worry about whether or not you are "service connected" or not.  

 

Still, my father in law was denied pension.  The law allows you to deduct "medical expenses".  I made a detailed list of his medical expenses, and the lame brain VSO said those were not needed.  Yes they were needed as, absent his extremely expensive medical deductions he was over the income limit.  (He had cancer and died.  He got the denial before he died and said "he didnt want to appeal" like I suggested.)

Of course, the money would have gone to his family, and he was very ill and did not care anymore.  

My wife's drug addicted/alcoholic brothers convinced my father in law that THEY should get all his money, not my wife.  So, he signed documents removing my wife from his will.  

Her brother got about 3000 dollars, bought several "8 ball's" (drugs, probably heroin and cocaine), wrecked his car and wound up in the hospital and nearly died of an OD.  

Edited by broncovet

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Im glad you published this, Berta.  In the past, when questioned VA said "they did not track claim denials". (Probably not true).  They track them, and then cover it up and dont release the numbers.  

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You can thank Anthony Hardie of the Veterans for Common Sense (http://veteransforcommonsense.org/) for helping to force VA to agree to release Gulf War claims data many years ago and continuing that pressure even now. You can thank Ron Brown and the National Gulf War Resource Center (http://ngwrc.org/) for working politely, but doggedly, with Sec. MacDonald and Sec. Shulkin and their senior staffs on getting specific information about Gulf War claim denials on UDX and CMI claims, relooks at numerous claims samples, and internal VA actions (although they haven't borne much fruit to date). Anthony Hardie will be testifying at the Congressional hearing this week on Gulf War Claims denial rates on Thursday, July 13 https://veterans.house.gov/calendar/eventsingle.aspx?EventID=1802 .

Dr. Dave

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Thanks, Dr. Dave.  That sounds like great information.  

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People would put in claims with 100 contentions- (Or more) re-word the same condition multiple ways on the same claim, or other crazy stuff without any merit you could see.

As you can gather, statistics provide no meaningful information on a claim with merit, when you include claims with dozens of contentions that are sure to fail.

Joe, John, Matt, Fred and Will put in claims with one or two contentions. Most are granted.

Ralph puts in a claim with 118 contentions.

The VA grant rate is only 7% ...

 

Edited by MikeHunt
math

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

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      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
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