Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 9 replies
  • Advertisemnt

Sign in to follow this  
jbasser

Anyone used the Arkansas VA over the past few years

Recommended Posts

A dear departed friend of Hadit and the Hadit Podcast Crewmemner Mike Sasser AKA Stretch, used the Fayetteville VA. He had a host of health issues. He passed away a few years ago.Fast foreward to present time and his widow gets a letter stating he was on a list. This list was a list of veterans that a Pathologist didnt inform veterans of cancer diagnosis. Jerrel and I talked Stretch to seek care outside of the VA where he found out he had lung cancer at Stage 4. He passed away a few months later.  He was a true friend, Co Host and Radio Technician and to see this happen angers me to no end. 

https://5newsonline.com/2018/06/18/review-announced-after-pathologist-found-to-be-impared-at-fayetteville-va-medical-center/

 

Edited by jbasser

Share this post


Link to post
Share on other sites

That letter might support an FTCA case.  ...for any vet or survivor who gets a letter like that-

FTCA requires filings within 2 years of knowledge of the malpractice-the letter would be the beginning date of the Statute of Limits....maybe.......

I wish we could see that letter here-

There might be another fiasco coming- it seems VA was underreporting suicide statistics------

I dont have enough info yet to give details.....

If Stretch's wife can file FTCA, she can possibly  negotiate a settlement with an offset that could not impact her DIC too much. ( that is she would only lose the DIC amount until the offset is paid)

Then again- I dont think she uses a PC and would need a lawyer------

I was stunned when Mike got this diagnosis- it doesn't happen overnight.

The article states:

"She said more than 900 cases had already been reviewed, with the seven misdiagnosed cases being found. Of those, one of the patients had died, and an investigation was under way to determine how much of an impact that misdiagnosis had on the patient's condition and death." (guess that is Mike's case)

"She said there were up to 30 pathologists who are "willing, ready and able to assist" in the review. She said it's the goal for at least half of the case reviews to be performed by pathologists outside of the VA."

 

If I was a malpractice lawyer I would be thinking "Class Action".

 

 

 

 

 

 

Edited by Berta

Share this post


Link to post
Share on other sites

If this regards Mike Sasser's death, I think his wife got DIC under the 10 year rule-

I have flashbacks of how the RO made my 1151 so difficult and deliberately withheld probative evidence from the VA General Counsel for my FTCA.

They thought they could cover it all up- but they didnt realize how determined I was.....

Any affected veteran ( and they might find more widows) impacted by this ,hopefully will take any legal action they can against the VA.

I just remembered something-

I am upset by the letter Mik's wife got -----

My 1151 DIC was held back by the VA for many years- unil they recovered my FTCA offset.

I already told the story here that they held back 40 thousand too much- and the RC called a CUE on them, and they had to send me that cash.

But then I proved the veteran died from 2 Agent Orange disease contributing to death.

The VA had to refund the FTCA offset to me.

Mike's wife might not even have a withheld offset if she can prove he died of an AO contributing.

Or maybe the ten year 100% P & T DIC would also overcome any withholdings....

It would be great to see her letter- and any letter any vet gets about this situation.

 

 

Share this post


Link to post
Share on other sites

To add, this is the ballpark letter VA is sending out to over 19,000  Fayetteville veterans who had some tests reviewed by the pathologist who has been fired from the VA.

They claim " a small number"of cases so far reveal misdiagnosis.Yeah right- how does VA interpret the word "small"???

letter-from-va.png?w=770

 

I assume the letter Mike Sasser's wife received was different from this generic one, and this is why I hope she can join us and attach her letter here.

As the letter states: this VA "lookback" is "extensive and may take several months to complete."

That could possibly affect the FTCA Statute of Limits- 2 years after knowledge of malpractice.How does VA define " several" ???

And who is being paid to do the "independent" review??? another word that I wonder how VA defines.

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

 I remember Stretch from the Hadit radio shows and from his postings. I always love his Analogy of things.

One thing I remember about him  he never complained or worried about death,  he seemed ready to go and tired of all the pain but was certainly concerned about his family.

I believe WITH MEMBERS FROM HADIT we can help Stretch Spouse,

From this pathologist letter, even if they are 19.000 letters just like it, who is to say this was not what caused the death of Mike? aka stretch, had he had a earlier correct diagnoses he may very well be alive today.

If this has just caused one Veterans death that is one veteran to many. and stretch spouse should file a FTCA/TORT Claim...even if the 2 year limitation has passed , because of this letter will help her tremendously. 

SHE SHOULD BE ABLE TO FILE A MOTION TO THE COURTS TO BE REINSTATED.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines