Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
After 9 Years, BVA Finally (Mostly) Granted, Drop Remand Issues?
Rate this question
Asked by
acesup,
Announcements
-
Tell a friend
-
Recent Achievements
-
-
Our picks
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
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
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability rating
Picked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
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.
Picked By
Lemuel, -
-
Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
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:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
-
Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
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.
Picked By
Lemuel, -
-
Question
acesup
I'm 70% SC (50% for depression, 40% lumbar spine, 10% + 10% lower radiculopathies). I put in for several secondary and/or aggravation issues which VARO denied way back in 2009, went through DRO review in 2011, then filed Form 9.
Checked vets. gov yesterday, got this information
Current Status
The Board made a decision on your appeal
The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview of the decision:
Granted
The judge granted the following issues:
If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.
Two issues were remanded: SC for migraines and sciatic nerve damage.
Now, I'm considering withdrawal of those two items. My thoughts are that SC will make absolutely no difference to me, so why waste the VA's time on a remand when they could be working on another veteran's claim? Can there possibly be any negative consequences to withdrawing them? It's not like I'm going to die of either condition.
Link to comment
Share on other sites
Top Posters For This Question
6
3
2
1
Popular Days
Aug 8
7
Aug 12
5
Aug 9
3
Aug 10
2
Top Posters For This Question
acesup 6 posts
Gastone 3 posts
vetquest 2 posts
broncovet 1 post
Popular Days
Aug 8 2018
7 posts
Aug 12 2018
5 posts
Aug 9 2018
3 posts
Aug 10 2018
2 posts
Popular Posts
Vync
Congratulations! I agree with @broncovet Personally, I can admit that migraines can indeed be debilitating. If it was me, I would let the VA continue and render a decision on the deferred di
vetquest
I agree that you should continue your claims. The question of whether they should drop IU for a veteran at 65 has been raised by congress but it was put down. We all know that once the cat is out of
acesup
I'm 70% SC (50% for depression, 40% lumbar spine, 10% + 10% lower radiculopathies). I put in for several secondary and/or aggravation issues which VARO denied way back in 2009, went through DRO rev
16 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now