Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • 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

  • 0
Sign in to follow this  

DUTY TO ASSIST Claim vs DENY CLAIM in 90 days


Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist.  Did not ask me for any additional information.  So went from Claim to Deny in 90 days? 

But this is what has happened to me in a short period of time since I filed my claim:

1. Facebook account someont tried to hack as i have 2 step authenticaiton and I received and email alert to that affect. 
2. Twitter account which I have had since 2010 and never used never tweeted/followed someone tried to gain access.
3. I had an appointment with my pain management DR one day in early June when I get up the counter for check in they say that I cancelled the appointment in their system. I did no such thing. I ended up having to wait an extra hour but did get seen that morning, causing me to miss work. Only a few people at my work and the office itself new of my appointment, and work did not no where/who.
4. Internet connection slow and stops working as if my connection is being monitored or man in the middle attack going on. (This is ongoing and constant just stating a fact.) I'm not overly paranoid but this is highly irregular.
5. Not one person from my team either co-worker or manager or team lead has attemped to contact me to check on my status and how I'm doing. 
6. Filed STD claim with my company approved XX weeks for leave but no pay at all. I only get $937.00 from the VA for my 50% ratings.
7. I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file.
8. I had an appointment with a DR for Friday and I find out the morning of that got pushed off to Sept.(It took 6 week Non-VA to get that appointment and pushed back another 5 weeks??? 3 months!!!) I could not wait that long so have new appointment.
9. When I found out that the non VA DR appointment was moved back I called the VA to see if I could get an appointment in the Prime Clinic and was told by XXXXX scheduler that I hadn't seen a PCP DR in 2 years ( note DR who was PSCH DR in the Prime clinic passed himself off as MD and gave veiled threat). Scheduler for Prime Clinic said I had to go back to Elgibility again and transferred me to a dead phone number. I called back again and had to leave a message. I am a 50% service connected Veteran with an honorable discharge injured in a Combat Zone and I am being shunned and being made to jump though hoops to get medical care. I only go for medical care if something URGENT as I don't want to affect my brothers and sisters who are more injured than myself.  <<<And still not return call from local VA Elgibility office.

All of this in a 90 day window. I'm livid. VSO useless. And I hope the VA trolls read this. 

So if you raise your voice (PT person doing exam on me less than 2 years ago caused me significant pain/suffering during exam where I yelled out in pain and I made a snarky comment afterward) or you get an IMO you get labeled in the VA system as sensitive 7 or something and they act weird when you do go to an appointment. Granted not all employees are like this some PA's and Nurse's are awesome helping you in there. But there is some truth to what you can read online on any number of blogs or message boards. I did not want to believe this was being done to Veterans, not possible, but looking at everything in totality and this VA hospital and where it's located you can add all that up and connect the dots quite well what is going on. IMHO they are using intimidation, black balling, denying care, faulty C&P exams, threats, discrimination, all in attempt to let us die off. Why? it's not just about the money. You all know why and if you have any doubts just watch/listen/read.

I know a VARO will read this and I hope you do and if the one can figure it out I hope they do read this. Duty to assist, reasonable doubt, adequate exams, CFR 38 bleh bleh. You look for one thing to deny on anything or start from DENIAL and go the other way around like it should be. Liar(s). 

So now I need an action plan? But without BBE and C-FILE I guess I have to wait. 




Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

I think most of us here have been through denials.   Alex says about 85% of first time claimants are denied.  This is consistent with what has happened to me.  

If a bird does his duty on your head, its probably not your fault.  But, dont let the bird build a nest in your hair, as then it would be your fault.  You cant control your circumstances, but you can control what your response is.  

You will simply have to appeal, pretty much, like everyone else.  

Ebenefits could well be wrong.  

Share this post

Link to post
Share on other sites
  • 0
On 8/11/2018 at 12:17 PM, spearhead91 said:

But this is what has happened to me in a short period of time since I filed my claim:


Your list of events reads like someone does not like you at the personal level not the corporate level. 

Did you  check your credit reports? if not I would suggest you do so.

I seriously doubt the VA is hacking your twitter feed, though dropping appointments is part of their bag o' tricks.

The idea that someone "blackballed" you because you smarted off to a PT is out on the edge of things.

no matter what I would check your credit reports, change all your passwords and make sure you set up separate accounts for different internet activities.

For example I have a gmail account that gets 1 to 2 spam messages a week. No more. That account is known only to the closest people to me. I have another for each of my banks and credit cards. they literally account names like geekysquids_amex1@xxx.com or qeekysquids_internet_cruising@xxx.com or like my va account qeekysquidsvastuff@xxx.com

I know when any account name is sold and my credit tracking accounts with FICO, Experian and Equifax all include identity monitoring. My Discover includes the same from Transunion.

It might seem like a lot, but if you have ever had an identity theft issue you know it is worth the extra work. My internet trolling accounts all get tons of spam, but if they get "hacked" they have no connection to any thing important.

Even my twitter account has a Google Voice number attached that only attaches to twitter. It rings no where and every six months I have to attach it to a phone, make a call and then change it back. Making sure to flush my google data afterwards. There are literally a thousand spam calls in that google voice inbox and I just don't care as they never ring my phone, or connect to any of my other online id's.

hope you get it all straightened out.



Share this post

Link to post
Share on other sites
  • 0

"Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist.  Did not ask me for any additional information.  So went from Claim to Deny in 90 days? "

Did you get a 5103 waiver?

If so did you identify the evidence they had and/or attach it to the waiver?

On th 5103 I have been suggesting to refer them to the back of the waiver and list with a brief decription, every piece of evidence they should have.

Then again, the VA failed to send me a 5103 a few years ago-I Iried them and then got it.

In spite of my advice above, they identified by phone all of the evidence I listed on it as received, and then didn't consider any of it.

When you get the decision please attach it here.Cover C file # prior to scanning it.

 "I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file."

Do you have proof that they received the IMO?



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.

Answer this question...

×   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

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines