Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Fast PTSD decision and what it means

Rate this question


GeekySquid

Question

Hi all,

I am new here and have asked several questions and will probably ask many more.

I have written out more lengthy posts about my history so i will forgo that in this one.

In going through my records after a C&P review last week, I remembered something that seems quite different than the experiences of other vets with PTSD SC ratings.

It took less than 4 months from the time I had my initial C&P until I got rated and paid at 70% PTSD, 10% Tinnitus

This was in 2013.

Timeline:

Nexus events: 1984

Enlistment ended Oct 1989

Applied at local VARO and VAMC Jan 1990. Denied help. even said they could not find that I served with DD214 in hand from local base at Cecil Field Jacksonville.

Next 20+ years about a dozen VARO's and VAMC's denied me/ shooed me away.

Sept 2102 Hurricane destroyed my apartment. While waiting to apply for FEMA help met VSO who convinced me to apply again.

Oct 7 2012 VSO got me a bed at a VA homeless shelter

Dec 20th got C&P date for April 18th 2013

April 13th had C&P

July 23, 2013 I received 10K back pay check w/ 70% PTSD SC rating and 10% Tinnitus.

July 31, 2013 I received first monthly compensation check.

The 4 months from C&P to Payment time frame is real quick from everything I read.

Does this say anything about the strength of my claim and the results of the C&P?

I have vague recollection of the VSO and others at the New Orleans VA noting that the process was really fast and unusual. I did not really understand how quick it was until I began reading posts here 5 years after being rated.

I realize no one can say definitively yes or no to that question but opinions would be helpful from those with experience.

I also wonder if that rapid a response then, bodes well for the outcomes of my recent review that the doc indicated would likely increase my rating.

Also what the impact might be on the TD/IU claim I put in today. I have not had substantial employment since 2005, but I did have assets having been in the DOT COM bubble. Lost that in the07/08 crash, but that is besides the point. In fact my last official full time employer was in 2005. Tax records show that as well as my existing C-File.

any opinions would be considered helpful

 

 

 

 

 

 

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Moderator

Let me see if I understand your question.  You applied in 1990, got denied, and applied again and again, and you finally got approved in 2013..and you think that is fast?  

I love your attitude, and you are an inspiration.  

You remind me of a story my pastor told about an optomist who was falling off a very tall building.  A rescue helicopter was nearby and the rescuer asked how he was (while he was still falling).  

"So far, real good!"  

It took you homelessness and 23 years to get your benefits, and you ask us how come you got benefits so fast?  

 

I hope you post here a lot, and I hope you get help you need and deserve because you are what my pastor told us we should be:  Be content with what you have.  He also told us to "you do not have because you do not ask", so I am asking for my full benefits that I think I deserve.  Its kinda complicated..to be content and yet ask, but you seem to do that very very well.  My hats off to you.  

My attorney explained that the outcome of my case was dependent on which judge we get.  I dont doubt that.  But, Im not gonna attribute that to "the luck of the draw", like a gambler may.  There are judges who are more "Veteran friendly" than other judges.  Two people can look at the same thing, and see something very different.  

I looked at losing my home while waiting 7 years on benefits, as a very negative thing.  You sir, questioned why you were able to get your benefits in a mere 23 years.  

Now, VA people are rather sticklers and dont like to take any of this.  They want to seperate departments so they can blame the other department.  When I asked him why it took 7 years, he said the VARO made a decision in mere months, and it was the BVA that took most of the 7 years.  I found out recently that was a lie:  According to the BVA chairman, the VARO takes 500 days to issue a SOC, and the VARO takes another 773 days to "certify" and send my claim to the BVA.  That means the VARO was responsible for at least 5 years of my 7 years it took to get my benefits.  

 

Link to comment
Share on other sites

  • 0

GS, what is your current CSC % Rating? Have you attempted to try for IU Awarding?

Link to comment
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • 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

       
    • 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. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use