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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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    • 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
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    • 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.
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    • 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. 
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    • 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)
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Victor Ray

Suing the VA multiple times

Question

Can I sue the VA multiple times, like for each condition they have lied about and withheld evidence of existing, but denied knowledge of. Like knowing I had a Blood Disease but not admitting the parasites origin was malaria from Vietnam. That by not treating the Group A Streptococcus with Pharyngitis it turned into Scarlet or Rheumatic Fever causing many organs to be affected. Or the skin disease and acne was Agent Orange, not dry skin? Or the Migraine Headaches, stroke, and brain damage at 19/20 years old, were because of service in Vietnam causing carotid artery occlusion from rapid cell death? 

The VA has made this drag out, deceiving me my entire adult life by withholding all evidence, all medical treatment records, and all medical care. I have to assume to deprive vets the knowledge of others with their same conditions, and prevent them from filing any claims like it did me. PTSD in a lot of cases, if not most cases, is due to malaria or some other parasitic infestation causing rapid cell death and physical damage to most all organs, especially the brain.  This has all been a complete crock of crap, and I want to sue on individual events if I can, or will they all be lumped together? Then my kids will have their turn. It’s a mess of lies and deception and I thought the BVA would look at the evidence presented and it would be enough, but no. I have to sue to get those still being withheld for the immediate six months after my being medivac’d out.  All this was done to use up my life time it seems like, and with the Vietnamese people watching the claims, it feels it has to keep lying and covering up.

I guess I answered myself basically. Any good lawyer recommendations? A claims agent wouldn’t be able to handle this case. Thanks all

victor rayRay

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I have used FOIA many times in the past.I filed timely appeals yet usually found what I was seeking elsewhere.

One FOIA request I made of the Drug and Drug Administration took years to be resolved.

I requested it for my FTCA case but the came about a year after I won that.The FOIA guy in DC  handling it actually called me up to see if I still needed the info and I said yes...

But the interent had already provided me with what information  I needed.The FOIA packet contained a lot of info but minimal info on pseudoephedrine. I proved, and VACO agreed, that this med (SUDAFED) was a contributing factor to my husband's death. one of many situaions involving VA malpractice.

 

They cited 5 USC 552 (b)(5) in this letter.

 

Did you file a timely appeal?

5 USC 552 (b)(5) is an often used citation. 

"Deadlines for the filing of an appeal are noted in each agency's FOIA regulations located in CFRs. They are often as short as 20 working days, so it is important to act promptly when a denial of your initial request is issued. Although, if you miss your appeal deadline you could always refile your another FOIA request, it would just add to the delay in reaching the ultimate resolution of your information request."

http://www.foiadvocates.com/appeals_litigation.html

This site has a lot of info on the FOIA and also has a contact area for email questions.


"FOIAdvocates is a project of FOIA attorneys David Bahr & Daniel Stotter designed to assist the public in gaining access to records from federal, state and local governments using the federal Freedom of Information Act (FOIA) as well as state and local public records laws. FOIAdvocates can assist you in making requests to obtain government records and provide legal assistance in pursuing administrative appeals and related litigation. The FOIA Lawyers at FOIAdvocates have considerable experience in successfully prosecuting FOIA and state public record lawsuits in trial and appellate courts — experience dedicated to fostering citizen oversight of governmental activities and operations."

http://www.foiadvocates.com/

Unfortunately I cannot tell how old this site is-but the FOIA info there is comprehensive.

There are other FOIA attorneys on the net such as:

https://www.loevy.com/complex-litigation-commercial-matters/freedom-of-information-act/

I used FOIA for many different issues. I obtained incredible info from the DOL as well as the VA.( due to their errors) They sent me stuff I should never received. DOL threatened to send a US Marshall to my home immediately to retrieve one file but I waited for the Marshall( I had copied what I needed) and no Marshall ever came. I waited a few hours then called the US Marshalls office in Rochester because I didnt want to miss a yard sale that same day and they had never received any request from DOL.

However- I found everything I needed that FOIAs would not produce, as soon as the internet- many years ago became what it is today.

I found documents the VARO and even VA Office of Medical Legal, told me had never existed- right at the bottom of my C file.

"Can I sue the VA multiple times, like for each condition they have lied about and withheld evidence of existing, but denied knowledge of. Like knowing I had a Blood Disease but not admitting the parasites origin was malaria from Vietnam. That by not treating the Group A Streptococcus with Pharyngitis it turned into Scarlet or Rheumatic Fever causing many organs to be affected. Or the skin disease and acne was Agent Orange, not dry skin? Or the Migraine Headaches, stroke, and brain damage at 19/20 years old, were because of service in Vietnam causing carotid artery occlusion from rapid cell death? "

A lot of that might be resolved with a strong IMO/IME, because a good IMO/IME doctor will go over everything in your SMRS, and private and VA medical records.

I had to prove my husband had his IHD, DMII, HBP and stroke malpracticed on by the VA.

The heart disease and the DMII were never diagnosed or treated by VA. All of above, I proved, caused his death.

The only claim I got IMOs for was the DMII claim.

But I had prepared an extensive lay medical opinion for the IM0 doctor and knew my IMO fees were a great investment and that claim did succeed.

Nothing is impossible.But many of us have only succeeded with VA because we were willing leave No stone unturned. 

 

 

Edited by Berta

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Berta,

Thank you. That’s a lot of good information and I wish I was more able to dig like you can, but I am worn out. I am physically tired and mentally exhausted and in my case, it’s as though every agency has my name high lighted when I call or write, saying “Lie to this guy”. 

I’m going to send my stuff to an attorney and ask him to sue for everything we can, and he will know. As far as deadlines, I tried to stay timely, but in some cases all I got was we sent you everything,. They told me that 15 times before I got a single medical records from Vietnam, then I got like 42 records they had been sitting on. 

They are doing the same thing now, and I have a request in, but expect nothing but lies. The VA is full of lazy evil people running it and I have no respect for any jerk there, well, maybe a few, but some are so lazy, that moving their lips is a chore, and I don’t have enough life left to wait on their answers.

my case is different than most, because they were hiding the evidence while I was still on active duty, ignoring the permanent profile, and pretending my records were lost. They withheld them in 1983 as well, and I didn’t get one medical record until 2015. I, by myself, can not even get pay records, morning reports, nothing.  Nothing that puts me in a particular place at a particular time, and I believe because of the experimental nature, I will never get them, except through an attorney defending the United States in a malpractice suit.

thanks for the info though Berta. I will look the links up, but only an attorney can get the records I need. Thanks for the help. PS. I’m glad you are so good at this.

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." I am physically tired and mentally exhausted and in my case, it’s as though every agency has my name high lighted when I call or write, saying “Lie to this guy”. "

Believe me, I know that feeling. But that is what the VA wants- to completely burn us out.

I felt that way for the past 2 years, hoping the director of my RO would retire-but she didnt.

One day I went over 3 of my past decisions, I knew my Nehmer Audit amount was wrong and questioned it and got a ridiculous statement from the director ( by phone twice) indicating her knowledge of basic VA 101 is NIL, and she said my claim was Closed. I thought the audit was  maybe off by a few thousand-not worth my while to deal with RO idiots again....then one day I looked over an audit they had sent me of all payments they made to me for the past 20 decades plus-

It revealed mathematics errors in past awards I had corrected, one corrected by a CUE from the regional counsel, that was STILL wrong  and that I got corrected myself...and one ordered by General Counsel.For ther next 3-4 weeks I did a full audit and found the Nehmer audit was off by much more than a few thousand.

I had the impetus to file 4 or 5 CUE claims, and if  am wrong ( my evidence is from a General COunsel Pres Op and the Nehmer Court Order,) they better have a VERY good legal reason I am wrong.

In some past decisions they made up crap.

 I ended one of the CUEs with the actual amounts they still owe me, based on the historic rating charts.and stated that, since they made so many mathematical errors in the past, regarding my issues, "it is as likely as not" they erred considerably in the Nehmer Audit, to my detriment. Piss on them. They have gotten me down many times-but I fought back with success. One claim took 9 Years and another one took 7-8 years.

3 or 4 of my CUES however took mere weeks.I filed them within days of a decisin that learly had legal errors in it.

I have learned to be patient- and Persistent.

Did you ever ask NARA for your military personnel file? That is separate from the SMRs.

 

 

 

 

 

 

Edited by Berta

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Berta

Yes, I did ask NARA for any and all medical records,records,  reports, and they did send about 42 records which were for just the 21 days I was hospitalized before being evacuated to Yokota Airbase Hospital in Japan for further testing. No test results from Japan, and no records for 6 or 7 months immediately after my return. I believe I had a stroke in that period and had been suffering terrible with killer migraine headaches, confusion, delirium, and I had parasites in my eyes. That’s probably the undetermined organisms they found in my lungs and blood. They are such liars, and I think this is way over my head, and need to turn it over to legal minds. The BVA is the same way and lie for the VA. It’s all part of the establishment that President Trump is fighting, and the BVA holdovers are ignorant or didn’t see the records. It should be Board of VA Attorneys. It’s hard to respect any board you believe to be biased, and I believe completely that they are. Most all lawyers do too and just look at the number of derogatory rulings and court proceedings and it’s pretty easy to see. 

Too bad I won’t be here to see the results, and I can only hope my survivors pick it up and squeeze a little Honor and Decency out of the VA, if that is possible, because they won’t do the right thing unless they are forced.  They have to be forced to be honest.

thanks Berta

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Of course, I dont know.  However, to "win" a lawsuit against VA you have to show "damages".  The extent of your damages would likely be the potential benefits, since Im assuming you are not suing about your health, which is a different matter.  

For help in obtaining your records, try this:

I call it the "teenager" method.  If one VA employee turns down your request for records, try another day, another employee.  You know, if mom says no, ask Dad, if both say no, ask Grandma.  If all three say no, ask your teacher.  You should be able to find the "weakest link", reminding you VA is not a unified body, but a whole bunch of different employees, all who have different ideas on how to treat Vets, and different attitudes towards us.  Just find a Veteran friendly employee who will help you.  They are out there.  But you wont find them if you give up after the first grumpy employee or two.  

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  • 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
        • Thanks
        • Like
      • 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)
        • Thanks
        • Like
      • 9 replies
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