VA asking questions on injury background. Warranted?

[Scottish_Knight]

Greetings all,

I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent.  In 2001, I was shot in the leg, which destroy the femur.  This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC.  The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws.  I lost not only length in the leg (2cm) but my hamstring atrophied.  Since then, I've encountered continued pain in my knee and hip.  All was documented in my military medical records.  Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.

I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain.  The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years.  The pain continues.

My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken.  The VA Rating Decision gave me 0%. 

Unknown to me was the appeal process.  Last year, I found someone who is helping me with the appeal.  I live in a remote part of southern Germany, so connection to other retirees and vets is nil.

This week, through my appeal representative, the VA has contacted me.  They want all the background information on the shooting.  They require the who, what, when, where, why, and how of this incident.  I am also to supply them with records I have that they don't.  First, they have a copy of my entire medical record.  How am I to know what they don't have?  Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required?  Had I been shot while in Afghanistan would they be asking the same questions?

Perhaps I simply do not know exactly how the VA adjudicates the claims.  As this is not a presumptive matter, evidence of the injury must be presented.  They have that in the form of my military medical records.  Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability?  Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?

Thank you in advance for any insight into this.

Edited October 26, 2018 by Scottish_Knight

[Berta]

What Regional Office do you deal with-the one  who sent you the decision?

I can give you contact info for them.

Calling Peggy (800-827-1000  can be a waste of time.

 

[Scottish_Knight]

Aye, Peggy.....  I have to ring the 2411 number.  The normal Peggy line cuts me off each time I've rung over the past year. 

Which VARO?  Well, 2009 was Pittsburgh.  For 2020 and 2021, the DR doesn't actually state.  The eBennies site also indicate Pittsburgh for overseas.  So....

Thank you Berta!

[Berta]

Pittsburg VARO

As of May 2020

Director:  Jennifer Vandermolen

412 395 6008  phone

412 395 6005 Fax

email: jennifer.vandermolen@va.gov

Veterans Service Center Manager     Cynthia McJunkin 415 395-6083

( no email listed but it might be cynthia.mcjunkin@va.gov)

[Scottish_Knight]

Thank you Berta.  I'll send them an email today and see if they can assist.

[Scottish_Knight]

Right then, I sent an email on the Friday last to the two Berta mentioned above.  No response came from them.

Yesterday though, I was contacted by a lad from the VA 'Jeffrey'.  Seems my email was passed along to him.  We had a 30min conversation.  Jeffrey was undeniably patient and helpful!  He too is a disabled vet, which helps.  He explained the withholding, which for me alone was worth it's weight in gold.  Jeffrey was the one who handled my claims (makes sense why this was passed to him).  

I wanted him to explain this odd amount DFAS paid me ($1458), which he attempted to.  He continued to reference the 'can't receive disability and retire pay simultaneously' speech.  Once I beat the drum on CRDP and that between 2009 and 2020 I should have been 50% and not 20% due to the acknowledgment of my CUE claim, one could hear the lid fitting wee jar.  He understood.  He then did the calculations and agreed that the $1458 was completely off.  It should be more.  Much more.  He will contact DFAS and get back to me in a few days time.  

I was very much appreciative of his time and assistance.  He could not have been more friendly.  He also stated to me several times that he is aware how frustrating and unfair the VA are.  I won't go into all his examples, but he assured me that there are numerous disabled vets working for the VA and they full well understand what we go through and raise their voices when the opportunity presents itself.  Sadly, it does FA.  A group of disabled vets arguing with life-long bureaucrats does little.

Cheers!

[Scottish_Knight]

Good morning,

I'm looking for an answer to a question I cannot find through google.

The VA or actually DFAS has made a retro payment to me.  I was under the assumption that disability pay was not taxed.  The VA shows a total retro payment of say, $10.  DFAS shows they paid me $5, but pulled $2 out for FITW, so I was paid $3.  Obviously the amounts are higher and the amount deducted for FITW was massive (almost 30%!) and I expect the same will occur in the second and third payments.

Is disability pay and / or retropay subject to FITW? 

Looking forward to the responses.