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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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  • 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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john.penasack

Supproing data recognized by one VA Comp, but another

Question

My USAF medical records were lost or destroyed and I was initially denied any compensation. I retired in June 1981 with 20 years service. In June 2018 I found that the VA would accept a 4 page signed statement from my spouse, of 57 years, describing what family life was like living with back pain which started in June 1968, while on active duty.  Within 2 weeks, I was awarded 80% disability, with 14 medical problems identified. Monthly disability checks started. I then submitted a claim for  37 years of.retroactive pay,  and was denied because that 4 page statement by wife was considered "informal". 

I have no idea if there are 2 or more different, independent, VA Compensation Organizations, because the VA denials do not identify which VA Office made the decision, where the office is geographically located, who signed the denial, where I could call, etc.

I submitted 2 NDO's citing the fact that I have been granted an 80% disability and initial monthly benefits based on the "formal" statement of my spouse and asking why my VA Compensation is not consistent. NO ANSWER.

I have solicited the VA IG, Senator Hassan (NH), House Armed Services Chairman,  and all have failed me. I have been exploring an age discrimination action, but that requires a lawyer and I cannot afford their extravagant fees.

Anyone have any advice

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The FDA established that for legal protection only, not because they know anything about nerve system anomalies.

I learned, over 25 years ago, that when physical pain overtakes me, I must try to over-ride it with an overwhelming mental preoccupation: thus this response. One of the reasons I devote most of my time preparing current geopolitics classes for seniors (no financial gain for me), is to focus on mental activity to offset my almost unbearable physical pain. Occupying my mind, for my benefit and others, is keeping me alive, at least for now.

My qest for compensation back pay is to obtain funds to ameliorate my handicaps.I will attempt gaining NOVA support, but am realistic to know that overcoming the overwhelming bureaucratic VA rules is probably not achievable. My 'bailout" is an option.

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"By the way, I was told by that representative, that the VA IG does not perform any internal audits of VA processes".

Maybe the 'representative' does not know that all OIG investigations are online.

OIG however does not want to get involved with individual claims issues and can only make recommendations to VA entities to resolve their problems.

However I have filed complaints with the OIG but the best bet is to file a complant with the OAWB-

Office of Acountability and Whistle Blower protection.I have a complaint pending with them.

"I have solicited the VA IG, Senator Hassan (NH), House Armed Services Chairman,  and all have failed me. I have been exploring an age discrimination action, but that requires a lawyer and I cannot afford their extravagant fees."

Contact the Sub Committee on Memorials and Disability-under H or S VAC web site.

They accepted my testimony into the record for the Shreddergate hearing.

Also I used for my main complaint to the OAWB- a letter I had set to the H Vets Affairs Committee years ago- with no response at all. My complaint is mainly against the Office of General Counsel, and the H VAC letter and my H VAC Sub Comitte testimony supports it, Also I sent them 3 GAO reports and other significant stuff- 

You need to narrow down your complaint however to whatever you  believe the VA did wrong, with evidence.

Age discrimination?

I dont understand the basis- however I did all the legal work for my husband against a federal contrator, when the ADA became law.(Americans with Disabilites Act.) The ADA EEOC lawyer called him but he was in Day treatment at the local VA and the lawyer asked me who prepared the complaint, and when  said I did, he asked if I was a lawyer.The evidence I had was from over a 4 year period and quite extensive.This all had involved 17 prior complaints to DOL under the Vietnam Veterans Readjustment Act, I had  prepared for him with 17 responses that the contractor had not discriminated.

A few months after filing the ADA case, their lawyer called me, to tell me my husband had won what he was sure had been the very first ADA case filed in NY.( I am sure too-I waited on the post office steps for the PO to open on the frst day the ADA became law, to send it.

The federal contracftor had to pay him restitution for the discrimination.

The ADA lawyer me I had got them many times in the 17 DOL complaints- but they did nothing- the Vietnam vets readjustment and rehabilitation Acts were just a crock of crap- but Vietnam vets thought they were laws with teeth.Some of my evidence for discriminatiion came from the VA under multiple FOIAs I sent out. The VA had information on the hiring practices as to disabled vets , from every federal contractor in the US. That evidence was superb.

If you are willing to do the legal leg work, you might not need a lawyer. EEOC has info on the net about Age discrmination.It just cost me copy fees and mailing fees to file the ADA case.

But discrimination cases dont work against the VA claims system.

They do work against the VA in hiring situations.Been there ,done that for my husband too.

I told the director of the local VAMC that would be my next move ( EEOC) ,showed him the evidence I had, and within 20 minutes my husband was hired by the VA, and within the same day their personnel director was fired.

Your issue seems very complex- but you seem very willing to fight back..

That is what it takes....and Evidence is Everything,so leave no stone unturned.

 

.

 

 

 

 

Edited by Berta

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