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

Just Got A Call From The Va

Rate this question


rdawg

Question

A little background.

Served honorably in the AF 1985-1989

First filed for compensation MAR2006 Lumbar Degenerative Disc Disease and IBS.

I was a dumbass before I found hadit.

Long story short, my biggest mistake was relying on the VA to do the right thing (believing the line they tow).

I got denied on both in 60 days.

Submitted additional evidence in Aug 06 showing current diagnoses and a letter from my dr. stating a nexus (DDD only). My Dr. had not reviewed my service medical records.

Got denied in 60 days.

My SO (AL) filed a NOD without discussing it with me. I wanted to get my SMR's for my Dr. to review and write another letter.

ANyway, he said I could not call back my NOD, I had to continue on.

I got my SMR's.

Bit the bullet and got an IMO from Dr. Bash. Win or lose the IMO was worth every penny.

I submitted the IMO, hand carried it and had the VA date stamp it, on Jan5th2007.

Fearing I would get the "Berta" treatment from the MF I wrote an IRIS inquiry asking if they had recieved my IMO and when I would have my de novo review ( I requested it in the NOD and again after).

The VA actually received my IMO. Wooo WHooo!!!

The person on the phone had a very positive attitude on the potential outcome of my de novo review. He said my review would be in mid March or April.

On a sad note: I called the AL to tell them I submitted this additional evidence ( I tried to call them before but there was no answer and they wouldn't return my messages) and found out that the gentleman who had been helping me was in a fatal accident while riding his motorcyle over the Christmas holiday. The young lady that answered the phone was new and told me things should be back to normal in a month or so.

I will keep you informed. Thanks Hadit.

Everyone listen to Berta. The VA will not do anything until you submit competent medical evidence of a bulletproof claim.

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

That is just awful about the AL vet rep-to think this is a vet who might have had combat service - doesnt matter if he did or not- and his demise is not due to service but to an accident like this-

But I am surprised he prepared and filed the NOD himself.

I am glad you got them to acknowledge your IMOs Rdawg-

you said more than a mouthful- the only real thing that makes claims succeed and it bears repeating-

"The VA will not do anything until you submit competent medical evidence of a bulletproof claim"

I think it is a travesty that vets often have to pay for costly IMOs- then again I spent 4,000 so far with Dr. Bash- which I sure dont regret either-and am ready to spend another 1750 if needed . (They quoted 2,100 but reduced it when they heard the evidence-Medopinions)

A good doctor can see things we cant especially in the blood chem reports and the medical symbols and abbreviations.

Personally I think some of those lousy SOs and vet reps should be canned and their salaries used instead to help vets get IMOs.Then the overall success rate of some of these vet orgs would increase I am sure.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

I called Medopinions also. They were cheaper than Dr. Bash on one issue but I had four and Dr. Bash ended up being cheaper for all four. I think his opinion would be more like what the VA needs.

What a great man Dr. Bash is. His story is great also. I told him about a person I found at the VA that actually helped me and got me on the right track and he relayed his story to me, I hope I get it right. He was paralyzed while at the AF academy. His claim was in the VA for 7 years when he had finally hadit and went to the local RO to see what was what. He was rolling around in his chair when someone high up in the RO walked by and asked him how it was going. He replied that he was trying to find out info on his claim, that it was 7 years old. The VA person was appauled and said something like "My god you are in a wheelchair. It should not take 7 years to get service connected." And shortly after that Dr. Bash received his positive rating.

Thanks for all your help Berta.

rdawg

Link to comment
Share on other sites

  • HadIt.com Elder

Going to the VARO is a good idea in my opinion.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

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

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use