Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Why Must Vets

Rate this question


AllTheWay

Question

Greetings my Hadit Family.

I do have a lot of why questions and some of you might have your opinions as to why.

I am pretty sure that most of us are familiar with the 38 CFR. Most of us had an injury or illness while in the military either was caused by service or aggrevated while one service.

This is it so hard to get it service connect. Do know half of the answer. Bigger bonuses for VA reps.

Why are Vet's told that Vets need an IMO, IME or some type of Nexus. (My hand is raised, Pick me, Pick Me). Because the VA knows that it is very difficult to get such Nexus. The VA knows that most doctors will not write a nexus. If they do, it takes years of test and treatments before they would consider writing but at least they are getting paid. Job security. Doctors are no dummy. Even though a private Doctor has read your SMR, and see that you did have an incident or injury while in service, the Doctor is still hesitant to write such letter because the Doctor does not know what the Vet has done post service. The Vet goes out and spend big money for an IMO, IME etc. I have seen vets still get denied after spending the money. The VA see that if the Vet has that type of money to spend, then why do they need to be service connected.

I have seen Vets spend thousand's of dollars and IMO's IME's DBQ's etc. My outside VA PCP had did 3 DBQ's at 400 a pop for me and use the magic word that VA likes and still got denied. I have seen  and personally know people spend 2000.00 at Reemedical out of San Diego and got denied. I have read post were Vets went to other places like Dr. Bash, some got denied. So what now. The Vet have to lawyer up because of the amount that they have spent just to get that denial.

Look at our WW2 Vets as well as our Nam Vets. We as vets know what our past Vets have went through and some do not have that much money to get a nexus, Imo time, and have a low disability rating, but the injury or incident happened while in service. The first thing that VA states, you need a nexus. Now our elder vets just settle  for a lower rating until death. Is this right? is this taking care of our vets that have put their lives for our country?

I would love to hear your thoughts on this.

 

Link to comment
Share on other sites

Recommended Posts

  • 0

 Most of the people on this board know I have been dealing with the va for 33 years... not just on my own claims but also helping veterans.

It was not until the last 10-15 years that I started hearing about independent medical opinions... there was a time that they were never mentioned or even needed...

I don't think anyone at the VA is out to screw over veterans,  I just think they make a lot of mistakes, or the C/P examiners do not report the findings as best as the could.

I have many service connected medical issues. Fifteen to be exact.... but I have only paid for one medical opinion and in the end I did not even need it,  I was easily service connected for my sleep apnea and Left knee injury once the the medical facts were known. It was a VA c/p examiner who stated with my medical history,  ( asthma /COPD) he would be surprised if I did not have sleep apnea.  The knee injury was a little more complex but after the initial denial it was service connected.  Oh yes many years ago the VA kept denying my claim, for sinusitis..In  2005, I went on Fort Hood ( this is after I retired) and after being treated for a number of months, asked the allergist, and pulmonary doctors to review my active duty medical records and write me a statement... both were happy to write statements and I was finally awarded service connection, but this was the only time I actually felt I needed a separate opinion.

I have a bad habit of bad mouthing the VA.. but overall the people working for the va in the Medical centers are treating most veterans right. True we don't always get our claims approved when we want them approved, but I have won more appeals that I can count. Yes there are some claims that never get approved, even after going up to the veterans court, and  most of the time  those denials  are justified.

I am in agreement that many medical personal doing C/P examinations are not qualified to do many of the exams that they do.  Why in heck is a internal med doctor doing a back exam , or why does a NP do an exam for a knee... its all about money.... If the VA would hire doctors to do the exams  we would all be better off. It is because of inadequate exams and the failure to read medical records that causes such a need for Independent medical opinions. 

I am one of the elder vets you mention... I don't give up on anything when I know the facts are on my side.... (and my personal history of claims from 1986 to as recent as 2019 shows I don't give up).   And when others have told me its a lost cause,,, I just ignore and continue on.... 

I thank God, that the VA takes care of most veterans from the claims process to the Medical Treatment.... along the way they do fail and considering the amount of veterans that is to be expected...

By the way.. if you receive treatment by the VA.. they are required to write you a medical opinion if you ask them too.  You may not like what they write but that is the nature of the game....

dr statemenet oct 2008.pdf VHA directive 2000-029 VA doctor statements.pdf

Link to comment
Share on other sites

  • 0

I have been dealing with the VA since 1986.  I suffered a line of duty injury in 1982.  After seven and a half years I was discharged as physically fit, RE3P for a medical condition that prevented further service, pre-existing.  The VA declared my condition to be hypochondria.

I was supported by the NCOA and won benefits shortly before the military came back and retired me.  I got a strong evaluation at UCSF that documented my injuries.  I got a very strong medical and psychological evaluation from the University of Connecticut and was awarded further benefits.  My final benefits were awarded after an IMO that linked my current condition to my military injuries.  Without strong evidence in each case the VA refused to award disability and only awarded disability after medical opinions were sent to the BVA.

I was never given medical testing by the VA other than slipshod test to try to refute the UCSF medical exam which was done in a special laboratory.

From my experience the first rule at the VA is that if you are denied the first time you will have to go through hell and high water to get approved.  This was told to me by a high level VA official in a minute of spontaneous honesty.  

I have been medically malpracticed at the VA multiple times when I went to them for help when I had nowhere else to go.

The VA is a political department of the US government and will do whatever is necessary to survive as an organization.  I exists to support the people who work for it and not necessarily to care for veterans.

Link to comment
Share on other sites

  • 0

Great feedback. I just want to see if my Hadit family feel the same way as I do. I do agree. The VA need to use Doctors instead of Nurses.  I am not trying to get any pity at all. I was a hard charging, (still is) fighting machine. I never complained as a soldier, did not go to sick call much because of peer pressure. Took my ranger candy and just moved on. As a Drill Sergeant, is it right for that Drill to go to sick call? Heck no. Training soldiers was my job and was on the trail for 3 years, we all know what Drill Sergeants do, lead from the front and lead by example.

After the Trail, still did not complain much, even though I was in pain. Why? because now I am a Senior NCO at Ft Bragg NC. How can you lead from the front but standing in the rear of formation because I am on profile. Led my last group of soldiers to EOF 2006 before I retired. After retiring, just drove on with pain until I couldn't do it anymore. Start going to the Doc, wow big surprise. File a claim, denied.  

I do respect the comments that were made and great comments. I like to see how other people feel.

Made me open my eyes and if I had known earlier in the service what I know now, things would have been different. I wouldn't have been so like Rambo. But the way I take it, lesson learned so with the knowledge that I have, my job to give back to Vets is to mentor and help them as much as I can.

Good feedback.

Link to comment
Share on other sites

  • 0

What I have learned from the VA regarding Veterans, can be summed up with my favorite two VA beneficiaries,

Bert, now Bert stubbed his toe in basic training, which turned into chronic turf toe and was medically discharged before he went to AIT.  He went right to the VA with his paperwork in tow, and was immediately awarded 10% for foot pain, etc.  A few years later, Bert developed a chronic limp, went to physical therapy, which determined there was no hope for Bert, who claimed an increase, and was awarded 30% more.  Every couple years, the maladies continued to worsen and contribute to other medical issues.  After 10 years from leaving service for stubbing his toe, and at age 28, he now is 100% and has insurance for his wife and eight children.  ED was not on Bert's medical condition list.

Ernie, on the other hand, was in the Army for 8 years and shipped out to Korea during the war.  Ernie stepped on a Bouncing Betty and lost his right leg below his knee.  Ernie was shipped to the states where he found the bottle upon debarking the boat.  Ernie lived on skid row for around 10 years and then headed for the mountains for another twenty plus years.  After he could not take care of himself, he came down from the mountain, and rejoined his family, who hadn't seen him since he left for Korea.  Upon seeing Ernie is such disrepair, his brother took him to the VA to get him care.  Ernie had no service medical records, or any medical records for that matter as he had not gone to any doctor since they military took his leg.  Ernie, who now was somewhat mentally impaired, was told that his medical record was either lost or burned in the famous VA records fire.  Ernie's brother is now his legal guardian, but knows nothing about the military, or the VA.  Ernie's first claim has been denied, and there is an appeal in the works somewhere.  Ernie is 81, has PTSD, chronic pain of the lower limbs, and of course, ED.

I'm somewhere in between,

Hamslice

 

Edited by Hamslice
cause I can
Link to comment
Share on other sites

  • 0
5 hours ago, Berta said:

I just read AllTheWay's other post in a different thread.

They mentioned the lack of chronicity for treatment of the neck injury. 

That is a big hurdle to overcome.It isn;t impossible.My neighbor's SMRs revealed a back strain he had in service and they service connected it- when he claimed it -about 20 years after he left the Military. Then again he had X rays and other evidence of it in service . It was also mentioned on his discharge certificate.

Actually Berta, I was diagnosed with lumbar and cervical strain while in service. had x-rays done prior to retiring. been to the ER a few times. I have serous back and neck problems that x ray did not catch. That is why I paid out of pocket to get MRI's done on my neck and back.

Link to comment
Share on other sites

  • 0

See that is what sort of happened with me. I filed my claim in 1999. VA examiner said more likely than not back condition is from mva in service. They denied me. I never filed a nod or appeal. In 2016 I filed again and since they wanted nexus, I gave it to them. Over 17+ years of medical records (between 1000 and 2000 pages worth). Sent by registered mail. I’m sure when the rater saw those he was not happy. When I went for my C&P exam at the VA, I took all those records with me. Every MRI, every medical record. When they asked if they were my medicals, I said yes as the VA should have them bc I sent them in.  I wanted to make sure you had everything to review. My saving grace was my military clinical records bc they did not have any medical records from the mva. When I was released from the hospital I went straight to sick call. In fact several times. I Continue to go to the chiropractor quite often bc I have to. As I got older my back got worse. So bad it has affected my legs, ankles, neck etc. not to mention the medications I take for the pain and spasms.  I recently received 100%. I don’t understand, if it’s in your smr why do they make the veteran fight so hard for it. I mean holy crap it’s in black and white in your record. I suppose I could go on and on. As for C&P examines and having doctors do them, I merely went to the VA orthopedic doctor about my elbow which was also injured in the mva and again in a fall. He was hell bent on not doing a mri. My elbow was so bad I couldn’t move my arm at all for nearly a year.  I finally said “listen something is wrong.” the doctor got mad and said “fine I’ll do the mri but if it doesn’t show anything, then your elbow just hurts.” What orthopedic doctor says that? MRI report “significant abnormality attention needed.” In February of this year, I had to have elbow surgery. (Not by him). I think that whether it is a nurse, PA, or doctor doing the C&P exam, that they need to really read the all the records and reports so they know what is really going on with your illness/disease/injuries. Don’t treat the vet as if they are being run through an assembly line. Have a little bedside manner.

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use