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

Dont let VA pull a fast one on you!!! NOT ONE EFFECTIVE DATE WAS CORRECT!

Rate this question


broncovet

Question

  • Lead Moderator
Posted (edited)

Disclaimer:  There are many, many great VA employees who are Veteran friendly and grant the Veteran every benefit the law allows the first time.  And, there are also many great VSO's who are amazing help.  This advice does not apply to them.  It applies to the "other" VA employees who are not so Veteran friendly and also not so good VSO's.  Its a lottery and you dont know which one(s) you will get.   

 Ok, so you "made it".  VA denied Service connection, you appealed and won.  Done?  Not so fast!   Now, the VA's next plan is to lowball your rating percentage.  Ok, so yu beat that one and you are done right?  Nope.  There is still one more way for VA to hoodwink you.  You are so excited, you get a check and regular payments coming in.  HurraY!  You forget or dont bother to check to see if the effective date is right.   Its so easy for VA to hornswaggle your effective date.  In fact, I got a total of 3 decisions awarding benefits and EVERY one had the wrong effective date.  I appealed 2, and won, and the other one I should have appealed, but did not.  Its too late now but I still won additional benefits mostly because of the other 2 appeals which I won, had a net effect of winning benefits even on the claim I did not appeal, based on the terrible advice of a VSO.  

Quote

 

 

 

Quote

Dont appeal your decision..you got an award, even tho its at 0 percent, because you could lose benefits. 

Huh?  How can my benefits go down from 0 percent?  CAn VA benefits be "negative"?  Is there a Negative 10 percent rating?  NO such thing!  

Here is a good example of ONE way the VA is attempting to hornswaggle this Vets benefits:

 

Edited by broncovet
Link to comment
Share on other sites

1 answer to this question

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder

Good info.

And also consider that when the veteran learns of either a lowball rating percentage and/or potential to get an earlier effective date (previously denied, filed again, granted years later), it ends up subject to the CUE criteria.

If the VA would include a copy of the C&P exam DBQ/results and the relevant laws/regs/rating criteria, then they could quickly and easily look for themselves. The 48 hour window for VSO staff to review claims before becoming final was removed. However, a vet could then easily take this information to their VSO and hopefully have it double-checked.

Maybe one day the one year appeal limit window and the strict CUE restrictions should be completely removed retroactively for all vets. They would fight hard against it and claim the backlog would get worse, but it would help prevent vets from getting shafted by an overly complex system.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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


  • Tell a friend

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

    • alexpainter earned a badge
      Conversation Starter
    • Lebro earned a badge
      One Month Later
    • catyvaz1 earned a badge
      Week One Done
    • AFguy1999 earned a badge
      First Post
    • AFguy1999 earned a badge
      Conversation Starter
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • 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.  
      • 4 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use