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Chiming into this thread. I currently work for Veteran's Affairs, Veteran's Benefits Administration as a rater, that is I'm the one who determines whether or not an individual veteran is entitled to disablity compensation. I am also a disabled veteran myself and have been through the system for the last 10 years. I realize that the system can be daunting at first glance, but if any of you have any questions, no matter how stupid (aside from "where's my claim at?" because I don't know), I promise I will give a straight and honest answer.
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Mar 21, 2011 02:46
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unimog posted:So, my questions are: If they are handwritten medical records (which are not used as often these days), then they may be lost unless you have photocopies or alternative sources. Electronic records are usually stored by DOD and sometimes may be retrieved electronically. If you do file a claim and VA is unable to locate your records from RMC or your last unit, provide them with the dates and places of your treatment (i.e. if at an army medical center or hospital) and they might be able to access it. Things like x-rays and prescription lists are available to Veterans Benefits Administration employees. quote:2) If I have to prove events through statements from other soldiers, what format do they need to be in? Is there a standard form? The "standard" form is the VA Form 21-4138, Statement in Support of Claim, which is actually just a blank sheet of paper with boxes for your identifying information. Evidence can be of any sort in any format you wish. A letter will usually suffice so long as it is clear who it's from, how they know the information they're relaying, and has your claim number on it so that it can be associated with your file. quote:2) I don't think I have any records saying I was at fob x or fob z. All I have are orders saying Iraq, the time period, and who I was serving under. Although I do have a combat action badge, and other awards for combat situations. It would be easy to get confirmation of where I was at, what we burnt, so on and so forth from fellow NCOs and Officers who I served with. In regards to PTSD, if you have a CAB, CIB, Purple Heart, or any medal with a "v" device, VA will concede the occurrence of a combat stressor during your military service. So long as you have a clinical diagnosis of PTSD which is due to combat stressor, (i.e. you attribute your symptoms to a mortar attack as opposed to being involved in a car accident stateside) service connection for PTSD will most likely be granted. In regards to chemical exposures, you'll need to show three things, an event in service, a current disability, and a causative nexus between the two. If I recall, exposure to burn-pits is a given for pretty much all soldiers and marines serving in Iraq. If you have a current diagnosis of a respiratory condition, you'll meet the second requirement. The nexus is a little more difficult to show. Most likely, VA will set up an examination and ask the doctor to provide a medical opinion as to the cause of your symptoms. So long as they say there's a 50/50 chance or greater that it's due to burn pits or something else during Iraq service, then you'll get it.
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May 20, 2011 01:07
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FooGoo posted:Two questions for those who are knowledgeable: It depends on where in the process your appeal is at. The initial stage is a de novo review, where your local regional office (or one of the centralized sites if your claim is a paperless claim)is the one who conducts a full review of the file. If this is where your file is at, send it to the regional office nearest to you and they should get it to where it needs to go. From the sound of it, this is where you're at, so just send it there.
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Jun 21, 2011 00:29
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Roving Reporter posted:Okay, I just got a re-cock on my PTSD appeal. My C&P is scheduled for July 12th, right around the corner. Anyone have advice for strengthening it for appeals? So far I've, It's going to depend on why it was previously denied. If it was denied more than a year ago, I'm willing to wager that it was because VA was unable to verify the occurrence of a specific stressor. In that case, just be sure to describe the combat stressor that caused your condition so that the examiner has sufficient information to determine if your symptoms can be linked to service. As far as buddy statements, transcripts, and your journal, any information regarding your social and occupational functioning should be provided to your examiner, but more importantly it should be provided to the appeals division at which ever office is handling your claim. It's important that VA be provided with as complete a picture as possible of the symptoms and functional effects of your PTSD. Beyond that, you just need to be aware of the requirements for service connection for PTSD, that being an event in service, a current diagnosis of PTSD, and a causal link between the two. Within the last year the requirements for showing an event in service have been loosened a great deal and now if you were in a situation like Iraq or Afghanistan and experienced a combat event such as rocket or mortar fire or an insurgent attack, then VA will likely be able to take you at your word and concede the occurrence of a stressful event.
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Jun 30, 2011 01:40
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PBRstreetgang posted:
Sounds like you're the type of person who could greatly benefit from the VA's help. Read the rest of this thread and then go file an application for benefits at http://vabenefits.vba.va.gov/vonapp. As has been stated previously, contacting a representative from a veteran's service organization such as Disabled American Veterans or Veterans of Foreign Wars will give you a point of contact to help explain the process and push your application through. The doctor gave you completely wrong information. As long as you have an honorable discharge and have a clinically diagnosed disability that began during your military service, you're entitled to benefits. The reasons for your separation mean literally nothing to VA so long as the discharge is honorable. Secondly, GO GET HELP. Ask specifically to be assessed for post-traumatic stress disorder (PTSD.) Not only will this help to document your symptoms, but it will open up a wide variety of services to help make sure that you are able to retain housing and help you to find employment. It's a big bureaucratic system, but you have to take the first step. It may seem like no one cares, but trust me, the VA is full of people who truly do care about each and every single veteran who walks through the door, no matter how screwed up and angry they might be. If you need help, this thread is full of extremely knowledgeable people willing to help. cult_hero fucked around with this message at 02:16 on Sep 26, 2011 |
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Sep 26, 2011 02:13
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front wing flexing posted:Let this be a lesson for anybosy reading this. File under BDP before you get out. You may mean BDD, Benefits Delivery at Discharge. BDD is open to service members who are currently in the process of separation or retirement and have less than six months left. The main benefit to filing under the BDD program is that it is generally much easier to get disabilities service connected as your claim and all of your examinations generally take place while you're still on active duty, so there's not as much of a need to demonstrate that a disability began during military service because they will have that information already. Another benefit is that BDD claims are usually resolved within a reasonable period of time following your release from discharge, so you would be able to get a decision much sooner than you would if you simply filed a claim the day you got out of service. One potential drawback, however, is that all BDD claims are processed electronically at either the Winston-Salem North Carolina Regional Office (if you are separating from a location east of the Mississippi or in the western hemisphere) or the Salt Lake City, Utah Regional Office (if you are separating from a location west of the Mississippi or in the eastern hemisphere). All files are maintained virtually, meaning that all documents you submit are scanned into a computer system. After the initial claim is complete, these offices retain jurisdiction over your claim, meaning any future claims for increases, changes to your dependency, etc. will go to these offices. So unless you live in either of those two areas, you wouldn't be able to go to your local Regional Office and look at your claim file. Perhaps a little inconvenient for hands on people, but the benefits of the BDD program greatly outweigh (in my opinion) any potential drawbacks. If you're having to wait a long time for the resolution of your claim, there's a few things that you should do which may help to move it along. First: look at all the letters VA has sent to you. Often times the longest delays are due to lengthy procedures that have to be followed by law, i.e. requesting your service treatment records, private treatment records, verifying the occurrence of a particular event, or requesting information from an outside party (such as social security or a previous employer). If you received a letter that requests information, send it in. If VA says they're requesting information, but you don't feel that it will add anything to your claim, let them know so they don't spend months trying to track down information of little value. If you don't have any additional information, send in the "VCAA Notice Response" which should be attached to one of the longer letters VA sends to you. This document simply tells VA that you understand the processes, you have submitted all the necessary evidence, have nothing else to submit, and waive any further waiting period mandated by law. If you filed under BDD, you submitted this document as part of your original package. Sometimes delays are unavoidable. If VA tells you that they're requesting an examination, asking for clarification, or asking for an independent medical opinion, this will always be for a good reason, but will often mean long delays while you get examined, the examiner reviews the evidence, and ultimately sends it back to VA. It can be a delay, but this is ultimately done to ensure that VA has all the evidence they need to make the best possible decision on your case. If you want to keep the delay to a minimum, send all your information in at the beginning and do not (cannot emphasize that enough), do not send in new claims before the previous ones have been decided. When VA receives a new claim while another is still pending, it is considered part of that initial claim and the whole process starts over again for the new contentions. This means new development, new examinations if needed, and new waiting periods. Thus a claim that might normally take 3-4 months to complete can be stretched out to 9-12 (or more). Finally, VA is composed of individual people doing everything they possibly can to get you all the benefits to which you're entitled. However, the process is an immensely individualized one that varies drastically from one veteran to another. Delays are immensely annoying not just to you, but to VA as well. By understanding the process and cooperating with VA in ensuring they have all the evidence needed to make a decision, you can get help to your benefits faster.
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Oct 27, 2011 03:02
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front wing flexing posted:
I think this should definitely depend upon the circumstances of the individual service member. If you are able to retire for time served, do it the normal way rather than through the PEB process. By retiring based on length of service, an individual is able to capitalize on combat related special compensation (CRSC/CRDP) and receive both their full compensation and a good portion, if not all, of their retired pay. Some differences to remember for those who are put out on PEBs though, VA compensation is non taxable, military retirement is. Under the law, a veteran may receive up to the maximum amount of either their retired pay or their compensation, whichever is greater. In order to receive compensation, a veteran must waive a portion of their retired pay to do so. Thus, if a veteran is placed on the temporary disabled retired list (TDRL) and receives 600.00 a month in retirement and is then evaluated as 30% disabled by VA and receives 300.00 a month in compensation, then they must waive 300.00 of their retirement pay. This means that each month the veteran would received 300.00 in non-taxable compensation and 300.00 in taxable retirement pay. It's a different story if the PEB comes back to recommend separation with separation pay. Under federal law, a veteran is not able to be doubly compensated for disabilities for which they were paid separation pay and disabilities subject to compensation. Thus if a veteran receives 10000.00 in severance pay for say their right knee and VA evaluates that knee as 10% disabling, then VA is required to withhold the amount payable for the right knee until all severance pay is recouped. But note that this is only for the right knee. Other disabilities for which no severance pay is made are not subject to being recouped. That's the monetary aspect of the MEB/PEB process; there are also the time issues to look at. In some instances, the process may take months, or more than a year, to complete. Thus if you're looking to just get out and go, one will have to weigh the benefits of potential future payments with the costs of potentially being kept in service under medical hold. The delays can sometimes also mean that a service member may fall out of the time window to participate in BDD as their actual discharge date may not be readily discernable. One other thing to consider with the interplay between VA and DOD PEB systems is that the DOD's determination of disability is in no way binding on VA which will make their own independent evaluation. Often times the military will use an entirely different schedule when determining disability evaluations, resulting in a wide disparity between the two agencies. For example, I was retired on a medical board from the Navy. The initial evaluation from the PEB assigned an 80% evaluation. Upon discharge, VA assigned a 30% evaluation. In summation, a PEB is not a one size fits all kind of process. While it definitely has some benefits for many individual service members, its use should be determined on your individual needs. Not to discourage or encourage anyone in either direction, just remember that whatever choice you make regarding your benefits affects your future in many ways. My recommendation is to just go into it with as much information as you can. cult_hero fucked around with this message at 02:53 on Oct 29, 2011 |
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Oct 29, 2011 02:50
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FooGoo posted:I'm really confused about what just happened. Look at it again. What it sounds like is that they service connected "psychosis" for treatment purposes. Under a statute (38 U.S.C. 1702) VA can service connect a "psychosis or other mental disorder" solely for treatment purposes for veterans who served in a wartime period if a pyschosis or mental disorder is diagnosed within 2 years of discharge. From the sound of it, if they did not assign a percentage, they likely denied service connection for your PTSD for compensation purposes. The rating should provide the reasons as to why they did so. My guess would be that the examiner said you did not meet the full diagnostic criteria for PTSD and diagnosed something else instead. If that diagnosis is related to your military service, then you should be able to get that service connected. Look over what they gave you and go talk with your American Legion rep to either get it reconsidered or start an appeal.
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Jan 29, 2012 01:46
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Wooty posted:
VA has a duty to assist veterans in developing their claims for benefits. This consists of providing the veteran notice of the evidentiary standards required to grant the benefit sought, pursuing all pertinent federal records, making reasonable efforts to pursue identified privately held records, and scheduling an examination if one is deemed necessary. But you have to meet VA half way and the ultimate duty of providing evidence lies with the veteran. If VA doesn't know about it, they can't request it. This means responding to letters. When you receive a letter saying "what we need from you" it's not for information purposes, it's because VA is telling you the evidence you need to submit to prove your claim. If you say "I was seen by Dr. joe at South Towne Snake Oil and Chiropracty", you need to submit a signed release form (VA Form 21-4142)so VA can request those records on your behalf. Due to confidentiality issues, Vet Centers also require a release form before VA can request the information. Also because they are federally held records, they do look into your VA treatment records. One word of advice though, be organized. Claims files can be thousands of pages long and treatment records can comprise hundreds of pages of literally the same information with a single pertinent sentence hiddden among a book of text. Anything you can do to make it glaringly obvious that you're entitled to a benefit will make it that much easier to have a favorable outcome.
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Jan 29, 2012 02:00
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Risket posted:Is there a central point/place we could contact that would be able to track down these records? When she visits a VA hospital/clinic do they just send a copy of her records from a central location, or do they send the actual record via mail or something? All VA treatment records are electronically available to any medical center or regional office. I would recommend having your wife contact the release of information office at her local VA medical center to request copies of her treatment records. As for her service treatment records, if she does not have a personal copy of them, she should request those from the local VA regional Office which currently has her claim file.
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May 22, 2012 00:30
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Acid Reflux posted:Is it too late for me to pursue this with any hope of success? I have two major (and very well-documented in my medical record) issues that still plague me to this day, along with a few other minor things, and a lot of people I've been talking to lately seem to think I'm exhibiting symptoms of PTSD as well. It's never too late, so go put in that claim! And it's not just about the money, service connection opens the doors to education benefits, health care, hiring preferences, and possibly even tax breaks from your state government.
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Jun 16, 2012 00:10
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FooGoo posted:I am doing the same and would like to know as well. Are we talking months? Or years as with typical appeals? If you disagree with a decision, but you don't have any additional evidence to support your claim, file a notice of disagreement and start your appeal. Current practice (at least for those veterans currently within the paperless processing sites retained jurisdiction, if you originally filed a claim under the BDD program or if you send your information to either Salt Lake City or Winston-Salem. This comprises a large portion of veterans separating within the last 7 or so years) is that if a veteran submits a statement saying "I want my claim reconsidered, I think you got it wrong," without indicating 1: that something actually was done wrong or 2: that there is new evidence specifically on point that would cause the decisionmaker to change their mind, then the previous denial will in all likelyhood just be confirmed and continued. Something important to remember is that you don't automatically get more than one de novo (meaning that someone is going to look at everything like it was new) at any of the levels of review. In order to get a de novo review after a decision has been made, you need to move it up the review process by filing an appeal. A request for reconsideration is not a method of just saying I don't agree but don't want to take the time to file an appeal. It's saying "hey, I forgot to turn this in the first time, please reconsider my claim in light of this new information which you did not have previously." or "I missed my examination because I was PCSing. I am now able to attend my examinations, please schedule me for one." So that said, a reconsideration and an appeal are fundamentally different processes. If you provided everything that would have been pertinent the first time around and you didn't like the decision, a reconsideration is not likely to change the result. Once you file the appeal, you're entitled to a new full review by a highly experienced decision maker and you're provided with additional procedural options allowing for a better chance to provide information to support your claim, including an in-person hearing with the decisionmaker to go over your claim. The length of time it takes is going to depend on the office. In some offices, a request for reconsideration is treated the same as any other claim, so if it took you 18 months to get your initial decision, it will likely take 18 months to get a decision on your reconsideration as well. Appeals can be quicker because their offices can have a smaller case load at the regional office level and I have seen situations when a notice of disagreement (the first step of an appeal) can be resolved before the regional office has even had the opportunity to look at the request for reconsideration. As a note, the only times that appeals really become lengthy is when they go to levels outside of the jurisdiction of your local regional office, such as when they're sent to the board of veteran's appeals or the court of appeals for veteran's claims. In those instances, it's not unusual to take up to 4 years to get an appeal decided by an administrative law judge. But compared to the time line of most civil appeals in federal courts, this is a fairly reasonable time frame.
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Oct 4, 2012 01:05
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StabbyRipStabStab posted:Just send a 21-4138 with a statement that is something like this. "Obtain records in support of my claim from Cleveland VAMC from the dates for 1/1/2011 to present". It's not even really necessary to do that. VBA has access to all of your VA treatment records since approx 1995 and they're required to at least look at them in support of the decision. However, if you have ever seen your VA treatment records you would see that they can be extremely expansive and it is very easy to miss something important if it's not extremely obvious. So it's helpful to perhaps get letters or print out specific treatment records that support what you're claiming. When it comes to letters from your physician, those normally aren't stored in the VA medical records system. In such a case, it is absolutely paramount that you submit that evidence to your regional office to ensure that they have a copy of it. To anyone who is seeking to get individual unemployability, these letters are extremely helpful, especially if it comes from a treating physician who has been seeing you for a while. If you really can't work due to your condition, whether it be due to PTSD or a back condition, an explicit letter from a treating physician who knows your history well saying that you are unable to secure or follow any substantially gainful occupation (not just that you're unable to pursue your normal course of work) is probably one of the strongest pieces of evidence you can submit in support of your claim.
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Oct 25, 2012 02:59
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RandySavage posted:Hope this hasn't been beaten to death already but I have a question about disability comp! I got the letter in the mail saying my balls are worth 10% compensation but the thing that gives me problems, and two years of dead-man profile on active duty is my hip, which they said wasn't worth poo poo! The VA doc who looked at my nads was awesome and sympathetic, which is how I figure I got 10% for that problem. The guy who was supposed to look at my hip didn't look at my hip but asked me some questions, poked it a little, and gave off a serious aura of not giving any shits. The questions others have asked that were near this situation lead me to believe that I may be SOL but I really feel like I am getting lowballed by the VA. Is it worth disputing with the only evidence being poo poo they've already seen (army med files)? The problem here isn't VA lowballing you, it's an examiner not doing their job correctly. When it comes to the evaluation assigned for a particular disability, the agency decision maker has to go off of what the examiner says. Generally with joints, if they say "yep, you've got tendonitis that began during service", but they mark down that your ranges of motion were full and without evidence of painful motion, then they're kind of stuck giving you a 0% evaluation. What you can do now is either appeal it and tell them that the examiner didn't conduct range of motion testing using a goniometer (which from your description of the examination is a possibility), or you can have your actual doctor conduct the examination using one of the forms available here: http://benefits.va.gov/TRANSFORMATION/dbqs/ListByDBQFormName.asp and ask for a reconsideration. Also, take a look at that letter they sent you. I have no idea what's wrong with your testicles, but a 10% is normally assigned for the actual loss of a teste. If that's so, make sure they gave you what's called special monthly compensation based on anatomical loss of a creative organ. It essentially amounts to an additional 100.00 or so to your compensation regardless of your overall evaluation.
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Nov 14, 2012 03:57
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StabbyRipStabStab posted:I would have your podiatrist (civilian or VA) fill out this form and turn it in to your nearest VSO and have them write up a re-opened claim for a foot condition. http://www.vba.va.gov/pubs/forms/VBA-21-0960M-6-ARE.pdf Addititionally, ask very specifically to have the nerve damage in your foot evaluated. If at all possible, I would recommend having your doctor write out a letter detailing the symptoms of your nerve damage and specificlally identifying the nerve affected. Foot conditions are notoriously subjective in their evaluations and there is no clear answer as to how to go about getting a higher evaluation. Nerve conditions of the peripheral nerves are somewhat less so and if you are able to show a "mild" paralysis (such as any sensory effects) then that should be enough to get a compensable evaluation.
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Jan 24, 2013 19:50
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Dumbfire Rocketman posted:I was discharged about 4 years ago, served 14 months as a nuke before my depression and anxiety got the better of me and I was administratively discharged (honorably). A year after that in hopes of seeing a therapist of some sort I applied for medical benefits but received no response and just sort of forgot about it. Fast forward through my downward spiral I'm now dealing with a fairly serious injury that has cost me my job and will require surgery that I have neither the insurance nor the money to cover. I have no idea where to even begin with the rest of my benefits like the GI bill but dealing with this is far more important right now. Is there any hope of getting medical coverage considering my short term of service? Yes, your length of service should not pose any problems to getting compensation or health care. Go now and file a claim for your depression and anxiety. http://www.benefits.va.gov/COMPENSATION As for health care, go and apply at your nearest VA medical center and get enrolled. Let them know that your claim for compensation is pending.
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May 27, 2013 17:35
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King of Spit posted:So I have a question that I'm not really sure about. Get medical evidence demonstrating that your sleep apnea began during military service. Sleep apnea and insomnia are technically viewed as two separate entities by VA. Insomnia is actually considered a mental disorder whereas sleep apnea is a respiratory condition. However, insomnia is often seen as a symptom or sign of possible sleep apnea, but sleep apnea cannot be diagnosed without an actual sleep study confirming it. In your case, it's already been conceded that you had difficulty sleeping in service. Now what you need to prove is that that difficulty sleeping was actually a manifestation of your sleep apnea. That can be a little difficult to prove conclusively without a sleep study during service, especially as insomnia can be caused by a wide variety of underlying conditions. At this point, if you feel that your sleep apnea is related to your military service, file a claim as soon as you can. Like today if possible, as this will preserve your date of claim for the effective date. Then, begin gathering evidence supporting that your sleep apnea began during service, such as a statement from your doctor indicating their opinion that insomnia during your service at least as likely as not represented sleep apnea (and make him give you a rationale for that opinion), get statements from others who slept with you, bunk mates, your spouse, or whatever detailing their observations regarding symptoms that you believe represented sleep apnea during your service. Now if the evidence is sufficient to support a finding of service connection, it would likely be assigned likely either a 30% evaluation if you experience daytime hypersomnolence, or a 50% evaluation if you have to use a breathing assistance device such as CPAP. If it were service connected, I would guess it would likely be combined with your insomnia and you'd likely end up with either a 40 or 60% evaluation overall depending on the severity of your sleep apnea. Just one word of caution though, service connection is not a guarantee with an initial diagnosis of sleep apnea this far out of service. Getting that supporting evidence will really go a long way in helping to get the benefits you're entitled to.
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Aug 6, 2013 22:10
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RichieHimself posted:Do vets with 50% or higher service connected poo poo not have to pay anything for VA care at all? I know the VA site says 50% or higher = no copays but I'm not sure if that covers routine check ups and whatnot. They shouldn't. But it may depend a lot on your local facility's capabilities. I'm 30% and no one's ever asked me for money.
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Nov 1, 2013 02:34
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YeOldeCripple posted:I've got a question/need for advice, I have talked to a state vet rep and a rep from the group USAVET(I think that is the name) and both times I just got told to 'deal with it' until I get worse. There are a few options you can pursue depending upon your circumstances: 1: When did you receive notice that they were going to reduce you from 70% combined to 40%? Your constitutional right to due process is to receive notification of the proposed action before they make anything final. If you just barely received that notice, go ahead and challenge it. Secondly, if you are within a year of the date they notified you of your reduction, write to VA and tell them that you disagree with the decision. This will start the appeal going and hopefully at the very least get you a new examination. 2: If it's been more than a year since your last examination, go ahead and put in for an increased evaluation. As your conditions progress and get worse, or improve, you could warrant a higher evaluation. But If I were in your position, I would try to avoid leaving it up to some doctor who's never met you. Talk to your doctor and ask if they'd be willing to complete the VA disability benefits questionnaire (DBQ) form for the thoracolumbar spine. This is the same form as used by VA examiners, but can be filled out by a medical professional of your choosing. It's pretty much a physical examination, so it wouldn't take much more than an office visit. Not only would this allow your claim to be completed more quickly, as VA would not have to set up an examination for you, but you would be better able to trust in the veracity of the information as it's from someone who understands your condition. 3: You mentioned that you experience pain in your hips and knees which your doctor attributes to your back condition. VA will pay compensation for disabilities which are caused or aggravated as a result of a service connected disability. I would recommend possibly filing a claim for your hips and knees as secondary to your back as well. If you can get your doctor to write a letter on your behalf stating that they believe your hip and knee conditions are at least as likely as not related to your back condition, as well as providing a supporting rationale, then the odds would be much more in your favor of receiving compensation for these disabilities. 4: You appear to have difficulties in your employment as a result of your disability. You may hear from some of your veteran colleagues about "individual unemployability" which would allow you to receive compensation at the 100 percent rate if your disabilities render you "unable to secure or follow a substantially gainful occupation." I noticed that your previous employment was physical in nature. Unfortunately, unless you would be able to demonstrate that you could not follow sedentary employment due to your conditions, this additional benefit likely will not be granted, but you'll never know unless you try. If you pursue this route, be sure to fill out and file a VA form 21-8940 "Application for Increased Compensation Based on Individual Unemployability", otherwise your claim will be denied outright. 5: On the employment front, have you pursued additional education or vocational training through VA? In addition to the GI bill, VA also offers Vocational Rehabilitation services for disabled veterans with an employment handicap. Provided that you are eligible, this may allow you to pursue further education or training towards suitable employment, in addition to a monthly stipend on top of your compensation during any such training. I hope this helps in your situation. While it seems like a pretty confusing system, VA does a lot of good for a lot of people. A lot of us have been through the system or work in it, so don't be afraid to ask!
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Nov 8, 2013 03:31
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Sacrilage posted:So I've been creeping the thread for a while, and since I am getting out this upcoming June, I figured I would poll you guys for some advice on things I should do BEFORE I get out. It sounds like you're in a pretty good position as your disabilities have all been documented while you're still on active duty. At this point, your best bet is to wait until around January or so and then file a claim under the Benefits Delivery at Discharge program. You'll likely have an opportunity to do this when you go through DTAP, but if not, get in touch the VA military service coordinator at your duty station and they can get the ball rolling. One thing to note from what you've mentioned is that VA has very particular standards for when they will grant service connection for hearing loss. What may constitute hearing loss for treatment or profile purposes may not represent hearing loss of a severity sufficient to be considered a disability for VA purposes. so just because it's been shown during service in your case, doesn't guarantee service connection, at least at this particular point in time. I'm not trying to discourage you of course, as you should feel free to file a claim for any condition bothering you, but I just wanted to make sure you were aware. Additionally, if you're looking to move on to school or federal employment following discharge, look into getting the ball rolling on vocational rehabilitation or your civil service veteran's preference before you leave service. Both of these can be used while you're in the process of being discharged. Oh, and one more very important thing. When you file your claim, VA will set you up for an examination. GO TO THIS EXAMINATION. If you're on terminal leave and you've moved back home, make sure they're aware of that fact. Missing this examination may result in your claim being denied.
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Nov 10, 2013 20:49
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dennis4167 posted:Can the VA lower or take away your disability rating if on your letter you recieved from VA says "incurred static" regarding your disability? Yes. VA is allowed to evaluate disabilities based upon the actual severity of the disability unless it's been evaluated that way for 20+ years. So let's say for example you managed to get a 40% evaluation for your back condition when you got out last year and they determined it was static, but you think your back hurts more and now you want more compensation. Your new examination shows only a 20 percent evaluation is warranted. Well, now VA is allowed to reduce your evaluation based on that information. The only thing a "static" decision does is say that VA is not going to call you back in in five years to see if your condition got better. It doesn't mean they can't touch it, just that they won't touch it until you ask them to.
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Dec 3, 2014 03:00
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McNally posted:Welp, I was wrong. I didn't get 0%. Out of interest, why did they deny you? The main reasons I see disabilities denied is either 1: they weren't seen for it in service, or 2: there's no evidence that it's related to service. If it's the first, VA recognizes that that you're not going to the BAS everytime you get an owie. If you mentioned it to anyone while you were in or saw a doctor off base, that would usually be enough to get over that hurdle. if it's the second and you were seen during service, but maybe you don't like going to the doctor, first write a quick statement about your injury and your current symptoms something like "I fell off my jungle gym and hurt my shoulder while I was in army. My shoulder still hurts, but I'm afraid of doctors." Or alternatively you can have your current doctor write a quick letter indicating that your current disability is related to an event in service, something like "Mr. McNally hurt his shoulder while bowling in 20XX. I believe his current acromioclavicular joint osteoarthritis is related to this injury." No denial is insurmountable if you have a legitimate claim, it's usually just a matter of doing some leg work to get the evidence together.
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Dec 19, 2014 04:51
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bulletsponge13 posted:Does anyone have experience with the VA caregiver credit thing? There's two different benefits to pursue: The first is the actual caregiver program, which is run through the VA medical centers. I don't know too much about the program, but essentially they can provide support and, I believe, some monetary recompense for a caregiver, whether that be a spouse, parent, child, etc. I'd recommend talking to your VA physician about this program. More information can be found at: http://www.caregiver.va.gov/ The other benefits is special monthly compensation based on aid and attendance, which provides an additional amount in on top of your compensation in order to pay for care provided by another person. The requirements for this benefit is that you have 1: a single service connected disability evaluated as 100 percent disabling, and 2: that you be so helpless as a result o service connected disabilities that you require the aid and attendance of another person in performing the activities of daily living. It's a fairly difficult benefit to get unless you are really severely crippled and disabled or (usually) really old. The Brady bill comes into play anytime that VA receives evidence of incompetence, which is defined as being unable to manage your affairs in your own best interest as a result of a mental or physical defect. Usually at the most, VA will propose to declare you incompetent based on maybe a single finding that you can't manage your funds and the Brady limitation may be proposed, but if you're able to demonstrate that you're able to take care of yourself and your money, then it shouldn't be finalized and there wouldn't be any limitation on your rights.
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Apr 27, 2015 23:18
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dougdrums posted:I First off, yes, you do want to stay on TDRL and then get on PDRL as you'll be able to base privileges (whatever) and Tricare. Combined with private insurance through work, it means usually 100% of your healthcare is covered. Severance pay is only a one time thing, and VA will withhold compensation until that amount is recouped, so it's not a net benefit in the long run. With TDRL it's a five year process with examinations at 18 month intervals. They will usually send you a letter telling you where and when to report. For whatever stupid reason they kept sending me to the Air Force Academy, which was 1000 miles away, rather than Hill AFB, which is about a 30 minute drive, but hopefully they'll send you somewhere nearer to your home. If you have to travel, you'll at least get mileage out of it. Unlike the med board process, when you went through the Integrated Disability Evaluation System for both VA and DOD, these re-examinations are solely for DOD purposes to determine whether or not to keep you on TDRL, discharge you with severance pay, or move you to PDRL. Your compensation from VA won't be affected, but if stuff has gotten worse, you can always use those examinations to support an increase. DoD should be using the same criteria as VA in evaluating disabilities, so the same rules for VA exams applies. I'm not certain, but I think the cut off for PDRL is 30%. Oh, and if your service treatment records are missing, you may be able to get a copy of them at your nearest MTF. Everything from about the last 7 years has been stored electronically in AHLTA, so they may be able to just print you out a copy.
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Jul 23, 2015 03:03
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Bogarts posted:Does the VA actually look into disability rating appeals or should I not bother? After a year I got my decision letter back saying that my condition is service connected but doesn't warrant a rating(I've basically lost most of my central vision in one eye and have no depth perception/and a bunch of other crap with the eye) ? I filed through a county veteran office last time but literally never heard anything from them after they filed so I still have no idea how any of this crap works. Eyes are difficult disabilities for which to get a compensable evaluation as you need to demonstrate a fairly significant level of impairment. VA also uses a lot antiquated language and terminology that doesn't fit 100% with every situation, so a lot of it will depend on what kind of medical evidence can be produced. I would recommend that you first look at the VA schedule for rating eye conditions located here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_179 And then have your eye doctor complete the eye form located here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Appeals additionally tend to take longer as they are more involved and the regional office has to make absolutely certain that they can't grant before the claim is sent to the board of Veterans Appeals. Providing your own medical evidence support your claim and avoiding the need to have VA get an examination not only saves a lot of time, but also ensures that you know what's being considered in your claim.
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Aug 25, 2015 21:02
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