In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
once again, need V.A. advice, please
callktulu
Member Posts: 3,451 ✭✭✭
Long and short of it: I applied for an increase in compensation back in 2009. It was denied; I appealed, they denied again, so I appealed again, and finally it was granted. Overall it took from 2009 to 2013 to get bumped from a 10% rating to a 30% for my neck.
I know that the V.A. does back-pay in some situations. However, when this 30% ewas finally granted, they on;y back paid to the last appeal, which was September of 2012. I always thought that the back-pay was supposed to be from the very beginning. The problem *WAS* there from the beginning when I first applied for an increase from 10%. In fact, I never provided any additional documentation from the original claim. All my appeals were based on the fact that the exams NEVER measured my range of motion (which has decreased), and that decrease in range of motion was why I asked for a bump up in the first place.
So, if the problem was always there from the beginning, should I be paid from the beginning of te process (2009), rather than the last appeal in 2012?
I went to my local VA rep, but he was brand new the job, and didn't know. However, he did say he thought I was right, and he always thought the VA paid all the way back from the first request. I've tried calling the VA, but I can't get through. It's always busy.
EDIT: Sorry, forgot to add that I do have ALL my documentation both to & from the V.A., so at least there's that.
I know that the V.A. does back-pay in some situations. However, when this 30% ewas finally granted, they on;y back paid to the last appeal, which was September of 2012. I always thought that the back-pay was supposed to be from the very beginning. The problem *WAS* there from the beginning when I first applied for an increase from 10%. In fact, I never provided any additional documentation from the original claim. All my appeals were based on the fact that the exams NEVER measured my range of motion (which has decreased), and that decrease in range of motion was why I asked for a bump up in the first place.
So, if the problem was always there from the beginning, should I be paid from the beginning of te process (2009), rather than the last appeal in 2012?
I went to my local VA rep, but he was brand new the job, and didn't know. However, he did say he thought I was right, and he always thought the VA paid all the way back from the first request. I've tried calling the VA, but I can't get through. It's always busy.
EDIT: Sorry, forgot to add that I do have ALL my documentation both to & from the V.A., so at least there's that.
Comments
W.D.
I have heard that PTSD pays better... [;)]
Already get paid for that, too.[8D]
It has been my experience that they should pay you fron the initial date.
W.D.
Same thats what I've always heard.
I honestly believe that diagnosis will become a disqualifier on a form 4473 to buy or own a firearm.
I would be very leery of having PTSD in my files.
I honestly believe that diagnosis will become a disqualifier on a form 4473 to buy or own a firearm.
I won't shed a tear over that
The VBA is who you need to deal with not the VA. You most likely won't get any satisfaction from trying to reach VBA on the phone. Your best bet is to get in touch with a seasoned VSO who is used to dealing with VBA.
Ask around to other Veterans and find a good VSO. Talk to the VFW and DVA, their VSOs are usually top notch and great advocates. It is their job to help with the VBA claims process- use them.
callktulu,
The VBA is who you need to deal with not the VA. You most likely won't get any satisfaction from trying to reach VBA on the phone. Your best bet is to get in touch with a seasoned VSO who is used to dealing with VBA.
Ask around to other Veterans and find a good VSO. Talk to the VFW and DVA, their VSOs are usually top notch and great advocates. It is their job to help with the VBA claims process- use them.
If this doesn't work, get a good attorney who is used to dealing with the VA. If he wins, the VA has to pay him, not you. There are law firms that advertise this service all of the time on TV - at least here in the North East.
quote:Originally posted by wiplash
I have heard that PTSD pays better... [;)]
Already get paid for that, too.[8D]
thats why they wont back date your new rating.
PTSD awards post a red flag in the system. they pay out for it, but aren't happy about it.
my advice is to take what you have rec'd and be happy with the new 30% disability..
and yes, I do disability reviews for the VA. been doing then since 1998.
jmho
tom
I went to a VA doctor in 1998. He couldn't speak English. I left. Havn't been back. Sent tjhe VA a letter stating that I never wanted to be contacted again!
quote:Originally posted by callktulu
quote:Originally posted by wiplash
I have heard that PTSD pays better... [;)]
Already get paid for that, too.[8D]
thats why they wont back date your new rating.
PTSD awards post a red flag in the system. they pay out for it, but aren't happy about it.
my advice is to take what you have rec'd and be happy with the new 30% disability..
and yes, I do disability reviews for the VA. been doing then since 1998.
jmho
tom
I was joking about that. I don't have PTSD. I do have a bad back, though....
I would be very leery of having PTSD in my files.
I honestly believe that diagnosis will become a disqualifier on a form 4473 to buy or own a firearm.
Yes it will. Mental health is going to be in the national database soon and they will start with the VA because there's already a database in place. It will probably be the model for civilians.
My buddy claims PTSD (rightfully so) and has been telling me to get checked. I've shied away for the last four years for this very reason. Now that he sees what's coming, he is getting worried.
quote:Originally posted by Spartacus
quote:Originally posted by callktulu
quote:Originally posted by wiplash
I have heard that PTSD pays better... [;)]
Already get paid for that, too.[8D]
thats why they wont back date your new rating.
PTSD awards post a red flag in the system. they pay out for it, but aren't happy about it.
my advice is to take what you have rec'd and be happy with the new 30% disability..
and yes, I do disability reviews for the VA. been doing then since 1998.
jmho
tom
I was joking about that. I don't have PTSD. I do have a bad back, though....
You could always develop Turrets Syndrome!
That should get you noticed! [;)]
But, I have had excellent health care at the Tucson VA and feel that they have treated me well and fairly in the disability application processes.
I served 2 and 1/2 years in Vietnam with the 1st Marine Division. Machine gunner, M60, by MOS.
The VA pays me for loss of hearing, Agent Orange exposure and related diabetes and PTSD, currently at 70%.
I served 22 years in the USMC and I am not a fat * looking for a free ride as some would like to believe.
The VA process is slow, tough and fair.
Charles.
callktulu,
The VBA is who you need to deal with not the VA. You most likely won't get any satisfaction from trying to reach VBA on the phone. Your best bet is to get in touch with a seasoned VSO who is used to dealing with VBA.
Ask around to other Veterans and find a good VSO. Talk to the VFW and DVA, their VSOs are usually top notch and great advocates. It is their job to help with the VBA claims process- use them.
Thanks for the advice, but you used a lot of terms/acronyms of which I'm not familiar. Can you please clarify for me?[?]
I've been using the DAV (Disabled American Veterans) to represent me for my back issues, and so far have had good results.
I understand that bashing the VA seems to be the current topic of choice.
But, I have had excellent health care at the Tucson VA and feel that they have treated me well and fairly in the disability application processes.
I served 2 and 1/2 years in Vietnam with the 1st Marine Division. Machine gunner, M60, by MOS.
The VA pays me for loss of hearing, Agent Orange exposure and related diabetes and PTSD, currently at 70%.
I served 22 years in the USMC and I am not a fat * looking for a free ride as some would like to believe.
The VA process is slow, tough and fair.
Charles.
I'm sure glad that things worked out for you but from what I have seen, you are a Minority.
For years, I took my Dad to the VA to find out what could be done about his problems. A Doctor would poke, *, draw lots of blood ect... and when they were just getting near to solving the problem... He would get a new Doc. and start the process all over again!
I don't think that I met one person who was happy with the treatment that they were receiving.
For the life of me, I can't understand all of the bitching and moaning on this site about the VA medical system.
I live in NYC and have gotten far better treatment from the VA than I ever got when I was on active duty in the 1950's and 1960's....And not just in Manhattan and Brooklyn, but when I travelled to Baltimore, Charlotte, N.C., and Richmond, Va.
And, although I am not a seer, I will predict that the care the VA gives is going to be much better than that received by most Americans under Obamacare!
quote:Originally posted by JasonV
callktulu,
The VBA is who you need to deal with not the VA. You most likely won't get any satisfaction from trying to reach VBA on the phone. Your best bet is to get in touch with a seasoned VSO who is used to dealing with VBA.
Ask around to other Veterans and find a good VSO. Talk to the VFW and DVA, their VSOs are usually top notch and great advocates. It is their job to help with the VBA claims process- use them.
Thanks for the advice, but you used a lot of terms/acronyms of which I'm not familiar. Can you please clarify for me?[?]
I've been using the DAV (Disabled American Veterans) to represent me for my back issues, and so far have had good results.
Sure
VHA is divided up. VA is medical, VBA is benefits, there is also the cemetery branch
VBA= Veterans Benefits Administration. These folks are in charge of disability benefits and compensation and pension process. This is who you file claims with and also appeals.
This is the organization which has a backlog of a zillion claims. They still have a paper system as compared to the VA who is computerized.
VBA has regional offices. Some regional offices are more timely than others with the process. If your closest VA does not have a VBA regional office on their grounds then they are doing exams for one at another location. If at all possible go to the actual VBA regional office to conduct your claims business with a VSO located there.
VA= Veterans Affairs. The ONLY part VA takes in the disability benefits process is to conduct the actual exam once requested by VBA after the Veteran makes a claim. The exam results are sent back to VBA who makes the determination of disability and the amount.
VSO= Veterans Service Officer. They can work for the county, State, DAV, VFW, American Legion. PVA. They all have them. For the best service get one who has an office and on the grounds of the VBA Regional Office. I have some real horror stories about the county VSOs. They are often way out of touch with VBA and VA current processes and there has been a lot of bad advice given out. I cannot stress how important it is to get an experienced up to date VSO located at a VBA regional office or at least the VA hospital.
Any other questions let me know. I work at a VA hospital and the comp and pension exam office is in my department.
My dad filed in 1948 after coming back from the pacific over a lung infection he contraced on Okinawa, it remained with him til he passed away in 2000, it was the root cause of his death.
He was finally approved 1988 He was a chief petty officer while in
mom still receives benefits @93
40 years... top that.