I have to rant!

Discussion in 'VA Procedures' started by Disabled-at-27, Jul 23, 2007.

  1. Disabled-at-27

    Disabled-at-27 New Member

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    I dont have any "Good" info just the normal crappy service the va provide here but I need to rant right now. Open claim for over a year, three different diagnosis by the VA which were all wrong, havent worked because I hurt too much with any activity over about 30 min. Im now homeless due to not working and have no transportation. I use the VA doctors and they are quick to give me meds that dont work based on no diagnosis but wont give me meds that do work without a diagnosis. The whole VA system sucks, stuff gets lost, ratings are never what they are supposed to be and waiting on help takes forever. There is nothing in the VA system that works even half a$$ and it will always be that way. The backlog is horrible because of the war and the wont increse staff enough to help out but the Government will increse staff to expedite the Passport process so people dont have to wait. It all shows that all us Veterans must wait for the people out there that want to go on vacation in another country to get helped faster than us. I wish we could have a rally at the VA Regional Offices and demand help. There is no excuse for any vet to have to wait years for something they DESERVE. You read on other forums of soliders getting 100% within a year of being out for stuff but others wait 10 years after they are out for the same stuff, this all isnt right. Well I have Ranted enough I guess.
  2. TinCanMan

    TinCanMan Active Member

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    I don't know why you don't have a diagnosis. Perhaps the doctors simply don't know what's wrong and they treat the symptoms until they figure it out. We talk about medical science but occasionally, doctors are little more than tribal medicine men or witch doctors. I'd recommend you get a copy of all your treatment records and see just what they say. You can get everything excepting psychritrac records under the freedom of information act. Call ot go yo the VAMC with your records and present a completed VHA Form 10-5345 to the "Release of Information Office".

    You probably need to start thinking about shelter. I'd suggest you contact Lutheran Social Services, Catholic Charities or Salvation Army for housing assistance.
  3. chessmaster315

    chessmaster315 New Member

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    Try the following link guy:
    http://www1.va.gov/homeless/page.cfm?pg=2
    I was nearly homeless myself..avoided it, however, without help from the VA. They did, however, reposses my home while waiting 5 years 2 months on the Cleveland Regional Office, who has yet to make a decision on my initial claim for TDIU.
    Also, I dont know where you live, but in Ohio the Cleveland Regional Office is so bad and famous for delaying and denying Vets claims, there is a COUNTY VETERANS Service organization (in Montgomery County, Ohio) that helps Vets such as yourself. You have to prove need, and that you are a resident of the county. They can and do make utility payments, give vouchers for food, or even rent, especially if you have eviction or utility cutoff notices.
    What a sad situation. You might try moving to New Mexico, where Veterans are compensated the highest in the nation..over $5000 per year more than Ohio Vets. Good luck. Im pulling for you.
    By the way, Tin Can, my answer provided THIS VET more help than yours in spite of you saying that I "help no one".
  4. Vike17

    Vike17 Member

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    If a veteran is in finacial difficulty due to the long wait periods of VA deciding their claim, they can and should write their regional office requesting that they expadite their claim due financial hardship. Simply attach a copy of the forclosure notice or eviction notice to the letter and VA will expadite their claim!

    The same goes for a claimed disability that is terminal! Simply write the RO a letter asking them to expadite their claim due to being diagnosed with a terminal illness! Simply attach a note from a doctor showing that the disability is terminal and VA will expadite the claim!

    Vike 17
  5. TinCanMan

    TinCanMan Active Member

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    Only in you imagination. This man doesn't ask for help and he doesn't say he lives in ohio. Catholic Charities and Lutheran Services operate nationwide and provide help to people who are homeless now. It's a more realistic approach than whining about moving to new mexico. You haven't helped anyone but yourself and that requires a stretch of the imagination.

    Claims for TDIU are a relatively simple process and take a minimum of time. All you need is a one current service connected disability @ 40% with others combining to 70% .OR. a single SC disability @60% .AND. a doctor's opinion that you are unable to work because of your service connected disabilities. If you meet the criteria, your claim can be awarded in short order, if you don't, it ain't gonna happen no matter how much you whine about it. Curiously you never provide details about your claim which might be used to help you. Must be one of those secret denials you tell us about, eh? I'm beginning to wonder if you are even a veteran because you are so ill informed about veterans interests. Tell us, what did you claim and what are your current Service Connected conditions?

    If you took the time to learn about the VA claim process, rather than whine uselessly about the VA, you might be able to help one of those ohio vets. ...but first, you have to learn to help yourself. Somehow I don't think that's gonna happen.
  6. chessmaster315

    chessmaster315 New Member

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    You said,

    Claims for TDIU are a relatively simple process and take a minimum of time.

    I say..This is not true, and conflicts with numerous government reports. If this "process" were so simple and quick, why is this website even necessary?
    VA claims take an average of AT LEAST 177 days, currently, and that is an unacceptable average and EVEN THAT ONLY HAPPENS when the claim is approved the FIRST TIME with zero appeals and zero applications for an increase, which is very rare to get 100% (TDIU) the first time because it often involves multiple claims, even approved claims have to be appealed anyway, because it is NOT at 100%.
    Maybe you think six months is acceptable under ideal conditions for SOMEONE else to get compensated, but my guess is that if your check was 6 months late you would be mad as a wet hen.
    Now, we can stop talking ideal conditions, and start talking reality..and unless you live in a state with almost no backed up claims, you have a better chance at winning the lottery than getting your claim done in 6 months.
    Mine has gone on 5 years 2 months, and has been ANYTHING but simple, requiring (so far, and it is far from done) 3 seperate Regional Office Decisions, 1 BVA Appeal, 3 C & P exams, include at least 2 sets of documents that were lost and had to be resent, and 2 different Regional Offices because one was backed up and sent my claim to another regional office. Note that my appeal was successful and awarded me a "full grant of benefit sought". EVEN WITH A SUCCESSFUL APPEAL, The Cleveland RO failed to implement the BVA mandate and erroneously treated my appeal as a remand, when it was a full grant, through 2 seperate Regional Office Decisions. I am waiting a FOURTH Regional Office Decision to implement mistakes made on the first 3 RO decisions. I pity the poor people who move several times and their claim is sent to a half dozen regional offices. And my claim is not the exception..I just spoke with another Vet who applied 10 years ago and recently got his decision. You make it sound simple and quick like going and getting an ice cream cone.
  7. mike brown

    mike brown New Member

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    I agree 6 months is unacceptable

    When people disagree with a post, sometimes they attack the person instead of looking for a solution! Ive done it and see the error of that method. I now ignore the naysayers.(mostly)... IMHO i dont know anyone(maybe 1) who thinks 6 months with no disagreement on the merits of a claim, is acceptable! I suppose government workers do but probably not if its their claim! When someone has a disease or is unable to work because of a disability that wait can seem like a life time, and sometimes IS. When a veteran complains on this site, i think we owe him the respect to try to help him, not disrespect him and point him to catholic relief or whatever! COMEON!:confused:
  8. chessmaster315

    chessmaster315 New Member

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    Thank you, Mike. I appreciate your comments.
  9. TinCanMan

    TinCanMan Active Member

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    Because folks don't understand the process and don't seek help from a SO. You are a prime example of that. In addition to your lack of knowledge of the claims process and the statutory requirements, you have a profound inability to comp rend the written word. You said you had a TDIU claim running 5+ years and that's what I responded to. TDIU claims .ARE. simple and straight forward. You only need to be "currently" service connected at the required level and have a doctor opine that despite the fact you are not 100% disabled based on the VASRD, you are unable to work. The VA can then award you TDIU (Totally Disabled but Individually Unemployable) and and compensate you at the 100% rate anyway. You just decided your goal was 100% and nothing else would be suitable. Had nothing to do with what the statutes and regulations required. You already had a decision, probably in short order. You just didn't like it, but it may have been what the law allowed at the time. If I knew exactly what you claimed and when as well as viewed the evidence presented at every stage I could easily point that out to you. You never seem to post details, just platitudes and generalities coupled with the big whine. Somehow, I suspect your claims were poorly developed and you just expected the VA to roll over and puke up the gelt on your say so. That's not the way it works. Congress insists you prove your claim and I fully support that.

    Precisely, this isn't a single claim for TDIU. What did you claim and when? What evidence did you submit to support your claim? And what did the VA say about each in their decision paper.

    Personally, I have a very tough time believing anything you say. You don't exactly evoke confidence and trust based on your performance here. Post your BVA citation number and I'll get a copy from the BVA and decide for myself if it is a full grant or not.

    A claim is relatively simple provided you meet the statutory requirements and can provide the necessary evidence. Since the enactment of VCAA in 2000, the VA has a duty to assist the veteran locate the evidence for his claim. It doesn't have the duty to persist till hell freezes over and it doesn't have the duty to manufacture evidence where none is forthcoming. Congress wrote the statutes requiring the veteran prove his claim. I whole heartedly support that.

    I don't find it surprising your claim too over 5 years. From what you presented here, you had a preconceived notion of what level of compensated you wanted despite the facts and persisted till your condition worsened to meet your needs. The other alternative is you continued to appeal till you got a new decisionmaker at the BVA that granted your award despite the law. That may help to explain why the RO doesn't give you what you seem to think the decision calls for. Post the citation number so we can evaluate that for ourselves.
  10. TinCanMan

    TinCanMan Active Member

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    Chessmaster:

    You sent me a PM disclosing the docket number of your BVA appeal and I looked it over and told you what I thought. You asked me not to publish it in this forum and I planned on honoring that request but I find you have published it in another forum. Since it is now available publicly I feel no further obligation to continue withholding it. I am therefor publishing a link to the appeal decision. You also reveal in another forum you are already service connected at 40%.

    You whined and complained in this forum how the VA has been screwing veterans and held your 5 year experience out as an example of the VA taking too long and as a direct result caused you to lose your home. I find your understanding of the issues abysmally lacking and if you are any example of Ohio veterans, I no longer have any doubt why the average take in Ohio might be less than elsewhere.

    In looking over your decision I believe you lucked out and finally found either a sympathetic decision maker or one that simply made a rookie mistake. Yup, that's right folks, the VA often makes mistakes in the veterans favor but I've never once heard a vet complain about it.

    Your sole complaint in the appeal is for loss of hearing and while you get service connection on that issue the BVA returned the decision to the RO to determine the award. Guess what it's determined to be 0% and you are one pissed off customer. The RO didn't ignore the BVA decision, I suspect they evaluated your audiological results and determined your loss met the criteria in the VASRD for 0%.

    I've told you numerous times the most likely reasons any particular veteran finally succeeds after lengthy appeals is either he found a sympathetic decision maker or one that simply made a mistake. As it turns out, I think that is exactly the case here. Now how about publishing the Reasons and Bases section from that 2002 RO decision.

    Personally, I think the BVA decision maker screwed up in that from the citation the the decision maker relied on the audiologist and or technician opinion that he believed your testimony that your service at NTC San Diego being in the flight path of an airport and your service working in a "noisy" computer room caused your loss of hearing. You also say in another forum you are thinking of hiring an attorney to appeal the RO award of 0%. I can only encourage you to do just that. In that vein, I hope you get everything you deserve.

    The citation for Chessmasters BVA decision is here: 0401196
  11. TinCanMan

    TinCanMan Active Member

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    Based on the audiological exam results reported in your BVA citation and Table VI from 38 CFR ยง 4.85 you are in Roman Numeral category I. Guess what bunkie? That gets you a big ol goose egg. That's right kiddies 0% and you are so far away from having a compensable hearing loss it ain't funny. The RO was entirely correct in their award. You got the maximum award possible for someone with your level of disability. I suggested in another thread I believed you had a preconceived notion of exactly how disabled you were without any basis in understanding the law. It appears that was so.

    You've wasted 5 years of your time on a wild goose chase and all the time of government employees working to help veterans that could have been better used to help someone that was disabled. You either need to get professional help with those claims or learn the system yourself.

    Take the time you spend reading those media reports of VA mis-doings and try to educate yourself about the claim process. You can start by asking questions and paying attention to the folks that can help you because they have a couple of clues. It's fairly obvious who knows what's going on and who the whiners and kibitzers are. Both show themselves fairly early.

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