Thursday, July 29, 2010.

One Veterans Fight Against the Veterans Administration Beast

February 2, 2008 posted by John Allen · 13 Comments 

The Beast U.S. Federal GovernmentFighting the VA Compared to Fighting Between David and Goliath

One Man’s Fight Againt the Veterans Administration Beast

by Rick Thorne

Fighting the VA could be compared to the story of David and Goliath in the bible. The only difference is David (meaning you and I) rarely win the battle. In 1987 I filed for VA help and was turned down. I was told I wasn’t disabled enough to receive help. Once again I’m fighting the VA for help and it’s a real eye opener. The only reason why I’m receiving medical help now is I’ve been out of work for 13 months. I’ve been rated a Priority 5 because I’m unable to work.

This ruling doesn’t take into account the nervous breakdown I was discharged for from the Navy in 1969 and the second one I had in the early 1980’s. During that time I had electro-shock therapy and I broke my feet and back from a fall while in the hospital. Currently I have severe memory lapses (from the electro-shock treatments) and arthritis in my back and legs. 

     

Recently the American Legion informed me I had 3 years after my discharge to protest my Priority 5 rating and after 10 years the VA ruling would become final. Guess what! The Va never informed me of this when they gave me my final examination saying I was cured. That’s just their way of relieving themselves of having to rate me with a disability. I realize now the VA has all sorts of dirty little tricks to escape their responsibility of helping soldiers in need.

I truly believe it’s an unwritten law board members are told to not grant disability except under the most extreme conditions. By the way, there’s no time limit in deciding on a VETS condition. Some VETS have waited years for an appeal ruling. We all know the reason why one can’t obtain full Social Security or Va pension until he or she reaches the age of 65. The government is hoping most of us will be dead by the age 65 or shortly thereafter so they won’t have to pay out the money. Really! What it comes down to is screwing people like you and I so the government can save money in the long run. Do you really think the government gives a damn about its Vets? If that were true 600,000 pending cases would have already been decided.

The different priority groups are listed below:
PRIORITY 1:
  • Veterans with service-connected disabilities rated 50% or more disabling
  • Veterans determined by the VA to be unemployable due to service-connected conditions
PRIORITY 2:
  • Veterans with service-connected disabilities rated 30% or 40% disabling
PRIORITY 3:
  • Veterans who are former POW’S
  • Veterans awarded the Purple Heart
  • Veterans whose discharge was for a disability that was incurred or aggravated in the line of duty
  • Veterans with service-connected disabilities rated 10% or 20% disabling
  • Veterans awarded special eligibility classification under Title 38, U.S.C Section 1151,”benefits for individuals disabled by treatment or vocational rehabilitation
PRIORITY 4:
  • Veterans who are receiving aid and attendance or housebound benefits
  • Veterans who have been determined by VA to be catastrophically disabled
PRIORITY 5:
  • Non service-connected veterans and noncompensable service-connected veterans rated 0% disabled whose annual income and net worth are below the established VA Means Test thresholds
  • Veterans receiving VA pension benefits
  • Veterans eligible for Medicaid benefits
PRIORITY 6:
  • World War 1 veterans
  • Mexican Border War veterans
  • Compassable 0% service-connected veterans
  • Exposure to herbicides while serving in Vietnam
  • Exposure to ionizing radiation during atmosphere testing or during the occupation of Hiroshima and Nagasaki
  • Service in the Gulf War
  • Illness possibly related to participation in Project 112/SHAD
  • Service in combat in a war after the Gulf War or during a period of hostility after November 11, 1998 are eligible for VA health care for two years following discharge from military service for combat related conditions
PRIORITY 7:
  • Non service-connected veterans and non-compensable, zero percent service-connected veterans with household income as/or net worth above the VA National income threshold, but whose household income is below the geographic ally-based income threshold for their resident location
  • Sub priority a: Noncompsable 0% service-connected veterans who were enrolled in the VA Health Care System on a specified date and who have remained enrolled since that date
  • Sub priority c: Non service-connected veterans who were enrolled in the VA Health Care System on a specified date and who have remained enrolled since that date
  • Sub priority e: Noncompensable 0% service-connected veterans not included in Sub priority a above
  • Sub priority g: Non service-connected veterans not included in Sub priority c above
PRIORITY 8:
  • Veterans who agree to pay specified copayments with income and/or net worth above the VA Means Test threshold and the HUD geographic index
  • Sub priority a: Noncompensable 0% service-connected veterans enrolled as of January 16,2003 and who have remained enrolled since that date
  • Sub priority c: Non service-connected veterans enrolled as of January 16, 2003 and who have remained enrolled since that date
  • Sub priority e: Noncompensable 0% service connected veterans applying for enrollment after January 16, 2003
  • Sub priority g: Non service-connected veterans applying for enrollment after January 16, 2003
ADDITIONAL INFO:

The term SERVICE-CONNECTED means, with respect to a condition or disability, that the VA has determined that the condition or disability was incurred in or aggravated by military service. Some veterans may have to agree to pay copayments to be placed in certain priority groups.

NOTE: A veteran having income “below the geographically-based income threshold for their resident location” is not enough to place the veteran in a “GMT copay required” status. The GMT threshold must be above the VA National income threshold for this to apply

There you have it! This information came straight from the DVA HEALTH CARE FACT SHEET JANUARY 2006. First of all, it would take a smart attorney to figure out all the twists and turns under these fragmented Priority groups. The groups are deliberately designed this way to confuse the smartest of people. If you haven’t noticed by now all government documents are designed to leave one totally bewildered. How in the world could anyone decide who goes where in these strange groups. Sure! The medical records should tell the story but do they?

Remember! The VA decides whose placed where at their own discretion. The Va medical board deny as many VETS as possible to save MONEY. Your elected officials can’t do much other than try and speed up your claim. They have no affect on the decisions the board comes to when a case is decided upon. In the meantime you’ve probably lost you car, home and your life savings waiting for a decision that may or may not be ruled in your favor.

So what can we do about it? Not much unfortunately. The political system is designed to delay and frustrate people like you and I. If legislation is designed to help us fight for our rights it’s usually bogged down in various committees where they rip it apart in the end. We have a fine example of this going on now with the federal rebate checks. The legislation is being redesigned so our elected officials can include more people thus  reducing the amount of money needy Americans will receive in the end.

I don’t know about you but those people earning over 150.000 shouldn’t receive any money. If they can’t live under their means that’s their problem not ours. Don’t kid yourself! Most of us will use the money for food and rent because times are tuff right now. Americans earning under $25,000 shouldn’t have to pay income taxes. They’re Barely getting by as it is. The only way we can change this unfortunate situation is to get the media involved. Our frustrated concerns will then be heard by all in government.

About the Author: Rick Thorne can be reached at  rthorne2@mac.com
  • Share/Bookmark

Comments

13 Responses to “One Veterans Fight Against the Veterans Administration Beast”
  1. Disabisbled Veteran AWD says:

    I agrre with you on all apsect, I have been appealing and fighting with the VA now for over 6 years, though I am already rated at 60% serviced connected, the others disorders that have developed as a direct expoure to toxins and experimental vaccines administred during my Term of Service 83-93, has been pending and remanded back to them for basically being inept and basically not doing their due diligence. I have involved my congressman, Senators and have the DAV representing me and they are still sitting on my records with no end in site, even though an appellate court remanded my case to them an stated do your job and do it quickly, but I guess that is all relative.
    Still waiting and I refuse on principal

    • robert martinez says:

      dear veteran, as you are already rated at 60%service con. u must request a new c-p
      7 exam. if the current doctor you see at the va clinic is not in your favour – reqest a change of doctors- include in your notice of disagreement why yoiu know the va is incorrect in denying you increase in disability rating.continue to appeal the va decisions until you are rated to the higher percentage in disability – do not give up

  2. kabika58@verizon.net says:

    I appiled in 2004 for a IU Rating as suggested by a VA staff member, didnt get it, got a pension instead with a Non Sevice Rating of 60% overall, been appealing this since then, they are dragging their feet, stated they never got letters/records I sent to the Bay Pines Office in FL. Have had Sen.s involved as well as the DAV, now the latest is I have to wait another 2 more years for an appeal that makes filing 2004 possible decision 2011. NICE!!! @ Honarble Discharges and I get $30.00 a day to live on in a porch on a couch with no heat or AC. SO frustrated with the DAV, VA and everybody…4 Suicidal atempts, to bad I wasnt lucky on 1. HOME BUT WOUNDED!!!

  3. Michael says:

    I also have been fighting with the VA. I have 30% for my back and knee. I have been denied PTSD because Afghanistan was not a hostal enviroment. I have been denied hearing loss even though I need a waiver to work for the Federal Government because my hearing is so bad but VA says it is excellant. My latest mri has proved that my back is getting worse but still no change has been made to my rating. When I submitted my appeal paperwork it was sent back to me stating it was fille dout wrong so I brought it to them and they filled it out for me then a week later I got a letter in the mail saying it was again filled out wrong and that I missed the deadline. I have given them proof with dates, names of witnesses still in the army, letters, records, doctors records and notes but I still get letters saying that they still need more. I really dont understand what is going on. I am more stressed dealing with these clowns than I would be getting shot at on a daily basis back in Afghanistan. I would welcome that in return for a break from the VA. The people that are making most of the denial decisions have never served and I know this for a fact because I went to my local compensation department for my state and there was only one person that had served the rest were just ordinary people with one thing on their mind, getting paid every 2 weeks.

  4. Virgil Bedwell says:

    I have been fighting the VA for over 40 years. The Chicago, Illinois Regional Office is the worst! No matter what you file for they deny your claim and you have to appeal and appeal and appeal. Once the Board gets the claim they immediately allow the claim. The VA say the Chicago office is backlogged. Well if they would do the claim right to begin with they wouldn’t be so backlogged! Illinois is one of the lowest ranked states for disabled vets and that is because the Chicago VA Regional Office continually jacks the vets around until they either get so discouraged they quit filing and appealing or until the vet dies. I truly think that is what they want; the vet to die! Then they would not have to deal with the claim. It is also a known fact that the claims adjudicators have no medical knowledge and are very under trained in their jobs! Yet nothing is ever done!

  5. Conrado Delacruz says:

    It took me ten years plus fighting the VA and I was so upset that I started a web sit fight the VA.com Now I am told I can not put certian things on it cause I am selling services. I just want to tell you what it took me to get a diability, even thought there are some very blunt letters I WROTE THE VA INCLUDING ALL OUT SIDE VA EVALUATIONS. I FEEL I AM DEAD IN THE WATER. THE FELLOW, SINCE HE GOT THE DOMAIN NAME FIGHT THE VA.COM STATED I could not do what I wanted. conradod@msn.com What do you think !!

  6. Conrado Delacruz says:

    I am working on a web sit called fighttheva.com and I need permission to use some of my vets examples on it. I fought the va over ten years, I am a Vietnam Veteran and it was a battle. I am telling it all as to what it took to win the battle. I got a bad taste for the VA. Even some of there services are bad. My brother in law had them do a Hernia operation and the screwed up and cut one of his Testicles and he went back (threw a Veterans Officer) and filed a claim he was denied any compensation. He was told he sighed his rights away before the operation. We fought, We cried and some died, We deserve better and so do our brothers that are coming back. Conradod@msn.com Vietnam 1968-1970.

    • robert martinez says:

      DEAR VIET NAM VET BROTHER -WELCOME HOME- CONTINUE TO REQUEST A VA COMP-PEN- EXAM – REWRITE YOUIR STRESSOR LETTERS – CHANGE DOCTORS – UNTIL U GET WHAT U DESERVE 100% COMP. DO NOT GIVE UP JOIN THE DAv- do not threaten the va – be cordial tuo them – whic is hard to do – they dont care – but keep on with the nod and streesor letters wear your medals and ribbons to the next va exam.

    • robert martinez says:

      DEAR VIET NAM VET BROTHER -WELCOME HOME- CONTINUE TO REQUEST A VA COMP-PEN- EXAM – REWRITE YOUIR STRESSOR LETTERS – CHANGE DOCTORS – UNTIL U GET WHAT U DESERVE 100% COMP. DO NOT GIVE UP JOIN THE DAv- do not threaten the va – be cordial tuo them – whic is hard to do – they dont care – but keep on with the nod and streesor letters wear your medals and ribbons to the next va exam.

    • robert martinez says:

      DEAR VIET NAM VET BROTHER -WELCOME HOME- CONTINUE TO REQUEST A VA COMP-PEN- EXAM – REWRITE YOUIR STRESSOR LETTERS – CHANGE DOCTORS – UNTIL U GET WHAT U DESERVE 100% COMP. DO NOT GIVE UP JOIN THE DAv- do not threaten the va – be cordial tuo them – whic is hard to do – they dont care – but keep on with the nod and streesor letters wear your medals and ribbons to the next va exam.

  7. Vicki Willis says:

    Hello, I can say I have been in a battle with the VA since 1976. It took 23 years to get adjudication on my case. The Director at Bay Pines lied to me. I still have the letters. I went to the law library anf looked up the laws myself. Everytime they stated a law I looked it up. Seems the Director twisted it to fit my case. I finally won. But it is a never ending trial. The health care system is unfit to serve us. Waiting…my teeth needed to come out…I am a diabetic…I will skip the gross parts…Made me wait 3 months to take all out…now making me wait for dentures…Great weight loss program…I really needed to loss 20 pounds…Just don’t take anything the va says as law….they will lie to you. I am now 70/30…But don’t think I went to the head of the line….we are all trash and pains to these slow azz working people. Next time remind them without us Veterans they would have no jobs…Bless those who still fight..Vicki

  8. Teresa says:

    My father is a Vietnam Viet, he served in the Navy–spent time on the USS Oriskany in 68-69 and found out that he was unknowingly apart of project SHAD. He was diagnosed with Alzimers and had diabetes for the past 6 years. He was receiving disability through the state of New Jersey and filed a claim with the VA for federal disability. The VA has denied his claim 3 times–each time the have told him that they cannot find enough evidence to tie his diseases with his service time! My father was stressed and depressed because of how they have treated him and it was because of the VA, my Dad had a fatal heart attack and passed on 2/6–my brother and I continue with my Dad’s fight against the VA–if anyone has any suggestions, PLEASE let me know.

    Teresa

Quick Links: Mesothelioma - Mesothelioma Treatment - Army Loans
Important Information for Veterans: Asbestos products were often used on military ships and within military housing, and Veterans may have been exposed. Previous exposure to asbestos is the only known cause of mesothelioma, a fatal cancer that has no cure and affects countless Veterans and loved ones. For more information regarding military asbestos exposure visit Mesothelioma.com
Member of the Veterans Business Directory