Posted on Mar 30, 2023
Why was my claim for benefits for my daughter with a learning disability denied?
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My daughter has a learning disability. She was diagnosed in the Department Of Defense school system in Ludwigsburg, Germany when she was in kindergarten and her diagnosis followed throughout her entire. She was evaluated by a Multidisciplinary including a School Psychologist and other team members when we returned to the USA. She received Special Education service throughout her years in school and graduated from a special program at the age of 22. The multidisciplinary team based her diagnosis of Edcuable Mentally Imparied on the results of an Intelligence Test (IQ Test) and a standardized achievement test (reading, writing, arithmetic.) I provided all of those documents with my claim for dependent benefits. I also provided documentation verifying that my daughter has received Social Security benefits since the age of 10 years old. She continues to receive SS benefits today as an disabled adult. My claim was denied because there was not documentation from a medical doctor diagnosing her disability. Learning disability diagnosis in school age children are made by School Psychologists supported with input from team of professionals based on the results of the tests listed. After her formal education ended she was transferred to our local Community Mental Health center where she was evaluated and treated by the mental health professionals there. I believe that my claim for benefits for my daughter should have been approved based on the information provided above. Can you help me?
Posted >1 y ago
Responses: 3
What benefits were you seeking and what was the reason the VA denied the claim?
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SSG Thelma Williams
My daughter has a learning disability. She was diagnosed in the Department Of Defense school system in Ludwigsburg, Germany when she was in kindergarten and her diagnosis followed throughout her entire. She was evaluated by a Multidisciplinary including a School Psychologist and other team members when we returned to the USA. She received Special Education service throughout her years in school and graduated from a special program at the age of 22. The multidisciplinary team based her diagnosis of Edcuable Mentally Imparied on the results of an Intelligence Test (IQ Test) and a standardized achievement test (reading, writing, arithmetic.) I provided all of those documents with my claim for dependent benefits. I also provided documentation verifying that my daughter has received Social Security benefits since the age of 10 years old. She continues to receive SS benefits today as an disabled adult. My claim was denied because there was not documentation from a medical doctor diagnosing her disability. Learning disability diagnosis in school age children are made by School Psychologists supported with input from team of professionals based on the results of the tests listed. After her formal education ended she was transferred to our local Community Mental Health center where she was evaluated and treated by the mental health professionals there. I believe that my claim for benefits for my daughter should have been approved based on the information provided above. Can you help me?
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Sgt (Join to see)
SSG Thelma Williams - What you provided sounded good to me but I am not a doctor. Can you take your daughter to a medical doctor for a diagnosis of your daughters' disability. With this diagnosis, you could possibly appeal your claim. Have you sought assistance from a veteran organization (VFW, or DAV, etc) Veteran Service Officer (VSO). A VSO would know the correct approach to help with your claim. Good luck!
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SSG Thelma Williams
My daughter has a learning disability. She was diagnosed in the Department Of Defense school system in Ludwigsburg, Germany when she was in kindergarten and her diagnosis followed throughout her entire. She was evaluated by a Multidisciplinary including a School Psychologist and other team members when we returned to the USA. She received Special Education service throughout her years in school and graduated from a special program at the age of 22. The multidisciplinary team based her diagnosis of Edcuable Mentally Imparied on the results of an Intelligence Test (IQ Test) and a standardized achievement test (reading, writing, arithmetic.) I provided all of those documents with my claim for dependent benefits. I also provided documentation verifying that my daughter has received Social Security benefits since the age of 10 years old. She continues to receive SS benefits today as an disabled adult. My claim was denied because there was not documentation from a medical doctor diagnosing her disability. Learning disability diagnosis in school age children are made by School Psychologists supported with input from team of professionals based on the results of the tests listed. After her formal education ended she was transferred to our local Community Mental Health center where she was evaluated and treated by the mental health professionals there. I believe that my claim for benefits for my daughter should have been approved based on the information provided above. Can you help me?
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MSG Thomas Currie
SSG Thelma Williams - Just a hint, copying & pasting the same post over and over when anyone asks a question does not really reinforce your point.
As others have told you, each program has different standards (generally set by the enabling legislation) and requires different documentation. Simply qualifying for one program does not automatically mean you or your daughter qualify for every other program even when the programs are similar.
When your application was denied you should have received a notice stating the specific reasons for the denial. If you did the same thing there that you have been doing here, I'm not at all surprised you haven't make any progress. You can't just keep sending the same package of information and expecting the decision to magically change. READ the reasons your application was denied (the actual reason, not what you paraphrased here) then get someone who understands the process to help you address the specific reasons your application was denied.
As others have told you, each program has different standards (generally set by the enabling legislation) and requires different documentation. Simply qualifying for one program does not automatically mean you or your daughter qualify for every other program even when the programs are similar.
When your application was denied you should have received a notice stating the specific reasons for the denial. If you did the same thing there that you have been doing here, I'm not at all surprised you haven't make any progress. You can't just keep sending the same package of information and expecting the decision to magically change. READ the reasons your application was denied (the actual reason, not what you paraphrased here) then get someone who understands the process to help you address the specific reasons your application was denied.
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SSG Thelma Williams from your responses to SSG Carlos Madden I assume that what you are pursuing is for your daughter to be classified by DoD as a "permanently incapacitated child prior to turning 21". If this is not the case, please elaborate.
The simple fact is that having a learning disability doesn't make her applicable. From DoD's view, it's whether or not your daughter can be self-sufficient.
What is needed is documentation by a medical professional (could be her PCM, a psychologist, etc.) attesting that she will be incapable of self-care as an adult and need lifelong supervision/care.
Again, if this is not the case, please elaborate about the specific benefit you are attempting to get for her.
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* https://download.militaryonesource.mil/12038/MOS/Factsheets/EFMP-Factsheet-Establishing-Permanent-Dependency.pdf
The simple fact is that having a learning disability doesn't make her applicable. From DoD's view, it's whether or not your daughter can be self-sufficient.
What is needed is documentation by a medical professional (could be her PCM, a psychologist, etc.) attesting that she will be incapable of self-care as an adult and need lifelong supervision/care.
Again, if this is not the case, please elaborate about the specific benefit you are attempting to get for her.
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* https://download.militaryonesource.mil/12038/MOS/Factsheets/EFMP-Factsheet-Establishing-Permanent-Dependency.pdf
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