Posted on Nov 4, 2024
Should I Get a VA Disability Attorney Immediately After I Get Out of Service?
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Posted 20 d ago
Responses: 4
After Over 25 Years Of Trying To Find An Attorney To Do Combat With The VA For Disability, With No Luck ~ As They All Need Us To Already Have A Disability Rating, THEN They'll Proceed To Get It Increased. And I JUST Discovered THIS About 2 - 3 Weeks Ago (Today Is 11/14/2024, ~ So I'm Now Working On Getting My First Rating ~~ But I Keep Getting Transferred From One Place To The Next ~~ So, When I Find Out, I'll Try Letting You Know ~~ Please Do The Same For Me.
OOPS ~~ I'm Back ~~ My Disability Is NOT Service Connected ~ Mine Are CAUSE By The VA.. Started With My First Appointment When I Discovered, As A Vet Having Served: I'm Also Entitled To Receive Medical Benefits. ~ Diagnosed With A Non-Existent Mental Health Condition ~ Bi Polar ~ And Medicated For Such ~ Went Fruit Cakes For Several YEARS ~ Un-diagnosed Liver Infection ~ Doctor Insisted I Wasn't Ill ~ Refuse To Refer For A Physical As HE Couldn't Find Anything Wrong With Me ~~ It Was In My Head ~ Due To Aging ~ Etc, Etc ~ Resulted In Emergency Surgery, 3-4 Days Sort Of A MONTH Hospitalized ~ Came Within Hours Of Death ~ And If Your Disability Is NOT Service Connected ~~
~~Then Things Get A Little Complicated~ (;-+)>~~
OOPS ~~ I'm Back ~~ My Disability Is NOT Service Connected ~ Mine Are CAUSE By The VA.. Started With My First Appointment When I Discovered, As A Vet Having Served: I'm Also Entitled To Receive Medical Benefits. ~ Diagnosed With A Non-Existent Mental Health Condition ~ Bi Polar ~ And Medicated For Such ~ Went Fruit Cakes For Several YEARS ~ Un-diagnosed Liver Infection ~ Doctor Insisted I Wasn't Ill ~ Refuse To Refer For A Physical As HE Couldn't Find Anything Wrong With Me ~~ It Was In My Head ~ Due To Aging ~ Etc, Etc ~ Resulted In Emergency Surgery, 3-4 Days Sort Of A MONTH Hospitalized ~ Came Within Hours Of Death ~ And If Your Disability Is NOT Service Connected ~~
~~Then Things Get A Little Complicated~ (;-+)>~~
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First thing to learn is that the Veterans Health Administration (VHA) and the Veterans Benefits Administration (VBA) although they fall under the same branch DO NOT talk to each other.
I am currently working with my county VSO who I have reservations about. She seems to want to file for the bare minimum and advises I cannot file for some things I know others have filed for and received compensation. I have Tinnitus with dramatic Hearing loss and asked about filing for Migraines, (I am diagnosed for migraines by the VHA) but she says Tinnitus cannot cause migraines. If approved the number of headaches I get, 2 or 3 per month, would qualify for 50%.
Also after my Total Knee Replacement she told me I have to have a Dr statement ending my convalescence. According to the VBAs guidance (38CFR) after a total knee replacement I am entitled to 4 months at 100% then 30% after Phys Therapy. She said she doesn't go my the CFRs and only wanted to file for 2 months at 100% because that is when my PT ended. I told her this time you are going to go by them because that is what they are there for, they define your disability and the rating prescribed.
I am contemplating going to another VSO next time I go to the VA Med Center downtown.
I am currently working with my county VSO who I have reservations about. She seems to want to file for the bare minimum and advises I cannot file for some things I know others have filed for and received compensation. I have Tinnitus with dramatic Hearing loss and asked about filing for Migraines, (I am diagnosed for migraines by the VHA) but she says Tinnitus cannot cause migraines. If approved the number of headaches I get, 2 or 3 per month, would qualify for 50%.
Also after my Total Knee Replacement she told me I have to have a Dr statement ending my convalescence. According to the VBAs guidance (38CFR) after a total knee replacement I am entitled to 4 months at 100% then 30% after Phys Therapy. She said she doesn't go my the CFRs and only wanted to file for 2 months at 100% because that is when my PT ended. I told her this time you are going to go by them because that is what they are there for, they define your disability and the rating prescribed.
I am contemplating going to another VSO next time I go to the VA Med Center downtown.
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CW3 David Land
Send an email to Dr. Carolyn Clancy at [login to see] and tell her what is going on. Include the last 4 of your SSN. The VA is good about jerking veterans around. I know first hand. I was rated by the VA Secretary in 2009, and now they are trying to stop my medication. That is not going to happen. Just search the rules for ratings which are protected. She can help you, or do like I did and fill out an SF-95 which will get their attention.
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SGT James Murphy
DAV Djept. of Wisconsin Site: https://dav-wi.org/
DAV Wisconsin aids veterans with government benefits, free medical transport, and advocacy. Join our Small Business Roundtable for veteran support.
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SGT James Murphy
DAV Wisconsin aids veterans with government benefits, free medical transport, and advocacy.
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