• Announcements

    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/

Archived

This topic is now archived and is closed to further replies.

Va Made In Cue In Granting Service Connection For Als

65 posts in this topic

Posted

My husband was granted disability in 2009 for ALS. The VA now says they made a CUE in granting his service connection, due to his active duty being for training, and are proposing to cut ALL benefits. HELP!!!

Share this post


Link to post
Share on other sites






Posted

Welcome to Hadit. How long and when did your husband serve? It is very important that you disagree with the reduction in a very short time. Others here can help you more than I.

Pete

Share this post


Link to post
Share on other sites

Posted

I know about the 30 days to request hearing. He was in Army Nat Guard, and they originally accepted his 90 day active duty, but are now saying that it was for training, which makes him ineligible for benefit for ALS. They made a CUE in granting service connection to begin with, and are now proposing to sever his service connection based on the fact that he did not have 90 days continuous active duty. I think we have no recourse, as what they are saying is true, but we will be financially ruined if this happens. He was granted service connection in 2009, retroactive back to 2008 when the law went into affect.

Share this post


Link to post
Share on other sites

Posted

Can you scan and post this decision here as an attachment or tell us exactly how VA worded this letter?

(Cover personal stuff if you scan the letter)

Share this post


Link to post
Share on other sites

Posted

Based on what she posted and some assumption on my part, he's NG or an Army Reservist and if so shouldn't have been awarded SC, for ALS, if based on AO exposure. We/I'll wait for more info, before offer my opinion/help.

Share this post


Link to post
Share on other sites

Posted

To clarify difference here between ALS and AL

ALS is presumptive in all vets with 9- days of continuous active service.

AL (amyloidosis) is an Agent Orange presumptive for any vet exposed to AO.

“September 23, 2008

(Printable Version)

Cites Association between Military Service and Later Development of ALS

WASHINGTON – Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military. “

“Posted 22 April 2009 - 08:53 AM

In November 2008 VA added Amyloidosis to the AO presumptives.

AL is not ALS which also was added as a chronic service connectable disability in all veterans but not caused by Agent Orange-

The VA web site has the updated presumptives as soon as they change and get added to it “

from:

“VA Secretary Refuses to Add Hypertension, But Agrees to Add AL Amyloidosis to List of Agent Orange Related Diseases “

from

Share this post


Link to post
Share on other sites

Posted

I stand corrected. Thanks, Berta!!

pr

Share this post


Link to post
Share on other sites

Posted

"A clear and unmistakable error is found in the rating decision dated 9/28/09 which granted service connection for ALS, therefore, severance of service connection is proposed." "The record does not show the Veteran has active,continuous service of 90 days or more nor is service connected for a separate disability." What gets me is he served with people who were active duty Army, and was all set to be deployed to Grenada. If these other Vets get ALS they will be covered because they were regular Army, and not Army Nat Guard. We do have Medicare and SSDI, but his SSDI will not even cover his scripts .Rilutek costs over $1,000 a month, and is the only medicine approved to slow the progression of ALS. I am unable to work, as he requires 24 hr care, and Medicare does not cover home care at all. I may be able to put him on hospice, which will cover some scripts, but he doesnt want to die, and was going to get a vent and trache, which if he gets, he can not be on hospice. If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college. We will have to move to a place we can afford on less than $2000 a month. My husband will have to find new doctors. He is a paralyzed Veteran, who served his country, and the stress from all of this will probably kill him within 6 months. Without the benefits the VA has been providing us, his health will suffer to the point it will kill him. With a trache and vent, he would have been able to see our daughter graduate from high school in 2 years. He has lost his will to live and fight this horrible disease. If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time. When our lives were turned upside down with his DX, he was able to do things. Now, he is bedridden, and this disruption of our life is going to kill him.

Share this post


Link to post
Share on other sites

Posted

If we had never gotten VA benefits, we would have had applied for loans and scholarships for our son to attend college. He graduates next week from high school, and we have to tell him he can not go to college.

If he hadn't been in the Military, he wouldn't have ALS, and if they hadn't made this mistake we wouldn't be going through this nightmare for a second time.

CALS,

I am sorry for the situation your family is in.

For your son to have gotten any Chapter 35 benefits the veteran would have had

to been service connected at 100 % scheduler or IU, with a status of P&T.

What do you feel happened on active duty that resulted in your husband having ALS ?

Share this post


Link to post
Share on other sites

Posted

Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.

Share this post


Link to post
Share on other sites

Posted

bump

Share this post


Link to post
Share on other sites

Posted

I believe you will stop receiving the checks beginning Aug 1st, which is why you should probably have a hearing. Altho you may be required to pay it back, it acts as a no interest loan, and you can always request a waiver, tho it may not be approved. I'd do some research and find a way to keep his benefits. You should also be receiving SS for your child(ren) and yourself, until she became 16yo. Any other minor children should be receiving SS payments also.

I just reviewed Allan's post and now believe you will receive the August 1st payment, since they will stop payments, at the end of July, and since VA pays after the month is completed, you should receive the 8/1 payment. I apologize for my error. jmo

pr

Quick update and question We have been advised to not ask for a hearing, as we would have to pay money back. In our letter it states- "If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Your benefit payment will stop the first day of the third month following our notice to you of the final decision." Our letter was dated May 25, Does this mean that after July 25 they will notify us of final decision, and final benefit payment will be the first day of the third month (after July 25), or will it be the May 25th date? Can the final decision be dated May 25th, or will it be the date they actually make the final decision. I have read it both ways. We will become homeless if we do not receive a check on August 1st. If we receive checks for Aug and Sept, we can save the money so we can survive another 6 months, and have my daughter stay home to care for her Dad(she is 16) and I can find a job. She can do on line school to finish high school.

Share this post


Link to post
Share on other sites

Posted

He was in Army Nat Guard, and they originally accepted his 90 day active duty, ...

This is truly heartbreaking. Your husband must not give up...

He can still see his Son and Daughter graduate from school, if he fights to hang in there.

If need be, your son can seek out grants, work during College, for now.

There are other options. There has to be. What about hardship considerations, or NSC pensions?

VA nonservice-connected (NSC) pension benefits are available where the veteran had at least 90 days of active military service, at least one day of service was during a period of war, the veteran’s military discharge was under conditions other than dishonorable and there is medical evidence that the veteran is totally disabled as the result of a disability not caused by his or her own willful misconduct.

NSC pension is income-based, meaning that the veteran’s household (rather than individual) income cannot exceed the maximum annual amount set by the VA each year. Thus, NSC pension is designed to bring the veteran’s total annual household income to the level of the maximum annual amount. The current maximum annual amount for VA non-service connected pension is available on the VA’s website.

We need more info regarding his 90 days of active service.

My thoughts are with you and your family,

C.B.

Share this post


Link to post
Share on other sites

Posted

You stated he was NG but not what type of service he had. There is something called "Title 10," I think it's called. It's when he's activated by order of the President, as compared to by his state governor. I believe "Title 10" activation allows him full benefits, just as tho he was regular army. jmo

pr

Share this post


Link to post
Share on other sites

Posted

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.

Share this post


Link to post
Share on other sites

Posted

Thanks all. What our Service officer is telling us is that this letter dated May 25th is only a proposal, and we will continue to have benefits for 2 months after they send us the letter with the final decision. A proposal is not final action. He went int the Guard at 18, in 1982. He did split training(boot camp first) then came home, then went for MOS training in 10-83 to 2-84, which is what they are considering his active duty. He worked for AMG until 1987, and there were no call ups during this time. When he was doing his MOS, Grenada happened, and he was supposed to be deployed, but it was called off. His 2 commanders did go however. Our local VA works very fast(he got his original benefits in 3 wks) and if we ask for a hearing, the action becomes final once they decide the case, and since we have nothing to present at the hearing our case would be final possibly by the end of July. The VA has to follow the laws set by Congress, and Congress is who wrote the ALS law. My husband has an appt set for July to do a consult for a trache and vent, without which he will die. If the VA cuts us off, he will not be able to get this, as it requires 24 hr constant care, and I can not ask my 16yr old daughter to take this on if I have to get a job. Also, in order for us to keep his scripts he will have to go on Hospice, which does not allow for PALS with a Vent. Before all this happened, he was confident that he would see his daughter graduate, now he has accepted the fact that he will not even be here next Fathers Day. My husband is still alive today because of the VA. If they take back all his DME's, he will be confined to a bed 24/7. He has progressed so much in the month that we received this news, and he has lost his will to fight this horrible disease.

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

Share this post


Link to post
Share on other sites

Posted

Glad to hear that you have a service officer helping you. Has there been any discussion about filing for NSC? Will the VA continue to treat your husband after July? Do you have any help or other support outside the VAMC system. Have you seen a VAMC social worker about your husband's condition?

We do not know the answers to the question about his medical status at the VA, and our service officer is clueless. We are on first name basis with everyone at the VAMC. Our social worker will be devastated when we tell him what is going on, however we do not want anyone to know because we need to continue receiving help there as long as possibl He has Medicare and SSDI, however all his doctors are at the VA. NCS will be out, as he does not have the 90 days, not for training, which is why we are losing everything. All of his problems are related to his ALS. We are currently at R1.

Share this post


Link to post
Share on other sites

Posted

We do not know the answers to the question about his medical status at the VA...

...he does not have the 90 days, not for training...

I understand.

I will continue to search for help somewhere.

A brother vet,

Bob

Share this post


Link to post
Share on other sites

Posted

Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!

Share this post


Link to post
Share on other sites

Posted

Yes, that could help him in my opinion-

also remember the ALS regs they initially used to award him are Presumptive regulations.

Do his SMRs reveal ANYTHING symptomatic of possible inservice early manifestations of ALS for a Direct SC award instead of presumptive award?

http://www.alsa.org/about-als/symptoms.html

Share this post


Link to post
Share on other sites

Posted

WOW!!!! That is great!!! I'm not really familiar w/Title 10, but that may be your saving grace. I'd at least request the hearing, ASAP, like yesterday. If you fail to meet the deadline, they will reduce him. Then I'd go to the hearing w/any proof of the ADSW you have. In the meantime I'm trying to find out more about Title 10. You should too, as I'm not a great online researcher. Maybe others will jump in.

pr

Hi All, I may have found something. His 4 months that he was put on active duty after boot camp, and before he got his full time job with the Guard, may be "ADSW" (Active Duty for Special Work) under Title 10. Any comments? I know not everything will show up on his DD 214. Any ideas where I go from here. My service Officer(VFW) is not a lot of help, but I am talking with one from Vegas(PVA) who is really good. Only problem Vegas is 8 hrs away. Can't talk with him till Thursday, and my local guy is out till next Monday!!

Share this post


Link to post
Share on other sites

Posted

He was granted service connection in 2009, retroactive back to 2008 when the law went into affect.

CALS,

Is it possible for you to scan and post the Reasons and Bases Section of the 2009 Rating Decision

that granted SC ?

If you're able to do it - be sure to redact the personal info such as name, SSA/VBA claim number,

address, etc..

Share this post


Link to post
Share on other sites

Posted

I need to add here something on the point I made as I cannot tell if the VA considered a possible direct SC award when they cl;aimed they erred in the ALS presumptive award::

In this case the veteran's SMRs provided BVA with undebatable evidence of ALS -symtomatic within the veteran's service period.This was a widow's claim but it makes the point I did as to direct SC- that could be possible-when presumptive SC cannot apply.

http://www.va.gov/vetapp11/Files1/1108452.txt

“The death certificate shows that the Veteran died at home in March 2006, at age 45. The immediate cause of death was respiratory arrest due to amyotrophic lateral sclerosis. There was no autopsy. However, there is no dispute as to the cause of death because medical evaluations prior to the Veteran's death well documented the disease and resulting debility.”

“Service-connection for the cause of the Veteran's death was granted based on the presumptions found in new regulation 38 C.F.R. § 3.318. As a liberalizing regulation, benefits were effective as of the date the regulation became effective, which was the date it was published, September 23, 2008. See 38 U.S.C.A. § 5110(g) (West 2002); 38 C.F.R. §§ 3.114, 3.400(p) (2010). “

"However, the presumptions do not prohibit the establishment of service-connection on a direct or primary basis by showing that the fatal disease was incurred or aggravated during the Veteran's active service"

The widow successfully proved that although presumption was granted, she proved inservice ALS on a direct basis warranting a better EED than that of the liberalizing regulation.

This is a great case that shows how an EED can be favorably changed and also how one type of award of SC can be rendered moot and trumped by another more favorable award (such as what I did last year on my claim)

Even his 201 personnel file could reveal indications of things that would be symptomatic of inservice ALS.

I assume you have his complete SMRs and personnel records.

Does he receive SSDI and if so, do those records reveal anything that could help here-if you can obtain them -as I assume the SSDI doctor did a full review of all available medical records to include service records.

Share this post


Link to post
Share on other sites

Posted

Berta, you posted this earlier: "ALS is presumptive in all vets with 9- days of continuous active service."

I assume the "9- days" was meant to be "90 days." That being the case they only need to prove the 90 day service and I believe the Title 10, ADSW, covers that. I haven't reviewed the AD for training criteria but that may also qualify him. The VA may have CUEed him on awarding under the wrong rule, presumption, rather than direct SC or vice versa. Stopping the sever is the immediate problem and the hearing must be applied for prior to the 30 day allowance. They must do that today and fax a copy to the VA, immediately!!!! Prove the Title 10 and they win!!!

pr

I need to add here something on the point I made as I cannot tell if the VA considered a possible direct SC award when they cl;aimed they erred in the ALS presumptive award::

In this case the veteran's SMRs provided BVA with undebatable evidence of ALS -symtomatic within the veteran's service period.This was a widow's claim but it makes the point I did as to direct SC- that could be possible-when presumptive SC cannot apply.

http://www.va.gov/vetapp11/Files1/1108452.txt

“The death certificate shows that the Veteran died at home in March 2006, at age 45. The immediate cause of death was respiratory arrest due to amyotrophic lateral sclerosis. There was no autopsy. However, there is no dispute as to the cause of death because medical evaluations prior to the Veteran's death well documented the disease and resulting debility.”

“Service-connection for the cause of the Veteran's death was granted based on the presumptions found in new regulation 38 C.F.R. § 3.318. As a liberalizing regulation, benefits were effective as of the date the regulation became effective, which was the date it was published, September 23, 2008. See 38 U.S.C.A. § 5110(g) (West 2002); 38 C.F.R. §§ 3.114, 3.400(p) (2010). “

"However, the presumptions do not prohibit the establishment of service-connection on a direct or primary basis by showing that the fatal disease was incurred or aggravated during the Veteran's active service"

The widow successfully proved that although presumption was granted, she proved inservice ALS on a direct basis warranting a better EED than that of the liberalizing regulation.

This is a great case that shows how an EED can be favorably changed and also how one type of award of SC can be rendered moot and trumped by another more favorable award (such as what I did last year on my claim)

Even his 201 personnel file could reveal indications of things that would be symptomatic of inservice ALS.

I assume you have his complete SMRs and personnel records.

Does he receive SSDI and if so, do those records reveal anything that could help here-if you can obtain them -as I assume the SSDI doctor did a full review of all available medical records to include service records.

Share this post


Link to post
Share on other sites












  • HadIt.com Twitter