Jump to content



Search



Advertise Here

 

Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (23 October 2014 - 05:07 PM) Correction Jan 20. 2015 Will Be Hadit.com's 18 Year Anniversary
@  Tbird : (23 October 2014 - 11:38 AM) Jan 20, 2015 Will Be Hadit.com's 19 Year Anniversary, That's Amazing.
@  britton : (23 October 2014 - 08:14 AM) I Got It Tbird Thank You
@  Tbird : (22 October 2014 - 05:26 AM) Britton Sent You A Pm
@  britton : (21 October 2014 - 10:05 PM) Tbird, I Sent A Donation To Hadit Via Pay Pal...i Hope You Got It?
@  raven316 : (21 October 2014 - 01:59 PM) Glasses
@  iceturkee : (20 October 2014 - 06:50 AM) Good Luck Plum
@  Notorious Kelly : (19 October 2014 - 06:32 AM) I Wish You All The Best With That, Plum!
@  me.plum : (18 October 2014 - 01:09 PM) Hearing For Bva 11-19 At 8:30 Wow!!! Thanks Everyone!!!
@  Tbird : (18 October 2014 - 12:30 PM) Buckeye46 Thank For Contributing Our Fund Raiser
@  Notorious Kelly : (17 October 2014 - 02:11 PM) Impressive Site, Kimmy. I Bookmarked. Thanks! :)
@  Kimmy : (17 October 2014 - 08:31 AM) I Recently Discover The Site. It Is Very Detailed With Info On Conditions And Ratings.
@  Kimmy : (17 October 2014 - 08:28 AM) Has Anyone Here Been To This Site? Http://www.militarydisabilitymadeeasy.com/
@  Tbird : (17 October 2014 - 08:06 AM) Snake Eyes Thank You For Remembering Us. Congratulations On Your Retro.
@  Snake Eyes : (16 October 2014 - 07:04 PM) Thinking Of Donating A Portion Of My Retro On Next Claim. Smaller Amount Coming Beginning Of November. Thanks For The Good Work!
@  britton : (13 October 2014 - 06:13 AM) Hi There T Bird Shout Backatcha
@  Tbird : (13 October 2014 - 06:04 AM) Britton Ahoy There Matey Give You A Shout Out Back
@  Tbird : (13 October 2014 - 06:00 AM) Thank You Michael M For Your Contribution To Our Funding Campaign
@  Tbird : (13 October 2014 - 05:57 AM) Thank You Elliot K For Your Contribution To Our Funding Campaign
@  Timothy11 : (12 October 2014 - 05:58 PM) Retro Pay

Photo

Va Made In Cue In Granting Service Connection For Als


This topic has been archived. This means that you cannot reply to this topic.
64 replies to this topic

#41 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 22 June 2011 - 06:07 PM

Can't scan, but will type. This is from we got it raised from 30% to 100% plus SMC's:

"The records reflect that you are a veteran of Peacetime. You served in the Army from Oct 25, 1983 to Jan 30, 1984.
We grant service connection for a disability that began in military service or was caused by some event or experience in service. The records in this case have been reviewed and the issues considered under the provisions of VCCA (Public Law 106-475). We have determined that all indicated development has been undertaken and all reasonable efforts to assist you in pursuing your claim has been exhausted. The evidence of record is shown to be sufficient to render a sound decision on the merits of this case. The following decisions have been made based on a review of all evidence listed." Then it list the service connections for ALS and loss of feet ect.

Under the "What we decided" part it says:

"We decided the following conditions were related to your military service, so service connection has been granted:" Then it lists ALS and loss of feet ect.

Advertise Here

 

#42 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3928 posts
 

Posted 22 June 2011 - 06:13 PM

CALS - would you please post the letter proposing to sever, quoting any evidence and "reasons and bases" quoted?? Also need the part where 30% was awarded clarified?? Thanks!

pr

Edited by Philip Rogers, 22 June 2011 - 06:15 PM.


#43 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 22 June 2011 - 07:35 PM

ALS is automaticly awarded at 30%(although it is going to be raised to 100% soon) and we immediately put in for an increase, and increase was granted 7 days later. We also put in for an increase and had a C&P in Feb 2010, which was not granted. We put in for another increase in Feb 2011, it was granted, but they proposed to deem my husband incompetent. We put in a NOD on the incompetency, and they deemed him competent, and in the same letter informed of they made a CUE.
Here is what the letter states:

You are considered competent for VA purposes.

A clear and unmistakable error is found in the grant of service connection for Amytrophic Lateral Sclerosis (ALS) therefore severance of service connection is proposed.

Important Information

A clear and unmistakable error is found in the rating decision dated Sept 28, 2009, which granted service connection for ALS therefore severance of service connection is proposed. There is no record of ALS occurring during active duty service nor a diagnosis within one year of discharge from active duty.

The ratings decision dated 9 28 09 committed a clear and unmistakable in granting service connection for ALS on a presumptive basis since the record does not show that the veteran has active, continuous service of 90 days or more nor is service connected for a separate disability on either a direct or aggravated basis.

Your DD214 shows you served from 10/25/83, to 1/30/84, and were released from Active Duty for Training(ADT) upon completion of your MOS training. It also notes prior active duty for 2 months and seventeen days.

The record does not show service connection has been granted for a separate disability on either a direct or aggravated basis nor that you served on active duty under Title 10 or 32.


SO:

The time frame we think he had ADSW is from Feb 1983 to June 1983. He worked at the Base, turned in a time sheet each week to the custodian of records, and was told he was on Active duty by the AG, and was getting paid from a special fund.He was paid at his E 1 rate and received a Federal check. In about June of 1983, he got a full time job on the shooting range and got a significant raise in pay. Then in Oct 83 he went to his MOS training. On his DD214 it shows "Total Prior Inactive Service" line e as 8 mos 15 days, which covers the time from release from boot camp to going to his MOS. Could this 8 months have really been inactive service?

#44 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3928 posts
 

Posted 23 June 2011 - 07:54 AM

CALS - as I see it, you'll either need to prove AD under Title 10, for the 90 day requirement or show that he had ALS symptoms, to a 10% level on active duty for training or within a yr of discharge. I can't see any other way around it. To me the Title 10 would be the best otherwise, otherwise as I see it, you don't have a chance. I suggest you start looking for work and saving wherever you can. Sorry! jmo

pr

Edited by Philip Rogers, 23 June 2011 - 08:03 AM.


#45 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28829 posts
 

Posted 23 June 2011 - 08:05 AM

If the request for hearing is going to be made-
I guess it should be requested in a letter in person at the VARO for the time/date stamp- or otherwise I might have a working fax number for this VARO.

Math isn't my strong suit but I think you have only until tomorrow to request the hearing.

#46 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 24 June 2011 - 09:11 PM

Thanks for all the help on this matter. We are going to try and get his time sheets and records for the time we hope is ADSW, although it is very unlikely. We are not asking for a hearing on the advise of our VSO, since doing so will subject us to over payments, and once they make a ruling, the payments stop immediately. Our VA works real fast(from the time we filed original claim till first check was 3 wks) and the wording in our paperwork says we will get at least 3 more payments with no over payment. The amount we are losing is staggering. $500,000. I am grateful for the benefits we have received, however, taking them away at this point in my husbands disease is so hard. If we had never received any benefits we would not be facing the decisions we are facing today. After long and painful discussions, my husband had made the decision to continue his fight against this horrible disease by getting a trache and vent. He has an appt for surgery consult on this on July 17. He has already beaten the odds by living with ALS for 4 years, and he made the decision to continue the fight. Now, with no VA benefits, he can not get a trache and vent, and has to face the facts that he will most likely die before his 47th Birthday. He feels he has let his family down, and the depression that he has now is heartbreaking. I will fight this until the day I die, unfortunately, I will have to fight it without my husband. HUGS Lori

#47 carlie

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22178 posts
 

Posted 24 June 2011 - 11:05 PM

Thanks for all the help on this matter. We are going to try and get his time sheets and records for the time we hope is ADSW, although it is very unlikely. We are not asking for a hearing on the advise of our VSO, since doing so will subject us to over payments, and once they make a ruling, the payments stop immediately. Our VA works real fast(from the time we filed original claim till first check was 3 wks) and the wording in our paperwork says we will get at least 3 more payments with no over payment. The amount we are losing is staggering. $500,000. I am grateful for the benefits we have received, however, taking them away at this point in my husbands disease is so hard. If we had never received any benefits we would not be facing the decisions we are facing today. After long and painful discussions, my husband had made the decision to continue his fight against this horrible disease by getting a trache and vent. He has an appt for surgery consult on this on July 17. He has already beaten the odds by living with ALS for 4 years, and he made the decision to continue the fight. Now, with no VA benefits, he can not get a trache and vent, and has to face the facts that he will most likely die before his 47th Birthday. He feels he has let his family down, and the depression that he has now is heartbreaking. I will fight this until the day I die, unfortunately, I will have to fight it without my husband. HUGS Lori


CALS,
Personally, I think it's a mistake to not have requested the hearing in a timely fashion
without that I see no chance at all in keeping any benefits.
It sounds like that when/if the benefits remain severed the family will pretty much be financially destitute
so any overpayment wouldn't matter - as they say - you can't get blood out of a turnip.
Also, there is always the strong possibility of getting any overpayment waived.
If you had requested the hearing, no matter what VARO you are with, due to Nehmer claims process going
on right now, I doubt the hearing would have been scheduled immediately.

If it is found to be correct, that there really was never any entitlement to benefits to begin with,
then I don't understand how you see it as "losing a staggering. $500,000."

Another way I see this is, if your husband had not been receiving these benefits, it sounds like he wouldn't
have been able to do as well as he has during this time and the family would have had to face the decisions
of today, at a much earlier date.

I am at loss to be able to understand that - yes he has decided to get the trache and vent and has an appointment for
a surgical consult on July 17, but then you followed with "Now with no VA benefits he can not get a trache and vent,"
Is the July 17 consult with a VAMC ?

You had asked in an earlier post something (para-phrasing here) that he wore the uniform each day and worked
along right with the active duty personel that get the benefit and that he should also.
One difference is that at any given moment the active duty personel can be sent anywhere without question
and the same was not true for your husband. The regular military members are pretty much the property of the
DOD whether it be Army, Navy, Marines - whichever branch, but the Army National Guard people are not.
Of course there are many more differences than this, but this is not really relevant in trying to help your husband's
situation.

No matter what, this is a horrible situation for your family and I do send my best wishes.

Is there an ALS Society or Foundation that can provide any help ?

#48 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 25 June 2011 - 12:14 AM

We have lived and planned our lives after his diagnosis with ALS with the knowledge that we would be receiving VA benefits. We would have planned differently if we had no VA benefits. Our VSO officer advised us NOT to file for a hearing. Our consult is with the VAMC for his trache, however, 24/7 care is required with a trache and vent, and I will have to return to work in order for our family to survive, therefore I can not give him 24/7 care. The R1 allowance would have allowed us to hire attendants for him, which is the only reason we requested an increase. No single person can provide 24/7 care for a person on a trache and vent. And you are right, my husband would already be dead if it wasn't for the VA benefits. Now , because they are taking away his benefits, he will die SOON. We had hope, now we have nothing. Carlie, please watch some of the links I will post about ALS, and put yourself in my shoes. We are continuing to fight in the hope of a cure. The "WE" will now become just "ME", because my husband will die in the next 6 months without VA care. I will fight for him until the day I die.







http://www.cmt.com/v...ourney-on.jhtml

http://www.youtube.com/watch?v=Cmiq1eGmsxE

http://www.youtube.com/watch?v=g0Q4kIx95aU



http://www.youtube.com/watch?v=tb4TygbNfrU&feature=related

If this was happening to your loved one, would you just say, Oh Well, and give up??

#49 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3928 posts
 

Posted 25 June 2011 - 03:03 AM

CALS - that's your decision. Listening to your VSO is probably the biggest mistake you'll ever make. You can still pursue the appeal, tho. So you "might" have to pay some money back. Wouldn't having your husband survive longer have been worth it??? jmo As you can probably tell I have little, if any, use for VSO's. Most are in the VA's pocket, anyway.

I feel what your statement "The "WE" will now become just "ME", because my husband will die in the next 6 months without VA care. I will fight for him until the day I die" really means is that you will fight for your death benefits (DIC) because if you really were fighting for him you'd have had the hearing and "maybe lost" and "maybe" had to pay back the funds. Sorry if I sound callus and uncaring but it's just how "I" feel. Besides I get a little irritated when . . . never mind.

I wish you the best for you, him and your family! I'm signing off on this topic.

pr

Edited by Philip Rogers, 25 June 2011 - 03:14 AM.


#50 Commander Bob

 
Commander Bob

    E-9 Master Chief Petty Officer

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 1616 posts
 

Posted 25 June 2011 - 06:22 AM

I found this ALS support group, while looking for additional options.

http://www.alsforums.com/forum/archive/index.php



My most positive thoughts,


C.B.

#51 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28829 posts
 

Posted 25 June 2011 - 06:43 AM

I am with what Philip said 100%

"Our VSO officer advised us NOT to file for a hearing"

There are many well seasoned claimants and advocates here at hadit who offered advise here and that advice from your VSO shows his utter incompetence.

I do hope your husband can get ample health care.

It is highly possibly that this overpayment could have been waived due to VA's error, not any error on your husband's part-
and as NVLSP states in the VBM (They are the finest veteran attorneys in the country) asking for a hearing can ensure the reduction wont be made until the hearing takes place.

"Thus, a claimant requesting a hearing can buy at least 2 months of benefits at the level in affect at the time of the notice." (VBM 2010 Edition page 381)

#52 Commander Bob

 
Commander Bob

    E-9 Master Chief Petty Officer

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 1616 posts
 

Posted 25 June 2011 - 07:07 AM


If this was happening to your loved one, would you just say, Oh Well, and give up??


I don't know the full details. ...I understand, you think the VA will pounce the day you request a hearing.

If it were me. I would send a request for a hearing today, and contact NVLSP, ASAP.

http://www.nvlsp.org/


Bob

Edited by Commander Bob, 25 June 2011 - 07:15 AM.


#53 NSA-Saigon-ET

 
NSA-Saigon-ET

    E-5 Petty Officer 2nd Class

  • Chief Petty Officers
  • PipPipPipPipPip
  • 204 posts
 

Posted 25 June 2011 - 09:34 AM

I was just wondering if the local media can or would help in this situation.
Whether your spouse is marginally qualified or not for benefits, perhaps there is a "human being" thing that can be mandated by the VA. This has been accomplished before when the local media picks up the story and gets it to the public.

Any thoughts on this?

#54 carlie

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22178 posts
 

Posted 25 June 2011 - 10:02 AM

[quote name='CALS' timestamp='1308982488' post='249103']
Now , because they are taking away his benefits, he will die SOON.
We had hope, now we have nothing. Carlie, please watch some of the links I will post about ALS, and put yourself in my shoes.

CALS - Unfortunately, with or without VA benefits, his condition is terminal.
I am very glad he did receive some great help from the VBA and he most likely will
be keeping several very expensive items that were already provided.
If it were my husband - as long as he was still breathing, I would have hope.
I watched some of the videos you posted earlier and am familiar with ALS.
I did try to put myself in your shoes, thats why I offered suggestions to try and help.
Have you contacted any ALS Society/Foundation as was suggested, to see if there is any help
or guidance available from them. I would certainly be including any avenues even if they could
only offer a remote chance at help.
Also, is your husband getting SSI or SSDI - any Medicare, Medicaid or State benefits.
If he was bared from these benefits due to receipt of the VA benefits (income limited) I would be
jumping on those as we post.

I will fight for him until the day I die.

Not requesting a hearing because you MIGHT be held financially liable - IMO, is not fighting,
it is giving up - IMO it offered about the only possibility of stretching benefits out a bit longer.


If this was happening to your loved one, would you just say, Oh Well, and give up??

Hell NO - I am one tenacious little cookie - and I never give up !
I might feel beaten down once in a while - but that's just my moment to take a deep breath
and return to the battle with a vengeance !

I have done what I can on this topic - I have already sent my best wishes to your family.
Without further pertinent information, I will continue to read but not post.

#55 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3928 posts
 

Posted 25 June 2011 - 10:25 AM

CALS - one last post from me on this. I strongly suggest you file for a hearing, on Monday, and have him sign it. The VA allows 30 days, to request the hearing, but what they don't tell you is they also allow a couple of days for you to receive the actual notice. If you FAX it and either hand deliver or mail certified, returned receipt requested, the request, they will have to accept it. They will intially tell you that you were too late, w/the request, but you should respond that if they fail to allow the hearing, then when he dies due to failure to get the necessary treatment(s) you will be filing a FTCA claim and/or an 1151 claim. Failure of you to do this, immediately, will result in the VA severing his service connection and will result in the loss of benefits. Your only chance is to have the hearing!!! jmo

pr

#56 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3670 posts
 

Posted 25 June 2011 - 02:18 PM

Cals
After reading about this, I think PR, Berta, Carlie, myself and Katrina Eagle all agree that you should ASK FOR A HEARING. We concur that your VSO gave you bad advice recommending you skip the hearing. I would humbly joke that it is not often that Berta, Carlie, PR, and myself agree on anything, but I think we agree you should ask for a predetermination hearing. Its your best shot, and buys you some needed time. You could even try this: Ask for the hearing, and then just put the money in the bank..dont spend it "just in case" they theoretically ask for it back (even tho I think that the VA does not have a legal basis to ask for this money back...)

I can PERSONALLY ATTEST that I received benefits that the VA said I was not entitled to, and expected me to repay. I asked for a waiver based (in part) on the fact that I did nothing wrong...I supplied the VA with the required information and it was not my fault it took the VA 2 years to act on it, and all this time they sent me the "higher" benefit. They granted my waiver and I did not have to pay back a penny.
Frankly, I am upset that this VSO throws his weight around telling you to skip a reduction hearing, when the former President of NVLSP, Katrina Eagle, publicly recommends otherwise.
Remember, when Katrina Eagle publicly gives advice, she exposes her self to some liability for people who act on that advice, since this advice was made in the context of her being a Veterans lawyer.
I do think the VA, and sometimes VSO's use "fear tactics" to try to control Veterans. You see, they want YOU to fear having to pay that money back, so you skip the hearing and the reduction happens. Even if it is not true that you have to pay the money back, the "fear" can motivate you into making an unsound decison making it far easier for the VA to deny you.
I see VSO's sometimes using fear to keep Veterans from filing an increase, or from seeking an eed with things like.."Gee keep what you got..you could lose what you have".
If you handed me a $10 and I gave you a five and two ones as change...I could tell you to stop complaining about the rest of your change or I will keep the five and two ones also. They could try fear tactics. Howver, this is America. We Vets fought for our rights...freedom of speech, freedom of press...and due process. You are free to make the VA jump through all the hoops to prove you are not eligible for benefits. The burden is on them, but if you waive your right to a hearing, they can just shred your selected evidence and say..."Gee...we didnt get any documentation of that".
But..if you go to a hearing...you can tell the judge, "Oh, yes, I have a copy of that documention right here". The VA is famous for shredding evidence and then denying benefits. Dont let them.

#57 john999

 
john999

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 22262 posts
 

Posted 25 June 2011 - 06:18 PM

I sure would ask for the hearing. Maybe get yourself a lawyer to go there with you. I am sure the VA has made some errors in this whole mess.

#58 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28829 posts
 

Posted 26 June 2011 - 07:09 AM

Katrina Eagle was and maybe still is Vice Pres of NOVA but I am completely unaware of her ever having worked for NVLSP.

Having said that she is a SUPERB veteran's attorney.

Someone here recently mentioned a reduction hearing that took 7 months to occur.As I understand the regs, the VA had to continue to pay comp for those 7 months.

This is an unfortunate situation and I agree with what Broncovet said as to VSOs not doing their jobs properly.

He took the correct steps here:
"can PERSONALLY ATTEST that I received benefits that the VA said I was not entitled to, and expected me to repay. I asked for a waiver based (in part) on the fact that I did nothing wrong...I supplied the VA with the required information and it was not my fault it took the VA 2 years to act on it, and all this time they sent me the "higher" benefit. They granted my waiver and I did not have to pay back a penny."

If the VA committed a CUE that erroneously awarded a benefit ,then the VA is cause of the overpayment-not the vet- but a waiver MUST be requested and a Hearing should always be requested too.

In some cases at the BVA the VA found that the vet (or widow) had actual knowledge of the overpayment themselves yet didnt take steps to have it corrected.
This happened to some widows prior to the newer remarriage regs, who remarried and were supposed to lose their DIC but they never told VA they remarried and the VA caught the overpayment and they were charged for it because the VA sent out notices from time to time to widows on DIC asking them if they still were the surviving spouse of the vet.

I got a question notice like this when I reopened in 2003.

#59 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28829 posts
 

Posted 26 June 2011 - 07:21 AM

I just wanted to add
"With certain enumerated disorders, such as sensorineural
hearing loss and ALS, service incurrence may be presumed if
the disease is manifested to a degree of 10 percent or more
within one year after the date of separation from service.
38 U.S.C.A. 1101, 1112, 1137 (West 2002); 38 C.F.R.
3.307, 3.309 (2007)."
and
Lets not forget this:
http://www.usatoday....diagnoses_N.htm

1800 vets got letters from the VA saying they had ALS but they didnt have it.

Also as I mntioned ALS can be misdiagnosed:

"A Philadelphia Common Pleas Court recently awarded a 60-year-old $10 million after it was determined that a doctor specializing in ALS misdiagnosed the man. The medical malpractice lawsuit stemmed from a misdiagnosis that ended up leading to the man's permanent leg paralysis.
According to the lawsuit, the man had been misdiagnosed in 2003 with ALS, which is also known as Lou Gehrig's disease. At the time, the doctor gave the 60-year-old man anywhere between 18 months and three years to live.
However, even though the doctor is considered an expert in ALS, and is even the medical director at the ALS Association Center at the hospital that is at the University of Pennsylvania, according to the lawsuit the diagnosis was incorrect. Instead the man was really suffering from a spinal cord compression.

http://www.medicalma...paralysis.shtml

Hopefully this vet is eligible for Medicaid and can get a real doctor now to properly assess his condition because - as I know only too well-
the VA might have made error in his ALS diagnosis and/or his treatment.If so that could open the window for a Section 1151 claim.

But this is my last post in this topic and I fully appreciate the wife being willing to fight for him.Best way to begin that fight is with the hearing.

#60 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 26 June 2011 - 11:55 AM

Thanks all. Berta, we do go to one of the top ALS clinics in the US. My husband does have ALS. His original DX was done outside the VA. ALSA was who told us it was covered because he was a Veteran. I had read Katrina's advise before coming on here. I have talked with Jim Strickland about this.He was the one who told me about waivers. We are seeing our VSO tomorrow. The reason we had decided not to put in for an appeal is because with no new evidence, once the hearing concludes, and a decision is reached, benefits stop immediately. Doing the 60 days, we will get benefits until 2 months after final decision, which means till Oct, which saving this money will allow us to keep our home. There is No way the hearing will not be held in July or Aug, meaning we would lose benefits 2 months earlier. The only way to prevail is to get Congress to change the law, or have the VA change his DD 214. We will see a lawyer this week also, however, finding one to take this on will be another challenge. They originally said he had active duty for the period when he was at Ft Lee for his MOS training. They missed where it said it was for training. I discovered the info about ADSW while doing research, and had hoped it was under Title 10, but it is most likely under 32, if it was ADSW at all. It is listed on his DD214 as inactive duty service.

Edited by CALS, 26 June 2011 - 12:06 PM.


#61 Philip Rogers

 
Philip Rogers

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 3928 posts
 

Posted 26 June 2011 - 12:26 PM

JMO but once you miss that hearing request deadline you're screwed. What makes you think they'll be able to do the hearing that quickly? Also, once he testifies, under oath, (which is new evidence)that he was on active duty, besides the active duty for training, and that the government has the records, I believe it becomes the VA's responsibility to locate those records and until they are located, I don't believe the VA can sever SC.

Jim Strickland is good but not perfect. As I see it, and as stated in the VBM, Section 5.10.7, pgs #379-382, the VA cannot make the decision until the first 60 day notice has expired, no matter when the hearing is,(unless the claimant signs a waiver, waiving that 60 day period, it's called due process) and then the new 60 day period begins. Just sayin' . . .

If you don't submit the request for the hearing, tomorrow, you won't be able to stop or delay the severance.

End of my comments.

pr

#62 carlie

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22178 posts
 

Posted 26 June 2011 - 01:42 PM

JMO but once you miss that hearing request deadline you're screwed. What makes you think they'll be able to do the hearing that quickly? Also, once he testifies, under oath, (which is new evidence)that he was on active duty, besides the active duty for training, and that the government has the records, I believe it becomes the VA's responsibility to locate those records and until they are located, I don't believe the VA can sever SC.

Jim Strickland is good but not perfect. As I see it, and as stated in the VBM, Section 5.10.7, pgs #379-382, the VA cannot make the decision until the first 60 day notice has expired, no matter when the hearing is,(unless the claimant signs a waiver, waiving that 60 day period, it's called due process) and then the new 60 day period begins. Just sayin' . . .

If you don't submit the request for the hearing, tomorrow, you won't be able to stop or delay the severance.

End of my comments.

pr


Ditto -
Especially on the part of ,"What makes you think they'll be able to do the hearing that quickly?"
I feel the VSO's advice to NOT request a hearing and the scare tactics / threat, of being responsible for
any possible "overpayment", is poor advice that the poster has obviously taken as gospel, is a huge mistake.

Even if there was any overpayment the VBA attempted to re-coup and a request for waiver of the funds was denied,
just what can they do ? ? Supposedly the family is going to be in a negative situation financially anyways.
As I posted earlier, you can't get blood out of a turnip.

But hey - we are all certainly allowed to make our own mistakes, so no harm there for sure.

#63 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 23 October 2011 - 10:39 PM

UPDATE, and not good. VA benefits stop effective 12-2011. Trying to get a lawyer, but they say we do not have a case. As of 12 01 2011, my kids and I have no health insurance, and we just found out last month that my 17 yr old daughter needs Major surgery on her hip. Going to be impossible to get insurance for her, so she will probably end up in a wheelchair for life. Trying to get Shriners to help, but by the time we get through the red tape she will probably be 18, and too old for Shriners to help. Just trying to figure out how to get my daughter insurance, and live on $1800 a month. HUGS Lori

#64 etcm

 
etcm

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 34 posts
 

Posted 24 October 2011 - 04:09 PM

UPDATE, and not good. VA benefits stop effective 12-2011. Trying to get a lawyer, but they say we do not have a case. As of 12 01 2011, my kids and I have no health insurance, and we just found out last month that my 17 yr old daughter needs Major surgery on her hip. Going to be impossible to get insurance for her, so she will probably end up in a wheelchair for life. Trying to get Shriners to help, but by the time we get through the red tape she will probably be 18, and too old for Shriners to help. Just trying to figure out how to get my daughter insurance, and live on $1800 a month. HUGS Lori


It looks like you have about 1 month to get the surgery and as much follow up care as you can. Is medicaid available?

#65 CALS

 
CALS

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 16 posts
 

Posted 24 October 2011 - 04:27 PM

no other help avail. docs here in reno do not do the surgery, so waiting for consult in sacramento.




Advertise Here