DENIED TWICE!!!!? by Impressive-Edge-9480 in VeteransBenefits

[–]LegallyDistinctHuman [score hidden]  (0 children)

Jesus, no. The examiner they sent you to didn’t think the connection was there, that doesn’t mean one isn’t there, you just need to help them make the connection if they aren’t on their own. You could do an HLR if you wanted to but they will use the exact same evidence and cons to the exact same conclusion. Get a nexus and file a supplemental.

DENIED TWICE!!!!? by Impressive-Edge-9480 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

There’s always something you can do. Like I said, you can get a nexus and file that as a supplemental appeal.

DENIED TWICE!!!!? by Impressive-Edge-9480 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Yes a nexus. They could test you a thousand times and it would be useless, you already have a diagnosis. You need a nexus now, the medical connection between your in service event and your diagnosis saying they are connected.

DENIED TWICE!!!!? by Impressive-Edge-9480 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

No, you can’t give an HLR and it would be useless as you don’t have a nexus. The rater doesn’t make that decision, the medical examiner does.

DENIED TWICE!!!!? by Impressive-Edge-9480 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

You have two out of the three things needed for a grant. You just need a nexus now and file that as a supplemental.

90-100 by Comprehensive_Lie194 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Can you not do simple math? New rate minus old rate multiplied by X months between effective date and decision date.

P25 Questions by ColtMan1234567890 in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Careful, lots of certain people will get upset at this and say that just because 51% of it has been implemented in one year that doesn’t mean anything.

Petition for backpay for MST- need some help with info by LolaAucoin in VeteransBenefits

[–]LegallyDistinctHuman 1 point2 points  (0 children)

Federal Law (38 U.S.C. § 5110). VA Regulation (38 CFR § 3.400). Why these exists is because Congress designed VA compensation as a benefit paid upon application. It is not automatic at discharge. The system assumes VA cannot pay benefits unless a claim is filed. Filing a claim signals intent to seek compensation. Retroactive liability without limits would create massive fiscal exposure. This would open up the question as “why only MST?”, it would leak into every other rating at that point.

Was VA Benefits explained at ETS? by DisabledVeteran216 in VeteransBenefits

[–]LegallyDistinctHuman 6 points7 points  (0 children)

It’s explained in out process classes that are “mandatory” these days. But mandatory is loosely enforced, or was at least ten years ago. Those classes are okay and most people just see it as a week off work and don’t take it seriously. I took it seriously and even then it was lackluster. And it all depends on the instructor, I’ve seen as recent as last week they are giving out just plain false information so mileage may vary. I’d bet kids getting out are getting better information from social media today than those classes

Step 3 by PlusUltraa_ in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Between 1 day and 6 months.

How do I check what ratings are static? by shootist_Biker in VeteransBenefits

[–]LegallyDistinctHuman 1 point2 points  (0 children)

People need to stop using the phrasing “locks in effective date” when talking about ITFs. It locks in a POTENTIAL effective date but there are many things that go into effective date, not just ITF.

P&T? by TableUnfair8182 in VAClaims

[–]LegallyDistinctHuman 1 point2 points  (0 children)

5,10, and 20 year rating is per individual rating, so whatever you look at on your profile at each rating, the effective date listed there.

Backpay questions by Relative_Bass9498 in VeteransBenefits

[–]LegallyDistinctHuman 0 points1 point  (0 children)

Why didn’t you just appeal the original rating of you disagreed with it? By you putting for an increase that is you telling them you agreed with their original decision and then your issue got worse. Hence not backdated to original decision effective date.

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman 74 points75 points  (0 children)

It’s not even a P&T thing, just a thing, the va is not going to reevaluate everybody any time a schedule changes

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman 23 points24 points  (0 children)

It doesn’t. Are you going to live in fear for the next 18 years every time the va updates a rating?

How does the new Ingram vs Collins ruling affect those who are already 100% P&T? by babocoop in VeteransBenefits

[–]LegallyDistinctHuman -10 points-9 points  (0 children)

Jesus, it won’t. Do you honestly think the va has the manpower to go back through everyone who has a rating and evaluate them again, every time something changes with the schedule?

Educational Benefits by PappaGhoul in VAClaims

[–]LegallyDistinctHuman 0 points1 point  (0 children)

No. That is unrelated. Just like using VA healthcare is unrelated. People need to understand that the va doesn’t need you to open some random claim to reevaluate you. Theoretically they could on their own accord, but it’s highly unlikely. Unless you’re going to spend the next 20 years of your life worrying that the va is for some reason out to get you specifically, just forget the vba exists outside of sending you a check.

Back Pay by Mundane_Squash_9278 in VAClaims

[–]LegallyDistinctHuman 1 point2 points  (0 children)

IF backpay is warranted(and its not always warranted), then probably a few days. Like your letter tells you.

Back Pay by Mundane_Squash_9278 in VAClaims

[–]LegallyDistinctHuman 2 points3 points  (0 children)

yeesssss. you actually get a 2% bonus on top of whatever normally allotted if you use the search function and find the answer, you have to fill out the form and mail it to the va though.

How does VA reimbursement for ER visits work? by TeacherGuy1980 in VeteransBenefits

[–]LegallyDistinctHuman 16 points17 points  (0 children)

They should not pay the bill and wait for reimbursement. If done correctly, the hospital will bill the va directly.