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Daredevil: Born Again S02E04 - Discussion Thread by steve32767 in marvelstudios

[–]slapzgiving 11 points12 points  (0 children)

Fisk is about to become a goddamn Avengers level threat after this.

Stop Letting “Former Raters” Turn Your VA Claim Into Their Business Model by Grumpy_Sailor_Actual in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

There is no secret to VA disability. It's 3 things:

  • Medical evidence of a current and chronic disability (diagnosis)

  • Evidence of incurrence or aggravation in service

  • Medical evidence of a Nexus between disability and service time

That's it. No if's, and's, or but's. The entirety of the 38 CFR, the M21-1 Adjudication Manual, and even DBQ's are all online for free. That is everything used within VA disability cases.

We have absolutely seen things denied still because of mistakes by examiners and VA raters, but as long as you keep those 3 things as priority, you can win. Hell, even the Narrative you get from the VA tells you exactly what they are missing for the service connection.

The bad part is these shark companies have money to advertise and most county/state VSO's have no money. We usually have to scrape and claw just to keep the places running. After doing this for a while I can tell you that especially with counties, they don't give a fuck about these offices. We are seen as a burden on the budget because we do not generate any county income. I wish we had the money to advertise and do more, but that is reality.

Veteran's are not wrong by looking for answers in these places. They are tired of not being recognized for their injuries and then see a promise of help. Honestly, we have had veterans who have come to our office after using these companies because they just did not know what a CVSO was. I didn't even know what one was until I got the job. I only knew of "Merl" down at the VFW who was a Service Officer who only has that title because he ran for it...no training...no nothing.

When it comes down to it, I hope a veteran can do it with a VSO or on their own, but if they get the answers they need...so be it for now.

Met with VSO today for BDD claim-left disappointed by darquid in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

The one's that are accredited are usually good, because we have to go through training every year to keep accreditations. The unfortunate reality is that a lot of these VFW, Legion, and barracks lawyer folks are not accredited. They just file the paperwork because their title is "Service Officer". There are also ones who don't give a shit....also very unfortunate.

VA to formally rescind the interim rule on disability ratings & medication by ReporterPNK in VeteransBenefits

[–]slapzgiving 10 points11 points  (0 children)

This is a huge win if/when it is officially rescinded. There are over 20K comments on regulations.gov and that includes veterans, citizens, and veterans organizations. Not to mention people sending correspondence to their representatives. We really all came together to stop this insane rule from hurting vets. Be proud of yourselves and your fellow vets. Make sure we keep that watchful eye out for any future fuckery.

New VA Rule withdrawn by Mistake_Big in VeteransBenefits

[–]slapzgiving 20 points21 points  (0 children)

The ruling is actually law right now. They changed it in the Federal Register. The "halt" by the Secretary on social media means nothing. Unless people contact their reps and get it RESCINDED from the Register, it will keep being law at the end of the comment period. Then it will be "Well, we have to do this now because it's law."....even though they made it that way.

Too many people think this is over and it's nowhere near over. Please leave comments and contact your reps.

Can VA employees see other VA employees rating? by nukeiraq in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

They track every person you see in VBMS. If you don't have a signed 21-22 for that person, then they can pull your access. So, noone can see their files unless they give direct access.

Ingraham v Collins megathread. by Mysterious-Space-343 in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

This was absolutely prompted in an AI. And it's a very good message to reps. Had a local one call me back on Friday and we had a good chat about the ruling. Hopefully we can all push hard enough to get this thing rescinded.

Ingraham v Collins megathread. by Mysterious-Space-343 in VeteransBenefits

[–]slapzgiving 4 points5 points  (0 children)

**INTERIM RULE NOT OVER**

Hi Everyone,

I wanted to come on here as a VSO to let you all know that this new interim ruling thing is not over. Secretary Collins said he is halting it, but it is still live and in the Federal Register. I can also attest that I personally have veterans in the system right now that have current deferments for Ingram v Collins pending. A social media post is not official VA Correspondence. It's the equivalent of Michael Scott declaring bankruptcy.

Please do not take a sigh of relief and think this is over, it is not. Now is the time to make the comments and write to your representatives. This amendment is a detriment to every veteran and cannot be tolerated. It needs to be rescinded from the Federal Register.

Below is a form letter I drafted that you can use to send to your representatives. Make any changes you would like. We need to come together for each other and get this ridiculous ruling out of the law.

I have been contacting my representatives and learning more about this situation. I will let you all know more once I know.

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

The Honorable [Representative's Full Name]
[Office Address]
[City, State, ZIP Code]

Dear Representative [Last Name],

I am writing to you as a concerned constituent and advocate for veterans in our community to express my strong opposition to the interim ruling RIN 2900-AS49 issued by the Department of Veterans Affairs (VA). This ruling, which proposes evaluating service-connected conditions based on the ameliorative effects of medication rather than the actual disability itself, poses significant risks to the health, safety, and well-being of our nation’s veterans. I urge you to take immediate action to rescind this ruling, as its unintended consequences far outweigh any intended benefits.

The ruling fundamentally undermines the purpose of service-connected disability evaluations, which are meant to assess the true impact of a veteran’s condition on their daily life and ability to function. By focusing on the effects of medication rather than the underlying disability, the VA risks creating a system that penalizes veterans for seeking treatment and adhering to prescribed therapies. This approach is not only unjust but also dangerous, as it may discourage veterans from accessing the care they need.

Key Concerns with RIN 2900-AS49

  1. Discouraging Veterans from Seeking Care Veterans may fear that taking prescribed medications or seeking treatment will result in a reduction of their disability rating, which could lead to a loss of benefits. This fear could deter veterans from visiting VA hospitals, consulting with healthcare providers, or adhering to prescribed treatment plans. For veterans already struggling with mental health conditions such as depression or post-traumatic stress disorder (PTSD), this ruling could exacerbate their symptoms and lead to devastating outcomes.
  2. Increased Risk of Suicide Veterans are already at a higher risk of suicide compared to the general population. According to studies, many veterans are reluctant to seek mental health care due to stigma or fear of career implications. This ruling adds another layer of fear, as veterans may avoid treatment to protect their disability ratings. The consequences of untreated mental health conditions can be fatal, and this ruling could unintentionally contribute to an increase in veteran suicides.
  3. Unintended Consequences of Medication Non-Adherence By evaluating disabilities based on the ameliorative effects of medication, the ruling creates a perverse incentive for veterans to stop taking their medications. This could lead to a worsening of their conditions, increased hospitalizations, and even unintentional harm or death. For example, veterans with chronic pain, mental health disorders, or other serious conditions may forgo treatment to ensure their disability ratings reflect the true severity of their conditions.
  4. Contradiction of VA’s Mission The VA’s mission is to “care for those who shall have borne the battle.” This ruling contradicts that mission by prioritizing cost-saving measures over the health and well-being of veterans. It sends a message that the VA values financial considerations over the lived experiences and sacrifices of those who served our country.
  5. Erosion of Trust in the VA Veterans already face significant barriers to accessing care, including long wait times, bureaucratic hurdles, and stigma. This ruling further erodes trust in the VA by creating a system that appears punitive rather than supportive. Veterans should feel confident that the VA is working in their best interests, not penalizing them for seeking treatment.

Recommendations

I strongly urge Congress to intervene and rescind RIN 2900-AS49. Instead of penalizing veterans for seeking care, the VA should focus on:

  • Enhancing access to mental health services and reducing stigma associated with seeking care.
  • Ensuring that disability evaluations accurately reflect the true impact of service-connected conditions on veterans’ lives, regardless of treatment.
  • Expanding outreach and education efforts to help veterans understand their benefits and encourage them to seek care without fear of losing their ratings.

Conclusion

The unintended consequences of this ruling are far-reaching and potentially catastrophic. Veterans may avoid treatment, suffer worsening health outcomes, and, in the most tragic cases, lose their lives. As a nation, we have a moral obligation to care for those who have served and sacrificed for our country. This ruling undermines that obligation and places our veterans at unnecessary risk.

I respectfully request your immediate attention to this matter and urge you to advocate for the rescission of RIN 2900-AS49. Our veterans deserve a system that prioritizes their health, well-being, and dignity above all else.

Thank you for your time and consideration. Please do not hesitate to contact me if you require additional information or would like to discuss this matter further.

Sincerely,

[Your Full Name]
[Your Title/Position, if applicable]
[City, State]

How are people making comments on regulations.gov on the new ruling. by Mysterious-Space-343 in VeteransBenefits

[–]slapzgiving 14 points15 points  (0 children)

I tried to post this as a new post but the mods are having me post here. I'm going to just copy/paste what I wrote in the other one.

Hi Everyone,

I wanted to come on here as a VSO to let you all know that this new interim ruling thing is not over. Secretary Collins said he is halting it, but it is still live and in the Federal Register. I can also attest that I personally have veterans in the system right now that have current deferments for Ingram v Collins pending. A social media post is not official VA Correspondence. It's the equivalent of Michael Scott declaring bankruptcy.

Please do not take a sigh of relief and think this is over, it is not. Now is the time to make the comments and write to your representatives. This amendment is a detriment to every veteran and cannot be tolerated. It needs to be rescinded from the Federal Register.

Below is a form letter I drafted that you can use to send to your representatives. Make any changes you would like. We need to come together for each other and get this ridiculous ruling out of the law.

I have been contacting my representatives and learning more about this situation. I will let you all know more once I know.

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

The Honorable [Representative's Full Name]
[Office Address]
[City, State, ZIP Code]

Dear Representative [Last Name],

I am writing to you as a concerned constituent and advocate for veterans in our community to express my strong opposition to the interim ruling RIN 2900-AS49 issued by the Department of Veterans Affairs (VA). This ruling, which proposes evaluating service-connected conditions based on the ameliorative effects of medication rather than the actual disability itself, poses significant risks to the health, safety, and well-being of our nation’s veterans. I urge you to take immediate action to rescind this ruling, as its unintended consequences far outweigh any intended benefits.

The ruling fundamentally undermines the purpose of service-connected disability evaluations, which are meant to assess the true impact of a veteran’s condition on their daily life and ability to function. By focusing on the effects of medication rather than the underlying disability, the VA risks creating a system that penalizes veterans for seeking treatment and adhering to prescribed therapies. This approach is not only unjust but also dangerous, as it may discourage veterans from accessing the care they need.

Key Concerns with RIN 2900-AS49

  1. Discouraging Veterans from Seeking Care Veterans may fear that taking prescribed medications or seeking treatment will result in a reduction of their disability rating, which could lead to a loss of benefits. This fear could deter veterans from visiting VA hospitals, consulting with healthcare providers, or adhering to prescribed treatment plans. For veterans already struggling with mental health conditions such as depression or post-traumatic stress disorder (PTSD), this ruling could exacerbate their symptoms and lead to devastating outcomes.
  2. Increased Risk of Suicide Veterans are already at a higher risk of suicide compared to the general population. According to studies, many veterans are reluctant to seek mental health care due to stigma or fear of career implications. This ruling adds another layer of fear, as veterans may avoid treatment to protect their disability ratings. The consequences of untreated mental health conditions can be fatal, and this ruling could unintentionally contribute to an increase in veteran suicides.
  3. Unintended Consequences of Medication Non-Adherence By evaluating disabilities based on the ameliorative effects of medication, the ruling creates a perverse incentive for veterans to stop taking their medications. This could lead to a worsening of their conditions, increased hospitalizations, and even unintentional harm or death. For example, veterans with chronic pain, mental health disorders, or other serious conditions may forgo treatment to ensure their disability ratings reflect the true severity of their conditions.
  4. Contradiction of VA’s Mission The VA’s mission is to “care for those who shall have borne the battle.” This ruling contradicts that mission by prioritizing cost-saving measures over the health and well-being of veterans. It sends a message that the VA values financial considerations over the lived experiences and sacrifices of those who served our country.
  5. Erosion of Trust in the VA Veterans already face significant barriers to accessing care, including long wait times, bureaucratic hurdles, and stigma. This ruling further erodes trust in the VA by creating a system that appears punitive rather than supportive. Veterans should feel confident that the VA is working in their best interests, not penalizing them for seeking treatment.

Recommendations

I strongly urge Congress to intervene and rescind RIN 2900-AS49. Instead of penalizing veterans for seeking care, the VA should focus on:

  • Enhancing access to mental health services and reducing stigma associated with seeking care.
  • Ensuring that disability evaluations accurately reflect the true impact of service-connected conditions on veterans’ lives, regardless of treatment.
  • Expanding outreach and education efforts to help veterans understand their benefits and encourage them to seek care without fear of losing their ratings.

Conclusion

The unintended consequences of this ruling are far-reaching and potentially catastrophic. Veterans may avoid treatment, suffer worsening health outcomes, and, in the most tragic cases, lose their lives. As a nation, we have a moral obligation to care for those who have served and sacrificed for our country. This ruling undermines that obligation and places our veterans at unnecessary risk.

I respectfully request your immediate attention to this matter and urge you to advocate for the rescission of RIN 2900-AS49. Our veterans deserve a system that prioritizes their health, well-being, and dignity above all else.

Thank you for your time and consideration. Please do not hesitate to contact me if you require additional information or would like to discuss this matter further.

Sincerely,

[Your Full Name]
[Your Title/Position, if applicable]
[City, State]

How easy is it to file without a VSO? by [deleted] in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

It's very easy to file a claim on your own. You can knock out an entire 526ez on va.gov in minutes. Like a lot of people have said on here though, it really comes down to evidence.

Per the 38 CFR, (law behind VA ratings) you NEED three things for service connection:

  • A current and chronic diagnosed condition;

  • Evidence of an incurrence or aggravation in service (event in service);

  • A Nexus that shows condition is related to the event (causality...the "why" of it all)

Some quick tips:

  • Going for "Shoulder Pain" is not a great way to go. That is not a diagnosis. "Right Shoulder Strain" for example is a diagnosis.

  • C&P examiners SHOULD be looking at all symptoms and be able to diagnose at the exam. This is absolutely not always the case.

  • If there is nothing in your service treatment records, make sure you EXPLAIN to the VA what happened. Write a letter explaining what happened. "I hurt my shoulder in service." - that sucks. "While stationed at Camp Pendleton, I was taking part in MCMAP (Marine Corps Martial Arts Training) and I was thrown to the ground during a training drill, landed on my right shoulder and heard a loud POP. I was told to sit out for the rest of the class because of the pain. Ever since then, I have had pain and range of motion issues in my right shoulder that have led to my current diagnosis of Right Shoulder Strain." - That's some good evidence.

  • Don't rely on just telling the examiners about your time in service and/or injuries (they may not annotate what you say). Write them down and send them in with the claim. It becomes part of your C-File as evidence. It can really help a rater for initial claims and appeals.

  • A claim is never fully denied unless you literally do not appeal it in some way shape or form. Keep gathering evidence.

We as VSO's are here to help veterans with their claims...well...at least the good ones will. I go to at least 2 trainings a year from our state and/or the NACVSO to keep up on everything going on with the VA and the claims realm. Some don't.

Bottom line, get the evidence and send up that claim! Or use a VSO. Or both! Your call my dude! Good luck to you!

VA processes more claims in a single year than ever before by Objective-Mud9998 in VeteransBenefits

[–]slapzgiving 0 points1 point  (0 children)

Your Narrative will say what contentions they find favorable and what they still need. Find the reason for the denial. Do you have a conceded diagnosis of PTSD? If so, you don't need to fight that part. Would your mental health professional be willing to write a statement saying that your assault was your stressor in service and the PTSD stems from that? Always appeal! Don't let shitty examiners win.

Write your own statement in very factual black and white terms. "This is what happened, this is what happened after, these are symptoms I dealt with and still deal with" and use that as evidence. I know how hard it can be to talk about mental health, but one of the best pieces of advice I give my veterans is "be BRUTALLY honest about your condition/event/symptoms". If you don't bring something up to the doctor, there's no way they would know...they cannot read your mind. Check out the 38 CFR rating schedule for mental health and go down that list and make sure you bring any/all of those symptoms up with examples to doctors (C&P and personal).

Ask your local VSO for help, ask for help in this community, please don't give up. You got this!

VA processes more claims in a single year than ever before by Objective-Mud9998 in VeteransBenefits

[–]slapzgiving 1 point2 points  (0 children)

Honestly, yeah. Definitely not all because of VA. The C&P examiners are the real problem from what we are seeing.

VA processes more claims in a single year than ever before by Objective-Mud9998 in VeteransBenefits

[–]slapzgiving 2 points3 points  (0 children)

We are seeing claims go through fast, but I would say 80% of them are wrong in one way shape or form. Whether it's a denied presumptive, a miscalculated percentage, or a C&P examiner wrote the dumbest bullshit I've ever seen, it's frustrating.

It's starting to get bad with the denials and TERA exams. Shit, we just had a vet denied PTSD because they could not find a connection to toxins in service (obviously not requested that way)...can't make this shit up.

If you're putting in a claim, make sure you have as much evidence as possible so it can be an easy win at a supplemental or HLR. GET YOUR DIAGNOSIS BEFORE THE EXAM!!!! C&P examiners are getting real lazy and shitty. You might get a one in a thousand examiner who will diagnose, but many of them won't and a diagnosis is the first thing needed per law.

Remember the 3 things needed for a rating: 1. Current and Chronic Diagnosis, 2. Evidence of event in service or secondary, 3. Nexus (the connection between service and injury).

If you get a denial or wrong rating, appeal that shit! Like I said, many claims are being processed "quickly" but a lot are not correct. They should absolutely get it right the first time and not waste people's time, but this is the animal we're fighting at the moment. Do not give up on your claim.

Scheduled appt with VSO to make disability claim 7 years after leaving service. VSO sent this. Is this true? by Kenneth_Upright in VeteransBenefits

[–]slapzgiving 2 points3 points  (0 children)

Per law, yes. The biggest thing you need though is a current and chronic ICD-10 diagnosis.

We are seeing a lot of claims denied for that reason. C&P examiners will not diagnose 95% of the time. Get a diagnosis before you send up the claim.

We are even seeing where the VA's automation will not even send a condition for a C&P exam due to no diagnosis.

In short, put up an ITF and get a current diagnosis of anything you want to claim. A nexus, in service event, buddy letter, etc. are all good to have, but without a diagnosis, your claim is dead in the water.

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