VA benefits after waiting 57 years

Aneeda72

Aneeda72

Well-known Member
Yup, back for a few words, and yes I’m still alive. But I’ve had a horrific year.

I joined the Woman’s Army Corps in 1964, was honorable discharged in 1966 for a medical reason. Applied for VA benefits first in 1967. Repeated filings received the same answer, NO.

This year I called an attorney to ask for help with one of my husband’s filings. (Yup, still married to the same jerk.). The attorney said “I’d rather take your case.“. Why not, I thought. It can only be another NO, as it’s been NO for 57 years. And the first answer was no. Then the VA said there were errors. What? The VA made an error? Is the sky falling?

Ten issues have VA errors, in other words, everything I filed, the VA screwed up. Lots of ACE exams, some in person exams. The first issue 0% disability rating, but service connected. Appealed to a higher authority. The process took months. October first, 30% disability, which is the highest rating possible for this particular medical problem. Back pay limited to last filing, so not back paid for 57 years; but back paid for a few months. Ugh.

Six other issues are at the Board of Appeals-which can take years. Course at 78 hears old, i don't have years. Got the letter today-my appeal is advanced based on my age. Doing the happy dance.

My point, dont give up, get an attorney, and get the benefits you are entitled to.
 

My attorney informed me that the VA has service linked another disability. I have not yet got the letter. But I will now be at 60% disability. Such a relief! All my medications will now be free. Imagine a diabetic medication that would have cost me 541 dollars for a 30 day supply and I only receive 999 dollars in social security. At 30% it was 11 dollars, That medication is now free.

While the money I will receive at 60% will also keep me housed should my husband die before me. This is also critical since I do not want to live with either of my capable adult children and be a burden on them.

I am so relieved. While I am still waiting on the other issues that I filed on (I should be at 100%); even if that doesn’t happen my future is much more secure than it was 2 months ago. Course, 🙄, certain aspects of the political situation might become concerning. But there’s always a cloud or two in a sunny sky.

It is upsetting that the things I filed for decades ago and were consistently refused, when filed by an attorney were approved. Should have got an attorney much earlier. I urge everyone whose been refused VA benefits to do so.
 

Aneeda72 said:
My attorney informed me that the VA has service linked another disability. I have not yet got the letter. But I will now be at 60% disability. Such a relief! All my medications will now be free. Imagine a diabetic medication that would have cost me 541 dollars for a 30 day supply and I only receive 999 dollars in social security. At 30% it was 11 dollars, That medication is now free.

While the money I will receive at 60% will also keep me housed should my husband die before me. This is also critical since I do not want to live with either of my capable adult children and be a burden on them.

I am so relieved. While I am still waiting on the other issues that I filed on (I should be at 100%); even if that doesn’t happen my future is much more secure than it was 2 months ago. Course, 🙄, certain aspects of the political situation might become concerning. But there’s always a cloud or two in a sunny sky.

It is upsetting that the things I filed for decades ago and were consistently refused, when filed by an attorney were approved. Should have got an attorney much earlier. I urge everyone whose been refused VA benefits to do so.
Click to expand...
That's good news!
 
Twostep said:
If I am not too curious - what was your medical discharge based on?
Click to expand...
Women Members of the ARMY, back in the day, were discharged if they became pregnant. Even if married, which I was.

Despite having a miscarriage, I was discharged for being pregnant-even though technically I wasn’t.

As a side note, I had a D&C on a Friday, and was expected back to duty on Monday. No therapy, psychological or any of kind of support, was offered. Once back on duty I was notified I would be discharged. And I was.
 
Twostep said:
I feel for your pain. Therapy, support for a dnc?
Click to expand...
What? Sometimes you read a response and you think, “What the heck is this person thinking about? What the heck don’t they understand?” And then you remember sometimes us old people cannot connect the dots. Twostep, are you male or female? It matters in your understanding of my situation in 1966. Were you ever in the military?

I would have just turned 20.

I have not thought about this in decades. I certainly didn’t understand things as they were happening so many decades ago, and avoiding thinking about the issues or even remembering those issues. The remembering is still a struggle for me. Although, this was one of the most pivotal moments of my life. Strange how certain moments in time decide the course of your entire life.

A single question from a person in the DVA (an organization I don”t recommend) brought back certain memories. Those memories connected some of my dots. So let me connect the dots for everyone.

I suppose it’s an interesting story.
 
First, I planned for a career in the Army my entire life. I joined on my 18 birthday. Certain things occurred and it became clear Army life was not for me. My memories during this period of time, 1966, are traumatic and some are missing so the time line can be difficult.

I married while I was leave, was transferred to a Fort to be near my first husband before he deployed. Since I do not remember him being present during this period, I assume he had been deployed. He was navy, serving on an air craft carrier, off the coast of Vietnam.

Why would I need therapy and support for a D&C?

I had a D&C because I had a miscarriage. My baby had died. I had just transferred duty stations so no personal support system; no husband available (my husband had deployed with the knowledge that if he died there would be a little one for me and his parents, and all the hopes and dreams that go into such a situation), and I was alone.

Dealing with my feelings. Dealing with all the things we had discussed, course we wanted a boy. Staring at the few baby things we had shopped for before he left. Writing the letter to let him know, there would be no baby. Not knowing if he would even be alive to get the letter. And on and on and on.

Course, I didn’t need psychological therapy and support for the D&C, I needed therapy and support for a dead baby. I don’t know what they do now, but back then, the pieces of the baby that they scrape out of you, those pieces were thrown into the trash.

Within a couple of weeks, I was discharged.

The depression was crushing.
 
Such difficult times, you've had. We've lived thru so much.

Glad to see you and to hear you are still alive, and the recent developments on the benefits that will help you in multiple ways!

I am curious, how does the attorney get paid? Who pays them, in a case like yours?
 
Kaila said:
Such difficult times, you've had. We've lived thru so much.

Glad to see you and to hear you are still alive, and the recent developments on the benefits that will help you in multiple ways!

I am curious, how does the attorney get paid? Who pays them, in a case like yours?
Click to expand...
You know this worried me at first as well. I had seen and watched all the on TV advertisements concerning attorneys who take VA cases. I googled VA attorneys for Utah, and his name came up. As I think I explained I was actually looking for one for my husband to try and get an increase on one of his disabilities.

We talked, he said he'd rather take my case. I lucked out 😊.

These attorneys are approved by the VA and only take VA cases. If you get any back pay, they get 20%. The VA takes their fee out, sends it to them, and sends you the rest of the back pay. No back pay, no fee. There are no expenses billed, unless you need an outside medical opinion and you have to sign a form, with the attorney, agreeing to pay for the fee for the outside opinion. But only if you win. If you do not get a rating, then the attorney pays for the outside opinion.

Example: you file for benefits in July. Takes six months for the VA to made a decision. If favorable, you get 6 months back pay. The VA holds and pays 20% to the attorney, gives you the other 80%. If the attorney got an outside opinion, and you agreed to pay for it, then after you get the money from the VA you send the attorney the fee.

If you don’t get a rating, and you don’t get any money; then the attorney doesn’t get paid. You don’t owe the attorney anything. And he has to pay for the second opinion and can’t bill you.

The most common rating is 10%-about 171.00 a month. My son applied. Had he used an attorney, he didn’t, the attorney would have gotten 20%. (He used his mother 😂). But my son’s case, for tendinitis, was rated in 6 weeks. My son got 171 dollars in back pay. The attorney would have gotten 28 dollars. (He didn’t pay me 28 dollars though). But, yes, my attorney does take these small cases as well.

I filled out all the forms for my husbands rating and mine over the years. We used no attorney. His filings were approved. He's a boots on the ground marine Vietnam vet. Lots of presumptive issues, no problems. But his inscrease for one disability was denied. 🙄

I was never successful, for me, until I got an attorney. I filed for benefits several times.
 
Thanks for this information because it can help any veteran reading it. I have been a volunteer veterans advocate for decades and President Trump in 2017 ,along with Secretary Shulkin former VA Sec they put into 38 USC exactly what I requested that they do .It involved a new regulation regarding Title 38 USC and M21-the VA claims .manual and it helped many vets since. It regards CUE claims. CUE Clear and Unmistakable Error.
.
If VA makes a Legal error in any decision to a claimants detriment they can file a claim of legal error at ant time
The past regulation said only within one year of decision could a CUE be filed. I had Many CUe Claims as widow and filed them within days of decision and I won them all and never had to appeal or wait years for my appeal to be granted. But In one case long ago it took them many years to be literate enough to grant that issue. VA IS IN FOR A SHAKE UP! He made a good pick with Doug Collins as new VA sec.
 
Well, I have no comment on the red teams abilities @Widow of Vietnam Vet. 😊. Being a life long member of the blue team. 😂

I received a second rating of 30%. Tiny bit of backpay. 🥺. Regular math 30 + 30 = 60. VA math 30 + 30 = 50. I am at 50%. The difference in pay between 50 and 60, 60 % is about 400dollars more. 😭

I have several issues going back on appeal, one of which I am shocked got denied since it’s on a presumptive list. That one will go through the entire gauntlet of the appeals process. It is in my service records for heck’s sake. Don’t understand the denial.

A few still undecided. Waiting for possible ratings on those.

And based on the burn pit announcement, filed more new claims. I have so many medical conditions. All the burn pit filings are presumptive. So, we shall see.
 
Last edited:
I am surprised that a presumptive was denied-and your EEDs might be wrong (EED earliest effective dates) and could be possibly recovered for retro under CUE filing but I am Red Team for sure and best for me not to comment anymore-as your lawyer should be very well versed in 38 USC 5109 ,s most current regulations.They are in every annual
VB Manual published by NVLSP (☆National Veterans Legal Services Program Washington DC ) a pro Bono law firm who won Beverly Nehmers AO claim which helpedand thousands of vets and their survivors get proper Agent Orange compensation. I commend you for your persistence.and being a Red team member I got my Bill passes unanimously in the Senate and now 3 years later it will pass the house and can and Will save lives of Veterans in the VA health care system,. I wish you the best.

The Bill is s 221 re: VA malpractice if anyone googles it. My husband died due to VA health care and paid dearly for that.
 
Widow of Vietnam Vet said:
I am surprised that a presumptive was denied-and your EEDs might be wrong (EED earliest effective dates) and could be possibly recovered for retro under CUE filing but I am Red Team for sure and best for me not to comment anymore-as your lawyer should be very well versed in 38 USC 5109 ,s most current regulations.They are in every annual
VB Manual published by NVLSP (☆National Veterans Legal Services Program Washington DC ) a pro Bono law firm who won Beverly Nehmers AO claim which helpedand thousands of vets and their survivors get proper Agent Orange compensation. I commend you for your persistence.and being a Red team member I got my Bill passes unanimously in the Senate and now 3 years later it will pass the house and can and Will save lives of Veterans in the VA health care system,. I wish you the best.

The Bill is s 221 re: VA malpractice if anyone googles it. My husband died due to VA health care and paid dearly for that.
Click to expand...
I am sorry to hear about the manner of your husbands death. I know lots of Vets have died waiting for health care from the VA. I am fortunate not to be one. I think female vets are especially ignored by the VA system. But now that I am in the system, I find I am treated very well.

Skin cancer is presumptive for Camp LeJune. My husbands skin cancer was just denied. He was at Camp LeJune for 4 months.

The VA system does lack walk in clinics and I feel that’s a real flaw. Had they had a walk in clinic I wouldn’t have had to go to the ER. A waste of the ERs time as I only need a blood test.

@Widow of Vietnam Vet I only meant I would avoid any indication of a political discussion as I don’t want my site locked. Haven’t voted in a decade or so. Don’t care which team is in charge. I just sit back and laugh at it all.

I think your input is valuable and helpful to others, please don’t stop commenting. My VA errors were “duty to assist”.

The letter I got about 2 month ago said the issue was service related. I actually found the issue noted in a VA hospital record in 1966, when I was hospitalized. I was just waiting for a rating. Now I get a letter saying that it’s considered not service related. Ugh. It’s going on appeal along with other issues. The issue is presumptive for Agent Orange.

The VA denies Agent Orange was at Ft McClellan, Al. I am sure you are familiar with problem. It’s an uphill battle.

But my lawyer, and I, are pressing on-one disability at a time 😊.
 
I apologize if my post this AM was too abrupt .DUTY TO assist errors can be terrible! and often very hard to correct!
DTA is the very essence of the claims process. Aneeda72 ,I know the very first CONUS AO vet.He like you Never gave up. Has your lawyer searched BVA decisions as I am sure a few vets
have proven AO was at Fort McClellan . I will get back to you when I can research the BVA. site later today. BVA decisions often provide good info,as they consider appeals with legal expertise .
Sounds like you have a great lawyer!



I
 
Widow of Vietnam Vet said:
I apologize if my post this AM was too abrupt .DUTY TO assist errors can be terrible! and often very hard to correct!
DTA is the very essence of the claims process. Aneeda72 ,I know the very first CONUS AO vet.He like you Never gave up. Has your lawyer searched BVA decisions as I am sure a few vets
have proven AO was at Fort McClellan . I will get back to you when I can research the BVA. site later today. BVA decisions often provide good info,as they consider appeals with legal expertise .
Sounds like you have a great lawyer!



I
Click to expand...
Yes I have a great lawyer
 
As a now 76 year old Viet Nam era USAF GI, I've never yet used my VA Home Loan benefits but don't expect to have trouble when I do. My monthly SS benefit is high enough to buy something nice in many USA urban areas, but not here in California urban areas. Would need to join with limited assets of a woman that was also in the same situation.
 
The law firm of CCK won a Fort McClellan AO case and the first AO Conus case was that,James Cripps,veteran, proved his exposure at Fort Gordon.
www.bva.gov has some under their decisions link.
BVA Board of Veterans Appeals. Washington DC. and a search at www.hadit.com and reddit veterans disability forums would have more info. Also the Veterans Benefits Network. James won because his MOS brought him to the Fort,s perimeter weekly where the A O
had been sprayed.
 
Widow of Vietnam Vet said:
The law firm of CCK won a Fort McClellan AO case and the first AO Conus case was that,James Cripps,veteran, proved his exposure at Fort Gordon.
www.bva.gov has some under their decisions link.
BVA Board of Veterans Appeals. Washington DC. and a search at www.hadit.com and reddit veterans disability forums would have more info. Also the Veterans Benefits Network. James won because his MOS brought him to the Fort,s perimeter weekly where the A O
had been sprayed.
Click to expand...
You probably know that August 2024 the VA announced there was a burn pit at Ft McClellan. My exposure is now both components of Agent Orange, Agent Orange, and burn pit exposure. All my appeals were sent back to the VA as they have to develop (forgot what’s it’s called) some kind on number that is needed for my TERA exposure. Previous letters from the VA claimed I was not a TERA vet, but I am.

The TERA exposure explains more of the medical problems I have and enabled me to file more claims. The claims the VA denied this month have already been sent back to the appeal board. Others claims are still waiting decisions.

My attorney is very very good.
 
On my first VA appointment I was referred by my primary care to 9 specialists. I saw the Endocrinologist today for my secondary Addison”s disease. I got Addison’s because of my spinal issues, and getting so many back shots for pain. I’ve been in and out of a wheelchair over the years due to my back. I’ve had 2 back surgeries.

I hurt my back in basic training. It’s in my files. Awaiting a decision. My first back claim, decades ago, was immediately denied. This became one, of ten, duty to assist errors. I have several things wrong in my back. The VA should have changed the claim for spinal nerve damage to spinal disc damage due to my records of back pain. They didn’t.

Spinal Nerve damage may not be found to be service connected, disc damage is, IMO. The VA should have helped me use the “right” language. They didn’t. Back issues at L4/5 are presumptive and common in the military. Lawyer refiled for back issues. I’ve now had 2 back exams.

At first I was denied again. It went to appeal. Appeal discovered the duty to assist error, and sent it back to the VA. Re Exam one, denied again. Asked for higher level review, exam 2. Had exam 2 (I am leaving out a lot of other steps that happened). My back issues have had a few name changes as well.

Now the issue seems to be is my back problem age related or service connected. Well, I wasn’t 78 in 1965 when I first hurt my back. Or in 2012 when I first filed. Or many of the years between 1966 and now when I had and have continuous back pain. Although now the disc issue are continuous from my neck to my tailbone. They’ve all ruptured.

This is what veterans go through to get benefits on every single claim. I am still waiting a decision on my back. Then I have to prove the link between the back issues and the secondary Addison disease.

Yup, most veterans give up or die waiting.

But if my husband dies, I’ll be living under a bridge. Which is why when the attorney offered to take my case, even though I was afraid, I agreed. After all I’m not the smartest turnip on the truck. But with 50% disability, if he dies first, I’ll be able to live in my mobile home, be able to get my medications, and have medical care.

Btw, I don’t get back pay to when I first filed in 2012. If successful you only get back pay to the last time you filed. So, a couple months back pay.
 
I didn't know there were so many issues. The army told my Dad that the government will take care of him.
After his discharge from the Korean war, he was denied benefits because there were 7 mistakes on his discharge paper. He was told he needed a correction sheet, which he showed them also. He had tried twice more and was denied each time. He gave up because he had work to be doing (his words).
The only thing he was ever given, was a plaque on his cemetery stone.
 

You must log in or register to reply here.

Back
Top