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Military.com Forums Sound Off! Tom Philpott Benefits Column - Sound Off! New Disability Board Disappoints|
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New Member |
When I had retired from the Navy in 1993 they gave me a 10 percent disability rating and put me in the permanent disabled retired list (PDRL). Prior to retiring, I had spent 3 1/2 months in the Landstuhl Army Regional Medical Center in Germany and a year at Portsmouth Naval Hospital. This isn't even mentioning my time in several other military hospitals for various followup surgeries. Does this sound like a 10 percent warrented rating? After 30 plus major surgeries,I would have thought I would have rated higher. The VA now has me rated at a 100 percent service connected, but I lost over $200,000 due to the concurrent pay issue. DoD will always put their budget ahead of the servicemember!
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42years nothing has changed.lie cheat steal thats what they do.it's like your fighting the enemy.you put your life on the line,your wounded and now the rest of your life will be a challange.never in your wild did you think your country would be your biggest hurdle.it's like going before william ayers.your just a bad number.i have multiple schrapnel wounds to both feet and legs.the idoit that had my case said my left leg was wounded with a powerful weapon because the medal went through so he rated me 20% for that leg and ten percent for the other because there were no exit wounds.are they for real.with 10 search&destroy missions with 1st bn,1st mar,1st mar div,delta com. 68-68 they said i could not have ptsd because i didn't recieve a silver star.they have to take these ratings out of the hands of people that hate us.the anti war layers making these dicisions is not working.it's easer to get welfare or a save the rat grant.the disabled veteran deserves more.we want real change not more lip service.these people making these decisions haven't the guts to have walked in our shoes.being a soldier in combat is like having been in a horrible accident and walking away but knowing your going to be in another soon but the outcome for you probably won't be the same and what left when you go back home after experancing this more than a dozen times till it gets you.these people have no idea what it's like.unless you've been through it you can not immagain.
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New Member |
The U.S. Government has become a mess of politicians who are so enamored with themselves that they have forgotten what they were elected for. They no longer care about the people they allegedly represent, they are merely concerned with lining their own pockets, to the tune of 4 billion dollars at last count. As for the effect this has on veterans the article makes it quite apparent that the politicians pressure the lower level decision makers and the Federal gets balanced...on the backs of the veterans. The new President has said repeatedly that he would cut military spending, welcome to one of the areas to be cut. Can retired pay be far behind?
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When I retired from the Air Force in Dec. 07, The AF borad gave me a medical rating for my back at 20%. Not 6 months later, the VA rated the same disability at 40%. Now what happened in that 6 month period???
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Experienced Member |
Just two points:
1) I hope the veterans and active duty that voted for Obama are now happy with their choice. 2) For over 35 years I have been proudly telling younger generations that they cannot go wrong by enlisting in the military. I will continue telling people how beneficial the military can be to the person as a whole, but if he or she gets hurt on duty, combat conditions or not, they are on their own. It is probably a good bet that in my lifetime I will see the VA Medical Centers privatized, and retirement packages be reduced to a cheap gold-tone watch. |
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New Member |
When you think that you have heard every nightmare story about how this nation treats it's Veterans one more screw job comes along.
There is no consistancy in the way that the DVA considers disabilities. In some areas of the country there are folks that are fair and equal, but in others there is much that needs changing. I retired in 1975 and applied for the U.S. Border Patrol and Postal Service. I applied for a disability due to injuries that affected my life. I was rated as 30% which helped when point were added to my passing grade for Federal employment. I could not get hired because I had to give back some of my retirement due to the Duel Compensation Law, i.e., cannot have two federal incomes without returning a % of retirement pay. I do not believe that law is still on the books today. I applied for compensation for PTSD in 1978 which was denied. I went before board of "specialists" that basically said that my symtoms were typical of someone my age, experience etc that was a non Veteran. Finally the demons of PTSD were winning the battle and I went to the VA Clinic in Las Vegas, NV and the process was restarted. One thing that I found out was what I was telling the therapist at the Compensation and Pension hearing was not being written down and or something different was being sent to the DVA. I would repeat what I felt and how it was affecting my life and my family. I checked in with the Veterans Center and started individual and Group Counseling. Finally I was winning the fight with the demons. I just wanted to feel better. It wasn't about money and if it was there was none to be had because I was retired and at that time could not be paid both retirement and disability compensation. Concurrent Receipt was not allowed. Finally after 10 years of group and individual counseling, medication and 90 days at Loma Linda Veterans Hospital I was awarded 100% disability compensation. My circumstances are not unique as on can discover from other Veterans at Group meetings. Basically what I expressed in my first hearing is what I was found to have. In my opinion one of the most important areas of PTSD is how does it affect your daily life? It has been a very long road with suicide in mind, anger followed by rage and violence and turning into a plant. I did not do it by myself, my wife stuck with me, other Veterans listened and it found that most of us felt the same way and we were not alone. It is very difficult to do it alone. Other Veterans that were aware about events in combat in writing are important. Not giving up is easy to tell someone, but actually hanging tough is extremely difficult. What is your daily life like? Do you self medicate with alcohol and weed on top of presciption medication? I submit this to let you know that you are not alone, the feelings of PTSD are real to you. Good luck and stay with it. Find someone that will help you jump through the hoops. Semper Fidelis. A 100% Disabled Retired Marine. |
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New Member |
At the time of my Medical Discharge from the U.S. Army in August of 2004 I was low balled with only 10% due with severance pay after 16 years 5 months 2 weeks and 3 days. At the time of my discharge I had multiple medical conditions, but was only medically discharged with one medical condition and the rest I was told would be addressed though the Department Of Veterans Affairs once I was medically discharged and could follow up with them. As of this date I am currently rated at 80% due to the same service connected injuries I had at the time of my discharge but was never rated for by the DOD. I am now working on getting to 100% because of my service connected medical conditions has caused new medical conditions and have worsened others. Now my point being I was rated only 10% by the DOD in August of 2004 and 80% by the Veterans Affairs in July of 2008, so yes I say I was low balled hard by DOD and know I will never see any of that money nor will they change my rating. I agree with the statement that Young Men and Woman Once you become hurt and un-useable to the military they wash their hands of you and toss you out with the trash as long as you remain fit you are a hero. So heed my warning once your hurt to the point they will medically discharge you “Good Ole Uncle Sam” turns his back on you in walks on.
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I hope your good bet (VA Medical Centers being privatized) never comes true - because as has been found on the civilian side of health care, medical care for profit is a contrary to the patients interests... |
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New Member |
Thanks Mr. Philpott for the great column. I have gone from being gracious for anything he VA will help me with since my medical discharge to realizing that overall I have lost much, much more than I ever realized. This board is the one thing at the moment that could be a great positive in my life and it seems like its dissolving in front of me. I have read the original law by the congress and it bewilders me as to how they can take so much out and interpret the law so much different that its original meaning.
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New Member |
Time for a complete OVERHAUL about how the DoD and the DVA handle their disability percentage adjudication process.
BOTH need to go full bore digital with USB and DVD hard drive discs so that ALL tests, exams, x-rays, MRIs, cat scans, lab work, surgeries, prescriptions, therapies and notations are NEVER LOST ! Is getting both bureaucracies to use similar if not identical forms too much to ask ? ( not cost effective if you're a bean counter ) Then there's that GRAY AREA where the med pros are up against paper pushers/admin types who's bottom line is to keep things WITHIN the fiscal year budget instead of taking care of the wounded with world class care. This attitude of "make the process so difficult and frustrating that the vet or troop quits trying" has worked well for these pencil pushers since 1946. Don't you think its time the entire system got a SERIOUS overhaul, just to save the taxpayers MILLIONS in admin delays, unwarranted deaths and benign neglect ? |
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New Member |
Obama's predecessors and previous congresses did not reform the VA. The VA has an over fifty year history of stiffing veterans with not providing prompt and other than minimalist medical care. Disability claims-- The VA has demonstrated that tactics of denial or delay or "lowball" are part of it's standard practices toward disability claims. The institutional attitude of the VA towards medical care has at least some of the cost reducing methods used by HMOS even if it is to the determent of the patient/veteran.
To me, the government, congress, and particularly the VA has dishonored the entire nation by treating veterans as if they should just "go away" and die so that compensation benefits don't need to be paid.
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New Member |
 i was in iraq in 03-04, lost a lot of my eye sight and hearing.i get 10% and the ****** told me it was because of my age.i went when i was 55.i live in ohio and went to canton clinic and then brookpark in cleveland.i tell the younger generation about this and they say they will never join.i retired from the army after 22 1/2 yrs.i really love the military but i will never talk anyone to join UNLESS the USA.is attacked.this is how ****ed i am.sorry but the truth is the truth and if i have offended anyone. thank you for your time to let me let go of some steam.. a ret sgt |
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http://www.military.com/features/0,15240,185783,00.html
The problems with the PDBR were in place long before the current president was even elected to office. Last summer, DoD made the decision for the PDBR not to enforce VASRD standards for cases decided before January 2008. The problem of DoD not rating per the VASRD, as required by law, goes back decades; See Hordechuck v. US from 1959. Below is synopsis from a 2004 court case that illuminates the numerous court decisions from the past that have continually stated DoD must rate per the VASRD. Michael Parker Wounded Warrior Advocate McHenry V US (367 F.3d 1370 (Fed. Cir. 2004), ruled on this requirement as follows: “The statute mandating the creation of the VASRD requires only the Secretary of Veterans Affairs to apply the guidelines, see 38 U.S.C. § 1155 (2000),[7] but 10 U.S.C. § 1201 requires that disability ratings by the Secretary of the pertinent military department be based on the VASRD schedule. Section 1201 provides: “Determinations [that a service member is unfit for duty because of a physical disability] are determinations by the Secretary that . . . the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination . . . .” 10 U.S.C. § 1201(b) (emphasis added). Section 1204(4)(B), involving disability retirement for service members not covered by section 1201, Similarly requires that disability ratings be based on the VASRD schedule, using the same language as section 1201. See also 10 U.S.C. § 1203(b)(4). In Thompson v. United States, 195 Ct. Cl. 468 (1971), our predecessor court held that section 1204(4)(B) requires the Secretary to apply the VASRD in rating disabilities. Id. at 477; see also Hordechuck v. United States, 144 Ct. Cl. 492, 495 (1959). The court noted that the statute “requires by specific reference, that the rating of disability be made ‘under the standard schedule of rating disabilities in use by the Veterans Administration.’” Thompson, 195 Ct. Cl. at 477 (quoting 10 U.S.C. § 1204(4)(B)).[8] “[T]here [is] no authority for reducing percentages beyond those found in the schedule itself.” Wolf v. United States, 168 Ct. Cl. 24, 32 (1964). Although the armed forces must use the VASRD guidelines when the service member’s disabilities “come within” them, the Secretary may make upward departures from the VASRD guidelines in particular cases. Id. at 31-32; see also Finn v. United States, 212 Ct. Cl. 353, 356 (1971).[9] These same rules apply to the identically-worded section 1201 involved in this case.” |
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New Member |
We all (Vets) need to take care of our own. When I got injured I went back to my ship after 6 months in the Naval hospital and told my D.O. that they were going to get me out on disability and he told me to hire a civilian attorney. He went on to explain why and I have to admit my jaw dropped to the deck. I could not believe that was going on until he told me about other sailors who were getting out on 10% and were actually 100%. So, I hired a civilian attorney and got 100%. Later when I was going to the Doctors for follow-up visits, my DR told me I was lucky, He was prior service and he told me pretty much the same thing that my D.O. told me. I cannot imagine this happening to Service members but, I know it does. It seems like when your at your Disability Rating Meeting, standing there in front of 3 Captains, they try to intimidate you and hurry you in and out as if your just a number. I heard about them losing medical records so while I had mine in hand I had them photo copied at kinko's and put on a cd. If they ever tell me they lost my medical records, I have mulitiple copies and a back up on CD. I guess we can't trust the Govt.
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New Member |
This just in......
At today's Senate Wounded Warrior hearing, DoD stated they were making major changes to the PDBR 1. All conditions sent to the PEB are available for review by the PDBR regardless if the PEB found them fitting or not. 2. The PDBR will rate per the VASRD in effect at the time of separation and that conflicting DoD and Service rating criteria will be ignored. See the testimony of General Meurlin beginning at about 429PM EST. http://www.c-span.org/Watch/Media/2009/04/29/HP/A/18006...arrior+Policies.aspx Mike |
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New Member |
UH34D- In the last DAV magazine one of the stories was how a young VSO (But everyone seems younger!!!) got the 10 year caregiver rating to a servicemans wife who had taken care of him (At 100% for actually much longer than the ten year required neccessary time limit for her to get the legitimate continued VA payments she was due. Because at his first turndown before they started the appeals process age was given as a reason for the turndown. You are 100% correct that there is a rule somewhere that age cannot be used against you. The rule # is given in that article but I can't find my copy of the magazine.
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"Has Been 5" Lead Moderator Sound Off Forums  |
I certainly hope the private sector does not take over the VA Medical Centers. I am as strong as possible advocate of the VA Healthcate system and an advocate of it being improved. However if you review the presidential campaigns of last Novemeber it was the opinion of Senator McCain (whom I voted for) was the one who suggested a plastic card be issued to disabled veterans for healthcare. that was not what I wanted to hear, but all in all his VA positions appeared to be the better of the two. I have great fear of we veterans losing what we have and it well could be in some of those posting here lifetimes. Since 2003 I have lost eligibility to VA Healthcare, due to my non-service connected disability status and my income. The only remaining benefits for me are a headstone, or possibly burial in a VA cemetary The major advocate force for veterans are the VSO's who are losing popularity. If they fail, veteran issues will be left to the politicians. I will cast no stones. Another proud member, Derelict Veterans Group. “OF MUNERIS UT TOTUS”  |
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Experienced Member |
There are no age restrictions for a veteran filing a claim...and that was my point. If what this veteran posted is true, I would want to see him obtain a statment from the VA rep who told him his age was preventing him from either filing a claim or age having anything to do with the percentage rating for a service connected disability. My guess is, the person would never sign the statement...unless they were deficient in the brain housing group.
S/F Gordon _____________________________________________
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Military.com Forums Sound Off! Tom Philpott Benefits Column - Sound Off! New Disability Board Disappoints
