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Veteran's Issues
Disability Compensation
Can a spouse contest husbands VA rating decision?|
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------------------- Founding Member ------------------- Eres Tu! Freddy |
Yep. I would estimate that the average PTSD award is 50% - 60%. Then you have about 25% with a 100% award...SO...DO NOT QUIT !! It may be a battle but all battles end. Settle for WHAT YOU think is a fair compensation, not what others tell you..::Staying within the rating schedule:: of course. |
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New Member |
I hope somebody reads this I am sooooo worried.
we have fought and fought for my husband to be awarded more than 20% for a gunshot wound to the leg and he has shown so many signs of PTSD. I never knew what his symptoms were about until reading posts on the web. Now he is so PTSD that I have a very hard time living with him....sometimes I feel like applying for PTSD and suing the VA (like smokers did for cancer way back when) just for living with him. He is so against the doctors at the va as they say his leg is fine....(small fragments of shrapnel in his leg) don't hurt him according to the doctors, he walks with a cane,( falls down at times if he doesn't have it) has nightmares and speaks in a foreign language (that I don't recognize)...and we have a notebook the size of a portland oregon phone book of paperwork that we have done for his disability to see if we can get an increase and NOTHING works....any ideas out there? THANK THANK YOUYOU for defending OUR COUNTRY Virginia << Mod Note - Email removed -Per TOS >> This message has been edited. Last edited by: Dave_M, |
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Lead Moderator, Veterans Issues Forums davem-milcom@cinci.rr.com Founding Member DVG |
First you can not sue the VA. The VA has a claims process that at times can he hard to navigate. They admit it and the Veternas Organizations have a wonderful team in place to help veterans navigate the claims system.
They are called Service Officers. Titles include VSO, NSO and CSO (Veterans, Natiuonal and County). Groups like DAV, AMVETS, American Legion, VFW and others provide these FREE services to veterans who need help with claims before the VA. Dave Barker provides this basic summary of what it takes to win a VA case: 1. a disability incurred or aggravated by active duty; 2. verification of the event and treatment with diagnosis in the presumptive period; 3. a nexus to the current disability; 4. the validity of the disability under 38 CFR; 5. treatment records showing continuity from the event to current treatment. There is much information to help you in our FAQ section. FAQ Table of Contents |
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New Member |
Hi there Dave,
THANK YOU FOR SUPPORTING OUR COUNTRY. I know I cannot sue the govt...I was just angry about what has happened to hubby. I would never try to sue since there is so much going on already. I know better....just wanted to vent. Thank you and we will keep fighting. I know in my heart he has PTSD BAD but someone else will diagnosis this. We are now paying for private counseling for him. Today we go to Lake Oswego Oregon for a session. Thank you all for all you do on this forum. I hope I can pass this site on to all other vets that do not know about this. I found it by total mistake and am making a flyer to hang at the employment office, stores and any other place legally that I can hang flyers. THANK YOU AGAIN. |
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Lead Moderator, Veterans Issues Forums davem-milcom@cinci.rr.com Founding Member DVG |
Take the diagnosis from the private doctor. Have you hubby schedule an appointment at the VA and discuss that with a doctor their. They should refer him to the PTSD program at the VA. Go through a few session and meet with a VSO to file a request to have his claim reopened for compensation.
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New Member |
THANK YOU FOR SUPPORTING OUR COUNTRY and this site.
I will ask for copies of the report to add to our file. Steven has been thru so much that I can see him now....sitting there and not saying much about what he saw in Nam...he never does. Thank you for answering my posts. Are we allowed to email privately or must we post everything here? I saw my email addy removed and now I understand most of how this fourm works but am just learning so bear with me. |
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Lead Moderator, Veterans Issues Forums davem-milcom@cinci.rr.com Founding Member DVG |
It is best to do stuff on the forum. The are others that can add much more than I alone. We work as a team in helping each other, and that is best done here. If there is a specific issue then I will ask you to email me for review or to forward to Dave Barker. So lets keep it here for now.
Dave |
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New Member |
Thank you,
we are headed to the counselor now...will keep it posted here... |
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------------------- Founding Member ------------------- Eres Tu! Freddy |
MY FRIEND I have been "mulling" over your posts for a week. Your "Spouse" is a Vietnam Vet. Both you and him have tried (Portland size phone book) to get his disability comp raised and "Nothing worked" These are your quotes, for the record. He is in receipt of 20% for a gunshot wound, and here is what I fail to understand, please fill in the blanks as follows: (1) You state "Doctors at VA say "Small fragments" are not painful..or words to that effect, so he dislikes the VA? But what you didn't state is "What shell fragments?" He is in receipt of comp for a gunshot wound, shell fragments are not the same. So my 1st question is..Does he still have shell fragments and why wasn't that ever rated? (2) Why do you have a phone book size folder of claims, and what specifically are they for..You say "Nothing is working" my question would be "What are you trying to make work?" If they consist of requests for increases, then I am sure that the VA has also provided in their denials, exactly why they were not approved...SEE: DAVE_M note of the CFR...for it places specific disability percentages for each disability which cannot be exceeded..I am referring to the gunshot wound you posted. The "Shell Fragments" I understand, I still have one in my left knee bone (medical terminology ommitted) which the VA NOW can and likely will operate on when I decide to finally have the surgery done, but the technology wasn't there years ago, so for that for instance, I have a rating of 40% BECAUSE of the pain, and it is excruciating..I fully understand..Having said that. You have not posted that there are 2 separate issues, so ARE THERE 2 and not 1? (3) PTSD..my 2 cents: No matter what he does, nothing will really count for much of anything UNLESS he makes an appointment with a VA Mental Hygiene Clinic and begins to see a Psychiatrist. The VA Raters can easily access the VISTA records and see his diagnosis, prognosis and treatment..While there is nothing wrong with seeing a civilian specialist and having those records placed in his folder at the VA, he will always still very LIKELY be denied over and over until he is in SOME TYPE of treatment program, whether it be the VA Shrinks..a Vet Center, something that is VA sponsored. I have no reason to doubt that he would have PTSD, but I also know that he(you) must provide for the link (nexus) between his wartime service and his PTSD, and the VA Shrink will play a very important role in helping you establish that. DAVE posted the best advise for you..in that you need some help...Although I normally take a neutral stance..You would benefit greatly by seeing a VSO. DAVE_M posted them above. You don't have to answer me at all...more importantly though is that you be able to answer for yourself the questions I posted..The VA is nothing more than a huge paper pushing machine that checks for all the t's crossed and i's dotted, so the questions i POSTED may insult you, although they aren't intended to. I am sure the VA has the same. I wish you the best and thank your husband for his service, he is owed allot. Eres Tu! |
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Military.com Forums
Veteran's Issues
Disability Compensation
Can a spouse contest husbands VA rating decision?

