Where did you see that? I looked and didn't see anything other than the one organized by Richard Myers.
Three St. Mary’s County Family Members Facing Federal Charges For Stealing Over $820,000 In V.A. Benefits Fraud Scheme
- Thread starter jazz lady
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LightRoasted
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From the VA website: "Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses."
It is a "rating" system of compensation due to lost wages and productivity of the veteran due to service-connected issues, and the expenses of paying for any medical needs related to being service-connected. It is not like a disability such as what would be required for getting social security disability benefits. Getting a 100% rating does not preclude a veteran from working if they want and are able.
From the VA website: "Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses."
You should have your friend appeal that decision. There is a Maryland Veteran Service Officer at the Charlotte Hall clinic. The DAV has them, as well as the VFW. If your friend needs assistance, you should have him get in contact with one of them. In addition, there is an abundance of information on the information highway. Those going it alone rarely get the rating they should be getting. If it is getting worse, has your friend informed the VA? He needs to file an amended claim and include the new additional problems and information related to his back. Unfortunately, it does take persistence and time to get the VA to listen.I know a guy who was injured while in the Marines. Had some really bad damage done to his back. The VA diagnosed him with "Degenerative discs" and he has 2 that are herniated.
Initially, he was given a 30% disability rating. Mind you that this person can no longer stand for long periods of time and/or lift anything over 40 pounds.
Recently, he received a letter in the mail from the VA stating that his benefit level was being decreased due to his rating being lowered to 10%
How exactly can his rating level be dropped when his condition was and is diagnosed as "Degenerative?"Doesn't that mean, by its very nature and definition, that it get WORSE over time??
Invisible unprovable 'disabilities', yet none of those 'disabilities' seem to restrict them from working with 100% effort in a post-service career.
Sure.
I made no statement regarding the relative proportion of how many are fakers and how many have a true disability. My very first post in this thread was:
What makes this so aggravating is the fact that there are folks with multiple tours in conflict areas who have real service related disabilities yet have to fight the VA at every corner. And then you have these criminals who barely made it past in-processing who turn it into a lifelong rent payment. Disgusting.
As long as there are vets with body parts missing who are told by the VA that that really doesn't disable them all that much while there are others who served in the mailroom and get a pension for being fat, I am quite underwhelmed by your attempt to shut down any criticism of the VA system with your war stories.
LightRoasted
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Btw. The VA will not award, (aka deny), a rating for a claim without evidence that, an illness, or disability, was caused during, or aggravated during, service. They just do not do that. There must be corroborating evidence. That means medical statements from doctors, civilian or military. Appropriate testing. Examinations by doctors to verify stated claims. Information from a veterans service health records. Duty stations. Areas served during conflicts. Etc..
Also, the rating for a veterans that lost a hand during service is given a rating: Hand, loss of use of; 60% minor, 70% major.
Another example:
From the VA website:
What evidence will I need to provide to support my claim?
You can help to support your VA disability claim by providing documents, such as:
Find out what evidence we’ll need for your claim. We’ll also review your discharge papers (DD214 or other separation documents) and service treatment records.
I'm not trying to shut down criticism of the VA system. They do at times deserve, and warrant, plenty. From not properly rating, to improperly rating, to completely dismissing a valid claim. The claims process is a byzantine labyrinth of regulatory law and administrative hurdles. But the majority of the time, they do get it right. Changes in the VA system have been made and are realizing significant improvements. Such as with an online streamlined claims process.
Btw. The VA will not award, (aka deny), a rating for a claim without evidence that, an illness, or disability, was caused during, or aggravated during, service. They just do not do that. There must be corroborating evidence. That means medical statements from doctors, civilian or military. Appropriate testing. Examinations by doctors to verify stated claims. Information from a veterans service health records. Duty stations. Areas served during conflicts. Etc..
Also, the rating for a veterans that lost a hand during service is given a rating: Hand, loss of use of; 60% minor, 70% major.
Another example:
| 5152 Thumb, amputation of: | ||
| With metacarpal resection | 40 | 30 |
| At metacarpophalangeal joint or through proximal phalanx | 30 | 20 |
| At distal joint or through distal phalanx | 20 | 20 |
From the VA website:
What evidence will I need to provide to support my claim?
You can help to support your VA disability claim by providing documents, such as:
- VA medical records and hospital records that relate to your claimed illnesses or injuries or that show your rated disability has gotten worse
- Private medical records and hospital reports that relate to your claimed illnesses or injuries or that show your disability has gotten worse
- Supporting statements you’d like to provide from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell us more about your claimed condition and how and when it happened or how it got worse
Find out what evidence we’ll need for your claim. We’ll also review your discharge papers (DD214 or other separation documents) and service treatment records.
MiddleGround
Well-Known Member
He did file. The first time was about 6 years ago. He got notice that his claim was "unfounded" about 5 months ago.
That's right... it took 5 1/2 YEARS to get someone to say his claim was "unfounded." On a condition that was diagnosed as "degenerative."
He is appealing the decision and wonders if he will still be alive to find out THAT result!
LightRoasted
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Then have him get together with a VSO, Veteran Service Organization, rep for help with his claim. They're available at any American Legion, the VFW, the DAV, and the State of Maryland provides one at the Charlotte Hall Vet Clinic. None of these VSO's charge for their service.
Have my wife convinced, finally, to get together with the DAV, as her service related conditions are worsening.
littlelady
God bless the USA
MiddleGround
Well-Known Member
I will pass this on. Thanks for the info.
It makes me wonder if this is structured for this purpose. VA downgrades in the hopes that veterans will not want to go through the hassle to get what is rightfully theirs...
LightRoasted
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You're not the only one that wonders. From what I gather, VA raters base their decisions strictly by the law/regulations. Which might be the issue why veterans have a difficult time. The veteran must learn to speak VA speak, or, get assistance from those that know how to traverse the labyrinth.
Divide By Zero
New Member
Has anyone seen an update to these indictments? I saw that the family members all pleaded not guilty to the indictments in another news article late last year but have not seen anything past that.