The United States Supreme Court has decided to take up a case that could have major ramifications for thousands of veterans.
The case involves a Navy veteran who believes his disability compensation from the VA should have begun from the date he left the military, not when he filed the paperwork.
The Supreme Court’s decision could result in a large number of veterans receiving back pay on their disability compensation, many of whom waited years to file their claims.
Adolfo Arellano is the veteran in the case, and during his years in service from 1977-1981 he was on an aircraft carrier when a large collision occurred. The incident resulted in the deaths and injuries of several of his shipmates. It nearly swept Arellano overboard, leaving him with post-traumatic stress disorder and other mental conditions.
30 years later Arellano filed a claim with the VA and it was approved. They backdated it to the date he filed the paperwork in 2011. But Arellano appealed, arguing that the disability payments should have been made retroactive to his discharge. He says the mental health conditions he developed from the collision prevented him from filing the claim sooner.
Arellano’s claim was denied by the Court of Appeals for Veterans Claims, at which point he appealed and the Federal Circuit judges split their decision on the case.
After the split, Arellano’s legal team petitioned the Supreme Court.
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More via Military.com:
A ruling in Arellano’s favor has the potential to affect “thousands of current and future veterans,” according to his attorney, James Barney, a graduate of the U.S. Naval Academy and partner in the D.C.-based firm Finnegan.
Barney said that, as the equitable tolling doctrine stands now, veterans have no recourse for seeking a waiver to the one-year deadline, “no matter how compelling the individual circumstances.”
“It would apply a more flexible rule that would be to the benefit of potentially thousands of disabled veterans,” Barney told Military.com. “The equitable tolling doctrine is only supposed to apply in extenuating circumstances, but when you are talking about disabled veterans, there often are extenuating circumstances.”
In Arellano’s petition to the court, his attorneys noted that veterans fail to file claims within the one-year period for reasons other than incapacitation, including that they may be discouraged by others, may not be aware they are eligible for benefits, or they were injured during operations that involved secrecy and fear disclosing classified information.
“This would at least give these veterans an opportunity to ask the court to toll these deadlines because, as of right now, the veteran has zero chance of asking for [a waiver],” Barney said.
Every year thousands of cases are petitioned to the Supreme Court, and only about 80 get taken up.
“It’s an unfortunate reality that many members of the armed forces face a difficult path once discharged from the service,” Arellano’s lawyers stated in their petition to the Supreme Court. “Indeed, the sad irony is that the very illnesses the veterans’ benefits system is designed to address, such as PTSD, are often the ones that cause veterans to miss the one-year deadline.”
This article originally appeared on USMilitary.org, and has been shared with permission.
After serving in Desert Storm/Desert Shield and a tour in Hunduras in 1996, my feet got messed up so bad because of the old military style black boots. I tried to submit a claim for pes planus_flat feet in 2001 and was denied even thou after I got back from war, I was bed ridden for 2 weeks with a stim machine hooked to both feet. I gave up trying until 2021. I applied again and they asked when did my disability occur. I told him it happened in 1993 and it is service connected and the records are in my file. Once I received notification that my claim was approved, they only gave me 10% but didn’t back date it when I got service connected. I think this is very unfair and to this date my feet have gotten so worst. They increased it to 30% about 3 months ago. I was a demolition specialist and my ptsd is really bad. I have what they call a short fuse but the VA only gave me 50% for ptsd but used their calculator to combine the two and my total is 70%. I think veterans should be compensated from date of the service connection, not when they decide to file. I had reasons for not filing back then. I was afraid I wouldn’t be able to find a job if they knew my status or condition, etc. I think I will get me an attorney and see what can be done.
Greeting:
In 1969, when I returned to states from Vietnam, I immediately went to VA to file for a mental health review. I was told that I was not able to use VA services because of my employment/salary. So for years I thought I was not covered because of my employment. I was informed that I was covered and went to be examined for PTSD; following my exam, I was initially told that “there is nothing wrong with you”. I was completely confused because I had only talked to intake personnel and not a physician (psychiatrist esp.) who I felt would be the appropriate person to diagnose my condition. I requested to see the person in charge, and she informed me that I had been prematurely denied treatment prior to her review. Following her review and subsequent reviews with mental health personnel, I was determined to be eligible for 30% Combined Rating Evaluation. This was September 18, 2008. My problems persisted so in May 2010, I was given a 70% rating and finally in 2022, I was rated 100%. The damage caused by my condition had its most detrimental effects just after discharged, when I was in the prime of my life (career pursuits) and where my highest opportunity for success was availability. Therefor, I can align my entire career with the sentiments contained in this case ( the damage is tremendously costly to affected veterans) and if successfully adjudicated, the outcome is justified— this veteran and similarly situated veterans need to made ‘whole’.
This situation is even worse for veterans who were in the reserve. I applied for benefits in 2007 after being told by a solder that I can file. I was denied for not having enough medical evidence. Now I am applying again, only to be 100% disabled for the very things I applied for in the first place. I didn’t receive backpay for the disabilities, I was only paid for the 10% which kept me from being 100%. I have my attorneys fighting my case as of today. This is great information to receive and read. Thanks Alonzo for bringing this information to light.
Semper Fi to All.
I was in the same boat as everyone else for many years. Denied, Denied, Denied.
I finally came a cross “Veterans Guardian “. Though a civilian legal firm, their staff is mostly Vets. They did for me in 9 months what I couldn’t do in about 20 years. They were awesome to work with, and guided me every step of the way, and called exactly how and when things would be accomplished. They’re located on the east coast, but I never had to go there. I’m on the west coast and everything was accomplished via phone and email. They arranged some eval appointments for me, and got me to 100%. To get back pay would be a blessing, Though what I’ve lost can never be replaced, the 100% helps a lot.
No, I’m not an employee or a paid hack. They’re for real, and are awesome.
Semper Fi Devil Dog….Served from 1990 to 1996 during Desert Storm/Desert Shield…I also went through Veterans Guardian and have been telling Veterans to Use this Service….
because they helped me go from 40 to 80 percent in 4 months and even during the Covid19 shutdown. The Employees being Veterans themselves really helped, and they Knew what they were talking about. It’s about time that Veterans are being heard, and helped. It’s the least this Govt can do for Honorable Service and putting Our Lives on the Line with No questions asked….the Situation at hand should be Reciprocated.
I was honorably discharged in 1992. I served 8 yrs in US army . I filed my claim almost 30 yrs later in 2017 but was given 10% in 2019 I was given 70% in 2021 I was approved for 100% permanent and total. I did receive back pay for 5 months. I was unable to file due to my mental health. Can I hire a lawyer to and possibly receive back pay dating back to 1992 ????
Not right now no… you’d have to wait on a ruling in this case and go from there, if it’s favorable.
when does this go to court?
I had a Honorable discharge in January 1978..
I reenlisted and was discharged in April 1979 with other than honorable discharge.
I applied for benefits in July of 1980
And was denied benefits.
Because someone did not know what they were doing..
I was graniteed benefits in April 1996 after someone search my medical records.
I was denied my benefits for 16 years and it has never been corrected can someone help me with this.
I’m following this story closely. I filed my original VA claim back in August 1992. In December 2021 the VA finally decided to approve my claim, without paying me the back pay, even though they have my original paperwork. If they were to pay me back pay, with cost of living increases and the amount of time, I estimate they’d owe me around $240,000 dollars.
Hey brother I’m in the same boat as you and they awarded me total disability status in 1996 and even have a letter stating so ,even though never informed me of that status until 2012 , they never backed payed me to 1996 , if you find a lawyer to take your case have them to give me a call at (864)377-9927 thanks and good luck .
Oh geez Vets wanting the flood gates of money open to them. 50% or more of claims are horseshit in the first place, and as the VA made it easier to make and get approved for claims, they started coming out of the wood works.
You are lying if you say its not true.
50% of your comments are horseshit. I guess you don’t know many veterans.
I agree! Joel is no more than a keyboard warrior wanting to be a big shot! Just ignore him!
sorry, Joel! I was agreeing with you and referring to Bob!
You’re a jerk! There are hundreds of thousands of disabled veterans – look around you, go sit at the VA hospital for a few hours and experience just what vets go through and maybe you will have a change of attitude – if not I pity you.
Hey bob j
What have you been smoking ,or taking you talk as if you KNOW NOTHING about the VA or military.
Only a person that did not serve would make a blanket statement such as that. Shame on you.
Another reason veterans do not apply for benefits. People like you do not help the veterans who you consider the other 50%.
Only a person that did not serve would make a blanket statement such as that. Shame on you.
That’s about the same attitude that most of our VA has currently and most of our government has
What about those of us who were poisoned? The government hid the fact for MORE than 25 years! They had to be forced to notify people they had been exposed to chemicals in their potable water that even affected their families! Some died before they were even able to file. Then, because it had been more than 20 years, they have problems finding the medical records showing it flared during the incubation period. Please don’t ever say these men and women are faking it! Contaminated water at Camp LeJune has destroyed and ended not only the Marines and other veterans on base but also their families lives! They knew about the contamination when I was there in 1984! They had the test results of the contamination but chose to cover it up! How many of my brothers and sisters have died because of a cover-up? One Marine found out he had esophageal cancer and was dead before his claim could be filed. He left a widow with two small children. Don’t patronize us with we don’t deserve what we earned. I would much rather be healthy!
The same thing happened at four-door California too but so far I haven’t heard any claims or nothing being filed for that there are groups talking about it but I know it affected our troops and their families and the people that live near the base all those years people knew that contamination was there yet did nothing about it
I take it you are at high-ranking officer that got everything handed to you on a silver spoon even though you never took your ass out of your office. I thought the VA for almost 50 years before I finally got a couple of lawyers and as soon as they went through my paperwork the VA granted it. The VA has a habit of giving you a disability rating for one thing and putting you in a special category for you do not get ready for anything else so anytime you apply for it you’re denied
Bob
I think you are not a VET. Please keep your place in the civilian world. The VETS have NO use for some one who criticized the freedom we provided!!!!
82nd Airborne Division
Steve
I was a Vietnam veteran,I got out in 1968 .I had tried to work many different jobs until I decided to keep my final one even though I was in pain every day. I never knew that I could file for my problems until I was talking with a veteran who was on disability. This was in 1993 so I went to the dab and after talking with them decided to try and file about 1year after I was determined to be disabled and started to get my benifets no because it took so long I am in pain for the rest of my life they give me meds to keep the pain we’re I can stand it but I wonder if I knew it was available sooner would I have been able to be rid of the pain now and been able to do some kind of work jerry
My husband has been treated the same to this day; win he found out from a buddy he was in country with that had some of the same medical and disability issues that happened in Vietnam and when he filed for help we finally heard that my husband was going to get some help…we didn’t hear back from them for his medical and disability request for 13 years after he filed and they would not help him medically or for his disability during the 13 years we were waiting all these years and after 13 years of trying to get help and another appointment to meet with someone to listen to us as to the help he needs , thanks to Vietnam and agent Orange we have and are still are battling to get him medical help; for all his VN cancer surgeries such as heart surgeries, he has lost his bladder, 101 lymph-nodes, prostate, part of his bowel and intestines among other parts of his body. All I can say to you is to keep the faith and fight for what you deserve for keeping our USA secure and its people safe. We now what the veterans and their families are fighting for and dealing with. Your not alone.
Those are all considered presumptives of those who served in Vietnam. He sounds like a 100% disabled veteran all day long. Contact your local VA Hospital.. ASAP
I was discharged without any assistance from the marines after desert storm after being in the hospital in Germany medically left the battle field flown to hospital was back at Camp Pendleton two months before the batallion got back to the base once released from hospital flew to Dover Air Force base from there Camp Pendleton discharged with a host of medical problems I’m still having to this day I should have never been released back into society with mental and physical problems discharge papers DD214 not signed by administration upon my discharge
After an extremely fretful and life changing encounter with the Iraqi soldiers in Kuwait my mind and body began to experience changes that i couldn’t explain or understand. I thought the bleeding would stop and it did for a while but on occasion it would reoccur; it would be 10+ years later that i began seeking help but from civilian hospitals and not the VA because i wasn’t consciously aware of my ability to go there and i was out of state. I would began filling for VA benefits a few years later only to be denied unknowingly because my claims were not supported by medical records. This would go on for a few years before I became discouraged and eventually stopped filing until now, 32 years later and was awarded 30% with no back pay and no retro..
Hello, I also served on the Dessert Shield/Dessert Storm War and my battalion was also in Kuwait. The VA has denied all the claims that I have filed since 2015. USMC 4 years with Honorable Discharge!
I had 2 service-connected disabilities a lower back and hearing and I was honorably discharged on Dec. 11, 1970. I was not directed to any source of information to file for disability. I was in pain so went to the Philadelphia VA to see if I can get help for my injuries and was told I was not qualified. well, several times as time went on, I tried to file for medical and disability and was shut out again. So, when I retired in 2015, I then perused to file for disability and now I am receiving 100%. so, for 45 years I should have received Disability at a rating of 70% up until 2015. I would not be having the problems if I was treated like a HUMAN when I got out of the Army on 11 Dec. 1970.
Hi Sir I was medical discharge from the military in 1995 . I started working for the USPS in 1996 for 17 years the VA would deny all my back disability even tho I apply on my ets disability evaluation. After I retired from the postal service and my case went to a law judge it was approved in 2021 . It’s a Damm sham how we have been treated of the years .
I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to create my own blog and would like to find out where u got this from. thanks a lot
On my first visit to the VA for a complete checkup they where about to keep me in the hospital. I was a mess. High Pressure. PTSD, Insomnia. I was assigned a mental health DR and Social Worker. When I first filled for my PTSD it was rejected even though I had 5 years of documentation showing I am being treated for. S I was giving up on it. My Social Worker advised me not to give up but file a appeal. So I took her advise and filed it. I was glad to hear that my new evaluation was being done outside the VA. In 2 months time I was finally given 100% disability put the back pay they gave was from the time I sent in my appeal not from when I first was evaluated having PTSD, INSOMNIA and High Pressure.
Hey brother the same thing happened to me I first filed in 2003
It got return to me denied. So with my PTSD I said fu-k them n went to outter ( VA doctors)
I saved all the paperwork- I also have 2 line of dutys
From Fort Hood TX at the military .hospital respiratory doctor stated that I had environmental asthma. I took all my paperwork to VA on statenisland
And the psychiatrist filled out all the paper work for the VA claims and they gave me 70% he stated he put me in for a hundred percent but they don’t do that so I took my two line of duties and my other Medical and they put all four together my asthma and hyper ventilation syndrome with my injuries and dry coughing injury and stated that that was all due to asthma so where am I the only gave me 30% for those then the next day I don’t know how they do math but they took the 30% back and give me 10%. So now I only have 80% so I just put in seven more claims this month let’s see what happens but I do like President Trump said if the VA don’t want to help you go to the outside doctors but save all your paperwork and when you get it all together you bring it to the VA now you and they have to act on it I guess somebody in the area where you live that does veteran claims or text me back tomorrow and I’ll give you the number of company I deal with who helping me with my VA claims call them on the phone and you tell him what’s wrong give me your information they fell out the claim forms mail them to you or text them to you on the phone this way you can check them out make sure everything’s right and then you hit the bottom button and it goes right to the VA and then whatever other injuries you have they go they’ll deal with them too they all doctors and they and they know how to deal with the VA that’s all they do is deal with claims for the VA and they own it they only get like a light percentage and when you get your money very little I couldn’t fill out stuff on the claim forms there’s too small on my phone so they sent me the paperwork and they already had all the answers to every Medical on the bottom of the pages whether they covered every medical thing that I have right down to detail let me know if you can and I’ll give you the number but not on here text me or call my number from this
would like help with current claim I am at 90% but have severe crohn’s disease with no definite nexus
Tom and All.
I was in the same boat as everyone else for many years. Denied, Denied, Denied.
I finally came a cross “Veterans Guardian “. Though a civilian legal firm, their staff is mostly Vets. They did for me in 9 months what I couldn’t do in about 20 years. They wee awesome to work with, and guided me every step of the way, and called exactly how and when things would be accomplished.
Send me the no need help
[email protected]
John, if your service connected disabilities cause you to be unemployable and you only have one disability that is 60% or greater or more than one that combine to 70 or greater with at least one being 40% or greater you can apply for individual unemployability, also known as IU or TDIU. This gets you a total rating with the same pay and benefits of a 100% schedular rating.. Important to know that if you do not have a single disability of 405 or greater but have several that are lesser and they combine to 40% or greater then if they were incurred in the same incident, or share a common etiology or invlove the same body system then for purposes of IU they shall be considered a single disability satisfying the single 40% requirement.
That’s great you got 100% broadened have a blessed 4th of July.
Hooha MSGT
SCOUTS OUT
HHC 1/5 inf scout platoon,camp howze Korea sep 86 to Jan 88,Imjin scout!Scouts out to all my fellow 19D’s!
Helle John could you send me the # as well, I need help with a few claims; 30% USMC.
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I kinda think the Navy brother is right, it should have been back when he ETS. I’VE been screwed by the Government while I was in during the Co-ed time in 1978, and it stunked worst than the Dead skunk.. But it’s necessary for the Veterans get the help that’s out there that knows the Military guidelines and will Fight with you for what you we us deserve. And find the right one because there’s ONE OUT THERE ISN’T THAT GREAT, and I will keep it to myself. JOIN THE AMERICAN LEGIONS there very helpful.
I was applied for benefits and approved in 2018 for PTSD, severe depression and severe anxiety that was in my records from embassy duty in 1983-84. I was Medevac to Panama five times, my Drs ordered my transfer four times and I was told to go back to my post by my company commander. I requested a transfer, he told me I needed to see a psychiatrist first and for the fifth time I was sent to Panama and the Psychiatrist order my transfer, once again I was told to go back to my post. Out of desperation after losing 60lbs I married my wife which was not allowed and finally after a year of being told go back to your post. I was sent back to Quantico Virginia to the MSG headquarters and given office hours were I was reduced from Sgt back to Lcpl. On my second enlistment I tore up my knee and was put out on a 10% medical which the VA denied benefits for. I suffered for until around 2018 when the Camp Lejune water bill was past and I was able to see a psychiatrist because I was to the point several times of wanting to kill my self. He asked why I was not already getting VA benefits because I was suffering from PTSD since I left my post in the Marine Corp 37 years ago. I didn’t know I could get anything, I just know it cost me a lot of good jobs and friends. Our service time caused our illnesses but it just wasn’t Diagnosed because of a different time and generation. PTSD was a new thing.
I was applied for benefits and approved in 2018 for PTSD, severe depression and severe anxiety that was in my records from embassy duty in 1983-84. I was Medevac to Panama five times, my Drs ordered my transfer four times and I was told to go back to my post by my company commander. I requested a transfer, he told me I needed to see a psychiatrist first and for the fifth time I was sent to Panama and the Psychiatrist order my transfer, once again I was told to go back to my post. Out of desperation after losing 60lbs I married my wife which was not allowed and finally after a year of being told go back to your post. I was sent back to Quantico Virginia to the MSG headquarters and given office hours were I was reduced from Sgt back to Lcpl. On my second enlistment I tore up my knee and was put out on a 10% medical which the VA denied benefits for. I suffered for until around 2018 when the Camp Lejune water bill was past and I was able to see a psychiatrist because I was to the point several times of wanting to kill my self. He asked why I was not already getting VA benefits because I was suffering from PTSD since I left my post in the Marine Corp 37 years ago. I didn’t know I could get anything, I just know it cost me a lot of good jobs and friends. Our service time caused our illnesses but it just wasn’t Diagnosed because of a different time and generation. PTSD was a new thing.
My husband have been affected by agent orange every since he came from Vietnam. He has a coronary heart condition and had prostate cancer. He filed a new claim in 2020 and had to file another claim in 2021 that was filed in April 2022. He has back problems also. What does these soldiers have to do before they are compensated.
C Ayers
no comment for now ill get my info together ill be back
We should get our disability at the rate we have now like I ended up at 100% and had to work at it for 1994 to 2012 to get it but they did not give me but 5 zero for 10% but all the conditions I had all these year and 6 months of rehab before getting out so we should get back pay for that to at the rating we have now that will be fair for all veterans.
Exactly I agree it took me years to get to 90% and now I’m back for another amputation that should bring me to
100% 🙏🙏🙏 the Fed government has 100 billions for the war in
Ukraine need to take care of American veterans before Foreign countries
In 1978 I injured my back and had lower back surgery at Walter Reed Army Hospital. Twenty years after my discharge I had a second related back surgery. They gave me 10% and said at the time I should have filed when I discharged. They increased it to 20% a few years later. A year ago they bumped me to 100% I have residual nerve damage from the back surgery, chronic pain and rotator cuff damage. If this ruling is for retroactive what kind of cases will be reviewed?
They should allow Veterans who were separated with conditions back compensation from their ETS date. I left the USAF in 86 and filed VA Comp paperwork on my discharge. Never got any responses. Filed two more times and had to get Congressional intervention. to finally get compensated.
It’s very sad the way the USA an our government treat our veterans whom served thier country, they deny an lie, an since the va works for our gov how they also deny an lie so they don’t recieve proper care. There are so many countries that honor thier vets disabled or not, look at Australia, China, Mexico, England, Canada, just to name a few. How well they take care of thier vets, an were supposed to be the best country ? Not unless ur totally missing limbs or ur brains fried or ur totally messed up do u get any hopes of help. Unless ur like the few who know how to play the game an lie an cheat the system, an thier nothing wrong with them an they’ll get 100 percent. Thanks to all whom served our country, in battle or otherwise we all gave, better than I can say for our government an how they don’t care about our vets, but they’ll spend billions helping other countries an to heck with our people
Yes Mr Haza, I couldn’t say it any better than you. I’m a old Marine Vietnam veteran, and disabled, the VA has never really cared.
I served from 1965 to 1969 as a Navy Hospital Corpsman. I did 3 tours in Vietnam with elements of the 1st Marine Division. I was sprayed with Agent Orange and this toxin has inflicted the following medical issues: Lung Cancer, Heart disease, Type 2 Diabetes, lost feeling in both feet and ankles, COPD, PTSD,
and now Prostate cancer. It took me 12 years to get all my money for these medical issues because I had to reapply for each and every issue! Total bullshit!
I was in the Army 1979-1981. During that time I had 4 surgeries. Came home went back this went on for a few months. I got so aggraveted . I was stationed in Fort Ben Harrison IN. I was in and out of the hospital in WrightPattersonAirForceBase in Ohio.
I filled when I got out nothing I kept filing over and over. nothing.
Why do the lawyers in the military tell you to file before you are out in 6 months.
Thats a lie. To this day I am still fighting for my benefits.
It seems like a losing battle.
If someone knows how to do this in a fasterway, please tell me.
Beverly swift
Army veteran
Been there with the discharge filing for Comp.
Beverly, I am a retired USAF loggy
Blew my back out on active duty. Major depression, attempted suicide. Hip replacements. The process can be a long one unless you are outright unemployable. My rating increased over the years from 2000 until 2022. Just getting the right team to go to bat for me was crucial. I had an attorney in Seattle, they took the case and was able to get get my increase. Key things to remember:
– get an attorney
– make and keep all VA APPTS
Don’t worry about attorney fees they only get paid from money you currently don’t have. There are limits to the percentage an attorney can hold and it’s well worth it.
A good attorney will have contacts within VA that you and I are not able to reach.
And remember also VA bashing won’t get your claim settled any faster. Honestly I have never had a problem with VA.
Also if you are retired make sure you CRSC or CRDP which allows for concurrent disability and retirement pay.
Above all do not as we all know listen to the barracks lawyers.
Plug in with an attorney and let’s see your next post telling us you’re good. God Bless
Try not to stress it’s a process
I sympathize with you Mr Nadler. 100%. Our government is how it is. But, without the military and without our veterans, there wouldn’t be government nor, and there wouldn’t be a of USA
Did you get compensation for lost feeling in both feet, if you did how did you word it ?
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Well, everybody has a story to tell about the injuries received while in the military. I received my share. At the retirement I i was scheduled for my outgoing medical exam, but my medical that were supposed to be sent to the base doctors were not there. Someone sent my records somewhere and todate have not been found. I told the doctor that I won’t take the outgoing medical check until My records are recovered. The officer in charge of the base hospital directed me to take the outgoing test and they will recover the records and send them to me which never happened.. Numerous checks and forms were sent out but they could find my records. I went to the VA and tried to apply but the would not let because I did not have any medical records. I retired 31 December 1976 and to date no records. In 2007 I went to Bay Pines VA hospital in an attempt to get help and just luckily someone overheard my story and started my process. The discovered that I was almost Deaf and with several letters and applications they found a few pieces of my medical records I also had both shoulders replaced and my right knee. Also had agent orange problems and had open heart surgery. Finally after several more letters I received my total disability. I think that that the new program is a must and some compensation should apply. I am now 92 years old,. War in the Korean War,,, was in Vietnam and Also got leg injury from an incoming rocket. I feel that I some compensation should be given to retired vets. immediately after retirement.
Active war time needs to betaken intoseriously
I was discharge in 1977 with right shoulder injury I was told too see the VA when I got out. This I did when I moved out too Washington state. I wentbto the Seattle VA and got seen by their Doctors. While in the exam room after xrays the Doc told their was thing wrong in my shoulder and that possible surgery was needed. I then was told they had too many shell shock body in the hospital now and too come back when I could not use my are anymore. I believed him like a bummy and went about my life. In 1994 I got help from the DAV to start getting help but I keep telling them I started this back in 1977 but the VA stated that they had no record and sorry it started then. I have always thought that was bullshit. I would like to go and get back pay I am now 100% non employable
How many Veterans suffered side effects like – developing Guillain-Barre Syndrome after being forced to get the Swine Flu vaccine in 1976? I was never contacted by the VA or military regarding this. But I have learned recently that they were aware of it not too long after we were given the option to take “the jab” or an Article 15.
I am a African America Female Viet Nam Vet 70-76 & 3yr Active Reserv. I served aboard the USS Sanctuary AH-17 as a Hospital Corpman Hm3/8501 from April 74 to Jan 75 . I suffered from PTSD for severel incidents that took place abord ship & on more than one duty station I first filed for didability in 1986 after going to the West LA VA
& was denied & told my problems were’nt service related! I filed again in 95 & was denied again. I finaly
reciveid it when I filed in 2012 but didn’t get till 2014 & only 70% with retro active only to 2012.
I then had to apply for IU
( Individual Unemployability) which was approved in 2016 & bumped me up to 100%..
I never received a Sea Service Medal or any acknolwdgement for being the first African American Female to serve aboard a Naval vessel or regarding my Navy Comendation I receved in 1972.
As a Vietnam veteran I would like to thank the veterans that have appealed to the Supreme Court on our behalf about the circumstances of having PTSD & or other conditions due to being in a combat zone many years ago. I was in the Saigon area in the year 1965 & was fortunate to come home & was released from duty in 1968 with an honor discharge. I had no idea I had PTSD until the year 2000. At that time I met a veteran counsulor who helped me receive a 100% rating to receive help from the Veterans Administration & that didn’t start until the year 2003. So, from 1968 to the year 2000 I didn’t know or didn’t get any help from the V.A. That is 32 years or having to wait for assistance from the V.A. And, I agree with the petition to the Supreme Court to get compensated from the V.A. in regards to all that time lost & I know many other veterans that feel the same way. Thank you again for looking out for us vets.
My husband was a Navy man in Vietnam 1962-1966. He was on a ship. When he came home he had PTSD very bad and had contacted Agent Orange. He put in claims for that and heart problems and was denied 8 times. He got so disgusted bc they wouldn’t help him. We moved to Florida from New York and filed again after having open heart surgery within a year of each and also had pulmonary fibrosis which he died from. I am a widow and yes he got 100% after all that and died within that year 2016. I feel that they should go back to when everything was filed and give yo the widow and by the way the compensation pay is less than half of what he would get if he were alive. I’m very grateful but I do think they should go back to the beginning.
My husband died of the medicine that the VA gave him after fighting for years for 100%. He was a Vietnam veteran he got his 1 year before he died in 2000. They should go back when he got out of the service
The other issue is that PTSD was not designated as a formal diagnosis at all until the early 80s. Adding it to the DSM was due to research done on the survivors of the Buffalo Creek flood of 1971 in West Virginia. That doesn’t mean it didn’t exist prior. It only means it wasn’t determined to be a psychiatric diagnosis!
I was in from 78 to 84. Went to Panama and trained with special forces for a combat mos. Had a friend almost die from falling in nest of Army colony ants. Ha a panther or jaguar in my face at night lying in my hammock. Still fighting for PTSD. Been diagnosed with severe socialized anxiety and severe panic attacks. Been on meds since after I got out. Get 10% for tinnitus from filing 3 or 4ywars ago. 1 year back pay. Not right
I was also in the Marines, an 0311, mos, point man for 8 months, shot at, saw comrades get killed by me. I was discharged in 1969
We are a group of volunteers and starting a new scheme in our community. Your website offered us with valuable info to work on. You’ve done an impressive job and our entire community will be thankful to you.
My parents were told by two military doctors and two regular doctors abing specialist but I had a rare form of muscular dystrophy which supposedly was inherited I have two other brothers that were older that did not have the former must any form of muscle dystrophy, I was the age of 10 my baby brother which was about a year and a half younger than myself Harris did not farm till he was 32 he got Lou Gehrig’s he passed at 35yr. My mother passed three weeks after my baby brother did from lung cancer, I became legally disabled because of my legs my back in 1988 my parents took care of me I’ve always lived in at least one of their houses with them or by myself in one of their houses until I was around 11 hard 12 was the first time we had a house otherwise we lived in naval housing I asked if I still qualified for benefit from the Navy even the Navy housing and sampietro were still up there about 10 years ago but nobody was living in him can I tell you something my father did push me to work I was able to for about six years, then I couldn’t walk enough to be able to work until September the 24th 2020 when my father passed now I don’t have any security Han who can take care of me my father is wills being ignored and I was pushed in the signing I trust agreement spose to ban for Co trustee but TNB took over accessors trustee and all this time has not helped me at all legally 10 years old my parents were told by the four doctors that I would not live to be 18 I’m 63 even after my mother passed my father still paid the insurance helping it would come to me so far I’ve got no help and dependence as spouses too live military lifestyle and for a good while on the basis so who can help me if anybody I’m a little slow I’m letting the computer write down the stuff because I can’t spell too good my parents did teach me real estate my father gave me his office his real estate office and I am broker in charge even know the trust is taken that from me does anybody know if there’s any help for me if so please let me know and thank you very much for trying to read this I did try please have a blessed day God does watch after us I was able to help with my baby brother my mother and my father but lives hard by yourself I have to take care of my father’s two dogs am I two dogs had him together for two months and somebody gave him something so they attacked each other now I go between one house to the other back and forth thank you for listening
I feel very bad for you but don’t give up maybe someone else who knows how to access the information you need will help you, but don’t give up ever and stay positive and you will be fine , god bless you and thank for your sacrifices
May god bless you, i I Iunderstand you are a dependent of your father,, meaning your late father’s son/daughter. The military do allow anyone who want to live on base can stay, You would have to pay the cost for the unit assigned like any other apartment or home you get. This would include a month rent and a month security deposit before you could move in. The military does not pay for your move nor the place on base you rent. He may have had it in will, however, the military in this case does not take care of the grown dependents. As to your father’s will and your other entitlement I would see a lawyer that specializes in wills, they give FREE 1st visits usually. You can google for this type of lawyer’s.
God bless!
That is a very good tip particularly to those new to the blogosphere.
Simple but very precise information… Many thanks for
sharing this one. A must read article!
Even though the Supreme Court is soon to determine whether the Veteran, Adolfo Arellano, is entitled to back pay from the date of his ETS, if they determine he is not entitled to back pay, the US Congress could actually pass a law that says the VA should back date these claims. We all need to contact our representatives to urge them to pass a law such as this.
Please bookmark this forum to keep up to date on most recent information re: EQUITABLE TOLLING.
You can find your representatives and senators mailing addresses and phone contact information here:
https://www.govtrack.us/congress/members
Please take the time to contact them and state your desire for passage of a law to get this much needed legislation passed and implemented.
Patrick, good luck this administration is too busy trying to deny law abiding citizens from purchasing a gun, this pres has cause inflation and gas prices to soar, what constructive business is being conducted in this administration to help our nation, biased in ways, but thats how I feel, USAF, +22yrs, Msgt Retired
The last time that i tried for a benefits increase I was told that there was nothing new in my files and i know that i had found old papers from when I was on active duty that were never presented before then. Apparently they don’t always look at the paperwork that you submit, especially if its a lot of information. I need to see some changes in my life time.
I filed in 1997 when I retired, I was denied. I injured my back while in the military, it took over 20 something years. Last September, I received disability on back, but compensation was for only 4 years, and
Not for when I applied.
Ms. Washington, if you found supporting documents for a claim you are entitled to, keep a copy for yourself and go online to Ebenefits.gov ask to be represented by a Lawyer or VA counselor state your issue and allow them to represent you. They will because it’s there job at NO cost to you. They usually do a good job.. I hope this help!
I served in the Army and suffer from ring in the ear also from military. I am also isolateing myself and withdrawn from any type of social life. I do receive a small 125.00 for my hearing but I think that I should be compensated for my disorders. I served in Army in Germany am I still eligible for more money
Mr. Thomas, I agree, your compensation is based on what the doctor says. Go back to the doctor preferably your Primary Care doctor and allow them to send you for your hearing. I personally would not mention what you are receiving but I would mention this happened while serving on active duty, that doctor may see something the doctor before missed. Even if he does not the way the write up is presented is what VA will compensate for. Also google hearing loss there is a lawsuit in progress I believe it still on going for any soldiers, active, discharged/retired that the government is compensating them for. The lawsuit is because the military was sold defective hearing plugs that was used by the military.. If that lawsuit is still ongoing you will show your DD 214 and your disability papers you now have and receive that compensation as well. I hope this help!
Emerson. The sane thing with me. I served 1978 to 1984. Combat mos. No conflicts when I was in. Butt a few years ago I was told to file for tinnitus. I fired 50 calls. I was an m 60 machine gunner. I got 10% for tinnitus I had from 78 to 84. Got 1 year back pay. Wish we could file from the time we got in in the service. And get the back pay. Thanks mark
I should have gotten my disability back to at least 1970 when I got out I was only given 5 years back from when I first filed this would be so damm great I hope I hear more about this
I would like to know when the court is going to decide on the matter.
I agree. I got out in 71 and was 25 years later that I found out about the benefits. Took another 10 to get increase in mine.
I was medically and honorably discharged from the Army in 2005, I was told to file a claim not by the Army but by a fellow soldier. When I received my rating before being discharged of only 20%, I filed an appeal for my disability which was related and perhaps even caused due to a surgical procedure done at the Tripler Army Medical Center, Hawaii. It took the VA about 3 years to decide on my appeal and just raised it to 30% at the time also, I only received one year of backpay. Furthermore, I did not know I could file more than one claim at a time but once again I was informed by a fellow soldier that I could, so I then filed for my PTSD which I’ve had from being a soldier, I was discharged on June 16th, 2005. I now have a 100% rating, but it took me years to get to that rating with no help from the VA. I want to find out if I am eligible to file for backpay on any of my combined disabilities and maybe someone that could possibly help me with this?
some of my VA disability started in 2015 some went back to 2011, some went back to 1968-1969-1970? All should’ve went back to at least 1970.? Wounded 4/1969, PTSD 1969, most of my 300%+ amounts for disabilities, they [VA] would not approve., being sprayed down by US helo spraying the river we were on in combat.?? JUST SOMETHING TO THINK ABOUT??
Bill, I highly recommend contacting the VA’s Environmental Health and register for AGENT ORANGE. Click on the link below; scroll down to the middle of the page; click on your home state and it will provide you with coordinator’s name. Let me know how it goes.
Bill, I highly recommend contacting the VA’s Environmental Health and register for AGENT ORANGE. Click on the link below; scroll down to the middle of the page; click on your home state and it will provide you with coordinator’s name. Let me know how it goes.
https://www.publichealth.va.gov/exposures/agentorange/benefits/registry-exam.asp
Anytime you have questions about what you can file or anything you would like answers to you could call VA @ 18008271000. Also before anyone discharge you get briefed on benefits often soldiers do not bother to go they just want out.
I remember being discouraged in separations classes, from filing disability claims. Then after a few years, I finally decided to fight the brainwashing and go to VA to file a claim. I get to VA and a representative there told me that I wouldn’t be able to file or get rated based on what I told him. I thought that was it. Finally, 10 years later, after dealing with homelessness and other troubles, I decided to try again . I ended up getting rated higher than I ever thought possible. It really angers me to think of the games and brainwashing I endured for just trying to get what I deserved. I could’ve gotten the help I needed 12 years earlier and not have gone through the struggles I went through. Hopefully the Supreme Court will do the right thing.
I was discouraged about stating my claims when I was honorably discharged. They made me work instead of going to the separation classes. I was only allowed to attend 1 class.
I was in the navy and never heard of separation classes. I got out in 1982.
Rocky,
That’s terrible you had to go through what you did, I believed god kept you to tell the story. To everyone one, don’t stop at one representative VA type. As we know some people do a job because they love it and want to help and some because they get paid only! Always get a second/ third opinion.
I got out in December of 1974 with a 50% service-connected disability and free medical benefits.
However, 171 dollars a month for a service-connected disability is nowhere near enough income for me to support myself, not even enough for a week. So, I applied for 100%. I was denied.
I applied again. And again.
It took me 16 years to receive full benefits while living with my parents. Since I was unable to support myself.
I was very fortunate. I had very good parents who supported me during those terrible days.
I served in Vietnam 68 had an agent orange screening in 2003. Got bladder cancer in 2006. Told can’t file a claim unless it is covered. Finally bladder cancer is covered by agent orange exposure. But only got compensation from the date filed which is one year ago. My illness should have been covered from 2006. This is wrong and waiting for it to be right before I die.
I too was in 68. Got Bladder cancer diagnosed in 2009. Blue Water passed in 2021 for Bladder cancer. Still have heard NOTHING from VA for any disability at all since my filing in April 2021.
Would like to find out more ! Vietnam 68/69 Army Reserve 1976-1985 2 Tours to Iraq 2004-2005 and 2007-2008 when I was injured. Had P.T.S.D. from Vietnam and was Told in 2012 a very severe case of PTSD , but wonder if it should go back to 68-69 ?
Would like to know !
How do you find out and apply ?
You should go as far back as your injuries first start. You could go online to Ebenefits.va.gov and you could call 1-800-827-1000 and speak directly with VA.
Conquers is not here to help the veteran we have too many Nancy Pelosi‘s here to have $100,000 year wine budget that’s too more important than the veteran is and we have too many Schumer‘s here that have a higher budget for their own use than the veteran is so that is more important there than our veterans are they forgot then that is more important to the nation now than water veterans are that is what is long gone then our veterans are there’s more things that’s more important now than our veterans are there as long forgotten when my Benefits was given to me they were told me that this nation is now said we cannot pay our veterans past 10 years at law was passed that we cannot pay you past 10 years it would cost us too much money to pay our veterans past 10 years we cannot look that you joined yourself when you were 17 years old to go into the service regardless and we do not look at how many of you VETERANS your dad we cannot look at you were, alcoholic when you did that and then she would never be the same the rest of your life will give you a small amounts of benefits that you have the rest of your life and you would never be the same anymore you’ve got to look at what we did give you in return that’s all we have to give you and that’s all you deserve them to look at the congressmen and senators that have went into to be a congressman and Senators it’s been there 40 to 50 years and become powerhouses in there and I don’t think that’s what it was meant for them to be power houses and become multi millionaires in control of this country and become millionaires in their office and control this country I think that they should not be there more than four or five years so they get so much power in their spouses become billionaires with companies that they don’t put on contracts that their businesses control things we should be looking at that end of it and they controller or constitutions Sapito they control somebody controls our presidents and we send patience of dollars to foreign countries soffit are babies no longer have a former on the shelves and we allow foreigners took fall into this country across borders that we no longer control this country is out of hand that we could send our young to go to foreign countries and die so this country could be free so illegals gets locked in here by the millions what are we become so are young could go to foreign countries or die and become back knowing what they are ever again I can’t say anymore
Wow you’re really a Debby downer
With all due respect, this is NOT a discussion about politics. It’s a discussion about veterans receiving what the deserve for the service they rendered to the Nation.
Get your life together it’s all Politicians
VA decisions it appears to me like many things unfortunately comes in waves. It depends on whose in charge, who gets your file, the administration, new rulings, etc. I could go on and on. I have seen over the years one veteran get nothing for more urgent disabilities and another get everything for seemingly less urgent disabilities. It all depends on the CLIMATE of the day. Ask the Vietnam Veterans vs the Desert Storm Veterans. The Vietnam veterans were treated like dirt when they came back while the Desert Storm veterans were very celebrated and the administration was very generous with their claims. The Vietnam vets tried to stay as far away from the government as possible because they were ridiculed as baby killers by the public and so many were killed, dismembered had agent orange,etc. Like they had control of being drafted. The modern day soldier can file 6 months before they get out. In other words their compensation, their generous 9/11 Gi Bill, and their military retirement is waiting on them outside the gate, like what took you so long! For many that walked away with ABSOLUTELY NOTHING, that can be a hard pill to swallow for a LIFETIME!
You’re absolutely right turn my paperwork soon they went back to 2000 2011 online it said they should go back to 26 but they denied it and said no they couldn’t see that even though the doctors said they were treating me for that and I was an alcoholic because of it ever since the Vietnam war because of it but that was good enough for it and I was on six different kinds of medication for it and that wasn’t good enough for it and I’m still on all kinds of medication for it still to this day that’s still not good enough for it and I still don’t draw enough for it everybody says are you want to feel lucky for us as well I was in that 17 and I’m almost 70 years old today and they say I’m lucky and I still have lawyers today that tell me how you’re lucky you got what you got and I still can’t get nobody to finish it up you know what I would like to do with it but that does me no good I still can’t get a lawyer that would want to take it and finish it even though the psychiatrist says it I didn’t get what I deserve and I never did get paid what they said I should’ve got
A veteran is a veteran we all signed up for one thing and that was to protect our country. There was just times when there was no conflicts or wars happening. Now getting back to our Vietnam brothers our country owes them ALOT, and all you people that spat on these veterans when they came back are nothing but trash.
I spent 6 years in the Army. I was physically hurt due to no fault of my own. When I got out I went for an exam. There were no x-rays, no MRIs, no rehab for my injuries. The examiners told me that there was nothing wrong and said I didn’t deserve the disability. It took me many years and for my son to join the Army. He received disability for an injury. My son encouraged me to try again. I applied and was given the same run around. This went on for 13 years. Every time I had one year to submit new evidence. The last letter gave me six months. I didn’t read the letter till after the six month deadline. I resubmitted for disability and this time it was approved. There must be something going on behind the scenes. Anyway please read those letters as soon as you receive them. If you are denied, submit more information. And from the words of my first VA contact,”Never Give Up”.
I come from a Military family, we all serverd in different Branches and at different times. After reading this it brought me back to my Retired Navy sibling and he’s been in Vietnam, both of the Dessert Storm and Shield and Faklin Island and much more things that he can’t talk about until a date he can’t say. The ramifications I feel as well DEEPLY BELIEVE ARE PLACED THERE BY THE PENCIL PUSHERS IN THE DC SWAMP. This city is and has hurt every Military family and friends of every race, culture. My brother and sisters served in what ever Branch did for what, TO COME HOME JUST TO FIGHT AGAIN AND SACRIFICE THERE FAMILY AGAIN WHILE THE DC CITY GROWS FATER TALKING TO YOU POLITICAL CREATURES THAT THINK YOU DESERVE WHAT YOU ARE MAKING AND YOU CAN’T EVEN TELL THE TRUTH NITHER POLITICAL PARTY. MY BROTHER IS AND HAS BEEN SCREWED AND SACRIFICE A WHOLE LOT MORE THAN YOU ALL IN DC AND EVERY MAN( THE MAN WHO’S STILL FIGHTING). I GOT A PLAN ON HOW YOU LIER’S, THIEF’S, CLOWNS AND PUPPETS COULD USE THE MONEY AND STOP SPENDING THE MONEY ON FOREIGN COUNTRIES THAT HAVEN’T FALLOWN IN LINE (PAKASTAIN ) USE THE MONEY YOU HIDE IN THE PORK BARREL FUND’S PAY UP AND PUT A TEAM TOGETHER AND AND LET’S BRING HOME SOME OF THE P.O.W. AND M.I.A. SO THAT THE FAMILIES CAN HAVE A PLACE TO GO AND HONOR THERE LOVE ONE. “ALL GAVE SOME… SOME GAVE ALL” LET’S NEVER EVER FORGET THEM AND SACRIFICE THERE LIFE’S .ON MAY 30th don’t forget get to Let A Veterans Family know that you HONOR THEM AND AS YOU DO DO SOMETHING SPECIAL INVITE THEM OVER FOR BBQ OR SOMETHING LET’S BE AMERICANS AGAIN..GOD BLESS AMERICA AND OUR MOTHER’S TODAY AND ALWAYS.
Thank you i agree thank you for your service i also am a Persian gulf veteran god bless you and your loved ones
Your not the only one who feels cheated, agent orange has given me diabets, resulting in weight gain and caused sleep apnea and now prostate cancer. Live on four differnt meds with a co pay for all and only have a 20% rating. Who pays for the 20% loss of my life?
I have had these same issues, where I was rated for some medical issues and payment only went to the date paperwork was filed. I was rated at 70% and some how after the increase I am still 70%. Like how does that happen. I spent 12 years in military and on final physical your told take it up with the VA. Lots of people didn’t even know what the VA was let alone what to do.
I WAS DIAGNOSIS IN 1973 WITH AGENT ORANGE ,AND NOT RECIVES NO PAY FOR MY SERVICE CONNECT ,IWAS DIAGNOSIS SERVICE CONNECT IN TYPE 2 DIABETESI IN2002, SGT MAJOR EARLY GRAHAM
SGM Graham,
I retired from the Army in 1999 after 29 years. Served in Vietnam 71/72. In 2004 I was diagnosed with type 2 diabetes and submitted a claim. I was awarded 20% for agent orange overexposure and 10% for hearing loss in one ear. The 20% came from the Army under the Combat Related Special Compensation (CRSC) program. Now, I am under the retired pay and disability combined program at 70%. The VA under blood tests can detect agent orange. Call the disability compensation section at your local VA. For years on active duty my physicals showed me boarder line diabetic but wasn’t until 4 years after retiring from the Army did agent orange kick in hard. Register with the Agent Orange database. Good luck. Dave
CW3, USA
Retired
Gentleman and Ladies it is all about words. Join DAV outside the ones at at a VA facilities. Do not file an appeal. Always say you want a reevaluation. As a Police Officer I sent many Vets to VA hospital because of alcohol or Drugs instead of Jail they put them on a programs after they finished they got their money. You have to complete the program. Some came back and thank me. We should not have to fight for what belongs to us. You want find out anything unless another veteran tell you.
MSG Lenny
Agent Orange isn’t a diagnosis. The resulting illnesses are. Go to VA,gov and you can see the illnesses that are recognized as being more likely than not caused by agent orange exposure. That diagnosis should be rated. For example, if you have been diagnosed with Parkinson’s disease, and it’s on the list of Agent Orange exposure, you should get rated for that disease.
You should go as far back as your injuries first start. You could go online to Ebenefits.va.gov and you could call 1-800-827-1000 and speak directly with VA.
I have been through a lot since my discharge in 1976. It took me almost 40 years to get my disability compensation from the army, going through life was difficult. But here I am, thanks to people who helped me get here. I can’t go into every detail but it was a struggle. I pray that the law changes will help us in the future.
I too have been through a lot since my discharge in 1981. In and out of mental institutions. Trying to make sence of my life. Being told that I had no benifits and after 2 long years incouraged to file and being denied. After 30 some year finally gettiing 10%. I need to get back on this boat and try again before it leaves port. Thanks everyone for this post.
Feel lucky. When I got out of the army in 76 I was told that they had lost my medical or records and I had gotten shot while I was in.
I was also told I would have free health benefits for life all I would have to do is go to any VA. What a lie.
I am sorry for your issues with whomever you are dealing with. I am a recipient of agent orange disability and must tell you and others, the VA has always treated me with respect and dignity with any issue I have brought to their attention. You may also contact a VFW official as they are a great help to us veterans and you do NOT have to be a member for them to assist you.
BTW the Supreme Court has a decision in front of them to give veterans back pay from their discharge date and not the date of filing a claim. Please contact your government representative to encourage them to support this. This will be a life saver for so many who have been denied in the past.
The Best There is VFW, DAV and other organization out there to help.
The Army taught you how to fight. you don’t have to be mad. Just ask for help words is the what the VA understand.
Lenny
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I was diagnosed in Vietnam 1969 as having Combat Fatigue (P.T.S.D.) Filed in 1999 paid in 2007 only went back 2 years. I will be dead, before I get paid.
This desperate “unvailing” by the non-veteran DVA Secretary, McDonough, was expected.
He was brought in to be the hatchet-man and his canned reasoning echoes the tired excuses that Robert McKenrick parroted until he was moved to disassemble New Mexico’s VA facility.
Fortunately, the title of this article in Military Daily News raises public concern.
“VA Unveils New Plan to House LA’s Homeless Veterans, Falls Flat with Advocacy Groups | Military.com”
https://www.military.com/daily-news/2022/04/23/va-unveils-new-plan-house-las-homeless-veterans-falls-flat-advocacy-groups.html
Know that our challenge continues STRONGER THAN EVER!
Think about this.
DVA, with the 2nd largest Cabinet budget, is the steward of our government’s task to maintain the public trust, America’s moral obligation to genuinely care for her defenders.
Currently, less than 25% of U.S. Military Veterans are enrolled to receive their entitlements. Meanwhile, a privatization effort that’s brought Veteran healthcare out of the existing institution, created specifically for Veterans, into a public, welfare-level, service quality and “surplus” VA assets are being sold off.
Not all of the assets being sold or leased out (for 99-years) are healthcare related, like the Pacific Branch of the National Home for Disabled Volunteer Soldiers at West Los Angeles, and the beachfront property in Santa Monica. These are assets that non-veteran special interest speculators want to take advantage of.
Imagine what is going to happen when more Veterans, say 75%, apply for their entitlements.
PTSD is a reality since Vietnam and there will be more Veterans. Ask Joe Biden.
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In July of 2017 the Veterans Administration did a software upgrade that changed the dates of birth on thousands of veterans. This was one week after I had submitted an intent to file. Following the upgrade I could not access the website because my birthdate had been changed so my log in information no longer matched the records of the VA. I tried every avenue I could think of to find out what my new birthdate was and the consistent answer was “we cant tell you that for your own protection.” Finally in February of 2019 I tried to log in again. I had been doing this frequently since July of 2017. My attempt in February of 2019 worked they had changed my birthdate back to the date I was actually born. The same birthdate that appears on my DD-214. The one year rule does allow for an exception if the reason it was missed was due to an error on the part of the VA. I would think that a computer error on the VA’s system qualifies as an error on the part of the VA. My appeals to change my effective date to July of 2017 have been denied. The last one took about 6 weeks for them to deny it. So I filed a decision review request; Board Review. That was almost two years ago. I am confident that one or two things will happen. They will deny it again and refuse to admit fault or they will sit on it until I die and then reject it because I’m dead. I wonder how many veterans were never able to file for assistance because the government took their birthdays away?
WOW! Good thing none of these comments involve three tours of combat in Vietnam. Getting blown up by a mortar from behind, getting shot by an AK, going down in two helicopters that got shot down, being in two tanks that took rockets, getting over ran in the middle of the night and your buddy takes a rocket to the chest and a piece of the rocket sticking out of my leg broke my femur bone but had to keep fighting. That’s just a taste of 42 months of combat in Vietnam. Retired after 20 years in 1983. 1995 had a massive heart attack and triple bypass surgery, year and a half later replaced my left hip, 2006 and 2007 fought prostate cancer, 2008 had a double hernia explode, 2013 a aortic aneurysm that was 6cm they put a stint in and finally in 2016 my right hip replaced. Now keep in mind I did not get my 100% permanent and total unemployable rating until 2010 when I had basically had enough and pretty much threw in the towel. My only child, my son at 40 years old came in and rescued me from the environment I was in and fought the VA for my rightfully deserved disability. So if I am following this conversation correctly I should and would be owed back pay to my heart attack at least????
SSG Fornaro
1963-1983
I would Luke to know, f this has gone to the Supreme Court yet? I am 100% service connected but I had to prove that when I was in the sevice, I had symtoms of MS , which I did. However I was also only granted my compensation from the time I filed the claim. I have been learning that no one at the VA hospital will let you know there are other benefits to gain,
I had a childhood friend that passed away last October with cancer. He was 100%, does his spouse receive the 20% from the government???
What will happen to the Vets that waited years to receive their compensation for agent orange and had their symptoms since their discharge ??
I believed that our Government should compensate veterans who acquired their disabilities performing their duties. Especially, when their documented in their medical records. That’s without question. Why the filing dateline? One year!! From discharged date??? So unreasonable! Why have a dateline to file?
My husband had bad tinnitus and vertigo, put in claim? 5 Saturdays ago all of sudden my poor husband dropped dead? Now Their saying , nothing more can be done cause he dead? Ain’t right? We been married 40+ yrs and together 43+ yrs why can’t I still get his extra 20 percent as he was at 80 percent? Not fair was Vietnam Vet in Navy? Had agent orange ptsd and heart trouble and surgery many times? I should still be entitled to him getting his disability up to 100 percent? Spend time in military and spouse get screws after taking care of him and his health for 43 + yrs
Recommend you get the autopsy report and file a cliam against the health record.
Go to the VA and speak to the American legion rep. Tell them not to close his case and to keep it open and then tell them that he was trying for 100%. My husband was at only 10% and I was able to reopen the case because he died due to so many underlying conditions. He was awarded 100% 1 &1/2 years after he died. I received all of the back pay he was supposed to get from the file date and all of my spousal pension from the date of his death and continue to receive to this day. I am interested to see if the senate will pass the bill to pay back to the date of discharge. That would be a God Send for many of us wives who struggle with the loss of their loved ones and also to the vets who deserve it.
Do not give up!!!! It takes time but do not give up!!!
Get real conrades, you really believe the government is going to pay hundreds of thousands of dollars to us disabled veterans, if you believe that, you’re dreaming. But of course if it happens, YEYY
I have 10% disability from my hearing . I also filed for ptsd and other alements but was turned down so ii field an appeal and its been 4 years waiting can i please get some help to speed up this madness that the VA is putting me through any help would appreciated because what i have been watching on all the podcast is that the VA has been giving vets a hard time. And when i was active i did what i was told no questions asked now why can`t the goverment/VA help us out with out all the hassel and they want to know why vets are dieing
.we need help from our country we served. PLEASE.
I used veterans guardian to help me deal with the VA.
what is Veteran’s Guardian?
Have you talked to your congressman or woman? My congressman helped us a great deal.
I do not know what Veteran’s Guardians is. But, there are gorups in every area of the US, usually local groups, that help vets file for VA claims. Mine was my county, Denton County Veteran Services, office. In the Waco, TX, area there are regional offices. My point is, your city, county or state will have a veterans service office that will help you with the VA evaluation and claims process.
Does this mean widow’s pension too?
Ms. Essie.
You can go to the VA website and type in widows pension to see entitlements for widows, you can also call VA directly @ 1800-827-1000.
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I HAVE A VERY DIFFICULT SITUATION WITH THE VA MEDICAL CENTER IN MINNEAPOLIS, MN., EVER SINCE I FIRST WENT THERE IN 1970, FOR PSYCHOLOGICAL ISSUES DUE TO A MILITARY FORCEFUL RAPE BECAUSE I WAS STILL SUFFERING WITH HEAD ACHES AND STOMACH ACHES EVER SINCE DOCUMENTED IN MY MILITARY MEDICAL RECORDS. BUT I WAS TOLD BY THE WHITE MALE AT THE FRONT DESK, AFTER I HAD SIGNED THE REGISTER FOR AN APPOINTMENT TO BE SEEN, I WAS REFERRED THERE BY HENNEPIN COUNTY MENTAL HEALTH, AS A FEMALE VETERAN.. I WAS TOLD;. “WE DO NOT TREAT WOMEN.HERE. YOU’LL HAVE TO WAIT UNTIL WE BUILD ANOTHER HEALTHCARE CENTER, SO WE CAN TREAT WOMEN THERE.”. I WAS VERY DISAPPOINTED AS A VETERAN. NOT TO BE ABLE TO BE TREATED THERE. I WAS SENT THERE BECAUSE I WAS A VETERAN, BY THE CENTER TREATING ME SINCE 1969, AFTER THE MILITARY SEXUAL FORCEFUL RAPE, AND GIVEN AN HONORABLE DISCHARGE FROM SERVICE BECAUSE OF THE FORCEFUL RAPE. BUT NO ONE OFFERED ME ANY EXISTING BENEFITS TO LIVE ON OR TAKE CARE OF MY MEDICAL HEALTHCARE. EVEN THOUGH I ASKED; “WHAT AM I SUPPOSE TO DO? AND WAS TOLD YOU WILL FIGURE IT OUT”. AND SENT HOME. COLD AND CALIBRATED MISTREATMENT OF WOMEN VETERANS AND NO SUPPORT INFORMATION GIVEN. IN FACT, I DIDN’T EVEN KNOW THERE WERE ANY TREATMENT AVAILABLE TO ME AFTER THAT TURN DOWN AT THE VA MEDICAL CENTER IN MINNEAPOLIS. IT TOOK SUCH A DEVASTATING EFFECT ON ME, I FORGOT I WAS A VETERAN OVER THE YEARS. BECAUSE NO ONE CONTACTED ME AS A VETERAN IN MINNEAPOLIS ABOUT ANY RESOURCES AVAILABLE TO ME AS A WOMAN VETERAN.. I WAS REMINDED BY A SUPERVISOR AT WORK 20-PLUS YEARS LATER, WHEN I GOT SICK AT WORK. THAT I SHOULD GO TO; THE MINNEAPOLIS VETERAN HOSPITAL FOR TREATMENT SINCE I WAS A VETERAN”. WOW, AND I EVENTUALLY WENT THERE, BUT WAS NOT TOLD I WAS ELIGIBLE TO SIGN UP FOR MEDICAL DISABILITY TREATMENTS DUE TO MY SERVICE CONNECTED DISABILITIES CAUSED BY BEING FORCEFULLY RAPED. INSTEAD, THEY LIED AND HAS IN MY MEDICAL RECORD THAT THE PERPETRATOR WAS MY MAN, AND I NEVER DATED ANYONE AT ANY TIME BEFORE THAT CRIME AGAINST MY PERSON-HOOD. LIES, LIES, LIES, ALL LIES. HOWEVER FINALLY, IN 1998, MU COUNSELOR ADVISED ME TO GO SIGN UP FOR COMPENSATION FOR MY DISABILITIES, DUE TO MILITARY SERVICE, WHICH SHE WAS TREATING ME FOR AT THE TIME. I DID SIGN UP A THAT TIME. HOWEVER, THEY REFUSED TO GIVE ME COMPENSATION FROM TIME OF DISCHARGE FROM SERVICE DUE TO THE SEXUAL ASSAULT. ALLEGING IT ONLY GOES BACK TO THE DATE OF SIGNUP. THANK GOD SOMEONE HAS SEEN HOW UNFAIRLY WE ALL HAVE BEEN MISTREATED AND CHEATED OUT OF COMPENSATIONS WE HAVE SACRIFICED OUR MENTAL AND PHYSICAL HEALTH FOR, AND AT TIMES, EVEN SOME OF US, EVEN OUR FAMILIES AND LIVES. I’VE THOUGHT OF THAT TOO. ENDING MY LIFE DUE TO THE UNFAIRNESS AND INEQUALITY AND UNJUST BEHAVIOR WE HAVE EXPERIENCED AS WOMEN VETERANS, AND IT IS SO MUCH DIFFICULT AS A FEMALE BLACK VETERAN IN THIS RACIST AND UNJUST AND UNRIGHTEOUS SYSTEM OF DISCRIMINATION AND INEQUALITY DUE TO SKIN COLOR. THIS IS MY MILITARY AND AFTER MILITARY STORY IN PART.
The question is about Equitable Tolling. I have been fighting for retroactive pay since I was Honorably discharged Jan 1990. How would equitable tolling help a Military Sexual Trauma Survivor, that has medical documentation of the crime done to me by half of my division and how I was wrong on the date of my Honorable Discharge with a personality disorder attached to section box 18 of myy dd 214. A personality disorder discharge means inconvenience to The Federal Government. This wrong saved The Federal Government billions and cheated thousands of MST Survivor Disabled Veterans like me from VA Compensation and Benefits for many years
As a young Airman, USAF, I worked as a Security Specialist and was a Close-In Sentry. When the ground crews cranked up the Aircraft in pre-flight, The sound was intense and very high pitched. When the Flight Crews cranked up the Jet engines, it was abominable. The Air Force did not provide adequate ear protection. The Aircraft crews were issued headphone style ear protectors but the Security Sentry’s were not. The ear-plugs of the time, were stiff and didn’t fit well enough to baffle the sound. I and my compatriots, would go home or to the barracks with headaches, trouble hearing for a while and suffer migraines. Now I am much older and have been suffering with Migraines since that time, and now have ringing in my ears, quite similar to that which I suffered after each session guarding the running and pre-flighting aircraft. Can I still file for disability with the VA or proper military agencies?
Yes, you can,
You have to connect the claims like links to emails. Locate all the medical troop clinic visits you had and within them, your mention of headaches, ringing in the ears. When they connect the headache and give you a percentage then you can request a reevaluation for migraines. Something goes for ringing in the ear.