AMeN aka Rich Gill , Government Laws and Military Benefits For Every US Citizen

-12 April 2K7, A Flawed VA System Adds More Wounds

Like many disabled Vets I have submitted my paperwork to the VA to get the compensation for the medical problems I received on active duty. When speaking with the Federal VA, I was told it would take over Six months to see any kind of compensation.

This does not help me now, as I can not hold a decent job because of the problems and drugs it takes me to maintain some what of a normal life. I spend more and more money for medical remedies as I continue to seek treatment.

The lack of funding allows my bills become later and later and the herassing phone calls become more and more persistant. I wonder if I will ever get out of the hole that is getting deeper with each day.

Today I read an article that shows a problem that for the Disabled will not get any better. To read the article click here

-2 Jan 07 The Passing of Bill S-3421 The Veterans Benefits, Healthcare and Information Technology Improvement Act

In the Air Force Times, I noticed an article that talks about S-3421. One of the most interesting pieces added is the ability to hire a lawyer when you start the filing process for VA Claims.

Think about this for a moment, we who have served our nation and were injured now need lawyers to get what is rightfully ours. We need to pay an outsider to fight against the goverment we swore to protect?

What does this say for those that cannot hire an attorney, sorry you lose? You fought for your country but unless you have council you may never get what is yours...

Now there are some good things from what I read like Mental Health counseling for PTSD. Allowing Spouses to begin using veterans education benefits while the injured member is still on active duty.

To see the entire Bill click Here

Or Here

-8 October 06 Email From The Author of TVSG-

Below is the text from the email I received from the John Roche I hope it helps start the process to help others......

Rich:

I would not be surprised if there were thousands of GIs facing the dilemma just like you. Here are a set of rules appended to my Book on “Appeals” (to be published by Potomac Books in the spring of 2007).

Feel free to put the rules on your website. Good chance we will give some troops a leg-up when they leave the service. Another thought run some copies off and pass them out at key locations such as O Club, NCO Club, Service Club, library , hospital. Just thought of another you can help. See if the editor of the base or installation newspaper will run the list as a public service. I would appreciate it if they would run the info on my books so the personnel where you are stationed will know where to get the information necessary to deal with the VA.

When you have, time let me know what your situation is and I’ll see if I can help you in any way. One last thing, talked with director of Marketing & Sales Friday and the next revision is due out around October 27, 2006.

Best Regards

John

Leaving the Service 10 Rules to Follow

Action Rule # 1

There is No Claim if the Evidence does not Support it.

The burden of proof is on you to provide sufficient evidence that your injury or illness is more likely than not to have incurred in the service. Otherwise the VA will deny your claim..

Action Rule # 2

Do not File for Compensation Benefits unless you have all the evidence -.

This is especially true if you are filing while on active duty. Instead file an ”Informal Claim” for the benefits. This action protects your date of entitlement up to one year and allows you to do the job right. This technique prevents the VA from prematurely denying benefits because you have not submitted sufficient evidence for them to rate the claim.

Action Rule #3

What do you do if your claim is denied? APPEAL IT

Just because the VA said “No” it does not mean they are right. Complex issues such as PTSD, Undiagnosed Illnesses, and Heart Disease for example often are denied because the individuals responsible for rating the claim have no experience in law, medicine, or occupational limitation imposed by injuries or illnesses. Another reason for so many errors is the adjudication groups are pressured to clear as many claims as possible or it affects their annual performance pay bonus. If the claim is denied, they get credit for completing a claim action.

Action Rule # 4

Know the rules the VA must follow.

It’s easy to access their statutes, regulations, manuals, legal opinions and pertinent case law online. If they, in any way, stray from the golden rules then you can bring this to their attention. If it is worth filing, a claim it is worth the time and effort to understand your rights and entitlements.

Action Rule # 5

Take your medical records to a specialist outside of the VA along with the appropriate VA Diagnostic Code

It is more likely than not that VA medical evaluation will be performed by a Physician Assistant, Nurse, Practitioner, or a retired GP doctor. The findings may be well intending, but in many cases, marginally qualified medical staff members are another reason why many claims are denied. If you feel this has happened or is happening to you, take action by declaring your concerns of a “Flawed Examination” by filing a “Notice of Disagreement” (Appeal) immediately.” Take someone with you when being examined. Later they can offer a sworn statement as to what kind of questions you were asked, how long the exam lasted, what were the medical findings, did the examiner follow the proper protocol, and did the C&P examiner have your claim file and was it reviewed prior to the exam. Important: What C&P examiners tell you in person versus what they actually file in a written report can be entirely different, be sure to concentrate on what is actually documented over what you are told. Remember, it is your right to declare your concerns of a “Flawed examination” and to file a Notice of Disagreement.

Action Rule # 6

Are you claiming a disability based on a Combat Injury or illness?

The VA must accept your explanation if your service records show you have a Combat Infantry Badge, Purple Heart, Bronze Star and Air Medal with V Device along with other awards & decorations. This cuts out all the guesswork on their part. They only have to evaluate the degree of disability based on the medical evidence.

Action Rule # 7

Become a Paper P.I., learn how to track key evidence to support your claim.

Here are several examples where evidence may be hiding: “After Action Reports, Unit’s History, Sworn Statement from those who were with you, and your Sworn Statement detailing the events and Circumstances.

Action Rule # 8

Look for a qualified advocate if you need assistance.

You can measure their worth by how well they know VA regulations, manuals, and case law. You do not want to join up with a service officer who can only fill out VA forms. Ask them how many appeals they have filed and how many cases they have won. Look for the Service Officer who says “Hell yes! I’ll go head to head with the VA.

Action Rule # 9

Read every letter from the VA with great care.

Immediately after filing, a claim (approximately three months later) the VA will send you a notice entitled “Expedited Action Attachment.” Don’t let yourself be forced into allowing them to expedite the processing of your claim. You have one year by law from the date they received your claim to submit all the evidence before they can render a final decision. They may even send you a notice after the sixty day period that they are denying your claim for failure to provide compelling evidence. If this is the case, respond by sending them a “Notice of Disagreement” stating you have by law one full year to submit the necessary evidence to support your claim.

Action Rule # 10

Join and Support Service Organizations that have the experience and understanding of the evolving VA system.

In VA facilities throughout the country there are signs and banners stating “we support our veteran customers”. In actuality due to limited resources and an overtaxed VA system, most Veterans feel like more of an expense to the system than a customer. You have paid dearly for these benefits. To get, receive and keep what you are entitled to, band together with your fellow veterans and dig in. Hold the line when they want to cut benefits. Make them comply with the laws as provided by the Congress. Very few of the White House Staff, including the executives and the political appointees in the Department of Veterans Affairs have had actual combat experience. The VFW, American Legion, AMVets, Vietnam Veterans of America and many others have active chapters across the country. These organizations have been through the ringer with the VA and have the experience that will benefit many Veterans and their families.

Courtesy of John D. Roche Author of :

“Veterans’ Survival Guide: How to file and Collect on VA Claims”

“Veterans’ Survival Guide: How to file and Collect on VA Claims Revised 10-27-06

“The Veterans PTSD Handbook: How to file and Collect on claims for PTSD 12-22-06”

“ Appeal It” Release Spring of 2007

“ Keeping Secrets Hidden: First Gulf War”

For those of you that beileve in our in our family and friends that are in the military or have served this bulleting is for you.

Believe it or not, many of us upon completion of service must face another battle on our the very ground we swore to defend.

We raise our right hands and pledge our lives to ensure that the freedoms many hold for granted are there to be used.

Some do perish as we see in the newspapers, and a great number more are wounded or injured.

These are the military members that are in need of support, not by hugs and smiles. Now don't get me wrong, we do need those emotional ties. The greater gift you can now give is knowldge.

When a service member has a disability a claim must be made with the VA. Depending on HOW that submission is done can mean the true help they need or a long battle to claim what they deserve.

Even recently I spoke with a retiree that has been fighting to get his benefits for over three years. Now he told me about the book I post on my site. This book has the knowlege they need to appeal thier cases if they already submitted. Or be ready when the day arrives to say good-bye to the service (As is my case) .