What To Do if VA Denies Your PACT Act Disability Benefits Claim
Vložit
- čas přidán 26. 07. 2024
- The PACT Act, which was signed into law in August 2022, expands VA disability benefits and health care coverage for toxic-exposed veterans, including those who have been exposed to herbicides, burn pits, and more. Eligible veterans can file a PACT Act claim for VA disability benefits but, like many veterans, they often face denials. Tune in to learn more about denied PACT Act claims and how to handle them.
READ more about the PACT Act here: cck-law.com/blog/new-bipartis...
How to Appeal Your VA Claim: cck-law.com/blog/how-to-appea...
Learn how CCK can help: cck-law.com/why-hire-cck-for-...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com or call (888) 559-1385.
0:00 Introduction
0:37 PACT Act 2022 Overview
1:14 How to File VA PACT Act Claims: Presumption of Exposure and Service-Connection
3:26 What If My VA Claim is Denied? Appeals, Effective Dates
4:22 AMA Appeal Options for Veterans
6:42 Getting Help with Your VA Appeal
7:14 What CCK Can Do to Help
I was just denied. My service record shows I was in a place covered by the PACT act at a time that's covered by the PACT act with a chronic B cell leukemia that's a presumptive within the PACT act. The VA has been treating me for this leukemia since they diagnosed me 7 years ago, so it's not like they don't have my history and diagnosis. The day I found out I was denied, I filed for a higher level appeal with a voice conference with a reviewer. Truthfully, I'm shocked it was denied. I know it's the VA and I shouldn't be shocked, but I really am.
Wow I’m sorry that is a shame I wish u luck..
We the Veterans, should appeal incompetent people being employed with the VA in determining veteran claims...
It goes something like this:
1) A law passes so you file a claim with evidence.
2) VA denies your claim. 3 different law firms told me this is automatic.
3) You, dear veteran, must file an appeal.
4) Wait for years for an appeal hearing. 2 years and counting here.
5) Your guess is as good as mine.
@thomasfraser9072 Well said, I couldn't agree more. Suing you is of course, a further waste of time and money. Suffice it to say, VA stands for Veteran's Adversary. Good to know, and if I had to do it over, I wouldn't bother with you people. Heck, most of you don't want to be there either. But you can't cut it in the private sector, so there you are with your myriad forms, checkboxes, and attitudes and lip service about caring about we who served. Well, I'd wish you good luck, but unlike you, I don't lie.
I think the VA wants us to use these "Vet companies" in order to make shit up to get what we deserve
Welcome to the club PACT Act vets! I've been waiting 2 years for my appeal hearing under the Blue Water Navy Act. I was afraid the same thing would happen to you guys.
@@Godschild2024 SOP, brother.
I was denied for COPD, I served in Desert Storm, Honorable Discharge, diagnosed with COPD at my C&P exam and still got denied! In a HLR! I truly don't think the VA is following the rules of the Pact act to the letter.
Nope, they sure aren’t. I’m clearly diagnosed with asthma and they said in a denial that I am not diagnosed. HILARIOUS!
THE VA TRIES TO LOOK LIKE THEY CARE VISUALLY BUT BEHIND THE SCENES IT'S A DIFFERENT STORY. DON'T GIVE UP! 🇺🇸👍🏻
Get a outside diagnosed?
We are in the same boat and they can’t find any of my service treatment records
Appealing?
Thank you for posting this 👍🇺🇸👍
It's a complete joke! I paid for a PFT at local hospital which came back in my favor. Went to C&P and they made me take another PFT. Theirs consisted of a mouth piece that connected to a lap top via a usb cord. Of course theirs came back with numbers going in the complete opposite direction but still high. I received a letter from them stating my numbers were abnormal and should see my PC physician. But that gave the VA what they needed to send my claim out for a second opinion which without a doubt will come back in their favor. Pact act is another program that made it look like our politicians were doing something for us but in reality will help very few. Ukraine soldiers will have a better chance of receiving VA benefits then American military personnel do.
I hear that, brother. The VA insisted I go to Jesse Brown hospital in Chicago for a physical. The doctor, if he was a doctorl, refused to even give his name. He took my blood pressure with a machine that felt like it might tear my arm off 3 times; each time the reading was wildly different. I guess he finally got the one he wanted.
Yes, absolutely Correct. Veterans benefits are being spent by the white house in Ukraine, illegal mass immigration whom are murderer, rapist and child molesters, ... etc.
Great explanation guys thx!
Thank you for tuning in!
I got denied under pact act , appealed I was sent twice in a year with a contracted outsourced dr. It was a joke on both occasions , unprepared they did not review my files, the exam lasted a minute I was asked for information that was in my file and yes I was suppose to prove my chronic sinusitis , the VA even operated on me me and failed the procedure .
200k submitted, 200k denied...
I was stationed in Gulfport, Ms. 15700 barrels of Agent Orange! Our training area was at ground Zero! I was a Seabee. Mechanic. Worked on all construction equipment. denied 8 or more times.
Does the language of the VA actually apply to you then think to fill correctly only the boxes that does apply to you .if you are not sure what to write leave it blank or request help from the VA. The VA may very well get back to you. But if you failed in the EZ form they will
and most likely under their administration laws deny you at this time. The VA is not obligated to tell anyone how to follow directions; but they may likely dismiss if you made an error on the EZ form as they’re are several boxes you need to leave blank. The VA. So personally get back to you or if they wish they might suggest you toss this one out. So try it another time. When the VA says you are free to apply. You may still fail. So do not get angry simply try when the VA says you can. Do ask them when and you can fill out a new one. But know you will not likely be entitled under the law to get back pay
Not a lawyer so what I wrote is not my fault. Cheers
I got denied PACT act claim because when I was a teenager I had sinusitis since going to the Gulf War it became chronic. Also the VA Dr over the past 15yrs has put that I have headaches instead of sinus headaches. They screwed me over big time.
I truly feel terrible for you. Absolutely they did you stuck your neck out and they chopped it off.
Not a lawyer.
I am not a lawyer and I sure would never have hired one for me to fill out a VA form. If you think you need to hire a lawyer hire a lawyer preferably one who is extremely educated in to federal laws as well as VA policy and make him/ her show the advice they gave you matches the VA administrative law before you commit to their fee; free or otherwise
They lumped my hands (Dupuytrens contracture) my feet (plantar fasciitis) and insomnia all into PACT act and then deferred everything until the pact act was implemented. My lawyer just lets this ride😢.
First think for yourself and carefully follow the boxes on the EZ form that apply to you and you alone. Their are several things that absolutely is not ment to be on this form so leave it blank. Do not write on the VA Form EZ the words intent to file it is already understood and you just damaged the goods
Likely you placed yourself in a sea of sharks. Not a lawyer and feel bad for you. But you still have little time left to think the process through for yourself. Under The PACT ACT provisions you must include this wording in your VA EZ form and must also write on the form the exact word your presumptive claim. Would you do it for MGUS? No! Because you have never been diagnosed for it as I was. If you can’t prove then do not write it down on this particular form form. Is it for exposure to chemicals or because of agent orange then you would write that on the EZ form. In the words of the presumed condition and not any particular rises you may have. If you are already derive connected them you would write in the proper box exposed to anger orange and north ing else Correct? And think do not list your symptoms on this form. You need not list you symptoms in that particular v a form there is no box to include that inot they will likely dismiss it. Don’t you think?
Think for yourself what does the word intent to actually mean. Does your lawyer know. Ask him/ her. So you paying your current lawyer has he/ she really given good advice. Your time to legally file is in a matter of a few days so you must do it now or try later and I guarantee it will be harder come then. Can this lawyer reallyhelp you. Then you decide for your if you should Fire the lawyer or not. Cheers again i have not given legal advice as I am not a lawyer and have not been paid by you and rightly so. Cheers. Sorry for the typos
Simple put think for yourself! If it is not immediately on a box that appliesto you then it is safer to leave it blank as it serves no purpose of this VA this particular VA form at this time. Think for yourself while you are doing the EZ and leave blank those many boxed on the EZ form which is not applicable to VA administrative laws and yours intent to file. If you need anymore help just let mr no but remember I will not be responsible if you loose as I have given you no legal advice.
I was denied for Colitis despite a TERRA acknowledgement, it was based on being a previous smoker and they are saying that is the cause, not the chemicals I was exposed to
I in Guam in 1975 which is on the presumptive list I was approved for jak2 cancer and high blood pressure but turn down because the va said I wasn’t in any presumptive areas so I to start over with paperwork to show the va was wrong about my overseas duty I wonder if this will be a shorter time to find out if the Va can get there shit together.
They denied my asthma claim saying I don’t have a diagnosis and the diagnosis is in my Blue Button Report 14 times.😂 So yeah… I went to a pulmonologist and everything. Sending new evidence as well as the old evidence with the asthma stuff all circled in red crayon for them.
Use a DBQ and a Nexus Letter from your Doctor
@@dianeconroe4153 why do I need a nexus when it’s presumptive? And why do I need a DBQ when the diagnosis and treatment is listed clear as day in my records? The doctors names and notes are all there. The information is there and it’s valid. This is bs and they know it.
@Diane Conroe Man I need to sit down. I could of sworn I read it as a BBQ letter. I'm like wtf is a BBQ letter.
If you cannot later prove the specific language of the VA and write it on the box they will write you a letter and deny your claim. I am not a lawyer
Good info 2:30
Mine was just denied, yet they did give me a 10% rating for "lupus". Go figur. YOU MUST submit a list of logged times/date of the events, for lupus, which was something my Am Legion rep FAILED to suggest when putting together the req. My GWS , even under a "supplemental", was denied also. WTH! The whole process is based on the right "verbiage" they are looking for and denials are a high percentage. They seem to want to make you either give up or fight for something over a never ending quagmire of back and forths.
Use your common sense. Follow direction fill only the boxes that actually apply to exactly what you are applying for. Use VA language as a guide to your filling in the blank boxes that apply to you only . Not a lawyer
@@thomasfraser9072 I’ve learned a ton about this whole process in the last couple of months. Ditched the vso, watched a lot of videos, researched the 38 CFRs and diag codes, M21s, and have increased my percentage on my own. My issue is with VSOs who are paid to guide vets yet so many I read about can’t do their job correctly, just like mine did.
*presumptive if you were in any of the listed locations on the VA website 🤣🤣
Mine was remanded. They want a Dr to say my Hodgkins Lymphoma was as likely as likely not from the contaminated water at Camp Lejeune.
My oncologist is a VA oncologist, so he won't write one. So I guess I'll have to find an oncologist and pay for a nexus letter.
I was at Lejeune for 8 years. I've had Hodgkins Lymphoma twice. The VA is just doing the old run around!
QUESTION: regarding the presumptive claim for PACT ACT, specifically Burn Pits in Iraq 2005 to 2006.
I am also 100%p&t
Here's goes my question, do I or am I able to file for presumptive, due to burn pit exposure whiting the time frame, file and only use my dd214 for "evidence" of me being in theater during the time frame stated? Does this affect my 100%p&t claim? Does this add the ability for medical monitoring and it be covered for medical in the future if a problem arises later?
I truly don't understand and I am running out of time to file.
I did submit an Intent to file form today.
Please advise.
Thank you
I missed when you addressed the BVA gridlock.
Basically, Jon Stewart set up a bunch of vets for heartbreak.😡
If a person is involved in the civil lawsuit against 3M, Dupont etc, etc, can that person still file for military disability under the PACT act for a presumptive condition?
What about Vietnam Veteran’s that were exposed to agent orange, but not in country???? They don’t seem to talk about that aspect.
I has filed a claim to VA under pact Act. It was allergic rhinitis and asthma. The rhinitis was service connect with 0 %. However the asthma was combined with my sleep apnea with 50% in which I was already rated for my sleep apnea after I retired. All they did was the rater just call mbined my asthma along with my sleep apnea. WTH!!! Is it even worth it to appeal it. ???
The VA wants you to kiss their ass and beg. Not going to do either but if you need the increase, fight with the appeal.
How come this doesn’t cover Bosnia 2001?
APPEAL,APPEAL, APPEAL!!!
Supplement claim and or higher level review is the way to go....Faster than an appeal to vba
@expectnolove9978 after 20 years of being unemployable %, with one SMC. The way to expedite is through financial hardship. Or 72 years of age moves you to front of line.
Hello. I have a female cousin whose dad was a Vietnam-Era veteran, who has since passed. She would like to file a Pact Act claim but her dad is not listed on her birth certificate at all. What is needed in order that she file a claim as a dependent? Thanks.
She can't even collect his disability, but if she is unmarried and her dad died of a service related disability than she might qualify for some dependent payment. It's like a one time payment. Her dad would have to be alive, and he would have to go to the va to prove he had a new disability caused by his service. I mean I guess she could contact a vso.
In the F.O.B.s in Afghanistan burning was all the time with other countries forces from trash poo to the unfortunate iv never forgot the smells. No camera to prove it just the memory. So how to go forward with the VA hasn't been easy. But we endure
I was diagnosed with Fibromyalgia in 2019. I was denied then. I filed again under the Pact Act because I served in Afghanistan in 2004. I received my letter today denying me still. What is presumptive if I have to keep proving my condition.?!?
Exactly! Why tell us to submit again if it was denied initially before that pact act and then tell us to apply again, but then STILL deny us! It's a fucking sick joke to be honest. It sure as shit doesn't pay to play by the rules with the VA. Might be time to either use one of these companies or lawyer up.
My issue is they approved my sinusitis but rated me at 0% they did say I am now eligible to all the stuff I'm already eligible for from a prior service connected injury but it's like what the heck 0%?
file again and you wil get approved.
I’m filing for secondaries to tinnitus. I also have two Camp Lejeune presumptive disabilities. Would you keep these claim’s separate from each other or put them all in one claim?
I recd the same for my claim. VA examiner documented diagnosis was only by xrays which allows for 0% service connected. However as i responded to the questions for DBQ it didn't show periods of incapacity due to sinusitis, which was correct. An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician. For 10%, you must have one or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment and 30% you must have three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment. I hope this helps. Good luck!
@@CPVet55 I suggest filing as one, otherwise you run the risk of a delay in review as they’ll schedule separate C&P exams. I filed my tinnitus with my PACT Act claim for asthma and sinusitis. I did two C&P exams at the same facility and claim was completed in less than 100 days.
How much is the fee for appealing?
The fee is 25% of anything you get.
We got a denial today actually saying my husband was approved for service connected disability for pact act but the percentage was 0%. WHAT THE LITERAL FUCK? It said the symptoms are "non compensable" however we were never asked symptoms and havent even been given an appt.
So first claim must be on a 526
how do I get a pact act physical?
Request it thru PCP. VA has a New Dept where you be screened. A questionnaire about every possible exposure you mat have had in your life time! Labs,rays
I filed a cancer claim before Pact Act and naturally was denied, VA reopened it when Pact act was signed, got 20% and zero backpay.....
That’s terrible. My friend did 3 tours died of brain n lymphatic cancer. I pray his wife can get something
I hope she does....get a lawyer.....
Wasn't the PACT Act signed into law August 2022? Not sure where the rationale would be for backpay before that date.
@@evilload he passed in Oct 2022. In my opinion, VA just misdiagnosed him regardless, as the usually do. Not back pay, sue their butts!
My claim was filed in August 2022 right before pact act....I am appealing. May be useless but it's the VA.
Just got denied but not surprised im from New Mexico and Hispanic so why would they help.
What where you denied for?
Insane
I was in the US Navy, 1974-1975, Vietnam Vet, living on a ship while they were grinding off lead based paint, air born dust from the decks and bulkheads. Sleeping, eating, working 24 hrs a day for about 6 months. My claim was denied because my current health issues do not support my current health conditions the VA had me tested for, which are not connected ... The VA makes a big deal showing the Public how well they take care of their vets, but not seeing anything showing they are denying 95% of the claims. They have a history of waiting out a Vet, delay, delay, delay until the Vet is no longer with us ...
Is the pact act a guarantee disability benefit
the va did not deny my pact act claim but gave me a 0% wtf do i do with that.
It’s service connected even with a 0%. They conceded. However, the zero percent means they felt it didn’t have any impact on your life at this time. It’s important you express your symptoms and everything.
Also… since you have a service connected rating there… you can now attach secondary claims to it!!! GET TO WORK MAN! YOU’RE GONNA GET PAID!
I have 2 service connected with 0%. Right shoulder n hip. I had surgery on R shoulder n did refile
Read the DBQ, that will tell you why you got 0% and look up the rating for your conditions.
Bruh i was treading in a burn pit in afghanistan looking for sensitive items thrown away. 99% of the time i cant breathe out my fucking nose
This is sickening screwing veterans!!!
What does a Navy Vet from the mid 70s do when I was diagnosed C-PTSD 4 years ago from a Clinical Psychologist at VA San Francisco CA......filed several claims for Migraines, OCD, depression and anxiety, Nero..Skeletal thru a VSO 2 years ago and just found out I didn't have a " Separation Physical" in 1977 when I separated and none of my Medical Records from time in service can be found...how would I prove my claims?
If you don't have the physical medical records you can use a physician statement attesting to treatment and diagnosis. It would be on the physician's letterhead. Additionally the C&P exam will result in a DBQ being completed regarding diagnosis and treatment based on how you answer the examiner's questions. Good luck
I applied for my widows DIC benefits for Agent Orange. The VA denied it and said I wasn't a widow since I remarried. It clearly says in their own rules as long as you remarry at 57 or older. I was 58. Then they said they didn't find evidence my husband stepped foot in Vietnam. I'm so sure they looked through ship records. They also said he wasn't eligible because he died of a heart attack and his previous records didn't show he has a heart attack. He has diabetes and one of the complications of diabetes is heart disease. He was in the hospital under VA Care having surgery to restore circulation to his remaining leg. He died in the hospital after the surgery. I have hired an attorney.