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  • Posts

    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.
    • I have no idea what the letter is regarding and what it says.  Until then, I can't give you an answer.  I was simply making sure the other poster that stated what he stated understood that if the VA erred on a disability rating and the Veteran was getting over paid for it, the Veteran is not obligated to pay it back.
  • Recent Status Updates

    • EODCMC

      Wanna know the definition of insanity?
      ebenefits
       
      · 0 replies
    • PandaPig

      I was just wondering if anyone has ever sought a rating increase from 70% to 100% for anxiety without agoraphobia without having to go TDIU?
      · 9 replies
    • Kinfolk  »  killemall

      Out of curiosity how much did Dr. Bash charge for your IMO/IME's? Did he fly out to your area or did you just send him your medical info? I'm trying to get all my ducks in a row in the event the VA denies my claim. Thanks
      · 0 replies
    • floridanurse  »  Berta

      . IC(claimed as bladder condition). Less likely than not (less than 50/ 50 probability) proximately due to or the result of the veteran's mental disorder. Most likely (greater than 50%probability), a comorbidity. 
         Berta, what does this mean? my mental disorder is PTSD.  i claimed it as secondary , but she came back with this on my bladder C&P.  Does this mean that this bladder condition will be added to my PTSD?? i am confused as to why she put Less likely, then put Most likely????
         
      · 0 replies
    • Cricut  »  Berta

      Berta, 
      Thanks for all The Insight over the years..   APPEAL Homebound question...
        Im 70% P&T, IU, SMC k.  I am actually Homebound.  So, I can't go by the 100 Plus 60 for me. Im well aware of this.
      I'm on DRO appeal for Entitlement  to Homebound SMC s.  7 weeks ago The DRO contacted me Via Email Stating he was going to render his decision. I sent back a Email Stating OK.  I had my C&P In Sept of 2015. I read It And Its all In my Favor. Plus, I had my Psychiatrist Fill out a 21-2680 HB/AA form. That too IS all In my Favor. Not counting the All My VA Files from my PhD, And Psychiatrist which Is about 2 feet thick..     Anyway, No Ebenefits, updates at all...    SO, I call 1-800 peggy for the heck of It. 
      This Is what I was told from 1-800 peggy.  The Guy told me that The Appeal was ready for review.  I asked him did the DRO set Up a Hearing that I asked for? His reply, was No and there won't be.. Then I asked Him Is The DRO sending me for another C&P?  His reply was, No need too send you as you had one a year ago.  Then I asked what would be the time frame of my Appeal being completed?  He replied Your appeal will be done, closed, finish before OCT 23rd, 2016...   The 23rd Is a Sunday.....  
      I asked how would you know the Exact date.   He responded to me by saying, Trust me by Oct 23rd all will be complete and closed.....
      So, my question Is:    What Is your opinion On the 800-Peggy Guy told me?   Thanks For any and all comments welcomed...  Great site!!!!! 
      · 0 replies

  • VA Disability Compensation

    The Compensation program provides tax-free monthly benefits to Veterans in recognition of the effects of  disabilities  caused  by  diseases,  events,  or injuries incurred or aggravated during active military service. The program also provides monthly payments to surviving spouses, dependent children, and dependent parents in recognition of the economic loss caused by the death of individuals during their military service or as a result of service-connected disability after their discharge.

    To be eligible for disability compensation, the Veteran must have served under conditions other than dishonorable, and the disability must not be the result of the Veteran’s own misconduct. VA pays disability compensation monthly, and the amount varies according to the degree of disability and the number of dependents. The degree of disability is graduated from 0% to 100%, in increments of 10%. VA calculates the total service-connected disability by combining evaluations for individual disabilities rather than adding them. VA  pays additional special monthly compensation when severe disabilities confine Veterans to their immediate premises, require the aid and assistance of others, or include anatomical loss or loss of use of extremities or creative organs.

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Forums

  1. General VA Claims Questions & Information

    1. VA Disability Claims and Benefits Research

      VA Disability Claims discussions post your Veterans Administration disability claims questions or answer for others. Read and research other veterans experiences.

      175,862
      posts
    2. Appealing Your VA Disability Claims NOD, DRO, BVA, USCAVC

      Appealing your VA Disability Claims decision usually starts with the Notice of Disagreement (NOD)

      16,140
      posts
    3. Compensation & Pension Exams

      Compensation and Pension Exams -

      Please only posts questions regarding Compensation and Pension Exams

      15,579
      posts
    4. E-Benefits Questions

      Please post your E-Benefits questions in this forum.

      7,367
      posts
    5. 14,612
      posts
    6. Entitlement - VA Disability Compensation

      Once you know you are eligible for VA Disability Compensation, the question then becomes are you entitled to it by law. This is where to post those questions. it's OK, if you are feeling confused this is not at all unusual it can be a very confusing system. If you were injured in service and have a question about whether you are entitled to file a claim, post it here.

      Law 38C.F.R.3.4 (a) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or
      disease (including aggravation of a condition existing prior to service)
      while in active service if the injury or the disease was incurred or
      aggravated in line of duty.

      8,019
      posts
    7. Eligibility - Veterans Disability Compensation

      Questions concerning eligibility for veterans disability compensation. Eligibility - Veterans Disability Compensation,

      6,766
      posts
    8. 7,827
      posts
    9. 4,553
      posts
    10. Success Stories

      Post your successes and read others, VA success, Social Security success, leaving the house whatever it might be.

      This forum is dedicated to Carla Croft "CarlieCash" a dedicated member, moderator and admin from 2005 - 2015. She gave tirelessly to veterans here and all over the internet. Nothing she loved more than a successful adjudication. She remains in our hearts always.

      24,877
      posts
    11. OEF/OIF Veterans

      Welcome Home Brothers and Sisters - This forum is for our returning troops from Iraq and Afghanistan.

      We will guide you as to which forums your questions will get the most eyes on it.

      We want to provide help and guidance for you, if there is something you think would be beneficial for you let us know.

      1,038
      posts
    12. 2,891
      posts
    13. 1,986
      posts
    14. Veterans Benefits State & Federal

      Post your links and information about state and federal benefits available to disabled veterans.

      1,381
      posts
    15. VA Medical Centers Navigating through it

      To assist the veteran by providing assistance in navigating through the Veterans Affairs Medical centers.

      1,571
      posts
    16. Medication – Prescription Drugs-Health Issues

      Looking for folks who are the same medication as you and what they think of it. Exercise, diet ideas. Remember we are not giving professional advice, and you should consult your doctor regarding any and all health issues you may be concerned with.

      8,066
      posts
    17. VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

      VA Training & Fast letters, Directives, Regulations, Other Guidance Documents

      218
      posts
    18. MEB/PEB Physical OR Medical Evaluation Forum   (632 visits to this link)

    19. 258
      posts
  2. VA Claims References

    1. Title 38 / 38 CFR   (18,641 visits to this link)

      Title 38 Pensions, Bonuses, and Veterans' Relief also called 38 CFR. CFR stands for Code of Federal Regulations.

      Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

    2. 38 CFR 3 Adjudication   (19,320 visits to this link)

      38CFR3 is the part of the Code of Federal Regulations Title 38 that deals with the adjudication of a veterans compensation claim.

    3. 38 CFR 4 Schedule for Rating Disabilities   (34,934 visits to this link)

      This part of Title 38 of the Code of Federal Regulations list specific disabilities and what symptoms or effects equate to what percentage of disability is to be assigned.

  3. Specialized Claims

    1. 1,645
      posts
    2. 1
      post
    3. 1,660
      posts
    4. 5,184
      posts
    5. ALS - Amyotrophic Lateral Sclerosis

      Veterans with amyotrophic lateral sclerosis (ALS) may receive badly-needed support for themselves and their families after the Department of Veterans Affairs (VA) announced today that ALS will become a presumptively compensable illness for all veterans with 90 days or more of continuously active service in the military.

      149
      posts
    6. MST - Military Sexual Trauma

      A good site for these claims is http://www.vetwow.com

      This is a very sensitive issue, triggers abound so be careful. Remember whenever you post something on the internet it is there for everyone to see forever. So be cautious with what you share however if you have a claims question we want to help.

      1,178
      posts
    7. Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)

      Operation Tomodachi, Tomodachi Sakusen?, lit. "Operation Friend(s)") was a United States Armed Forces assistance operation to support Japan in disaster relief following the 2011 Tōhoku earthquake and tsunami. The operation took place from 12 March to 4 May 2011; involved 24,000 U.S. servicemembers, 189 aircraft, and 24 naval ships; and cost $90 million.[1]

      13
      posts
    8. 243
      posts
    9. 1,654
      posts
    10. 467
      posts
    11. DIC

      1,809
      posts
    12. 767
      posts
    13. 1151 Claims

      Claims under 38 U.S.C. § 1151

      Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

      169
      posts
  4. Veterans Helping Veterans Podcast

    1. Veterans Helping Veterans VA Claims Podcast

      Veterans Helping Veterans Podcast: Shows deal with a wide range of Veterans Affairs Claims and Benefits.

      Listen here live and archived show: http://www.blogtalkradio.com/haditcom

      1,490
      posts