kevin4998

Just my thoughts, compensation should include comp for the period from first filing claim. No not the percentage comp that you get if win a claim but comp for delaying a claim that you win years and months later. This comp is because your claim SHOULD of gone through the FIRST TIME AND COMP FOR Delay in payment. I am sure I am not the only one that bills fail behind and ended up in collection, relationships strained or worst.. and add in mental stress of lossing a good job and/or family because your not who you "use" to be. Our lives changed going into the military, then further changed by the many things we each have gone through. To go through the waiting period and "pin & needles" waiting on "the letter" is quit enough.. then to contend with the bills.. yea..

I filed my first claim for VA and SS on the exact same day. I won my VA claim (first) with in 2 years.. SSD took just a month later or so.. First notice as expect was denial.. appealed.. denied, but as expected, in front of judge with work specialist on video camera.. she absolutely said zero chance of me finding a job. Won, as expected.

Well I finally called the VA on this matter. The lady stated I WAS P&T AND unemployable which really confuses my feeble mind. I mentioned about future exams, and all she said it is not listed. So, two things left on this matter. One, will i have future exams for compensation? Maybe Second, if I found some place that I could work that would except my issues and allow me to work my way (bathroom calls when needed (which would be often on some days), allow me to sit or stand as needed when I needed too) would this jeopardize my compensation? Take in mind that is very hypothetical because I am not looking as I already know my limits pretty much and working is unfortunately not in my foreseeable future. Its just I am left a blank answer on this and I really do not know where I stand with it and for me that is frustrating. A simple yes or no is all i need and i do not think i will get that. I do not like "blank, unanswered" questions in my life. Anyway.. it is what it is as usual for me. Is the glass half empty, or half full. Just never know.

After reading up on the Total and Permanent. It appears since they say in the document "Total SERVICE-CONNECTED disability, PERMANENT in nature", this would make me believe even though they still refer to my TDIU in the letter, it is a MUTE at this point as per that particular line would make me 100%. BUT it still does NOT say those key words "No future exams". I understand that I am still going to have exams to reduce or even raise my ratings, but it still worries me that they my go back to me being TDIU as per this letter and review the TDIU and remove it. They really love to play the word games here, by omitting No Future Exams that leaves the door open to do as they please... that is if I did not fight it.

Well the letter states Total and Permanent but does not say anything about No Future Exams. So I guess I can still be re-evaluated for decrease. Not sure what the letter is stating other than the fact they did reduce my Somatic Disorder from 70% to 50%. This is all very confusing because they seem to change wording so easly. Such as "Because your disability improved as of the date of the exam which is the second exam to show an improvement, your ptsd evaluation of 50 percent with a final overall unchanged combined 90 percent will not be reduced with your individual unemployability. 38 CFR 3.500" That is saying I have PTSD, not Somatic. Another issue is when I had the conference call with the lady she mentioned a review done back in 2018, and also so do this letter. But, for the life of me I do not recall going to the facility, or third party or a phone call about a review. Where they are getting this review in 2018 I have absolutely no clue. I need to call them tomorrow and ask them to send me all documents of me actually requesting a review. Apparently I did so in 2017, but I never actually saw a doctor/nurse of any kind. Some how (after reading what was online just now). they decided my condition was better. Only thing I remember is something about being declined for something or another, and never followed up on it. I think it was too request to add my Sleep Apnea to be service-connected due too Somatic disorder which caused my Sleep Apnea. Any way I am confused to whether or not if I will have a review one day or another to end my TDIU. That is where I am at and this issue back in 2017/2018.

Exactly, thank you

I did talk to the VA today, but of course they could not talk about it over the phone till after I receive the formal letter too explain anything.

What I meant was I believe I am now 100% scheduler with no future exams (we will see when I get the formal letter). The reason I believe this is for this change on E-benefits Summary Letters. First one is my old summary letter and last one is new summary letter. Sorry for the confusion. When I get the official letter I will see what it has to say, and update.

So I had a review for my mental issues this past week. I was rated at 70% prior to this past week, and with other combined service-connected issues I was rated 90% with TDIU too 100% This morning I logged onto e-bennefits to see if any changes was made. I looked at the disabilities listed and sure enough they have dropped my mental down to 50%, was dreading this and expecting that... after all they cut and cut benefits don't they. I was worried about loosing my TDIU so I pulled up my benefits letter with the details to see what if I could see my TDIU go "poof".. sure enough no TDIU... BUT, wtf is this?! Damn! (sorry) Copied and pasted straight from the letter: "The effective date of when you became totally and permanently disabled due to your service-connected disabilities: May 07, 2020" Wholly @#$^ Edit: btw even with the 20 dropped off my mental, I am still at 90%.. crazy math it is...

Not sure how to title this or where to put. Hypothetical, so numbers are off. Okay lets say a person is rated 60% for combined various alignments for service connected issues. This same person has separate mental issues at 40%. Mental issues are a separate C&P exam from physical issues Now this person goes in for a review of his/her mental issues. Upon C&P completion it is decided the person is now at 100% (which is unlikely of course except extreme cases I am pretty sure) This confuses me because upon the award letter arrival it states the person is awarded 100% with no further examinations. Does that mean no further examinations also for the the physical 60% ratings, or just no more reviews for mental. leaving out all other exact numbers and going above 100%, I am just curious of this particular question. Hopefully I hear some good replies because odd enough my mind keeps wondering about this lol

When I filed my Social Disability I understood very clearly that the first round was doubtful to win. Second was better, but a majority was won in front of the judge. I also understood the judges look at 5 things, and you need to ask yourself and be honest to yourself the following items. When you think about these things ask yourself how will you reply to a judge, and give specific examples of past experiences.1. Are you working? “If you are working in 2020 and your earnings average more than $1,260 a month, you generally cannot be considered disabled. If you are not working, we will send your application to the Disability Determination Services (DDS) office that will make the decision about your medical condition. The DDS uses Steps 2-5 below to make the decision.2. Is your condition "severe"? Your condition must significantly limit your ability to do basic work such as lifting, standing, walking, sitting, and remembering – for at least 12 months. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to Step 3.3. Is your condition found in the list of disabling conditions? For each of the major body systems, we maintain a list of medical conditions that we consider so severe that it prevents a person from completing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4. have two initiatives designed to expedite our processing of new disability claims: Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrig’s disease (ALS), and pancreatic cancer. Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance. For more information about our disability claims process, visit our Benefits For People With Disabilities website. At this step, we decide if your medical impairment(s) prevents you from performing any of your past work. It is doesn’t, we’ll decide you don’t have a qualifying disability. If it does, we proceed to Step 5.5. Can you do any other type of work? If you can’t do the work you did in the past, we look to see if there is other work you could do despite your impairment(s). We consider your medical conditions and your age, education, past work experience, and any transferable skills you may have. If you can’t do other work, we’ll decide you are disabled. If you can do other work, we’ll decide that you don’t have a qualifying disability and your claim will be denied.” https://www.ssa.gov/planners/disability/qualify.html#anchor3 Using this knowledge and thorough thought in responses will give you an edge how to respond to the judges question. This is basically how I won my case in 2 years. I had no expectations of winning in round 1 or 2 and then hired my lawyer for the judge round. I spent hours thinking how to respond to the questions I believed I would be asked. Do not be surprised if during the hearing that the judge has a video chat running with a work counselor. I had one and the judge asked her how many jobs I could do with my medical issue #1, she gave an answer. Then the judge asked her, out of those number of jobs, how many of those jobs I could do with my medical issue #2? She replied such and such number. The judge then asked her out of those numbers how many jobs could I possibly do with my third medical issue. By that time it was less than 10%. Judge immediately declared me unemployable. Good luck

Well I was expecting this and hoping it would never come. I was just called and notified that they want me to come in and do a mental compensation re-evaluation. Its been about 5 years and since I just turned 54 this past month in February I was sorta expecting this. My Mental, as you will see is my higher of my compensations... rated at 70% giving me a total of at least 90%. This rating allowed me to follow up with a TDIU request which was approved. I am almost positive they will attempt to lower my 70% down to 50% (hopefully no lower), but, doing the math still puts me at 90% overall. So I have a few questions. 1) Would it be possible they may lower my mental below 50%, that seems a bit to much for a normal drop? I personally do not think I am below 50%... I fully believe I am at 70% dgaf if I die mentality really. 2) If by chance they lower my percentage by any percent would they re-eval me for my TDIU, or could they automatically just drop TDIU with out an evaluation based on my percentage if my percentages no longer meets the criteria? 3) On the very remote chance of them keeping my percentage or even more remotely raising it... would that be an automatic possibility of Permanent and Total based on my following numbers? I ask this because the next higher is 100% but I do not believe they will do that. And, I also ask if at 70% because of just turning 54. From my research at age 55 most of the time doctors dont expect improvements on medical conditions. So IF this is true, maybe this is the reason of the the re-evaluation. somatic symptom disorder with persistent depressive disorder 70% Gastroesophageal Reflux Disease (GERD) 30% Barrett's esophagus 30% spinal stenosis 20% Radiculopathy, right lower extremity 20% Pain disorder 30% Radiculopathy, left lower extremity 20% 94.73152% with pain disorder 90% with pain disorder 92.4736% with out pain disorder somatic symptom disorder with persistent depressive disorder 50% Gastroesophageal Reflux Disease (GERD) 30% Barrett's esophagus 30% spinal stenosis 20% Radiculopathy, right lower extremity 20% Pain disorder 30% Radiculopathy, left lower extremity 20% 91.2192% The rounded number would be 90% with pain disorder 87.456% The rounded number would be 90% without pain disorder I included and discluded pain disorder because in a way(and from what I have read years ago) pain disorder is a mental disorder... I could be wrong and probably am. But i am always worried they will remove it from my disabilities. If you have any input please respond so I can digest this well in advance of March 23. Talk about my anxiety going through the roof today.. ugh. Thank you Kevin!

Thank you for your response. It would be either a one duplex or quadplex (VA home loans go up to quadplex, which i will be utilizing). Basically that is about all i will be doing. Maintenance and yard care would be done by someone I would hire (also why I would only consider collecting halve of the rent for myself and rest to home care). Not that it would matter to the VA but I would also probably go through the VA housing people for veterans looking for home. My concern is also partly that when I was first awarded comp it was based on my income as well. I dont think that is the case now at that I am at 90% with TDIU 100%. I have not worked since the day I filed for SS and VA comp which I did both at the same time back in 2011. I hope this is all correct, it would be nice to have a home and mortgage that is partly taken care of and not just an added expense.

I am about to purchase a home. I would love to buy a duplex, so my costs are cut in halve at least. (I say have, because the other halve would be going to a maintenance savings for the property) Problem is I am 100% due to TDIU. I have read that this would be considered unearned income by Social Security and would not jeopardize my Social Security, but VA comp may be lost. I also read that if it was managed by an outsourced individual that I would not loose my VA comp. But, for myself that would mean I would need to hire someone (property manager) and that would probably reduce any beneficial income from the rental property. I would rather just do it myself (if only a duplex). I have come to far to lose my VA comp, but I would like to have a little extra hand with the mortgage. Anybody have any real knowledge on this, such as have or is doing this that is on TDIU? Thanks for any input!