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    • Temporary 100% post surgery/convalescense pay
      Whats up guys, hopefully someone out there can help me out here. Ok I had surgery on my right knee (service connected) on 4-13-16 at the VA hospital in Phoenix. I applied for convalescense pay the day before which was 4-12-16. My surgeon wrote a statemwnt saying I would be out of commission for 8-10 weeks or more if "desired strength in leg is not met" how long does the VA take to process something like this? And my understanding is the VA doesnt pro-rate meaning my convalescent start date is 5-1-16 and for 8 weeks will that be from 5-1-16 until 7-31-16? I currently am at 40% so i get $699.36/month. With convalescense do they pay 100% per month (in my case its $3187) or will they pay one lump sum for both months? Thank you     Quote   Edit
    • Ankylosing spondylitis. Rheumatologist diagnosis
      Hi all. Got a good one for you again. I saw my rheumatologist today and was diagnosed with Ankylosing spondylitis. It affect both my feet and my right hand. Apparently this condition is related to rheumatoid arthritis and when i start treatment i will have to take shots for the rest of my life. I just got low balled at 30% for bilateral plantar fascitis which i just found out is related to to ankylosing spondylitis. My question is do you think i should file a claim and will this get services connected??? So internet research i have seen said RA is easier to get service connected but this is another new road i must go down so i would apperciate some Knowledgable feedback. This condition also affect my neck and back and i did have some back issues in my service medical records. Thanks all and i look forward to youtlr replies. 
    • CUE? Not using SMR?
      What I see missing here is any mention of 38 CFR 1154(b) Combat enhancement. VA did not give  him enhanced credibility in 1983. In fact, they didn't even mention it which they would be required to discuss by law (and then discount as not being probative). That is CUE. VA is required to take any testimony about his feet in the combat environment as Gospel. It's clear they had the STRs when they made the 1983 decision. Presumption of Soundness at entry on the physical sets the injury metric.  If he had flat feet when he left, then it occurred in service -38 CFR 3.303(a). If he says he got flat feet and he has a PH and CIB, VA cannot argue otherwise. Having proved CUE, all he has to do is show that the error manifestly changed the outcome. The 2015 grant is proof of that. The only thing that could poke a hole in this balloon would be an unappealed BVA decision which would have rendered the subject closed. No appeal up to the BVA on any of those reopens following 1983 means a CUE  claim is still viable for 1983 as well as any follow on denials in the interim. Personally, I'd go for it. I'd get an atty. because it's going to be a cat fight for that many dineros. Sorry about that sugar. Your email didn't mention the medals and the CIB. That's a whole different ballgame. Anyone who would die in combat for their country gets a bye on their testimony as being credible without corroboration. 
    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  
    • Pending Case Dispatch
      They said it was remanded back to the RO.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Thanks all for the kind words. And yes I do sometimes feel that i don't deserve anything as i did not do combat. And there is way too many service men and women who have given up way more and come home with less than they left with. So it is even harder to stand up and ask for help when I see those Brothers in Arms coming home with severe injuries and some coming home with the Flag we all swore to defend. Thomas that road of drinking and drugs i went down and it almost destroyed my whole family. And after spending 30 days locked up in a rehabilitation hospital i don't care to go back again. I have been sober now for over 2 years have not had a drink and don't miss it none at all. I still pain medications but the VA limits that now and I have to sign that contract every month to get it. I do want to mention something I feel is Good News... As I look at the eBenefits website almost constantly to see if any changes are made. Good news tonight when I looked at it as one of my Open Claims is now in the Notification Stage. And then I looked to see and they had approved my second application to include my wife and kids on. Of course my daughter is in college and my son is 25 now, which they did not accept him as a dependent. That means they may have approved my Claim for Depression and Anxiety. But most likely they are going to a New condition and I will have to fight for the back pay. But since my previous Claim is in the DRO stage and I am awaiting the outcome of it. This new claim for Depression should move over to it now and be included. Is that correct as I can't file another NOD on it til the DRO issue's a SOC first. Anyways here a screenshot of them accepting my wife and daughter as dependents and also a screenshot of the awaiting Notification letter to be delivered. . 
    • NOD / DRO or TARP?
      After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much!  In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf

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murph

Va Form 21-4192

13 posts in this topic

I was layed off because of a reduction in force from a large school district,I always

had excellent evaluations and was senior to the other employees who were not let go.

I am rated 70% ,30% ptsd ,20,20,10,10,10,10," the other % is DM11,combat wounds"

I just put in a claim for IHD secondary to agent orange, The DAV service officer told me to also put a claim in for Iu. I would like to know how va form 21-4192 works ,does the va send form to employer or send it to me to bring to employer.The reason i ask is being i worked for a large school district the form would go to HR department and they would not know me personally, I think it would be better if i brought form to my supervisor where i use to work and let my former supervisor fill out form and attach a letter with her observations of my disabilities.Should i download form 21-4192 and take

of it myself and send it in to va.

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Yes, you can certainly do that.

Doing so will cut down on the time spent waiting, also.

Now, whether the VA will NOTICE that you have done this.....................?

They may, just out of habit, or due to policys and procedures, send another of these forms out to your former employer.

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I was layed off because of a reduction in force from a large school district,I always

had excellent evaluations and was senior to the other employees who were not let go.

I am rated 70% ,30% ptsd ,20,20,10,10,10,10," the other % is DM11,combat wounds"

I just put in a claim for IHD secondary to agent orange, The DAV service officer told me to also put a claim in for Iu. I would like to know how va form 21-4192 works ,does the va send form to employer or send it to me to bring to employer.The reason i ask is being i worked for a large school district the form would go to HR department and they would not know me personally, I think it would be better if i brought form to my supervisor where i use to work and let my former supervisor fill out form and attach a letter with her observations of my disabilities.Should i download form 21-4192 and take

of it myself and send it in to va.

In the meantime, you might just want to consult an attorney (look up one that concentrates their practice in "labor law").

Seems to me like there just be some prejudicial illegal actions going on here.

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Just remember for IU the reason you are not working has to be solely due to your SC conditions and not RIF due to the employer's problems. This is why you need a doctor to say you are IU because of SC conditions. Your employer is probably not going to admit they got rid of you because of your disabilites, but this is exactly what you need. Were you retired or just fired? As Larry says if you were fired due to discrimination I would run it by a lawyer to see if the school followed the rules on RIF'es. They usually go by senority and vets usually have some protection. If they went around a bunch of people to get at you then you may have a case.

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Just remember for IU the reason you are not working has to be solely due to your SC conditions and not RIF due to the employer's problems. This is why you need a doctor to say you are IU because of SC conditions. Your employer is probably not going to admit they got rid of you because of your disabilites, but this is exactly what you need. Were you retired or just fired? As Larry says if you were fired due to discrimination I would run it by a lawyer to see if the school followed the rules on RIF'es. They usually go by senority and vets usually have some protection. If they went around a bunch of people to get at you then you may have a case.

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Just remember for IU the reason you are not working has to be solely due to your SC conditions and not RIF due to the employer's problems. This is why you need a doctor to say you are IU because of SC conditions. Your employer is probably not going to admit they got rid of you because of your disabilites, but this is exactly what you need. Were you retired or just fired? As Larry says if you were fired due to discrimination I would run it by a lawyer to see if the school followed the rules on RIF'es. They usually go by senority and vets usually have some protection. If they went around a bunch of people to get at you then you may have a case.

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John999 and Larry thanks for the reply,I believe pstd and my heart condition which really slowed me down "40% ejection rate" was the real reason i was let go.I live in a "right to work state" and there is not a lot of protection for workers.I was working high school security and i don't think i can do the job anymore.I have been out of work for seven months.as i said i'm rated 70% now and with a claim for IHD "40% ejection rate"could be 60% disability,which i think would be combined 90% rate.That is why the service officer told me to put in for iu.As for the form i should let the va handle it?

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Murph...

If you have been layed off due to a "RIF", that suggests that your company downsizing had everything to do with your layoff, and NOT your inability to do your job (IU).

However, I beleive that the VA recognizes that companies wont tell the truth. Do you think they will tell you that you are laid off due to SC disabilitities? Lawyers would druel over each other waiting in line to sue your employer if they stated that in writing.

I suggest you provide some specific incidents of how your disabilities kept you from doing your job, and how your company used "RIF" as an excuse while keeping on junior people without disabilities.

Maybe one of your coworkers can help you document it.

The other thing is to be unemployable, you have to not just be able to not do your present job, but you have to not be able to do other available jobs. One way you can show that is to go for the Voc Rehab, and ask them to get you a job for which you are suitable considering your disabilities, retraining you if necessary. If you are unable to maintain substantial ganifull employment in your new field either, only then would you be eligible for IU, IMHO. Others may disagree with me.

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Murph,

I would also suggest that if you are concerned with what the HR department might say, then go to the source. Sometimes (not always I know) a person may have worked with other who are wlling to write a simple statement saying they were unable to perform their duties. I know a guy who retired, not because he wanted to, but because he had to due to his deteriorating physical condition. He made $30+ an hour in construction, but just couldn't do it. They tried to deny him because the HR department said he just retired... Yet a letter from his immediate supervisor along with letters from his spouse and other co-workers helped immensly.

You may not be able to obtain a letter from someone at work, but how about people in your community. Persons of stature such as: Pastors, Councilors, Fellow Police/Security, Goverment officials - local mayor etc. The idea are letter in support from people who are not unreasonably biased - the VA assumes (rightly so really) that family members are biased toward your claim. They still have to give them weight, but they weigh other sources like those above more heavily.

Further, you state your evaluations were good. Well I would get copies. If they were good up to the point you were let go, that could actually work against you unless you address the issue in your claim. The VA could say that since you had such great evals, you were clearly ABLE to perform the job. I would again, use unbiased submissions, and make your point immediatly in your claim that even though you had such great evals you were let go, thus defusing the argument before the VA can use it. I know the logic here is a bit convoluted but you have to think in legal terms... Honestly, I have had claims EXACTLY like this, and if you just tell your employer that you are filing a VA claim sometimes they will bend enough to provide a letter stating that you were released do to inability to perform essential tasks. They worry about unemployment claims, and comp claims. If you make it clear you are NOT filing these (which if you are unemployable you are NOT eligable to collect unemployment) sometimes they will be reasonable. Of course if you intend to file a comp claim, I wouldn't advise this... however that does not seem to be the case.

You are filing a claim for worsening of conditions, as well as the other new. I would certainly file for an increase in compensation if in fact you are suffering from a worsening of these service connected issues. Anyway, best of luck.

Bob Smith

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Oh, also unemployment laws vary, so I would look into the "inability to perform gainful work" issue before bringing it up. I know in Tennessee if you are truely unemployable, you don't qualify for unemployment (I know it doesn't make sense, but they figure if you are unemployable do to physical disablity you should file for social security)

Also if you are unemployable - then you could qualify for social security disability. This is both a judgement call on your part and the medical side. If you truely feel that due to your physical condition you will not be able to perform gainful employment.. well thats what SSD is for. Just a thought.

Bob Smith

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Murph,

I would also suggest that if you are concerned with what the HR department might say, then go to the source. Sometimes (not always I know) a person may have worked with other who are wlling to write a simple statement saying they were unable to perform their duties. I know a guy who retired, not because he wanted to, but because he had to due to his deteriorating physical condition. He made $30+ an hour in construction, but just couldn't do it. They tried to deny him because the HR department said he just retired... Yet a letter from his immediate supervisor along with letters from his spouse and other co-workers helped immensly.

You may not be able to obtain a letter from someone at work, but how about people in your community. Persons of stature such as: Pastors, Councilors, Fellow Police/Security, Goverment officials - local mayor etc. The idea are letter in support from people who are not unreasonably biased - the VA assumes (rightly so really) that family members are biased toward your claim. They still have to give them weight, but they weigh other sources like those above more heavily.

Further, you state your evaluations were good. Well I would get copies. If they were good up to the point you were let go, that could actually work against you unless you address the issue in your claim. The VA could say that since you had such great evals, you were clearly ABLE to perform the job. I would again, use unbiased submissions, and make your point immediatly in your claim that even though you had such great evals you were let go, thus defusing the argument before the VA can use it. I know the logic here is a bit convoluted but you have to think in legal terms... Honestly, I have had claims EXACTLY like this, and if you just tell your employer that you are filing a VA claim sometimes they will bend enough to provide a letter stating that you were released do to inability to perform essential tasks. They worry about unemployment claims, and comp claims. If you make it clear you are NOT filing these (which if you are unemployable you are NOT eligable to collect unemployment) sometimes they will be reasonable. Of course if you intend to file a comp claim, I wouldn't advise this... however that does not seem to be the case.

You are filing a claim for worsening of conditions, as well as the other new. I would certainly file for an increase in compensation if in fact you are suffering from a worsening of these service connected issues. Anyway, best of luck.

Bob Smith

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Thanks for the great advise,When i was let go i still wanted to work I applied for another job with old employer "same position" and i was not rehired I collect unemployment and cannot get a job.After talking to DAV service officer he stated that i should put in for iu. My wife and friends kept telling me to retire because of my health ,I have always worked since a teen and i didn't want to believe i couldn't do it

any more. My doctors would alway question me about working and i say i"m doing alright.

Being let go was probably the "KICK IN THE BUTT" i needed to finally let go and face my limitations which is hard to do.I know my past action will probably hurt my claim for IU but i just wanted to work.

I believe my former supervisor will write a letter which should help.

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Murph,

We understand.. we really do man. It has been 7 years since I was medicaled out, and I am still adjusting. I am 42 for crying out loud. I have worked all my life since I was 13 - I like to work - I MISS work, and the military. Yet, acceptance comes eventually... It is a bitter bitter pill though huh? All I can say is good luck, love your family, and let them be there for you. Don't shut yourself off, which I fell into. Find something which allows you to still connect - like this maybe. Thats how I got into advocacy and helping others with their claims. Don't say you dont know enough either, cause you found us and can learn... not that this is the only option.

If you need any help or want to talk, IM me and I'll give ya my phone number and email. It can be tough buddy, I know, but we are all survivors here or would have never served.

Bob Smith

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