This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


  • Topics

  • Forum Statistics

    • Total Topics
      60,371
    • Total Posts
      389,999
  • Topics

  • Posts

    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      Congratulations on your win, hope you enjoy with your family!
    • Sc'd And Non Sc'd, How Do They Effect Benefit Rating.
      Non Service Connected ratings do not effect Service Connected ratings in any way.The purpose of Non Service Connected ratings is two-fold. 1. The VA acknowledges that you have a disability, but it is not related to your military service. The benefit of this is if at a later date you can prove it is from your military service then you would be compensated all the back to the date they acknowledged the disability. In order to do this you would need your service treatment records and show where the issue was reported during service or that it is a presumptive condition of your service. Not very likely. 2. Non Service Connected disabilities can help you if you ever need to apply for pension benefits. Keep in mind the income limitations for pension are so low you do not want to be in that position.
    • Intent to file
      I'm not sure I understand what you are asking as you stated " 3 claims that I made days prior to my original claim is in intent to file status". The 3 claims that you made prior to your original claim are the original claim, or maybe I misunderstand your question. Nevertheless, here is how the claims process works. But first, know that each Veteran only gets one "original claim", all subsequent claims are just that, subsequent claims. So, the first claim you submit is the original claim. If submitted on an EZ form it is a Fully Developed Claim (FDC), assuming all med evidence and secondary forms were submitted at the same time. The second claim you filed automatically removed your claims from FDC. No big deal, it will just take a little extra time to process your claim. If the second claim is submitted while the original claim is still open it is added to your original claim, but has a different contention date.  An example might clarify things a bit. Suppose I submit an original claim for left knee on January 1. Then on January 10 I submit another claim for right elbow. On February 11, I submit a third claim and the original claim is still open. The VA will add the January 10 claim to the original claim with a contention of January 10, and the February 11 claim is also added to the original claim with a contention date of February 11. Assuming all three claims are granted you would have qualifying disabilities with effective dates of January 1, January 10, and February 11. The January 1 and January 10 disabilities would be payable from February 1, and the February 11 disability would be payable from March 1. *NOTE: If you got out of the service within one year of filing your claim then every disability would have a qualifying disability date from your first day of return to civilian life. Here is where the claims process can get muddied. Suppose your original claim filed January 1 was for lower back pain, and your February 11 claim was for pain radiating down the left leg. The VA may have already scheduled an exam for the lower back pain from January 1, but now they have to recall the med exam to insert what is probably a secondary issue of pain radiating down the left leg caused by the problem in your back. This slows down the process, or might result in you having to report for an additional exam. To answer the last part of your question of why the second claim(s) have not been added to the original claim. There are several possibilities, but the most likely is this. When the VA processed your original claim they reviewed your evidence and probably submitted the claim for medical evaluation and automatically placed a thirty to sixty day suspense date on it. This means they will not look at your claim again until that time has passed. When they do look at your claim again, they will see the other claims submitted and determine what steps to take next. Do they need to recall the previous med exams, issue new med exams, or grant or deny outright due to evidence on file or in your service treatment records.  It is at this point they will change the new intent to file issues to the appropriate status. All in all, it is best to get all your ducks in a row and submit everything at one time, but that isn't always possible. You haven't done anything wrong, it just might take a little extra time to sort it all out. 
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      You need to order your Cfile, and review your records.  Does your entrance exam show a history of alcohol abuse?  Also read your C and P exams.  The decision states the examiner stated your shoulder issue was less likely than not related to service.  This means you have not got a nexus.  If, indeed, your c and p exam says this, then you will need to fix this to get SC, probably by an IME/IMO.   You need to check your records to see if the statments they made are consistent with the medical records/cfile.  If not, its possible either the VA did not read your evidence, they shredded some, or they used another Vets medical records (yes, it happens).     You posted (from your decision) : "You submitted a lay statement to Support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent and sufficient in this case to establish a diagnosis of your condition or to show that a diagnosis had been made by a medical professional. You submitted a lay statement to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent or credible evidence of the symptoms of your claimed condition. Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition. While some evidence supports your claim, we found other medical evidence more persuasive because it is supported by your relevant military And/or personal history. The VA medical opinion found no link between your diagnosed medical condition and military service.  You submitted lay evidence that your claimed disability is..."   The underlined portion is not a valid reasons and bases.  They must be specific as to what medical evidence conflicted your lay statements.  They need to say something like, "The Veteran reported xx, but Dr. C on 4-14-2010 stated this was yy, and that xx was incorrect".   You probably need to file a NOD, after reviewing your cfile, before, if it does not arrive within  a year.    
    • Memorial Day Vets Freebies, discounts
      Add yours to the list if you have one: Memorial Day is May 30. It's a time set aside to honor those who lost their lives in the service of their country. It's also become a time for people to thank active duty military personnel and veterans for their service to America. Some stores, restaurants and attractions offer freebies, deals and discounts for both current and former military personnel. It's always good to check with individual merchants to ensure their participation and make sure you have military identification. Here are some of the best Memorial Day offers: Restaurants Applebee's: Up to 10 percent off with valid military ID. Cinnabon: Save 15 percent at participating locations daily with your military ID. Dunkin' Donuts: Take 10 percent off all online orders every day with your Veterans Advantage membership. Hooters: Present military ID at Hooters on Memorial Day and for a free burger, buffalo chicken salad, or 10-piece wings. Lone Star Steakhouse: 20 percent off on Mondays, and 10 percent all other days of the week with valid military ID. McCallister's Deli: Free meal to all active duty military. Includes complimentary entrée, drink and dessert on May 30. McCormick & Schmick's: Active-duty military and veterans can get a free entrée for dinner or lunch on Monday, May 30. The options include buttermilk fried shrimp, parmesan crusted chicken, beef medallions, or beer battered fish and chips. Outback Steakhouse: 10 percent off with valid military ID. Red Robin: Free appetizer with any $10 purchase all weekend. You have to be a Red Robin Royalty member to qualify and can sign up here. Shoney's: One All-American Burger with fries is available to each guest with military ID on Memorial Day. Texas Roadhouse: Receive up to 30 percent off depending on location with valid military ID. Attractions Museums: More than 2,000 museums around the country offer free admission to active-duty military and their families from Memorial Day weekend through Labor Day. You can find participating museums here. National Park Service: Current U.S. military members, dependents of deployed members of the armed forces and most Reservists and National Guard members can get a free annual pass year-round with military ID. Walt Disney World Resort: Four days military promotional tickets with park hopper option is $196 plus tax. Purchase through Dec. 16 for use now through Dec. 19. Zoos: Many zoos, including the Birmingham Zoo, offers free admission for all active duty and retired military and their dependents on May 28 from 9 a.m.-May 30 at 5 p.m. Other Lowe's  Year round 10% Discount for Active Duty, Disabled Vets, retired.     General motors: Active duty, reservists, retirees, veterans and their spouses can receive the General Motors military discount on Chevrolet, Buick, and GMC vehicles through May 31. Hyundai: Hyundai is doubling its usual $500 military discount for active, retired or veteran military members and their spouses for all eligible 2015, 2016 and 2017 model-year new Hyundai vehicles. Lowe's: A 10 percent military discount to active duty military members and retired veterans, or VA recipients. Valid military ID required. Nike: Save 10 percent at Nike.com and U.S. Nike retail stores throughout the year as an active duty, retired or reserve member of the armed forces. Under Armour: Veterans and active duty service members receive 15 percent off with valid UA Troop ID from May 24 to May 31. You can find out more here.
    • Increase Upgrade rather then DRO or Re open
      Your Award has to pass the 1 year mark, without a NOD filing, to become final. I was in the same situation back in 07/14. Secondary 04/14 FDC Awarded @ 0%. At that time, I had just been Awarded IU at a 06/28/14 DRO Hearing, from a 2010 NOD. Sure didn't want to wait another 3 to 4 yrs for a DRO Decision. Filed a New Secondary FDC 01/15, exactly the same as the 04/14 FDC. C & P took place 04/15 (real Negative VA Dr), 07/15 Decision letter, same Secondary SC @ 0%. I was getting ready to get back on the NOD Train 12/15, just hadn't mailed it in yet. Went on E-Ben 01/03/16 to get a copy of my IU Award for MI Property Tax Exemption. Low and behold, the VA Quality Control Phantom Rater, had taken me from 90% IU to 100% Scheduler with SMC S (1), in mid December. I have no idea of how long the Quality Control Rater had my 07/15 Decision. Had I jumped back on the NOD Train right away, would that have stopped his review and subsequent Award, I don't know. Semper Fi
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      The decision states: "Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015.  The examiner diagnosed major depressive disorder and other specified anxiety disorder.  The examiner indicated it is at least as likely as not the" stressor occurred. However the examiner indicated The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress." That, in my opinion ,is not a stressor. We have a topic here I did on what is and isn't a stressor available under a search.  Although combat is not the only prerequisite for a stressor, this does not come close to a non combat stressor. Others might disagree with me and chime in here.    
    • Should I file a claim now or wait?
      Sax, your NEW claim has no bearing or affect on the Issues being Appealed to the BVA. I don't recall you mentioning that you actually started a New claim on your E-Ben site. You know, right, just starting the Claim on E-Ben, establishes your Retro Date? Filing as an FDC, is the way to go. My experience has been very positive with filing FDCs, as soon as the New DX Condition is in my VMC Medical Record. Some would caution, that Filing New Claims would slow down your other older claims or appeals. I filed (2) Secondary FDCs 02 & 04/14, 4 yr old DRO Hearing request was held 06/29/14. Both FDCs (1 Denial, 1 Awarded) were done by 07/14.  Semper Fi  
    • Exams during flare up?
      Oh okay, very good info. Seems similar to the one I had as well. Crossing my fingers for an increase. 
    • DRO hearing
      Rpowell, I would hold off on this until John Dorle sees it.     I think that is the John D you mean. Maybe Dr Bash or even John Dorle could provide an Addendum solely supporting the P & T Issue. I do not see a CUE here. And I do not feel you should drop those pending issues if any of them could possibly cause or contribute to your death. P & T is a medical determination, and like all of the other disability ratings, it requires a C & P exam unless they have significant evidence already, as you said they do in the opinion from Dr. Bash. Even if this involves a new IMO ( Dr Bash might want them to do a new C & P so that his IMO can attack that word for word) it would be well worth the investment  (his fee) in my opinion because the benefits of 100% P & T to your dependents and even with impact on your property tax, depending on where you live, all of that would be worth an IMO specifically for the P & T.        

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

gloworm

Tdiu Rating -

8 posts in this topic

CURENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE

100% - 1151

SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%.

I HAVE RESENT CLAIM IN FOR MILITARY SERVICE CONNECTION FOR IU DECISION ON MILITARY SERVICE - BASED UPON 70-30-30-30-10 RATINGS. I HAVE BEEN ON SSDI FOR 5 YEARS. I HAVE INCLUDED IMO. C&P EXAMINER STATED THAT I WAS ABLE TO DO A SEDENTARY TYPE JOB???? I HAVE BEEN UNEMPLOYED FOR 9 YEARS.

NEED ADVICE ON HOW TO WIN IU BASED ON MILITARY SERVICE CONNECTION????

Share this post


Link to post
Share on other sites




You posted:

“SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%. “

Do you mean an extraschedular 100% rating?

But you also stated:

“100% - 1151”

I would agree with the first statement , that TDIU is a moot issue when 100% rating has been awarded.

However, if you have a 100% Section 1151 award, for an additional disability, that is NOT a moot issue.

I won a Section 1151 claim in Jan 2012, and the VA correctly awarded the 1151 comp separately from the SC IHD AO comp, regarding my deceased husband's issues.

Part of his past award was 100% SC P & T for PTSD.

They had to pay 100% additional for 6 months under 1151 and then residuals under SMC for a 1151 stroke he had.

Section 1151 comp cannot be offset from direct SC comp.

I can dig out the regs for that but maybe I am misunderstanding this.

Can you clarify your post?

Did you FTCA them as well? Is the 1151 100% is being recouped as a FTCA offset?

They can legally offset any FTCA settlement unless the 1151 also is (or becomes) direct SC.

Is the 1151 100% ,in fact, for the same SC 100% disability?

If so there should be no offset but you might have to fight them over that ,as I did,regarding another AO claim,

with established VA case law.

We need more clarification on these issues.

Edited by Berta

Share this post


Link to post
Share on other sites

CURENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE

100% - 1151

SENT CLAIM FOR IU FOR MILITARY SERVICE CONNECTION - THEY STATED: ENTITLEMENT TO INDIVIDUAL UNEMPLOYABILITY (IU) IS MOOT GIVEN A SCHEDULAR 100%.

I HAVE RESENT CLAIM IN FOR MILITARY SERVICE CONNECTION FOR IU DECISION ON MILITARY SERVICE - BASED UPON 70-30-30-30-10 RATINGS. I HAVE BEEN ON SSDI FOR 5 YEARS. I HAVE INCLUDED IMO. C&P EXAMINER STATED THAT I WAS ABLE TO DO A SEDENTARY TYPE JOB???? I HAVE BEEN UNEMPLOYED FOR 9 YEARS.

NEED ADVICE ON HOW TO WIN IU BASED ON MILITARY SERVICE CONNECTION????

You are already rated and compensated with an evaluation of 100

percent scheduler.

They are not going to rehash this and change your status to IU as that would be

redundant, moot, no longer an issue for discussion or debate.

Question: Why in the world do you want them to rate you as IU ?

Share this post


Link to post
Share on other sites

If he got the 70% rated TDIU then added the other %'s he could get homebound 100+60?

Share this post


Link to post
Share on other sites

Yes=that is a good point Mekon----TDIU plus 60% (not combined) for one additional separate disability-

or, as he stated, 100% under 1151 plus 60 % SC for independent disability would also warrant SMC S and vice versa-

as in the award I got in January---

Gloworm made a few posts here in the past as to FTCA/1151 issues so I hope he will clarify for us his actual rating under both SC and the 1151 claim.

Share this post


Link to post
Share on other sites

Okay I think I understand now. He wrote "CURRENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE" which is = 90.739% Or did he mean 70% overall with 30%, 30%,30%,10%?

He also has a 1151 at 100%...

So if Section 1151 claims are against any veteran hospital, physician, nurse or general health care provider who has committed medical malpractice. If the VA concludes that under Section 1151 that medical negligence occurred, the affected service member receives compensation. If the service member dies during medical treatment, the veteran’s children, spouse, other family members or estate receives the benefits.

These are two different types of claims and are not related, correct? If so then I don't see how this claim would be "moot". I understand about being 100% based on the scheduler and 100% based on IU, you can't have both. Just read that in the letter I posted...

Share this post


Link to post
Share on other sites

Yes. They r two separate claims. He was rated 100% on 1151. He has DSC ratings from Vietnam of 70%, 30%, 30%, 30%, 10%. He has Aid & Attendance and SMC award. Concerned about FTC claim and how this would affect any of this with offset.

Share this post


Link to post
Share on other sites

I will add my 2 cents.

Berta

I respect your opinion and am very pleased about your statement about the 100 plus 60, where the 60 is added not combined. There was much discussion about this a year or two ago, and I was unaware the courts had decided that the additional 60 was added not combined.

Carlie...

Why would he want to be rated IU if he was 100% scheduler? Well for the SMC, of course.

I agree with gloworm..if he was eligible for TDIU, but denied because it was moot because he was 100% schedular, the "moot" part does not take into account the potential for SMC under Bradley vs Peake. So, yes, it would appear that gloworm could appeal that TDIU was moot, because if he was rated TDIU he would then be eligible for SMC under Bradley.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now