vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,016
    • Most Online
      3,604

    Newest Member
    Thomas54
    Joined
  • Forum Statistics

    • Total Topics
      61,364
    • Total Posts
      395,798
  • Posts

    • this wasn't a cue claim right  as some say they won lately just show evidence in the decision where VA say a CUE was committed  and its in all CUE claims decisions  I'VE seen which ant many this topic was for CUE claims correct this is not one. A lot of people win cues but cant post a decision where VA say IT was a CUE in the decision and to me its either lying or you just forgot like this vet lie for a purple heart and benefits you just don't know everybody who to trust. People will lie and so can I but what can I win with a lie paper work proves everything. jmho
    • SSD will often send a person for what they call a Second Opinion exam and what we call a C&P exam.  They are just as tricky as the VA.  The key phrase in a SSD claim  is "  claimant is totally disabled from all work for at least one year".    SSD only cares that you can't do any work and that you have enough quarters paying SSA to meet the requirements.    They are not concerned with service connection vs non service connection like the VA.  It is routine to have to hire a lawyer to win your SSD claim.  Some of us get lucky and get it the first time around but are in a minority.  If you can win a SSD claim based entirely on your military service then you should be able to get at least TDIU from the VA.
    • So, I woke up to encouraging news from e-benefits. It still says gathering dust, but it's asking for  two things from me: One is to update my Finacial institution immediately. We can only pay EFT or pre-paid Credit Card. The second was to update some form that deals with my dependants.  It looks like something is happening. I will post redacted copies when I get to my desktop later today. I also owe a copy of my Dr's nexus letter. I hope some of this helps other legitimate claim veterans.
    • This letter below grew out of a CUE claim I filed in 2001-2002? and I had forgotten....the VA denied it citing Neal V Derwinski-which had nothing to do with this specific issue.I dont remember  where the NOD is ,  because I had just started AMU and also was more concerned about a AO DMII claim my daughter insisted  that I file. When the VA got the AO DMII claim in 2003, they had to request info from the Regional Counsel Buffalo regarding the TORT claim . Even though they had my settlement papers as proof of the TORT,they checked with the RC,who ordered them to pay me, due to my 2001-2002 CUE claim he found in my C file. I only posted one page of the money they owed me. Up to that money, I had never received a DIC amount.The entire amount they owed me had been withheld since 1994.. Then in 2010 the VA owed me the entire offset amount,due to the 2003 AO DMII claim I had filed. The Office of General Counsel had to order them to send me  that payment because they,my RO, refused to pay me that too.....I didnt file CUE but could have. It was easier for me to call the General Counsel in DC to get that resolved. This was an unusual situation.If one receives a TORT amount as for wrongful death, as I did, but then successfully proves the VA caused the death of a veteran with AO malpracticed conditions ( IHD,DMII, HBP) the death is then directly service connected and the VA must refund the VA offset amount of the TORT.I negotiated the offset.Their payment for pain and suffering was much higher than the offset. I have yet to find any similar case at the BVA or CAVC. This was the first CUE award I had and it came from the Regional Counsel, Jeff Whiting,Buffalo NY, due to the CUE he saw in my C file.          Oct 17 2003 BUFFALO VARO     111 WEST HURON STREET
      BUFFALO NEW YORK 14202
      BERTA M SIMMONS   (redacted) In Reply Refer To:                                                                        (redacted)                                              "Dear Mrs. Simmons: We have received instruction from the Office of the Regional Counsel concerning the amount of
      offset of V A benefits due to the tort settlement you received. What Did We Decide? The total amount of $59,700.00 paid for economic loss to you should be offset. There should be no offset for the remaining portion of the settlement in the amount of   ( redacted) '-   allocated for pain and suffering of the decedent.     What Is Your Entitlement Amount And Payment Start I   Your monthly entitlement amount is shown below:     Total Award Amount Monthly Payment Start Reason For Change Amount Withheld Entitlement Date         Amount       $969.00 $969.00 $0.00 Nov 1, 1994 DIe granted   990.00 990.00 0.00 Dec 1, 1994 legislative increase 1,015.00 1,015.00 0.00 Dec 1, 1995 legislative increase 1,044.00 1,044.00 0.00 Dec 1, 1996 legislative increase 833.00 833.00 0.00 Jun 4,1997 Frances turns 18   850.00 850.00 0.00 Dec 1, 1997 legislative increase 861.00 861.00 0.00 Dec 1, 1998 legislative increase 881.00 881.00 0.00 Dec 1, 1999 legislative increase 911.00 911.00 0.00 Dee 1,2000 legislative increase 935.00 935.00 0.00 Dec 1,2001 legislative increase 948.00 948.00 0.00 Dec 1,2002 legislative increase The above table is for reference only. You have already had more than $59,700.00 recouped
      from your V A benefits. For computation purposes, we must return to your effective date for
      benefits, recoup the $59,700.00, and then pay you the remainder of what you are due." The next page shows the audit statement.They paid me 28 thousand but that was wrong. Instead of filing CUE I wrote to their Finance department.showing them how they had completely forgotten one year of DIC and one dependent ,before my daughter joined the military .They then paid me the 11 thousand more they owed me.                  





Sign in to follow this  
Followers 0
Objee

Appeals And Rating - I'm Confused

6 posts in this topic

I submitted a NOD and 2 new claims in May '06.

My VSO says they are all at Appeals.

Claims: Sleep Apnea and TDIU

NOD: Hypothyroidism

Will my claims go from Appeals to Rating or will

Appeals handle the whole situation? (The TDIU

needs the NOD and possibly the apnea claim to

hit the 60% or 40/70% for TDIU rating at VARO.)

The only rating I have now is 10% for hypothyroidism.

Hypo symptomatology rates 100% - I expect 60%.

Use a BiPap so apnea should be 50%.

The VARO is Oakland.

Ralph

Share this post


Link to post
Share on other sites



Have the 2 new claims been denied or approved yet? If they have not been adjudicated how can they be at the appeals level yet? The claim you sent in the NOD on should trigger an SOC and you should have either gone to the BVA or the DRO route. The claim you sent in the NOD on should split off from the other two and go to some sort of appeals process. The new claims need to be denied or approve first.

Share this post


Link to post
Share on other sites

I don't understand this either. If you submitted a nod, claims and a TDIU form I was under the impression that all of the files would go together to work on the TDIU request. Then, if in the process they actually look at your evidence and see if you could be rated 100% P & T without going the TDIU route they would work the new claims then appeals in order to send you a response. Their first duty is to look at your unemployability and keep you from living in the streets, then after the TDIU is awarded you can go and fight for 100% P & T so your spouse and children can benefit and spouse also receive Dependant Indemnity Compensation if and when you pass.

Share this post


Link to post
Share on other sites

It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.) The claim opinion doc said I was 100%

permanently disabled due to thyoidectomy, due to ionizing

radiation, resultant hypothyroidism and sleep apnea

secondary to the hypo. VA granted 10% for hypo. Service

medical records aren't important since thyroid cancer shows

up years after exposure. My hypothyroid mental problems

appeared but were not diagnosed as such on active duty.

The Oakland VARO carved the apnea and TDIU out of

the NOD, saying they were new claims. This would eliminate

3 years of retro, so their motivation is clear.

OK, so the NOD goes to Appeals and the claims to Rating,

right? Not in this case and that's what has me confused.

Ralph

Share this post


Link to post
Share on other sites

Objee,

First of all, before I can even begin to speculate on what is happening, you need to get your story straight. I don't mean this in a negative way, jsut trying to sort things out, as you said in your first post;

"I submitted a NOD and 2 new claims in May '06. My VSO says they are all at Appeals. Claims: Sleep Apnea and TDIU. NOD: Hypothyroidism"

Then said in your most recent post;

"It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.)"

Apparently you were denied back in 1992 for some condition. Was it for Sleep apnea, hypothyyroidism and IU, or just one of them?? Then you submitted "new and material evidence to try and re-open those denied claims in 2003 and were subsequently denied in July, 2005. When was Hypothyroidism granted, in July, 2005?

You also stated;

"The claim opinion doc said I was 100% permanently disabled due to thyoidectomy, due to ionizing radiation, resultant hypothyroidism and sleep apnea secondary to the hypo"

If I'm not mistaken, isn't thyoidectomy the removal of the tyroid gland? Do you have your thyroid gland? Also, it doesn't matter whatthe doctor said as far as his opinion on what the rating pecentage is. that's up to the RVSR. For what it's worth, according to the VA Physician's guide to C&P exams, it specifically states that an examining doctor should not opine as to the percentage of disability he/she thinks should be awarded. Did the examining doctor make an official nexus statement for the sleep apnea? I'm not sure how a non-functioning thyroid gland can cause sleep apnea, but I'm not a doctor. Having said that, being tired is a symptom of a thyroid gland that isn't working correctly. Maybe the two got mixed up ??

"My hypothyroid mental problems appeared but were not diagnosed as such on active duty"

Are you contending that you should be awarded an earlier effective date??? When did you ETS from the service? Was it in 1992 when you filed your original claim??

"The Oakland VARO carved the apnea and TDIU out of the NOD, saying they were new claims. This would eliminate 3 years of retro, so their motivation is clear"

You need to answer all of the questions I've asked before I can even begin to sort things out and give an educated guess/answer to your questions.

Vike 17

Share this post


Link to post
Share on other sites
Objee,

First of all, before I can even begin to speculate on what is happening, you need to get your story straight. I don't mean this in a negative way, jsut trying to sort things out, as you said in your first post;

Sorry about the confused posting.

"I submitted a NOD and 2 new claims in May '06. My VSO says they are all at Appeals. Claims: Sleep Apnea and TDIU. NOD: Hypothyroidism"

Then said in your most recent post;

"It's a "VA cute" situation. I NODded my July '05 DL

for all 3 items - hypo, apnea and TDIU based on the

reopening medical opinion cited in the DL as evidence but not

addressed at all in the decision. (I reopened the claim from

'92 in 2003.)"

Apparently you were denied back in 1992 for some condition. Was it for Sleep apnea, hypothyyroidism and IU, or just one of them?? Hypothyroidism and all other diseases secondary to thyroidectomy. Then you submitted "new and material evidence to try and re-open those denied claims in 2003 and were subsequently denied granted 10% in July, 2005. When was Hypothyroidism granted, in July, 2005? Correct

You also stated;

"The claim opinion doc said I was 100% permanently disabled due to thyoidectomy, due to ionizing radiation, resultant hypothyroidism and sleep apnea secondary to the hypo"

If I'm not mistaken, isn't thyoidectomy the removal of the tyroid gland? Do you have your thyroid gland? No Also, it doesn't matter whatthe doctor said as far as his opinion on what the rating pecentage is. that's up to the RVSR. For what it's worth, according to the VA Physician's guide to C&P exams, it specifically states that an examining doctor should not opine as to the percentage of disability he/she thinks should be awarded. Did the examining doctor make an official nexus statement for the sleep apnea? Yes I'm not sure how a non-functioning thyroid gland can cause sleep apnea, but I'm not a doctor. Thyroidectomy caused hypothyroidism & obesity. Both are causative of sleep apnea. Having said that, being tired is a symptom of a thyroid gland that isn't working correctly. Maybe the two got mixed up ?? The 10% was granted in 2005 for fatigue and medication.

"My hypothyroid mental problems appeared but were not diagnosed as such on active duty"

Are you contending that you should be awarded an earlier effective date??? No When did you ETS from the service? In 1964. Thyroidectomy was in 1981. Was it in 1992 when you filed your original claim??

"The Oakland VARO carved the apnea and TDIU out of the NOD, saying they were new claims. This would eliminate 3 years of retro, so their motivation is clear"

You need to answer all of the questions I've asked before I can even begin to sort things out and give an educated guess/answer to your questions.

Vike 17

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0