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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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  2. yes you can put cadet if that was your military rank
  3. The Govt knows everything I assure you. I have not worked or driven since 2014, but my wife works a few days a week. She recently changed jobs and the VA just about knew it before me. I always tell Vets to be honest, so that the govt does not come after us. We as Vets have a hard enough life as is, dont give the VA a reason to dig deeper. If you can continue to work, good for you, just be honest. If one day you are bad enough off health wise like me and alot of Vets, then submit for an increase and apply for SSDI. Only you can decide what is best for you and your family. Good luck and hope you all have a good week.
  4. Currently waiting on my SOC to arrive regarding my nod for tbi and notice that on ebenefits it didn't update on the AB8 letter. Curious to know does this mean the va didnt grant in favor of me??? Or ebenefts just didnt update yet??? Also would i still be receiving a SOC if it was granted in my favor???
  5. I apologize if I am confusing you (may be confusing myself) The sleep study was done, they prescribed me a CPAP machine so the sleep study is complete. I have been using the machine now for @ 1 year.OSA.docx I did attach the denial above. I will attach it again now. Can you open the document attached? thanks!
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  7. A sleep study is performed while you sleep and the attendant Tech watching you like a hawk via cameras. Recording you How you breath if you stop breathing/ coughing if you stop berating and the time you start back to breath is recording this is called episodes of sleep disturbance and its all recording and then analyzed. I'm not sure what all they look for but they watch you like a hawk your every Breath/NON BREATH. & the time in between. sleep study's are done to see if you have any type of sleep disturbance and the severity of it. so a failed sleep study means you don't have a Sleep Disturbance. You should not been denied according to what you posted above. if a Dr gave his opinion that your s.c. 70%PTSD/MEDS is related to your now Diagnosed Mild/Severe Sleep disturbance known as Sleep Apnea and is prescribe a C-PAP Machine for your health/sleep and'' it is likely as not the reason you have Sleep Apnea'' the rater should have went with that for at least a 50% rating.=== or something close to this ect,,,ect,, Unless your Dr that filled out the DBQ was not qualified to render his/her opinion? post your denial from the VA.....> cover /blackout name and claim # personal information.
  8. Good answer, Hume. Knowing what your docket number is, and what docket numbers they are working on helps to know when yours will be finished. Unfortunately, even AFTER you get an award from BVA, that does not mean your money will be in your account the next day. You have to wait for your VARO to "implement" the board decision, and that can take from 2 weeks up to "NEVER", because the VARO does not always implement the Board decision promptly or properly. I dont like to be the bearer of bad news, but its unrealistic to think you will have your money in a few months while your claim is still at the Board. On average, I would guess it takes about 2 more months for VARO to implement your board decision. I got a favorable board decision in August, I did not see any money until almost November of last year.
  9. Failed the sleep study meaning they did diagnose OSA and prescribed me a CPAP machine. I guess in my mind if I passed the sleep study, I would not have OSA. Also, I was never scheduled for an appointment for a C&P or sent to see anyone after I sent this in to them. They never saw me or examined me. just made the decision. I have attached the decision. OSA.docx
  10. Thank you Gastone. Did you support your secondary claim with a nexus letter or just rely on C&P Examiner to confirm the connection, along with your private doctor DX ?
  11. Yes there have been several vets win a secondary claims to OSA /sleep Apnea Due to PTSD/MEDS if you had all the evidence Listed above and was denied ? it will help us to help you if you can put a redacted copy of reason and bases of your denial.? I'm unsure what you mean here? Do you mean you had a failed sleep study as in Non- Diagnose for Sleep APNEA? or do you mean the failed sleep study meaning to be you did not have Any sleep disturbance S.A. /OSA?
  12. Do you use e benefit's? As Gastone mention we need more information about your claim. Do you get a service connection rating on a current condition? Are you rated for any condition? can you still work? are you homeless? ect,,,ect,,,, If this is your first time claim and you was denied and Appeal in a timely manner..is your claim at the BVA? IF You if not heard anything on your appeal in 5 years maybe its time to email your congressman or even the VA Secretary..at least his office about this 5 year waiting. It is very hard worring about our claim status most of us have been there but the NEW VA is suppose to be getting better and the claims are supposed to be moving faster and the status of claims. give us some more information and we can help you better. Also broncovet suggest some good advise. Just hang in there this VA claims process will drive anyone batty.
  13. I "answer the questions" VA ASKS. I dont answer questions they DONT ASK. IF you are TDIU, then you have an OBLIGATION to VA to report monies you earn working about once per year. IF you are NOT TDIU, then you do not have an OBLIGATION to report your "earned income", but, you can be assured "big brother" knows when you are working. For example, if you check the schedular criteria for 100 percent PTSD/depression etc., you can know that it includes the phrase "Total Occupational Impairment". Therefore, if you are 100 percent for a mental health disorder, you can expect VA to reduce you if you go back to work full time while collecting 100 percent. Some Vets do that, but they are treading on thin ice if you ask me. You can probably get away with that, for example, under certain circumstances: Lets say you are 100 percent and work for the government. When you apply, you disclose your disabilities and ask for a "reasonable accomodation" that is, you need off work 3 hours per week to go to the mental health doc for counseling. And, you stay in therapy. You can "probably" keep your benefits and job under those circumstances. Lets consider another, however. You manage to get 100 percent for mental health disorders, then "drop out" of therapy, and get a job as a car salesman, and dont even tell your employer you have PTSD, and work every day, including saturdays. You are at risk of losing VA benefits or at least getting reduced, IMHO. Read the criteria for reductions. Its a lot about working, which VA refers to it as "under ordinary conditions of life". "ordinary" people have to work to earn a living, while "disabled" people can not. Your actions will determine which category you are in.
  14. If you automatically assume they can, that should keep you from stepping on your Jxxnson. Recently I read about a guy that robbed a bank and was caught almost immediately. The Cops got his Cellphone, his last Google Search that day was "How to Rob a Bank."
  15. What does your VA Psychiatrist have to say? We need more info, are you currently SC for PTSD or any other SC's? The referenced "waiting over 5 years for my Claim to be resolved," are you on Appeal? NOD Filing Date was (??/??/????)? Did your NOD specify an RO Review, DRO Review, DRO Hearing or standard BVA Review/Hearing? Calling a VSO or the 800# is generally considered a waste of time. Have you discussed your Claim Status with a local VA Lawyer, if not, it probably would serve you well to get a free consultation?
  16. I was never diagnosed in service with OSA. I weigh 220 and I am 6' tall. I am rated at 70% for PTSD and the meds I take add to the OSA. I had my personal Dr. and the Psychiatrist I see both write letters to support that the meds I take add to and cause the OSA. My Dr filled out the DBQ and sent it in as well. I had a failed sleep study results sent in with my claim. I also have documentation I sent it that back up the fact that OSA is tied to PTSD and is aggravated by PTSD. Then sleeping with the prescribed CPAP machine adds to the PTSD. Just curious if anyone has ever won this claim? I am going to appeal but wanted to get any advise here first if someone has any to share.. not sure if there is anyone who has gone this route before and won? thanks!
  17. Cant Stop Thinking About My Claim

    Yes, many of us have. I have spent "way too much time" on my claim, altho not all of it was productive. I recommend: 1. Dont check ebenefits more than about 4 times per week (not per day). 2. Dont call your VSO more than about once a month. They quickly get into "dont return xxx's calls mode". My VSO got into the "dont return my calls mode" 3 seconds after I signed a POA. 3. Get a hobby or work your old hobby. Answer other Vets questions on hadit (you will learn a lot). Go fishing, play with grandkids, start going to church, play chess, do woodworking, or improve your relationship with your wife. Focus on improving things with friends. Go to McDonalds at 8:30 in the morning and sit with the old guys and ask them to share their stories. Then share yours. At my McDonalds senior coffee is 59 cents, and I can get unlimited free refills on that day. When you are, what my church says, "building relationships that make a difference", the time goes by quickly and I feel like I am serving God. 4. When you focus on helping other's problems, yours will be helped too.
  18. Oh I agree 100% not worth getting caught up on. But wouldn’t that only matter if you are TDIU or IU? If your are Scheduler Rated it shouldn’t matter if you they know you work or not right?
  19. I was injured as a MS-3 cadet at Airborne School. I was contracted and had completed Advanced Camp. Is the rank of "Cadet" available?
  20. Yes, it will be helpful to Veterans if you disclose the name of your law firm that won your case, as Veterans on here are often looking for an attorney to represent them at the VA. I recently won my case through the help of the law firm Glover Luck. However, I was a bit disappointed that the lawyer was not prompt at returning calls or emails. After a little research, I realized this is not an uncommon problem. Its my opinion that sometimes Vets expect the lawyers to solve problems that the attorney can not solve. My attorney was paid by EAJA, and she simply could not bill EAJA for 20 Thirty minute calls each to educate me on the ins and outs of my case. That is about 10 hours attorney time. I think my attorney gets 175 per hour, so that is 1750 dollars that she did not feel she could afford to donate to me to educate me, and I get that. Noone else is donating 10 hours of their time to me either, with the exception of hadit members. A law firm is a business, and it has to make money or fail. She chose to spend her time with "billable hours" but got me a good result, regardless. She elected not to explain "every one of my Theories of how I could maybe increase my benefits." She just went with the one she felt best. The bottom line is an attorney is probably not the place to go for "hand holding". A Vet should come to hadit for that, or maybe their PTSD/depression counselor or spouse. Im okay with that. When I go to McDonald's I dont expect the clerk to be able to explain how/if McDonads treats cows humanely and if it was Mrs. Kroc who donated 40 million or so to the Salvation Army to help homeless. So, I limit the questions to things like, "Can I get that with cheese"? I also get 2 helpers with my Vets claim: An attorney and someone that I can cry on their shoulder when I need it. For example, when I get delayed 5 years. Now, I dont spend too much time with Vets questions such as "How long will it take VA to....?" because I dont know. Nobody does.
  21. Hello, I am posting this, because I am looking for support. I am a vet (TBI & PTSD). I have been waiting over five years for my claim to be resolved. I think about it constantly. I call my VSO and/or the 800 number at least once a day. Has anyone else had trouble with nearly constant rumination on their claim to where it interferes with other aspects of their life?
  22. That's great! Dr. B knows exactly what VA needs and what a CUE is....he also has more info than what we have here.... I wonder if the correct diagnosis was claimed.
  23. The DEA cut off date , as Broncovet said, is usually age 26, with very few exceptions.... the main exception is Military time served. DEA gave my daughter, a veteran , 7 years additional DEA entitlement,when she appied for DEA at age 26, due to her 7 years Military service. https://www.benefits.va.gov/gibill/dea.asp My Chap 35 benefits were due to a 100% SC P & T posthumous VA rating, of my husband, which ran out before I graduated from AMU. My initial DIC was based on Sec 1151 ( death by VA -which has no ancillary benefits)but years later I attained a direct SC death award due to AO DMII, and that re established my entitlement to retroactive tuitions I had paid, when the initial DEA ran out.It was about 6 thousand in retro and the V had paid about 7-8 thousand prior to that under the first DEA award. So nothing is impossible- did your son have military service? Was your husband's death service connected? I agree ythat your state might well have some excellent state benefits for educational needs.
  24. Received BBE

    Kev, unless something has drastically changed at the VARO's, DRO Review Decisions are still taking from 2 to 4 years. "An answer pretty quick," is overly optimistic. HG, VA SC Denials are generally the rule rather than the exception. File your NOD immediately requesting a DRO Hearing as opposed to the Standard DRO Review. You'll have a couple years to get your Medical Evidence squared away. While your waiting, if another possible Direct or Secondary SC issue is DX'd, file a New Claim immediately. As to your VSO situation, switch VSO's. You might get some push back from a new VSO if you're on Appeal but just push back yourself and demand to switch. You don't need to use a VSO to file your NOD or for that matter anything else. Why not just do it yourself, easier and less grief and aggravation than the trip to the VSO. However you decide to do it, be sure you retain copies of everything filed on your behalf. If you DIY your NOD, be sure to mail it "US Mail Certified Return Receipt".
  25. Oh my rank at discharge was PFC-3 and I was in the U S Army and not the U S Navy. My profile states this but the Forum Software thinks differently??
  26. James, It went to the VARO first and they flat rejected it in short order! So I filed an appeal to the BVA. This all started on 02/13/2011 is the earliest date of documents I have on file. I used a Law Firm that I will disclose if it is okay to do this here. Until I talked to one of the firms lawyers and he reviewed all of the documents I sent to him I had no idea that there was any chance of doing this claim for a CUE to get an EED! It took right at 7 years of waiting - I am 74 and I thought I would be dead before I got an answer let alone an award letter! It has been a L O N G 7 years. Perhaps I will get to spend a few pennies of it before I am "Pushing up Daisies" or "Sitting in an Urn on the fireplace mantle"? The only true currency we have is time! All of the Money and Power in the Universe will not buy anyone one more second of life here when it is time to go! There is a 100% chance that we will die! Also we never own anything - we just get to use it while we are here! These are facts of life that these people that are filthy rich, with, in some cases, enough assets to live like royalty for a hundred or MORE lifetimes and still want more money to HOARD do not seem to address? When you think of what all that money could do for the poor and less fortunate if they plowed it back into the society that made them rich in the first place? A few do like Bill Gates and his foundation are spending money all over the world in the most impoverished of areas and nations! John
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