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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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    Leading to:

    Post clear questions and then give background info on them.


    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

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    e-Benefits status is helpful but not definitive. Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Continue Reading

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  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 


      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.


      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
  • Common Disabilities claimed as service connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury

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  • Who's Online   3 Members, 0 Anonymous, 63 Guests (See full list)

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Showing topics posted in for the last 1 days.

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  1. Today
  2. Solo

    This could happen to you

    Victor, Did you ever applied for TDIU? That is a lot of benefit money you are losing.
  3. I tried to connect my social media accounts--Twitter, Google+, and LinkedIn--but for each of them I received an error message, like this: You need to pass the "client_id" parameter Missing required parameter: client_id Is there something I need to do on my end that I'm too dense to figure out? Thanks! P.S. Teresa - Thank you for regularly publishing your newsletter. I haven't worked the past two years while I received medical treatment, and I wasn't keeping up with veterans disability news as much as in the past. But as my recovery progressed (all better now thank goodness!), I started to get back up to date and your newsletters (which I did read regularly) reminded me to get back on the forum so that I can share info when it might help and so I can continue to learn from you all.
  4. Mark D Worthen PsyD

    PTSD Vs Complex PTSD

    The odds are exceptionally low that it would change anything. A few facts to know: * If VA used ICD-11, a vet could theoretically be diagnosed with Complex PTSD due to childhood trauma and due to combat trauma. * Complex PTSD is an ICD-11 diagnosis, but the VA uses DSM-5/ICD-10-CM, which does not have Complex PTSD as a diagnosis. * I'm neither a veterans law attorney, nor an expert on the regulations, but I think you fall under 38 C.F.R. § 3.951(b), which states in part: "A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud." See also M21-1 III.iv.8.C.1.a. Protected Evaluations for Compensation Purposes Under 38 CFR 3.951(b). And see M21-1 IV.ii.2.F.5.b. Discontinuance of Monitoring for Changes in Employability Status. Here's a quote: "Monitoring changes in employability status is not required when the Veteran ... as an IU rating that has been in effect for 20 or more continuous years ..." All the best, Mark
  5. Through the looking glass

    Rogue C&P Examiner?

    Yup, I found out a few years after a C&P that my examiner suggested 70% for PTSD and the VA did nothing. I now have a CUE in after reading that C&P exam and seeing so many errors. I also never go to VA mental health. I had one therapist that completely retraumatized me and I never went back, I pay out of pocket for someone outside the VA (I don’t think I’ll ever do mental health through the VA again).
  6. zuluvictor81

    Male Mst

    Sooooo Just to update VA granted Hearing lose at 0% and tinnitus at 10% and deferred the PTSD And Headaches and denied all other claims. No one can explain why they deferred the PTSD and headaches because the exams were fully favorable. They sent a request to VES the contractor who did the exams for further clarification and when VES asked them what exactly they wanted clarification on the VA responded that the request was sent in error and to disregard the request. Now the claim is stuck in limbo because according to the VBA rep they are waiting for VES to respond to there request for clarification and VES is under the impression they have nothing to do for them. Talking to the newest VSO in the office but a guy that's been around the block a few hundred times over the years with the VA bluntly said what's going on with my claim doesn't surprise him because no one wants to write that size of a check on there punch card. 39 months of retro with a wife and 4 dependents from what he can see combined 90% with inferred IU for a total of 100% retro. don't know if that's the case but it wouldn't surprise me anymore with all the BS ive had to deal with them anymore.
  7. I guess if things get bad enough to contact your congressman and you ask for his help remember to say Hey Man I voted for you So help me like I helped you
  8. yeah my choice is right ..but I am finished fighting with them the stress is not worth it and besides there's no more $$ in it for me I am 190%with 2 SMC's My point was for veterans that are having a hard time getting OSA Approved and S.C. There is a secondary claim for OSA Mine would be secondary to PTSD From the meds I take prescribe by the VA MH. They do have secondary claims to OSA if the disability warrants it and by the meds you take ect,,,ect,,, btw, doc25 Your Post is fine.
  9. Let me check my crystal ball, and I will predict what VA will do: Errriie music...........whewwwwewer..... Ok, I predict VA will deny 85 percent of first time claimants, usually for bogus reasons, just like they have done in the past. Then you will wait years for appeals. Finally, they lowball you, which also has to be appealed. Then, they hornswaggle you on the effective date, and, after you die they try to con your spouse out of DIC. This is what VA calls a "pro claimant, Veteran friendly, claims system". For me, its taken 16 years and I probably have at least 2 more years to go, that is, if everything goes like clockwork from here on. (unlikely). Once you have a condition service connected, its always service connected. This said, if you injured your back in a car accident while you are not in service, dont expect VA to compensate you for injuries sustained in this accident. Further, I will predict VA will fight you at every turn for every dime, delaying and denying every chance they can. Or, worse, loose all your paperwork. Your best bet is to keep a copy of everything you send VA (better is to send them the copy and you keep the original. Persistence will win out, as long as you have a legitimately winnable claim. (one that has all three caluza elements.)
  10. Angie35 Please ask your question in a new post, not in someone elses as it is confusing. Since you are new, I will permit it this one time only. No, its not normal to get a c and p exam in HLR, this normally means you have all your evidence submitted, thus you would not need a c an p exam. I dont recommend you worry yourself if its secondary, primary, presumptive, etc. SC is SC and there is no need to change from one (primary to secondary, for example) to another. Simply apply for the "new diagnosis". However, remember pyramiding prevents you from being compensated twice for the same symptoms, so you would need additonal symptoms to get any increased compensation.
  11. Yesterday
  12. u7s7m5c

    Hypertension C&P

    It isn't enough to just argue with the VA, what a lot of guys don't understand is going in there with evidence. Such as you have laid out in a quick chart. But this evidence can't come from a lay person. The evidence needs to come from your doctor. Anyone can say I have high readings when I'm off my meds, but a letter from a doctor can come and make a much bigger difference. Basiclly, we have to prove our disability to the VA in order to make the connection. An 85 reading at the C&P is pretty low (for VA standards) when taking meds. At minimum, I would hound your doctor to get you a letter of what happens when you are off your meds (readings) and at max, request another C&P exam when off your meds. That may be dangerous for you so, that is your call. Good luck.
  13. The ratio of days going to school, is equal to the days used from Chapter 35. In other words, if they go to school for 2 days out of a week or month, they are "charged" two days from Ch. 35. I would also suggest looking into any state benefits for school for dependents. I know California has the California Fee Wavier. Good luck.
  14. More importantly, if the cause of the Veteran's being in a coma is service connected, he would be entitled to R1 or R2 (if at home) or SMC O if an inpatient in a nursing home (or hospital) at government expense. He does need a fiduciary established pronto with a new 21-22 showing the fiduciary as his (one time) representative as well. Even though you do not need to file a true 'claim' for SMC (Bradley v. Peake 2009), we all know how that works so send them a love letter. Go online and print a VAF 21-2680. Get your doctor(s) to fill out and sign it. Submit it with a 526EZ asking for A&A/Loss of use of the upper/lower extremities/blind etc. The kicker that always gets my clients over the line into SMC L (for A&A) is getting the doctor to write "But for his ___________ (spouse/daughter/son etc.), he'd have to be institutionalized in a nursing home as he is a danger to himself". Trust me. Just have the dr. jam that phrase in there in one of the answers and you have a chicken dinner winner. Remember, this is just like baking cookies. Follow the recipe and you get excellent results. Call up the VA at the 800 dial-a-prayer and tell them his medical state and zip code. If he's hospitalized over 21 days (and nights) for any SC injury, he's entitled to a 100% temp. rating for that entire month, too. There a lot of entitlements available when you become this disabled. Unfortunately, the VA isn't going to be forthcoming and "infer" your entitlement so you have to give them a nudge. Make sure the dr. who does the 2680 lists the actual date the Vet became comatose or bedridden in order to receive proper retroactive benefits. Otherwise they grant from the date of the 2680 timestamp.
  15. Berta remarked: “But Broncovet is right-we have no idea of what your petition is for and why it was denied- “Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.)” (No offense to anyone else intended): Is there a way to transmit them to you (Berta), alone? Thank you.
  16. https://veteransdiscountsclub.com/discounts-members-of-the-military/?camp=fb4-22.2&ad=ad44&site=facebook.com&ts=vdc-fb&fbclid=IwAR3zXX74fEnDRUhSMLWp28
  17. TDIU’s regulation: , Ch 38 Chapter 1 part 3 ,§3.340 Total and permanent total ratings and unemployability: (a) Total disability ratings—(1) General.Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent 36 CFR 4.16: It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. § 4.19 Age in service-connected claims: Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension. Lastly 38 CFR 21.53 (d)Vocational goal is reasonably feasible. Achievement of a vocational goal is reasonably feasible for a veteran with either an employment or serious employment handicap when the following conditions are met: (1) Vocational goal(s) has (have) been identified; (2) The veteran's physical and mental conditions permit training for the goal(s) to begin within a reasonable period; and (3) The veteran: (i) Possesses the necessary educational skills and background to pursue the vocational goal; or (ii) Will be provided services by the Department of Veterans Affairs to develop such necessary educational skills as part of the program. (Authority: 38 U.S.C. 3104(a)(1), 3106(a)) M21-1MR, Part IV, Subpart ii, Chapter 2, Section F, states “ When a Veteran's claims folder indicates that he/she was seen by the Vocational Rehabilitation and Employment Service (VR&E), obtain and evaluate any records related to this contact." The VR&E records may document the Veteran's participation in a training program, or show that training was not feasible or was unsuccessful Read this Vet App. Case Leicher v. Derwinski, 2 Vet. App. 26 (1992) . In denying the appellant a total rating based upon unemployability, the BVA did little more than point to appellant’s relatively advanced education and occupational experience and opine that his disabilities did not “preclude all forms of substantially gainful employment.” This clearly is insufficient in providing “reasons and bases” for the decision. Hatlestad v. Derwinski, U.S. Vet. App. No. 90-103, slip op. at 10 (Mar. 6, 1991) (BVA decision failed to explain the conclusion of the BVA that appellant was not unemployable); 10/19/2018 Page 7 of 7  ....Moreover, in its evaluation, the BVA failed to consider the 1988 VA psychiatric examination report and the 1988 VA social and industrial survey, both of which concluded that the appellant was incapable of securing or maintaining employment. There is no evidence of record to the contrary. We have previously held that the conclusion of an examining psychiatrist is a medical conclusion which the BVA is not free to ignore. Willis v. Derwinski, U.S. Vet. App. No. 90-27, slip op. at 7 (Aug. 21, 1991). Beaty v. Brown, 6 Vet.App. 532, 537 (1994): (“Where the veteran submits a . . . claim for a TDIU rating . . . the [Board] may not reject that claim without producing evidence, as distinguished from mere conjecture, that the veteran can perform work that would produce sufficient income to be other than marginal.”). @Jerribly!!! Conclusion: Every Individual is Unique! A broad/bold statement that just because you are in school means you can't work is highly contradicting; that is the very reason why the VA pays for school within the Chapter 31 program-to eliminate the veteran's serious or non serious employment handicap. Courts will not allow the VA to deny Chapter 31 or TDIU based off of a Veteran's aspirations to find employment even if 4,6,8 years of school/training are needed, the VA will pay if feasible with your injuries! A lawyer can be paraplegic, blind, deaf, suffering from PTSD, etc. the employment is feasible, but only if they receive the proper education and certifications. I hope this helps you- I currently am 4 years into my Chapter 31 program myself, I've earned an AA, Master of Legal Studies, and now am in my last year of Law School. The VA has paid for it all. And still, if I please, I can apply for TDIU until I become a Lawyer as stated in my rehabilitation goal. @Jerribly, your terribly wrong. In fact, if a veteran is found to be TDIU, they are AUTOMATICALLY referred to Chapter 31 to analyze whether or not it is permanent. i.e. Chapter 31 enhances a disabled veteran's chances of being employable at a future date. This helps not only the veteran, but also the VA by ceasing payments once the veteran has established income above the federal poverty line.
  18. broncovet

    Cutting the Red Tape

    It sounds great. Very great. I would love to see this implemented at VA. Im skeptical tho. Someone would have to rewrite the CFR's, which are complex. Example: Just look at what we used to call the "GI bill". I went to school under that. I enrolled in the college, and got 700 per month while enrolled in college. I wish it were that simple now. Its ten times more complex. There are multiple "GI bills" for different periods of time, some of which the troop himself contributed to, others he did not.
  19. I agree with Berta..dont put in the codes. ONE reason. Even tho doctor "A" says you have a c4 -c7 issue, doc B may say its C3 to c8. You are probably not a spine expert, tell the VA you want benefits for your "spine and related issues", dont try to diagnose your own back issues. Diagnosis can change.
  20. broncovet

    Tdiu awarded question

    I agree with Berta and Buck. Relax and go fishing, play chess, deepen your relationship with your wife. Go see your grandkids.
  21. We cant really speculate if its "true" or not, we can really only guess until you get the envelope. What did your attorney say? If he has given you the green light, he obviously knows much more about your case than we do. You should find out soon. In the interim, I suggest you find/work on a hobby. Visit your grandkids. Figure out what you are going to do with the retro. Play chess. Carve wood. Exercise. Deepen your relationship with your wife. Go to church. Go fishing. Your choice. You get the idea. "A watched pot never boils".
  22. I agree with seminoles I was 90% combined rating and was awarded the TDIU P&T This rating makes it hard for a Veteran to reach the 100% and they are not suppose to work if they could. VA Don't want us working if they give us the IU...But yet the pay is the same the benefits are the same as a 100% schedule Veteran who can work if he is able. (this is not fair) jmo because being 100%disabled means you can't work or do physical labor. Looks like they got this backass backwards 70%80% even 90% disabled means your not 100%totally disabled vs the 100% that should be totally disabled....eh! I got another 70%rating with a totally different disability and that made me 100%scheduler although in part of my combined rating was from IU but they have a Special Ratings table they use and its the SMC Table. so I was considered 100% with the IU but this other disability raised my combination ratings high enough to be 100%scheduler with SMC S H.B.& K .....anytime you check e-benefits EOB and it says you have a final 100%degree in rating in the circle on e-benefit's then you are actually 100% scheduler. And any extra benefits like SMC. This is in Addition to your final degree 100% rating
  23. treysnonna


    Talked to Vso in Washington and he said completely disappeared. He showed it went to Phoenix. Got the name that sent it to Phoenix.. she was from stat Pete. He said if we did not here something by mid week to call our congressman. Lol
  24. I need a little feedback. I just had a C&P exam for back strain and the doctor that was performing said he saw where there were two incidents with my back. One in 1994 while in the military and one auto accident in 2011. They did x-rays in 2011 and saw the I had degenerative joint disease in my lower back. I am already rated 20% for both shoulders with degenerative joint disease and right ankle and left ankle 10% each. I was in Desert Storm Desert Shield. Will they at least rate the degenerative joint disease in my back or try to tie it to the accident in 2011 since it was the most recent? Event thought it did not cause the disease. My range of motion sucks. I am currently at 60% total. Thanks, Garrett USN
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