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  1. Yesterday
  2. I agree with asdf. Read the decision letter carefully, especially the reasons for the decision. When you appeal, try to refute the reasons for denial. For example, if the VARO decision states your claim was denied because there was no evidence you had claimed condition. Then, cite Dr. X's exam dated mm-dd-yy, where Dr. Z stated your diagnosis. Evidence wins claims
  3. Decision letter will state why your claim was denied, you can then work to overcome that. Many decision letters now note favorable findings which can work in your favor. Don't just blindly keep filing like many will say on here. Fill in the gaps that the VA noted to make your claim complete.
  4. I did and here's the funny part. They said the VA Pharmacy here in Manchester NH hasn't heard of any recalls so to continue until they do.
  5. The quotes by GB and Broken sound right. I really don't know anything about them. All my VA said was to try and sleep on my side for now and they gave me a wedge pillow. Guess thats all I can do at this point. Good luck Lavish
  6. OK, so I have my VA appt with my PCP to do my 21-2680 tomorrow. (Note: I still have not filed for aid/attendance, was hoping to see what she put on the form first) The VA just called and said it would be a PHONE appointment. How in the world can a doctor assess my need for aid and attendance or my ADL abilities over the phone? There reasoning is due to Covid, I guess, but still doesn't make any sense. I was hoping to use her form to speed up the process so I wouldn't have to go through another exam after I file. Gotta laugh at the system in these times, I guess.
  7. https://www.benefits.va.gov/compensation/docs/shiplist.docx Last 2019 VA Agent Orange Ship list.
  8. Before you begin to try to calculate/figure out any retro payment, you might as well wait for a rating decision. Reason being is that if you filed a claim in 2014 and it was denied then you filed a supplemental claim in 2019, the VA may only consider the evidence that you submitted in 2019 and not any further. To get an effective date back to 2014 you will need evidence that proved that you met the rating criteria in 2014.
  9. I have been following along and am now in the same(ish) boat. I applied for and was accepted for SDVI ($10K) through their online system (mistake). I just applied now that I am working again (mistake). I can apply for the waiver through the 29-357 but it doesn't look like it allows for 100%P&T before the application for insurance was filed; this is for becoming totally disabled after having the life insurance already. Solution: apply via snail mail and in premiums annotate 100% P%T waiver, and apply right after you retire (and have your 100% P&T letter) where you don't have a job yet Standing by for any thoughts/updates. Thanks in advance.
  10. Here is the way your retro is calcualted: Figure your new comp rate EACH MONTH. This varies with the year, your dependents, and your percentage rate EACH MONTH. EACH MONTH subtract what you already received in the past for that month. As much as we would like to, you cant multiply the number of months times your new pay. (But you can get an estimate, but it will be off because compensation goes up each year (except for 3 years when cola was zero). YOU GET THE OLD RATE, each year, which changes, not the new 2021 rate. Its rather tedious to calculate your retro, frankly. I used a spreadsheet to figure mine. (Microsoft Excel), which made it much faster. Or, use the retro calculator (best): There are several retro calculators, online, here is one: https://cck-law.com/va-disability-retro-calculator/ The calculators "build in" the old rates and stuff. But I figure mine anyway.
  11. @pacmanx1, sorry if I sound redundant, but after finally finding all my claims over the years, I see I was denied OAB back in January 2014, and not 2019 as I originally posted. So, was denied SC OAB in 2014, awarded TDIU in 2017, filed for secondary for OAB(C&P exam) in October, 2021, was approved-Dr. concurred it was related to my SC spinal conditions. Now as a footnote, I have numerous SC spinal conditions dating back to 1990, and they are included in TDIU. Allan 2-2-0 HOOAH!
  12. If this date is prior to your TDIU effective date, then it is possible, but it would only be retro for the date that you originally filed a claim for OAB to the date that VA granted you TDIU February 2017. It really depend on what was in your records.
  13. The date you filed your claim for OAB was 2019 and you have/had been getting TDIU since 2017 so no likely retro possible. Say you filed your claim for OAB in 2015 and the VA granted you TDIU in 2017 and then the VA granted you service connected OAB in 2021, the VA would owe you retro form 2015 to 2017 and no more but since you were already getting TDIU for 2 (TWO) years prior to filing a claim for OAB it is no way the VA would owe you any retro. Sorry for being blunt but wanted you to know without wondering/worrying.
  14. Since migraine headaches can be secondary to either your service-connected PTSD or your Tinnitus it would be better to ask your treating doctor. He/she will be the one giving the medical opinion and rationale.
  15. Duster4-60 The one that has the best chance at getting approved is the one that has the best evidence to support. Get it for both disabilities and submit . Not sure if you are saying you currently have a 50% rating for MH (PTSD) and so you are going for an increase in your rating. Look up the requirements for a 70% rating, and do the same for migraines. If you have the symptoms then get a diagnosis and a nexus letter from the doc as to why migraines are s-c. Need statements in support of the claim for the increase and for the new one. Migraine buddy or a simple log of your headaches is required; need duration of the headaches, how frequency whether you take meds and what and if you have to lay down in a dark room and for how long.
  16. (I was unable to post this in the Agent Orange foruym- possibly due to heavy fog here??? I have had a a google alert for Blue Water AO vets for a long time and still get articles from news outlets in many different parts of the US. I think the Herald Times is based in Indiana: "For veterans: VA prepares to tackle backlogged disability claims Steven MillerGuest columnist The Department of Veterans Affairs announced Oct. 13 that it is preparing to hire more than 2,000 new employees to assist in disability claims processing. According to the VA, more than 204,000 backlogged disability claims are in the Veterans Benefits Administrations' disability claims queue. Many of the claims result from the VA adding three new diseases to the Agent Orange presumptive list. The presumptive list contains the diseases that the VA will presume to have been caused by exposure to Agent Orange. The three new conditions are hypothyroidism, bladder cancer, and Parkinsonism. With the three new conditions, the VA now recognizes 17 diseases caused by Agent Orange exposure. The other diseases are AL amyloidosis, chronic B-Cell leukemias, chloracne, diabetes mellitus type 2, Hodgkins disease, ischemic heart disease, multiple myeloma, non-Hodgkins lymphoma, Parkinson's disease, peripheral neuropathy (either secondary to diabetes or having occurred within one year of leaving Vietnam), porphyria cutanea tarda, prostate cancer, respiratory cancers and soft tissue sarcomas." https://www.heraldtimesonline.com/story/news/local/2021/10/25/veterans-va-prepares-tackle-backlogged-disability-claims/612605000 The article does not mention Bkue Water Navy but still I bet many veterans, to include Blue Water Navy veterans do not know of the newer presumptives, highlighted in this article. While I believe it is true that VA will hire "More than 2,000 new employees to assist in disability claims processing. " the fact remains that the training they need will be extensive, time consuming, and probably cause more errors in initial denials than we can foresee. I have no idea how many of these past BWN AO denials have been reviewed so far: The article adds: "Since Blue Water Navy veterans became eligible for VA benefits in 2019, the department has processed more than 45,000 claims and paid nearly $900 million in retroactive benefits. " https://www.legion.org/veteransbenefits/252567/va-automatically-review-thousands-blue-water-navy-claims I did a search at the BVA under Blue Water Navy Agent Orange and 785 decisions from 2019 to 2021 popped up- I need to take the time to assess those decisions because if a Blue Water Veteran had the proper time frame and coordinates on their ship's logs and/or their ship had already been classified as exposed to AO ( I have out the most recent AO ship's lists here) and they have a documented AO presumptive, they should not be at the BVA if someone at a RO could actually have read their evidence. VA did a review over denied AO IHD claims when IHD became presumptive. They missed a few of us in that regard. Only because I as a widow knew of the new IHD regs, did I succeed in my claim for AO IHD....... But that was after I cued a denial the next day.The denial was absurd yet I wonder how many widows got that type of denial and never appealed it.Maybe I should assess some AO BWN widow's claims at the BVA. The denial was written by someone who obviously did not have a single clue on what the Vietnam incountry IHD claims were about. They awarded in mere weeks after getting my scathing CUE -but that is only because I knew the AO IHD regulations and fortunately did not have some vet rep who also might not have had a clue on it all. If you see at VAMCs etc a Navy vet who also has evidence of Vietnam service ( lots of vets around here wear caps and badges and medals at the local VAMC) ask them if they are aware of the Blue Water Navy AO regulations and the many AO presumptives, and ask them to come here for more info.
  17. I have a 50% rating for PTSD and 10% for Tinnitus. I would like to file for a secondary condition for Migraines. I plan on having my doctor do a nexus letter for migraines. Just wondering which condition would have a better chance for approval, PTSD or Tinnitus. Any help would be greatly appreciated
  18. Bronco, I'm not really worried about a retro date as I already have TDIU, my theme here is after TDIU and retro. Can you receive retro on a secondary SC disability won AFTER TDIU? Allan 2-2-0 HOOAH!
  19. I be point this stuff out for other veterans to understand We are talking about a set a side order from the us court of veterans appeal.
  20. Here is my point again The court set a side the effective dates granted by the bva. Which means address a different time period. Not the same period The board remand it to the ro to granted the same effective dates which the court set a side. Which means the board volate the court order. By granting the same effective dates I appeal to the court. If the court set something a side. It means not to address that period on remand get it
  21. You posted: ...... Then you seem suprised that I spoke of the CAVC remand. You also posted: It sounds like you are interpreting "set aside" to mean "granted". No. The judge would use the term "granted" if granted. But they used "set aside and remanded" instead. "Set aside and remanded" means, well, what it says it means. It does not mean effective dates are granted. It means, instead, that your (applicable) claims are remanded. The "set aside" portion has to do with finality. A claim becomes "final" if the Veteran does not appeal within the applicable time period, and the "set aside" means that the claim continues (set aside) and does NOT become final UNTIL the Board re adjuticates the claim per the remand order.
  22. I was not talking about the remand. I am talking about the set a side order on the effective dates. the portions of the January 30, 2020, Board decision denying an effective date before May 9, 2018, for the grant of SMC and entitlement to SMC in excess of the housebound rate, from May 9 to July 17, 2018, and at the aid-and- attendance rate from that point are SET ASIDE and the matters are REMANDED. I stated the board remand it to be granted in the first instance. The same effective dates the court set a side. This is volating a court order.
  23. You posted: No. A remand can result in at least 2 different results: 1. Additional benefits CAN (but not must) be granted. OR 2. No additional benefits are granted as a result of the remand. This includes effective dates. A remand to the Board, from the CAVC, even involving effective dates, does not mean more retro. It means it goes back to the board "to determine if" an earlier effective date is warranted. The board is required to grant an earlier effective date, OR deny same AND give a reasons and bases for their determination. A remand is not the same as an award or grant. A remand gives the board discretion on what to do. The board must "address" the remand, but that does not mean grant an eed. The board decides, and is given that authority by the court. If you dispute the board's remand implementation, you can appeal it to the CAVC if desired. Lawyers often appeal to the CAVC if the board did not give an adequate "reasons and bases" for decision. Its pretty much automatic remand from cavc if the board does NOT give a reasons and bases for what they decided. Welcome to the hamster wheel of remands, I finally got off the hamster wheel about 2 years ago. How did I get off the hamster wheel? Simple. I got a Voc rehab assessment (IMO) that was favorable. My attorney advised same, I complied and won. You see, while this wont likely be mentioned, the courts are bound to res judicata: Generally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court renders a final judgment on the merits. Res judicata is also frequently referred to as "claim preclusion," and the two are used interchangeably throughout this article. Breaking Down the Concept Claim preclusion can be best understood by breaking it down into two sub-categories: Bar - a losing plaintiff cannot re-sue a winning defendant on the same cause of action example: Plaintiff P sues Defendant D on Cause of Action C, but P loses. P may not try for better luck by initiating a new lawsuit against D on C. Merger - a winning plaintiff cannot re-sue a losing defendant on the same cause of action example: Plaintiff P successfully sues Defendant D on Cause of Action C. P may not again sue D on C to try to recover more damages. What "res judicata means" to you, is that you can essentially tell the judge "they did not know about THIS evidence when they judged it the last time". Then submit a favorable IMO. Otherwise, a claimant could simply keep applying until finally a very Veteran friendly judge got it and awarded. This clogs up the courts. Thus, the reason for res judicata.
  24. Your retro is based on the VA's determination of the effective date. Your effective date is the later of the facts found (date the doc said you were tdiu) and the date you first applied. There are, however, multiple exceptions to the general effective date rule. Some examples of exceptions to general effective date rules (not a complete list): 1. If you got out of the military and applied within a year. 2. If this is a claim for increase (CAVC ruled that a claim for tdiu is a claim for increase), you can get it backdated up to a year. 3. Informal claims. Prior to about 2017, you need not use the applicable form. Indeed, if you told your doctor you were unemployed and were seeking benefits, this could qualify as an "informal claim for increase", based on the older rules. Your doc would have had to written this down, an oral claim wont qualify. 4. If you qualify as a Nehmer Vet, there are special rules. These are not all the exceptions. To really determine your effective date (and thus retro) would involve reviewing your file, finding the date you first applied for tdiu. (To include informal claims for tdiu). It would also require review of your medical records to see the effective date your doc said you were disabled. Since we have not reviewed your file, we cant tell you the effective date. A lawyer can do this, once you get your decision, if you dispute the effective date.
  25. Last week
  26. I agree all this new stuff was put in place to hold or prolong a claim. The new comp system. My case is also been shop around for a unfavorable medical opinion. It been to qtc lhi the va hospital all in the last 5 months. The no phone number to the bva only the va 1800 which has to do iris if you have a problem with the board smh I even got a cavc remand in the new appeal system when I did even check the opt in box. And no one will address it. It's been sitting in the new appeal lane for 5 months. Smh So you are not alone I tell you one thing after this fight for my smc benfits. They can have all this VA stuff because it's not going to get any better only worse.
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