Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Ad

  • What is HadIt.com Veteran to Veteran ?

    The how and why for in the VA process for filing a claim for service connected disability compensation. We combine the Knowledge, Skills, and abilities of Veterans to provide other Veterans the information and support they need dealing with the Veterans Affairs system.

     

    What can I do here ?

    Utilize our site and forum to research Veterans Affairs Disability Claims procedures benefits. Search for topics of interest. Join our active discussion forum and post questions to other veterans. All VA Claims questions should be posted on our forums. Register for a free account.

    How to get your questions answered.

    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.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

SMC K

Sign in to follow this  

Explore Questions

There are no popular questions to show right now

There are no new questions to show right now

22 questions in this forum

  1. C&P Exam for E.D.?

    0 votes
    1 answer
  2. SMC K

    0 votes
    9 answers
  3. What Form do I submit???

    0 votes
    2 answers
  4. 0 votes
    11 answers
  5. SMK Retro

    0 votes
    1 answer
  6. SMC-K?

    0 votes
    1 answer
  7. Smc K for ptsd house bound

    0 votes
    4 answers
  8. Pendint MST-MST ? SMC-K ?

    0 votes
    1 answer
  9. 0 votes
    8 answers
  10. C&P

    0 votes
    1 answer
  11. Question about lower leg SMC K

    0 votes
    8 answers
  12. Award

    0 votes
    8 answers
  13. SMC (k)

    0 votes
    4 answers
  14. 0 votes
    4 answers
  15. SMC K or SMC K1

    0 votes
    8 answers
  16. TDIU SMC-S eligible?

    0 votes
    7 answers
  17. Loss of organ?SMC K

    0 votes
    1 answer
  18. Theplasmaguy

    0 votes
    4 answers
  19. 0 votes
    4 answers
  20. SMC K

    0 votes
    2 answers
Sign in to follow this  
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
  • Member Statistics

    21,690
    Total Members
    3,604
    Most Online
    Romulus
    Newest Member
    Romulus
    Joined
  • Popular Contributors

  • Ads

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines