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VA Disability Claims Research
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29,398 questions in this forum
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How do you know if you are a schedular 100% Am I?
What is the big difference between schedular 100% and 100% via TDIU. I am attaching my 3 relevant rating decisions. In January 2022 they conceded I was 40% for my legs. Last July they rated me at 100%. I had assumed because of everything I have heard about being schedular 100% and getting to 100% via TDIU, that they would say I was a schedular 100%, if indeed I was. It seems to me I am. On the VA disability calculator (and others) my different disabilites when combined equal 100% (95). I filed a request for higher-level review primarily because the dimwit issuing the decision chose to ignore the correct effective date of claim that was determined in January 2022…
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VA Medical Record(s) Sharing
I’ve got questions about the 5-10-15-20 Rule. I am going on 8 years (so far) since my 100% Total & Permanent disability findings and rulings in 2016. I am worse now. However, recently, the VA has gotten VERY aggressive and are trying to get ahold of my medical records (from Medicare) from my non-VA private doctors--after 8 years. I don’t go to the VA for healthcare. They are trying to find away how to access my private doctors’ records since I disabled record(s) sharing. I went into my online VA portal about 9 months ago, and I noticed in the medical records section, they had “sharing” with non-VA providers enabled. However, I changed it to “opt out of shar…
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Prostate Cancer
My name is Andy Clark. My question is the BOA Approved my claim for service-connected Prostate Cancer that I filed in 2015. There was no rating. Will I get a rating?
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Buddy Finder
Veterans have asked about "buddy letters" sometimes to document an in service event which may have happened to them in miiltary service. This could be very useful to locate someone you served with, but are unable to locate. Your military friend could well have been a witness, for example to exposure to burn pitts, toxic substances, sexual assault, or many other things, that, if documented, could result in VA benefits. Your buddy COULD testify as an eye witness of an event (in sevice) he or she observed. (in a buddy letter). Remember the Caluza elements? Diagnosis, IN service event, and nexus. There cant be a nexus linking an in service event to your cur…
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SMC-S What does Separate and Distinct mean?
When I first posted a question about SMC S it was very similar to this. However, in the examples I find in the code they're indicating that if one has lost a leg, they cannot also be compensated for losing the foot. My case is not like that. I have 6 distinct disabilities that are separately rated and affect different parts of my body. 1. brain damage with acquired psych disability 70% plus TDIU; 2. OSA and insomnia 50%; 3. intestinal conditions 30% 4. left leg neuropathy 20%; 5. right leg neuropathy 20%; 6. anal leakage 10%. Due in part to my lack of knowledge and understanding when I drafted the claim without help in 2014, and complete ignorance of SMC the…
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RATED 100% P&T IS THERE ANYTHING TO GAIN BY INCREASING RATINGS
I am rated 100% P&T. I need to appeal because without medical evidence they claimed all my disabilities entitle me to TDIU. It can not be legitimately disputed that I am entitled to TDIU based on only the brain injury and its effects. No Doc addressing the TDIU mentioned anything but the brain injury. The raters through in everything else on their own. The medical evidence clearly entitles me to an increase in the Sleep disorders rating and/or a separate rating for chronic fatigue syndrome. But would that be off any tangible benefit to me? I believe if I make it a one issue appeal - entitlement to SMC S, I stand a better chance of both a quicker result and p…
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REGULATIONS PROHIBITING REFERENCE TO UNNECESSARY DISABILITIES WHEN GRANTING TDIU????
Only two VA Neurologists authored C&P reports denying my CNS issues. Before the the last BVA decision one VA Neuro reversed her opinion and said my CNS issues were service connected (she never disputed unemployability for CNS reasons). The 2nd VA Neuro scumbag (LHI) issued a blanket retraction and admitted service connection (to protect his license). 4-5 others issued reports and med opinions saying I am unemployable strictly for CNS reasons (and resulting psych issues). Are there any VA regulations that prohibit a rater from making unnecessary reference to different disabilities, when they award TDIU? THE POINT IS I'M ENTITLED TO A FINDING OF TDIU BASED SOLEY O…
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2018 Farm Bill, CBD, CBG
According to this site, the 2018 Farm Bill "removed hemp" from the legal defination of "cannibis" if it contains less than .3 percent THC. https://www.medicalnewstoday.com/articles/cgb-vs-cbd#psychoactive Further, both CBD and CBG can have health benefits, for Veterans and others. Neither CBD nor CBG "get you high". CBG, on the other hand, can help with nuero disorders: According to my research, unfortunately, there are unscrupulous companies with "watered down" or even "fake" cbd oil, and you would not get their health benefits. As far as Marijuana, even tho many states have declared it "legal", at the VA its still classed as an ille…
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TDIU Vs Combined Ratings
I was awarded 80% combined rating in Oct 2018. I was awarded TDIU P&T on Nov 17, 2021 granted by the Veterans Board of Appeals. The San Diego Regional Office said nI am not 100% but 80% but the VA is paying me at the 100% ratings. They keep my ratings listed at 80% when I log on and on E-Benefits there is no mentioning of the TDIU ratings. They keep showing my 80% combined ratings that is hurting me from getting what a 100% veteran is entitled to get like free vehicle registration and property tax exemption for totally disabled veterans. I wrote the IG on two occasions and he told me to take it to the regional office and let them correct it, and the second t…
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VARO Processed An Incomplete Application
Back in May of 2020 I logged in to VA.gov and initiated a claim for disability compensation and medical benefits for multiple conditions. However, i never completed the application and had never provided any kind of signature. I saved the incomplete application establishing an intent to file a claim under 38 CFR 3.155(1)(b)(i). I also submitted multiple FOIA’s requesting access to my C-file and have had no success in obtaining that. In August 2023, i received a correspondence letter from the VARO stating that a defect on the VA.gov platform had affected my previous application submission(which is a lie because I never signed or attempted to submit it). They also stated th…
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ANYONE GOT CITATIONS THAT SAY FAILURE TO MAXIMIZE IS CUE
Thanks to an anwer to my latest questions I just woke up to how the RO screwed me out of SMC-S. Due to my CNS issues (and all the boiler plate bullshit they fill decisions with), I never realized until tonight that they granted my claim for TDIU based in part on their verbal garbage saying that TDIU is based on my 70% CNS and all my other disabilities. The only problem with this is I have 4 or 5 separate legitimate medical opinions saying the CNS disability renders me unemployable. It is true the other disabilites render me further unemployable, But none of those are rated above 50%. One or two medical opinions medical say that my sleep disorders with or without chronic …
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11 exams in 45 minutes
Optum Serve performed 11 exams in 45 minutes. I am going to attach them here. I am using a lawyer to help with this, but they told me that the only positive exam was for my knees....After reading through it, there are several questions I don't even recall being asked, yet they clicked no on the answer, for example, see attached. how can I have no flare-ups, but report functional loss or impairment for repeated use? She never asked that question. Of course I have flare-ups. If anybody is bored tonight, read through these pages and give me a your thoughts. If I need to rebut these exams, I need to do it before they make a decision. By the way, while it's a sm…
0 votes23 answers