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  • 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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  1. Today
  2. Hey guys. So, Im 100% P&T, combat vet. PTSD, TBI plus other various issues. 36 years old going on 106. Major memory, anger, anxiety and concentration issues, ect ect. Most of you guys know the rest.Anyway, Denied once, appealed, denied twice then waited months for my hearing. A year long pile of crap, and just saw on my online SS website that I have been denied.The Hearing:So the guy was respectful enough during the hearing, thanked me for my service and all that. I had my issues written down on a piece of paper so I wouldn't forget them. I was holding it together pretty well, shaking like a leaf (anxiety sucks) but felt I was articulate enough to get my points across. My "lawyer" said I did well and was credible. The vocational expert was on the phone, said i could have been a marksmanship instructor, rural postal delivery or document prepairer. Lawyer got her to admit that there were no jobs for me for someone who would would be "off task" so much ect.Judge finished with "for better or for worse, for what its worth, thank you for your service". Ha. Why they even had to go the "off task" route is beyond me because even my medical records fit the Blue Book PTSD descriptions to a "T". This is ludicrous. Im pretty pissed right now. I just got wind of this. I wish i could sustain gainful employment. I was in the reserves for several years, but that barely qualifies as "part time"... hell, I mostly did that to keep fooling myself into feeling kinda "normal". So here I am. Financial hardship. Looking at doing an appeal. Meanwhile, some 20-something year old gets approved who has hurt-feelings and "fybromyalgia" or some damn thing. This judge is known for being a prick though, from a local lawyer in my area and has a 35 or so % approval rating. They sent me 8 hours away, even though Spokane is less than 2 from me. The Lawyer:I used "American Disability Alliance". They were kind of hamfisted the whole time about various things. They didnt follow up with me about records (supposedly they got them all to the SSA but Im not sure) and towards the hearing date I called..... they had missed the previous 6 months of treatment records! They farmed my case out to some local lawyer, who seemed pretty decent. I felt he could have been more aggressive for me, but who knows. Lessons Learned:Not sure yet. I can tell you this sucks. All of it. Pretty pissed about the whole thing. I have a family of 5. Im in financial hardship. Guess Ill try an appeal. Trying not to lose hope.
  3. I appreciate you translating the government lingo. I had no prior conditions prior to service. I will file a NOD. Thanks!
  4. When you get a VARO decision (not ebenefits, and not a VSO opinion), show us the decision. If you had (SMC S) previously, and were granted an increase from tdiu to schedular, I cant imagine losing SMC S. That is, they would have to do a proposed reduction based on your increase. Before I got my head in an uproar, I would want to see such a decision. Frankly, it sounds like BS with a capital B.
  5. Sorry, but your VSO is wrong. If he allows the VA to push this logic get a lawyer. I went TDIU on a 70% disability and had another separate disability that was greater than 60%. I got SMC-S because of this. The final total of all my disabilities was now 100%. TDIU is not moot because it allows you SMC-S. My letter generated by the VA states that I am 100% scheduler and that I am paid at the 100% rate solely due to my service connected disabilities. You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 100% Your current monthly award amount is: $3592.35 The effective date of the last change to your current award was: December 01, 2018 You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes You are considered to be totally and permanently disabled due solely to your service-connected disabilities: Yes The effective date of when you became totally and permanently disabled due to your service-connected disabilities: October 06, 2017
  6. I dont know if I won it. Its at the CAVC, "with judge". It could be up to 6 months or could be any day.
  7. Yesterday
  8. broncovet you slick dog you. You never mention you won your claim??...unless its the EED still out on Hung Jury?
  9. A lot to unpack here. Thanks, guys, you've given me lots to consider.
  10. I'll take a Crack at this one other members please chime in too. I could be wrong? If You were 90% with a TDIU P&T Rating (TBI) what was your SMC based on at this rating? Do you have a condition that would warrrant SMC? Anyway If you go from 90% TDIU P&T Rating and have another S.C. separate condition by its self separate and distinct which would be the S.C.70%PTSD Rating.. because of this new rating you are at 100% Schedule Rating. This should make the TDIU Moot and let you meet the SMC S HB Criteria with a final 100% degree in your rating. I believe your VSO has it backwards. Anytime you have a 100% rating (IU is considered to be a 100% rating for rating purposes) and then get another rating separate and distinct (like your 70% PTSD) and that rating is 60% or higher (like your 70%PTSD this meets the SMC S H.B. Criteria as they will use the special SMC Rating Table to take you to this new rating. jmo
  11. I recently went from 90% to 100% schedular. My VSO told me that I lost my TDIU 100%. I hope I'm explaining this right. In June of 2014, I was granted a rating of 70% PTSD. This rating allowed me to have a TDIU rating at 100%. Because my highest disability is 70% I am no longer eligible for SMC-S. What does the law / regulations say about losing t d i u when you move to a 100% scheduled rating. 70% TBI 70% PTSD 30% Migraines 20% Diplopia 10% Tinnitus
  12. I filed a increase for a few claims increases and UDIU .They finally sent notification and closed the claim . Ebenfits still has all my ratings the same but my effective dates all have changed on each individual claim . Has anyone seen this before ?
  13. <<<<<< any one with TDIU generally cannot work.>>>>> Remember, there is always a work around. I just got one of my clients IU even though he has his own accounting business. It's classified as "sheltered employment". For every VA regulation, there is a repair order-well, almost. You will need a good legal representative to succeed, though. It's very important to realize each Veteran's circumstances are unique. There is almost never a "one size fits all" rule. Witness the extraschedular scheme of TDIU if nothing else.
  14. Thanks, I have learned a ton from reading all of the posts. You guys are awesome. I do have one more question. The VA sent me a letter stating that they could not get my records from the VA. That strikes me as odd but I went to the VA and asked them to print off my records. They did so and, amazingly, it included my C&P for my knees and shoulders that I did the day before. On one knee flexion is 20 to 140 extension is 140 to 20 and the other is 30 to 140 and 140 to 30. She mentioned that I have functional loss as a result of this as well as pain. They are both service connected. How do you think they would rate this?
  15. I think this statment was meant that the condition was diagnosed and treated by psychiatrist from a military Doc while still in the military hopefully because VA is the only ones that can make a PTSD Diagnosis I am having terrible luck with VA C&P exams. Any guess as to my rating? SC diagnosed and treated by Psychiatrist while active duty
  16. here is just an example of the E.p 930 ''Received a message from the VA about a Ep 930, what is it? "Thank you, Sir, for using the IRIS System. We established End Product (EP) 930 to continue developing your claim for service connection for dropped foot. Please know that both of your appeals are now considered “certified and ready” for the Board of Veterans’ Appeals (BVA) Travel Board. Before your claim folder is sent to the BVA for the travel board, we will create a temporary claim folder that will stay here at our Regional Office so that we can continue processing your EP 930 for service connection for dropped foot."
  17. I am going to accept that idlv program is goin to give me my items. Or the decision that granted them. I get s call from v&re d.c. were the adminstrive review was done told my program been interpret status for 3 yrs. Try to explain about the review she see nothing in the computer about it tell me u are goin to have to deal with thm. But calls me back an tells me the buffalo vr&e will send me a copy if decision. Lol I been ask them for it for 2 yr smh Than I look on benefit your appeal of vr&E SERVICES CLOSED 2015. So now I appeal it how an when. Reg state adminstrive review nod appeal I am goin to put in paper to reopen that appeal. If that don't work forget it. That program seem to be a waste of time. It has no oversight.
  18. My question is do I resubmit it as an NOD with DRO review or request a hearing? Or are there other options Definitely NOD and submit any other evidence you have if you have not done so you may want to request your updated C-File First thing. I like the DRO Hearing myself over the DRO Review simply because you can sit face to face with a DRO and present your evidence as opposed to a review , what if they don't read all your evidence? and your denied once again...eh!!! your other options would be to hire an attorney if your unsure with your your evidence to support your claim. Note: during your DRO Hearing you should take notes of what the DRO Mentions especially any CFR's he/she may mention this will all be on a transcript later but taking notes will certainly help you out if needed. The DRO Will or should ask you if you want a formal or informal hearing... Use the informal Hearing . at the beginning try to hit it off with the DRO and everything should go ok. if you been to a DRO Hearing before then you know what to expect.
  19. No 6 months is not to long matter fact it can take a lot longer that that with some MST Claims if you had your C&P A Month ago it should not be to long now. they maybe adding up all your symptoms and may find other things in your records that can be favorable to your claim...just try to relax and wait until you get your BBE in the mail it sounds like you got this! a 100% rating will certainly help you financially ...but do stay in treatment as long as you need to.
  20. Saken Please feel free to come back to Hadit if you have any questions or you need to find out something. your always welcome here.
  21. I am sure they are part of God's plans Buck. It is very sad, what you mentioned here today. Congress developed DIC in 1956. She certainly was eligible for it. The 10,000 might have been the amount of Servicemembers Life Insurance in those days. My husband was with 1st MarDiv in Vietnam too.
  22. My older brother was a Captain in the Marines up at ‎Khe Sanh Combat Base from 1967-1968 he made it through his year and is still living at age 84 I was the only enlisted member of my family besides my brother-in Law I was US ARMY they were Marines. which we all served in Vietnam.in the late 60's I served from 69-71 and was discharge Honorably in 1972
  23. Thanks for all the help, guys. I think I will let it rest and see what the results of this C&P are.
  24. Oh I know what you mean Ms berta I still have a hard time understanding about TBI's and what they can be secondary to I always have though that TBI Veterans don't get a fair rating because its so complex...and so many other conditions a TBI can cause or be related too. I had a question to ask you that's been hounding at me for some reason or another and its totally useless now but I would like to know some kind of answer Years ago back in 1968 my brother-in -Law was killed as a machine gunner on the ground during a fire fight up at Quang Tri Provice during the Tet Offensive he was PFC with the1st marine Div ok my sister was paid a 10.000 '00 check after his Funeral...could she have got DIC back then? its just something that's been on my mind but is useless now to worry about...but may be ask this some day? What is strange is they both wanted to have a better way at life he went join the marines and he loved it and was very proud he join, and my sister was a beautiful woman and wanted to get in a professional career as a Model...and they both had great plans as to what they wanted to do with there life. Well as faith had it that was not to be my brother-in law lost his life on July 27th 1968 QuangTri Proviced South Vietnam on a Friday evening. One year exactly from that date my sister lost her life in a horiffic auto accident on Friday afternoon on July 27th both at the same age at death age 23. I still remember the weird feeling I had the day I seen my brother-in-law get on the city bus headed to the Airport as he scoop up his duffel bag over his shoulder and grab the bar to get on the bus I had a werid feeling about that as he wave by to me I gave him a thumbs up..who would have known things would end up like this...he was wearing his uniform and smiling. http://www.virtualwall.org/df/FoleyWL01a.htm Now maybe God has plans for therm in heaven and I hope to see them both some day.
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