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Showing content with the highest reputation since 11/14/2018 in all areas

  1. 2 points
    Hi, I'm in a very similar situation. TDUI was granted by BVA and other accompanying claims were granted in so far as service-connected, while others were basically denied or remanded. What my most excellcent Vet attorney's case manager told me [ on here even, they agree this team is one of the best] Is that it does not go back to RO, since TDIU was granted. ( that part of claim and others granted). It goes to a different office, where my legal team now submits a date, with evidence, the TDUI should have been paid from. It's nothing for RO to decide. They have some kind of interim office set up now, when such is granted, to just get correct date concerning back pay. They told me should be around 4 months or so till actual $ is sent. My Marine husband died 2012 with open claims. And the biggest hug to Berta, cuz before I read her writings here, I had no idea I could, as his widow, do a thing to keep fighting, which he told me to do, on his deathbed...for his sons. He died at 90% which basically meant nothing for me or his sons. Even though I knew the seriousness of it all how VA kept him at 90% I did NOT know I could substitute myself in claims till after his death and just heart-broken, I was reading other stories till I read Berta. You will never know how much you helped me and our sons, Berta for I have no words to tell you. He told me to fight it...the 90 percent and even he didn't know how. I am sure he is smiling from heaven, with rays of light on Berta. And thanking her.
  2. 2 points
    Yes, you remain at 90% overall with IU and you are entitled to CHAMPVA. Congratulations.
  3. 2 points
    Hi all, Been a long time since I posted. It's been about 4 years since I got my BBE with 100% rating. Even though I was 100%, 4 of my conditions required reevaluating after 5 years. I stressed every day for the last 4 years, as money was tight and I couldn't afford to lose 100%. I signed up for USPS informed delivery and it showed today that a letter was coming from the VA evidence intake center. Did some research and worried all day about what it could be. It showed up and was a letter that said they reviewed my original claim and decided to just make them all permanent! I'm now 100% P&T, the kids have education assistance, and my property taxes are now $0!
  4. 2 points
    BVA Grant- 8/15/18 VARO Rating Decision- 8/27/18 Ebenefits Updated-11/11/18 Still waiting on the letter but the RO said I should receive it soon days/week maybe definitely before Dec 1st disability payment since Ebenefits already reflects the new rating so its safe to assume the letter is being sent as well as processing of the retro payment.
  5. 2 points
    Funny, the Marines taught me this. Several years ago when I got TDIU my lawyer wanted to quit (as I would be taking time at the RO or BVA that another veteran needed) and I wanted to press on. We pressed on and I was awarded 100% P&T at the RO with SMC S. I still wanted to press the issue but my lawyer said we should quit, he had just gotten paid. I ended my relationship with my lawyer and filed a NOD for EED of SMC S. I also found out that my lawyer had written a letter to the VA stating I was done with my case and to not return it to BVA. I cited to the VA that my lawyer no longer represented me and I wanted my case to go back to BVA. I have had more luck at the BVA the five times I have gone there. I just received the BBE from BVA today. They gave me a 6 year EED on my PTSD and awarded tinnitus. I cannot receive more compensation from the VA for this but my PTSD is now only 9 years from being locked in. The RO is still working (if you can call it that) on my EED for SMC S, which I believe is stronger after my new BVA decision. Lawyers can help a lot if you are caught in a situation where the VA is flouting the laws as they were doing in my case. Even so, they may not always give the best council after getting paid. VSO's more so should be questioned. Some do a really wonderful job but others are just collecting their pay (many from the VA). Do not be bullied or scared into not appealing to the BVA or ending your case prematurely. There are several reasons: You might get reduced if you appeal : You are taking the time at the BVA that another veteran needs : You have been awarded enough : You should feel lucky to have won : etc....
  6. 2 points
    when i was thinking about this post i was trying to see if i the va was doing something out of ordinary. reason is,, 2017 partial grant rest remand... retrieved my retro and increase 3 weeks after judge stamped decision. now i was seeing i thought that since january of 2018 VETS are getting wins but AMC nor VARO are in any rush to implement. i was told today on the phone from bva obuds that the VARO are pulling DRO to do RAMP and leaving those that are not RAMP upto AMC. mines not RAMP.
  7. 1 point
    I am new to forum and to posting so please bare with me. I had a BVA decision grant me 70% for adjustment disorder, they also granted TDUI back to March 3 2004. This was a month and a half ago, I asked via chat the VA what was my status there reply BVA Grant pending. What does this mean calculating ? Pending what ? Ebenefits shows nothing new. I am confused. Thanks Robert
  8. 1 point
    Congratulations, your case will go back to the RO who will grant a percentage. The date, it goes back to should be the date you filed. Sometimes it will be the date of your C&P examination. We cannot speculate how long it will take, that depends on your RO. The good news is that it is supposed to be expedited since it is a BVA remand. If the percentage is not good or the effective date is not good you can appeal back to the BVA for an earlier effective date or for a greater percentage.
  9. 1 point
    Part of this problem is that the BVA has more lawyers now than ever and BVA is working faster than the ROs are. Still it is quite frustrating! Many of us have been through this waiting game. The 800# is often useless. IRIS can give a better status (sometimes)
  10. 1 point
    thanks vet quest. Here is the real kicker everything I claimed I was treated for medically while on active duty (85-99). So for this to take going on 15 years ? I know they are 2 completely different fish but I have been on SSDI since 2003 ?. Oh well you said it correctly, now each day seems an eternity. The sooner the better for many reasons.
  11. 1 point
    through the looking glass, my Stimulator is working really good for me. Are you retired military? If so you would qualify for Stimulator. They make you go thru physicological testing. Not sure why. I geuss so some dr makes money off it too. But has Buck said they let you do a trail . In the the trial they put these little wires up your spine. They are really small. And they program the remote and they tape the implant on the outside of your backside. You can control the remote yourself. But if you get at least 50% improvement you are good to go. But I will tell you I have more improvement now than I did with trial. I did get a new bed to. And it has helped even more. My problem now is my back gets very tired. I’m just taking it slow. And I’m thinking of doing some water type exercise to help restore some back muscles more and my core muscles. If you ask your pain doctor they should know about it. Look on internet on Boston Scientific.com. Good luck, With whatever you decide.
  12. 1 point
    So, basically this doctor just pulls an opinion out of his ...
  13. 1 point
    I agree too -SSDI will take some time- "Will they rate my secondary conditions as well?" I hope so- have you have C & P exams for them yet?
  14. 1 point
    I agree with Broncovet to file for SSDI now. Claims take at least several months and you should have some documentation by then. No use losing $1000.00.
  15. 1 point
    Lumbar and Thoracic are rated as one. Cervical is rated as one and separately from the Lumbar/Thoracic. I am rated 20% Lumbar/Thoracic for Range of Motion and then 20% Cervical for Range of Motion. Degenerative Arthritis gets you service connected at 10% by x-ray evidence. 20% and higher ratings are for ROM. Bed-rest gets you the big numbers, but doctors don't prescribe that anymore, so its just the VA rating reg being from the stone-age. Good luck, Hamslice
  16. 1 point
    Hi all, I won my BVA a few months back and was granted SMC-l for aid and attendance. I feel things went smoothly, but I guess having a lawyer who knows what they are doing can make that happen. Life has been tough medically for me the past few years, and this win was just what I needed to lift my spirits. I’ve struggled with my AS (Ankylosing Spondylitis) becoming super aggressive and really interfering with my quality of life. My PTSD/Anxiety/depression/OCD has been very bad in the past year as well, and I recently put in an increase for that, so I am still waiting on that development. My husband and I are contemplating applying for the caregiver program, but I’m not sure I’m ready (emotionally) to admit I would need a program like that. I’m pretty stubborn and would rather suffer than admit my body is failing me . Anyway, I love this group and I am so glad to have a community to go to when I need help. side Note: my retro came in multiple chunks, like 10 different amounts . When I went to look at my bank account, it took me a few seconds to figure out what had happened.
  17. 1 point
    Well, if you go Supplemental, and you don't agree with their findings, you can then appeal and THEN it will go to higher level review! Today is day 169 for me on Supplemental review, and the decision was made yesterday, awaiting them to send it out to me.
  18. 1 point
    My file is marked expedited and I’m on day 217. I submitted it about 03/23/18 and they started work on it in 06/18. I’ve had many appointments and since beginning of September it has been STILL. Strange thing is that it’s appeal to backdate the date to when I spent five months in a coma. It took me 14 years to get disability. The VA’s response to all the sick veterans stresses me out and makes me sad most days. The VA, more than my terminal illness, makes me want to give up.
  19. 1 point
    After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I hear various Senators pushing bill H.R.2288 - Veterans Appeals Improvement and Modernization Act of 2017. It passed the House and was headed for the Senate. It was to shorten the time period of between 5 and 10 years to one year for appeals. 470,000 appeals waiting for approval. I wrote back to Senator McCain and thanked him today. No reply necessary. https://www.congress.gov/bill/115th-congress/house-bill/2288?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1
  20. 1 point
    So my claim moved to "Pending decision approval" phase today with a completion date now of 11/16/16-11/20/16. After only filing my FDC at the beginning of September 2016. I wonder does that mean my increase request for my already service connected 70% PTSD was denied or approved? On one of the questions on my 10/2016 C & P exam "Which of the following best summarizes the veteran's level of occupational and social impairment with regards to all mental diagnoses?" (Check only one) She marked "Total occupational and social impairment". However I do currently work (although with much hardship which is noted in my medical chart notes) and my other symptoms seem to be a mixture of the 70% rating level that I already have and the 100% rating that I'm not at yet. So I'm at a lost. Does anyone ever get a 80 or 90% increase instead of a full increase to 100%? Any feedback would be greatly appreciated. Thank you.
  21. 1 point
    @Gastone-Thank you for taking the time to give me feedback. It's greatly appreciated. Accounts are set up for notifications as you suggested and am checking EBenefits as well in the letter area. Right now nothing has changed in my "disabilities" are or the "letters" area, so I don't know if that means they've denied my increase and are just going to keep it at 70% SC for my PTSD right now or if it's not going to reflect anything until the entire claim is completed. I've heard sometimes the letter part won't update until the claim is totally complete. Regardless, I'll continue my therapy and hope to one day get a hold on this madness, but a increase would show that they've acknowledged that my PTSD has worsened greatly. But I understand all the wording in your medical records have to be worded and documented almost perfect or they'll just kick your requests back.
  22. 1 point
    Rootbeer22, Wish you all the best on getting the IMO/IME you need to finish this battle off. In reference to the C-File request, I had waited well over a year and hadn't heard anything out of the Houston VARO, so after months of call and IRIS requests, I used the nuclear option and went with a Presidential inquiry. I sent a simple request for the C-File, giving a breakdown of my circumstances and wait time, and within about a month, I received a hardcopy of my C-File from the Houston VARO. The cover sheet was even filled out by hand. I'm thinking that this is what put a rush on it. If you are running out of time, might be a worthwhile shot. Good luck! Mark
  23. 1 point
    No one responded but I will share what happened. My full retro is available in my bank currently and ebenefits does not show the payment made as of yet.
  24. 1 point
    If your award is less than 1 year old than file a notice of disagreement. From what you describe you have issues with your ankles as well as your feet which can be rated seperately. Have your private doctor get you refered to podietry and ortho (for ankles) to establish new evidence and re-open the claim if it is over 1 year old. Good luck, Bergie
  25. 1 point
    Some of his BVA cases are posted at his web site and under Dr. Bash, or Dr. Craig Bash-in the search browser at the BVA search site you can find his cases. This does not show the claims he helped to succeed at the VARO level. Many vets have had success with Dr. Bash 's IMOs. If the medical evidence and nexus is there , he can assess it to the benefit of the veteran and he knows VA regs and case law, 38 CFR etc and can shape the evidence into the proper legal criteria for an award. He cannot perform a miracle. If the medical evidence does not establish the disability or a criteria for a higher rating, there is nothing anyone can do. If the claim lacks a service nexus he pours through the SMRs to see if one is with them. Unlike many VA "experts" rendering opinions in SOCs to deny a claim, Dr. Bash looks at the veteran's complete medical records. "With all the talk there should be a lot of replies." Vets here have succeeded with the help of Dr. Bash. Lets face it -many vets who have succeeded at the VARO or BVA level with the help of Dr. Bash or have a good IMo from another doctor- are not here at hadit. There is plenty of proof on the net that he helps veterans all he can with IMOs.
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