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Showing content with the highest reputation on 01/12/2018 in all areas

  1. 2 points
    Dont cancel your appointment! You can re apply for benefits denied in 2002, if awarded, you may be able to argue an earlier effective date. As already pointed out you can ask for an increase. Do not worry about having claims pending and appeal, and new claims running at the same time. Its perfectly fine to have an appeal for PTSD at the BVA, while you have a new claim in for arthritis, for example. "Waiting to file" almost always costs you money because your effective date wont be earlier than the date you filed with a few exceptions.
  2. 1 point
    It is in this link today! https://community.hadit.com/topic/70624-am-i-wasting-my-time/#gsc.tab=0 It pays to have these awards noted in the Success forum or as an award in the DIC forum , because they give hope to others. DIC can become a complex issue but Seabee's wife gave them the evidence they needed.
  3. 1 point
    Broken Cat - T-Bird is correct in all aspects of her post,"Validation"..... I have my police & NIS- crime scene and injury photos/ report too. The one thing I took away from it is these words - "She initiated a violent struggle with the offender". - Find your sentence in your report and use it as a mantra. It is easy to find any offender in the prison system, if you know what state. I utilized the inmate locator in CA to find my offender - and I have successfully blocked his parole and will again in 2019! Good Luck
  4. 1 point
    Its "a little hard" to get 100 percent on "invisible" disabilities while you are still working. One example of an "invisible" disability is depression/PTSD, since VA does not make us wear Tshirts that say, "I have PTSD". If you have lost both legs, for example, that is not an invisible disability..its rather obvious, usually even with fake legs. However, if you want to try anyway, go for it. If you read the criteria for mental health disabilities, for example, in the 100 percent category, you will see TOTAL OCCUPATIONAL IMPAIRMENT This strongly suggests you if you are working then you are not "totally occupationally impaired". And, yes, I understand where you are coming from as far as combining with the TBI. However, "pyramiding" prevents you from being awarded benefits for, a particular symptom with both PTSD and TBI, or BOTH PTSD and depression. You dont get paid for symptoms from TBI, then again the same symptoms from PTSD. Its prohibited, and VA is anal about not allowing pyramiding.
  5. 1 point
    Someone pointed out they should burn the human waste in Washington DC..and let the congress critters breathe it and we would have a "burn pit" ban in a week, as well as benefits for Veterans who had to breathe it.
  6. 1 point
    63Charlie, you are making a BIG mistake not using a VSO to at least advise you on your claims. Yes, it's easy to gather medical records, fill out forms..submit everything on Ebenefits, BUT, an experienced VSO can also help you avoid getting denied, just like you just did. Associate it with going to court without a lawyer, trying to be your own lawyer, setting yourself up for failure. You can't live a good life without trusting folks. Also, if you've been a member here on hadit very long, you should have read that the majority of us here do use VSOs, attorneys... Do yourself a favor, get some kind of help with your case, if only some advise. After all, you deserve it! Allan 2-2-0 HUAH!
  7. 1 point
    RV, just might be time to switch VSO's. If you're in the middle of an Appeal (RO, DRO or BVA) all New VSO's will try to get you to stick with your current VSO/VSR. They don't like to step on each others toes. My 1st VSR was VVFW, VSR was old and burnt out. Of course he was the only Rep in the RO HQ office the day I stopped in to file a claim in early 2008. Didn't realize what a waste he was till after the 09 Denial of everything. Never heard from him after the 1st filing, nothing regarding NODing the Denial. Tried calling him numerous time, nothing. Filed my own DRO Hearing NOD at the 11th hr of the 12 month Filing Window. Continued Filing my own New Claims while awaiting the DRO Hearing. Went from 10% Tinnitus from 08 1st Claim, to 90% (Inferred IU) in mid 12. Filed a DRO Hearing NOD on the 09/12 IU Denial. VVFW was real-time copied by the VA regarding all my New Claims, Awards and Denials. Never once did I hear from the VVFW VSR. While at the RO for a VR appointment in late 2013, I asked a Rep from the Marine Corps LG for a piece of paper to slide a note under the always locked door of the VVFW. After some discussion regarding my inability to make contact with the VVFW Rep and my pending (2) DRO Hearings, the MCL Head Honcho agreed to accept my POA. I still file my own Claims but the MCL Rep (Retired RO SR DRO) was and is. of great assistance since my 100% all Issues Awarded 06/14 DRO Hearing. You just have to shop around until you find a VSO/VSR that is a good fit and meets your expectations.
  8. 1 point
    File for an increase if your service connected disability is worse. Anytime and as often as needed. File for any issue you have that was/is caused by your service connected disability "secondary" to your current condition. I have more secondaries, than original claims. Go to your VA health appointment. VA health and VA comp are two seperate animals. Not related. Your primary care doc (nurse) has nothing to do with your comp or your C&P's etc. One is compensating your for your injuries and the other is concerned with your health. One is trying to help you live and the other, we'll the verdict is still out, Hamslice
  9. 1 point
    LJ, after an IU Award, you can start or continue to work part-time at somewhat marginal employment, as long as you don't exceed the SGI $12,400. Just be sure to file an accurate yearly IU Anniversary Date required 21-2140. An IU Vet can attempt to renter the work force earning well in excess of the SGI. If the Gainful Employment is held for (12) consecutive (Uninterrupted due to SC's) months and reported on his yearly 21-2140 or picked up in an IRS crosscheck, an IU Rating Dept Reduction Notification would be expected.
  10. 1 point
    63, unwise not to use a VSO for info verification and their somewhat limited assistance. The fact that you may be able to have a copy of relevant C-File pages in a day or 2 as opposed to having to wait 8 to 12 months after filing a VA FOIA, could be of great assistance.
  11. 1 point
    I am currently in the Voc rehab program and I just recently got approved for IU from the BVA which is still being developed at my RO but as to whether or not you should work while your seeking IU, I would be very careful about keeping any full-time employment during this period and Even part-time could work against you when it comes to their decision. Being that you completed the Voc Rehab program and began to work right after would seem as though improvement had been made and in my opinion could ruin any chances for IU. Please keep in mind that this is my personal opinion.
  12. 1 point
    Welcome to Hadit! It sounds like you should request a rating increase instead of an appeal since you already have a SC rating for the disability. You will only need evidence showing you qualify for a higher %. If the evidence is within the past 12 months, they can grant an effective date based on the date the entitlement arose. This can be good because you might get retro money if your combined % increased. If the evidence is older than 12 months, they can grant an effective date based on the date you requested the increase.\ You can find the current rating criteria for each diagnosed disability at this link: https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38: Good luck!
  13. 1 point
    To challenge a decision "years later" you have at least 3 choices: 1. Challenge the decision using the "CUE" standard of review. This may work, if the errors in the decision rise to the Cue standard of review. An "error" is not the same as CUE, not all errors are CUE. 2. Resubmit new and material evidence. If this evidence is SERVICE Records, you can get an earlier effective date under 38 cfr 3.156c. Also 3.156 b, "pending claim" may also earn an EED provided that you submitted new evidence within a year of the RO decision. 3. Refile the claim, and try to win an earlier effective date later, after its awarded.

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