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Showing content with the highest reputation on 10/18/2019 in all areas

  1. 1 point
    I'm going to the health clinic later today to get the diagnosis paper. She will come with me and hopefully the doctor speaks to her. As for coffee, i don't drink that stuff lol.
  2. 1 point
    Here are the claim files for review. Will be offline until Sunday night. Any suggestions will be greatly appreciated. Back IMO medical opinion.pdf Back DBQ by VA (VES 22618612612).pdf Back Rating Decision.pdf Back Supplemental Claim.pdf
  3. 1 point
    Bradley v Peak made it is possible to be rated 100% and still get awarded TDIU.... Bradley v Peak held that the VA has an obligation to maximize ratings so the the veteran can receive the highest compensation possible. The Court also held that a TDIU rating based on a single disability may satisfy the statutory requirement for a total rating for entitlement to SMC at the (s) rate. It found that the phrase “a service-connected disability rated as total” contains no restriction to a total schedular rating and no exclusion of other total ratings, such as TDIU. The Court noted that restrictive language precluding a TDIU evaluation from satisfying the “total” requirement of section 1114(s) was dropped from the implementing regulation, 38 C.F.R. § 3.350(i), in 1995 following a General Counsel opinion that held that section 1114(s) did not authorize such a restriction. In considering the circumstances of the veteran’s case, the Court indicated that a TDIU rating for PTSD alone would entitle the veteran to SMC benefits. Thus, VA should have assessed whether the TDIU rating was warranted on the basis of PTSD alone before substituting a combined total rating for his TDIU rating, as a finding that the veteran’s PTSD is sufficient, on its own, to warrant a TDIU rating, would mean that the veteran is also entitled to SMC. The Court vacated and remanded the issue for the Board to consider whether the veteran is entitled to a total rating based upon PTSD alone to determine if entitlement to SMC at the (s) rate is in order. So requesting a TDIU rating when a veteran has a 100% rating is not automatically moot.
  4. 1 point
    Maybe that is at least some of the reason why the status goes so often back and forth from waiting for decision back to gathering evidence than back again. Multiple items on the claim. It would help explain "some" of the indecision on the status page.
  5. 1 point
    Paul, excellent. We are all very happy for you. You can miss details when you get good news from the VA. Just another example to re-read your stuff one exam it after the dust settles. Congrats!!
  6. 1 point
    Something like that happened to me when I filed my DRO appeal six or so years ago. I was not expecting to get 100%, let alone 100% P&T. Many of the claims in the shotgun appeal were initially opened 2008, so they backdated the EED to then. The BBE letter indicated I got P&T because my conditions were not expected to improve.
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