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  1. Just wanted to share this with everyone as I prefer to give credit where it is truly due: After I won my recent claim, with this forums help for my mental health my brother-in-law, an Air Force vet, began to look at his mental health more seriously. With guidance I received via these forums, I helped by advising him on how to develop his claim and he submitted everything on Jul 1 2020. Today, he received a lump sum deposit from VA. Upon later review of his VA.gov account, it had been updated to reflect his mental health as secondary to his current back claim and was awarded 70%. Bringing
    4 points
  2. Checked Ebenefits today! Finally!!! I have 100% on the circle at the top and checked the letters and it says I am P&T! Thank you all for the help over all of these years! It was a rough ride! Now to fight for the backpay!
    4 points
  3. I can explain it. That's the lowest number they could find in a quick scan of the report. Luckily, we weren't on page 1.1, or that would be our raise.. Hamslice
    3 points
  4. Foxhound6 Great news!!! Way to go. That's what Hadit is all about. Learn, win, pass it on. Congrats to you both.
    3 points
  5. This is what won my sleep apnea. Please feel free to use this in your fight against the VA. Most would not need to be this long, but I would use what you feel is needed and fits with your claim. Dear Ladies and Gentlemen: Supplemental Claim is elected. If additional evidence or clarification is needed, please contact me by facsimile, telephone, or U.S. mail. The above veteran received a Rating Decision dated March 12, 2020 and wishes to appeal this decision regarding the following issues: 1. Service connection for sleep apnea. The Veteran is entitled to service connection fo
    3 points
  6. Shrek.. Go for it. There is no "stand alone" claim for an eed. Your effective date is determined BY the decision, and the procedure is to appeal any/all disputed effective dates by filing a NOD. I have appealed several effective date(s) and won them all. As always, it was a long fight at the BVA and, even the CAVC. You have to be willing to "go the distance" if you want your EED. Its my opinion, not supported by all Vets advocates, that you should appeal to the BVA and forego Regional Office reviews (either SCL or HLR). While its possible the effective d
    3 points
  7. yes. The payments are returned from your lender, not the VA, so you can only do it once, per the Lender/Nelnet, whomever's rules.
    3 points
  8. OK 100% scheduler and TDIU pays the veteran the same benefits but P & T is not a rating it is an ancillary benefit granted to veterans once they have reached 100% scheduler or TDIU. TDIU is granted to veterans that cannot not work due to their service connected disabilities. When the veteran is award 100% scheduler, he/she can legally work and make all the money that he/she wants. There are no restrictions. P & T comes together and VA can't/won't separate the two. It depends if your medical evidence states that your conditions are permanent in nature ( Not Likely to Improve). For mo
    3 points
  9. Sorry, that is a tricky question, so I must give you a tricky answer. It really depends on the effective dates. Like GB said, if your TDIU claim is dated prior to your granted appeals then your appeal grants can raise your overall rating to 100% scheduler and no retro pay would be due but if your new ratings give you a separate 60% beyond your TDIU rating then you could be entitled to SMC payments which is a little more then an extra $300+ of month. At this point is would be pure speculation on anyone’s part to say what VA would or would not do. You must have the decisions in your hands.
    3 points
  10. If you have a smart phone, you can cover your information and take a picture of the pages and then add the pictures as attachments.
    3 points
  11. By no means USMC that I am a VSO or anything in that nature, I just love helping Vets as to the rest on this site does. I do not know your military history or background but from what I do know is that you should have files for just more than your back. In order to remain in the military, we all have to qualify with our weapon. We all have been exposed to loud noise. Most of of us have filed for tinnitus. Most of us have deployed, maybe some event happened as to where we have PTSD. Some of us have pain from a service connected condition and cannot do the things that we use to do
    2 points
  12. It looks like my battle with the VA has finally come to an end. I never gave up fighting. I was recently granted service connection for Obstructive Sleep Apnea at 50% at the regional office level. This now puts me at a combined "90% Schedular with TDIU." That was the last claim that I had pending with the VA. The VA has also sent me several additional forms with my award letter that I was not expecting. These forms are as follows: 1. VA Form 21-8760: ADDITIONAL INFORMATION FOR VETERANS WITH SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY 2. VA Form 22-5490: DEPENDENTS’ APPLICATION F
    2 points
  13. Agree with Shrek 100%. To say once you get TDIU you have to stay at that rating makes no sense at all. What id the veteran had 2 or 3 major new disabilities that would put him over 100% for scheduler. Does that VSO say he should file for those? We all see these so called "professionals", some are good and, unfortunately, some are bad. The sad part is, like Buck said, the veteran often will go withe the "professional's advise and who can blame him. He doesn't know and that's why he is asking for advise. Never ending story. Sad, really sad.
    2 points
  14. datart Welcome to Hadit brother. Here's the deal. To receive an approved disability claim you need the Caluza Triangle: a current diagnosis, an event or illness of the injury in-service, and a connection or nexus to the two. Doesn't sound like you meet the first and 3d. Current diagnosis. If you don't have a current doc, go get one and get a diagnosis and current prescription. Key word: current, not years ago. Not hard to do. Next ask the doc if your current symptoms are related to your in service time. Do you have any med records showing IBS symptoms while in service? If you had issues while
    2 points
  15. I usually review the BVA chairmans report, each time it comes out. (Every year). Why? https://www.bva.va.gov/Chairman_Annual_Rpts.asp 1. It helps me choose "which" appeal method I will use: BVA, HLR, SCL. On page 32, 2019 version, I read that 20.6 percent, overall, of Veterans appeals are denied by the BVA. I already know that about 80 percent of claims are denied at the VARO. So, do you want a 20 percent chance of winning (at the VARO), or an 80 percent chance at the BOARD? 2. It helps me decide whether to hire an attorney or not. If you look, also on Page 32, Attorne
    2 points
  16. Your doctor would have nothing to do with a claim with the VA. Unless they ware writing an opinion for you about your claim. If you have sleep apnea then you need to get it checked and get what you need for it. The VA doc is there to make sure the patient has any medical issues taken care of. As for the hearing issues, the VA does have things to help you with the ringing in the ears. They have ear plugs that when tuned properly can reduce or eliminate the ringing. Are you talking to the Audiology department about this? If not I sure would. here are a some things which could
    2 points
  17. This has been said a thousand times A Veteran knows his/r claim more than anyone and it's up to the Veteran to see that he gets what he deserves...himself or from someone that can help. a veteran is his own best advocate Anytime a VSO tells me not to file for increase or anything really that's when I get rid of him...sometimes a veteran don't know what to do and they count on these VSO's but there;s always other VSO 's that will listen and be very helpful. just got to get with the right one. One DAV VSO really pissed me off one time ,I went into his office and
    2 points
  18. gumba88 You wrote... I believe you have two things going on. First, you used "Vet Rep", probably a VSO correct? Possibly from the VFW, Am. Legion, etc and he refused to submit? But it really wasn't a VA employee who refused correct? They can't do that! The VSO from a service organization can attempt to convince you that it won't work, but a VA Direct can't. Now, what I would do, and this has to be in your make-up, not everyone would do this. I would wait for the the decision letter to be official, and then I would take a redacted copy and make an appointment with the supervisor/
    2 points
  19. BroncoVet is correct; however think positive. The information to rate the claims is probably already present in the paperwork. Rejoice in the BVA grants and everything will work out. Congrats..........
    2 points
  20. @deedub75that is great. I know vets find it hard to find local docs/specialists who will do this sometimes, and i have had the same experience often. Alot of docs look at these requests like your asking them to help you in some insurance fraud against a gas station for slipping outside the door. If you dont have the money for the IMO then you may have to ask around, pay the co pay for a initial counseling and just lay it all out. Alot of doctors dont know how the VA system works and are totally unaware that they will use NP's to determine a neurology issue and without their help thats basic
    2 points
  21. I kept getting denied by the same VA nurse practitioner for bogus reasons and each time it went back to her she made up new reasons to deny me. I asked my VSO how to get my claims away from this NP and they told me get send it to BVA or get an IMO. I didn't want to send it back to BVA because they were the ones who remanded my claim back to the original VA NP who kept denying me in the first place. I typed up a nexus letter that I found on the internet and asked my personal orthopedic surgeon if he would support me. I gave him the letter that I typed basically as a template and told him he cou
    2 points
  22. exactly, i think the important thing to always remember is that alot of what we do in a claim is less about ENSURING WE WIN THE INITIAL CLAIM and about setting ourselves up for an appeal if it happens. It is perfectly possible a VA NP can say your headaches arent that bad, and your neurologist says they are really bad and they go with the NP. upon appeal that isnt going to fly. Yes we should win when the evidence presented meets the requirements for SC or a grant level but the world is as it is. on the issue of IMO's/confusion on hadit @broncovetis on this. I am in a position finan
    2 points
  23. No. They don't. Its based on the time that you file. A civilian has a three year look back period, but veterans do not. We also do not have to pay taxes on the amount forgiven.
    2 points
  24. So my Voc Rehab counselor called and said they were ready to start purchasing Step stool to get in and out of car Kitchen height adjustable so I can sit at my countertops to prep food. Prescription dispenser with alarm. (I asked for a different one than they suggested so I am waiting to hear.) Lumbar cushion for Van. Lift Chair they picked out PerfectSleepChair.com I don't know if that means I'm getting that one or something similar. Zero Gravity Workstation they are offering this one http://www.ergoquest.com/zero-gravity-workstation-0.html which doesn't acc
    2 points
  25. I apologize that no one answered your post earlier. No, I have no experience with "throat issue claims". However, I do see that a lot. It sounds like you have done your homework and have all the DC's. You did not indicate the date of the decision, but I will guess you are in the one year appeal period. File a NOD..it sounds like you can cut and paste your explanation, above, into the NOD as to why you deserve more. The compensation for 90 percent Vets is just $1862, while just 10 percent more brings it "almost double" to $3106. Of course, I dont know if yo
    2 points
  26. I second all those lawyer endorsements. I used Chris Attig personally. We won a remand and my cost was zero. Upon remand, I took his advice and got an IMO from voc rehab specialist, and won benefits back to 2002. ALL of the others have a good reputation..especially the best of the Best, Ken Carpenter (Carpenter Chartered). Ken has represented hundreds of Veterans at the CAVC, and won millions and millions for clients (Vets). He has also won precedential cases which continue to help Vets to this day. On the downside Mr. Carpenter did not allow me to send evid
    2 points
  27. @Foxhound6Just wonderful to hear. Way to fulfill the mission.
    2 points
  28. GREAT. OUTSTANDING. AWWEESSOOMMEE. Keep those success stories coming, love to read them all.
    2 points
  29. Bullet 3. While not common, since you are already 100% its a possibility. IV.ii.2.H.8.b. Considering the Level of Disability Required for Entitlement to A&A A single disability evaluated as 100-percent disabling under a schedular evaluation is generally a prerequisite for entitlement to A&A. Any lesser disability would be incompatible with the requirements of 38 CFR 3.352(a). Explanation: Both the nature of the impairment (being in need of regular A&A) and the compensa
    2 points
  30. Hi just wanted to update i was granted smc-s statutory. The veteran needs 1 single rating at 100% and any combination of ratings equal to 60%, it can be 1 rating at 60% or in my case 6 other ratings that equal to 60% or more hope this info can help others
    2 points
  31. This is a classic case of 38 CFR 3.156 (c) NEW SERVICE RECORDS. You submit these "new records" and you should get the original effective date, if awarded. Read this:
    2 points
  32. You can call or to can go to your senator office and they will email the RO office And the RO office will email the C&P exams to them. Semper Fi Brother
    2 points
  33. I am service connected secondary for my right shoulder (20%) to my service connected left shoulder (10%). The date for your secondary claim is the date you make the secondary claim, NOT, the date of your original service connected claim. Or anywhere in-between. Just because you find it in a medical record, does not mean compensation starts from there. Compensation starts from the time of the claim. Even, especially for claims that were previously denied. I find things in my old medical records that I never claimed, and I do claim them and and when I win I appreciated the compensa
    2 points
  34. I agree also. Don't know how much time you have left to file your supplement claim. You need an IMO/nexus from a doc to fight their original denial. As Buck said, you can't give a medical opinion that they will consider. If you have records from ebenefits, etc. maybe your new doc can pull enough evidence together with medical journals to get it done. Otherwise, after a year you can you can still submit but is starts a new effectivity date.
    2 points
  35. Now you got to fight! You got to build a good supplemental claims package. What should this include? 1. Solid Independent medical option Nexus 2. Lay evidence- great personal statement/Buddy letters. 3. Medical journals -- https://pubmed.ncbi.nlm.nih.gov/ 4. BVA court cases similar to yours. Combine that into a package and submit a supplemental appeal. Just my option on what I would do.
    2 points
  36. All due respect, Shrek, but that is not true. When requesting military personnel records and strs we legally have to wait for a negative response- that isn’t silence, that means we have to wait to be told by NPRC that No, they can’t find “it”. and continually request until they do. Personal medical records are two attempts to the provider, same with requests for employment info from employers for IU. VA will also not pay providers for printing or burning cds if your provider charges then we request from them 1 more time then send you a final attempt letter and it’s on you to get them.
    2 points
  37. pcarrie The VA claim status has steps, and the VA will report where your claim is in the generalized steps.Claim received, initial review, then evidence gathering, review and decision. Being at the review step doesn't mean a whole lot because it can and sometimes does moves back to gathering evidence. And, the status is not updated quickly. And, it isn't accurate. But other than that, it's fine. As we apt to say, get a hobby. Get a good book. whatever. Until you get your decision letter, anything posted is not reliable.
    2 points
  38. Unless there are intertwined issues, however, its not that common for VSRs or Raters to go on snipe hunts. You claim something, I look in your records for X (whatever you claimed), and things associated with it that could become claims (mentions of other limb affected by OTHER limb, stuff like that) which I then bounce off a rater to see if I can add it as a contention, or not, or if they will do it. Raters are the same-They can infer some things, but rarely do we or they have time to shovel mine your whole record for things not associated with the claim at hand. There is just too much to go t
    2 points
  39. Foxhound will this help, 38 CFR 3.157 – Report of examination or hospitalization as claim for increase or to reopen (a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which m
    2 points
  40. I think the form that you may be searching for in your C-File would be a VA form 119 REPORT OF CONTACT. It is when a veteran and or his representative contacts VA. If you had a representative he/she could have actually filed a claim.
    2 points
  41. Hey Fellow Vets, Let's talk about high level reviews! Once your claim is denied or you think you should of been rated higher, you can request one of three appeal lanes (HLR, Supplemental, BVA). One of those appeal lanes is called a high level review. You can add no new evidence to a high level review (No new med records, IMO's) but you can request an INFORMAL CONFERENCE WITH THE HIGHER-LEVEL REVIEWER. This is what I want to debate! Do you do the Informal conference or not? In my option, No! The word Informal makes that entire call questionable. When dealing with the VA,
    2 points
  42. These are my favorite regulations/case law which frequently result in a win for Veterans: Feel free to add how YOU won your claim, including the regulation or case law. 1. Caluza Elements: If you filed for benefits and HAVE all 3 Caluza elements DOCUMENTED, your approval chances are good. a) Current diagnosis b) In service event or aggravation c) Nexus or doc opinion that your current diagnosis is at least as likely as not relate to your in service event. Source: Caluza vs Brown https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/po
    2 points
  43. A new bill HR 7795 would direct the VA to restore public access on its website to DBQ forms. It would require the VBA to accept a DBQ form for one year after is it completed, even if the VBA updates or changes the DBQ form. This is great if it can pass. Keep an eye on that one if it comes up for vote.
    2 points
  44. Very interesting! I'm seeing that many people choose to go right to the BVA and I do understand that for sure. In my option since they changed the appeals system to this new HLR/Supplemental/ BVA path it benefits the Veteran more to go HLR or supplemental before the BVA route. Why? Time of claim. On average supplemental and HLR's take about 4-5 months, why not get some additional evidence or write a great rebuttal letter and try the HLR/Supplemental route before the BVA? I know the BVA stats are better but there is a chance the Veteran can win at one of the lower levels before going to wait in
    2 points
  45. You are total when you are when you reach 100%, I had to request permanent status a few years later and it was approved. Then I became Permanent and Total (100%)
    2 points
  46. is P&T like TDIU as respect to work? No P&T does not make it so you cannot work and still get the benefit. P&T is basically saying your conditions will not improve. can you be rated permanent and not total? I thought I saw this and I think you can, but normally it is P&T what process do i need to go through to get my claims rated permanent? I understand you need your doctor to say your condition/s will not improve or that they are Permanent and total i have some effective dates that are already "protected"(over the 10 year) but not as permanent
    2 points
  47. I guess we really did not answer your question so here we go. What happens to your claims on appeal if/when VA grants you TDIU or 100% scheduler? VA must still process these claims until they are withdrawn or rated positively or negatively. I was granted 100% scheduler about a decade ago, but I had a few claims in appeal and one claim went all the way to CAVC (Courts of Veteran Appeal). VA awarded me 100% scheduler and then called me and asked if I wanted to withdraw all my claims on appeal. I said I wanted the claims to be rated and I just recently won an un-adjudicated claim/appeal back t
    2 points
  48. Congrats, man. Long hard fight, but you got it! You still gonna talk to us non-100%-types?!!!
    2 points
  49. I was hacked 2 years ago. The VBA actually called me and told me it was hacked. They knew my banking information was changed and address was changed. They attempted to stop it before the new account was paid without success. I didn't get paid. I had to lock down my osd login that accessed my ebenefits account. This has additional ramifications. I was told I can't unlock my osd login because my ebenefits account could get hacked again. The only way I got paid was to get my congressional office involved. I got paid immediately then the next month I didn't get paid. This time VBA had all
    2 points
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