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Showing content with the highest reputation since 08/10/2018 in all areas

  1. 2 points
    It never hurts to try. I was awarded zero percent on my first go around. People told me I would never get more than this. I went to 50%. After I lost my job I was told I would never get TDIU which I did. I ended with 100% when my lawyer told me it would not happen. The VA does not make awards for persistence, I makes awards based on the evidence and the BVA recently seems much more focused on evidence these past few years.
  2. 2 points
    Do you mean a VARO letter or a Fast letter issued by VA Central? Do you have a copy of your C file? Did the BVA mention the 2007 TDIU claim at all? What is the last you heard from your VARO on the TDIU filed in 2007 ? If I were you I would order a Copy of the C file from your VARO, and also go to www.va.gov and click on Contact Us amd then click on Ask a Question, and you will be directed to IRIS_ follow their instructions and ask them for the status on that older TDIU claim . Ask for an email reply. Can you scan and attach here the letter as to the 2007 filing? Cover C file # and name prior to scanning it.
  3. 1 point
    Welcome aboard @BoatsFFG37 RM1 here - USN 1975-1997
  4. 1 point
    You have had to work in the 5 years prior to applying for SSDI. Exceptions I do not think exist. In other words, if you haven't worked in that last 5 years, you will not get SSDI. From what I know, Hamslice
  5. 1 point
    Great advice Broncovet! I dont think the doctor's entries would trigger a C & P exam but one never knows what the VA could pull.
  6. 1 point
    "When studying the appeal of the FTCA claim, I discovered "Petition to Appeal" Provisions to bypass the BVA and CAVC in the Federal Appeals Court Rules. " A FTCA claim has nothing to do with the ROs, BVA, or CAVC. If a Section 1151 claim was also filed for the same negigence/malpractice basis, the a successful FTCA settlement would garner a 1151 award- which is subject to offset due to the settlement with USA. A Section 1151 claim has all appellate rights, same as any other claim. https://www.law.cornell.edu/cfr/text/32/536.89 A FTCA claim, against the VA, if denied, can sometimes be reconsidered,if that request is timely ad with more evidence. If the tort claim remains denied , the recourse is to file in the appropriate Federal District Court, and the filings must be within the Court Rules ( every District court has rules ,that might be on their web site.) The difference is this- A FTCA claim is filed against USA . A VA Section 1151 is filed against the VA. My FTCA settlement states the VA OGC signed it but the settlement I agreed to was with the USA. My 1151 claim was filed with and awarded by the RO I got involved about 2 months with a malpractice law firm regarding malpractice at Fayetteville, Ar. I posted a comment to a news story on one of their clients who got a VA letter saying he might have been malpracticed on. The story is being hushed up by the Deep State VA- so far 7 misdiagnosed vets and 3 potential veteran's deaths were all caused by the same VA doctor. one of the malpractice lawyers called me up when he read my comment and we talked for almost an hour.They have a great malpractice record but had not seen anything like this Fayetteville situation before. There were a few things they had to consider ( since then our former Radio show tech's surviving spouse also got in touch with them)and I rattled off my three concerns. The lawyer thought I was a lawyer-I am only a pro se lawyer-a successful pro se lawyer-and one of my concerns was would this possibly go Class Action. He said the firm had just discussed that, the same day before he called me. Class Action cases are Very difficult to certify. But out of over 20,000 vet medical records , they found 7 midiagosed vets in the first 900 stacks they looked at-it is as likely as not- this sane doctor messed up more vets as well. They can establish a class with the names of and medical records of all malpractised veterans.It involves the premise of commonality-such as the Class Action Nehmer cases. But they needed the doctor's name- VA would not release it under Hippa. I found out who it was an emailed them the name. Class Action involves commonality: In this case, all affected would be 1.veterans or surviving spouses of veterans, 2. all would have had their pathology reports prepared by the same VA doctor. 3.all would have been found to have been misdiagnosed or dead on the basis of the pathology reports. The problem with "all' is, the town hall meeting the director had when over 20,000 vets had gotten letters to the affect they might have been misdiagnosed, is that the place was full of malpractice lawyers and no one knows yet how many SF 95s have already been filed-or if the lawyers have all considered Class Action. And VA has not publicly stated ( the medical review will take months more) how many ,in total , will be "all" Nehmer # 1 is a good example of a class action case.
  7. 1 point
    "Equitable tolling is to be applied only when circumstances preclude a timely filing despite the exercise of due diligence, such as (1) a mental illness rendering one incapable of handling one's own affairs or other extraordinary circumstances beyond one's control, (2) reliance on the incorrect statement of a VA official, or (3) a misfiling at the regional office or the Board. Bove v. Shinseki, 25 Vet. App. 136, 140 (2011) (per curiam order). This is consistent with guidance provided by the Supreme Court. Irwin v. Dep't of Veterans Affairs, 498 U.S. 89, 96 (1990) (equitable tolling is allowed in situations where the claimant has actively pursued his/her judicial remedies, but the principles of equitable tolling do not extend to what is at best a garden variety claim of excusable neglect). Equitable tolling may also be appropriate in extraordinary circumstances. The Veterans Court has recognized a three-part test to determine whether extraordinary circumstances justify equitable tolling: (1) the extraordinary circumstance must be beyond the veteran's control, (2) the veteran must demonstrate that the untimely filing was a direct result of the extraordinary circumstances, and (3) the veteran must exercise due diligence in preserving his or her appellate rights, meaning that a reasonably diligent person, under the same circumstances, would not have filed his or her appeal within the appeal period. McCreary v. Nicholson, 19 Vet. App. 324 (2005). https://www.va.gov/vetapp16/files6/1645207.txt It works for some vets but not for many others. https://www.va.gov/vetapp18/files3/1814058.txt https://www.va.gov/vetapp18/files6/18114313.txt You have a VA claim and BCMR claim pending- I would wait until you get the decisions because the standard for Equitable Relief is so high.
  8. 1 point
    As a follow-on, On 10 Aug 18, I received my official notification from the VA Regional Office affirming my rating increase from 0% to 60% for my disability (total disability increased from 70% to 90% effective 23 Nov 2010). The DFAS has to complete an CDRP audit to validate the amount of retroactive pay before I see any of it. I believe my 90% disability pay may increase before DFAS completes their audit. Am told DFAS targets 60-90 days to complete their audit.
  9. 1 point
    My Status for my Claim recently moved from preparation for decision, to Pending decision approval. Is this a good thing? Its nice to see the word approval.
  10. 1 point
    I had to appeal to the 10th. Have two positive orders to the VA and U S ATTY from the 10th. Working hard on my Pro Se Brief. Will keep you all posted.
  11. 1 point
    This is Wondeful news! If the EED for P & T covers some or all of the time in college, regarding your son , it is possible he could apply for a retroactive amount pf DEA(Chap 35) . I sure did but for a different reason and they paid the retro. If your daughter ( they both have to be in a VA approved college-most colleges are VA approved) your daughter should tie in with the college VA counselor as well as their Financial Aid department. My school (a military school) never had a Chapter 35er before and I was the only civilian in a degree program there- But in any event it still went OK- After my DEA entitlement date ran out I paid for the rest of my degree out of pocket- and then I was awarded a DIC for SC death that trumped my 1151 DIC and this gave me a new DEA entitlement date as well as the retroactive payment, when I asked for it ,with a claim that VA Edu handled.
  12. 1 point
    Much clearer, you are not IU Yet. Your MH Conditions that were Remanded must be re-examined and Rated by your RO. At that point, If you have filed an IU Claim Based on the "Inferred IU" notification, your IU Award can then be determined. These are the problems that are caused by limited BVA Decision information. Post a redacted copy of your BVA DOCKET Decision, let us do some interpretation for you.
  13. 1 point
    Once your Rated IU, the VA promotes you attempting to return to work. Not only would it be good for your Head but you may actually be able to come off the IU Rolls. This is the critical part, if you have Earned income above the SGI ($12,400 under 65) for (12 Consecutive Uninterrupted Months), you could find yourself up for a reduction back to your 90% Rate. If you have to take time off due to your IU Issues or your employer has to make Special Accommodations for your SC Disabilities, you're still good to go for IU. You don't have to go back to a job that was giving you grief, try your hand at something else. I was IU for 4 yrs, working part-time at my Self-Employment before I retired at the end of 15. A few mos later got an SC Bump for SA to 100%. Each year you're rated IU, (up to age 70) you are required to complete a VA 21-2140 within 60 days of your IU Anniversary Date, even if you don't receive it in the mail. Failure to complete and return can put you up for a reduction back to your 90%. Be very accurate and timely in your filing. Request Verification of Receipt, why take a chance. Semper Fi
  14. 1 point
    At my VA DRO "Informal" Hearing 06/14, the DRO & I were discussing IU qualifications, after he had advised me that he was awarding my IU from 12. He said that the VA gets a large number of IU Claims from Vets that are just out of work, on unemployment and/or are under employed. In general, none of these Vets meet the IU requirements, primarily being their SC precludes them from being capable of doing even Sedentary work that "COULD" provide earnings in excess of the VA SGI $12,400 if under 65 yr. That's $238.46 per week, $5.96 per hr for 40 hrs, an unlivable wage I'd say but that's the number. Is your MH SC for PTSD 70%? You could request that a VA Psychiatrist in your VMC MH Dept complete a PTSD DBQ. VA Directives back in 14, stipulated that your treating Psychiatrist or Psychologist PhD, couldn't complete the requested DBQ, they had to hand off your request to another Psychiatrist that was not involved with your MH treatment. VA realized a Vet could get pissed of at his Dr for a bad DBQ. Use your MHV Secure Msg to request the PTSD DBQ. Lastly and as far as I'm concerned, the most important thing you could and should do is, apply to the VA Vocational Rehabilitation Dept. In as little as 2 meetings, a Professional VA Employment Councilor could determine if you are "Currently" Unemployable and unable to do even Sedentary work, which would qualify you for an IU Rating. The VA Voc Rehab Denial Letter, submitted as N & M Evidence, got my DRO IU Award. Semper Fi
  15. 1 point
    I suggest going to drugs.com. They have a fantastic drug interactions checker that allows you to add all of your meds at once. Then it provides potential interaction warnings and why. Of course your provider/pharmacist is your first line of defense, but it still never hurts to be the best advocate for your own health and double check.
  16. 1 point
    I agree not all VSOs are bad. From my experience I can't say I've had a lot of good ones, but I have learned how to file claims myself with positive results rather than listen to the VSOs that have steered me totally wrong and deny it when I come back in the office with the documents they specifically told me to obtain. The only reason I am represented by a VSO is so that my documents can be supposedly tracked and sometimes I receive pending rating decisions prior to the final, but other than that I do everything else on my own with the help of this website and other vets. The two service organizations I have worked with in Baltimore MD the staff are rude to vets including the supervisor and do not listen or try to really help anyone with questions. Its more like you just drop off paperwork which they scan and that's pretty much it, which you can do yourself and save hrs of your day and gas.
  17. 1 point
    The Income/Employment Verification Letter just came back on-line in 2015. Got mine 7/15/15, my IU anniversary date was 06/29/14. The requirement of the Vet to supply the Verification form, was never suspended, the VA just stopped mailing them out for about 6+ years. If a Vet is 69+ he is no-longer required to file the form. If you haven't filed the form in years, and the VA hasn't jumped ugly, good for you. BUT, failure to file it, is grounds for the Rating Dept to propose a Reduction back to your Pre-IU SC Rating. The Form takes less than 10 min to complete, better safe than sorry. Many Vets think the T & P, No future Exams Scheduled, on their IU Award Letter, refers to the IU Award. It only refers to your Medical SC's, IU is never Permanent till the 20Yr Anniversary date. You show or it gets reported that you've had 12 consecutive months of above SGI level earned income, you'll be up for an IU Reduction. Semper Fi
  18. 1 point
    You really have to take control of your own claim, I've got a DAV VSO for the last 3 yrs, you call the office she won't answer or even call you back, the only way I've been able to talk to her, is by setting up an appt, and then she sits there and talks like she knows everything and she doesn't know anything. Two years ago she went to a videoconference hearing with me to the BVA, her performance to BVA was terrible, and she did a poor job of preparing or informing me on what questions may be ask. Thank God I'm a quick thinker, and I simply took control of my hearing, because she was a mess.
  19. 1 point
    the problem with VSO's is that there is no incentive for doing a good job, this is how the free market works. These guys are not volunteers, this is a job. While many may be motivated to help their fellow vets, for a chunk its also a job. A job where they have no incentive to do it well. That why i would prefer a good lawyer. I know there are bad lawyers out there who dont know much about VA law and regs, etc. However I feel that this would be a better solution. VFW/DAV/ETC has VSO's not as reps, but as just information folks, they run seminars for vets to teach them how to read the 38 CFR for themselves, they assist them in how to fill out these forms, basically be information people. focus on that instead of filing and talking to VSR's. Then each organization can have actual lawyer like claims agents that get say 10% of the retro as a financial incentive to win and to push for a higher rating. I bet that if that VSO was to say get paid like a waiter/salesman, extremely low hourly wage but work mostly off commissions they would not be just scrawling "he dun gots the mental ouchies" on your sheet and calling it a day. I do recognize most of these guys are overworked. Shit though its the 21st century, you dont even need these guys locally. The VFW/DAV/AMVETS/ETC should just have a central hub St. Lous, DC, wherever. of 150 folks like this and then in each VSO office at the VA have 1 person to greet and show vets to a room with a VTC line to Skype call with a agent centrally located.
  20. 1 point
    Yeppers - it goes real fast.
  21. 1 point
  22. 1 point
    Hmm so if my hospital bill is say 3k try and see if I can get it paid off for like 1.5??
  23. 1 point
    LOL. All is well the backpay is more than enough to take care of the bills/debt
  24. 1 point
    I personally don't believe anything eBenefits says when it comes to the projected dates work will be accomplished. In my experience as well as most others here, those dates are completely spurious and based on a system guess when specific gates are hit within their automated system. If you're watching a "claim" within eBenefits, you're likely retired military and had to wait for DFAS to complete the pay audit before the VA will then redo its own pay math then pay you when that calculation is complete and approved. The problem is that the same people who rate and approve claims are the same people who calculate and approve retro payments. As one VSO told me once, their priority is paying the veteran something each month, then they get around to paying retro as the opportunity presents itself. It can be a long wait. Keep an eye on the payment history in eBenefits. That should give you an idea if money has actually been queued up once the claim closes. Mine hit pretty fast once the process finally completed.
  25. 1 point
    Gee-when my husband was in the PTSD inhouse program, they handled the temp comp claim right there at the VAMC. It took just a few months for the check to arrive. I think they will definitely give you 2 months temp 100% comp- and perhaps more- hard to say- "I'm probably just gonna get 70%" possibly--- because you are still employed. The temp comp is paid at the 100% rate -someone here will know the exact amount and it should include extra for any dependents. "I know some of the vets I went into the program with looked very confused when I mentioned the temp 100%. This is a tragedy. But that's why vets help vets. " That is awful!!!!! Only one vet who was in the same inhouse program with my husband didnt get any 100% temp comp. The vets at the inhouse program as well as the VA doubted his stressor story.My husband (combat USMC Vietnam)had to wait months to even get into the program but this vet somehow got in right away and he was not even diagnosed with SC PTSD. I am appalled to learn that the VA is not handing the temp comp claims as part of this program anymore.
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