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ketchup56
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Posts posted by ketchup56
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I second asknod's response. I'm in the same situation with my earlier pending claim. ...
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Keep the faith. .Do not give up on this. ...Stay on hadit and learn and continue to ask questions of what you don't understand..
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Bva does not close appeals. If your files were at bva you would have received notification from varo and bva acknowledging transfer and receipt of files. Returning files to the vamc is a generic statement. My quess on this is that your claim was given a second look before transfer to bva and awarded by your varo and claim is now closed. Call Peggy and ask for the current location of your c-file. If at the varo, I can bet your last nickel that it never left there. JMHO.
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Yes...I requested a status update on 29 December finally got a bs response yesterday 22 January. I requested status from my local varo oakland ca.recieved message back from national center C.Boyd as signature....What a joke ebenefits iris. ...
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I was awarded tdiu and went to the vamc dental clinic and made an appointment with no problems.My first appointment went well with my dentist in where I was told that I had a choice between dentures or implants due to good bone.You do have a choice in which you choose so don't let them feed you b.s.....
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Read Buchanan v Nicholson and get your buddy statements into evidence. Vba must address these lay statements as evidence. Don't give up on this. ....
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This claim is already ripe for piecemeal adjudication.
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If you're over 55 years old, and retro'd to 2009 for tdiu you should be automatically p/t. Over 5 years of tdiu your disability is considered stable therefore automatically qualifying you for permanent and total with all the perks that come with this rating. 38cfr.
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Way to hang in there sandman. I personally know how the stress can wear you down, but try to relax now and continue the fight for p/t....Congratulations
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Congratulation and well done.Make sure you stay on top of your deferred issues with your claim as sometimes vba can forget about you...Again congratulations.
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Sorry don't know how I screwed Broncos reply up so badly above.
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Dont forget the "other" part of you effective date:
Generally your effective date is the later of the date you applied, or FACTS FOUND, which means the date the doc says you were disabled.
You will need medical evidence you had the malady back in 83. No medical evidence = no benefits. Of course, I dont know about your 83 medical evidence or the symptoms thereof. As ASK nod suggested this may be a Fenderson "staged" rating. Thus if you are 100% now, it may be tough to show you were 100 percent in 1983, especially if you worked full time back then.
I never quite figured out why the VA did not give ASK nod some sort of a Fenderson staged rating, but I guess we arent looking that "gift horse" in the mouth. You're right on most points here except remember this already won claim has already been established by the bva as being aggravated by military service therefore an increase in severity has already been established. Now that it has been rated, this rating must go back to 1983 (70%) up until 2009 when I became unemployable (100%)as previously stated above. Fenderson ratings are NOT MANDATORY and medical evidence is not always needed but helps.I won this claim based on benefit of doubt theory.Remember all my records were destroyed by the varo in 1983.Also remember that this claim must be adjudicated as if it occurred in 1983.What im looking for is the 70% rating from 1983 up until 2009 when i finally became to disabled to continue working.Again remember this is still an unadjudicated claim from 1983 including the ratings given until I (not va) say it's final.
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Vba not only played dumb on the earlier effective date for service connection from 1983, they also did not apply 4.16 (b) by not submitting tdiu claim to the director of comp and pension for consideration of extrascdular consideration when there was clear evidence of unemployability dating back an extra year from THEIR OWN effective date of tdiu. I have already submitted nods on both effective date claims.. Oh btw asknod I did end up a the new car sales showroom.So the fight continues..
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C&P back/radiculpathy exam is scheduled for next week with occupational medicine doctor.Also for tdiu.I am on SSA disability for my back, PCP says unemployable,vocational specialist with SSA says skills not transferrable to sedentary work.Is this the same type examiners used for SSA exam.This claim was recently awarded s/c by bva and tdiu was remanded for. current functional/industrial assement of disability (intertwined claim). Not sure what to think about this ......
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Great fine.....I also was just awarded s/c for aggravation.Took all the way to BVA for the varo to understand "clear and unmistakable evidence"standard. They get beat 9 out of 10 in these type cases.
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Yes this is my case but I'm looking for input from recent awarded decision from this remand.Date of decision was 22 May 2014 same docket no.same judge. Really looking for input from hadit on if I can construe if judge was maybe saying I had early effective date of 1983 unadjudicated claim???
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Bva finally posted my appeal in their decision index Docket No.12-05 464...I don't have the equipment to scan this to this thread but was wondering if someone could post this decision to this thread??? I'm trying to get different opinions on whether the judge as indicating on if this claim should have a effective date of claim of Jan 1983? He stated I failed to report for exam which is not true.Vba never notified me,and nothing in my c file that they did either. I have plenty evidence for tdiu remand,on. Ssdi since 2009 for deg disc disease...
Bva decisions rch.index citation nr.1423398. In advance thanks
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Do not listen to that little birdie.......You need to really stay the course as asknod above has described..... In the meantime you need to get in touch with va hud-vash social worker for your housing situation at your vamc....I see you deal with the infamous Oakland varo,so I know what you're dealing with.......Send me a personal pm, I might be able to give you some contact info for your housing situation..... HUD vash helped me........
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Way to hang in there.......Now relax and enjoy....
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That deemed denied crap was further struck down in later rulings.If you pull up on Google "The Evolution of the Pending Claim Doctrine"by J.Russell it will explain in detail your case. As far as that mandate they are referring to it might be pertaining to Fast Letter FL13-10 Unadjudicated claims found. Good Luck......
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If he is homeless or on the verge of being homeless get him in the hud-vash program as they can help with housing, food,medical care and help with qualifying for at least SSI..... Start at his local va medical center social work office....SSD will trump va pension
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Well fellow veterans,my claim was awarded by bva veteran law judge Alan s.Peevey and in his decision he noted that 1983 claim as relevent to current award of service connection.So that part(eed)is now ripe for VBA to do the right thing,but will they?I DOUBT IT knowing how they operate. The tdiu was remanded for a CURRENT ortho exam only.File is currently at the Oakland RO for rating and exam.I'm still trying to figure out how to scan this decision, I feel this is an important decision because it was granted without st's but with COMPETENTand CREDIBLE LAY evidence.
Will Va Wait For Ssa Disability
in TDIU Unemployability Claims
Posted
An 60% rating for coronary heart disease alone qualifies as an single disability therefore making you eligible for tdiu. This is if indeed your disability has an effect on your ability to work. ..