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kanewnut

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kanewnut last won the day on May 25

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About kanewnut

  • Rank
    E-6 Petty Officer 1st Class
  • Birthday October 6

Profile Information

  • Military Rank
    E5 Sergeant
  • Location
    Fort Bragg, NC

Previous Fields

  • Service Connected Disability
    90%
  • Branch of Service
    USA
  • Hobby
    fishing, riding my scooter

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  1. No. Yes. Yes, if you have had IU for less than 20 years and start earning more that the poverty threshold for one person. I did a search for M21-1 TDIU. You can read all about it there.
  2. I did some searching and found this - If you have an illness you believe is caused by contact with Agent Orange—and you don’t see it listed above You can still file a claim for disability compensation. You’ll need to: Provide scientific and medical evidence that the condition is related to exposure to Agent Orange, or Show that the problem started during—or got worse because of—your military service Scientific proof may include an article from a medical journal or a published research study. The asknod.org has 46 articles on AO. I think he is very knowledgeable about the affects of AO. You could check out his site and see if it helps you any.
  3. I submitted a letter with documentation for a CUE. The cheeseville intake center treated it as correspondence. I went through a royal mess with the VA getting my CUE accepted. I think they are trying to get veterans to send in their information on standard forms to make it a little.easier on the VA to identify what benefit we are requesting and allow it to be worked by anyone in the VA system. That said there is no standard form to submit a CUE on. I did a search for "va reconsideration form" . I found VA FORM 4107VHA. This just talks about your rights to appeal. I did a search for "va reconsideration". The first several things that come up are from lawyers. You might find what they have to say interesting. It doesn't appear that there is a VA form for reconsideration. When any paper work that you have sent to cheeseville is added to the VA system Peggy(1-800-827-1000) should be able to tell you that it is in your file. I think you need to appeal your decision. Your decision should discuss what you need to do for that.
  4. I went through the SSDI process over ten years ago. I have neck and back problems and major depression. The SSA denied me like they have you. They have an appeal process like the VA. I eventually had to get a lawyer. I didn’t have a letter from a doctor saying I was totally disabled. I didn’t get any reports from any vocational rehabilitation specialists. The SSA set me up with doctor appointments for examinations. None of these said I was totally disabled. I had a hearing before an administrative law judge. Based on the record and my testimony the judge found that I didn’t have the residual functional capacity to perform work tasks for the eight hour work day. I worked with a friend many years ago that used to work for the SSA in Raleigh, NC. He told me they had a policy of denying 90 percent of the claims. Not based on anything. So I would expect to get denied at first. A lawyer for going before the administrative law judge I think is a good idea. SSA is covered in 20 CFR. You can read a lot about it there. I am getting familiar with all of this again because the VA is denying me TDIU for over ten years now.
  5. They are probably contacting your prior employers to see why you left. Hopefully the employers know it was because of SCD's.
  6. I went to the BVA in 2016. I was represented by the DAV. I didn't have a copy of my c-file because DAV said not to request it that I would lose my place in line. So I didn't have a clue when I got there. I went up a day early and tried to talk about what was going on but the DAV rep wan't interested. During the hearing the DAV rep asked if my conditions had gotten worse. Never mentioned SSDI, neither did the judge. The judge was more interested in my headaches. I didn't know why until after I had gotten my c-file. A NP had screwed up a C&P exam showing nothing physically wrong with me, but that I was taking morphine for headaches. I was talking the morphine for my spine issues. Now I know that the issue of SSDI solely for SC mental issues should have been brought up during the hearing. IMO DAV is worthless and everyone needs to educate themselves about how VA operates. The judge may read through your file but that still may not benefit you.
  7. IMO you might want to type up what those hand written notes are saying. They can be a little difficult to read. I have a similar situation from when I was in. Mine are pretty hard to read. I have been working on typing up what they say that is important for my case. That might help the raters with seeing that your issue began in service.
  8. In my case I received a rating decision that is reducing a 40% back to 20% based on the latest C&P exam. It doesn't affect my overall 90% rate that I am paid at, but will make it harder to get 100% scheduler. The 40% was granted July 2016. I have had two C&P exams prior to this one that they used to reduce my rating. My 40% was continued by the other two C&P exams. Does this fall into what you are discussing about stopping the action and requesting a hearing?
  9. I don’t think you are following what I am trying to tell you. Do a search for m21-1 TDIU. You probably need to read the entire thing. You especially need to read the part about 2. Evaluating Evidence to Establish Entitlement to IU. Pay particular attention to the discussion about SSA and service connected. In VA speak your claim is not credible.
  10. I’m sorry, I thought you were in the AMA. Your decision should state how to file your appeal.
  11. I think you mean 20-0995. You are sending in additional evidence so this is it. Give ‘em hell while you have the energy!
  12. My situation has absolutely nothing to do with that. Non-service connected disabilities have nothing to do with VA ratings.
  13. As I am reading through my decision I noticed on page 3 of 8 it says - Prior employment or unemployment status is immaterial if your disabilities render you unemployable (specified under 38 CFR 3.340, 3.341, 3.343 and 4.16). We have denied individual unemployability for your lumbar spine, cervical spine, bilateral upper extremities, and adjustment disorder because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Additionally, the evidence of record does not show that you terminated your employment due to your service connected disabilities. They say unemployment status is immaterial but keep saying you didn't terminate employment due to SCD's. Makes no sense to me. They say the evidence does not show I am unable to secure or follow a substantially gainful occupation as a result of my SCD's. Does this mean that a SSA decision that I have a severe mental condition and can't work so I receive SSDI is valid evidence? Does this mean my VR&E report that says SCD's prevent employment and are permanent is not valid evidence?
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