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K9MAL
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Posts posted by K9MAL
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Personally, I would pony up and get a hired gun. My opinion is based on 3 worthless VSOs from 2 different organizations.
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I'm doing a little research on whether the VA will cover testosterone replacement therapy in veterans and to what degree. I searched for a thread and didn't see anything relevant for the past couple of years. Please feel free to add to this thread if you're currently prescribed TRT or interested in the topic. A few opening questions:
Are there are vets here who currently are receiving treatment?
Was it prescribed by your primary physician, an endocrinologist, or a urologist?
What form of testosterone do you receive i.e. gel, shots, etc.?
Do they offer HCG therapy, in addition to testosterone, for testicular atrophy?
Do they use Arimidex, to keep estrogen down in case of gynecomastia, or other high estradiol related issues?
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The VA dentist hooked me up with an appliance and I greatly prefer it over the CPAP! Not being tethered to that stupid machine is the best thing ever!
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Awesome news!
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The VA does this because of the mentality of Veterans not wanting to rock the boat. Not bitting the hand that feeds you. I say the hell with that mentality. Bite the hand and eat the rest. This process is ALL adversarial. If it wasn't there would be no need to go up the chain and reach the Supreme Court. Counting on people who have coffee with the very people your fighting is just not smart.
I couldn't agree with you more.
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Out of curiosity I decided to upload a 21-4138 after I mashed the get'er done button. And it worked... Not sure if they'll read it since it's after the "go button" date but I'll be sure to update afterwards.
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This morning it shows up as a 5103...
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I clicked it... Hopefully they'll let me know something soon.
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Ask the VA to make a decision on your claim as you have no more evidence to submit? Is that all it takes now. Hmmm.
I want to know what happens when you click on it.
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VA Fast Letter 13-13 is very informative for those who have questions about TDIU. Read the rest at the link:
Overview of Changes
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VA will no longer presume a claim for TDIU is a claim for increase in all service- connected disabilities. As part of a substantially complete application for TDIU, VA will require that the claimant with multiple service-connected disabilities specify at least one disability that he or she believes causes the unemployability.
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VA will consider the Veteran’s specification of the disabilities that he or she believes cause unemployability to be claims for increased evaluation for those conditions.
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VA will require the claimant complete and submit VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, to substantiate the claim of TDIU.
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VA will administratively deny TDIU claims if VA requests, but the Veteran does not submit, required forms or evidence.
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VA has the flexibility to request either condition-specific Disability Benefits Questionnaires (DBQs) or a general medical DBQ when VA determines that examinations are needed to decide the claim.
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VA will interpret the schedular requirements in 38 C.F.R. 4.16(a) to mean that a combined 70 percent rating is only required if no single disability is rated at 60 percent disabling.
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I saw that as well today and was wondering what would happen...
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K9: E Ben is OK but I really don't rely on it for accurate up to date info. When did you file for PTSD? I just read yesterday that a new VA FDC claim program went into effect. Any FDC filed in 2015, no matter what the issue, will be awarded Retro for 12 months prior to the filing of the FDC. Their giving you a Retro Bonus for using the FDC program.
As for checking your status with your VSO-Rep. I've personally found that in order to get the most up to date info regarding your claims or appeals, you actually need to contact your VSO's main office at your VARO. The reps out in satellite offices, even at the VA Med Ctrs, don't have the same computer access as their main office. Not that your going to get any earth shattering News, but they'll show VA Diary dates on your appeal. That didn't help me much, for over a year, kept telling me that diary dates had been missed. Finally I file A formal Request for a DRO Conference, to discuss evidence 02/14. Never heard back regarding that request. Early 05/14 got VA letter giving me a date of 06/27/14 for a Hearing. No information regarding was it pertaining to my 2010 NOD, 2012 NOD or the Request for the DRO Conference from 02/14. As it turns out, it was for only the 2010 NOD. But it worked out.
Semper Fi
Gastone
Never filed for PTSD. I went to my DRO hearing on several NOD contentions and it appears that they switched everything out to a new TDIU claim.
As much as I hate it I think I'm stuck in a "wait and see what happens" mode.
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Jumping in here late, but I'd be on the phone to your NSO faster than lightning asking for some sort of explanation, assuming that the VFW is actually representing you. This could be nothing more than some sort of administrative error within the RO that's showing up in eBenefits.
Too bad that new chat feature on eBenefits doesn't work yet...
I just fired them last week. The nicest way I can put it is that both VSO's I dealt with from the VFW sucked, and that's putting it mildly.
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Thanks to Gastone, several other posters, and a bit of research I'm going to let things roll with the IU. If it goes thru, great, and I continue school getting paid IU. If it doesn't, no harm, no foul I guess.
However, I don't like the fact that my NODs have disappeared from ebennies and the TDIU is listed as new with a date of 1/6/15. Does this mean the backpay is gone? Here's a screenshot of what I'm talking about. The original compensation and NOD is the comp dated 1/15/13.
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I wonder if a screen capture of the E-Bennie pages showing the relevant information (before it gets deleted) would be admissible.
When you upload documents it recommends that you take a screenshot for your records. I uploaded a few things and am not too worried about them disappearing. If they wanted to make paper documents disappear they've proven they can do that just as easily.
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Your issue is largely moot. Here is why:
If you are working, then you wont be awarded IU.
Also, since you are 80 percent and have sought an increase, there are two possibities
1. You get your increase to 100 percent schedular, and then IU will be moot.
2. You DONT get your increase to 100 percent schedular so, now:
A. If you do get awarded IU, then you can revoke it if you find work.
B. If you do not get awarded IU, then its moot.
I'm not working presently, only attending classes. One of the biggest things I'm confused about is do they look at the increase in percentages first (NOD), the inferred IU claim first, or is it in tandem? If they can award the IU claim do they just blow off looking at increasing the percentages to make it schedular?
I'm trying not to beat a dead horse but from Gastone's post it would appear that they can award IU and then the person can continue to fight for the increased percentages at the BVA level and beyond.
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K9: i just got around to chking your previous posts, sorry could have saved some time. When you reach a certain SC Scheduler rating you get an "Inferred Claim" notification from the VA Rating Dept. This is usually in the form of an additional page being added to your recent Award. Just because you receive this "Inferred Claim" notification doesn't indicate that you are actually "Individually Unemployable" at that particular time. You may or may not be. All the VA is indicating to you is that with your recent award you are eligible to file for IU if you are in fact "Individually Unemployable" per VA Criteria. That's why you must file the claim if you think your eligible for IU. I'll have to look back at the IU reg, but as I recall if you had multiple ratings with a combined total in excess of 70%, 1 had to be at least 40% to qualify for the Scheduler IU Filing. That's not to say the Rater wasn't discussing referring your claim for extra-scheduler IU rating to the Director of Comp & Pension. Only time will tell on that. You may not have to file anything. You have a shopping list of SC problems which any one may or may not make you IU but when taken as a whole, in my lay opinion, your pretty screwed up. Even for a Squid.
As to your ? regarding what happens to your NOD's if you get IU. I was just awarded IU 06/14 from DRO Hearing req 2010 & IU 2012. All major issues from both NODs awarded. However, there were (2) insignificant NOD Issues from 2010 that I knew would not be reversed. The DRO said I could proceed to the BVA on those if I chose to do so. I knew they were losers from jump back in 2010. So I signed a VA Withdrawal of NOD on those 2 issues, made the DRO Happy. He had already told me he was awarding all major $$ issues from both NODS, making me VERY HAPPY.
This was very helpful. Thank you!
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Gastone - The 2 NODs I have filed would bump one rating from 30% to 50% and another rating from 10% to 60% if everything works out right and that puts me at 100% schedular. I know it's a long shot and I know that it's highly unlikely but I do have the evidence that matches up with the CFR.
File the claim for IU, you either are or aren't IU, right. It will take at least 6 months for a Decision and your DRO Request and all other claims will continue.What I'm trying to understand is if the 2 work concurrently. If they decide IU is appropriate then do the 2 NODs simply just vanish? What about the associated backpay? Do they grant someone IU and then look to see if it's appropriate for them to have their NOD contentions looked at or is it just simply swept under the rug?
I'm buying the coffee when this is resolved. ;)
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I Never heard of a veteran turning down IU its so hard to get..
.but I suppose you can tell your RO what you told us that you want to stay in voc rehab and learn a good trade and work but you would like to file for increase on your current disability.
I don't think you can file NOD for IU if this claim has not been rated?
The reason why the RO DRO put in for IU is when you filed for increase on your current disability if it was 70% 80%currently then they have a duty to assist and giving you IU is a 100% rating using extra schdular they think that's is what your asking for to be rated 100% so they award the IU
to be rated 80% that is a highly rated disability that could prevent you from working.
This is just my opinion
Thank you for the explanation. The bolded part you wrote is right on point. I'd like to be rated correctly per VA regs, and be able to work as much as I'm able to, not what the VA deems is acceptable.
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Don't want to be labeled IU, Please. Are you currently gainfully Employed ($12,500+) earned income per year? Do your current SC conditions limit your ability to work? If yes to both your inferred as IU and probably qualify. Don't want it, don't send in claim, it's not automatic.
Even if you were awarded IU, the VA prays that you'll eventually fine a "Gainful Income Employment" at some time in the future. They even send you notification on your being eligible for the VA Vocational Rehab Program in an effort to find a job that you might be interested in and qualified for. Once you find a "GIE" job you must keep it for 12 months before your in a position to lose the IU rating and revert back to your SC Comp Rate.
Soooooooooo, as with all decisions regarding your claim, do your due diligence researching IU before you make a decision that you might regret in years to come.
Semper Fi
Gastone
So, if they bump me up to the IU rating what will happen to my existing NOD in terms of increasing the percentages? Do those still get adjudicated? Can I still take them to the BVA if I don't agree with the RO's decision to leave them at the current percentage?
If I take the IU, get a job after school, and start making decent money what percentage will I revert to? The current one or the one that I'm trying to get it raised to? It's not that simple from my perspective.
I'd love to be in school, Ch. 31 and getting 100% IU for the time being. It would help tremendously! However, how will the IU rating impact my ability to get 100% schedular?
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But if he did that, he will probably be denied on his increase he is wanting. so I take it he wants to work & not have IU. But an increase in his current disability's?
That's my concern. If they rate me as "IU" will they just blow off my NOD for an increase on the percentages of my current disability?
I'm trying to increase those to the appropriate amount, not just jump to IU, in hopes that I can still continue to work. If they rate me appropriately, as per the CFR and the evidence that's been presented by my doctors, then I'll be 100% schedular and the IU will be immaterial.
I'm tired of dicking around and the next step is to email Mrs. Hickey and Bob, again. This is what it says in it's place:
Appeal At Bva Stay With Vso Or Get Atty
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Why after a denial and not before at the BVA? Serious question, I don't know how it works, and that will be my next stop on my journey I'm afraid.