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MPsgt

First Class Petty Officer
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MPsgt last won the day on August 20 2018

MPsgt had the most liked content!

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72 Excellent

About MPsgt

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday March 19

Contact Methods

  • Website URL
    http://www.americanlegionpost12.org

Profile Information

  • Location
    Kentucky

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Army
  • Hobby
    Hadit.com

Recent Profile Visitors

1,055 profile views
  1. Also, if you complete VR&E. You’ll likely be expected to return to work. AF retirement+Federal retirement+100P&T= find something else worth doing with your time. The VA and service organizations could use your talents. Congratulations too!!
  2. Kudos for bettering yourself. However, It’s a fact. When you complete VOC Rehab? They VA will deem you employable. You WILL lose your TDIU. I think you could argue the rental property issue, but that’s out of my lane.
  3. I wouldn’t pay a lawyer for something you and a good service Officer can do for free. You’ve got a lot of options, but going it alone is a bad one. If you’ve got issues after a surgery by the VA look into the possibility of filing an 1151 Claim. It may be wise for legal counsel on that approach. Discuss it with a service officer first and any recommendation she/he may have. TDIU you can not be working if you file. Filing for SS is an option too. Their standards are different for rating conditions and based on your length of work history. A medical option by a VA doctor is the best option. She/he must state in the option that your condition is due to or more likely than not due to your d/x disability. Maybe even permanent and total in nature. Again, this needs to be an MD.
  4. Thanks, and no I'm strictly a volunteering VSO and hold not accreditation. There is an assigned DSO (accredited) and he/she holds the POA. The Veteran did want me to ask. I asked on this forum due in large part to the vast experience. Sometimes a DSO doesn't go into greater detail about individual claims. I've been a VSO for a little over eights years and my name has never been associated with any on those claims. Again, thanks for the expressing cautions.
  5. No, The Veteran isn't computer savvy. I'm in the process of getting him an Ebenefits and myhealthyvet account. He's my neighbor and needs a lot of help with navigating the VA. I've done several thousand claims but, this is one of a hand full I'm handling personally. I think the NOD will be solid and will be favorable with a couple IMO's. His wife is doing most the work. I believe the Sleep Apnea, Petit Mal Seizures, and Graves Disease can be favorable with private records and VA IMO's. I appreciate the assistance and try to keep you posted about the outcome(s).
  6. Good Info and refer to t-bird for Veterans decision letter.
  7. Medical Record (Naval).pdf Decision Letter.pdf
  8. I've got an Honorably discharged (non-combat) Veteran from the Navy for an undiagnosed sleep disorder. The VA has rated him 0% for Narcolepsy. In my research, and through my understanding. IAW 38 CFR 4.124a, 8108 Narcolepsy rate as for 8911 Epilepsy, petit mal. Since the VA acknowledges Narcolepsy, shouldn't they confer 8911 Epilepsy, Petit mal to determine his rating above 0%? By meeting the definition, Epilepsy, petit mal of more than 10 minor seizures weekly. Shouldn't the VA have rated him at least 80% for Narcolepsy that's uncontrolled by medication? I'm unsure if the VA even acknowledges or treats his petit mal seizures in association with the Narcolepsy. I'm ready to submit a NOD based on this information but, I'd like further and more experienced guidance, before doing so.
  9. It took 3 months from my receiving of the “brown envelope.” It could longer or shorter depending on the size of the retro payment. A lot of signatures and reviews are required before a payment is deposited.
  10. I assume your husband died 4 and half years ago? Of what did he die? How long have you received a “Pension?” What amount is the “Pension?” Are you familiar with DIC? What’s annotated on his Death Certificate as to the cause of death? Was your husband in the Navy and if so, did he ever go into Vietnam at least once? Meaning his boots touched the soil in the Republic of Vietnam. If Navy was the Service was he always blue water or a combination of blue and brown water? This makes a difference, too.
  11. Go to VA. Gov search: 38 CFR Book C, sec. 4.125-4.130
  12. Time is always a real or even determental issue in dealing with SSA. I got a buddy 100% P&T via VA and repeatedly denied SSDI during that time. No attorney will take his claim due in large to delay/denial coming from his past legal representation and SSA. He has been unable to work via VA for ten years but, SSA said he doesn’t have a work history the past ten years. Therefore, he’s ineligible for his SSDI. I believe it was Hamslice that put a lot of accurate info out. The SSA is looking for the severity of your disability, age (whether you believe it or not), your level of education, if you can go back to college, previous wages, if you can work making what you made before becoming to disabled to work, if you worked in private/State/Federal sector, and whether or not you’re”like-able.” The last isn’t funny but, you’ve gotta insert humor to cover the anger.
  13. The amount of your SSDI is based solely on the amount you’ve paid into it throughout your working life. It can increase with dependents under the age of 18 and the amount does top out. Unless, you’ve got and caring for a disabled child. First, you’ve paid into your SS and earned a certain amount of SSDI. This can’t be taken away unless you’ve defrauded the Government. Second, I seriously doubt a favorably adjudicated lawsuit would impact your SS. Also, the VA and SSA have different criteria for rating a Veteran disabled. The VA has different “levels” of disability and SSA is technically all or nothing. Should anyone receive SSDI benefits. Their SSDI case will be reviewed every one, three, and seven years. Depending on SSA assumptions that anyone of those individual disabilities could improve. Now, if the SSA notes that you can still work and earn a reasonable wage/salary. They’ll deny your claim for SSDI. Regardless, of what the VA has determined. Finally, to increase the likelihood of a favorably adjudicate SSA decision. You need to prove to SSA your disabilities render you totally unable to work. The VA decision helps but, remember each agency has its own determining criteria. Ex. you’re rated 100% P&T via VA for complete paralysis and you then file for your SSDI for the SAME disability. Remember too, VA recognizes PTSD i.e. anxiety, and depression. The SSA only recognizes MH disability (anxiety). The SSA MH code for anxiety is 12.06. PTSD and anxiety can be severe to enough render you unable to work or operate in public.
  14. A VA PA's medical opinion would be a good second choice. Especially, if he/she is prescribing MH medications. Mine is a VA Psychiatrist and had prescribed my medications for five years. Before, I finally asked him for my medical opinion. He has now been treating me over the last 8 years. I use to visit him quarterly and now biannually. I couldn't have asked for a better VA doctor. Nobody can stop a favorable decision if your VA prescribing doctor annotates unemployability into your VA medical records. Plus, once that statement is entered into your VA medical files. Simply, use myhealtyvet to access your records and print a hard copy of that statement for your records. The myhealthyvet blue button lets you review your records for accuracy 24/7. Trust me you'll always need to review your VA medical records for accuracy. I speak from personal experience. Don't wait until later. Start this path like yesterday and Good Luck, Chief!
  15. When do you see your psychiatrist again? Ideally, the VA psychiatrist would be the best for the medical opinion. “Due to the severity of your SC disabilities/MH issues.” “The Veteran is 50% more likely than not, unable to maintain gainful employment.” Even better if the doctor further states, “the condition is permanently and totally debilitating.” It may not be what you want to here but, I’d bet your decision. Will stay static if you don’t get this medical opinion.
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