Rattler

The Park one cost $10 for a lifetime card. I just got one.

The VA is required to maximize your benefits. For example, you file a claim for SC neuropathy on you right leg. In the process the VA find out that you have a back a SC back issue that is causing the neuropathy. The VA has a duty to maximize your benefits by seeing if you back condition is. 1. service connected. 2. If so, do the need to SC the condition as secondary to your back and rate the back.

It's ok to vent a little. First let me address the Remanded to RO. When the VA rated me for my PTSD. (It was on a remand) The decision letter from the BVA should list the reason why they are remanding it to the RO. (Someone did not answer the questions right. Or they need more information) In my case I did 2 C & P Exams and a third was requested for a independent medical opinion, (IMO) from the same doc. Maybe brokensoldger244 can add to this but I have been told by the VA if your claim fits certain criteria the system will automatedly request a C & P Exam. I don't know about the acracy to this I will see if I can get him to give some input hear. To answer your question about, "Fishing for someone to disagree with doctors who have been treating me since 2010 and the doc from last C&P so they can deny?" This does happen more than anyone admits to it. If you can catch them in it the following does apply. -VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 Vii..3.B.1.a). This prohibition was emphasized in a law review article published by the BVA: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L Rev. 94 (2009)). Even CAVC has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as obtaining additional evidence for that purpose" (Mariano v Frincipi, 17 Vet. App. 312 (2003)).

So, to answer your question the decision letters stated the following. 20 percent 20 percent 70 percent 50 percent 30 percent 10 percent This give you an actual combined value of your disability ratings is 95%. Round up to the nearest number it will equal to 100% Schedler rating regardless of if they have ratted you 100% UI T & P. Hadi.com has information on it hear. https://community.hadit.com/va-claims-and-benefits-information/va-disability-calculator-combined-ratings-explained-r4/ At va.gov they have a calculator where you can put the numbers in, and it will tell you your combined rating. https://www.va.gov/disability/about-disability-ratings/

When they remand a claim, it is for further development. This could be for some question that the BVA needs answered or an error in how the RO applied the law in your claim. the BVA may need an updated C&P exam because you stated you had one earlier. Did you get a letter from the BVA? It should state in it what the remand was for.

I think what pacmanx1 is trying to say is if the BVA did not rate you and they remained it to your RO the RO will be the one who does your rating.

This is not a matter of opinion. What pacmanx1 and broncovet stated are facts based on years of experience with their own VA claim and their experience here at Hadit.com. The fact is a lot has changed in the last 16 years. With the enactment of the AMA in 2019 and some of the newer regulations regarding exposure how the VA handles claims has changed,

A good post new thread on disability severance pay and how it works as it seems many people on here have questions about it. https://www.pebforum.com/threads/disability-severance-pay.98943/

pacmanx1 Until you posted that case I haven't seen the court use, "Buie states, The Court has held that the order in which disabilities are service connected is not relevant to VA’s determination of a claimant’s eligibility for special monthly compensation under 37 U.S.C. section 1114(s)." Or "If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011)." I can think of ways to use it in other cases. "the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities." Any Idea how it was amended? (as amended (Apr. 21, 2011).

Good Post Broncovet.

I have two versions of this Sworn Declaration. Along one and a short one. I am posting the long one and will add the short one when I find it. SWORN DECLARATION OF JOHN DOE (Long Form).pdf

38 CFR 4.16(B) does not always hold true, or the VA ignores it. In my case, they awarded me 70% PTSD and I had to go back and request the RO QUE itself because I filled VBA-21-8940-ARE -Unemployability. You and I know the VA never ignores anything in your file when it comes to your claim.

First, you have to go to va.gov and get a Benefits Summary Letter like the attached. Check all the boxes when it asks you what information you want on it. If you do, it will put the following language in the letter. service-connected disabilities: You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: You are considered to be totally and permanently disabled due solely to your service connected disabilities: The effective date of when you became totally and permanently disabled due to your November 24, 2017 My Redacted VA Benefits Summary Letter is attached below. I know it's confusing, and most state employees do not know how to read the letter so I highlight the part that says I am 100% disabled before I go in. Do not confuse the "Benefit Verification Letter," with the "Benefits Summary Letter." You are wasting your time trying to get the VA to change your percentage. They will not until you get to 100% scheduler. The last 10% and 20% are the hardest to get because it will take another 60% rating or a combination to push you over to 100% scheduler. Redacted VA Benefit Summary Letter.pdf

No its not. The VA awarded me TUDI T & P 100% with a single 70% PTDS rating.

Until I learned how to read the letters I did the same thing you just did. Read down to the part where they piss you off and get lost in that. If you could take a Sharpie and black out your personal information and post it here we can look at it and help you. brokensoldier244th works at the VA and is very good at reading between the lines with the letters, as am I, after 45 years. The VA is spose to tell you in the letter why did what they did. From what you posted and my own experience you have said, "TDIU based in part on their verbal garbage saying that TDIU is based on my 70% CNS and all my other disabilities." To get TDIU you have to have one rating of 60% (or more) and one rating of 40% or more. You stated, "But none of those are rated above 50%." So, if they rated you at 70% and 50%, you would qualify for TDIU. The only other question I have for you is, did they give you T & P with it? (Total & Permanent) They sometimes will give you T & P with TDIU. This will help you from getting reviewed.

It depends on how long you have held the rating. There is a 5, 10, and 20-year rule on reexam. See the article from hear at Hadit.com https://community.hadit.com/va-claims-and-benefits-information/5-10-20-rule-va-disability-rating-protection-r13/?tab=comments#comment-537768

Use this form to write it. VBA-21-10210-ARE-Lay-Witness-or-Statement in support of claim- (Ex 6-30-24).pdf

So I have three vets that I am working with that have the same problem. Heras the example from one of their denial letter. Keep in mind that I know there military medical records and when I tell you that it is in there it is in there. EVIDENCE • VA Form 21-0966, Intent To File A Claim For Compensation and/or Pension, or Survivors Pension and/or DIC, received November 28, 2023 • Toxic Exposure Memo - Sec. 1119 Covered Veteran, received December 3, 2022 • Persian Gulf Veteran Memo- Sec. 1117, received January 27, 2023 • VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received June 6, 2023 • VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received June 6, 2023 • Private Treatment Records, Multiple Entries, RMC Neurology, Jessica Vincent„ received June 15, 2023 • Private Treatment Records, Dr. Matthew R. West, received June 19, 2023 • VA Form 27-0820, Report of General Information, received June 28, 2023 • VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received August 30, 2023 • VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received September 26, 2023 • VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received September 26, 2023, for the period February 11, 2023 to September 26, 2023 • Service Personnel Records (VIS), received September 26, 2023 • VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received October 16, 2023 • TERA memo, received October 19, 2023 • ILER report, received October 19, 2023 • VAMC (Veterans Affairs Medical Center) treatment records, Atlanta, received October 19, 2023 • VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received October 19, 2023, for the period February 8, 2022 to October 18, 2023 • VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received October 20, 2023 • Disability Benefit Questionnaire (eye conditions), conducted November 22, 2023 • Disability Benefit Questionnaire (hearing), conducted November 22, 2023 • Disability Benefit Questionnaire (headaches), conducted November 30, 2023 • Disability Benefit Questionnaire (hand and finger), conducted November 30, 2023 • Disability Benefit Questionnaire (diabetes mellitus), conducted November 30, 2023• Disability Benefit Questionnaire (foot conditions), conducted November 30, 2023 • Disability Benefit Questionnaire (back), conducted November 30, 2023 • Disability Benefit Questionnaire (endocrine diseases), conducted November 30, 2023 • Disability Benefit Questionnaire (skin), conducted November 30, 2023 • Disability Benefit Questionnaire (neck), conducted November 30, 2023 • Disability Benefit Questionnaire (hypertension), conducted November 30, 2023 • Disability Benefit Questionnaire (hip and thigh), conducted November 30, 2023 • Disability Benefit Questionnaire (ENT), conducted November 30, 2023 • Disability Benefit Questionnaire (sleep apnea), conducted November 30, 2023 • Disability Benefit Questionnaire (male reproductive organ), conducted November 30, 2023 • Disability Benefit Questionnaire (heart conditions), conducted November 30, 2023 • Disability Benefit Questionnaire (gen med), conducted November 30, 2023 • Disability Benefit Questionnaire (peripheral nerves), conducted November 30, 2023 • Disability Benefit Questionnaire (scars), conducted November 30, 2023 • Disability Benefit Questionnaire (knee and lower leg), conducted November 30, 2023 • Disability Benefit Questionnaire (respiratory conditions), conducted November 30, 2023 • VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received December 12, 2023, for the period October 31, 2023 to December 8, 2023 INTRODUCTION The records reflect that you are a Veteran of the Gulf War Era and Peacetime. You served in the Air Force from September 23, 1981 to September 30, 1992. You filed a new claim for benefits that was received on June 6, 2023. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. (This Vet was a Aircraft Mechanic. He filed for 26 issues via VSO. ) 3. Service connection for Bilateral Eye Condition. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303) A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR (He got metal in his eye to the point he had to be sent to a specialist at the local ER to get it removed) This Veteran has had a server hart attack and stroke. He is limited to how he walks and use of one arm and hand. Further he had 7 eateries for high blood presser, 9 eateries for High Cholesterol, and one CORONARY ARTERY ,RISK EVALUATION in his military medical records. Hears what the VA said about it. 9. Service connection for Heart condition resulting in stroke and heart attack. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303) A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and 3) medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a TERA. We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and in-service TERA. (38 U.S.C. 1168, 38 CFR 3.303) Service connection for Heart condition resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304) Favorable Findings identified in this decision: You have been diagnosed with a disability. You were diagnosed with coronary artery disease and acute, subacute, or old myocardial infarction in 2023. Participation in a toxic exposure risk activity is conceded. Participation in a toxic exposure risk activity is conceded. Evidence shows that you performed service in Southwest Asia. 10. Service connection for hypertension resulting in stroke and heart attack. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303) A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and 3) medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a TERA. We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and in-service TERA. (38 U.S.C. 1168, 38 CFR 3.303) Service connection for hypertension resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304) Favorable Findings identified in this decision: You have been diagnosed with a disability. You were diagnosed with hypertension in 2021. Participation in a toxic exposure risk activity is conceded. Evidence shows that you performed service in Southwest Asia. Most all of the denials are the same. "The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition." "Service connection for hypertension resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)" Really 7 eateries for high blood presser, 9 eateries for High Cholesterol, and one CORONARY ARTERY ,RISK EVALUATION in his military medical records in 20 years? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The Vet above has filled out the VA release forms for his medical records on his docs and the keep asking for more of the same from the same docs. That is why I recommend that you get your own records from you docs and pick only the ones that show you have the current condition you are claiming. What you are doing is "handing them a hay stack and telling them to find the needle in it." I and other have also had the VA not use the records that shows you have what you say you have and use other stuff in there that have nothing to do with the problem.

I would point out just because you have been PACT ACT screened DOES NOT MEAN YOU ARE SERVICE CONNECTED. You can only get service connected if you file a claim for it. The screening is to only identify if you might have one of the PACT ACT issues,

We have created a forum area to upload document examples of VA Forms, Nexus letters, IMO's etc. I have a ton of them that I have collected over the years. I will be posting them as I go through them. If you have something you are looking for I may have it PM me. VA Forms and Template Repository

NEXUS SAMPLES NEXUS SAMPLE #2.pdf NEXUS SAMPLE.PDF

It is my intention for this section of the forum to be a depository for useful examples of letters and VA forms to use in helping you with your claim. Some of them Will be pre-filled with suggested language and case law. Please DO NOT download them and expect to just file the pre-filled ones in your claim. You will need to edit them with your information. Anything you use hear is NOT to be construed as good legal advice from a confident VA attorney.

My guess you are in a senior moment. Great answer broncovet.

Years ago before I knew better "they ask for the first born child." As I have none they were SOL. They wouldn't accept any of the cat's.

I have saw that one before. It's one of the best ones I have seen of the song. The back up music is so good to his song.