Rattler

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. 

Humm. I think I got screwed on my right knee replacement %. (30% right after replacement, 10% left that is as bad as the right pre replacement.) So the question is what are you ratted at for your PTSD? Are you a 100% scheduler P & T or 100% P & T UI. Depending on what your PTSD is you should be close  to getting a 100% scheduler rating that doesn't have the restriction of a UI. The new ratting you are seeking should put you over to a 100% scheduler.

Welcome to Hadit.com
Can you list what you are ratted for and the percentages. It will help us point you in the right direction. You are not correct in that adding to your 100% P & T will not get you any more $$$. You may qualify for SMC and other benefits depending on how the percentages are. 
 

I agree with john999. I would not give them anything that shows you running or exercising with a brace. I can almost guarantee that that VA will look at it and eater lowball your claim or deny it because the treatment you were getting at the time fix the problem. Hears what you need to look at.
Can you tell us what you were medically retired with? (list all of it.) The more information we have the better we can help.
1. Is there a in service medical record of you injuring your knee?
2. Have you been treated by the VA for your knee injury that you are claiming? 
3. It appears that you are treated for your chondromalacia / osteoarthritis by a non VA doc. This is very common condition as we age. (and abuse our knees) The question is will your doc write a Nexis letter saying it is more likely than not Grater than 50% that you R or L  knee chondromalacia / osteoarthritis was caused by your (Marching, combat boots, running in combat boots, or working on???) Your Nexis letter will have to state how you got injured. How it has worsened over time. And have to state;  "it is more likely than not Grater than 50% that you knee chondromalacia / osteoarthritis was caused by you service."
4. You will need a Disability Benefits Questioner, (DBQ) for a minimum of your knee. (maybe more than one) Most docs don't like to fill them out DBQ's because they are complicated and take to much time.
You might be able to secondary SC it to one of the reasons you were medically retired for.
 

So wait and see what the decision is you may be worried about nothing. Some of the time there is enough in your file to make a decision with out the x-rays. The first MH C & P exam I did I don't think the Doc ever looked at any my medical records. 

radarguy
Can please resubmit the Veterans_User_Guide_BTSSS_20200622. It isn't downloadable or viewable. I would like to read it as I have a verry sick Vet that the VA is giving crap to about his travel.
 

Welcome to Hadit.com Larry.
So a few questions. Do you have any records, Medical, than or current  that date back to 68 that diagnosis you with PTSD?  Or an other mental health issue?
We would also need to see your award letter. Is there anyway you can take a sharpie and mark out your Name, address, social security/service number and post it hear for review?
I don't understand the question. "Do I have the right to get involved in a legal firm that handles such cases? The answer is yes you need to be involved with the law firm if you are represented my them.
I don't think you are to that point yet.

Fixing to send one in. Look for a future post by me on the VA's new / old trick of not outright denying a claim but sending you a letter without a direct denial or giving the M21 or 38 CFR reasons for the denial. 

I am not going to go very deep into to this as it is a dead issues with me. Berta was a contributor to this site for a long time. A lot of her advice was spot on that is why most of her post are still hear. (see below, Berta Post) broncovet posted an excellent on on CUE claims with links to her post.
https://community.hadit.com/topic/91500-some-facts-and-reference-on-cue-clear-unmistakable-error/comment-537648&gsc.tab=0
Berta was banned for threatening to file a lawsuit against Hadit, and Tbird. She also did the same thing to other sites. (And file a complaint with the OIG. Something you can't due with non-government sites.)
Berta will never be back on this site. So don't ask. I will shut the site down before that happens. That may be what she was trying for all along as she could not control what others did hear. This forum is dedicated to you the veteran and their families. 
If you want to read Berta posts go to this link that can be found under the find My Active Streams, Berta's Post. 
https://community.hadit.com/discover/86/#gsc.tab=0
 
 

namvet6567
Can you post something like Dustoff1970 did regarding your claim status?
Thanks Dustoff1970 for you post.

We are going to change the VA's moto to "Negare Donec Moriaris." (deny until you die)

Depending on what you are trying to do, increase, increase due to new medical evidence.  You are wrong in your statement, "I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened." If your condition has worsened. (and it sounds like it has) You will have to submit new evidence to prove your claim. If you leave it up to the VA they will not just go out and find it. Your best bet is to get your private treatment records go through them and ONLY SUBMIT the documentation that shows it has worsened. 
 

So my suggestion is what exactly do you want to file for PTSD or an increases of your other benefits? I am assuming PTSD as you mention it in you first post. Let some of us ask you questions and suggest what forms you should use. For starters You should go to http://va.gov get an account if you don't already have one and file an intent to file say for PTSD. This will save your effective date as the date you filed your intent to file.
Go to https://secure.login.gov/ Set up your login. (This is the easiest one.)
When it comes to PTSD there are other forms that you will need to file that we can walk you through. And what documents to give them and how to get them from the VA website.
 
 

I found this on NVLSP site. Sounds like its right up your alley.
 Godsey v. Wilkie
On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified its first class action. The case, styled Godsey v. Wilkie, was a petition for extraordinary relief brought by Covington & Burling LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of veterans James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, Pamela Whitfield. It sought relief for all similarly situated VA benefits claimants who have filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and since have suffered extended delays waiting for VA to begin moving their appeals forward in a process called “certification.”
The CAVC partially granted the petition in the same order that it certified the class action, concluding that 18-month or longer VA delays to begin that process are “per se unreasonable.” “Such delays are particularly intolerable,” the Court stated, “because they consist of nothing but waiting in line: ... no action whatsoever on the part of VA” while the veterans have continued to wait.
The National Veterans Legal Services Program (NVLSP) represents some of the veterans whose VA appeals have been delayed for a long time in the recently certified Godsey Class Action. In order to help us determine if you are covered by this Class Action, please complete this form.
Other Class Actions can be found hear.
 
https://www.nvlsp.org/what-we-do/class-actions/
 
 

As someone who has been waiting over three years for the Office of General Counsel to approve my application for a claims agent. I can tell you that you can only have one POA at a time. If you file a new POA it will cancel out the other. 

Dustoff1970
You can no longer write it on peace of paper. With the new AMA you have to file it on an approved form. I have been going through it with the VA since the beginning of 2023. They will close out the claim and send you a letter that you need to use the "proper form XX-XXXX." You will either have to use the wrong from that they suggest or prove you are using the right form like I did. (They finally rated me on the correct from that I sent them after 6 tries an 4 calls to the WH hotline.)
Ahhhh for the old days pre AMA.

Hears the form below. 
Go to http://va.gov and get a login if you don't have one.
You will have to register at https://secure.login.gov/sign_up/enter_email to get an account.
You can upload your evidence at http://access.va.gov its much faster than the mail and you will get a email receipt that you should keep for your records.
VBA-21-10210-ARE-Lay-Witness-or-Statement in support of claim- (Ex 6-30-24).pdf

Me either. My VA C-File as of 8-19-22 is 3909 pages. I can bet yours in more Dustoff1970. 
I PM'ed brokensolder244th and ask him to look at this thread.

Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this. 
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
https://secure.login.gov/sign_up/enter_email
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions. 
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com
 
 

"I can go ask a VSO, even if I am not using them to file a claim?" 
The answer is no. You will have to sign up with the VSO for them to view your records in VBMS. And my advices is chose on a VSO wisly. They can make or break your claim. 
The VA RO my not have them. You may have to request them from the duty station where it was created. 

Ok so I have to ask the question to the both of you. When was the last time either of you filed a HLR or supplemental claim?
My last my  CUE / HLR took 3 weeks. My supplemental claim in January 2023 took less than 120 days. That beats the 2 years with the current PACT ACT backlog at the BVA.

So coming from someone who is fixing to age out of SSDI and go on SS her is my advice on the "Ticket to Work."
Run hard and fast the other direction. In my option the "Ticket to Work," is just a scam to get you off SSDI. I depend on how the Social Security Administration has disabled you and your age. If you are 55 or over you are considered not retrainable by  Social Security regulations. What this means is you are not retrainable from your previous occupation into a new one. This means that a vocational expert would say that you cannot perform your previous occupation in the national economy and due to your age you cannot be retrained in to a new occupation.
Hear is a personal example. I went to church with someone who's brother in mild mentally retarded. He was drawing SSDI. He was working in what the VA calls a protected environment. The people he worked for screwed up and worked him over the amount of hours he was spouse to work for 2 years. Social Security finally catches on to this and sends him notice that they are going to reduce his check until he pays back his overpayment.
If you decide to go to work you can bet the IRS will reports it to Social Security. (There systems are connected.) You can also bet that someone will be around to see if you are doing something that you said you can't do like mowing the lawn. 

Good for Jim Costa (D-CA). I am seeing a lot of people getting hearing exams. The VA then gives them hearing aids but never rates them. When they do apply for SC they are told that the hearing aids fixed the problem so there is nothing to rate.
Beg How long have you been TDUI? Don't forget the 5, 10, 20, year rule on re exams. 

VA Screwup a C & P Exam by sending you to an unqualified Doc, NP, Veterinarian. No they would never do that. Not that it happened to me twice.🙃

Royalties are not capacity for gainful employment. Royalties are considered income for IRS purposes. For example lets say you are receiving royalties from a natural gas lease on property that you or your family owned. You can receive royalties from say a McDonalds franchise that you own or are a partner in. The point of it is TDIU is not income based unless you are deriving income from work. That's not to say that if you are earning $50k a year from royalties it won't set off a red flag with someone. Also for example my wife earn's say $26K a year we file jointly. This is over the poverty level of 15k. Neither the IRS or the VA will look at it because its her income.
About commercial I fly UAVs and have for some time. The FAA has been cracking down on pilots braking the FAR's. They have been using  youtube videos to bust people. This usually happens when someone (another pilot) sees a video of someone screwing up and sends it to the FAA. (or someone else reports it) 
Here's how the licensing work for UAVs. If you receive income or you are doing some kind of work for a business it is considered commercial with a UAV regardless of if you are receiving direct compensation or not. For example you work for a real-estate company. You have a UAV and you take video and photos of homes for the real-estate company but you are paid as an employee. Would this require a FAA license even though you are not paid directly for flying the UAV.  (This is an actual test question on the FAA exam.) The answer is yes it is considered commercial. Now if you are flying in your own yard and not getting any kind of income it would net get you a second look.
Having said all that it will depend on what you are doing in the videos. The facts are neither the VA, IRS, or FAA has the man power to go through youtube videos to try and find violations.