Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
ArNG11
-
Posts
1,673 -
Joined
-
Last visited
-
Days Won
18
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by ArNG11
-
-
4 minutes ago, Rivet62 said:
I hope so. It appears they service connected it before, but for things to be correct I have to file a claim I guess.
Not sure, you have to wait unfortunately, until they make a decision. Also you mentioned that this was service connected before???? Did you loose it? Did you actually have a rating? Was there an error? Can you clarify this a bit?
-
Having the C spine added to the claim is a good thing, going on the premise that they will service connect, which without seeing your file I cannot say, however, it could be that they realized a mistake and now are including the cspine because of the medical documentation surrounding the injury. This is not a bad thing if they are. Multiple issues being taking into consideration is a good thing. But as a wise man told me you can't shoot what you cannot see. Hopefully when the decisions come down it will be in your favor but no sense trying to figure out what is going to happen until they decide the claim. I know it's nerve racking but hold man, hold. Don't shoot until you see the whites of their eyes.
-
1 hour ago, Rivet62 said:
I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service).
Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical?
BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual.
Thoracic and Lumbar are rated together caveat that you can be rated for muscles and nerve issues. The C Spine has it s own ratings and is rated individually. So Thoracolumbar will be rated as one segment. C Spine is rated separately.
-
2 minutes ago, Rivet62 said:
I'm learning
Requests for increases should include the regs, laws, and case outcomes. It takes work doesn't it? I never thought I would be entering a career just submitting claims. I'm learning. It takes work. So much work that it would seem reasonable to deny unemployability if you are capable of enough to present the evidence and the arguments on the proper form and at the proper time. Thank God they don't look at it that way.
Not yet. Eventually the squeaky wheel gets looked at. That's okay, Im not the one breaking the law or not following regulations or tampering with medical evidence. I leave that crap to the VA, I just love catching them and proving how messed up they are, at least in my claims, it is personal, and I have taken it personal so they rile me up every time. I hate it even more when they do it to other brothers and sisters. It is not right.
-
Different agencies same game deny deny and more deny expecting the claimant to just give up. That is the way it is but you have to be persistent and not give up, never give up, not with handcuffs on and vices on your lips, fight when you are in the right and have the evidence , regulations, laws and medical opinions. The law is on your side, sometimes you just have to remind them that the law is on our side and spell it out. I have been successful because of this. It is personal for me. I'm not going to fight for something don't deserve or have the evidence for.
-
3 minutes ago, Rivet62 said:
I can relate to that, in my own way, as it pertains to me and mine. You don't want to beat a dead horse, but it's hard to keep the mind from cycling through it.
Yup that is sometimes my problem. Gotta know which fight to fight, when to fight it, and when to acquire another more attainable target.
-
Rivet62 did you write you don't have a copy of your Cfile. What about your attorney does he not have a copy? This is the digital age and it is imperative to your claims that you have this information. I have multiple copies, both hard copies, CD Rom, and multiple electronic copies. Mind you I am paranoid individual but I make sure I know what evidence was used in my claims decisions. The VA is the most formidable entity that I have ever had to deal with much worse than Department of Labor, Social Security, OPM combined believe me that is saying something.
-
1 minute ago, Berta said:Great responses from ArNG 11 and everyone else.This is something as far as EEDs go re: TDIU and an additional one year EED to the date of the claim.
https://cafc.uscourts.gov/sites/default/files/opinions-orders/09-7104.pdf
Gaston V Shinseki clarifies this issue in th above opinion.My husband applied for TDIU within one year of receiving SSDI solely for his 30% SC PTSD.1992.After he died the claim was still pending and the VA awarded me, his surviving spouse, as accrued , an EED of the date SSDI had declared him unemployable due to his PTSD. EED November 1991.If he had not died perhaps the VA would have considered an extraschedular TDIU ---(maybe-he was only at 30% PTSD , but had significant medical records to support the TDIU) .But they cant award TDIU to a dead person, so they awarded 100% P % T SC due to SC PTSD back to Nov. 1991.100% SC is made P & T by death.ArNG11- any potential burn pit issues?Tbird opened a burn pit forum and there has been discussion here recently on "particulate matter" and a better definition of Soutwest Asia Persian Gulf War claims.I posted a map of all that too.Yes, however, my health issues have not been directly tied to this fact. We used burns pits in Camp Bucca. I know because we used jet fuels to always keep them burning. Granted I am just speaking from the details I had when it was my turn to do the detail. If I had to make an educated opinion I would say the Hypothyroid, GERD with IBS, Sleep Apnea, rhinitis and sinusitis, but am having a dandy of time trying to force the VA to come to this decision and acknowledge directly. I hope that made sense. It sort of made sense in my head but you know how that goes. Emotions and pain get in the way of reasonable thinking at times for me. Well to be frank, it is most of the time but I don't want to beat a semi -dead horse.
-
I understand that part. I was partly successful because of when I retired, when I applied for medical retirement, all of the agencies coming to the same conclusion mostly because they would have been hard pressed to disagree with medical evidence to the contrary. Mind you they don't have to follow suit, however, I didn't really give them a choice. I was fortunate because of the timing and having my records in order.
Filing for IU, I mean the VA has to raise those issues legally when they where informed that you retired medically. Don't hold me to this conclusion, but it gets into the realm that the VA knew that your service connected disabilities were part of the reason of your difficulties in sustaining gainful employment at which point the issue of IU should come up.
If I am wrong in this pattern of thinking I ask that the forum correct me if I am. My case is complicated and every thing that applied in my case may not apply to your case per the circumstances, details, and time frames.
I would discuss the issues with the attorney as he would be the expert in the interpretation of the law, however, I have learned in my experiences not to rely solely on an attorney. No one will care more about your claim than you will. It is your life, your struggles and your disabilities, they just have a 20% stake in your retro if you win. This is just my opinion so please understand that. Discuss when there is something that is contrary to the regulations and laws that apply to your case with the medical evidence that was used for your claims decisions.
-
I will chime in if I may, I have a few issue more on my file because of my hiatus to the Gulf, however, Rivet62 your situation it has some similarities to mine. One, rather more than one of your conditions is going to be rated higher to get your goal. My IU is based on my bent brain, however, my other disabilities get me passed 90%. That in conjunction with medically retiring through OPM back in 2015 and getting on SSDI put over the hump for being unemployable due to some of my service connected disabilities being the reason for my having to retire medically. Your going to need increases in those 10% in order to get where you wanna get. Also you can force the VA hand with having other agencies declare you unemployable. You are on SSDI right? Though they don't have to follow other agencies decisions, it is compelling evidence of you're not being gainfully employed. One, rather more than one of your conditions is going to be rated higher to get your goal. My IU is based on my bent brain, however, my other disabilities get me passed 90%. That in conjunction with medically retiring through OPM back in 2015 and getting on SSDI put over the hump for being unemployable due to some of my service connected disabilities. . I noticed that your nerve ratings for each side have a 4 year gap, was this due to not having symptoms of both consecutively or did it progress? Did medical records not show notable symptoms of both or did it progress?
Buck is absolutely spot on with his posts. This is similar to how I got my SMC housebound.
In any case what you're suggesting can be done because other agencies will corroborate your unemployability, SSDI will be important here. My apologies ahead of time as I haven't had my go go juice but what I have garbled down on this post should be of some help. What's understandable that is. I need caffeine, so sorry.
-
Heh Hamslice, long time. I hope you have a speedy recovery brother. Take care.
-
I agree with you there. I think it would level the playing field substantially if a Veteran with a claim had access to their file from the get go. There would n't be so many delays in getting records, or adjuctating claims, and more importantly deciding claims improperly because of lack of evidence or lack of SMR's . I ponder the idea of what that kind of access would do to processing times, waiting times for benefits, waiting time for decisions, remands, heck the whole system. Transparency would change the whole game and level the playing field where the VA has the upper hand. Hmm. I really wonder how that might go. Hmm.
-
Man I guess it depends on the VARO, they technically have 30 days to respond. Whether letting you know they are processing your request or send you a CD. There is no excuse for it taking so long these days. Things are to streamlined for it to take so long and it shouldn't. 21st century y'all (to VA) can't use that excuse anymore.
-
23 hours ago, Whodat said:
This is some great info that may help my Brothers and Sisters in the Hadit family.
Enjoy
Inadequate Exam Webinar Final - Live VSO.pdf 1.64 MB · 8 downloads
Great example in this file.
-
wow Hamslice, that is by far the fastest oops we messed up mistake, on money withheld when they say we messed up, heh I guess "they" make mistakes as well. Keep searching and keep fighting bud. Good luck
-
I would tend to agree but I don't want to feed into the emotional aspect of what he should be rated for in my wording. Per the CFR and the rating criteria and if his medical records to state these statements, then Im in agreement. If indeed these statements are in his medical records then I don't see much trouble in him getting the rating. At worst an IME might be needed, however, the service connection has already been made so its just a matter of VA or his docs medical opinion trumping. An as we all should remember in a situation where there is relative equipoise it should be decided in the veterans favor. Should being the key word. Hotdiggity you should fight for the rating in my opinion, again please note, in my opinion. I am not a lawyer or VSR, or anything above just another Veteran tryin to help out another Veteran. You have no better advocate than yourself, no else will care more about your claims. It is worth its weight in gold to consider the opinions of folks that have gone through the fight and have a better understanding of the specifics regulations around certain claims. Anyone please interject if I am out of line here. I'm just trying to give the best advice from my experiences. Good luck and good hunting.
-
1 hour ago, Hotdigitty said:
Thank you all for for help and opinions. Sometimes pain will make you get offensive. I apologize
No worries I understand the pain thing, it messes with you and can sometimes interferes with your perception of people who are trying to help you not hinder you. Things will be okay. Cover your bases, get the information you need and you can make educated decisions to suit your situation best.
-
3 hours ago, Berta said:
It amazes me to see the few and far between veterans who try to cheat the system:
"ORDER
The severance of total disability rating based on individual unemployability (TDIU) from August 15, 2008 was proper; restoration of entitlement to TDIU is not warranted.
The severance of special monthly compensation (SMC), from November 26, 2008 was proper; restoration of entitlement to SMC is not warranted.
The severance of dependent's education benefits (DEA), from August 15, 2008 was proper; restoration of entitlement to DEA is not warranted.:
In part:
"In further correspondence, the Veteran requested that his hearing be moved to the end of January 2017 or early February 2017, as he was on trial "in the same matter that is pending in your Division." See Veteran statement, received by VA December 3, 2016.
Indeed, the Veteran was indicted in September 2016, in United States District Court for benefits fraud and related charged stemming from unemployment applications he allegedly submitted to the Department of Veterans Affairs and the Social Security Administration, in 2008 and 2013, respectively. See Defendants' Motion for Order Directing Release of Plaintiff's Disability Benefits Records, filed in the United Stated District Court, November 2016; received by VA November 4, 2016.
VA rescheduled the hearing to January 31, 2017. See VA correspondence, November 29, 2016. VA called the Veteran on the day of the hearing, and he stated that he will not attend the hearing due to a "scheduling conflict." See report of general information, January 31, 2017.
A February 2017 rating decision discontinued the entitlement to TDIU, effective August 15, 2008. See rating decision, February 2, 2017. "
an:
"In August 2020, the Veteran filed a Motion to Reconsider/Clear and Unmistakable Error Due Process Violation/Request for Expedited Ruling. See Veteran statement, received by VA August 27, 2020. The Board acknowledged the Veteran's Motion in an October 2020 letter. See VA letter, October 7, 2020.
In February 2021, the Board vacated its May 2020 decision. See Board vacatur, February 17, 2021. The vacatur was issued because the Veteran requested a copy of his file in October 2016. See Veteran statement, received by VA October 8, 2016; October 12, 2016. There was no documentation in the claims file that the AOJ fulfilled this request by sending the Veteran a copy of the requested documentation. As such, the FOIA request was still outstanding when the Board issued its decision in May 2020. The issuance of the Board's May 2020 decision constituted an error requiring vacatur. 38 C.F.R. § 20.904. Accordingly, the May 5, 2020 Board decision was vacated in its entirety.
In February 2021, the Motion for Reconsideration was ruled to be moot, and was dismissed, as the Board has vacated its May 14, 2020 decision. See VA letter, February 23, 2021.
The Veteran's FOIA request was fulfilled in July 2021. "
And more:
"Regarding VA fraud, the Report related that the VA Office of Inspector General (OIG) Criminal Investigations Division began an investigation in May 2014 after receiving information that the Veteran was fraudulently receiving TDIU benefits. The investigation determined that the Veteran was gainfully employed while simultaneously receiving TDIU benefits. See Presentence Investigation Report, received by VA December 20, 2017." (
This investodation might have began because of the SSA fraud, as SSA can share info with VA and Vice versa.It is probably at the VA OIG site.
And ( the decision included a creative litany of unusual statements the veteran made as to his work history,(including a spouse buddy letter.)
"In sum, despite the Veteran's contentions to the contrary, the evidence of record reflects that he was gainfully employed during the relevant period on appeal. He was not only gainfully employed, but also did not work in a protected environment such as a family business or sheltered workshop the Veteran owned and operated, and continued to own and operate, a large honeybee farm, and worked in several companies which he left for other opportunities. Notwithstanding this, the Veteran has been found guilty in federal court of providing fraudulent statements to SSA regarding his employment status. The Board finds that the record, outlined above, provides clear and convincing evidence that, at the time of the discontinuance of a TDIU, the Veteran was actually gainfully employed, and that his employment was not marginal. Therefore, the criteria for restoration of a TDIU from August 15, 2008 are not met and the claim is denied. In reaching this conclusion, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the Veteran's claim, that doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102; Gilbert v. Derwinski, supra.
The veteran lost his TDIU, the DEA status for his children if he had any, and also SMC.
https://www.va.gov/vetapp21/Files8/21049161.txt
Where do these people come from?
Actually a bonafide wannabee taught me a lot, many decades ago- as I read his 17 page BVA decision, a denial of course. ( @1995)
I could not wait for the BVA to come on line then, as the BVA decision is what really helped me understand what the BVA needed that he Could not suppy- Evidence of a PTSD stressor. It seemed to me, that BVA took extraordinary steps to try to verify his stressors. I tried to as well.
He somehow had convinced his VA shrink that he had PTSD from Vietnam. That meant he was stuck with, in his claim, the horrific things he said had caused his PTSD in Vietnam ,to the shrink, and she even helped him get into the 21 day PTSD program in Buffalo NY. Some of the vets called me up ( my husband was in the program with them=(all Combat Vietnam)) teling me they had a wannabee in their midst. They were right but I never knew him until he contacted me after my huband died, a few weeks after he came home from the 21 day inhouse program.
I met 2 other wannabees in NY-one was head of a VVA Chapter ( never served in Vietnam per his claims) and the other was head of another vet org chapter in Rochester. When the members learned he had never served in combat or in Vietnam, they still maintained him as their Prsident because he had actually done a lot for Vietnam veterans.
We had a very disgruntled wife here long ago and she wanted me to report her husband to the VA,because she said he was working a full time job and receiving TDIU. Of course I ignored her request. None of us need to get involved in stuff like that.
All I can say is wow. Not only do Veterans have to navigate through the minefields of VA system, but that some people exhibit this type of behavior, is beyond me. So many of us out there that still need help, that have actually been wronged, yikes. This was an interesting read, I'm glad you posted this, it gave me some perspective on being open to see, shenanigans are just not on Veterans Administrations, they can be caused by the other side of those taking advantage of system. "Be truthful in all your endeavors, especially to one thine self" Glad I had some java this morning. Thanks for posting this Berta
-
-
Okay so I was curious and ran some numbers with the Code sheet in my CFILE. When I win the Hypothyroidsm and GERD to 30% as the should be by regulation changes and law I will be a combined 96% hence 100%. This is without the BVA service connecting my hips, which has a good possibility of happening. Knock on the gavels wood? I never gave those sheets a 5th look see. HMMM Knowledge. GOOD WEAPON> GOOD TARGET> WEAPONS AWAY.....
-
-
On 1/20/2022 at 10:34 PM, Hotdigitty said:
Thank for the response. I used my earned sick days so I do no see what the problem would be. What is OPM and how do I apply? The VA does not always do the right thing.
You need to go to your electronic personnel file, you need your CAC card in order to be able to access the system. From there you can the numbers and information you need. When I decided to do it I did it within a week. Mind you, so you know this is not a fast process and I had many an issue getting to the information without hostile WS supervisor being on my case. What you are interested in is disability retirement through OPM. You need your VA benefits letter, an application to SSDI, because you are currently working you will be denied when you apply, this is a good thing, as you need that denial in the application in order to file for OPM disability retirement. It's a pain stalking process if you let it be. By the numbers, and step by step. You will end up where you are wanting to go. Folks on here genuinely want to help. There is no need to get defensive or for that matter accusatory. We have been down this road and are only here to help. Take things with a grain of salt. Breathe and calm down. Just my opinion and only trying to help you through the process.
-
On 1/20/2022 at 10:34 PM, Hotdigitty said:
Thank for the response. I used my earned sick days so I do no see what the problem would be. What is OPM and how do I apply? The VA does not always do the right thing.
Office of Personnel Management
-
Congratulations on the win. GERD I hear you? Especially get worse when things have you all scatter brained, (my experience). Good to read about your success when I'm up at 2 in the morning again. In any case congrats and maybe I'll give good news on my GERD rating some time in the VA hamster wheel future.
Combined on original decision, separated on SOC, now a new claim needed?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Something don't jive. With those segments mentioned what I wrote about the ratings applies. Thoracic and Lumbar is one segment, c spine is an independently ratable section on its own. Then there is nerve ratings and muscles ratings. Which all would need EMG and nerve studies. Take it slow and steady and make sure you go over the decision thoroughly.