Jump to content

Sponsored Ads

john999

HadIt.com Elder
  • Content Count

    13,936
  • Donations

    $0.00 
  • Joined

  • Last visited

  • Days Won

    69

john999 last won the day on July 25

john999 had the most liked content!

Community Reputation

710 Excellent

4 Followers

About john999

  • Rank
    HadIt.com Elder
  • Birthday 01/09/1950

Contact Methods

  • Website URL
    http://
  • ICQ
    0

Profile Information

  • Location
    Tampa FL
  • Interests
    VA law and history of the Blues

Previous Fields

  • Service Connected Disability
    100%
  • Hobby
    history, computers, reading

Recent Profile Visitors

4,962 profile views
  1. john999

    awarded TDIU, 90% overall. seeking P&T

    I would file an appeal and ask for P&T and for an increase in your rating for your back. They always tell you not to rock the boat.
  2. The reason I got IU was for 70% for mental health issues. Then as years went by I was DX'ed with DMII and then with PN and CAD and then I got "S" because the CAD was 60% by itself. As long as I keep getting the 100% payment plus the SMC I really don't care because I have been P&T since 2001. I just read the scare tactics every once in a while about some new administration wanting to do away with TDIU for old guys like me. However, just because I am an old timer now does not mean I would not keep working if I was able. I missed the most productive working years of my life due to SC conditions which have only gotten worse over the years. I would need a new disability of at least 50% to bump up to scheduler 100%. Unless I could get it for sleep apnea or a combination of OSA and all the other crap as well.
  3. I know you can appeal a RO and BVA decision on a CUE denial because I did it. I went all the way to Federal Circuit Court. The Fed. Court refused to hear it, but it was a legitimate appeal. John
  4. I would shop your CUE around and see if any lawyer who has done CUE claims in the past and won them will take your claim. You have to file the claim and it has to be denied and then you start the arduous journey of appealing your CUE claim to the DRO, BVA and Court etc. This may take time or it could be decided quickly and you could get your CUE as long as it does not set precedents for future claims. If worse comes to worse I would file the CUE regardless of what anyone says and take my chances. John
  5. What happened to me was that my initial rating decision was made in 1973. The laws about listing evidence prior to 1992 were different and even though it was obvious to any unbiased reader that the VA did not consider all the evidence in the record it was assumed that the VA had the evidence and considered the evidence before they made their decision as to my rating. It my case it was absurd because my doctor who was the only doctor who actually wrote an opinion (IME/IMO) on the case said I was totally disabled while the VA decided I was only 10% disabled. My doctor stated that I was unemployed and unemployable while the VA never even bothered to ask that question. I had a lawyer and I had one of the best and yet because of the law in 1973 I could not prove the VA did not consider my evidence. I was asked to prove a double negative which, of course, I could not do. There were so many things wrong with what the VA did with my initial claim and my rating decision and my appeal rights neither me nor my lawyer could believe that we would lose, but lose we did. I still get angry when I think about my lose at the Court of Vet Appeals and in the Federal Circuit Court. It was obvious that I was the victim of an injustice, but if VA had of granted my appeal then they might have been on the hook for many more dollars because it would have affected a class of vets and not just me. If it were me I might just run my CUE claim by a lawyer to see what he/she says before you start on that road. If you win it would be well worth the 20% you pay the lawyer for actually representing you. In my case my lawyer would have gotten 20% of 30 years worth of 100% ratings because the VA would have had to go back to 1971 when I file the original claim and correct the record up to the year 2001 when I got P&T anyway. My claim is in the Court record and I have read it more than once. I don't look at it any more because it burns me up. My lawyer spent quite a bit of his own money representing me and never got a dime as far as I know. This is why these lawyers shy away from dealing with old VA claims because the VA has a million ways of wriggling out of paying. Anyone who thinks an old CUE is easy to win needs to think again, but I would still try it. That word "Undebatable" was what really shot me down because the VA brought up the idea that the facts in my claim were not "undebatable". One doctor who was not even identified said I was 10% and my doctor who wrote an IME with all the facts enumerated said I was 100% and totally unemployable made the rating question "debatable". Vync….I hope you win and I hope in your case I am completely wrong. Your claim sounds strong to me. John
  6. Did you appeal the 2000 decision in which the VA did not grant your claim? I had a claim that was 30 years old and the VA did not consider all the evidence in the file at the time. The VA Court of Appeals denied my CUE saying the assumption was that all evidence in the file was considered even if it wasn't , so I could not prove it was or was not considered. Very weird decision because it was obvious that the evidence was never considered but the VA said how sorry they were but rules were rules.
  7. If a CUE requires any thought, judgement or debate then it is not a CUE. I had what I and my lawyer considered a black and white CUE and we still lost at Court of Vet Appeals after 7 years. I got an education in just how slick the VA can be and my lawyer does not do CUE's anymore after losing mine. IMO a CUE must be in the same realm as a clerical error. It has to be so obvious from a reading of the regulations that to miss it is just malpractice. My trouble was that a period of 30 years passed between my CUE claim and the original decision allowing for the laws and regulations to be changed many times.
  8. If you have chapter 35 benefits then you have educational bennies and all other 100% P&T benefits. The next thing is to work on "S". If you have IU then you need an extra 60% for another disability to get "S". So "S" needs to be above and beyond your IU rating. Couple of more years and I won't worry about IU or any other benefits besides maybe Caregiver Benefits for my wife, but I hope not. I would like to get a higher level of A&A but I don't want to suffer the disability level to get there, but I am getting there slowly.
  9. So unless you have a single rating for 100% you still get IU even if you had 5 X 70% disorders. I have 70%, 60%, 20%, 4 X 10%, and Housebound (S). I would need a new 50% rating to get to the scheduler 100%, but even if I got that I would still be considered TDIU is what you are saying, right? This is something that our Veteran Advocates should be working on which is to rate all vets with MH disability of 70%-90% bumped up to 100% rating. I have a combined 90%. If you read the actual criteria for 100% for a mental health condition most who have 100% rating for PTSD (for instance) would be inside an institution. A vet with 100% scheduler rating for mental health issue is a complete basket case who is an immediate risk for suicide or homicide and should be in a rubber room. Few of us actually that post here are in that condition. Although, all vets who cannot work due to MH condition are most severely disabled and should be rating 100% scheduler. The criteria for 100% for PTSD is just so far outside person's actual mental health GAF that few relate to that level of mental disease. My gripe is that any vet with PTSD or any other SC mental health condition that makes it impossible for him to work and support himself should be rated 100%. I am TDIU and I can never get 100% for single issue unless I am willing to have myself committed to the rubber room for a couple of months. I am just not up to that and neither is my wife.
  10. VA has diagnosed me with apnea and I forget the exact name but it means you fall asleep without warning and can't seem to wake up normally. Now I am SC for DMII and I have sensory neuropathy in my feet and hands. I am also SC for depression and a host of other MH conditions. Exercising can be might hard to do when I keep falling asleep and waking up not knowing what has happened. Is there a chance of my getting service connected for OSA. The thing that really worries me is falling asleep and not waking up at all. I don't mean to butt in to your thread, but the obesity and the OSA claim seem to be up my alley. I am rated 90% TDIU P&T and HB (S). You know most doctors believe it is not exercise but your calorie intake that leads to obesity. I wonder if there are studies that show that depression and DMII lead to intake of carbs and sugar that lead to obesity that lead to OSA. It seems to me from what I have read that DMII, depression, and PTSD can lead to weight gain and thus to OSA. John
  11. You know if they rate you for Chronic Pain Disorder they treat that as if it is a mental disorder. They lump it in with depression. I can tell you I may be depressed but it is because the things I used to do are just too painful for me now.
  12. Your award should say you have Chapter 35 benefits if you are p&t.
  13. What kills me is the VA has treated me for chronic pain in my lower back left shoulder, hands and feet. They have treated me with opiates including morphine, methadone, Oxycodone and Fentanyl patches. The pain is officially related to diabetic neuropathy. I get 10% for each foot and each hand. If you your hands and feet hurt so bad you have to be on heavy narcotics how can pain not even really enter into my ratings. I am rated for impairment for nerves that run through my feet and hands. No mention of pain or the consequences of pain. All this pain is supposed to be a result of AO exposure but there is really little objective proof except me constantly complaining about it. No doubt I have the pain but I don't think the VA really believes me after me being treated for pain since 2005. John
    1. Hey, AskNod,  I see you are up to 290% disabled.   What level of SMC are you at now?  Do you have an android that lifts you out of bed in the morning?  No,  the VA would never pay for that.
  14. With the hearing thing get your PCP to send you for a hearing test. Then complain about the constant ringing in your ears. What was your MOS in the military? Did you work around heavy machines or artillery, tanks, infantry etc. You know people can actually lose their hearing after just one exposure to a very loud noise. It happened to a film director during WWII when he was very near a 155 howitzer when it was fired. He did not know enough to cover his ears and lost 40% of his hearing permanently. He was stone deaf for months. You must understand these C&P doctors and your VA claims examiner are suspicious of all vets and probably are thinking you are just after a couple of bucks.
×

Important Information

{terms] and Guidelines