john999

If a vet has been 100% for over five years the VA must show by more than one exam that he has improved. The VA has to show a definite improvement over time to reduce a 100% vet and get away with it. They can reduce anyone but they can't get away with it. I do agree that if you are 100% and you want an extra 10% that might be a little crazy. However, every 10% leads somewhere like Housebound maybe. If my DMII gets worse I am going to file for an increase even though I have been TDIU for 12 years. Anything to do with agent orange and I am going to file. The army poisoned me and I want them to pay.

71M10 Yes, many employers don't want to admit they fired someone due to a disability. They talk to their lawyer and he tells them to fire the person "for cause". That means they disobeyed rules and were a poor worker so they got fired. Nix the disability part. If a employer admits the person can't do the job due to injury or illness then they may be sued and/or be mixed up in workers compensation claim process.

You can have your claim reconsidered and then file for a DRO Hearing. If you lose at DRO then go to BVA, so you can have three bites at the appeal. Then if that fails you can to CAVC for another review. This should only take you 7-8 years. I got TDIU from a DRO Review. I got SC'ed for upper PN at a DRO Hearing. I got 60% up from 0% for DMII related heart issue via DRO. I lost one CUE at the CAVC and won one at the VARO. You never know except keep appealing.

If I file another claim it will be old fashioned way with pen and ink. This way I know they got it and I know via certified mail that they got my evidence. If a DRO Hearing takes more than one year you might as well go directly to the BVA. Right now I am hating all levels of the VA and appeals process since I have been to them all and lost. At least I got my shot as bad as it is now. To have a claim languish in limbo for years is hell. It is hell when you don't win a honest and justified claim, but not knowing is worse.

I had a TDIU claim denied even though I was 70% for a single disability due to fact the VA said I was unemployable due to my use of opiates for chronic pain. This was 13 years ago. It cost me another IME fee to get TDIU. My understanding of a good TDIU claim is that your unemployability must be solely due to SC conditions. I was 70% SC, but also had work-related issues that made my SC condition worse. Without a excellent IME I never would have gotten TDIU. I fought for years to the USPS to accept some injuries as being covered under worker's compensation and then I fought with VA to get them to distinguish between WC injuries/illness and my service connected illness. If you get SC and non-SC disabilities intermixed you will have a mess on your hands. My SSD illness that made me unemployable was fortunately the same as my VA illness. My doctors in an effort to help me get SSD had included a list of illnesses and injuries not all SC. The SSA only focused on the worst illness. When I think about it I used overkill to get TDIU, but was lucky to get it. If you work at a physical job for 20 years it can be hard to separate what is work-related and what is service connected. My job aggravated my SC conditions and vice versa. One thing I would advise any vet with any disability is to get disability insurance. My private policy cost me about $360 a year for 20 years and has paid off more than $100,000 since 2001. You must get a private policy because group policies stop paying when you get TDIU, workers compensation and/or SSD usually. Also, if you get fired from your job due to your disability it may be possible to file for worker's compensation on the way out the door if your work has aggravated your disability. This may create long term problems but may tide you over until you get 100% or TDIU from the VA. One of my co-workers who was disabled out of the USPS a few months before me(non vet) has been on WC for the last 13 years. Without WC income she would be trying to survive on meager FERS disability and SSD. It all gets complicated when you deal with more than one disability organization but it can be a life saver.

Sierra Many is the elderly person in a nursing home who has filed for A&A only to die before the VA approves their claim. People don't believe the VA waits for claimants to die, but I know they do. My mother died waiting and the VA claimed they could not find my grandfather's military records, so my grandmother never got A&A either as a survivor of a war vet. The only one who got A&A from the VA was my Aunt who was also getting DIC and had all the records. I submitted all their claims. John

Is it at all possible to get SC for OSA if there are only a few entries in your 40 year old records about sleep problems? My OSA is not controlled well by Cpap. I have SC DMII, heart issues and neuropathy in all four limbs and a host of psychological problems. All this stuff except psychological stuff is due to AO exposure. I also have GERD. I woke up a few night ago hyperventilating with Cpap Mask on and machine running. This put fear in my soul. The pulmonologists have given up on me and my apnea. Part is central and part is obstructive. If it is going to kill me I would like to get it SC'ed. Is this something our old friend the IMO doctor Bash could pull off. I do have an entry in my SMR's where I sort of went berserk due to days and days of not being able to sleep. I was young, slim and pretty fit in those days. Now I am old, fat and half-dead. It is the fully dead thing I am planning around these days. John

I sent in a FDC according to the rules I read. It is taking just as long as a regular claim except they got half the information wrong somehow. I am so frustrated I turned copies of everything over to my congressman. I doubt this will do any good, but dealing with Ebenefits is worse than dealing with a regular claim IMO. When I try to contact Ebenefits I must either call the VARO or use IRIS. I get the same dumb answers I have always gotten in the past. I can't correct the misinformation on Ebenefits. I think my claim for increase is going to actually take much longer using Ebenefits.

I think the old fashioned way to file a claim where you get a proof of mailing receipt or certified/return receipt is the best way to deal with the VA. Things can vanish from your claim file including evidence that is crucial to your claim. You need proof you sent it to them. The VA assumes that anything they send you is received by you. This is not true for you. You need proof. As far as ignorance of the VA rules that is the VA's card in the hole. If you don't know the rules they don't have to tell you. How many thousands of dollars have I been screwed out of due to my own ignorance.....many, many thousands? I don't believe their are shortcuts in the VA claims system. The shortcuts usually backfire on you. For instance, a vet with severe PTSD puts his trust in some VSO and finds out later the VSO did not file a NOD on his behalf in a timely manner. This could be a year later, ten years later or 30 years later. Possible higher rating down the drain with no way home. Even a very sick vet with no VSO gets a decision from the VA, and little if any guidance on what needs to be done to offset a low ball rating, or downright denial except "you have X number of days to file a NOD if you wish to appeal this claim"? Why should not the VA schedule an appointment with the vet to make sure he/she understands their appeal rights? It is all on the vet's shoulders to understand the consequences of sending in a one page letter (NOD) to the VA by certified mail. The VA is guarding the US Treasury and gives a ^%$# about a sick or injured military member. They do only what the law requires. John

If I were you I would start to prepare for the day I cannot work. Does your company offer disability insurance or disability retirement? Unless you want to go through hell waiting for TDIU or 100% I would try very hard to save some money. If you own a house get a pre-approved home equity line of credit. Any vet who is having trouble staying employed should start to plan for their disability retirement. Even when you get the facts lined up for a good TDIU claim it often takes a year or longer to get it. What do you do in the meantime while you have no income? I remember when I was fired from my last job I had an active claim in for an increased rating. The dumb ass C&P exam doctor said in his report that he could not make a judgment on my "employability" because I was unemployed. This delayed by TDIU by about 18 months. Jbasser That magic pill assumes that soldiers reactions to war can just be blotted out with no other side effects. Yes, and if we could have an army of robots and not humans we could also do away with humanity. All this will probably get to the course the Roman Empire took which was just to hire non-Romans to do their fighting for them. This also lead to the downfall of Rome. Our empire is on the same course since not many citizens want to fight for it. Only the poor, uneducated and ill advised put on a uniform in time of war in these days. Not many rich or well educated kids fighting in Afghanistan. That was true in Vietnam as well.

I would just keep working if I wanted to work. If the DOE decides that you can't work anymore they would have to retire you on FERS disability. They have to pay you for the work you have done. Since you are not TDIU I don't see the harm in continuing work. The VA knew you were working when they made the award. John

You might want to see if you can hire a VA lawyer. If you have a disability that affects your ability to work you should be able to get vocational rehabilitation. I also had a failed shoulder surgery. One surgery was enough for me considering the rehab. I qualified for vocational rehab but I was about 50 years old working for the postal service. I was making about 50 grand a year and I could not see me going to some school with my other physical problems. If you are younger than 40 I think vocational rehab makes sense. The best work for disabled people is usually self-employment of some sort. Maybe you could get a disability retirement and pursue something like that. If you are able to do a sit down job you may have a hard time getting TDIU or SSDI. John

How old are you? This is a factor. I am in the same situation as you except I am 64 years old. I support my wife and myself with TDIU, SSDI and OPM. My wife gets SSA as well. If you are over 40 years of age consider well what you are risking. I think self employment is the way to go for disabled. If you could work it so your wife has the business in her name while you do the work. I retired at 51 and I hated it really. However, now it is not so bad. John

I have a claim that I filed via Ebenefits in June 2013. It was a FDC according to my understanding of a FDC. It is stuck at "Gathering Evidence" stage for 8 months. I did something I don't usually do: I filed a complaint with my congressman. I was asking for an increase and the VA has it as a "New" claim. I also can't get a straight answer as to why it has taken 8 months for the VARO to get records from the VA hospital 20 miles away. All my records for the increase are at the VA hospital. The VA is already telling me the claim for an increase could take 18 months so I don't have much to lose at this point. This claim won't make me or break me, but I just can't believe something so straight forward can take so long. John

AskNod So if you filed a CUE based on an original claim decision, and the VA never successfully sent you a letter telling you about your rating and appeal rights would that be a big enough violation of due process to set aside a decision? If you never get appeal rights how can they hold you to the one year rule to file a NOD ect. We probably discussed this before but I was not listening to what you were writing being too angry about the whole process for things to sink in. John

My VA does a very poor job of sharing records with outside providers. I think it is good to keep your foot in the door with the VA since it helps to document your disabilities. Free pills and documenting my disabilities is why I use the VA. I hate driving out there from my house. Using the VA has helped me get SC'ed for various conditions that might have been more difficult on the outside. If you have a good PCP then hang on to them if you can. A good PCP is the key to most other referrals at the VA. John

This is why I don't tell them I want off the pain meds and benzo's. I will cut back myself if I am able on my own schedule. I am sure if I ever told the VA I wanted off the benzo's and pain meds I would never get them again since the VA believes this drugs are from Satan.

I will continue to fight as long as I can and it makes sense. As long as there is some place to appeal to I will appeal. John

TDIU means total disability due to individual unemployability. So you are total disabled just like 100%. The thing is you can't work. 100% vets can work if they are able. You do want the P&T because that means no more exams unless you set off alarm bells at the VARO. Nothing is solid and permanent at the VA until you have had a rating for 20 years. This could change at the next congress. If you get TDIU plus 60% you can get housebound ($300) more a month.

I had the almost the same thing happen to me. The VA cancelled the C&P exam. They told me they would be in contact to schedule a new Exam. About a month later I got a denial and guess what?.......The VA said I missed my appointment. Well, I called the VAMC where the exam was originally scheduled and ask what the heck happened. They looked it un and said they would schedule me another exam. They did and I eventually won the claim. If I had not got on the phone and/or filed an NOD my claim would have failed and I would have had to file a CUE claim after it became final. That is your only recourse if you let the Appeal one year date go by. You will probably lose in the CUE process. They will just say you should have appealed.

File the claims during the first year after discharge. Chronic conditions that are claimed within one year of discharge are treated as if they occurred in service. If wait a few years now you have to prove the nexus between service and the disability. This can be very hard unless all these things are very well documented in your SMR's and possible personnel file.

I called the VARO and made a sworn statement that satisfied the 5103. I look on Ebenefits and I am still at "Gathering Evidence" stage even though I told the VA twice that I have no more evidence. The VA told me that Ebenefits might not show that anything has happened. Also, the VA called my claim for an increase a "NEW" claim. I thought I was filing a FDC. All my evidence is at the Tampa VA Hospital. The VARO is in St. Petersburg 20 miles away. I can't believe it takes it takes 7 months to get these records from the VA. This is not a big deal since I am asking for an increase in rating from 10% to 20% based on fact I now take oral medications to manage glucose levels. This is what separates 10% rating from 20% rating. Next is use of insulin and restriction of activity. I could have done this claim in two hours I think. I don't need a C&P exam since my records demonstrate the need for oral medications, and nothing more at this time. My feet seem to have gotten worse (PN) but I did not ask for an increase for my feet. I sent in my claim for increase in June 2013 and now the VA is talking about a September 2014 decision. I think I will go to my congressman to see what kind of &**&^-up answer I get from the VA. John

I wonder if you can get paid retro while you sit in jail? I doubt it but who knows? If you are in jail longer than a certain time your compensation stops while you are doing your sentence. Your wife and kids starve I guess.

To get TDIU P&T from the time I filed for TDIU I had four IME's. The VA fought me at every point on the road. They denied my increase to 70% even though I had SSD. They denied my TDIU even when I got 70%. They denied P&T even when I finally got TDIU. I used IME's each time to over come the, denial. A good IMO/IME is the best tool a vet has available. It is a small investment compared to the reward. Put your anger on the shelf for a while and just the IME. If that does not work then see if you can get the sleep doctor or TBI doctor to admit your injuries are related primary/secondary. That will be hard. John

If you miss the exam you WILL have your claim denied. The VA does not say it in those words. They even say something different about using the evidence at hand to determine the rating, but they deny you if you miss or cancel the exam. A good buddy did not want to take the exam. He believed that he had enough evidence for the VA to make a decision. He told the VA this and cancelled his exam. He was denied. We both had the same doctor and the same IME doctor. I went to my exam and he didn't . I got my award and he didn't until he went in for the exam. Then he got 100% P&T.