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About vet90

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    E-3 Seaman

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  • Service Connected Disability
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  1. vet90


    Question- I'm helping another veteran with their tdiu claim and was asked the following question: Would participating in CWT program interfere with pursuing a TDIU claim? This is the understanding I've gathered from the veteran thus far: The veteran began VA outpatient patient pain clinic (last month) and part of that process is to be evaluated by the VA hospital VR counselor. Also, last month prior to participating in the pain program the veteran also received a letter of infeasibility from a VR counselor in the St. Pete regional office. There seems to be a conflict of interest between VR counselor at the Tampa va hospital and St. Petersburg regional office VR counselor. According to the veteran the pain clinic VR counselor says participating in the CWT program wouldn't interfere with anything if the veteran were to pursue TDIU because CWT is considered a PROGRAM which pays minimum wage and not an actual job. Feedback needed.
  2. Hi everyone- What is the process to file reconsideration of recent BVA decision. Evidence from Voc Rehab (letter of infeasibility) supporting TDIU was submitted 7/6/2017 prior to date of decision 7/13/2017. There is no reference of letter in the decision. Are there any cases that I can include when I request a reconsideration? Thanks for feedback.
  3. Hi- Can someone help me with VA math? First condition fibromyalgia Increased from 20 - 40% and IBS increased from 10 - 30%. I just received a call the Office of Case Management in D.C.regarding my EED of 2009 for both conditions. Award was processed yesterday and when I asked Ms. K.S. the amount of award she says $4,650. I'm experiencing mixed emotions here. Gratitude and shock. I'm grateful for the $$ and the fact that someone reached out to me inspite of it being Trumps inauguration day but I'm also shocked because I was figuring it would be more since the EED is 2009. I questioned Ms. K.S about the amount and she said it was rated based on all my combined s/c conditions, which doesn't make since because only two conditions were increased with EED of 2009. Ms. K.S. also said she also see that they received my appeal in 2016 and anything prior to that was handled through my local regional office in St. Pete. She also said that she doesn't see a decision on the migraines and respiratory conditions on appeal. So she's sending it back to the VLJ because those issues were overlooked. She ensured me that I will hear from her again once everything is finalized. I'm still blown about the $4.650 retro though. Thanks for the feedback.
  4. ok. I spoke with someone at the Office of Case Management earlier this morning and I'm expecting a call back. Here is the link. www.va.gov/vetapp16/files4/1632248.txt [view]
  5. Berta, I found the decision. I had to put the Judge Marti Hyland in the any of these words search along with the case # 09-15-179-a, in the find these words search. Wow, took me a minute but I did locate it. Please read and provide feedback. Thank you
  6. Berta, that's not my case. Did you put the letter A along with docket #.
  7. Thanks Berta for the Fast letter. Has anyone read my BVA case yet? My docket NO. 09-15179- A. Feedback please.
  8. I'm not able to download FL 10-02 from Hadit. Can someone attach the document as a pdf, so I can download it please?
  9. Thanks for the quick responses. I wish VBA would be just as quick. I'm going to attempt answering all the questions asked of me:; My docket NO. 09-15179- A The most recent video conference hearing: April 2016 before judge Marti Hyland Advanced on docket due to homelessness. Yes, account is setup to receive deposit alerts. Represented at hearings by American Legion VSO. Should I wait until after you've had a chance to read my decision before sending the VA Fast Letter 10-02?
  10. My appeal had been advanced on the docket since 2013. I received the BVA favorable decision for two of four conditions in August 2016 with an EED of 2009. The tdiu and migraines were remanded for further development. After contacting Under Secretary Bob in Oct 2016 I received an e-mail from the Office of Case Management stating they were assisting with my inquiry and would receive a SSOC discussing my 2009 appeal. I got a SSOC 5-7days mentioning tdiu and migraines were denied. I have yet to receive any retro payments. Every time I call the BVA status I get the same this same update "it's with the Judge and it's under review." Does anyone have an updated # for the Office of Case Management. These two #'s are no longer in service. 202-273-7453, 202 273-5674. I got this from Hadit forum.
  11. vet90

    BVA win!

    Thanks john999 and toddt the RO lowballed my original ratings in 2009.., all evidence was there from 2009 to warrant higher ratings. IBS was increased from 10% to 30% EED 2009. Fibromyalgia was increased from 20% to 40% EED 2009. As far as evedence relating to TDIU I received a letter from Voc Rehad determining I was unemployable. I submitted this new evidence at April 2016 BVA hearing. Another thing I'm not understanding is a recent conversation with St. pete RO asking if I want to cancel appeal. They've confirmed the BVA decision but still asked if I wanted to cancel appeal. It's like they don't want to recognize BVA remand instructions..So confusing. I'm about to give up..
  12. vet90

    BVA win!

    Wow.. got my decision last Friday from BVA and was awarded EED from 2009.haven't received retro in bank yet! Also, part of my appeal was remanded for further development of TDIU.. I submitted a waiver at BVA hearing to have everything decided at DC. If anybody on this forum has gone through this experience please tell me if AMC would handle this Remand? why I haven't received retro?
  13. Broncovet and Gastone thanks for your responses. My hearing was received at the board 10/29/15. Hearing was held 4/2016. Other than that, I don't now how to retrieve timeline. I'm wondering if my FOIA request for VRE records are holding up the process. I'm going to think and believe that signatures are required before retro is released. Spoke to AL rep in Washington, D.C. friday. Says his system is not showing appeal as complete and E-Benefits sometimes has information before they do. That answer was unacceptable to me. My response to his was " unless E-benefits updates itself and I doubt that very seriously, someone had to manually put that information onto E_benefits. His stumbling response was "I don't know but what I'll do next week is ask someone in the administrative department about this appeal." He also gave me the following suggestions: put in an IRIS, call 1-800-827-1000 ( I'd already done both weeks ago). Last, he gave me this number for AMC 1-866-258-0341. I'll probably call them Monday. Or Maybe not. I'm really frustrated because all of this could have been avoided if only the raters done their job from the beginning. Then again, this could be a very much needed financial blessing!! I have a student loan that's in default, had to have my car voluntarily repossessed after my divorce because I could no longer afford the monthly payments. My credit is shot...Oh I forgot to mention that my appeal is flagged for homelessness. Please forgive me for the long post. I hope it's making sense.
  14. I received 30% in 2009 but because the pension paid more I still receive pension. Then in 2013 my service connection went to 50%. Again pension paid more. Then in 2015 I received increased ratings for IBS from 10% to 30%. Fibromyalgia from 20% to 40%. These increases along with MDD at 30% gave me a combined rating of 70% and I started receiving compensation instead of pension. Then EED appeal is for IBS and Fibromyalgia originally filed in 2009. All the evidence ( STR, treatment notes, C&P ) was available to warrant the highest ratings for each condition.
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