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trun10tion
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Posts posted by trun10tion
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Hi USMCNASA have a lawyer that will help you. Google Jan Dills out of West Virginia. She handles v.a. and soc security. I was less than 100% when I retained her.
God bless
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PacManx1 one last question. So if they award final medical claims under tdiu, will that be for tdiu backpay only and keep me p&t? Because all my medical conditions add up to 260%. Oh and some conditions that were approved before tdiu award were given different effective date of 2016 and 2018 I read that you stated v.a. bad on effective dates so can lawyer request audit for 2016 and 18 or those dates are final?
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Ahhh I see. Thank you!
And thanks for being a great veteran.
Much blessings to you and yours!
PacManx1 you the Man.
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Thanks again Pacmanx1.
But the 100% p&t came before tdiu. Here's what happened. In 2013 I filed tdiu, in 2017 I retained a lawyer I was already 80%. When my appeal bva judge saw my file he remanded back to v.a. at that time v.a. sent me a c.u.e. and rated me 100% p&t I guess to stop tdiu backpay then finished the remand to bva judge. The judge didn't see it their way and also granted me the tdiu and back pay. Now above in first post the remaining 4 contentions are still under appeal, merged This is why I posted will I receive 4 contentions backpay? Although I was granted 100% p&t in 2018. Bva judge set my effective date back to 2012 around my discharge from Army date. At that time In army I was meb.
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Thanks pacmanx1... Much appreciated.
Thanks pacmanx1... Much appreciated.
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Good day all. I don't have dates it's been a long while. I'm in an bva appeal in which while I'm at 100% now I was awarded from appeal tdiu also. I have received payment. Now real question is since I'm at 100% will I receive any more back pay since my appeal is not complete, because they merged my claim and that part is under a remand. For the remand part recently VA sent me to lhi for c&p exam per bva judge, so since I'm already 100%, if bva approves do I just get rated for the last 4 medical conditions or back pay also?
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52 minutes ago, broncovet said:
By "new" I meant "new" to hadit, (you only had 16 posts so far, thats kinda new). Sorry if I offended you.
Im sure glad you have ebenefits figured out, then we can refer all the ebenefits questions to you. Broken soldier pointed out ebenefits is some sort of third party, not VA, and I do know that Ebenefits can say you should get 100 percent P and T and get green cheese with it, but VA wont be held accountable to what ebenefits says.
Its updated willy nilly. About the only part of ebenefits I like is the "letters" section. You can print those letters out to get things like reduced property taxes, MWR cards and the like, when they require "proof" of a disability.
Thanks Broncovet I didn't take offense. Its all good were here to help one another. If we don't who will? Uncle Sam? Ahhh nope were expendable lol
Hooahh
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4 hours ago, broncovet said:
I agree with GB Army. Relying on ebenefits is a big mistake. Its unreliable. You need to wait for the envelope. If you post the reasons and bases, when you get the decision, we can help decipher the code.
Remember, "even when" you get a BVA decision, the VARO has to implement it, and that, too takes time.
You may be thinking about appealing the denied issue "if" it was denied, to the CAVC. Since it sounds like you are new, you may not know that you can hire a lawyer at the CAVC level at no cost to you, because EAJA pays the fees when you win.
The VA separates issues, so you can appeal a denied IBS, even if other issues are awarded.
I believe by George, that I figured it out. I just now called the V.A. and strategically worded my inquiry. I believe compensation issue is just that. You see v.a. did yr ago retro pay for tdiu, once they saw bva judge request to redo allll my c&p exams lol. So they low balled my retro pay and sent it back to bva judge. Upon speaking to v.a. rep we deduced because website stated one other issue besides ibs denial that its probably the tdiu compensation issue. Sooo its possible that if other veterans have a back pay issue, it may be compensation issue?
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4 hours ago, Buck52 said:
I never heard of such a thing? if the judge granted a certain disability and denied a certain disability it goes back to the R.O. to let the veteran know what was granted and what was denied.
compensation issues is the VA responsibility to issue this information to the Veteran.
I'd call my congressman or the white house hotline...unless President Biden closed this program that benefit the Veteran? ? ...WHICH HE HAS BEEN DOING!!!
Buck buck52 now that's what im talking about thinking out side the box. Ty man I concur, I never heard that term comp issue either. Well thing for sure we now know comp issue a new covert word. Lol
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Ty Broncovet but im far from new...lol I'm 60 yr old vet. Serve off n on from 1978 to 2012. I After 50% from Army I got up to 70% myself. Yes I have an attorney. I just thought maybe compensation issue term may have been revealed by now. I'm now 100% as of 2019. These contentions are appeals at bva level. So yes ill wait for the big brown envelope.
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Ahh ty GBArmy. Funny how term compensation issue is unknown. Maybe new v.a. jargon.
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Hi. Any one know if this means back pay or not? Granted compensation issue?
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On 7/21/2020 at 5:06 PM, trun10tion said:
Heres my thing i had to call to find out bva kick it back to va.
1. I.got no ssoc
2. No phone call
3.and it wasnt second remand
It was just sent back for what ever reason.
My thoughts were once va did their remand part that bva makes decision then send back to va for processing.
I just wonder why i didnt get ssoc and had to call to find that is was kick back.
Got an email response from VA
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1 hour ago, GBArmy said:
flow1972 You are correct. Once a "secondary is s-c, then it no longer is "secondary; it is just like a direct disability.It is a disability. If you then get a "secondary" to that newly defined disability, it's the same thing. You can keep going on that forever. I would make a suggestion, and this is just my opinion. If you are submitting a claim for a direct s-c disability, don't submit too many secondaries connected to the first claim at the same time. Maybe I'm wrong, but it seems that the VA makes you work a little harder on approval if they see that the total amount of comp will be that much bigger if they approve the direct one. For example, say you are putting in for PTSD. I wouldn't also claim GERD as secondary due to meds you take for the MH condition, and sleep apnea due to weight gain because of the meds. I'd go for the MH disability, get it approved, then go to the others. Like I said, it's just my opinion.
Flow1972 i concur with GBArmy. Va more than often low balls or plainly denies proof. Not saying its right but must consider we still at war and new veterans hitting the system. I got out in 2012 and as i stated before, i only got to 50% from army then finally to 70% on my own. Without an attorney its hard. Dont stop appealing, you then have to start from 0. I dont know if you know but just in case bounce your injuries with the
38 CFR Book C, Schedule for Rating Disabilities online. It is very detailedYet after a certain point id get a vet no fee lawyer. Before v.a. considers you for a reduction in compensation.
Also as GBArmy stated go for the
MH and get private pysch eval to add to evidence. I did and won
But again i got that Attorney.
Knowledge Is power.
Remember we live in an unfair
World.
Blessings and peace
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5 hours ago, Buck52 said:
Are you in the old claims system? Legacy? if you been in appeals for 17 months and your claim is in remand. not sure how to advise you on this others may chime in but in the old claims system ,I had the inclination that the old legacy system would automatically transfer to the new AMA? After Feb 19--2019 ...BUT MAYBE IT DON'T? but 17 months without receiving your SOC it maybe time to opt in the AMA (JMO)
Remember in this new AMA System no SOC OR SSOC will be received back to the veteran...SOC are not in the AMA. System.
so if you are still in the legacy claims (old claims process system?)
I suggest you opt in the AMA system choose the supplemental lane process.
Appellants may seek review of Board decisions by appealing to the Court of Appeals for Veterans Claims (CAVC), or by filing supplemental claims at regional offices, which requires either submitting or citing new evidence. However, claimants may not directly contest Board decisions by requesting HLRs of them. Nevertheless, claimants may request HLRs of RO decisions that follow effectuation of Board decisions.
Yep still in old claims. I have an attorney.
I was following up decided to give regional a call.
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19 minutes ago, pacmanx1 said:
Not sure what is going on with your claim but BVA did split my claim into two remands with different remand letters for the exact same contentions and I am waiting on my VARO award letter. I didn't get a SSOC instead I got a new BVA Remand letter. It has been well over a year since my original BVA grant and remand and no news. I did an IRIS Request to have a supervisor call me and was informed that my claim is at finance but still no real news of what is actually going on. Keep us informed. You can try to do an IRIS Request to have them email you, your status. I hate phone calls because people can say anything to get you off the phone and I forget what they do say. It is almost time to send a new IRIS Request for me.
Thanks pacs this what i need to stir my creative juices..lol think out the box
Cuz i didnt get ssoc as yet. Ill keep u all informed.
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2 hours ago, Buck52 said:
My question is
1. I live in Mi. Why would bva send remand back a second time to salem, Mass. When my files and c&p's
Were conducted in Mi.?
I would think your R.O. in MI is to busy so they send your claim to another R.0 that is not as busy &can work it faster (jmo)
a lot of this slow stuff is due to covid-19
Unless your a homeless Veteran and need your claim expedited its going to a lot more time.
Heres my thing i had to call to find out bva kick it back to va.
1. I.got no ssoc
2. No phone call
3.and it wasnt second remand
It was just sent back for what ever reason.
My thoughts were once va did their remand part that bva makes decision then send back to va for processing.
I just wonder why i didnt get ssoc and had to call to find that is was kick back.
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23 hours ago, Bluslim said:
Hi, and thank you all for any help. I am currently at 40% and recently applied for Insomnia as a secondary condition. The CP exam ruled in my favor, but the VA said the Insomnia is caused by headaches which is a current secondary condition.I was denied. And to make matters a bit worse, I asked for an increase for my headaches and sent in medical paperwork to show it got worse. The CP exam there showed in my favor they were getting worse, yet the VA sent me a request for evidence to continue the rating. I wrote on my statement I have headaches, but its the tinnitus which keeps me up. My doctor wrote some additional stuff, and said he doesn't know who reviews these things, but sometimes they reach. As far the headaches go, I don't think they even looked at what I sent.
So my question is: If my headaches are a secondary condition and they are part of another condition it is not rated? I mean the tinnitus is the epicenter of the causes. Any help or insight
Hi well we first need to know what are your primary conditions. Then i can try to.help you
My self i got up 70% with out a lawyer. Once i got a lawyer v.a. said opps we made an error
An bump me up to 80% before the lawyers papers ink dried. Lol on my profile is my email
If you want advise and diy or i can shoot to u me vet lawyer no fee unless win
Shes good.
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Good day fellow Veterans. I live in Mi. My remand i found today was
Sent back to V.A. reg June 2020. At this point im at 17 months
Waiting. Bva judge orignal state was v.a. detroit failed to give me tdiu from
2012 when my file and many c&ps show i qualified? So.judge remand was
Tdiu not moot and v.a. in 2018 granted me 100% i have multiple disabilities.
My question is
1. I live in Mi. Why would bva send remand back a second time to salem, Mass. When my files and c&p's
Were conducted in Mi.?
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Thank you as well, 63SIERRA and Philip Rogers. I'm also waiting for ssdi decision, the hearing went well i think and the judge asked to see my VA rating, of course she added they don't have to follw their rules but she also stated, it may help her make her decision. six to eight weeks for a decison but since I had to get other VA documents for judge she gave my lawyer till Feb 21 2014.
So maybe in April or May i'll hear something.
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Ah just looked something up. States sleep apnea a golden ticket, and acknowledged for tdiu.
http://www.purpleheart.org/ServiceProgram/Training2012/21-T-%20TBI-%20Sleep%20Apnea.pdf
also i appealed denial of adjustment disorder w/anxiety. I have evidence of that as well. I keeps Evee a ting...lol
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Hi Berta. Yes i appealed the zero percents all included as either increase, re-open, and new. Smc was loss of use, of a reproductive organ. As far as SA for tdiu , would'nt the other 0% sc be considered as well for tdiu? I listed them on 21- 8940.
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Hello all. First time user, although i have read many post's here while on active duty army. Ets was 2012. Now I pretty much get the gist, on the tdiu process yet i need what if's? Ok i'm 50% SC for sleep apnea. I have submitted both forms VA 21-8940 and 4192. I know per 38 CFR 4.16 (b.) rating boards should submit to the Director, Compensation and Pension Service. Now i have other conditions that are service connected and documented but denied and five others at 0%. I also know extra scheduler is hard to get, so question, is extra scheduler the only way to be process? and if not what other options does the RO have?
Sleep Apnea 50%
Migraines 0%
Neck 0%
Scar hernia 0 %
Post hernia op. 0%
(won't say..lol) 0% but i get smc
Eleven others denied but documented and in increase, re-open and new status along with tdiu. Oh forgot i have 13 years combined service's active.
Any law firms represent less than 100%?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Jan Dills atty out of West Virginia. Google her. She handles va and soc sec. She helped me when I was 70% now I'm at
.
Check her out.