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jbasser
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Posts posted by jbasser
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The court is clear. Attorneys can double charge vet and court. What a freaking joke.
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HD is capping the discount at 500 dollars worth of merchandise for max savings of 50 dollars. Lowes does not have a limit and if you sign up on line for a My Lowes account you can even take it off of on line orders.
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Your children have to be natural or adopted. Where they live is not an issue. It is up to the dependents to do the forms to receive the benefit. It is an excellent benefit as long as the young folks who use it maintain a certain GPA.
Here is more:
https://www.benefits.va.gov/VOCREHAB/Dep_Edu_Assist_Chapter_35.asp
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Call the 800 number and have someone call you back. They may have you do an in poerson authorization. It us really a painless process.
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The VA posts its changes in the Federal Register. Here is a link to some change criteria.
https://www.vetshq.com/2016/05/va-updates-evaluation-criteria-sleep-apnea-claims/
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You will want to gt your hands on the deck logs and other information.Try contacting the Joint Service Records Research Center of JSRRC. Here is their website: https://www.rmda.army.mil/jsrrc/RMDA-JSRRC-Division.html
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On 11/12/2019 at 8:08 AM, Fearless said:
So I should look for a lawyer that specializes in SSDI?
Yes sir. But they cant take it until you have a denial in hand.
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Per VA law if you become medicare eligible you have to take part b or lose your Champ VA.
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Buck gave you some good advice. If you apply for SSDI and you get denied you have to ask for reconsideration per SSA rules. At that time you are allowed to use an attorney to help with your claim. Now the fun begins. SSA uses a Blue Book or ratings book that has impairments and their severity. That is called listing level impairment. If you need one of these listed in the book you should be granted but it often takes an attorney and MD to put it together. SSDI also uses a five step process to determine your level of disability as it intertwines with the available occupations listed in the Voc Experts book of jobs. My best advice is do not go this alone. Get help.
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SDVI waiver of Premium is based on Permanent and Total. The case of a Veteran working or not is moot and should not be a discussion item. VA disability is based on the loss of earnings ability your disability has caused. It is not like SSDI as that is all or nothing.
Go ahead and file the paperwork. The Permanent and Total is law. If these people would only do their job and quit confusing veterans about life insurance.
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James here is a thought. The VA has just changed the criteria for heart conditions. The old ones took Ejection fraction into play. Less than 30 was a 100 percent rating. Now it appears the new rating schedule puts the main focus on MET's. Even though there is no accurate test for METS as it is just a doctors guess. I think this one will fail in the courts once it gets pushed through.
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I agree with Broncovet. The VA can reduce any veteran except for the ratings protected by the 20 year rule. It really boils down to the type of disability in question. If you are service connected for heart or lung disease for example the VA will have more difficulty because those are progressive issues. The VA must play by its own rules.
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Be a little patient. The first thing SSA processes says SSI. It is like they take a loan from SSI to pay your first payment. The reason the judge cancelled is that you have likely won your case.. My only concern is did you have an attorney. If you did, Call and ask them what is going on. The attorneys are the first ones to know. Be checking the old mail box.
Basser
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We learned tonight that the VA is changing the criteria or simplifying the rating criteria by only going with the term METS and getting rid of the Ejection fraction and other things in the rating schedule.
Any heart specialist will tell you that the gold standard for actual heart functioning strength is the Ejection Fraction. This is not good for veterans who file claims for heart disease and will be rated incorrectly.
I sure hope this gets overturned or heart disease veterans will get screwed.
Basser
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You may want to use 3.156c because those records were not available when the VA first decided your claim.
Missing service department records.
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Folks, you need to read your VSO's organizations by laws. Some do actually state that and it is sad. If your stuck with a VSO, you could be in for the long haul. It is a tough decision, Do I use a Free VSO or do I employ a Certified Claims agent. If you have already have a decision in hand, I know what I would do.
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.Not all have access to VMBS. You have to apply for that. Ask if they have access.
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Most likely since that is the code for Strain.
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It can happen that way. They money beats the letter. Is it more or less than you expected? If you used the AL or DAV to help you call them first thing and ask them to find out. They have likely saw your award already.
Look at your letter generator under E benefits. Benefit verification. Also look at vets.gov for claim status.
You may find out that way.
Basser
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If your VSO is an accredited VSO he can see the whole enchilada if he has access to VBMS. That is a very important tool when selecting the services of an agent or VSO. Hint. Most Big Service Orgs have only a Few accredited VSO's. It is always wise to ask this question when you talk to them. Ask do you have access to VBMS to look at my claim on line. If the answer is no, Ask them if one of their reps does have that acess. Most of the Certified Claims agents have access to VBMS. But Claims agents don't usually get on board until you have a decision. It does not have to be a denial. Just one you disagree with.
Basser
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Ratings of the spine. The spine is broken up into 2 different segments for VA rating purposes. Cervical and thoarcic and lumbar are considered one. If you are rated for an issue on the spine and have a separate issue on the same segment the VA will only rate one as more than one is called pyramiding. They should rate the most severe condition. You may be better off obtaining an MRI of the spine vs an xray. There are also 2 different sets of rating criteria for the spine. One is Traumatic Arthritis. The other is Invertrable Disk Syndrome. If you have Arthritis with no disk issues then it should be rated under Traumatic Arthritis. If the Disk is the culprit then it is rated as IVDS. As for the ratings under TA, it is based on Range of Motion. Any separate nerve issues are to be rated separately. Under IVDS it is rated under incapacitating episodes or basically bed rest. You should look uo the ratings in the 38CFR title 38 part 4 under ratings for the spine. It gives you the ratings and percentages for Both issues.
Basser
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Keep in mind that Social Security is an all or nothing process. It is based on your disability lasting for one year or more or resulting in your death. As long as your SSDI award is based upon PTSD and it appears they used VA records as medical evidence, The VA should follow suit and award 100 percent for PTSD. The reason for my suggestion is that the criteria for 100 percent PTSD precludes working which means you cannot work and SSDI has already kicked in. I have seen this exact same thing before with another Hadit member. Hang in there.
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Look at your original denial letter closely. Why was it denied? If anywhere within the denial it stated service department records were unavailable and the claim was denied and went final and the claim was later awarded based on any information listed in the service department record that the VA has received since the denial then you may be able to go back to tour original date without filing a CUE claim. The basis would be based on Title 38 cfr 3.156c.
VA denied my FOIA request for my own C-File
in VA Disability Claims Research
Posted
Easy fix is to request your Congressman or Senator to intervene and get it for you.