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Buck52 last won the day on March 27 2017

Buck52 had the most liked content!

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About Buck52

  • Rank
    HadIt.com Elder/Moderator

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  • Military Rank
  • Interests
    Helping other Veterans& watching my grand-monsters grow up and driving my spouse more crazy than me eh!
    Vietnam Veteran

    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

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  • Service Connected Disability
  • Branch of Service
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  1. Also since you were granted 100% for heart problems, if you have any more conditions that can be related to the heart..file secondary to those conditions....if you can't work because of this 100% S.C. Disability you were just granted then these secondary conditions after S.C. AND RATED could mean SMC S 1 H.B. (Special Monthly Compensation)for house bound in fact because you can't leave home for work. that's another almost 347.00/ 400.00 $ with dependents added into your 100% comp. & That's not being greedy thats taking care of you and your family , the SMC is for that reason. you served and you deserve. When you file your NOD Appeal...then submit these medical records and check on those secondary conditions too and if you have medical records to support these conditions request they give you those too. Make copies of everything you send the VA and get a sign return receipts from the Post Office. and keep them in a safe place. you can use ebenefits but I recommend you do both.
  2. when did you file your claim? what date was that? they maybe going back to that date?... I smell a low -ball here...Do you know what date they said your EED WAS? And did they say why? Yes , if I was you I would request they use that 5-10-2013 date as your EED, medical records don't lie and I don't see how they can get out that one. guard those medical records with your life...that could very well change your entire life. and if you had any heart problems before that date request that date if its on record? if you have medical documentation that's the best evidence you can get. The more years they go back means ching chang ching chang all the way to the Bank. if you get 4 years retro at 100% S.C. for the first time no deductions...at around 3,100 month thats a big hunk just 48 months would be round 148.800.00 retro Plus more if you add dependents (children. parent living with you) I say go for it .
  3. Mr.

    what was the reason they denied you? you can always appeal the decision...and like broncovet mention what IMO is for you need to go get one, although the VA will likely send you to another C&P
  4. CSRC or TIUD??

    I agree with Hamslice, this is a bit mis--understanding...if your not retired or receiving military retirement ??...and your at 90% with VA Comp & not IU?...if I was you I would try to get an increase on your 30%SC PTSD or if you have any other condition that you can get S.C. For and possibly be rated ...you need at least a 70% increase (not the 10% as most vets think) to get to the 100% level & maybe that CSRC letter they sent has confused you? OR since you can't work due to your S.C. DISABILITY @ 90%....> Request the TDIU... SOUNDS LIKE THEY LOWBALLED YOU AT THE 90% RATING... When you got that 90% you should have disagreed with that decision and made a run for the IU. JMO
  5. Yes I agree with jbasser here the cradiac catherization test is a camera usually go in at the groin area and they can run that thing all the way up to the heart and check things out, if I remember right as they had to do this to my spouse. she said it was not all that bad just the part at the groin area is a little sensenstive .
  6. I took the age 62 SS because I didn't have enough work credits through the years because I had to stop working at age 50 I am now 65...but I took the SS At age 62 because we needed the extra to help with mortgage payments...and to help make ends meet. If I had waited we would probably be homeless/and another reason I took it I wanted something back that I pain into for few years and what if SSA goes broke? I Think the norm is when a Veteran gets award of 100% he can file SSD and get more $$ up until 62 or 66? but for me my situation was different they said I didn't have enough work credits...and that is probably true I had work on and off the last 10/15 before I turn 50 because of my Disability and fighting with the VA & at age 50 I won my claims.TDIU P&T and some newer claims/Conditions S.C. since then and got the SMC S 1 H.B.
  7. I say yeah throw it in...let the VA figure it out as they do anyway. Sounds like you have enough medical evidence. if something happens with it at least you will be S.C.
  8. You can file using the 21-526ez form for increase along with your medical evidence to support your increase. Dr's reports that your hearing is worse. lay statment from your last employer if they had to let you go to give reason you can't be working when you file for IU Period! To get IU if your hearing prevents you from working at any type job or because of your lack of education....you need to be at least 60% but in some cases 40% will and can get you to IU if your hearing is profound and keeps you from substantial gainful employment. being in Voc Rehab helps to get on IU if they can't help you then the counselor will write you a letter to state its not feasible to retrain this veteran because of his S.C. Disability. Check the 38 ratings for IU HERE IS THE RATINGS CRITERIA. Depending on how much increase you will get? if you get an increase but not up to the 100% then check the 38 4.16 (b) 38 U.S.C. 501 §4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014] Back to Top §4.17 Total disability ratings for pension based on unemployability and age of the individual. All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used: (a) Marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due to disability. (b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under §3.321(b)(2) of this chapter. (Authority: 38 U.S.C. 1155; 38 U.S.C. 3102) [43 FR 45348, Oct. 2, 1978, as amended at 56 FR 57985, Nov. 15, 1991; 71 FR 28586, May 17, 2006; 74 FR 26959, June 5, 2009]
  9. These were not medical records..they were some type of reported crime records and incarceration records. (Not sure why they had them?) They didn't reveal the crime of convection , but how many days they were incarcerated for..I just look a one and seen the others were all the same. I didn't have anything in the packet. and I knew then they messed up. I just put it all back in the packet and returned to sender. I should have driven out to West Tx to this VAMC in Big Spring Tx and met with this records manager but I never did...I probably would have got some results on my own records to keep my mouth shut. Mike Hunt..you ever lived in Midland Tx? and worked at TRW Reda Pump Co? I worked there back when I first got of the military and knew a guy name Mike Hunt just wondering if you were that Mike Hunt?
  10. Also you can call into the Hadit.com Radio Show hosted by Jbasser and Jerrel Cook This show is usually advertised on the Hadit board for the time its air live. Usually on Thursday Evenings at 7:00 pm eastern time 6:00pm central. They have guest on the show and can answer your questions that you may have. this is a really good thing hadit has and it's all free information all you have to do is call in and talk with them and get some of your questions answered. the call in # is 347-237-4819 They are a great couple & very knowledgeable Veterans & very happy to help.
  11. DozerDog You might consider getting you a good trusting VSO or Certified VA Rep to help you even a good experienced Attorney. Or if your willing to provide the necessary information here on hadit , hadit members can help you along the way... Asknod (Alex) Broncovet ,Ms Berta ,( Ms Tbird (hadit founder) Gastone, Vync,Vetquest,and a lot of other valuable members here at hadit all are excellent Veteran Adjudicators. These people are wonderful and provide their time and knowledge to help veterans such as you and it's all free of charge. We just love to help other Veterans get their well deserved Benefits because most of us has ''Hadit'' with the VA and have been where you are now. This site was created on that bases by Ms Tbird dealing with the VA on her claims back in the early 90's ....>She just Hadit.
  12. I agree medical speculation is not good. However there are a lot of possibilities out there , you just need to research and get some pro medical opinions (specialist) favorable to you that conditions you have now is related or caused by your military service! chemical contamination can cover a lot of diseases and medical conditions years down the road. the conditions can be limited but not out right denied for compensation purposes.(well VA can do what they want) just saying... One factor comes to mind just as an example Loss of use of Organ/loss of use of body organs caused by these toxic chemicals and all these other possibilities that if you come down with years later, it's just a matter of finding the correct medical nexus to link all these conditions together and you need a Qualified Dr to help you with that. loss of use of organs can be a % rating or a letter for SMC Criteria.
  13. check this link out and click on the information links they provide. http://gulfwarchemicals.com/ Good Luck with your claim , just remember medical evidence and professional detail opinions from Qualified medical professionals wins claims.
  14. I am definitely not an expert on this...however you were ok medical wise at your induction into the military physical therefor you never had these problems before entering the military, unless otherwise proved by historic medical records. An IMO (Independent medical opinion) is needed preferably using a specialist in this field of medicine. I would think proving your combat unit location will be evidence that you were around chemicals (burn pits) that can be related or ''is likely as not'' is related to cause your condition opein by a qualified Dr as being ''is likely as not'' related to your medical condition your claiming or going to claim , but the Dr needs to go into full details to back up his/her opinion Yes do some research I believe you will find that certain chemicals can cause your ovarian and pre menopause problems. you will also find '' other conditions'' this chemical from the burn pit puts out that can be related to or cause other conditions that you may have now? so research all this and if you do have a condition that is caused or related to this chemical (burn pit) puts out besure and file on these too. you may want to file a ITF (intent to file) to start your EED Clock ticking this notifies the VA that you plan on filing a claim/claims and it gives you a 12 month period to gather up your evidence before actually filing the claim .I would suggest you do that /because I do believe the chemicals you breathed over there is the total cause of your condition although I am not a Dr but a Good qualified Dr can give his/her opinion on this he/she just need to read up about the chemicals the Burn Pits put out and other contaminated possibilities from the gulf war zone.
  15. I am assuming your S.C. for heart condition?