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Buck52

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  1. Congratulatons on your Award WAY TO GO GOOD TO SEE THIS. As for as no C&P Exam when a Veteran has all this in his medical records VA OR PRIVATE that proves his clai, in my opinion no C&P Exam needed and really a waist of everyone time. (jmo)
  2. Remember All Veterans Claims will be different and what another veteran does for his claim may or may not work for you, Again it all boils down to medical evidence without this type of evidence VA claims will be denied and at times VA NEVER READS OUR EVIDENCE/OR LEAVES SOME CRUCIAL EVIDENCE OUT THAT CAUSE DENIALS , when this happens we have to Appeal and go after them legally fowllowing all CFR'S VA criteria they set forth. This is what Hadit is for and also help first time Vets file their claim/claims making sure they file the correct claim forms and submit their evidence. Although in my opinion there are a few Veterans here on Hadit that need help from experince va attorneys or va certified claims agents.
  3. NOTE***This is a long read...sorry. If veterans do not meet the disability qualifications, extra-schedular TDIU benefits might be available. Veterans must show that their condition is unusual or exceptional. What is the TDIU Effective Date? Since the claims process could take months or more, the VA almost always awards retroactive benefits. In most cases, the effective date for benefits is the date the veteran originally claimed them. TDIU cases are different. The VA awards retro-dated benefits to the time the disabled veteran became unemployable as long as the underlying issue causing the unemployability remains open or on appeal. That date could be many years or decades before the filing date. Most veterans try to “tough it out” before they apply for benefits. Many Claims Examiners ignore this process and use the date the TDIU application ( Form 21-8940) is filed. This often leads to the retroactive date being wrong. I used the extra scheduler (b) so read about the IU EXTRA SCHEDULER. my service connected disabilitys started out in 1998 denied first go around I appealed and got another shot at my benefits I was denied a rating but they service connected me, as time went on before a year was up I appeal again and I mention beings my service connection is service connected I went to the VA For an exam , ok I submitted that exam and during this Appeal, they came back gave me 50%, My disability kept getting worse and by 1999 could no longerfind employment especially what I was train to do, I Appeal again within the years limitation. I went to a private DR (specialist ) let him know what I needed to get my benefits from the VA and he would need to go by the VA guidlines and use the VA Maryland word test (loss of hearing) as what I was claiming, due to combat in Vietnam , this Dr helped me out he read my medical records and employment history after my military service, and exmined me and wrote out his medical report in my favor, the VA sent me to another VA EXAM and this Dr was a complete ass hole he said in his report my loss of hearing was not as bad as what I claimed and he said on the report this exam can NOT be used for rating purposes, my R.O. got word of this and sent me a letter to reduce my beneifits back to 0% altho you can keep the service connection we made this decison due to a VA Dr mention your 50% hearing loss was not as bad as I claimed, if you disagree with our decison you can request a D.R.O. hearing at your R.O. (Reginiol Office) within 60 days of this letter and you can submit any new evidence you may have and the D.R.O. (Decision Review Officer) can make the decison at this time... you bet your boots I requested this DRO Hearing, at the hearing it was me and my wife (late wife now) I used that private exam from the specialist and he had put the testing scores in his report and said in his medical opinion this Veteran hearing loss likely as not been cause from his military service due to loud sudden noise , this can damage the eardrum/hairs and may take years before the loss of hearning occurs, or may be within a year after leaving the military or perhaps his hearing loss was caused by an Imume disorder, However this veteran passed the phyicical requirments at the time he was inducted into the service this is why my medical opinion this Veterans hearing loss started while he was in the military and Noise Induced Hearing loss gets worse over time HE can become totally deaf within a 1 to 5 years or maybe more depending on the pregression of the injury. and its my opinion likely as not this veterans hearing loss started from his military days he spent in Vietnam due to loud sudden noise he was exposed to. Now I had went to voc-rehab before all this and The VA Rehab counslor wrote me a letter stating he can't find me any kind of work due to his service connected didability it is not expected to improve in his life time , so at my hearing some 5 years later is when I had my DRO Hearing, I had a DAV Officer go in the hearing with me , he was working out of my R.O. SO I GOT WITH HIM A FEW HOURS BEFORE MY HEARING AND FILLED HIM IN ON WHAT ALL HAS HAPPEN, WE HAD THE HEARING IT WAS ABOUT 90 MIN LONG. THE DRO APPROVED ME ON THE SOPT FOR TDIU P&T OK I NEVR FILED OUT THE TDIU APPLICATION I just had appeals going on the last 5 years & being the DRO had a rating specilaist fill out the TDIU application at this time that would be my effective date but the DRO went back to the date of my examnation from this hearing Dr SPECIALIST ALMOST A YEAR LATER, HE PUT IN his report that although a VA phisican mention your hearing loss was not as bad you claimed it was, However with this veteran present at his hearing (date /time) with a DRO 20 YEARS EXPERINCED AND A RATING SPEAILIST AT HIS HEARING ,IT IS POSTIVE THIS VETERAN HEARING LOSS IS SERVERE AND REAL AND IS BAD AS HE CLAIM AS MATTER FACT THE MEDICAL TEST SHOWS ANOTHER 30% AND ALSO THIS VETERAN HAS BEEN DENIED FOR TINITUS & A 10% RATING FOR BOTH EARS IS ALSO APPROVED A REDUCTION OF BENEFITS WILL NOT TAKE PLACE INSTEAD TDIU P&T IS GRANTED. ...SO I WAS THERE TRYING TO Save my 50% this DRO approved me for another 30% plus 10% for the tinitus making me 90% over haul however this veteran can not find employment due to his service connected hearing loss and TDIU P& T IS GRANTED/sought UPON APEAL . THE DRO COULD NOT USE MY EFFECTIVE DATE ANY EARLIER BUT HE DID USE THE PRIVATE Dr medical report dated a year from back from the DRO hearing. because I had not filed the TDIU Application that was filed at my hearing. This helped me more than anyone will ever know. THIS TOOK ME 5 YEARS FROM START TO FINISH. MY 20 YEAR PROTECTION IS THIS YEAR. Now I kept on filing my claims and was approved for PTSD (CHRONIC) 70% WITH MY TDIU P&T AND THE 70% PTSD.... I WAS GRANTED THE SMC S HOMEBOUND TDIU VETERANS ARE CONSIDER TO BE 100% ALTHOUGH HIS RAING % MAYBE UNDER THE 100% BUT BEING PAID AT THE 1OO% RATE. Unfortuately they have stopped the DRO HEARING IN PERSON and use the new AMA system for suplmental claims and Higher Level Reviews..> which a DRO is the decison maker. IF YOU YOUR DENIED AT THIS LEVEL THEN ITS ON TO THE BVA AND THE COURTS. I would tell a veteran to get IMO/IME's AND KEEP EVERYTHING YOU GET FROM THE VA IN THE ENVOLOPE IT COMES IN MAKE SURE YOU DATE EVERYTHING WITH YOUR SS # CLAIM# AND SIGN IT, ALL THIS WILL COME IN HANDY SOMEDAY MY C-FILE HAS ABOUT 10.000 PAGES IN IT. NOW ITS ON CD FORMAT MAKES IT A LOT EAISER TO READ AND GO THROUGH vs 8 BOXES OF VA RECORDS Now what I mention about I have left out a ton of crap I HAD TO GO THROUGH but I kept on fighting and luckly for me I found Hadit in 1999 a year after I FIRST FILED MY CLAIM and some members that are not with us now helped me and Ms Berta helped me back then with Flip Heligic ...aka Phillip Rogers unfortuantely he has left hadit to enjoy his last few years as his age had caught up with him he is touring the world. I also would recommend you tune into the hadit Exposed Vet Radio /Podcast show and call in to ask any realted VA Question, especially a claims question , they have some wonderful highly intelligent people on there that can answer your question , they have retired claims senior claim raters on and have Alex Graham on (aks Asknod)at different times, these guys can help you with your claim or any problems you need help with. John Basser and GERALD Cook are the host and moderators of the show and you can't find any better men than these guys. John usually annouses the show time and dates they have a radio/podcast show. I learn a lot from these shows and some times they have Ms Berta and T bird on. all of their information is priceless and its FREE. Their easy to talk with and understand or let you understand what they tell you and the app#'s ect,,,ect,, The point I want to make is medical evidence is what it takes to win TDIU, dates are also important it takes persistance to keep going , never quit, but letters from past employers stateing why they let you go, Voc-Rehab Letters stateing your Unemployable due to your service connected disability's keep all your medical papers from the past even before you filed your claim. in your statment in support of claim let them know why you can't work and show them the evidence why, medical evidence and Dr opinions is good alao voc-rehab letter is good and your statment in support of your claim is good. and remember filing TDIU 21-8940 Is actually filing for increase its also the IU Application ., always check this application to see if its been filed in the past because some Dr's and counslors will file it for you and you may not know, looking into your C-FILE will help. that maybe letters in there you might not knew about that will help with your claim. make copies send to va and keep copies for yourself.
  4. Thanks pacmanx1 & Rivet62 Its not so much about the waiver in my opinion the overpayment is not that much about 3 months of wife dependent pay and also she just was approved for the A&A we got 4 months on that plusr 8 months retro and she had just started getting it, it was only 160.00 month .I think the over payment is around 700.00$$ TO me I hate it when the VA GETS THINGS WRONG AND ACT LIKE THEY DON'T KNOW IT. MY WIFE DIED OCT 6TH 2021 WE HAD HER SERVICE 0CT 13TH 2021. OK AFTER ALL FAMILY /FRIENDS WENT HOME EXCEPT MY SONS &THEIR WIFES, I THE NEXT DAY SENT IN A LETTER TO MY R.O. LETTING THEM KNOW OF MY WIFE DEATH AND PLEASE REMOVE HER FROM HER DEPENDENT STATUS , THEY SHOW TO HAVE SIGN FOR THE LETTER OCT 20TH 2021, OK ABOUT 5 WEEKS LATER I RECIEVED A LETTER FROM VA THEY SAID THEY JUST WAS NOTIFIED ABOUT MY WIFE DEATH AND SEND THEIR CONDOLENCES, HOWEVER THIS HAS RESULTED IN AN OVE RPAYMENT, YOU WILL BE GETTING A LETTER FROM VA DEBT MANANGMENT CENTER LETTING ME KNOW HOW MUCH OR YOU CAN GET ON VA.GOV BENEFITS AND LOOK TO SEE HOW MUCH YOU OWN ON THE OVERPAYMENT, I CAN PAY THIS BUT ITS NOT MY FAULT I HAVE TO PAY IT. THE VA WAS NOTIFED BY ME IN A TIMELY MANNER, I DIDN'T FALL OFF THE TURNIUP TREE LATELY DUH , THEY KNEW ABOUT MY WIFE DEATH AND HER DEPENDENT STATUS SHOULD HAVE BEEN REMOVED EFFECTIVE NOV 1ST. THEN THEY SENT A LETTER STATING MY DEPENDENT STATUS WAS REMOVED Nov 1st 2021 THEN WHY THE OVERPAYMENT, THEY SAID THEY PAID ME AFTER MY WIFE DEATH 3 MONTH NOW ITS 4 MONTHS THAT IS THEIR MISTAKE. THIS WON'T CAUSE ME A HARDSHIP BUT I TOLD THEM IT WOULD AND IT'S THEIR FAULT THIS EVEN HAPPEN. I HAVE ALL MY GREENCARD RETURN RECIEPTS AND I LET THEM KNOW THAT LAST WEEK, NOW I GOT THE LETTER FROM VA DEBT MAMANGEMENT CENTER JAN 27TH /22, ITS 692.48 NOT THAT BAD, ITS THE PRINCIPLE OF THE WHOLE THING AS TO WHO IS RIGHT AND WHO IS WRONG ? MY AGURMENT TO THEM WAS THEY KNEW ABOUT THIS IN A TIMELY MANNER SO WHY WAS MY WIFE DEPENDENT STATUS NOT REMOVED & NOW RESULTING IN THE OVERPAYMENT. I DID REQUEST A WAIVER...IF I AM DENIED I WILL JUST PAY IT AND MOVE ON. I don't have time worrying about the VA sorry for the CAPS just now realized the cap button was on. I APPRECIATE YOUR INPUT .
  5. Moderator Posted 17 hours ago · IP I have a different question and may be I need to start a new thred. I do not intend to hi jack this thread But why do we have to send everything to Janesville Wi , to the claims intake center.? I can see it for the veterans first time filing but looks like to me if the Veteran knows what his Reginiol Office is and addressed then why not send it there? I realize they change this for claims but actually this is not a claim and I know where my R.O. is they have all my records there with my C-FILE. I have a debate I am dealing with the VA ABOUT OVERPAYMENT to me after my wife passed away Oct 6th 2021. ok after her services and I came back to my senses I notifed my VA R.O.about my wife death To stop my wifes dependent pay and the A&A WE Just recieved prior to her death on Oct 17th 22 they sign for it Oct 20th 22 its not all that much 160.00 month plus her dependent payment, and the overpayment is for at least 4 months now more if they let it go into March ect,,,ect,,, Grrrrr OK as Time went on I never heard a word from them until like month later or 5/6 weeks later telling me Ther have just recieved word of my wife desth I said what/ I told them long before the BVS Did or the SSA about notifying the VA ANYWAY I just recieved a letter from them on the 27th Jan 2022 tellin gme about the over payment and that VA Debt Management Center will be sending me letter leeting me how much the Overpayment will be? that was the 27th of Jan when I Recieved it. ok I been sending things direct to my R.O. And not Janesville Intake Claims Center, tp my RO address :Attition the Debt Manangement Center this is really not a claim its a despute between me and the VA ABOUT my wife overpayments that they should have stopped but the failed to do so and I am asking for a waiver due to it was their fault I have all my Post Office Return Reciepts. where someone from my R.O. Sign for them. so they had to know and it wa sin a timely manner. Thank you for your responce.
  6. eh! well they will just have to scan it in at my R.O..
  7. Its called Finding of facts as I describe above Findings of fact are the true facts that a decision maker finds to exist after the analysis of all evidence of record. Findings of fact are necessary to making the conclusions of law. Date /Location the event happen if the veteran can remeber he needs to tell them his story where and when what happen to cause his now condition that disables him/her. They (VA) Checks out his story as to what he says happen to him on a certain date and location while in the military remember reasonable doubt goes in the veteran favor. If they fine his story of merit they they will use that for service connection and a possible rating. HE/SHE MAY NEED TO GET A GOOD IMO/IME IN FAVOR OF WHAT HE IS CLAIMING AS FOR AS MEDICAL RECORDS. IF HE HAD WENT TO THE DR THE DAY THE EVENT HAPPEN THEY SHOULD BE ABLE TO FIND THAT MEDICALRECORD THIS IS WHY HE NEEDS TO TELL THEM WHAT HAPPEN BACK WHILE HE WAS IN THE MILITARY HOW THIS IS CONNECTED TO HIS MILITARY SERVICE WHEN NO RECORDS CAN BE FOUND THEN THE FINDING OF FACTS SHOULD HELP. Also Buddy statements from his buddies that was with him to witness the event. Again time and location of the event is very important a 10 day space will be allowed example if he says it happen on a certain date and they check it and the date was close to what he mention (10days) they will use that but if the date is way off say a year or two then that may make a big difference in their decison.
  8. I second what broncovet mention above ,you defintely need to connect this to your military service. (nexus) ( The 3 Caluza Elments. On July 12, 1973, a disastrous fire at the National Personnel Records Center (NPRC) destroyed approximately 16-18 million Official Military Personnel Files (OMPF). The records affected: BranchPersonnel and Period AffectedEstimated Loss ArmyPersonnel discharged November 1, 1912 to January 1, 196080% Air ForcePersonnel discharged September 25, 1947 to January 1, 1964 (with names alphabetically after Hubbard, James E.)75% HE CAN REQUEST HIS RECORDS AT THE NRPC IN St Louis, if they can't find them then he can look up his states Capitol Federal Building Records dept for the US AirForce and check with them if they have ANY OF them NEED HIS SS He Also Needs to request his C-FILE (CLAIMS FOLDER) ASAP He can give his statement in support of claim and can write on an extra sheet of paper the location he was statition at his unit and battillion and his 1ST Srg name company commanders name and what happen to him to cause his Injury /or desease ,they need the dates and location a close estmate wil help them if he can't remember the exact dates and also a little as to why he remember what happen was it on a holiday? his mothers birthday or any close relatives birthday, was it around Christmas time? these are the things they will look for they will look to see if your story coninsides with your military locations and any reports like morning reports ect,,ect,, to n decide if your story has merit? medical records will be hard to get if they can't find them at the NRPC, ALSO he can call his buddys in the Air Force who with him and ask them to give their statement as to what happen the day they were with you that day ect,,,ect,,,
  9. Due to the covid pandemic SSA OFFICE REQUIRES YOU TO CALL THE SSA # NEAR YOU AND REQUEST AN APPOINTMENT.THEY WILL OR SHOULD GIVE YOU A CALL AND SET UP YOUR APPOINTMENT BUT DON'T EXPECT THEM TO CALL YOU FOR A WHILE. I BEEN WAITING ON MY APPOINTMENT NOW FOR 3 MONTHS, ALTHOUGH I CALLED THEM AGAIN AND THE LADY CHECKED AND SEEN WHERE I HAD CALLED FOR THE APPOINTMENT AND SHE CALLED ANOTHER SSAOFFICE IN ANOTHER SMALLER TOWN ABOUT 30 MILES FROM ME AND THEY WILL CALL ME TO COME IN, THEY ARE ABOUT A 3 MONTH WAIT LIST..I AM STILL WAITING FOR MY APPOINMENT BUT THE FIRST TIME YOU CALLED THEY HAVE THAT IN THE COMPUTER AND IF YOUR APPROVED FOR WHAT YOUR ASKING FOR THEY WILL GO BY THE DATE IN THE COMPUTER THAT YOU FIRST CALLED FOR EFFECTIVE DATE OF YOUR BENEFITS. ANYWAY THIS IS THE WAY IT IS IN TEXAS IT MAYBE A LITTLE DIFFERENT IN YOUR TOWN DEPENDS ON HOW BOOKED UP THEY ARE. THIS COVVID19 HAS EVERYTHING SCREWED UP.
  10. pacmanx1 I can't find anything wrong your post an dmy test post are showing up. if this keeps happen we will contact Ms Tbird
  11. Don't trust ebenefits you should wait and get the denial in the mail ...>there lible to put anything on ebefits try ebenfits va. gov. Was your C&P EXAM FAVORABLE ? THE C&P Examiner can not put denied on his report. BUT THEY CAN FOOL YOU WHEN YOU THINK YOU GOT A GOOD dR AND THINGS SEEM TO BE GOING OK AND YOUR SURE YOU WILL BE APPROVE BY WHAT THE EXAMINER SAID TO YOU DURING THE EXAM AND YOUR SURE YOU WILL BE APPROVED SOME TIMES THAT WORKS BACKWARDS BUT IF IT DOES THERE ARE WAYS TO WIN. Appeal go get you a I private MO/IME tell the dr what you need and why. If your service connected for hearing loss and they say your depression is due to your hearing loss sometimes if your not 100% for depression and the symtomps hearingloss can cause you to be 100% depressed just need a quailfied Dr to give his favorable medical opinion, you also can be s.c. at 100% for other conditions as long as you can connect to your military service but there some conditions that wing off one another. like sleep apnea depression can case that you maybe sc for S.A.?
  12. I don't think I understand this question? Can I lose benefits if testosterone cures my depression? if you ask for increase for your depression as being worse or another another condition depression causes. AFTER HAVING DEPRESSION &being service connected and sa rating given for 10 Years I doubt they would take it away , they need to have good reason too if you apply for increase they may send you to a C&P and The C&P Examiner can screw things up pretty much and that may mess things up , I never heard of Testrone injections curing depression? just the opsite I would think but I am not a Doc. you can have other conditions that depression can cause heres is just a few Symptoms Although depression may occur only once during your life, people typically have multiple episodes. During these episodes, symptoms occur most of the day, nearly every day and may include: Feelings of sadness, tearfulness, emptiness or hopelessness Angry outbursts, irritability or frustration, even over small matters Loss of interest or pleasure in most or all normal activities, such as sex, hobbies or sports Sleep disturbances, including insomnia or sleeping too much Tiredness and lack of energy, so even small tasks take extra effort Reduced appetite and weight loss or increased cravings for food and weight gain Anxiety, agitation or restlessness Slowed thinking, speaking or body movements Feelings of worthlessness or guilt, fixating on past failures or self-blame Trouble thinking, concentrating, making decisions and remembering things Frequent or recurrent thoughts of death, suicidal thoughts, suicide attempts or suicide Unexplained physical problems, such as back pain or headaches For many people with depression, symptoms usually are severe enough to cause noticeable problems in day-to-day activities, such as work, school, social activities or relationships with others. Some people may feel generally miserable or unhappy without really knowing why. Add Tag
  13. Rivet62 I agree Now please don't get me wrong here some times the VA Dr will help us and we may not know it?? if we look at the medical notes after 3 days from seeing this VA Doc a Veteran can get on Myhealthyvet and read these Notes the Dr 's Write up after seeing you or may be examine you Ect ect,,, Some times these Notes can be very Beneficial to the Veteran he cam make copies and highlite the parts thats favorable to what he needs for his claim, he can submit these notes ''highlite '' what is favorable to his/her claim so the raters will be sure to see it .
  14. Mr Cue, broncovet is correct as usual. Mr Cue Quote ''why would he need a paid medical opinion. To say his condition is worse or cause something else. He should have records from the doctor who treat him for his service connected condition. I am not a paid medical opinion type of guy because you can pay an the va doesn't have to accept it. Money down the drain.'' Mr Cue, With all due respect some of us Veteran have to get a IMO/IME when the VA Dr are aginst us for some reasoe or another, Please don'tell Veterans on Hadit a IMO/IME is a money down the drain'' just becuse you never had to, (good for you) but like I said some of Veterans and theres a whole lot on hadit that had to get IMO'S /IME'S I KNOW IDID SERVERAL TIMES to win my claims. This tells me that all VA Ds are not the same and some do what we ask them to but most VA Dr's won't..> your lucky that your VAMC Dr's help you out but at thses other VMAC across the counrty the Dr's are different they think its wrong to give us a favorble IMO because they work for the VA and they think they could possibly lose their Job with the VA (Sure this is an ''adversarial '' type situation) So the VA Dr's won't help us. ad·ver·sar·i·al /ˌadvərˈserēəl/ Learn to pronounce adjective involving or characterized by conflict or opposition. opposed; hostile. "the reviewer’s presumed adversarial relationship to his subject" LAW (of a trial or legal procedure) in which the parties in a dispute have the responsibility for finding and presenting evidence. "equality between prosecution and defense is essential in an adversarial system of justice" So when a VA Dr won't help us beings that the VA APPROVES ARE CLIAMS BY MEDICAL DR OPINION/& EXAMS AND THE VA DR'S WON'T HELP ,THE ONLY COURSE IS FOR THAT VETERAN TO GO GET A IMO/IME SO HE CAN WIN HIS CLAIM. PLEASE DON'T GIVE OUT ADIVISE AND TELL THE VETERANS THAT COME TO HADIT FOR HELP NOT TO GO GET A IMO/IME just because toy bever had to. ''because its money down the drain'' When a Veterans VAMC Dr's Won't help and the VA Only takes the word of a professinol That is Quailfied to give his/her professinol opinion M.D. OR A Specialist that my friend is the only way he can win his claim and we have to pay these Dr's for their services. (IMO/IME's) I would say your lucky to have VAMC Dr's that helped you out..The Majority won't.Due mostly on the word ''adversarial because some VAMC Dr just will not help out.
  15. WAS THIS A VA Dr MD? IF your service connected for all the above thats usually the hardest part of our claims but also Getting a Dr to give his honest medical opinon is also hard. Theres Veteran friendly Doctors out there!! call around ask the girl at the office if this Dr is a Veteran friendly Dr she willl know what you mean. What you can do if you can afford to? get a private Dr perferabley a specialist in the medical field your claiming ..say you find a good headache Doctor that specialisze in Headaches just be open and honest with this Dr tell him what you need from him show him your medical records as to what got you sercive connected in the first place & you need a ''Quailfied Dr ...you ask> Dr can all my triggers cause my migraines? if he says yes they can ,ask him if he will give his proffessional medical opinon that all your service connected disabilitys (name them) the DR CAN SAY I HAVE READ THIS VETERANS MEDICAL RECORDS (WHAT YOUR CLAIMING) AND I HAVE EXMANINE THIS VETERAN AND it is in my medical opinion that these service connected conditions can cause all can cause this Veteran headhaces now his impression will be different from my of course because I am no Dr but something along these lines that would connect you to what the VA IS DENYING YOU ABOUT. This Dr that said all this about the triggers can't cause the headaches was this a speicalist in this field of medcine? Some times the VA will not take a MD opinon if that MD IS NOT TRAINED IN A SPECIALISED FIELD OF MEDCINE. Specialist is what you need. (JMO)
  16. yes mam I do, Also they should check their records and can see the letters I sent them, although they may not can find them or someone conveintly stuck them in my C-File TO HIDE THEM SO NO ONE UP THERE MAKING THE DECISON WILL SEE THEM.? (Just saying) JUST PLAIN IDIOTS WITH NO COMMON SENSE WHAT SO EVER WE VETERANS ALWAYS HAVE TO SPOON FEED THESE IDIOTS.
  17. How do you qualify for SMC s? SMC(s) is available to veterans who: have a 100 percent rating and an additional disability rated at or combining to 60 percent or more, or. who are substantially confined to his or her dwelling or immediate premises as a result of a service-connected disability.
  18. As for as filing for another condition seperate from your original condition that made you Unemployable, you should file for that in your increase , because if you have TDIU and another seperate distnk condition RATING AT 60% OR MOREthat makes you eligable for SMC S. IF YOU WERE ONLY SAY 70/80 90% FOR YOUR TDIU YOUR BASICLY GETTING PAID AT THE 100% RATE , SO ANOTHER SEPERATE CONDITION RATED 60% OR MORE WOULD RENDER YOU A 100% RATING WITH SMC S AND THATS ANOTHER 380.00 OR SO ADDED INTO YOUR 100% RATING. I AM NOT EXACTLY SURE WHAT SMC S HOMEBOUND PAYS A VETERAN WITH WIFE AND CHILDREN AS HIS DEPENDENTS.? WITH THIS COLA INCREASE THIS YEAR ITS ONE OF THE BEST RAISES WE VETERAN HAD IN A LONG LONG TIME.
  19. iF YOU FILED FOR INCREASE AND WAS AWARDED TDIU THE DATE YOU FILED FOR THE INCREASE WOULD BE THE EFFECTIVE DATE FOR YOUR TDIU./unless you have medical records eariler from a quilfiied Dr rendering you unemployable due to your condition injury from your military service ect,,ect,, Filing for increse is actually filing for the IU If the condition/desease/injury is bad enough to make you unemployable. they are required to give the IU if you have all this evidence. (medical records and dates) are very important here. EED is ( eariler effective date) Is when a ''quailfied Doctor after examing you and reading your medical records render in his/her opinion that you are unemployable due to your service connected condition . or facts found. which ever is eariler.
  20. I ALSO HAVE THE GREEN CARD RETURN SIGN RECIEPT SOMEONE FROM MY R.O. SIGN FOR THEM I GOT BACK FROM THE POST OFFICE WHEN I MAILED THEM THESE LETTERS TO INFORM THEM OF MY WIFE DEATH,. SO THOSE WOULD BE MY EVIDENCE I INFORMED THEM IN TIME FOR THEM TO REMOVE MY WIFE BENEFITS SO THIS WOULD NOT END UP AS AN OVERPAYMENT. iTS NOT MY FAULT THEY FAILED TO REMOVER HER DEPENDENT STATUS WHEN THEY WERE NOTIFIED BY ME.
  21. Thank you Ms Berta I DO NOT THINK IN MY JUDGEMENT THAT I WAITED TO LONG TO REPORT HER DEATH. HER DEATH WAS REPORTED TO THE VA R.O .BY ME IN A LETTER TO MY R.O. DURING THE MONTH THAT SHE DIED. SHE DIED ON THE 6TH OF OCT 2021, ON OR AROUND THIS DATE 0CT 17TH 2021 I SENT THEM A LETTER LETTING THEM KNOW OF MY WIFE DEATH FOR OCT 6TH 2021. SO IT WAS NOTA DELAY IN LETTING THE VA KNOW OF HER DEATH SO CHANGES COULD BE MADE ON MY COMPENSATION. ( 3 8 C.F.R. § 1.965.) ALSO THEY SAID THEY WOULD REMOVE HER DEPENDENT BENEFITS NOV 1ST 2021, THEY OBVIOULSY FAILED TO DO THAT AND KEPT PAYING ME HER BENEFITS AND WROTE THEM BACK ASKING THEM TO PLEASE REMOVE MY WIFE DEPENDENT BENEFITS SO IT WOULD NOT END UP AS AN OVERPAYMENT TO ME.
  22. Hello Everyone I have a question concerening my late wife dependent payment. (Sorry its a little long read but not to bad) My wife died Oct 6th 2021. it took a while to have her service waiting on friends & family to attend her servce. Ok I wrote the VA my R.O. a letter telling them about my wife death of Oct 6th 2021. (Oct 17tth) please remove her (Brenda )dependent status from my compensation . thank you. They sent me back a letter some 40 days later but in that letter thay sent in a letter stating that they were sorry to hear about my wife death, then they said we will be removing your wife Brenda dependent benefits, and they sent me a letter to appeal the decsion and said if I APPEAL NO FURTHER ACTION WILL TAKE PLACE UNTIL A DECISION IS MADE. Ok I sent them back A DISAGREMENT letting them know not to remove my wife benefits at this time due to the hardship it will casue me, we have a set allowance of creditiors we own and her dependent status $$ helped pay thoe creditiors if I have to go barrow the $$ to pay this overpayment back will inflick even more hardship on me so please think about this for my sake and not remove her benefits at this time OR A WAIVER FOR THE ALLEDGED OVERPAYMENT. OK SOME 40 Days later I have not heard one word from them by mail phone call nothing, so I wtote them another letter asking them or leetting them know to go ahead and remove my wife dependent status I was wrong in asking or disagreeing with your earler decision , so please remove her benefits. I do not want to be stuck owning any one else simply because I could not afford it. I even had to give up my wife Brenda new Car or had someone to take refinace the loan put it in there name which I DID AND EVERYTHING WAS GOING OK...FOR ME UNTIL A FEW WEEKS AGO I FALLEN BROKE MY FOOT AND BUSTED A COUPLE RIBS IN MY FALL. YESTERSDAY THE 28 Jan 2021 I recived a letter from VA TELLING ME THEY REMOVED MY WIFE DEPENDENT PAYMENT EFFECTIVE DATE nov 1st 2021 and mention the over payment, dept of mmangment office will be sendin gme a lette rletting me know how much the overpayment is to make arragement to repay this. CFR 38 3.500 1 (b) 1) Effective date of award or day preceding act, whichever is later, but not prior to the date entitlement ceased, on an erroneous award based on an act of commission or omission by a payee or with the payee's knowledge. i JUST DONT THINK ITS FAIR THAT THEY MAKE ME PAY THE OVERPAYMENT BACK WHEN ITS THEIR FAULT AN OVERPAYMENT OCCURED. WHEN THEY KNEW OF MY WIFE DEATH FROM THE OCT 17TH 2021 LETTER I HAD WRITTEN TO MY R.O. ASKING THEM TO PLEASE REMOVE MY WIFE DEPENDENT STATUS. BUT THEY KEPT PAYING ME HER DEPENDENT STATUS SO I WROTE THEM ANOTHER LETTER AROUND DECEMBER 1ST 2021 ASKING THEM AGAIN TO REMOVE HER DEPENDENT STATUS, I REALIZE THAT MAY HAVE BEEN TO LATE BUT THE POINT IS THEY WERE INFORMED BY ME OTHER DATES TO REMOVE HER DEPENDENT STATUS SO IT WOULD NOT END UP IN OR AS A OVERPAYMENT. iS THIS A CUE ON THE VA PART BY NOT REMOVING HER DEPENDENT STATUS WHEN THEY FIRST HEARD OF HER DEATH IN MIDDLE OF OCT 2021? or REMOVED HER DEPENDENT STATUS Nov 1st2021 it obvious they never did but they said they did other wise I would not have an overpayment. IF HER DEPENDENT STATUS WAS REMOVED on the 1st of November 2021 THERE WOULD NOT BE AN OVERPAYMENT. If I have to pay this I will need to go get a loan and thats all I need right now its all I can do to run a tight budget and pay my bills..SIMPLY BECAUSE WE RELIED ON MY WIFE INCOME ALSO. SO I AM REQUESTING A WAIVER FOR THIS ACTION NOT TO HAPPEN FOR THE OVER PAYMENT. Any feed back from you guys will be greatly helpful .I am going to fight this and see what happens based on this evidence and the hardship it will cause me. Cordially Yours Buck .
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