Buck52

I never filled out the COE (Certificate of eligibility)....But I think the realtor did. I think you and your spouse sign all the necessary papers at closing. ...............Buck

I agree with chuck75. Being a combat veteran help me with my claim...as that is what caused my disabling injury evidence in my SMR's & my unit I served with. I have a combat ribbon and special operations award. but still had to fight the VA on presumption of events. ..................Buck

Here is the home loans eligibility Ms Berta put up a link also same link I believe. http://www.benefits.va.gov/HOMELOANS/ as for as using your COE (Certificate of Eligibility) usually its just used for one time, however if you pay off the loan or refinance you can get another COE...as long as the original loan has been paid in full. a lot of veterans are refinancing there homes to get the reduced interest rates. Including myself. I didn't find anything about serving 90days or more to qualify for a Veteran home loan? You can call 1-800-827-1000 and ask about your eligibility for VA Home Loan. This is all I know to tell you. Hope this is helpful for you. ...............Buck

Your a 100%disable veteran correct? that is a deserved benefit & so is veteran loans! go to a realtor and let them know your a disable veteran, they should get your DD214 & that is all they need. the should be able to get your certificate of eligibility for the process of a veteran home loan. I'll research this more about the 90 days qualification you mention. ...................Buck

Any information about the Burn pits would be helpful. conditions/disease & symptoms Thank You. ..............Buck

Ms Berta The link is being pull down blocked says I need to register .

Thank you Ms Berta, great information! .............Buck

Expressly and Reasonably Raised Claims As a result of Rice v. Shinseki (2009), TDIU claims are no longer adjudicated asfreestanding claims. A TDIU claim may be expressly claimed in conjunction with anoriginal service-connection claim, or with a claim for increased evaluation. If, inconnection with a claim for increased compensation, the evidence of record showsevidence of unemployability, and the Veteran meets the schedular criteria for TDIU, thenthe evidence reasonably raises a TDIU claim.When a claim for TDIU is expressly or reasonably raised, VA will send the Veteran a VAForm 21-8940 for completion. If the Veteran has multiple service-connected disabilities,the Veteran must specify one or more disabilities that he or she believes precludeemployability. The Veteran’s specification of these disabilities will be treated as a claimfor increase for those conditions. If the Veteran only has one service-connected disability,VA will presume that disability to be the cause of the Veteran’s unemployability and willtreat the TDIU claim as a claim for increase for that disability. Note If the evidence reasonably raises the issue of TDIU, the Rating Veterans ServiceRepresentative (RVSR) will infer and defer the issue on the rating decision. In these cases,authorization must continue the end product (EP). The TDIU claim must be worked as partof the EP pending when the RVSR inferred the issue. Section 5103 Notice Send the Veteran a TDIU-specific Section 5103 notice for all TDIU claims. Include anydisability(ies) the Veteran specifies causes the unemployability in the notice as a claim for increase. IMPORTANT: RVSRs must specifically address any identified disability(ies) as a claimfor increase in the rating decision, in addition to the issue of TDIU. Requirement for VA Forms 21-8940 and 21-4192 If a claim for TDIU has been expressly or reasonably raised by the evidence of record, buta current VA Form 21-8940 is not on file, provide it to the Veteran for completion. BeforeVA will consider a claim for IU • the Veteran must complete a VA Form 21-8940, and • the Veteran with multiple service-connected disabilities must specify one or moreservice-connected disabilities that he or she believes cause the unemployability. Handling Receipt/Non-Receipt of the VA Form 21-8940 Follow the guidance in the table below to determine appropriate action based on whether or Page 3.Director (00/21)not the Veteran returns a completed VA Form 21-8940: IfThen the Veteran fails to complete and return theVA Form 21-8940 administratively deny the claim (see below).the Veteran returns the VA Form 21-8940 send VA Form 21-4192, Request for Employment Information in Connectionwith Claim for Disability Benefit , to theformer employer(s) listed on the form for which the Veteran worked during his lastyear of employment. Note : Request VA Form(s) 21-4192 for theVeteran’s last year of employment even if the Veteran has not worked for five years or more.the Veteran with multiple service-connecteddisabilities returns the VA Form 21-8940 but does not identify which service-connected disability(ies) causesunemployabilitycontact the Veteran by telephone to gather that information. • Document the results of the call on VAForm 27-0820, Report of General Information. the Veteran with multiple service-connecteddisabilities returns the VA Form 21-8940 but does not identify which service-connected disability(ies) causesunemployability AND reasonable efforts to telephone the Veteranare not successfulsend the Veteran a letter requesting he or she identify which service-connecteddisability(ies) are believed to causeunemployability. Important : If the Veteran does not respondwithin 30 days from the date of the writtenrequest for clarification, or will not identifyone or more service-connected disabilitiesas the basis for the claim, administrativelydeny the claim (see below). IMPORTANT: Do not deny TDIU evaluations solely because an employer failed to returna completed VA Form 21-4192. SeeM21-1MR.IV.ii.2.F.25.e. Administrative Denials Follow the guidance in the table below to complete an administrative denial: StepAction 1In VETSNET Awards, complete a Benefit Eligibility Decision using thereason “Failure to Furnish Requested Evidence.”2In PCGL (this letter is not currently available in VBMS), select the “Failureto Prosecute” template. Page 4.Director (00/21) • When prompted for the date of the letter, enter the date of the Section5103 notice that initially requested completion of the VA Form 21-8940. • The evidence requested is the VA Form 21-8940.The template generates the following first paragraph:“On [date], we wrote and asked you to send us VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability .Because we have not received it, we must deny your claim. • If the Veteran failed to complete and submit a VA Form 21-8940, leavethis language as-is. • If the Veteran returned the VA Form 21-8940 but did not identify whichservice-connected disability(ies) causes unemployability, change thesecond sentence above as follows: o “Because you did not provide all requested information on theform, we must deny your claim.”3Include paragraphs for: • “How Did We Make Our Decision” o In this section, describe the actions taken by VA to obtain therequested evidence and the Veteran’s response (if any). • Appeal information • How to contact us4Prior to authorization, add a note in MAP-D or VBMS (as applicable) tostate: • “FTP on IU claim. Failure to complete VA Form 21-8940. Admindecision completed [insert date].” Note This note is necessary in order to provide up-to-date information for national call center (NCC) representatives.5Clear the EP at authorization.The Veteran will still have one year from the original date of request to furnish theinformation necessary for VA to consider the claim. See 38 U.S.C. §5103(b)(1). Theadministrative denial will not be reflected on the rating codesheet; since the Veteran failedto submit sufficient information to adjudicate the claim, no rating action is needed. Thedecision notice should clearly indicate the reason for the administrative denial. Updating the Rating Codesheet Following an Administrative Denial If the RVSR inferred and deferred the issue of TDIU and the Veteran fails to complete andreturn the VA Form 21-8940, the claim is administratively denied (as described above). Page 5.Director (00/21)Although the administrative decision sufficiently handles the denial of TDIU in thesecases, a deferred issue remains on the rating codesheet which must be removed. Followingcompletion of the administrative denial, the RVSR must take action to remove the issue.RVSRs should follow the guidance in the table below for removing the deferred issue: StepAction 1In RBA2000 or VBMS-R, enter the file number and select “Pull for Backfill.” Note : A backfill does not require a pending EP, so this action should take place following authorization.2Remove the deferred TDIU issue from the Master Record.3Return the case to files. Note This action removes the deferred issue from the data in RBA2000 and VBMS-R;however, it does not update Share. The deferred issue will still be visible in a Master Record inquiry under “Additional Rating Decisions” in Share. Share will continue toreflect the deferred issue until a subsequent rating is completed and promulgated on theclaim. For this reason, the MAP-D or VBMS note regarding the administrative denial, asspecified above, is required. If there has been an administrative denial on TDIU previouslyand TDIU has not been removed from VBMS-R, then delete the issue. Examinations VA is not required to provide a general medical examination in connection with everyTDIU claim. The decision to request a medical examination or opinion is contingent uponVA’s duty to assist as part of an original disability compensation claim (38 CFR §3.159©(4)), or as part of a claim for increased evaluation (38 CFR §3.326). These regulationsrequire VA to provide an examination to a claimant “if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim.”When developing a claim involving a request for TDIU, normally request condition-specific DBQs for the issue(s) alleged to cause unemployability (e.g., joints, mental, peripheral nerves, etc.). These DBQs should generally be sufficient to fairly and fullyadjudicate TDIU claims. Do not order examinations for disabilities not alleged to cause or contribute to unemployability.Schedule a general medical examination only if the rating activity determines that it isneeded to fairly and fully adjudicate the TDIU claim, such as original claims for disabilitycompensation or TDIU claims involving the impact of multiple service-connected and/or nonservice-connected disabilities upon employability. Page 6.Director (00/21)If the facts of the case require VA to examine the Veteran, do not ask the examiner to opineas to whether or not the Veteran is unemployable due to his or her service-connecteddisabilities. SeeM21-1MR, III.iv.3.A.9.f.The responsibility for this decision rests solelywith the rating activity (see 38 CFR § 4.16(a)). VA should request that the examiner comment instead on the functional impairment caused solely by the service-connecteddisabilities. TDIU Schedular Requirements 38 C.F.R. 4.16(a) provides the schedular requirements for TDIU as follows: “if there isonly 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 percentor more, and sufficient additional disability to bring the combined rating to 70 percent or more.” However, in some cases, a Veteran will have one disability ratable at 60 percentwith an additional disability rated at 0 or 10 percent, and the combined rating will stillequal 60 percent. In these cases, consider the schedular requirements to be met. Thereference in 4.16(a) to two or more disabilities should be interpreted as applying to caseswhere no single disability is sufficient to meet the 60 percent criterion. Appeals Involving TDIU The table below provides guidance on properly considering an appeal that involves TDIU: IfAndThen the Veteran has filed a Noticeof Disagreement (NOD)regarding an increasedevaluation for a service-connected disabilitywhile the appeal is pending, the Veteranclaims TDIU due, at leastin part, to the disability onappeal AND the rating decision deniesthe TDIU claimthe TDIU claim is now partof the pending appeal. VAshould send the Veteran aStatement of the Case(SOC) or SupplementalStatement of the Case(SSOC) regarding theTDIU.the Veteran filed a NOD on aTDIU evaluationthe Veteran subsequentlyclaims that a service-connected disability noton appeal causesunemployability AND the rating decision fails toincrease the evaluation tothe schedular maximumthat disability will also beconsidered in appellatestatus. VA should send theVeteran a SOC or SSOCregarding the evaluation of that disability. .............................Buck

You don't really need a VSO all you need is help here at hadit! Be your own Advocate! however I Agree with lotzaspotz you need an attorney going in front of the BOARD. jmo ....................Buck

File NOD on the decision that you disagree and should have been awarded TDIU, Because your current SC disability keeps you from finding substantial gainful employment. not sure failure to duty to assist applies for tdiu? .....................Buck

How long should he wait for decision on SA? IS UP OR DOWN. I was not sure on the MFR because a decision was not rendered Could he have a possible CUE? if ''deemed denials were outlawed years ago? ................Buck

Has anyone been asleep and you hear a voice call your name and it wakes you up & it as if that person was standing in the same room. I been getting a lot of that lately and seems so real gives me the hibby jibbys ..............Buck

You have 21 days (51 days if you are outside the United States, Puerto Rico, or the Virgin Islands) to file a motion for reconsideration. (See Rule 35.) If the Court makes a decision on your reconsideration motion and you do not agree with the decision, you have 60 days from the date the judgment is issued to file an appeal with the US Court of Appeals for the Federal Circuit.

I would appeal the denied decision for the SA! File a motion to reconsider'' File a motion for reconsideration'' Get your sleep study and the Diagnosis to OSA and the C&P report.& MENTION THAT OBCIOUSLY SOME OF MY EVIDENCE WAS NOT CONSIDER IN MY FIRST DECISION ON APPEAL. Time is limited. you have 21 days to file a motion for reconsideration However If they didn't rate your SA with the claim for PTSD & SA. Just wait a while and see if you get something(decision) on your S.A. Remember they rate each disability separate. ......................Buck

How does the VA diagnose a TBI? Are they some type of machine to scan brain waves? or do they rely on MSR's records? I know the VA has some type of machine (strob-lite) to check to see if any part of the brain has been damage from a stroke or seizure . After my wife had a seizure They hook her up to one and put these electrodes all in her head about 7 or 8 and turn on that strobe lite ask her to look in the lite as it was blinking off-on for a good 3 or 4 minutes...the examiner said it would show a disturbance in the brain? look to me like this is what could cause a stroke or seizure? Is this how they can tell if you have a TBI? .................Buck

I think this veteran is asking why both claims were not decided? If your claim was decided for PTSD and nothing was said about your SA Appeal the decision not the PTSD but Appeal the SA if SA was in your claim with PTSD? and attach new medical evidence from an IMO & ask the Dr if he can state the SA is secondary to the PTSD or wait a few weeks to see if they rate the SA? then do the above you have to get a rating before you can Appeal a decision. They do rate each disability separately & usually rating the higher disability There are no limits as to how many Appeals a Veteran can have. Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System). A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year. There is no limit to the number of decisions or ratings with which the Veteran may disagree. There is also no limit to the number of NODs a veteran may have pending at any given time. A Veteran may also continue to file new claims while his appeal(s) pend JMO ....................Buck

Yes Honorable Discharge is the best a veteran can get! However it would not matter Honorable or Medical Discharge. Getting a VA Approved Loan has nothing to do with your rating...Although they do use your income , so being 100% disable Veteran helps. Your a qualified Veteran ..that's all you need & of course proof you was in the military (DD214) Usually the Realtor will get your MCE (Military certificate of eligibility.) Be good to act on this soon because of the lower interest rates and veterans do not have to have the ''PIR'' (Premium Insurance Rate) Good Luck & Happy House Hunting! ..............Buck

What should I do if I think an error was made on a previous disability decision? Published 05/08/2006 05:52 PM | Updated 01/16/2013 02:53 PM What should I do if I think an error was made on a previous disability decision? If it has not yet been a year since that decision was issued, you are still within the time frame to appeal the decision, and you should file a Notice of Disagreement. This must be submitted in writing and specify exactly your disagreement with the decision you received. You should refer to your decision notification letter and the attached VA form 4107, Your Rights To Appeal Our Decision, for further guidance on filing a Notice of Disagreement. You may download a copy of VA Form 4107 at: http://www.vba.va.gov/pubs/forms/4107.PDF . If you do not have a copy of your decision notification letter, VA can send that information to you. You may contact the VA regional office to make that request by going to VA's web messaging site, https://iris.custhelp.com . If it has been more than a year since VA made the decision that you believe is incorrect, that decision is now final. If you wish to have that decision reviewed, you will need to specifically identify the error you believe was made, such as the determination of service connection, the effective date, or evaluation for a claimed disability. You will also need to identify the factor(s) that resulted in an incorrect outcome, such as the incorrect application of the law. It may be best to discuss your personal situation with a VA or Veterans Service Organization representative who can advise and assist you with your claim. VA offers a web site list of most National, State and local veterans service organizations at: http://www1.va.gov/vso/ .

I don't know if this is true or not but I heard the man and wife that started Home Depot....got a bitter Divorce years ago and the wife started Lowes to be in competition with her EX. Anyway I thought that was something eh! .............................Buck

Yes, if you served minimum of 2 weeks and received a medical discharge and you have a DD214 The your quilfied for benefits. I help a fellow veteran one time that spent 2 weeks in the Army and 2 weeks in an army hospital he fell in basic training broke his back and the surgery he had (private Dr) caused him to be disabled he was preciously was medically discharged he did received a DD214....Years later say 45/47 years later when I met him he was on SSDI and never paid into the system maybe a few months was all he was getting about 800 month with SS... He was having finical problems paying for his pain medication he was on a surgical implanted morphine pump but not getting Medicare at the time because of his age under 65. (he turn 65 and got Medicare) I took him to the VAMC with is ID and DD214 and he started getting his meds at the VA. I was working on a claim for compensation for him but he died in his sleep before we filed. his wife had died about 8 years before he did. ..........Buck

"4.3 Resolution of reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See § 3.102 of this chapter. [40 FR 42535, Sept. 15, 1975]" 38 CFR 4.3 Etiological Diagnosis is a process of determining the nature and cause of the disease or injury through evaluation of the patient history exam & lab. So I think no. 2 would be more beneficial to the veteran as for as related to service. jmo ............Buck

correction to post #12 after further research VA's failure of duty to assist does not raise the lever of a cue claim. sorry! ..................Buck

broncovet, if they grant you TDIU P&T I Believe your entitled to all your retro even if it was on a remand, the date you filed for increase should be your EED....This is of course they award the TDIU P&T. If they don't award the P& T Appeal the decision. because there low balling you by not awarding the P&T P & T makes a big big difference as for as your retro. RO level can and should expedite the TDIU P&T JMO .....................Buck

kleinUSMC I Assumed he had filed a NOD ''after 6 years'' & was awarded to 90% and if the VA knew he could not work because of his SC. disability's its the VA duty to assist this veteran in which they did not. unless the NOD was Moot because he failed to file the NOD within one year? cue JMO .............Buck

broncovet, enlarged heart is the cause of sleep apnea? Dang I better get my heart check out too. I am waiting on a sleep study from the VA??...IF I Don't hear from them by the 4th of next month I have a 6 month check up....I'll ask then...some times your Dr can put in for something like sleep study and if the clerk was busy with something & he/ don't write it down was busy ect,,ect, it never gets ordered...(from my experience anyway),....then I 'll tell my Dr. Thanks For the reply's Everyone ...............Buck