Buck52

bronvovet gives you great Advice Add .....................Buck

demeat A reopen claim keeps your claim going, reconsideration I'm not to sure? Appeal the decision on the EED& the decision on Sleep Apnea & ask that depression is secondary to Sleep Apnea. attach new and material medical evidence in your favor! Seems they owe you the difference in the increase. and full pay from the 2013 decision. jmo others can chime in. berta /asknod carlie, jbasser, phillip rogers, broncovet, georgiapapa, Gastone,Free_Spirit are very sharp with VA They all have great Advice. Hang in there Buddy! .............Buck

I think they have the 90% just to not award the 100% a 90% veteran is pretty disable & should be awarded 100% in my opinion. what is the reason & bases mention? they make us fight for every inch. If the VA knew you could not work or find gainful employment because of your disability's and never deferred the TDIU. that's is a cue on them. Appeal this decision! .......Buck

Thanks scotter04 & NT I Called my pcp at the VA and she is going to make me an appointment for sleep study...she suppose to call me back. Thanks for the information I appreciate it. .................Buck

Do you have to ask your VA PCP about sleep apnea to request a c-pap machine? or does the VA pcp put in for a sleep study and then make the DX to S.A. to get the cpap machine? I can't sleep well and snore bad toss & turn? meds like melatonin don't help I take MH meds for MDD and other meds for pernicious anemia. I am dead dog tired all the time and feeling flat out fatigued...for no reason? I'm thinking its because I don't sleep much. I have an appointment with my VA pcp on the 3rd of June next month. Any advice is appreciated. ................Buck

Ms Tbird Has some good Information also about Filing CUE! .....................Buck

ranger11bv How long have you had all these claims ongoing?

ranger11bv Ms Tbird ask that you do not put your name in your post! yes you can use both types of information as evidence from VA or private medical providers. As for as this letter from sandy They make the decision based on the evidence of record obviously they didn't have enough on record to make a favorable decision (jmo) you can appeal to the BVA but you must submit new & material evidence to support your claim. in my opinion you need IME/IMO from a professional Dr With credentials as being a Board Certified Speclist is recommended. You need a favorable mental/medical report from a Dr....> like mention above. that shows what your claiming. jmo ..............Buck

Onset Date of Disability Question 10 says “Enter the date you became unable to work because of your illness, injuries, or conditions.” This date is called your alleged onset date, the date that you claim your disability began. The onset date is important and will affect how much backpay (retroactive benefits) you will receive if you claim is approved. The earlier your onset date, the more backpay you'll get. (For more information, see our articles about disability back payments.) If your disability began with a specific incident like a car accident, then this may be an easy question for you to answer. However, if your disability is caused by one or more illnesses that have worsened gradually over time, then the question will probably be difficult. Most people have never tried to remember the date they became disabled. The date of disability is usually considered to be when your medical condition started to make you unable to do your job effectively. If you have never thought about when you became disabled, sit down with a calendar or talk with friends or family to jog your memory about the history of your disability. For example, it may be that you were diagnosed with fibromyalgia in October 2009 while you were still employed, but the illness worsened over time and resulted in some poor job performance. Friends and family may be able to help you remember when the illness impaired your ability to work, and that would be your onset date. Another source of information that can help you establish your onset date is treatment providers (the doctors and hospitals you've visited). If you became disabled while you were seeing a medical provider, requesting and reviewing those medical records may help you pinpoint your onset date. Details of Your Disability

Date of Disability The second and more important factor regarding when a person's disability starts is the onset date of their disability -- that is, when their disability began. When an SSD claimant files an application for disability benefits, they indicate (on the application) when they think their disability began. This is known as the alleged onset date, or AOD. A disability claimant who has been approved for benefits will be given an EOD, or "established" onset date. The established onset date is set by a DDS disability examiner, or an administrative law judge (if your case has gone to hearing), and is considered to be the date for when a claimant's disability actually began.The EOD will be based entirely on the claimant's medical records and work history. In other words, how far back an individual's disability is determined to have began will be decided according to the evidence available from the claimant's doctor's reports, lab results, and disability application. For SSI, the date of disability is often before the application date, but the SSA won't set an EOD before the date of application (since SSI recipients can't get benefits before the month of application). In the case that the SSA says the EOD is after the application date, the SSI recipient would start to get benefits starting on the EOD rather than the month following the application. For SSDI, whether or not benefits will be payable back to the beginning of the 12-month retroactive period time will depend on the onset date that is established, either by a disability examiner or by an administrative law judge. But there is another twist in calculating the SSDI starting date: a waiting period.

I Understand the on set date can be when you first became disable but continue to work under certain conditions until you just could not stand or walk (certain previsions apply) example say your Dr render you disable in 2012 but you continue to work until 2014 under certain conditions and had to stop working completely because your disability under certain conditions or not... the onset date can be the 2012 date. but you have to have medical rational to back it up....or medical evidence that meet SSA rules. source :SSA RULES ABOUT ON SET DATES! ...................Buck

TiredCoastie Request your C-File Again from this Address Department of Veterans Affairs. Records Management Center. P.O. Box 5020 St. Louis Missouri 63115-0020 fax # 314-679-3732 telephone # 1-888-533-4558 your old request is probably setting on some desk in the mail room under a thick stack of papers. ..............Buck

Use the VA's own Regs to fight back! ....................Buck

rootbeer22 yes this can be rebutted! Go to a private specialist and get a second opinion just make sure the Dr is qualified certified in this particular field of medicine. Just let the Dr know your trying to get VA compensation and the VA is trying to put the screws to you and also mention to the Dr that anything he states will not come back on him/her as for as him getting into trouble with the VA (I had to tell a Dr that one time) it eased his mind and he gave me a good IMO. Just ask the Dr to address your issue and SHOW C&P the report to him/her about what the Dr stated in his report as to the statement ''it is'' less likely as not''service connected because of natural progression of the disease. tell the Dr you don't agree with that statement and you need his expert opinion. Question is would this still be a natural progression if this event never happen? After the Dr examines you then mention to him/her how the VA likes the wording as to his opinion or impression>>> likely to as not caused by military service or likely as not 50% greater caused by military service ect,,,ect,,, This is what the IMO/IME is for...UNFORTUNETLY at your cost to rebut this VA Dr Its costly but well worth the $$$ jmo .................Buck

ErinNick All the above information is great advise! I suggest You need to learn what the Abbreviation's mean in VA language...some are very important! if not all of them. Here are just a few CIB Combat Infantry Badge S.C. Service Connected NOD Notice of Disagreement IMO Independent medical Opinion/IME Independent medical Exam C&P Compensation & Pension Exam SMR's Service medical records C-File Claims file (your hubby's claim file) important to remember WHATS IN IT! SOC Statement of case SSOC Supplemental of Statement of case RO Regional Office DRO Decision Review Officer VSO Veteran service officer VBA Veterans Board of Appeals LOD Line of Duty. They are a lot more but these will help you get started. And always remember when you send anything in to the VA (Veterans Administration) Always get a return sign receipt (aka green card) Just keep posting here on Hadit and ask your questions you will get great advise. Ask any question you need or if your not sure what to do? just ask. you have found one or if not the best web-site on the entire internet for VA Claims & much more everyone is friendly and means well. we all want the veteran to get what he deserves and all his/her benefits. And remember as for as the time it takes to win your claim/hubby's could be any body guess...like Andyman73 mention every veteran claim is different in time wise, it can take less time or just as much or more time..we never know. my opinion a lot of it depends on who receives your claim for processing. IF your hubby is denied You can appeal it NOD (Notice of Disagreement)...he needs medical reports to justify his medical condition as critical & well informed evidence that it is from his past military service this has to be Service Connected...after that then you rely on medical evidence such as IMO's/IME's Independent Medical Opinion or Independent Medical Exam making sure the Dr's are well Certified/Qualified in the field of medicine you refer to. And remember this if someone from the VA tells you something on the phone ask them to send it to you in writing...> voice by phone don't mean much. He needs a VA diagnosis/OR From a Private Dr for his claim and it needs to be Service Connected....then your on your way to find out how well it is to be dealing with the VA. Hope this helps you out a little Bit And Welcome to Hadit Mam. ..............Buck

jmfdoc congratulations on your boost! Rootbeer are you SC for your conditions about the Tank gun explosion? or seeking increase for tbi? or both? if your SC already for the tbi be sure and check the EED on your decision when you get it , it should go back to the onset when the disability/tbi occurred (1985) of course you need a Dr statement to reflect that. If they say your EED started when you first file the claim its up to you to appeal that. (Dr statement) as it is within my opinion that the injury is a result of the Tank miss Firing and is likely as not 50%greater to have caused this veterans injury results in tbi... or something like that. ...........Buck

Just so everyone knows. I open this link from Ms Berta since a lot of veterans live in Rural Area and have the old fashion Dial up Modems. some can't open ULR Links my old ex neighbor is one! .................Buck

It amazes me that when you have the factual evidence in your hand and they still say your a liar. Makes me want to say who died and made you God? I agree with ASKNOD about having the N&M Evidence in hand and getting to clarify the significance & importance of it face to face. If a veteran has the new IMO and wants to send it to the board ''before his hearing '' who does he address it to? & get return sign receipt ( greencard) he needs to bring original copies of it to the hearing also....jmo this may help this veteran...better to have 2 whammy's instead of one. Hammer down Paul .............Buck

House Passes 5 Veteran’s Bills in a Day May 18, 2015 | Terry Howell Today the U.S. House of Representatives passed the following veterans related bills: •H.R. 1382, the Boosting Rates of American Veteran Employment Act would allow the VA secretary, when awarding procurement contracts, to give preference to government contractors who employ veterans on a full time basis. •H.R. 1313, the Service Disabled Veteran Owned Small Business Relief Act, would allow a surviving spouse of a veteran who has a service-connected disability rating of less than 100 percent, and who does not die due to their service-connected disability, to retain the veteran’s small business status through VA’s “Vets First” program for up to three years following the veteran’s death. •H.R. 1038, the Ensuring VA Accountability Act, would require the Secretary to maintain all written reprimands and admonishments that a VA employee receives in the VA employee’s file as long as they are an employee of the department. •H.R. 474, the Homeless Veterans’ Reintegration Programs Reauthorization Act of 2015, would reauthorize the Homeless Veteran Re-Integration Program until FY 2020. •H.R. 91, the Veteran’s I.D. Card Act, would direct the Secretary to provide an ID card to any honorably discharged veteran who is not a retired member of the Armed forces or who is enrolled in the VA healthcare system. Courtesy of the House Committee on Veterans’ Affairs. Read more: http://militaryadvantage.military.com/2015/05/house-passes-5-veterans-bills-in-a-day/#ixzz3ah4dVAaQ MilitaryAdvantage.Military.com

http://www.appealsparalegal.com/writsofmandamus.htm ....Buck

A single letter, however, may not prompt the VA to act. When this happens, we have a tool we can use to prompt the VA to act. This tool is called a “Petition for Extraordinary Relief in the Nature of a Writ of Mandamus.” Or, simply, a writ petition. Writ petitions are separate actions that are filed in the U.S. Court of Appeals for Veterans' Claims that assert that the Secretary of Veterans' Affairs, through his personnel, is refusing to take an action that legally must be taken. Such refusal can be shown through the passage of time or through other proof that VA is not acting on a claim in the way it is legally required to do. Notably, writ petitions cannot be used as a substitute for an appeal of an unfavorable VA decision, and they cannot be used to force the VA to grant a claim that was otherwise denied. Before filing a writ petition, a letter should be sent to the VA threatening to file a writ petition. The letter should be sent by certified mail or to the fax number for the VA Regional Office to prove that the VA received the letter. The letter should state that, unless the VA responds within a certain amount of time (for example, 10 days), a writ petition will be filed in the court. If the VA doesn't repond, the next step is to contact the VA Inspector General's Office and ask that they intervene. If VA fails to respond to that letter, then a writ petition may be necessary. Before involving the Court, it must be determined whether there is a legal basis for filing the petition. Such a circumstance would be where VA has expressly stated it will not take a particular legally required action. If delay is the basis of the petition, then that delay must be so extraordinary as to amount to an arbitrary refusal to act. A few months to even a few years will not generally suffice, but a delay of more than a year or two may, depending on the circumstances. A writ petition must provide a factually valid basis for the court to grant the petition. If so, the court will require the VA to respond to the writ within a short period of time – generally one month. Ordinarily, the VA will then take some action on the claim. That action may be as little as sending a letter to the claimant or it could be as much as a grant of benefits, or whatever the next legally-required action on the claim may be. If so, this will make the writ petition unnecessary (that is, moot), because the VA has taken the action it had refused previously to take. Although not technically a win on the petition, the VA’s response to the petition by acting on the claim amounts to a successful resolution. Sometimes, however, the VA will defend its actions and continue to refuse to act. In those circumstances, the judges on the court will decide whether VA’s defense is valid. If not, the judges will order the VA to take the action requested. The VA is then under a court order to do so. Although many writ petitions are filed, the court grants very few. In fact, since the court’s creation in November 1988, it has granted fewer than five writ petitions. Even though this represents only a small fraction of the number of writ petitions filed, the writ petition remains a useful tool for prompting VA to act. Category: Veterans Affairs

Your Correct Ms Berta! ................Buck

I had figured they should award the 100% just not sure how the IU was put in there? only via CUE & Obviously they caught it Congratulations! ...................Buck

less likely as not? I don't get that either but he has a '' at least as likely as not 50% greater'' They should deferred this claim for IU because his disability keeps him from working. so if not deferred and based on Ms Berta Assessment because of his records reviewed no & then a yes... he should file CUE. Imo I see a 70% rating and should be deferred to IU. .............Buck

Do you have a DX a Service connected Disability from your military days,? or a Dr reports that it was least likely as not happen while in military? Maybe other than a PTSD Dx? Injury or illness! I was in special operations while in Vietnam for 60 days at a time & had to have re-issue orders every 60 days to travel in-country without a convoy. They were only 3 of us at the time & (it was classified) I did this for 18 months. They got my records when I filed my claim...I realize its not the same thing as Black Ops ...but I had classified orders. Some records do not go into your c-file I am not sure there in my c-file at this time?..I never seen them so I assume they got them some where else? There has to be a way to find your records for a compensation claim. I'm thinking you need a Diagnosis of injury or illness while in military or after discharge. If you were in a combat zone Vietnam or in Desert Storm ,Operation Freedom ,The Gulf War, Iraq Afghan war boots on ground I believe you can go on presumption with explanation from you. DD214 should prove that. Ms Berta 1st the veteran you mention did not have a PTSD Dx?? the second the board mention he did not meet the merits? .............Buck