Buck52

yes I would if I was you! sending stuff to the RO could take a lot longer the RO will send it to the intake center when they get ready if they don't lose it. this is why asknod was referring to send it twice just incase. & Always get the sign return receipt aka (GreenCard) jmo ..................Buck

Yes Chris this is very helpful. A great demonstration! Thank you for your time helping us veterans understand the complicity of the VA. Be good for you to join Jbasser and Jerrel Cook as there guest on the Hadit radio podcast show some times. ...................Buck

No you don't. you can look up the disability's rating here on hadit and read what your ratings should be & if you don't agree with there decision you can File NOD based on a higher rating for the disability's. jmo ...............Buck

Ms Berta BOD Rule benefit of doubt. Always is in the veterans favor? what is Relative Equipoise? is this basically mean when they don't consider the medical evidence that is critical to the veteran claim? And that they(VA) takes a Dr word over another? Even when both Dr are just as Qualified just the same with there back ground as of specialty's and credentials. Interesting! ....................Buck

Yes I agree J ......Buck

Yes I agree J but if they award the 100% for the current SC disability and terminate the IU & keep payment at 100%.. Actually I don't see a reason for the CUE. They failed to award the correct decision & now want to make it right? (I know I could be all wrong but that's how I read this) ) Although a CUE has been made as they Stated! how would that benefit the veteran? If they awarded the 100%.?? Now if they come back with a letter to ''propose a reduction''...then yes Appeal it as a Cue but I don't much think they will! broncovet posted this a while back 1. Appeal of RO denial of TDIU because it was moot was remanded. "In a 2009 rating decision the RO determined that the claim for TDIU was moot because in the same rating decision, a 100 percent rating was granted, which fully resolved the issue in the Veterans favor. However the Board notes the CAVC has recently held that VA has a "well established" duty to maximize a claimants' benefits. (Buie vs Shinseki, Ab v Brown and Bradley vs Peake) A TDIU is provided where the combined schedular evaluation for service connection is less than total, or 100%. 38 CFR 4.16(a). A TDIU is considered a lesser benefit tahan the 100% rating, and the grant of a 100% rating renders mooth the issue of entitlement to a TDIU when the 100 % rating is in effect. VAOPGCPREC 6-99; 64 FED REG. 52,375 (1999). In a precedent opinion, VA's General Counsel concluded that a claim for tdiu for a particular SC disability may not be considered when, as here, a scheduler 100% rating is in effect for a SC disability. See also Green v West, 1998, Vettese v Brown (1994). In Nov 2009, however, VA's GC withdrew VAOPGCPREC 6-99 in light of the decision in Bradley vs Peake. The Board recognizes the secretary is required to maximize benefits. See AB v BROWN 6 Vet App 35,38 (1993) (presuming that a claimant is seeking the maximum benefitts allowed by law and regulation); 38 CFR 3.103 a (2010). Actually we need more information on this one. ..........Buck

They (VA) Admits the CUE in the letter of Explanation! but don't give bases and reason (as why) http://s119.photobucket.com/user/snowwhite811/media/Scanva0001.jpg.html I think if they rate this veteran 100% for the SC Disability! My question would be why appeal it as CUE? But could go back to the award date and maybe get a better EED. Remember an EED goes back to the onset of the disability. or when the disability worsen after filing original claim. jmo .................Buck

© Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of §3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability. (Authority: 38 U.S.C. 1718(f)) (2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment. (Authority: 38 U.S.C. 1163(a))

I always thought the only way a rating can be terminated is if the VA finds evidence of fraud & incarceration. (jail time) However there have been cases where the VA awards TDIU OR IU when the veteran should have been awarded 100%.(For the disability....example if the award was decided on PTSD to be 100% SC but the veteran was below the 100% and the va rater decision was awarded TDIU/IU by the extra scheduler to bring the rating up to the 100% level then they terminate the TDIU and rate the the 100% PTSD Rating. Seems fishy they caught this...maybe the VA will send more of an explanation! A proposal to reduce service connected benefits will be they find evidence that the disability's has got better or not as worse as the veteran claims. If they terminated the IU Because they made a mistake ...they are trying to snooker you so to speak and rating you the 100% for your SC Disability's as they should have in the original decision. you may have a cue but if they keep you at 100% For your SC Disability its sure something to think about before you appeal as cue. JMO .......................Buck

Did you recently see your VA PCP? about your disability's or any new conditions? (even a 3month /6 month check-up update for meds) Was you admitted to your VAMC recently for anything? Was you or currently schedule for a C&P? & no show? What was your IU based on? did they use the extra scheduler to rate you IU?. Are you considered to have an overhaul combined rating of 90%or less but being paid at the 100% rate? if not?... sounds like they may have got your records confused/mixed in with another veteran. Have you received a letter from VA on a proposal to reduce? Do you have a rating of 60% /but they rated you IU because you could not work? ' need more information how they rated you the IU? & try not to worry! I'm sure the elder members with more expertise with these type of VA Related problems will chime in here.... hang in there! jmo ..............Buck

http://www.hughcox.com/v_Newnan_GA_Janesville_WI_Cover_sheet.pdf Just putting this out for the veterans that don't know about this...as of March 25th 2015 all inquires/Claims will be sent to the two Intake Centers depending on your locations to send it. East Intake Centers are for Newnan Georgia and the West Intake Center is Janesville WI. click on link and open pdf files.. The form has both address's and phone No's & Fax Remember this is where to send claims & not the RO. If you send your claims app to your RO all it does is makes your claim TAKE longer because after the RO receives it & ''when'' they decide to send it to the Intake Centers is anybody guess. ...................Buck

coastie72 Apply for SSD ASAP & Retire and keep on the VA ass until you win your 100% P&T. SSD & 100% VA Compensation makes for a fairly comfortable Retirement. and the benefits are great! you deserve every bit of it! .............Buck

Here is what I gave the SSA Clerk bout the on set date! because she didn't even know about the on set date rules or provisions. she probably was 19 years old ...eh! 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 Question 24 asks “What are the illnesses ..................Buck

Thank you Pete53 I think we be ok just don't know how long the wait is. .....................Buck

In response, the Secretary argues that the Court is precluded by statute from reviewing VA’s Schedule for Rating Disabilities. Secretary’s Br. at 14 (citing 38 U.S.C. § 7252(b)); Butts v. Brown, 5 Vet.App. 532, 539 (1993)). He also asserts that the rating criteria for IBS contemplate “whether the frequency or severity of . . . IBS symptoms were lessened or controlled with medication,” as the criteria “do not differentiate between a claimant’s condition with or without medication.” Jones v. Shinseki (2012)

http://www.hughcox.com/v_Newnan_GA_Janesville_WI_Cover_sheet.pdf USMC2311 click the link and open the pdf file it has a form you can get the address & phone & fax # incase you don't have it! ................Buck

Asomedepot68 They change it to highway miles...but be sure and get your confirmation before and when you check on that send in the longest road mileage (the 43.22 the map.) just a suggestion. ............Buck

Thanks asknod, Since the New forms change (as of March25 2015) I kinda thought it maybe the Intake Centers. I stand corrected. USMC2311. please disregard my information and send your form 9 to the correct intake centers depending where you live as to the intake center you send it to. I think if you live in the east part send it to Newnan Ga, if you live in the west part of the states send it to Wi (cheeseville) now if your over seas...I am not sure? Thanks Asknod ....Buck

Wow its the DD form Direct Deposit 24-0313 I wonder why it was not listed?? in the VA Forms Dept. oh well glad we know what form it is. ......Buck

Well Dr Bash mention that the form 21-526(b) covers a lot it covers New Claims or Reopen claims , claims for increase, claims for secondary....which is what I had assumed it was for. Oh well learn something new everyday. Buck

Well we got the Application in....it was a young girl I had problems understanding her she talk soft but my wife could. ...we were there little over a hour, the clerk mostly was typing, my wife told her about why she stopped work because her employer let her go because of her disability's,, wife presented her evidence medical records and D'r letter She ask her to make the on set date be Oct 2011 and she told us that they can't make her onset date back then because she was working in between...I had made some copies regarding the on set dates that was on the SSA web site she read it and made a supplement order form but advised that it probably won't be awarded...but she said it depends a lot on the medical information and the people who read it that makes the decision.. Anyway we know she will probably be denied on that we just hope she is awarded the SSD?...if she is denied on the on set date (when she became disable but still worked were getting an attorney to help with that because she falls in the category of what the SSA web site mention. The clerk said she should be getting letters within the next two/three month 'possibly for information ect,,ect,,, and possibly a decision in 3 or 4 months.....but like Hamslice mention the wait could be a longer wait. We hope that what I got coming in with the VA & My SSA Retirement will get us by the next 6 months or so. we just had a whole new Central Heat &A/C installed last year and financed it..a Bill we don't usually have. We have some savings but we don't want to get into that , but may have to . Oh well I mention to my wife we may go stock up the frezzer with bologna (on sale) and Bread the next 6 /12 months....she said yep & we can call it Round Steak. eh! Thanks Everyone for your help and suggestion/opinions we both appreciate you guys. ......................Buck

I Would send it send back to the RO that has your records especially if you have received SOC. However if it was the Phoenix RO send it to them.....on the 9 form its self it says to send it back to the RO that has your Records Others are welcome to chime in here because I could be totally wrong. since they started up the two different locations east & west intake centers in Ga & Wi? ...............Buck

I agree with jbasser ''opinions are opinions'' I think if we disagree with someone just agree to disagree, also to me in my opinion a lot of this is stressful anyway and some of us just get to personal & our feelings and emotions take over and some times the results are as stated above. I think everyone on hadit has good intentions helping veterans with their claims experience, even if some of us don't agree with some of the information, usually it gets resolved and another vet has learned more about the claims process. Everyone working together here on hadit is what makes hadit the web site it is. Most of us have learned a lot here on hadit and most of us have a lot more to learn. jmo .................Buck

Congratulations Buddy & I'm glad your friend talk you into going back to the VA & Filing your claim's Enjoy the all top notch benefits. ....................Buck

Ain't that the truth Ms Berta! It may help a lot of veterans figure out there benefits and appointments ect,,ect,, but it won't help veterans that don't use computers. jmo I'm helping a vet with his claim at present because he don't have a computer or know anything about them. were doing it the old fashion way snail-mail with return signed receipts. ...........Buck