Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

Buck52

HadIt.com Elder
  • Posts

    13,795
  • Joined

  • Last visited

  • Days Won

    220

Everything posted by Buck52

  1. OKAY I SEE, Please post the decision if they give you the smc based on the Howell vs Nickloson . I might can go back to 2002 and get the SMC UP TO 2015 WHEN I GOT IT FOR ANOTHER DISABILTY SEPERATE FROM MY TDIU P&T The SMC WAS NOT AWARDED TO ME WHEN I GOT THEY TDIU P&T BACK IN Dec 2002. hey thats my 20 year protection next month yahooooo SO MAYBE JUST MAYBE IF YOU WIN THIS I MAY FILE A CLAIM FOR SMC S ask that it go back to 2002 to the year I did get it in 2015.
  2. Well I recommend you get an ACCREDITH CERTIFIED TO THE VA COURTS VA Claims Agent with at least 15 or more years experince. or an attorney with the same resume. to help you win this. i WISH YOU THE BEST WITH IT AND HOPE YOU GET THIS.
  3. Mr CUE if your bases this on when you was awaded the TDIU you will be denied until you have another seperate and distink disability rated at 60% or more no SMC for you. I think you have these people AND JUDGES confused or they are just Ignoring your request for the 2001 TDIU WITH SMC BASED ON HOUSE BOUND IN FACT SIGHTING ''HOWELL vs Nickelson you quoted '' '' I was granted tdiu 2001 based on the neck 60%pt. And have never work since service. all done to not address my smc in the proper light'' This 60% is in part of your TDIU Disability you need a seperate disability not connected to your TDIU. = RATED AT LEAST 60% OR HIGHER. or unless they go back to May 9th 2018 when you were awarded a seperate disability for 100% if this is tide to your TDIU NO CIGAR ON THE SMC. and it has to been from your military service. the TDIU is what hurt you getting the SMC (JMO) I Have the SMC AND ALSO HAVE THE TDIU P&T BUT THE SMC AWARD WAS FOR A TOTALLY DIFFERENT DISABILITY NOT TIDE TO MY TDIU P&T
  4. Thank you all I am dealing with the SSA And the VA, THEY (VA) Sent me a letter informing me about reduseing my spouse benefits but they also mention I could appeal it and keep my /her dependent $$$ until the claim is denied or approved...so I filed a claim on that...Yes I realize it will be denied (taking my spouse benefits away) but since they said I could appeal it then I would keep on getting her benefits...so this buys me a little time maybe a few months anyway. I did sell our new car my wife made the payments on that so now I am out of the payments which helps me a lot , because with her SSA AND What she got at the VA WAS AROUND 1700.00 MONTHLY And now thats all gone except from the VA And it will be denied soon I am sure. but in the mean time I'll take what they give me. i AM TRYING TO SEE IF I AM ELIGABLE FOR ME WIFE SS Benefits or at least half of what she was getting...it will definatly help me out. ALSO THIS The VA Presumes this for ON THE GROUND VIETNAM Veterans, Also beaware of this During 2020-2021 VAand the DoD UPDATED THE LIST OF LOCATIONS TO THE A.O EXPOSURE NEW INFORMATION TO SEVERAL LOCATIONS IN THE US, AS WELL AS OVERSEAS INCLUDING THAILAND, KOREA,AND IN ONE CASE aLABAMA MISSISSIPPI, IF YOUR LOCATION AND TIME FRAME IS ON THE LIST AND YOU WERE PROVIOUSLY DENIED BENEFITS BASED ON THE HERBICIDE EXPOSURE YOU CAN FILE A SUPPLEMENTAL CLAIM I need to skim through the new regulations as they have added 3 that I know of mostly for Vietnam Veterans for the new A.O. presumptions 1.Bladder Cancer =MYLOIDOSIS,CHRONIC , B CELL lUKEMINA, CHLORANCE,DIEBETES MELLITUS TYPE2,hodgkins Disease,2. Hypothyroidism Ischemic Heart Disease MULTI MYELOMSA, Non-Hodgkins Lymphoma 3. Parkinsonism parkinsons Disease , Peripheral Neuropathy (Early on set), Porphyria Cutanea Tarda, Prostate Cancer,Respiatory Cancers, Soft Tissue Scarcomas. If you have any of these or the systomps please check with your Dr or your VA PCP Ask questions and get Diagnose for any of this ...File your Claim SOURCE: 2021 AGENT ORANGE NEWSLETTER. IF YOU DON'T GET THIS LETTER 3 TIMES A YEAR YOU CAN SUBSCRIBE AGENT ORANGE NEWSLETTER SEND IN YOU NAME LAST 4# ADDRESS TO Health Outcomes Military Exposure ( 12POP5) Dept of Veterans Affairs 810 Vermont Avenue N.W. Washington,DC 20420
  5. Hello everyone I am sorry I have not been on in a while, just some unusual circumstances I had to take care of after I lost my wife to Robitic Lung Desease. (its a desesase that basicly frezzes the lungs and keeps them from inflating to breath create oxygen to breath) , they tried everything under the sun to no avail , After 3 weeks on the Vent and being sedated and parylized they had to take the ventialtor out and she lasted about a minute before she passed. I never got to speak to her in the hospital but I did talke to her and hope she could hear me it was a very sad time and I hope none of you have to go through that. This has change me and hopefully for the better all you veteran out there that has a loving caring spouse please help her more and more and take each day serious, We never know when its our time this flat floored me. I plan on getting back to hadit and hopefully help some lost vet that needs his benefits. this is what Hadit is all about and making knew friends and enjoy each others commarodery <ms... I am ok just been depressed and greiving lately...time will heal I hope its hard very hard to keep on going after losing my spouse of 48 years she was my best friend and did most everything for me she helped me with the VA and type up a lot of letters for me, she was a wounderful person and knew most of ya'll ms Tbird and Ms Berta broncovet and broncovet and asknod jerald cook and john basser from the hadit podcast show and all the great guest on the hadit podcast show like Dr Craig Bashand all the VA ACCREDITH CLAIMS AGENTS AND ALL THE KNEW PERSONAL WE HAVE HERE ON HADIT TODAY.. LIKE GB Army and shrektank1 and some others I can't remeber their names but all you knew veterans please listen to what all these people are telling you guys you can take their word to the Bank These claims are somewhat harder /slower due to the covid 19 crap but its getting better and better everyday, just be patient and hang in there you will eventually win your claim/claims never give up thats what they want. don't let that happen. ALSO you knew veterans and some of you regulars please send in a donation help Ms T bird out she helped us unconditionaly its our turn to help her. Blessing to you all Buck52
  6. Some good Information here guys check out these CFR's and case mentions above , read educate yourself. ''it is important for Veterans and their representatives to know these duties and hold the VA to them.''
  7. Will do GB tHANKS Ms Berta Thank you for all the prayers at your church , Jesus must new some things we didn't like how she would have to live if she made it off the Ventilator she most likely would not had a good quality of life and I know she would not want that...so in my mind and my heart I think Jesus made a good decision and I am ok with that. ...sometime things like this we don't understand so I ask Jesus to heal her and let her come home but day after day she just kept staying the same and I had thought we need patients and wait Jesus will heal her, but she never got any better her lungs just would not inflate like they needed to after the double pneumonia the fluids did havc on he lungs and it turn into GRSD which there is no cure for...the lungs either would improve after a week to 4 weeks or they won't hers would not improve and there were no hope it was sad seeing her all sedated up and paralyzed. for 16 straight days I never got to talk with her or anything the whole time she was in ICU..... I spent 48 years of nothing but great happy years with her she made me happy all those years and never once complained about anything how she felt or whatever if she got sick she was sick sick, she never meet a stranger and she had a wonderful personality ...everyone that met her liked her she had a outgoing personality and love to laugh a lot ..we had a wonderful marriage and I was happy all those years. she waited for me to get back from Nam and her mother said oh honey he will forget all about you and find someone else when he gets home she said no mama he is the one I am going to marry him and only him...and she did....she was 18 years old and I just turn 20... we never had a nice big wedding and she never wanted a big white wedding dress like most girls back then she just said we can get married at the JP at the downtown court house and that's what we did her Dad And her Step Mom were present. she loved her jeans and very seen in a dress ...she was the love of my life. it was a marriage that would endure in a wonderful life for both of us until her health started failing her the last 10 /15years or so although she had heart by pass surgery in 2005. She never complained about that either she was one of a kind and I am glad she was my wife all those years. no complaints for me either. so until we meet again in the external life with Jesus I wait my turn and keep Jesus at my side the rest of my life...UNTIL I MAKE CROSS OVER TO THE EXTERNAL SIDE Thanks everyone I feel alone after everyone goes home not sure what my future holds for me now.
  8. I will detail the Highlander and put it up for sale about 34.000 and go from there I can't take less than what I own on it my daughter0in-law is good on social media and can put up for sale. Highlanders do have a good resell value especially if its low mileagethis one has 11 893 miles on it right now and been kept in the Garage,,,it still liker brand new as the new car smell. Oh well If I have to pay on it another year or so guess I have no choice. Anyone know about SS DISABILITY INCOME? My wife was getting about 1100.00 month from her SS disability , she turn 67 days before she passed and that made the car payment....but if it stops that will hurt me some , My VA Comp paid all the other bills and mortgage payments and credit cards...not much left after that. Anyone know if I can check with SSA and see if they have anything to offer the other spouse after death? Some one said they think I may can get half of what she was getting on SS Disability? If this is true it sure could help me out.
  9. Well today I sent my VA Regional Office a letter with my wife SS # AND HER CLAIM # She had just got the A&A as most of you knew about it paid 160.00 monthly and was current. Also her dependent status was about 175.00 monthly or close. Anyway I sent the letter to my R.O. and request they take her off my compensation as a dependent and told them what happen and date and her SS # AND Name address. I did get the certified sign receipt at the P.O.. Now Her SS Maybe different I may call them and see...to cancel her SS. IT WAS ABOUT 1100.00 MONTHLY which may hurt me now we just perched a new Toyota Highlander 2019 back in Dec 2019 We very seldom drove the car due to her Dr's appoinments... and hospital stays these last two years..it has about 11, 893 miles on it still has the 36.000.00 factory warranty but anyhow her SS Check paid the payments and insurance and a few other Bills...this will hurt me. I will try to sell the car to private party and see??..but we/ I still own about 30.000.00 on the dang thing. IT HAS LEATHER SEATS AND MID Trim its the middle of the line...its a very nice and comfortable car with 8 speed transmission V-6 , at 75 mph the RPM Gauge sits about on 15000 rpm as opposed to my Toyota Tundra 75 MPH The RPM Gauge sits at 21000. RPM Meaning the 8 speed transmission saves gas as the engine is not running high RPM'S AT Higher Speeds. new tires as we perched this car Brand new off the show room floor about 10 miles on it when we got it, its a dark burgundy Color Ohh La La Rouge..look like dark burgundy to me.
  10. Thanks everyone I do need to call my R.O. in Waco Tx and let them know,,,about this so they won't keep sending me over payment as my dependent and the 160.000 month she was getting for A&A. I'm not sure what her dependent pay is? its not very much `75...maybe 200.00 monthly it should nt be over 460.00 monthly. plus I need to call SSA. THIS IS ALL INEED TO LET SOMETHING LIKE THIS SLIP BY and they send me a big bill of over payment. anybody know if I can just call my R.O. or send in a form #?
  11. My wife passed away peacefully on 10/06/21 @ 3:40 pm services are pending. I will try my best to get back on hadit but right now I have a lot on my plate, her mom is staying with us and is not in her right mind and she is prone to falls it's hard for me to go anywhere I can't take her with me and I am afraid she will fall she 83 and feable. Thanks to everyone that sent prayers and for your support during this rough time in my life. Blessings to All.
  12. Thanks everyone for your prayers special thanks to Ms Tbird &Ms Berta and broncovet for their encouraging words and information &support. my wife has had it bad these last couple of weeks , unfortunately her lungs is not getting better they are no improvement what so ever, they put the trach tube in to basically buy more time for her lungs to heal but doing so they have to keep her heavly sedated and keep her vitals stable and her organs working...this morning they called and said her blood pressure was falling fast and the medications they were giving her were not working, so the only other possible thing to do was put another line in her artery to get more accrete information that could help then determine what medications work and what don't ect,,ect,,, They said after this there's nothing left they can do her body is just stopping. so I now have to prepare for the worst. & start making arrangements. 48 years of a wonderful marriage is what we had together she is my best friend she did everything for me cooked clean went to the grocery store on her own helped me when I was sick paid bills even helped me deal with the VA at times and she never once complained, I use to say to her Babe you don't need to cook or whatever it was she was doing at the time that took a lot of work but she would just say I don't mine I Love you and always will, she hardly ever got mad, we had arguments sometimes but they were always solved in a kind and caring way and we would make up. This is all is upsetting, but I must Place my trust in God Hand's and accept what happens. were all going to be there sooner or later. I wanted to thank each and everyone of you guys for your support during this dark time in my life y'all are like family to me and your friendship means everything to me ,MY TWO SONS HELP ME TREMENDOUSLY without them I'd be lost... I have no close friends here at home, I go to church and that helps me, but coping with this is very hard, but with all y 'all's help support and prayers it makes it somewhat easier to cope with but its never ease ....I am numb and afraid. Afraid living by myself. I don't know when I will get back on hadit but I certainly will it just maybe a while. I need to grieve in my own way and just keep on living out my life. Thank you all from the bottom of my Heart God Bless Everyone
  13. pacmanx1 I may find me a VA Claims Agent (experinced more than 10 years Accredieth & Certified to the courts . AND SMART!!! theres a guy right up the road from me bout 12/14 miles works out of his home, I Was relooking in my C-file today and theres not one rating sheet with the form # 's matter fact theres not any VA WORK SHEETS WITH FORM #s. They have the rating sheets and work sheet but there not any form numbers on them OTHER THAN THEY HAVE THEM PAGE NUMBER like page 1 pagr 2 page 3 page 4 ect,,,ect,, no VA Form numbers ...just the applications when I filed and NOD AND REOPEN for reconcideration. AND FILED FOR INCREASE THOSE VA FORMS ARE CORRECT. I PROBABLY HAVE ABOUT 10/15 BLANK PAGES IN MY C-FILE. WITH DATES STAMP ON SOME OF THEM CLEAR AS THE SKY...NOTHING ELSE...? There has to be some forms missing out of my C-file? OR SOME NEVER COPPIED OVER..TO THE DISK? THE ONES THAT DIDN'T COPY OVER TO THE DISK GET DESTROYED OR AS BRONCOVET SAYS ''SHREEDED'' The latest claim I filed was for PTSD back in Oct 2014 Approved in March 2015 all of the adjucation for that claim is correct SMC S House Bound PLUS RETRO WAS CORRECT TOO. thats all correct ,NO BEEF WITH THAT. It's the first date I applied April 22 1998 for my very first claim not including the forms I filled out back in 1974 when I went to school on the G-I bill for 4 years... that seems to be all correct .. educational allowances. . APRIL 22 1998 to 2003 dates that I question especially when I got 50% I found where I first applied for increase and it was in April 1999, 2000 is when they approve my hearing loss for 50% although they service connected it back to April 1998.at 0%... .moving on up to 2002/2003 I had a DRO HEARING IN 2003 AND THE DRO AWARDED ME THE TINNITUS AND 30% INCRASE ON MY ALREADY 50% HEARING LOSS FOR A COMBINED RATING OF 90% SINCE i HAD NOT WORKED FROM 1999 99 IS WHEN I GAVE UP TRYING TO WORK OR FINDING ANY JOB I COULD DO...ALTHOUGH I HAD NO DR RENERING ME I can't work due to my bad hearing...we never knew we needed that back then...but appling for an increae is also applying for the TDIU and theVA Failed to look at that. so something is very wrong in my C-file and the way they adjuicated my claim... at the time I was just so glad to get approved for the TDIU P&T. Back then I never persued my claim any further only a few years ago until broncovet got his EED moved back a few years with over 100.000 $$ owed to him plus another 30.000.00 or so when they never added his dependents.... this got me curious and I started reading my C-file...so I need a VSO that has approval to have the VBMS ..SO he can look deeper in my claims from 1998. VA CLAIMS AGENTS most of them have access to that. so Iwill certainly check with this GUY. I let another claims agent look at my files and he could not see anything in it and it was not worth his time . B.S. Anyway if I just get a 1 years retro or maybe 2 years thats a pretty good hunk of change and a better EED....and I am hopeing this new guy will help me...WE'LL SEE? I JUST NOTICE TONIGHT THAT THEY ARE NO FORM #'S ON MOST ALL MY RATING SHEETS./WORK SHEETS. just page numbers is all.
  14. I am not so sure they did a audit on my claim they said they did but didn't have records that go back that far. I will copy the denail letter and post it. They actually didn't use the word '' denied'' Date of letter=July 15, 2021 it says nothhing about Appealing it. ''We recived your statememnt in suppor of Claim requesting an aduit of your claim file back to 1998,on June 21 ,2021Unfortuately we do not have access to actual payment records that go that far back,We did review you're file and could not find any errors in payment or awards issues, though.'' ''Also retro active pay only pays you the diffrance between the new award and what you actually already recieved for that time period , from that time period on there is no retro paymets due.'' ''VA pays in arrears whch means your award payment for october is not actually paid until November.''
  15. No it did not. I am gathering up my records and putting things inline to file a CUE. May wait until next year after I get my 20 year protection in. but right now I am gather all the information I can get so they can't deny me. brocovet is helping me or were communicating by email. According to the DAV Letter I recieved they say if I am unsatisfied with the decsion I 3 options to disagree 1.Summplemental claim..//New and Relevant evidence=file wihin 1 year 2.Higher -Level Review, if no new evidence file the 20-0996 Can have a telephone confrance to point out certain errors in the case. 3 Board of Veterans Appeals use the va form 10182 chooes one of three options Dierct Option 2.Evidence option with a 90 days to reconcider their decision file within 90 days. Basicly just like a Normal Appeal but It will be a CUE Claim and they are not Normal...LOL
  16. I Was Looking through my C-FILE ..OVER 5.000.00 PAGES not to bad now that its on CD. Anyway I first filed for hearing loss April 1998, was denied right off the bat, Appeal that first denial and summited more evidence using a Private IMO...that claim was denied, MOVEING ON TO 1999 SILL UNDER APPEAL TIME LINE. OK IN 1999 they SHOW THAT I Reopen this claim and was given service connection but 0% rating.. I filed for increase in 2000 and was given 50% rating on the private IMO, but here is the kicker the IMO I summitted was the earlier one from the second denial the reason for the denial was they said this Dr did not go by the VA Guidelines and could not be used for rating purposes, now in 2000 with the 50% increase claim they used this same test to make there decision for the 50%. Which I should have got back in 1999 or 1998 but since the private Dr IMO did not use the VA Guidlines I was denied but later on I think they caught this error and gave me the 50%...in 2000 the error was they used private test to give me the 50% that was not supposed to be used for rating puroposes. I had a DRO HEARING IN 2003 and was awarded a 90% combined rating for tinnitus and severe profound hearing loss which the DRO did GO BACK TO 2002 FOR THE EED,from a specialist I used this time that did use the VA Guidelines and used the Maryland CNC word test..everything on this test was legit and according to CFR/38 Rules. BUT THE 50% IS IN QUESTION HERE. WHAT HAPPENS IF THEY USED A HEARING TEST THAT WAS NOT SUPPOSED TO BE USED FOR RATING PURPOSES and they used this same test to approve me for the 50% in 2000. something seems awfully fishy here. I know not to look a gift horse in the mouth but if They used this test and gave me the 50% then why not go back to when I first filed in 1998.??? anybody have a clue?
  17. After reaching 100% scheduler or TDIU P&T Should a Veteran continue to pressure his benefit's? ( Absolutely ) We all earned the rights to our benefits and if your 10% or 100% and you have other conditions that are disabling to you caused by or related to your military service or perhaps a secondary condition from your rated service connected disability...Why not file for it ...rather or not you get more compensation or Join the SMC Veterans. you earned that right. America is paying their debt owed to all us US Veterans.
  18. Mr Cue I applaud you for staying on top of this , Everyone says its up to us Veterans to proceed with our claims and never give up , I wish you the best in your fight for your benefits its just a darn shame this happens to veterans or certain veterans I wish you the best outcome and you get what your fighting for Again I applaud you my brother. About all I know to tell you is if you haven't yet called the white house Hotline and let that person know what all you been having to deal with as for a the court remands. ect,,,ect,, waiting and waiting and fighting with this call them and give them a piece of your mind..it may help or it won't hurt. White House Hotline# 855-948-2311
  19. Roger that broncovet, I happen to have a VVC APPOINTMENT with my VA PCP Tuesday 9/7/.21,,,I need to go to my VAMC TOMORROW and do labs but there not operating Monday? at the lab? so I will call them and see if I can go ahead and come in and do labs tomorrow (Monday 9/6/21) I will ask my VA PCP Tuesday on my vedio appointment at 11:30am I am prone to falling a lot.
  20. ok sorry, I never seen your links. Your rating is continued the same,,,which reflects the 70% rating & the rating formula according to your symptoms & according to what the C&P Examiner check in the boxes which your symptoms best fits the 70%rating you were denied the increase for PTSD . and is continued at 70% Here is what you will need as for as the 100% PTSD symptoms Rating FORMULA. ''Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.'' I would give an opinion that your VOC REHAB COUNSLOR is actually saying your not unemployable. and what he/she put in her report hurt your chances for the TDIU . YOU need to find a Qualified Dr to say why your MH Condition known as and a rating given 70% PTSD , why this keeps you from being unemployable./why.....remember filing for TDIU IS also filing for the increase and these people are saying your not unemployable. you need another IMO IN YOUR FAVOR from a qualified Dr, detailing why your unemployable & can't do any type work including sedentary work or learn another trade and that it would not be feasible to retrain you due to your service connected disability's you need to wait and see what the new decision is? if its denied then come back and let us know why they denied you? Based on what you posted you never filed new and relevant evidence...so they based their decision on your old evidence which reflects the 70% for PTSD.
  21. Georgia12345 Not sure what it was you were claiming to get denied?/? if you can put up a redacted copy of your denial we can better help you , we need to know their reasons they denied you in their own words. what evidence they used ect,,,ect,,, black out your name and claim # personal info. As for as your MH Claim it could be MDD ( Major Depression you can have private treatments records also...since you have a combined rating with different disability's you have a 90% combined rating 50% and 70%. you will need a letter from either VA Voc-Rehab counselor known today as = The VA's Vocational Rehabilitation and Employment (VR&E) or a Dr stating why you can't work or why your not feasible to retrain at this time...due to your service connected Disability's Also double check your 70% rating for PTSD? WAS YOUR SYSTOMPS ENOUGH FOR THE TOTAL 100% PTSD Rating? If you have a 90% combined rating and you file for another separate & distant condition rated 60% or higher you should get the SMC S Housebound...they add that to what your already getting paid usually the SMC S HOUSEBOUND PAYS AN ADDITIONAL 370.00 BUCKS MONTHLY.
  22. broncovet I took a class at the hospital (private hospital not VAMC) Anyway I do the IV's on her its not to bad but a lot to remember like time the IV's must be Administered on time ONE ANTIBIOTIC is every 4 hours and and other one ANTIBIOTICS IS EVERY 12 HOURS and I need to flush the IV's And then use the antibiotics and get them started and I must always use a alcohol pad to clean disinfect her IV Pic for 15 seconds......the R.N. comes out to clean her drain connection where they are surgically Implanted on a temp bases until her scheduled surgery removal of her ruptured gallbladder Sept 16th...I have to do these IV's everyday until her surgery date..I been doing them now for the last 2 weeks. its hard because this is around the clock everyday can't miss any IV times. The R.N. THAT COMES TO THE HOUSE IS A VERY NICE 27 YEAR OLD RN AND VERY PRETTY SO I DON'T MIND LISTENING TO HER SHE IS EXTRA NICE THANK God. AND A SIGHT FOR SORE EYES.
  23. Yes we got retro from the date the Dr letter mention she needs assistance from another person which the letter was dated Jan of this year we got 5 months filed in May was approved in June 2021...they sent us 800.00$$ 5 months retro from the Dr's letter date. rendering her she needs the assistance from another person. Again I want to thank everyone on this that help me/her. we appreciated it very much.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use