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Kgosi

Third Class Petty Officers
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About Kgosi

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  • Service Connected Disability
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  • Branch of Service
    Marines

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  1. No, eBenefits does not keep a copy of your file for your review. You can request a copy by submitting VA Form 21-4138 Statement in Support of Claim. Don't need any fancy language. Just request a copy of your claims folder.
  2. No, eBenefits does not maintain a copy of your entire file. Use VA Form 21-4138 to request a copy. You do not need to provide a reason, simply request a copy of your entire file.
  3. TDIU is simply Temporary Disability Individual Unemployability and IU is Individual Unemployability. TDIU is usually for convalescence from surgery or a hospital stay greater than 21 days. IU is due to your disabilities preventing you from working. Your 70% rating makes you eligible for IU but does not guarantee you a grant of IU. Keep in mind that when you were granted the 70% the VA reviewed your file for IU and determined you were not eligible for IU. Now, that may have changed with the worsening of your conditions. You would need to file a 21-8940 to file a claim for IU along with a 21-526EZ. Be sure to supply your employer information for the last 5 years you worked. The VA will only go after employment info for the last year you worked but you still need to supply 5 years of information. One last thing... know that there is always the possibility that the C&P exam could result in a reduction if you disability has improved.
  4. If the letter you received is truly a development letter than no, you have not been denied. You will know for certain whether it is a development letter or an decision notification if you are given appeal notification or not. Development letters do not contain the Appeals paragraph. ALL notification letters must contain the Appeal paragraph, whether they grant or deny. Now, if it is a development letter be sure to respond within the time frame provided. That is usually 30 days but there are several exceptions to that. It could be as little as 10 days.
  5. The Companion EP for COLA Adj Based on 800 Series WI (New) simply means that your Cost Of Living Adjustment for 2016 did not process automatically. This usually happens when there is a pending claim at the time when all of the COLA's were processed on 12/1/16. So, the 800 work item was automatically generated in order to have it manually processed. Since the COLA for 2016 was a measly .03 percent it means you get an extra 3 cents for every $100 dollars.
  6. I completely understand your concern, so I suggest taking the VA DBQ to a private physician that specializes in knees and have him fill out the VA DBQ 21-0960M-9. Once completed you can file it with the VA and they probably won't even schedule an exam. You can get a copy of the form here http://www.vba.va.gov/pubs/forms/VBA-21-0960M-9-ARE.pdf Best of luck!
  7. Yes, the VA does not solicit a claim unless they believe a Vet will qualify. Mind you, it is not a guarantee, but one well worth going for. He should file for IU on VA Form 21-526EZ and submit VA Form 21-8940 with it. Note: if he was eligible for IU at the time of the first rating the VA would have granted it at that time. The problem is the VA requires information from former employers before granting that rating, and they can't go after that information without the Vets consent. Hence, the need for the 8940. There are special circumstances that apply for IU without the 8940 but they usually deal with catastrophic illnesses.
  8. Lots of stuff going on, but let me see if I can add a little helpful information. First, getting TDIU with a PTSD rating of 70% is not unheard of. In fact, it is fairly common. You should file for TDIU on VA Form 21-526EZ and submit VA Form 21-8940 with it. The VA will contact your former employers for statements, but do not let that dissuade you. As long as they do not reply that you were a great employee who left of his own accord, then you will probably get the IU. That would put you at the 100% disabled compensation rate, but your PTSD would still be rated at 70%. Confusing, but that is how it works. There are only a couple of reasons to go after other disabilities. The first is that if you can obtain a 100% rating along with 60% ratings for distinctly separate disabilities then you would be entitled to additional compensation under Special Monthly Compensation (SMC). Some pay out at significantly higher rates. Second, you may want the VA to acknowledge the other service connected disabilities for treatment purposes, but overall they will treat you for everything anyway, so that probably isn't a priority. Third, your PTSD may improve over time (hopefully) and then the VA will reduce your compensation. Having the other disabilities rated would keep you at a higher rate. One last thought, the more disabilities you have the greater the hassle of dealing with the stress of filing claims, getting upset, and exacerbating the situation. Do what you feel comfortable with, and don't worry about inconveniencing the VA. The VA can take of itself. One note on the fiduciary. The VA has to provide you with 60 days due process prior to appointing a fiduciary. That letter will be VERY clear as to what they are proposing. If you receive one, just go to a private psychologist/psychiatrist and obtain a recommendation from them that you are competent.
  9. If the VA did the MRI they will certainly take it into consideration. If it was done somewhere other then the VA then you need to make sure they get a copy of it. As to the knee replacement, keep in mind that the VA will probably reduce your disability after the knee replacement. But I agree with you, if I could run again I would be willing to give up my VA disability comp in a second.
  10. Yes, you should have received a decision regarding the exam. This type of rating decision is simple and the VA is on top of them. I would call the 800 number and ask them to resend the letter. The decision must have been finalized by now.
  11. Any vet that files a claim within one year of discharge will receive at least a general medical exam if he/she submits a claim within one year. I repeated that intentionally. If it is submitted one year and one day then that Vets chances are reduced substantially. Tell him to get his claim in ASAP. MOS counts for some injuries but what is most important is that his separation exam indicates the back problem, AND that his entrance exam shows that the problem did not exist when he entered the service. Mild kyphosis may only get him a 0% rating, but at least it would be service connected. If it worsens over the years he would be able to get care and increased ratings.
  12. Unfortunately, the problem may not be your computer. eBenefits is intended to be an automated system. If the application is filled out correctly, the computer directs the claim to the appropriate regional office or in some cases (dependency for example) actually processes the claim. Vets living overseas claims are processed through specific offices and I suspect eBenefits doesn't know what to do with yours. Take a look at this web site from the VA for international claims. http://www.benefits.va.gov/PERSONA/veteran-abroad-contact.asp You might want to give them a call and it looks like the Pittsburg RO will handle your claim.
  13. Actually, you are receiving SMC S & K for the housebound status and erectile dysfunction loss of a creative organ. The compensation for the SMC K is $103.23 additional a month. The S1 rates are dependent on the number of dependents, but a Vet with spouse would get $3,415.74 plus the $103.23 per month.
  14. SMC ratings can be so complicated that it is very difficult if not impossible to answer questions about them in a forum. The rating you refer to can be granted for several different reasons and they are not particularly related to each other. There is a guide out there that is pretty useful. Try taking a look at this PDF. http://www.nepva.org/downloads/SMC Guide.pdf It does a pretty good job of explaining what each of the SMC codes mean and what it takes to get that particular rating. I did notice that the S rating is not particular clear as they do not mention IU and the effect it can have on that SMC.
  15. If you applied for comp prior to the end of service then you will not get an official status from the VA until the day following your date of discharge. Essentially, you cannot be on active duty and receive compensation. It is the law. Keep in mind, it will probably take the VA a couple of weeks following your discharge to receive your newest DD214 and finish processing the claim, but the effective date will be the day following your discharge.
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