Kgosi

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.

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.

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.

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.

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.

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!

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.

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.

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.

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.

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.

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.

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.

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.

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.

Chuck75 is correct, call the 800 number. Frequently what happens is the VA attempts to reach you by mail and receive returned mail. They will perform an address search for your current address and check VA Hospital records and send a second letter. If that one is returned as well, they stop all payments. Call the 800 number and they will submit a request to restart your benefits. Here's the problem though... these type of claims are not a priority for the VA. So, you may want to go down to your regional office in person. They can fix it in minutes.

There are a couple of options. The easiest would be to go on to MyheatheVet and download a copy from your records. If it was more than a couple of years ago they may not be in there. You can also request a copy by filing VA Form 21-0820 through eBenefits and simply request a copy. You could also go down to your regional VA office if it is close enough and ask them to give you a copy. Lastly, if you are receiving treatment from a VA hospital or clinic then you can ask them to print out a copy for you.

Sounds like it is a lot more than "lots of small issues". It is always best to have it recorded in your service treatment records, but as long as you apply for disability benefits within one year of your retirement you should probably be ok. When you apply for disability within one year of getting out of the military, the VA will automatically sends you for a General Medical exam or a Gulf War exam if you served in the middle east. That should take care of each of your issues, Still, it really is best to have it recorded in your service treatment records. That way there is no doubt to the origin and severity of the claimed disabilities. You can also file for disability benefits prior to your retirement. The VA will schedule the appropriate exams and start paying you from day one. However, you should know about not being able to receive dual benefits. Check out this web site... http://www.dfas.mil/retiredmilitary/disability/comparison.html

I hate to be the bearer of bad news, but you probably already received it. The VA pays out all retro pay immediately, with the exception of CRSC/CRDP, Separation Pay and Severance Pay. If you received separation pay or severance pay the VA will almost always recoup that. Since you already received a payment then you probably did not have either of them. However there are exceptions to every rule. A good thing to know is how retired pay and comp benefits pay out. For example; If you get $1100.00 a month in retirement pay and $500.00 a month in compensation benefits, then you will receive $600.00 a month that is taxable and $500.00 a month that is tax free for a total of $1100.00. Using the same scenario, if you received $1200.00 a month in compensation benefits then you would receive all $1200.00 tax free and no retirement pay. For some Veterans you can receive both your retired pay and comp benefits, but that decision is made by the Department of Defense, not the VA. Unfortunately, the processing time for the release of those funds originally held by the VA can be lengthy. Go to this website from DFAS that explains how this works and how you need to apply to receive dual benefits. http://www.dfas.mil/retiredmilitary/disability/comparison.html

Without seeing the paperwork it is difficult to answer your question, but from what you wrote I may be able to take a shot at it. It sounds as though you were 40% service connected for disabilities and you were also eligible for pension benefits due to income. If you are eligible for comp and pen the VA will always pay out whichever one is higher. If you are a single Vet with no dependents then comp will pay out $587.36 a month, but pension benefits could easily be more. Looking at your profile of 40% service connected, I am guessing that is from the 30% heart, which was increased to 100% and 10% residual scar that remained the same? If your heart was the original service connected disability then the 100% comp will be much higher than the pension and you would receive comp instead of pension. The reason the VSR is uncertain of what is happening is that there are three pension centers that handle all pension claims. They are in Philadelphia, Milwaukee, and St. Paul. The regional offices in the various states handle the comp claims. So, the comp VSR does not fully understand how the pension side works, and the pension VSR does not fully understand the comp side. Here is where it gets more confusing... if that is possible. When a Vet in receipt of pension requests a service connected increase the claim goes back to the comp VSR to process. They schedule the exams and the comp rater rates the results. Once they process the award, the computer will determine whether to pay the highest rate of comp or pension.

Veterans out less than a year who file a claim are automatically scheduled for a general medical exam. This exam is comprehensive and the doctor should ask you about any physical problems you may be having. Be sure to tell the doctor about the osteoarthritis, and if you have a diagnosis from a private physician be sure to submit it. This will probably kick you out of the fully developed claim category, but you do not want to omit medical evidence that is in your favor. As for the likelihood that they will service connect you for it will be determined by how long you were in service and whether your entrance exam into the military indicated osteoarthritis was already present.

Well, I am a little confused as well. I have never heard of an appeal going through in just one month. An appeal usually takes two or more years. Are you sure the 30% for depressive disorder wasn't there on the original decision? Nevertheless, the answer is no. The VA is acknowledging that you have "unspecified depressive disorder", but they are saying it is not related to your military service. There are a host of reasons for this, but I think the greater concern is that the VA is not acknowledging the sexual trauma. There are several ways to prove sexual trauma and while the following is not a complete list it will give you a place to start. By any chance do you have a police report, or can you obtain one? It would be very helpful. Without a police report, which it is thoroughly understandable if you do not have one, you could present evidence of medical problems that resulted from the trauma. You could also use service personnel records that indicate a change in behaviors following the abuse. For example, perhaps you were a model service person and then there was an abrupt change in attendance, moodiness, being withdrawn, or disciplinary events. You could also use a "buddy statement" from someone who knew you at the time and that you confided in about the abuse. One last point, Veteran Service Organizations (VSO) like the American Legion and VFW are not particularly necessary when filing a claim with the VA, but if you are appealing a decision then I suggest finding a good VSO in your area.

Never say never, but here is your dilemma. In order to get service connected you need either a presumptive condition, which osteoarthritis is not a presumptive condition.Or, you need the following: A service related event or condition, a bridge from that service related event or condition to a current diagnosis that is severe enough to be determined to be disabling. So, if you can get a private doctor to fill out a disability benefits questionnaire VA FORM 21-0960M-9 then you might have a shot. It would be very helpful if the doctor inserted remarks that stated he believes the condition is directly related to your military service. Even then I wouldn't be surprised if it was denied. As you stated the osteoarthritis is mild. Mild is usually not considered disabling, but all they can say is no. One other unrelated point, but one worth mentioning. You cannot receive compensation pay and retirement pay at the same time. For example, let's say you get $1100 a month in retirement pay, and $200 a month in compensation. Then you get $900 a month in retirement pay and $200 a month in comp for a total of $1100. The benefit being the $200 is tax free. Now, if you can get the $200 comp as CRDP or CRSC then you could get both the retirement pay and the comp at the same time for a total of $1300 a month.

Non Service Connected ratings do not effect Service Connected ratings in any way.The purpose of Non Service Connected ratings is two-fold. 1. The VA acknowledges that you have a disability, but it is not related to your military service. The benefit of this is if at a later date you can prove it is from your military service then you would be compensated all the back to the date they acknowledged the disability. In order to do this you would need your service treatment records and show where the issue was reported during service or that it is a presumptive condition of your service. Not very likely. 2. Non Service Connected disabilities can help you if you ever need to apply for pension benefits. Keep in mind the income limitations for pension are so low you do not want to be in that position.

I'm not sure I understand what you are asking as you stated " 3 claims that I made days prior to my original claim is in intent to file status". The 3 claims that you made prior to your original claim are the original claim, or maybe I misunderstand your question. Nevertheless, here is how the claims process works. But first, know that each Veteran only gets one "original claim", all subsequent claims are just that, subsequent claims. So, the first claim you submit is the original claim. If submitted on an EZ form it is a Fully Developed Claim (FDC), assuming all med evidence and secondary forms were submitted at the same time. The second claim you filed automatically removed your claims from FDC. No big deal, it will just take a little extra time to process your claim. If the second claim is submitted while the original claim is still open it is added to your original claim, but has a different contention date. An example might clarify things a bit. Suppose I submit an original claim for left knee on January 1. Then on January 10 I submit another claim for right elbow. On February 11, I submit a third claim and the original claim is still open. The VA will add the January 10 claim to the original claim with a contention of January 10, and the February 11 claim is also added to the original claim with a contention date of February 11. Assuming all three claims are granted you would have qualifying disabilities with effective dates of January 1, January 10, and February 11. The January 1 and January 10 disabilities would be payable from February 1, and the February 11 disability would be payable from March 1. *NOTE: If you got out of the service within one year of filing your claim then every disability would have a qualifying disability date from your first day of return to civilian life. Here is where the claims process can get muddied. Suppose your original claim filed January 1 was for lower back pain, and your February 11 claim was for pain radiating down the left leg. The VA may have already scheduled an exam for the lower back pain from January 1, but now they have to recall the med exam to insert what is probably a secondary issue of pain radiating down the left leg caused by the problem in your back. This slows down the process, or might result in you having to report for an additional exam. To answer the last part of your question of why the second claim(s) have not been added to the original claim. There are several possibilities, but the most likely is this. When the VA processed your original claim they reviewed your evidence and probably submitted the claim for medical evaluation and automatically placed a thirty to sixty day suspense date on it. This means they will not look at your claim again until that time has passed. When they do look at your claim again, they will see the other claims submitted and determine what steps to take next. Do they need to recall the previous med exams, issue new med exams, or grant or deny outright due to evidence on file or in your service treatment records. It is at this point they will change the new intent to file issues to the appropriate status. All in all, it is best to get all your ducks in a row and submit everything at one time, but that isn't always possible. You haven't done anything wrong, it just might take a little extra time to sort it all out.