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TexasMarine

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Everything posted by TexasMarine

  1. Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined. I must Thank all of you for keeping my hopes alive over the years, when darkness set in. I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success. Professional in every way imaginable. I can not say enough about their latest hero, Fatima. Fatima, thanks for being rational, thoughtful, knowledgeable and thorough! Mr. Bergmann and Mr. Moore, you two rock!
  2. Thank you for your service. Your story is both heartbreaking and very common. Where to start? Starting is different for each person. I'd say you've already made the first step by seeking knowledge. Here is a short list. 1. Create a list of what ails you, and whether or not it keeps you from working. the items that keep you from working will help you when you apply for SSDI for each item on the list, determine if any of those items started (or was made worse) by your military service. If so, you may have a case with the VA. 2. If you have ailments that keep you from working, AND, you have enough SSA credits, apply for SSDI online at http://www.ssa.gov 3. If you have items that were possibly service-connected, gather up all of your in-service medical records (order them if necessary), order your service records, obtain your DD214 if you don't already have one. locate a local VA Service Office for immediate assistance and review. 4. In your particular case (attached to the 2nd Force Amphibious Recon, during the period 1986 - 1992, you may have rights pertaining the water contamination event at Camp Lejeune. Please see https://www.publichealth.va.gov/exposures/camp-lejeune/ for more information.
  3. I don't think the VARO itself is underwater, as the VARO is on a slight rise. However, delays may be caused by the VARO staff not being able to get into work, or taking leave to tend to their families and property.
  4. Social Security Website provides guidance regarding ssdi, including links to the application. Where VA 100% with IU implies that you are not able to work, and that the disabling injury occurred or aggravated in-service, SSDI requires that you are unable to work, AND, you have enough credits to be eligible for SSDI. Credits are earned through continuous employment, over the course of years, where you paid into Social Security. The documents and reports that proved you were unable to work to the VA should suffice for Social Security purposes. You must contact SSA to determine if you have enough credits.
  5. Progression to the money should happen very quickly. However, if your retro pay amount is greater than $25,000 you may have to wait a couple of weeks for additional funds approval signatures.
  6. I would appreciate any feedback on my upcoming claim for Hepatitis "B". I have a clean enlistment physical, to include NO tattoos. I was inoculated in boot-camp, using jet-guns, and yes, blood was flying everywhere. While at my first duty station, I was given antibiotics of some sort, to fight the HPB. (1980). While at a duty station in Kansas City, I received a letter from the "Community Blood Bank of Greater Kansas City", stating that I should not give any more blood on blood drives, or otherwise, because I have the HPB antibodies. I still have that letter. (1987) On remaining in-service physical, it is noted in the checkboxes that I have or have had Hepatitus. (1991 - 1992). The VA notes contain references to the HPB and they are trying to "rule-out HPB" as the cause of other ailments, including CKD (kidney disease), fatty Liver disease and ED. As soon as my claim (with BVA) is adjudicated, I plan to file for HPB, even if it gives a 0% rating, hoping that I could later file as secondary, for the other ailments, for which I'm hopeful will result in some level of rating. Is my plan reasonable? Should I wait until the VHA "determines" that HPB was the cause of the other ailments? (and file them all at once). Do I still need a DBQ? An IMO? Or is the documentation I already have sufficient?
  7. went down to see the VA man ...

    he said son, don't you understand?

    ---Bruce Springsteen, from "Born in the U.S.A."

    1. pwrslm

      pwrslm

      I had a brother at Khe Sahn fighting off the Viet Cong
      They're still there, he's all gone
       

  8. Like I said earlier, you case sounds like it could "pop" at any time. I also like the sweet sound of the word "expeditiously". The VA "may" wait for the EDD to be adjudicated before releasing your case for payment. Though I have seen, and been led to believe that once an affirmative decision is made regarding the major issue, the ratings board gets started, and then viola, retro is paid. From the experiences of those cases I read on this board, the rating specialist usually act quickly, and the disbursement office even quicker. Here's a double-handful of "Hope" for your expedited success.
  9. I would say "hearing scheduled" as opposed to "pending hearing request", but frankly I do not know.
  10. Looks good! Back from the AMC is always good. That status is usually a "black hole", taking upwards of 9 months to navigate. So, good for you on that count. "With VLJ" is a status usually reserved for that point in the process where a decision to approve, remand, or deny is made. That status most likely won't be accomplished until after you have your hearing. Once "With VLJ", the case can still be sent to the AMC for processing, so, I caution you not to get too excited at this point. The AMC is like a special RO specifically for the BVA, and they, like any RO, can take it's sweet time administrating your claim. In addition, you can get many updates while "With VLJ". I seen timelines that included up to 10 "With VLJ" status "updates". And those are just from folks here on Hadit.com. Having said that, the fact that the VA Secretary has shown interest in your case most likely will cause your case to be processed most expeditiously. I sure hope that holds true for you. Good luck to you! And Bravo for keeping up the good fight.
  11. While I'm not yet approved for 100%, and am living off a SSDI pittance, I am very grateful for the VA for what it will provide me one day. Tis true that no veteran should go without, think for a moment about all of the enemies we've vanquished, or countries where we've retired their fearsome leader(s). Those <insert country here> soldiers don't get a single cent for their disabilities. They're not compensated for limbs lost in battle, nor PTSD (which I'm sure they have), nor any of the ailments we veterans are exposed to during war or otherwise We live in a country where at least there is a VA. Now, do I like the way the VBA treats us? No! Do I like that we have an adversarial relationship with them? No! Do I like hearing about corruption and ineptitude at the VA? No! I am just glad we have a VA.
  12. The RO (Houston) will have to rate you. Then the process moves pretty quickly, unless there is a retro payment over $25,000, in which case additional signatures are required. For retros over $100,000 the number of signatures can be pretty high, likely 6 or more. For each signature, you have someone reviewing the decision and the rating. But, if you've been service-connected, the hard part is over. Godspeed to you and yours.
  13. Hey Buck, No such thing. You need to file for everything (for DIC purposes) because you must protect your spouse. Don't you think for one moment that it is "wrong". If it was wrong, truly wrong, there would be no avenue for you to file on. The path to file is clear, and legal, therefore not wrong. Jmvho TexasMarine
  14. I really don't think the NSC disabilities help nor hurt your case with SC disabilities. They (NSC) are just disabilities (recognized by VA) that you may have claimed in the past but were not proven SC. The VA tracks them for "pension" purposes for one thing. Let's say your only income was 100% SC, and they took that away or lowered your rating to the point where you were making less than $1K per month. You would certainly qualify for VA Pension or a portion thereof to bring your total income up to the amount designated for that year, say $1400.
  15. Page, Berta very definitely knows her way around the VA Claims process. I respect her as most (if not all) folks here do. When Berta says "get a lawyer", you next reply should be "got him". Now this is a weekend, so getting ahold of Mr. Walsh may not be possible, but leaving a message with him is most appropriate. I'm sure if you explain that "time is of the essence", he will contact you very shortly (maybe Monday). I hope you're not too late. Good luck with the VA. It can be a real pain, but worth the effort for those who gave all. God Speed. TexasMarine
  16. It's a fact. Lawyers don't do "warm and fuzzy". However, some specialize in PTSD, and know what it takes to get such a claim through the process. To you ... it's personal, as it should be. To them ... it's a well-worn process. No emotions. 30% is on the high side, although that is what I am giving up for my MH condition, for an expert in the field. The IMO, should come out of that 30%, imvho. Benching your pursuit of those claims (other than the PTSD claim), is strategic in nature. Wait until you get 70% for PTSD (the going rate), and then pursue your other claims. Don't want to have one claim "jamming" the system, postponing the VA decision on the PTSD.
  17. I really, really want to post that I've finally made it. My appeal has been in a black hole for way too long. So, here goes the timeline status update. Went from: 2/5/2016 - Administrative Case Processing To: 5/4/2016 - Administrative Case Processing What a joke! Does anyone have any words of encouragement? My appeal has been with the BVA (remanded from the CAVC) since 2/10/2015. It was "With the VLJ" about 5 times throughout this time, when all of a sudden it got pigeon-holed in the BVA's Medical Opinion Office. 3 months on ebennies, ;0, and really no further along. Comics invited.
  18. The VA has opened a new case, with a new effective date, meaning, if you do win your case, all retro payments will only go back to 4/1/16, and not the previous filing date.
  19. Sorry SF03. I am at the AMC as well, and as far as I can tell, they don't give status reports. Even my lawyer can't seem to penetrate their cover. (beware the man behind curtain ;) Mine has been their since 10/5/15 with no end in sight.
  20. Let's not forget that some states waive property tax for 100% SC Vets. If you avoided $2400 per year in taxes, that's another $200 per month. How about time spent commuting. Gas and other expenses associated with working. You now avoid those costs. But the biggest benefit I see is (while I'd rather have my health) that I get to spend more time with my family.
  21. You can have a good life in the USA if you had $3K a month, if you live frugally. Don't forget, many families of 4 persons live on less than that. But, yes, I would imagine you could live very well indeed in the PI on $3K per month. Quality of life regarding hospitals (mentioned above), and simple things like shopping won't be up to US standards. It all depends on what you're looking for in life. Have you been to the Philippines before?
  22. ----- "Is this exam just to blow me off and say they found nothing? " Maybe. Maybe they heard enough to accept your claim. Maybe they heard enough to deny. If they (the VARO) denies your claim, you might be able to use this time issue as an argument. But, you'll need proof that the examiner did not spend three hours on your claim. However, I think that that is a long-shot. If you are having a C&P exam, there must have already been a diagnosis of PTSD. So, the C&P, at this point, is trying to establish whether it is service connected or not. So, they would not be trying to say that 'they found nothing.' They might be trying to deduce the level of disability for ratiings purposes. I don't think that they were trying to "blow you off". Too many of those and they could lose their job. (NOT!) Once your C&P is done you need to wait for the Statement of the Case (SOC) to find out what the doctor did. Good luck Mike_S, and godspeed.
  23. I applied for SSDI in Nevada in 2007, at age 46, after not working for six months, with the following diagnosed disabilities: Bipolar Disorder (Mixed) Lower Back Pain Migraines Bilateral foot pain After two denials and appeals, in 2007, an Administrative Law Judge (ALJ) approved my case on appeal, stating that I was approved because I was totally disabled for each disability individually, as well as collectively. The ALJ had a job-placement expert at court, use their own lists of jobs that I could be hire to do, but she found none. The biggest differences between the SSDI and VA programs is that with the SSDI, you must be 100% disabled, but do not have to prove service connection. With the VA you could be disabled for any given diagnosis at a partial percentage, but you must prove service connection, usually with clear service medical records, or most likely an Independent Medical Opinion (IMO). I had used my VA medical notes to prove the diagnoses to the SSDI. I used the SSDI findings and doctors reports to support my claim for the VA, including my request for Individual Unemployability (IU).
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