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Claims can be put in up to 1 year after your discharge. The date of the award will be the day after your discharge. You got good advice on keeping a copy of your medical records and personnel records. Keep those safe. Sit down a document the reason you went to sick call or were seen by a Dr or had surgery. Make this list and claim everything on it now. Even if you get a 0% rating, you want all of it as service connected. Things that may seem innocuous today may just become a real problem later. If you try to claim it in the years ahead, you could have a substantial fight to get it awarded, so get it documented now. I cannot give you any advice on the way the Guard will look at your disabilities. I would think that they may have some lee-way, but if you have serious conditions that would affect you as an active duty service member, it would likely have the same effect for the Guard and Reserves. Only the folks at these duty stations can answer this ??. You can read through these forums back several years. The one issue that vets run into is the failure to document in service events that caused injuries. Since you are still active duty, this is a heads up for you. Document everything NOW, do not wait until later. It may save you a lot of grief when you turn 55 or 60.

My ALS supplemental claim was 7 days (approved). Monitor your info on VA.gov to see if there is any extra payment info and to see if the effective dates for disability changed at all. If the date is w/in the last 7 days +/-, it would mean a change was made. I got back pay deposited into my account the day after the claim closed. Since it was only 8k, it went through quickly. A large amount would take longer.

Colorado Statute 39-3-202 reads: "(3.5) “Qualifying disabled veteran” means an individual who has served on active duty in the United States armed forces, including a member of the Colorado National Guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has established a service-connected disability that has been rated by the federal department of veterans affairs as a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department, the United States department of homeland security, or the department of the Army, Navy, or Air Force." Colorado Statute 39-3-203 reads: "(1.5)(a) For property tax years commencing on or after January 1, 2007, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is a qualifying disabled veteran shall be exempt from taxation if: (I) The owner-occupier has completed and filed an exemption application in the manner required by section 39-3-205 ;  and (II) The circumstances that qualify the property for the exemption have not changed since the filing of the application. (a.5) For property tax years commencing on or after January 1, 2015, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of an owner-occupier who is the surviving spouse of a qualifying disabled veteran who previously received an exemption under paragraph (a) of this subsection (1.5) is exempt from taxation." The VA rating that provided TDIU pursuant to USC/CFR is 100%. The VA is the only authority according to Colorado Statutes to determine this issue, and if it is attached to the P&T designation, it will be noted as such in the letter of veterans benefits that the veteran can provide to the Tax Authority. An exclusion for TDIU is not made in the states statutes. Where is it? The VA is the only authority cited in the statutes, and is exclusive in this statute. For an exclusion to this rule, it would need to be written somewhere. I would demand the local clerk produce this info because only the VA can designate the 100% P&T for eligibility under the statute (Definitions).

Info on this issue here.

PDF can use OCR (object character recognition) to ID the letters in images. Used to be really hard to get them to work right, but the ones we have today are pretty accurate. Adobe does this well. I have been using Power PDF ($60) that does pretty good also.

Help them out by documenting the in-service incident that would be considered the stressor. If you do not already have your active duty records, get them now. Then you can document what happened and make the job much easier for the RO. Easy is a way to say make sure the RO can find the information. Read up here.

That stinks. I would look long and hard to see the exact code this is spelled out in. Many times County Clerks get uppity and want to be the power player, in error... Read this. Colorado actually uses the VA's determination, and not the TDIU designation, for this purpose. This passed into law in 2016 so I suspect you would not have any trouble. Move to Florida. 100% P&T are given a 100% exemption from property taxes.

Anytime a precedent is set on VA benefits by the CAVC or higher courts, the RO is expected to apply them. By not complying, it causes additional appeals to the BVA, which is also obligated to apply all precedents. We see this in the M21 manual because many times you find reference to precedent that has long been established. See this: When it comes to the binding effect of decisions of the Court of Appeals for Veterans Claims (aka, the CAVC), there are 2 types of decisions: precedential and non-precedential. In the law, a precedent is a very specific thing: it means that the lower courts – or in the VA Claims system, the Board of Veterans Appeals and the VA Regional Offices – are bound by the court’s decision. A non-precedential decision affects only the case in which it is issued: the court’s “holding” – or legal conclusion – impacts only the case in which it was issued. While not having precedential value, these cases often teach us the reasoning that the Court will likely follow in deciding a similar fact pattern, and as such, allow the savvy Veteran or advocate an opportunity to factually “set up” a case for a greater likelihood of a win at the CAVC (or to lay the predicates to create an opportunity for a viable appeal to the Federal Circuit Court of Appeals.

Its a double edged sword I think. Inferring that this was done when the VA omits any discussion on the topic/condition would be difficult to pull off in CUE. Like I said, this may come down to opinion by the RO, which is not subject to CUE.

When I get care under ChampVA, they make a claim w/ChampVA, and after they get paid they send me a bill for what I owe. Beginning of the year, the extra $50 will pop up, plus the 25% copay. After that, they bill only for the 25% for the rest of the year. Even if this was a premium, its the entire year so it really is dirt cheap compared to most other insurance plans.

I think that is your best shot from what I have read. Of course, consulting with a attorney who can dig deep into this would not hurt you, but would either confirm your claim for CUE, or explain exactly where it will not succeed. An open mind shows that you have hope. But if you close your mind to the help you can get for free, you may miss something important. What do you have to lose? If you still want to pursue this pro se, then be willing to shell out a few bucks for expert advice and research that will guarantee your success. 38 C.F.R. § 3.155(d)(2) states in pertinent part that VA must “consider all lay and medical evidence . . . to adjudicate entitlement to the claimed condition as well as entitlement to any additional benefits for complications of the claimed condition. . . .” (if this was how this CFR read in 1993, you just may win)..."VA's decision that addresses all outstanding issues enumerated in the complete claim implies that VA has determined evidence of record does not support entitlement for any other issues that are reasonably within the scope of the issues enumerated in the complete claim." (this second italicized part is the hump you have to overcome) The 2009 decision noted above that the Board found that the 1993 claim did not properly decide your claim, so there is a chance there. Be aware that if this is only a difference of opinion, that they will turn you away...and with a CUE claim if it is denied they can refuse to allow you to make any further claims on this issue. That is why it is wise to get some help from an experienced attorney. V.ii.3.A.1.e.  Definition and Example: Ancillary Benefits Ancillary benefits are secondary benefits that are considered when evaluating claims for compensation pension, or Dependency and Indemnity Compensation (DIC). Note: Eligibility for ancillary benefits is derived from a Veteran’s entitlement to disability benefits or the circumstances of the Veteran’s death. V.ii.3.A.2.b.  When to Address Subordinate Issues and Ancillary Benefits Use the table below to determine when to address entitlement to subordinate issues and ancillary benefits in a rating decision. Note: In general, address entitlement to a subordinate issue or ancillary benefit only when entitlement can be awarded. Do not put a benefit at issue merely to deny it.

ChampVa has a $50 deductible every year, and a $3k annual cap for the medical expenses. Say you have surgery that costs $100K Medicare allowable charges drop that down to $60K Less the $50 you must pay for the year would leave your bill at $3k, ChampVA pays the rest, no questions asked Most insurance plans have a cap over 5k, many of them are 10K and up. I worked for a sales company for several years back in 1990's. The catastrophic annual cap back then was $8k for a single event, and $16K for the family. ChampVA is a very good plan IMO.

Employees have the right to take FMLA leave for their own serious health conditions. This should not be a serious issue. It may be smart to quote the FAQ (in a lay statement) from the department of labor below to pre-empt a VA screw up though. Ref; FMLA FAQ Qualifying conditions (Q) When can an eligible employee use FMLA leave? A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons: for the birth of a son or daughter, and to bond with the newborn child; for the placement with the employee of a child for adoption or foster care, and to bond with that child; to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition; to take medical leave when the employee is unable to work because of a serious health condition; or for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces. The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.

Nerves do that. If you are smart, you should get you back checked out. If you do, it may save you a lot of trouble in the future because back injuries do not just go away. I did just like you did, afraid that someone would screw me up worse than I already was. Problems got worse though and my spine literally started to curve resulting in scoliosis (three curves in my spine). It became extremely painful before I sought help, and after I did, they bumbled my care. Ended up with 4 level fusion from my L3 to S1 after nerve damage caused foot drop. Fusion was necessary from the start, so don't get me wrong, but the foot drop should have been avoided. Later, I had 5 level fusion in my cervical spine, directly caused by a lumbar strain over 30 years ago. (wow, time flies, 40 years ago)... Take care of your back.

First thing you need to do is to find the mistake (if it exists). You must have the CFile first then find the error. CUE = Clear and Undebatable Error

Spine= bone and nerves, so Orthopedic or Neurologist that deal with spine issues. Look up medical practices that do Spine Surgery. Find one that will provide the etiology, so they will need to see your active duty medical records. Should be on CD, highlighted and noted, so the staff can find the info quickly for the Dr. An Etiology is not a specialty or profession. It is a statement by a medical professional providing his/her opinion as to what the cause of the condition is. Any medical pro can do this, but the impact of the opinion is more substantial if it comes from a related specialist. For example, your PCP would/could not over rule the opinion of a brain surgeon about TBI injuries. However, your PCP can provide an opinion on the etiology of TBI if the history of the injury were presented to him/her during a workup for a diagnosis. Referrals to specialists, which will likely be Orthopedics in the VA, would result in further evidence for an x-ray, and then hopefully an MRI. Once they ID the current condition, then you tie the two together with the nexus. I told my PCP that I was injured in Basic Training, and that was entered into my records. Sure, a lot of folks have back pain, but it was documented in my AD Medical Records, and could be confirmed by the RO. Four events in those records, and lay statements from my spouse and myself, as well as a family friend who knew me for 15 years, was enough to document continuity of symptoms.

Chronic shin splints was identified in the C&P exam. Your statements confirmed pain in use (walking etc...) This should have been rated at the minimum rating (ie...10%) in the current USC/CFR. What you need to find out is what the USC/CFR was in 1990 when this rating decision was provided. See here on current info. A free consult would likely get you this information. If you do submit a CUE, I would suggest the advice and help of an attorney because CUE must be plead properly and if you get denied, you will be barred from any resubmission. At the least, the 0% rating can be increased now if you have been having treatment for the past 12 months because both legs are already SC with Chronic Shin Splints.

Hey Cue Dealing with the regulations from 2012, you have to get a source that gives you what the law was in 2012. Errors, which constitute CUE, have to be documented, which would include anything the M21 manual (in 2012) directed to be done. I know that currently the M21 requires the RO to check any benefits that the Vet should qualify for. Have to look up my posts over the last few weeks, just did the M21 search on the current version. When I find it I will post back.

IMHO, if you turn over your claim to a 3rd party, you need to go over the claim with a fine tooth comb to insure that everything you want done is there. You are your own best advocate. I have seen too many problems popup because the VSO failed to do a comprehensive job, costing the Vet time and benefits. Going through an appeal process or resubmitting new evidence in a supplemental claim is more time burned that you go without any benefits you should have. 100% P&T will give you health care and educational benefits for your family as well. The reason we get results is because we have been through this before, and we know what errors we and others have made that you can avoid. Not sure if you have someone close that can help you with this, but IMHO, you are far better off doing this on your own so if you have a wife or older child who can help you, do it.

I had no treatment records spanning over 30 years. This is why you must gather lay statements. Family and friends can do this for you, so can ex-employers or people you worked with if they are willing. I toughed it out most of the time. The medical records that did exist were destroyed after 7 years, just like you. I could not afford medical care in the end, that is why I went to get help from the VA. If you just drag your mouse over the sentence you want to quote you will get a pop up to quote that, so just click it and it is automatic.

You are your best advocate.

Begin this by researching 38 CFR to find what the rating tables say about your conditions. Also check your actual rating list on va.gov and run those numbers through a VA disability calculator. It is good to know how far you actually need to go to get to 100%. If you are rated 85% they round up, or if you are 94% then it is rounded down. Should be easier to hit 100% if they rounded down. Reality is that you need to hit 95% to round up because in this system the only way you can actually get 100% is if you have 1 condition rated at 100%. The fractional system for multiple conditions will never hit 100%. When you ID the ratable info, compare the ratings with what your current conditions are. If you got worse, then you know what needs to be documented to get that increase. Check your current medical records to see if this is documented or if you need to get it documented through your primary care provider. X-rays, MRI's and hearing tests, and anything else you need can be requested by your PCP if you give them reason to evaluate the severity of the condition. Example would be to go to your PCP and complain about the hearing problem, you should be referred to the ENT (ear, nose, throat) specialist or similar. They will do the workup. Tell them what your hearing was like before and how it is worse today, and they should document your current condition. Look at that and see if it takes you over the hump for a higher rating. Do the same/similar with other conditions you have. After you do this, then gather your documentation and write a lay statement to support the request. Lay statements are not medical opinion, but instead eye witness to how your condition affects your behavior and abilities. Get additional lay statements that confirm what your daily behavior is like/has change over xx years/months/weeks from family, workmates, and friends. Lay statements can sway the decision if it is close to equipoise then they will push it in your favor. Gather all of this together, reference everything by date/time or page/paragraph in your lay statement that supports your claim so that the rating official can find it easily. Then submit your claim for increase.

Hello I was seen 4 times in active duty for back pain. They called it a lumbar strain and sent me back to work with a few pills and a couple days off. The last one was a trip to Ramstein Airbase Hospital in an ambulance because I could not stand up due to severe spasms. I tolerated the pain for 35 years. When I signed up for VA healthcare I was sent to therapy and the therapist gave me the wrong exercise that resulted in my left foot drop. Things have snowballed since, but I told you this so you know that SC after 35 years can be accomplished. The key to my success was a medical professional provided me with an IMO that stated -my active duty medical records had been reviewed -my medical records since I left active duty had been reviewed -my current medical records had been reviewed and that the MD had examined me in person. The info you provided is very similar to what I went through. When I was discharged, the VA "lecture" was about 5 minutes, and very inadequate. I waived the examination because I was not disabled, just like I learned in active duty, because disabled people could not walk, run, and do the job. Collect all of the records that you can. As far as back pain goes, lay statements by you, your spouse(s), and any other family member that has conversed or observed you over the last 30 years can document the continuity of the back condition. You need a current diagnosis also. It is smart to get your own caretakers to put the etiology in your medical records. Etiology is the study of the causes, origins, or reasons behind the back pain, and/or the reason for the dysfunction, so it can refer to what the cause was (i.e. medical records from 30 years ago demonstrate a back problem, and the normal progression from the old injury is what we see today, so the two are more likely than not/definitely related). Getting this info before you submit the claim is pre-emptive. Even the VA medical examiners tend to agree with a logical etiology that already exists in the records. If you cannot get your own medical professional to put this in your records, you should seek out an IMO/E locally from a orthopedic specialist. I found one by hitting the phone asking for an IMO/E until I found a sympathetic specialists that was also a veteran. Absent that, some other examiners like Dr Bash are available but the prices may go 5-10K.

The part of this that explains what the reasons and basis for the decision is what we need to see. Does the C&P exam give the rationale and opinion for shin splints and headaches? This info also would help. Do not post name/addy or personal info.

Be aware that some of the scanned documents will not be compatible with Ctrl F because things like old active duty medical records or info in the Personnel Records Jacket could be handwritten. Those documents must be carefully looked at because so many MD's write so sloppy, and in some foreign medical language, that you need to take your time to figure out. Ctrl F can only be used for info typed that can be OCR's (object character recognition).