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namvet6567
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Posts posted by namvet6567
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Not to butt in here but since when has just "being in a combat zone" qualified as a stressor?? This is the first I've heard of it. I can see a CIB, PH, CMB, CAB serving as stressor verification but just serving in a combat zone, sorry I'll have to disagree.
There are other ways to verify a stressor, ie: decrease in performance level, article 15's, captain's masts, witness/buddy statement's, newspaper accounts, usual activities of a particular MOS, sexual assaults, etc..
Please correct on the combat zone thing, if it's changed.
I also want to note here that VA personnel rarely review the whole claims file, they, often, generally just go w/the previous rater's decision, especially as the file gains thickness. Employees appear to be evaluated based on number of and completion of claim, not accuracy, which guarantees them future work.
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Don't let the VA win!!!!!! It's your money!! I almost gave up after 30+ years of appeals and finally won retro to the actual claim date, on an SMC-S award. Chris Attig wouldn't take my case but another atty did and won another remand at the court. They of course were paid thru the EAJA. The BVA judge on this remand finally reviewed my "complete" c-file and awarded my claim. BVA judge's name was Alex Humphrey/Humphries(not sure which) but I often wonder if he/she was the child of the Alex who used to help vets, here at Hadit. Please don't give up!!!
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3 hours ago, Rattler said:
Depending on what you are trying to do, increase, increase due to new medical evidence. You are wrong in your statement, "I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened." If your condition has worsened. (and it sounds like it has) You will have to submit new evidence to prove your claim. If you leave it up to the VA they will not just go out and find it. Your best bet is to get your private treatment records go through them and ONLY SUBMIT the documentation that shows it has worsened.
We will have to agree to disagree, (b/c a claimant does not need to provide documentation that a condition they are receiving s/c for has worsened). A mere statement that their condition has worsened is sufficient to trigger a C&P exam. It's obvious that new evidence would help but is not required.
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Thank you, you are correct, but the VA sometimes ignores its own rules(surprise, huh?). I believe the VA is required to use the rule that is most favorable to the veteran, during the transition. I also posted something about burial benefits yesterday and received something from military.com that some of it has changed. I stand corrected. Can't find that post.
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On 9/22/2023 at 4:38 PM, broncovet said:
Welcome to hadit. VSO's and VA employees are often "obsessed" with trying to prove they are smarter
than we are. They have learned the VA's "alphabet soup", so they think they are smarter.
Its not your job to worry about whether its primary, secondary, presumptive, 1151, or other stuff. But your VSO
wants to show you he's smarter than you by using terms you are unfamiliar with like ones I listed. Dont buy it.
Secondary means, for example, lets say your hypertension (aka high blood pressure) causes a kidney problem.
In that case, you can file for a kidney issue "secondary to hypertension".
Again, unless you plan a career as a VA rating specialist, dont worry if its primary or secondary, or presumptive.
You can, however, help us by giving us a bit more to guide you. For example, are you working? This is a big deal.
VA benefits are designed to replace "income" lost due to service connected conditions. Very often PTSD Vets cant get a job. So if you are not working, your VSO should file for TDIU (Total disability due to Individual Unemployability). If awarded TDIU, you would be paid at the 100 percent rate. Thus, if you are not working, and maybe your doctor said you could not work due to your PTSD, then you should file for TDIU (which is an increase).
To get an increase, you need to show your conditions worsened, or it could well be you were lowballed in the first place
and you were "tested" to see if you would just quit and "settle in" to live your life in poverty at around $1041.82 per month
plus dependents if you have them with a 50 percent combined rating.
You can check to see if its right by plugging in your dependents here:
https://cck-law.com/va-disability-calculator/
I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened. I believe the VA has to take the claimants statement at face value and prove it hasn't worsened. The claimant's statement alone is enough to trigger a new exam.
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Please remember that anytime something is mentioned in your medical records it can be considered a claim for that benefit. The VA often doesn't take that into consideration. Never give up on an SMC claim! I won a hb/smc-s award, 31 yrs retro, 2yrs ago, b/c I never gave up.
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18 hours ago, David Ret Vet said:
I am was at at 50 percent and it was increased to 70% (approx $1,600 per month) several months ago since some 2 years of surgery. I am not sure but if I retire at age 62 does my VA Compensation get reduced by the amount of what normal retirement at age 62 (approx $1,800 per month)? Does it also ever go away like at age 67?
Thanks
You should appeal the 50% VA rating and file for SSDI because when you win, you'll get the full SS rate. Even if you received early SS retirement earlier and took it, you can file for SSDI retro, if you can show earlier disability. Also, in my opinion you should never accept an increase without appealing that VA decision. You, as the claimant, are always seeking the highest award (100%). I assisted a vet who had been denied for over the max allowed 50% rating, for a skin condition, over a 13yr period, who had had the help of 2 congressmen & a senator. We filed a CUE to the central office and won, 3+yrs retro. He chose not to appeal. I felt we could have won but it was his choice.
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On 9/8/2023 at 6:59 PM, Kadyr said:
This is about education. I’m 100% totally and permanent disable due to service connected disabilities (PTSD 70%, TBI 10% and others at 10%). So my question is, Can I go to school and finish a 4 year degree, but still get pay the same amount till I get my bachelors to find something better?
VA has told me, I can go to school, but VA will treat that as I’m getting better, so within a year my rating MIGHT go down. Which is fine with me, however, is that really true that while I’m doing a 4 year plan degree, my rating will get revised? or do they wait till I finish my degree and then find a job so that then my rating will get revised again?
What I’m trying to see is, why lower my payments if I want to just go to school now, so that later I can find a job.
I’m confuse, I’m sorry and if I’m being repetitive, then that’s another reason as to why I should go to school
thank you to those who give me a clear answer or somewhere to look this up.
I just want to remind you and folks here that anything the VA employee states should be written. People who answer questions on the phone or in person are most often the lowest people on the totem pole, as far as employment length and competency. Employees are not held liable for errors (or outright lies). For most of us we usually call just because it's easier, but a written response is provable, in case of an error and can result in a retro future win.
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Technically, in order for the VA to reduce your TDIU they must prove you have improved and are capable of sustained employment. The ability to attend school and work are two different things. I hope you are receiving SSDI, also.
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My motto is to appeal all decisions, unless you are satisfied and agree w/the results. It took me 10yrs to win 100% for a ptsd claim but I won, retro to my original claim date. Because I was awarded 100% schedular, a claim was inferred for A&A/HB, at the time. It took over 31yrs and multiple trips to the BVA & CAVC, but I won that also, w/31yrs retro, all based on evidence that was in my original claim. Always appeal your decision(s). You can also file for an increase but that doesn't get you an award to the original claim date. Never ever, ever, ever give up!!!!! jmo
- Dustoff1970 and Bluntly
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I'd check the social security death list, for where he died. I'd also check with his home of record state, ie; where he entered the service. The question doesn't say if he entered from TX. jmo
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On 3/17/2022 at 2:32 PM, Berta said:
If the DIC form was filed AFTER one year from date of death, the decision will state, why she is not eligible for a better EED.
The DIC regulations are all in our DIC forum.
If this death fell under AO Nehmer, check Footnote One here- it may or may not apply.
My husband died 27 years ago,1151 DIC /FTCA settlement-VA malpractice that caused his death.
I filed again under Nehmer 2003 and 2009 for direct SC death -my Nehmer retro went back to August 1988.
They never sent the award decision, just the death award explanation and the money deposited. Now she needs to get his complete c-file copy, DA form 20 or 201 file and a DD-215. He had a second period of service where he got bad paper, for AWOL, but will probably go to have that changed. The award was based on first period of service. Is there a deadline on a 1151 claim?? Thx
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Berta and all, she was awarded back to her claim date which was about 1yr 2mo, passed his date of death (DOD). One yr is the deadline otherwise they use claim date. They approved based on the 10yr rule. She still needs to pursue back to DOD, because she was listed as NOK in VA records and they never notified her and because of covid delays going on at the time. She got the $2k for his death/burial and was awarded new chapter 35 award, even tho she's used her's up. At least she has a reasonable amout of income, now. She still needs to find out his cause of death(COD), but will need a lawyer for that in FL.
PS: I've been having trouble figuring out how to post here.
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On 2/26/2022 at 5:25 PM, pacmanx1 said:
There are some VA employees, VSOs and others say that once a veteran reaches 100% there is nothing else, but it really depends on that veterans' medical health and records. SMC payments are normally granted after a veteran reaches 100% or TDIU so there are more benefits. It still would be very hard for the VA to prove a veteran's disability (IES) has improved once the veteran has been rated.
I would definitely pursue the ischemic heart disease. A friend received it as an "s" SMC award and the that put him over 160%,which currently is about $300+/- monthly, in addition to your monthly 100% or TDIU pay. I won mine for housebound, retro 31yrs, because I didn't give up. Go for it!!! It'll help pay for that new electric car the gov't is trying to make us all buy. jmo
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Just thought I'd post this. She was notified that her claim for DIC and Chap 35 was awarded, but it looks like they only went back one year. She was awarded on the 10yr rule. I guess another CUE needs to be filed. It's a shame they get away with doing this to claims. The average claimant would be thankful and just move on, but I can't let them get away with it. Thanks to all for your assistance!!!
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On 9/20/2021 at 6:30 AM, namvet6567 said:
Thanks, pacmanx1! Those links will help a lot, I believe it's worth pursuing. $20k is a good deal money, to me. Besides I haven't anything to do. I just have to stay alive long enough. I kept my SMC "s" denial alive for 31yrs and won in the end, retro to original claim date. Three trips to CAVC, w/the help of lawyers and the EAJA. Keep up the good work you're doing. Thanks again!
She finally submitted her CUE and answered their questions. I've had a lot going on the past month, so haven't been able to check back. I believe she should look into some other issues. One would be an 1151 claim and the other is the fact that altho she was listed as NOK, she was never notified of his death, nor could she make any arrangements for his burial or cremation. The VA took the estranged brothers word and then cremated any evidence. I think she'll need an atty for that claim. Any ideas, anyone??
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Thanks, pacmanx1! Those links will help a lot, I believe it's worth pursuing. $20k is a good deal money, to me. Besides I haven't anything to do. I just have to stay alive long enough. I kept my SMC "s" denial alive for 31yrs and won in the end, retro to original claim date. Three trips to CAVC, w/the help of lawyers and the EAJA. Keep up the good work you're doing. Thanks again!
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That's why I was asking. Both the DVA and SSDI have deadlines. However, with a CUE there are no deadlines. A CUE can be filed at anytime and the DVA must process it and they can't say you missed the deadline. A CUE can reverse a final decision, at any point. I would think that SSDI would have something similar. Anyway, something I'm going to look into. It would be worth about $20k if I won. Thank you for your input, tho.
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So this is what I got from my group member: When a claimant files a disability claim and is initially denied they have appeal rights. In some reprocity states like NH their case goes to the ALJ(JUDGE) if the claimant wishes . Then any facts or evidence not submitted or discovered is reviewed. That applies to about 5 US States for reprocity. Maine and VT does not apply. Those states they have to submit a recon(reconsiliation) claim. Which is one DDS reviewer reviews anothers work. If that claim is denied then it also gets the appeal rights to see the judge. In either case if the ALJ disapprove their cases appeal rights are offered whether in person or on CC TV are offered to forward to the Appeals Council in Falls Church VA. That is where one judge reviews another judges work. Each time any new evidence or undiscoverable evidence arises is reviewed. The final step is appeals rights to go to the States Supreme Court to sue SSA. By this time it takes numerous years...Sometimes 5 or more years. Hope this helps...
So it looks like I'm going to pursue my claim . . .
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On 9/16/2021 at 10:20 AM, pacmanx1 said:
Very good and interesting question. As far as I know and if anyone has better insight, please correct me but from what I found out is that the SSA goes by the EOD (ESTABLISHED ONSET DATE), but they will only go back as far as twelve months prior to your last application. That means if you applied in 2009, get denied by an ALJ in 2011 and then file a new application in 2012 and then it takes the ALJ (ADMINISTRATIVE LAW JUDGE) to get your claim in 2014 the SSA will only go back as far as 2011.
In some ways the SSA is like the VA whereas, you can file a claim in 2009 and it goes all the way to an ALJ and gets denied but told you can file a new application. Then when you file a new application in 2012 and wait another two years and then finally win your claim but the new decision will not reverse the old ALJ decision even though they may state that your EOD was 2009, they will not back pay, or retro pay that far. The 2011 date is twelve months prior to your last application and the SSA will not back/retro pay any further. If I am wrong or off, please correct me.
When you won your SSDI, what did your attorney say about the effective date or the EOD?
My atty was happy with the date, as she got here full pay, allowed by SSDI. I was happy at the time. Previously whenever I got denied either at the VA or SSDI I would file a new application, just in case.
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On 9/12/2021 at 7:04 PM, namvet6567 said:
Trying to help a spouse who was separated from her 100% P&T husband, for 10.5yrs, at time of his death. Never divorced as reconciliation was a consideration. They paid her his final check but then denied her DIC. He died in early 2020 at a VA contracted nursing home in FL. VA never notified her of his death. Also tried to look up m21-1 but found the VA may have discontinued it?????? Thx
This should cover it. We'll use CUE, 38CFR4.6 along with the help I've gleaned here from all you folks. Thx.
CFR § 3.53 Continuous cohabitation.
(a) General. The requirement that there must be continuous cohabitation from the date of marriage to the date of death of the veteran will be considered as having been met when the evidence shows that any separation was due to the misconduct of, or procured by, the veteran without the fault of the surviving spouse. Temporary separations which ordinarily occur, including those caused for the time being through fault of either party, will not break the continuity of the cohabitation.(b) Findings of fact. The statement of the surviving spouse as to the reason for the separation will be accepted in the absence of contradictory information. If the evidence establishes that the separation was by mutual consent and that the parties lived apart for purposes of convenience, health, business, or any other reason which did not show an intent on the part of the surviving spouse to desert the veteran, the continuity of the cohabitation will not be considered as having been broken. State laws will not control in determining questions of desertion; however, due weight will be given to findings of fact in court decisions made during the life of the veteran on issues subsequently involved in the application of this section.
[41 FR 18300, May 3, 1976, as amended at 59 FR 32659, June 24, 1994]
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20 hours ago, pacmanx1 said:
Very good and interesting question. As far as I know and if anyone has better insight, please correct me but from what I found out is that the SSA goes by the EOD (ESTABLISHED ONSET DATE), but they will only go back as far as twelve months prior to your last application. That means if you applied in 2009, get denied by an ALJ in 2011 and then file a new application in 2012 and then it takes the ALJ (ADMINISTRATIVE LAW JUDGE) to get your claim in 2014 the SSA will only go back as far as 2011.
In some ways the SSA is like the VA whereas, you can file a claim in 2009 and it goes all the way to an ALJ and gets denied but told you can file a new application. Then when you file a new application in 2012 and wait another two years and then finally win your claim but the new decision will not reverse the old ALJ decision even though they may state that your EOD was 2009, they will not back pay, or retro pay that far. The 2011 date is twelve months prior to your last application and the SSA will not back/retro pay any further. If I am wrong or off, please correct me.
When you won your SSDI, what did your attorney say about the effective date or the EOD?
I eventually won. I spent almost $1,000 purchasing the set of books lawyers use to guide them. In that set was some residual mental status evaluation form(can never remember it's name) but I posted it here, probably around 1999 when I won my claim. That form plus a lawyer from NOSSCR, won retro-actively, 7yrs, at an ALJ reconsideration hearing. SSDI has/had a 4yr deadline to file for that reconsideration, which is wondering about SSDI and a possible CUE. Thanks for responding. I've had nothing to do with my first atty.
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I believe the AO settlement paid a max of $12,500. They paid me $2500 total, ($833+once a yr) over 3yrs. I was 30%SC at the time of the AO awards settlements. Had the VA correctly rated my evidence I would have gotten the max awarded. Oh well, nothing I can do now except think poorly of the VA and never trust them or give up.
I have a group member who retired from the Navy and then worked at a local SSA office , I'll have to check w/him on the SSDI CUE rule, if there is one. Thanks for everything!!
Va Disability
in VA Disability Claims Research
Posted
I can't get to your link. It wants me to pay. Thx