stillhere

I agree with you Berta but I also agree with Carlie! Remember it took over 40 years for agent orange to prevail! Now if I do the math I would doubt very much that any of us would be alive. Also looking at how they say the served on board ships or in country. I wear my Vietnam veteran hat proudly now because we will all be gone soon. Stillhere (I think)

I personally don't see this going anywhere or IF ever very far down the road when there a few left to benefit. The supposed numbers just do not show that Navy personal have an out of whack to the general public in cases of DBll, and heart disease or cancer. He is going to have to use that they do and that is going to be very hard when the numbers are not there. We all know that the Army and Marine boots on ground had supporting evidence by the numbers to show that DBll and a lot of the presumptive were more prevalent in the boots on ground veterans that served in Vietnam than the Vietnam era vets that did not serve in country. Brings in mind that old saying numbers don't lie. Stillhere

Who can explain ebenefits would have to have a crystal ball. The 800# is even worse. I did have ebenefits say something wasn't available and went back a while later and it was. If they have the system updating you are going to have to just wait until it is all updated and look. Trying to follow your claim like UPS package does not work! I know I have tried it. Just go fishing and at least know from what you said something is going on with it. i had an appeal just come in the other day that took over 5 years and I am going to appeal for an earlier effective date! Just hope I am here in another 5!! Stillhere

My hearing lose claim was first denied in July of 1984 I recently sent a form 9 appeal to the BVA and won finally. But they only granted my effective date to 2008. I have started an appeal of the claim date and tried first with reconsideration and their response is in my first post. My denial was based on a entrance exam and my exit exam both of which I feel were miss handled and miss read. Stillhere

Called the 800# yesterday and got a call back. I wanted to know if my appeal did get to the RO or not. The operator said it wasn't in the computer yet but also said it can take up to 75 days before it shows. 75 days!! Wow! This is at the Roanoke regional office. Not sure if you guys think that is long or not but I find it totally unacceptable! Almost 2 1/2 months? Just shaking my head! The guys/dolls getting out now will feel the wait longer for sure. This is plain stupid if you ask me!

I filed a NOD (letter) to the RO and requested a DRO review of my file. Today I went back and read the denial of my reconsideration and found stuff that I guess I scanned over or just didn't understand Below is what the said on my reconsideration: We have reconsidered your claim for the effective date assigned for bilateral hearing loss since your requested a timely reconsideration. We notified you of our prior decision for bilateral hearing loss on July 16,2012. We have not received an appeal for this decision or a request for revision baased on clear and unmistakable error (CUE) with respect to the assignment of the the effective date in the decision . A CUE is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. For VA to consider your request for revision based on CUE, your must specify the factual or legal error you believe VA made with regard to assigning the effective date in our prior decision. We will take no further action on your request until we receive this information or you clearly request an appeal of our decision. I sent the request for a DRO on the 15th of July 2013 but it has not shown up on ebenefits yet I hope I am not to late. Stillhere

Congratulation Aggie enjoy!

Everyone helping a vet on TDIU claim should read this, and of course the veteran doing their own claim! Stillhere

I kind of agree with Harleyman but of course you don't want to hear that and I can understand. One question I do have for you is why did you not apply for SSDI that would help your iu claim if it had been awarded. I think your appeal possibility is 50/50 and you very well could get granted! I think that we vets do not fully understand what IU means to the VA? It appears to me that they will fight it tooth and nail before they will grant it. I was fortunate depending on how you look at it and was grand 100% PT after my second heart attack and stents being placed. Think I would give back that portion if I could be doing all the things I did before! I can not do many of the things I loved to do just 5 years ago and keep nitro with me all the time and fighting the depression along the way of course. I actually could work or should I say if I wanted to. But I feel that I am extending my life by not working. I can not lift anything over 35 times and for a macho man like me that hurts but oh well. I was reading the other day a annual report from the VA on all the vets that receive comp and there are something like 2/3 million . yet there are only less than 16,000 on 100% I found that amazing and holds true to my point they do not award this as token. But to those that prove they truly are in need for help. Wasn't going to post back on this subject because it sounded from your reply post above you really did not want an answer that you did not want to hear! Anyhow good luck to you, you may win . Stillhere

Thanks Bronco, I just went back and checked my decision letter dated July 16, 2012 this was an appeal that had sat at the RO for will over 5 years and they claimed it was an award of 100% on all issues. It had a bunch of other papers like re-hab and commissary and all that stuff. But it has a form 4170 appeal of our decision and it states I have one year to appeal. Per that I assume my one year was up on the 16th of this year? I sent in an appeal on the 15th to hold that date and asked for a DRO review. I am feeling I am good to go what do you say or anyone else? Stillhere

I want to appeal by last decision based on the date they awarded my claim. I asked for a reconsideration but they said I would have to file either file a NOD or CUE. Where do I send the appeal to? My ebennies says the BVA made the last award so do I send a NOD to the BVA direct or do I send it to my RO and then they send to the BVA. On ebennies site says the BVA ruling was done on 6/28/2012 so my one year is coming up pretty close. Any guidance would be appreciated! Stillhere

You might even get money in the bank first! Watch that too. You haven't move or anything changed sense you sent it in?

Your military and VA records are what the VA will base your claims on so not sure what else you want to send them except maybe something from a research that might help prove your point better. Remember these raters are not doctors! If they see a medical term and do not know where it is going they will get some one to tell them. I have always found that telling them how your disabilities effect my day and hold me back works pretty good. In others words on sleep apnea I would say that I wake up or don't sleep well and I am tired during the day and sometimes even fall asleep at my desk. I am assuming the VA has already done a sleep study. Stillhere

Not sure if taking out the IU would put it back on schedule as you say. You can try of course but seems to me like each time someone does something while the claim is being processed that causes it to be pulled and put back! Kind of like chewing gum and walking not sure they can do that . Ha Ha! Stillhere

I would call one or both of the phone numbers given and ask for an email address you can send to or a fax number. I prefer the fax number or email but to each his/her own. Stillhere

Here is the law give it a read and decide if you fit: § 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

Well as you may know or not age is not supposed to be a factor in awarding compensation but. I wonder how the VA will react to the fact that you are retired and getting payment from your job and SS and VA comp now? VA comp has always been to replace the earnings that we as disabled veterans can not make because of our disabilities. When I looked at your post I wondered why so many had viewed it but not answered. I am assuming it was out of respect that you did serve your country but also... I am wondering what it is that you are looking to accomplish and why?

Looks like your just venting and no question. Go fishing or spend time with the family or play checkers! It will be done when it is done. Most of all do not fret it you are just going to have to wait a little bit longer. Good luck! Stillhere

The BVA denies or approves, usually the RO will set the rate based on the guidelines from BVA and send the compensation from date of the claim. If you applied 1 year ago then you would get the additional comp in a lump sum and they will tell you what your new monthly payment will be. Sit tight you are good to go! Stillhere

Good point!!

How can you have marriage without sex? Or sex without marriage? They go together! When I fell in love with my wife and decided to marry and live the rest of my life with her I then also in the eyes of the church in my vows that I would not forsake another. I have been true in that regard and not strayed. We have raised our family and are now living out our golden years together as man and wife. This is the way the holy father wanted it to be. Now if being with someone of the same sex is not about sex then what is it about? Stillhere

I agree! I also would ad that the country is to sexually sensitive. Making a persons sexual preference an invitations to benefits is just ridiculous. Sex and who you prefer to have it with should not be a deciding factor to any answer. Get out of by bedroom!

T Bird, This is just a sign of the times unfortunately! As long as this country is virtually being driven by SEX it will continue. I think this mother and daughter are being realistic..

If you our anxious an want to know right now! Call the VAMC you go to and ask if you are eligible for dental? If they yes then you are all set! Good luck, Stillhere