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paulstrgn last won the day on January 19

paulstrgn had the most liked content!

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About paulstrgn

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    E-8 Senior Chief Petty Officer
  • Birthday October 15

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  • Service Connected Disability
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  1. Congratulations on retiring, since you are busier that means you are having a good retirement!
  2. When I won my BVA I just did the calculations in MS Excel, I had to figure out what I was rated and what the new rating would be. It was a pain but it was within a few dollars of what I received from the VA. I found mine to be more accurate than using the retro calculators. JMO
  3. I am sure you already have done this but just in case. Make sure you write up a statement listing everything you have mentioned here in this thread. I would also get lay statements from these folks listing everything that they do for you, especially how your niece now has to drive you every where. JMO Good luck!!
  4. Welcome to Hadit Bookieboo79. GB has good advice; you may also need an IMO (independent medical opinion) to tie your hysterectomy to your military medical treatment. If you do decide to go with a VSO make sure that they understand what you want to file and that they know how to file for it. If they say you do not qualify and should not file, then find a new VSO. Personally, I think you can file for your disabilities on your own, after all no one is more interested in your disabilities than you are. I also highly recommend you going through your medical records (if you have not already) and make sure that you have filed for all the disabilities that you are entitled to. Also, make sure that you file for any disabilities that are secondary to your rated disabilities or ones you are getting ready to file for. I personally have 9 rated disabilities that are secondary to other disabilities. Good luck!
  5. I am confused, so what if it helped you do your job more efficiently. If it was caused by the military and it is causing you unwanted thoughts, ideas or sensations then it is a disability that should be rated by the VA. I don't see what difference it makes if it helped you do your job better in the military, besides you are no longer in the military. I believe you should file again for OCD and also PTSD especially since they say you met DSM-IV PTSD Criteria. I personally would file for both. Good luck
  6. You should get retro pay, depending on how large the retro pay is the longer it takes to get it.
  7. If you are married make sure you have your spouse and kids in the system, you get paid extra for them.
  8. Did they deny it or give you 0%? If you have the VA letter either as denied or with a zero you can appeal it. Just make sure you have good evidence to justify what you are requesting. Good luck.
  9. @Vync I can understand that. Hopefully they don't get worse again. You get to telework, so do I and I love it. I can make up most of the hours I use for doctors appointments so I also do not use much sick leave. That makes sense. I know I am not looking to add anything unless its a heart attack or something major like that. I know there are no more SMCs out there for me.
  10. @Vync do you use much leave because of your migraines? I am reading that you would only need minimal leave being used on a regular basis. Part of Pierce v. Principi states in pertinent part "The Secretary in his brief discusses "severe economic inadaptability" in terms of the inability to work (Br. at 7), but nothing in DC 8100 requires that the claimant be completely unable to work in order to qualify for a 50% rating. If "economic inadaptability" were read to import unemployability, the appellant, if he met the economic-inadaptability criterion, would then be eligible for a rating of total disability based on individual unemployability resulting from a service-connected disability (TDIU) rather than just a 50% rating. See 38 C.F.R. § 4.16(b) (2002) (providing that "t is the established policy of [VA] that all veterans who are unable to secure and follow substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled"); see also 38 C.F.R. § 4.16(a) (2002) (providing for TDIU rating where disability meets specified rating percentages, less than 100%, if "the disabled person is, in the judgment of the rating agency, unable to secure . . . substantially gainful occupation as a result of service-connected disabilities"); cf. 38 C.F.R. § 3.321(b) (2002) (providing for extraschedular ratings "commensurate with the average earning capacity impairment" where disability includes "such related factors as marked interference with employment")." I will assume you have already tried to apply for an increase, if not I would encourage you to try. Just put all your lay evidence (such as statements from your employer or copies of leave statements) together along with any medical documentation and try for the increase. If you are making up the hours at nights or weekends then I would make the argument that you have lost your rest and relaxation time because of the migraines. This is just a suggestion on my part.
  11. I found this: "For example, a veteran experiencing migraines two or three times per month would likely meet the “very frequent” standard. ... Finally, severe economic inadaptability essentially means that your migraine headaches affect your ability to work, often requiring you to be absent several days of the month." https://cck-law.com/blog/50-percent-va-disability-migraine-headaches/ I read it as you only have to miss a few days to qualify as "severe economic inadaptability". Do you miss work very often? This would be a stretch, but do you need to adjust your working hours (say work nights or weekends) to make up for the accommodation your employer is making for you? I would think you might be able to make an argument that you work extra hours because of your migraines. You need to appeal, even if it is denied it would show up under your disabilities in eBenefits.
  12. The difference being is I can actually spend this money or should I say my wife can...lol
  13. Called Peggy today and was informed that it was retro pay for a claim I won. Just wanted to give an update.
  14. Just got off the phone with Peggy and was told that I will receive another letter from the VA. From what I was told is the SOC is the DROs decision and now the ROVA wrote up the decision and calculated any back pay I was entitled to. The new letter was sent on 1/16/2020 so now I need to play the waiting game for the BBE.
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