Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
paulstrgn
-
Posts
1,074 -
Joined
-
Last visited
-
Days Won
26
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by paulstrgn
-
-
THe VA ignored my IMOs it took me going to the BVA to get the win. Even though it was my money already I still enjoyed the nice retro pay when it came in.
Remember the only time you lose is when you give up, don't you can win your claim.
- Dustoff1970 and GBArmy
-
2
-
1 hour ago, Buck52 said:
so be careful asking these Veteran friendly VA Dr's to help with your claim or fill out a DBQ..
The funny thing when I asked my PCM at Fort Eustis he told me that the VA is supposed to do DBQs. That is why I had to spend money out of my pocket to get one done. With that said the money I spent was well worth it since it helped to get my claim approved and a nice retro check.
JMO
-
Congratulations on getting 100%
-
In my case the VA have a NP with the VA do my IMO for OSA. Is this your first IMO from the VA (whether by contrator or VA) for OSA? They only did one on me before they denied me. It took an IMO plus a DBQ (DBQ was free by my sleep doctor) and then it was not approved until it went to the BVA.
Hopefully LHI gives you a favorable IMO.
Good luck Shrek!
-
2 hours ago, Willy P said:
did you elect to have the same office process your HLR?
Honestly I do not remember. I personally don't think it matters if it is worked at the same office or a different office.
-
Sadly nothing happens to it while it’s in the CUE. After it is in the system (not CUE) it gets put into the system to be worked.
The hard part now is waiting for it to be worked, try and not think about it (which is not easy) for the next 60 days. The VA has gotten faster in my opinion on working claims.
Good luck!
-
1 hour ago, El Train said:
But since I'm a 100% P&T, I'll let the VA have it's meaningless victory. Throw them a bone. Good job guys. You got me good. If I wasn't 100% P&T, I would be stuck in appeals for years only to win.
I was 100% P&T when I filed my HLR for the VA not rating my hand correctly. THe VA agreed with me and moved my 100% P&T date back a few months and I received a retro of over $3K. So even if you are 100% P&T you can still when and in my case receive some retro.
In my opinion you should never give up if you are correct. When you give up the VA wins and you lose,
JMO
-
I have had good luck and bad luck with HLRs. One was denied and the others were approved. Of the approved ones all but one was for an earlier EED the one was for them failing to give a C&P.
HLRs are the same as with any VA claim (in my opinion) there are good examiners and so so examiners. I hope you get a good one. I am a firm believer in HLRs.
Goo luck!
-
@Mantana Like stated above don't get discouraged from some comments on this site. There is alot of amazing guidance on this site from the memebers who have gone through what you are going through and those with a lot of experience. You have three doctors who state you have GERD then I would argue thay all can't be wrong.
Like I have said before take the advice that you believe is best suited for your situation and ignore those that may not understand or know what they are talking about. I know for me I don't comment on PTSD for I know nothing about it, I may give words of in couragement but that is really it.
Always remember you have the most to lose by not getting the best advice and never giving up on the fight until you get what you deserve.
Good luck and stay positive!!!
-
Thanks for the info Bronco
-
Congratulations!!!!!
-
I guess is why I am confused is why the VA gave me an effective date on 7/23/2014 for hypertension which is one year prior to my very first claim. I retired in 1995.
-
If you give up then the VA wins, don't give up you can still overcome the VA denying you for OSA. I was first denied because the VA stated I was overweight and because I was getting older. I had to spend the money to get an IMO to overcome the denial at the BVA level. I did not want to spend money just like everyone else to prove that my disability was SC. You need to look at it as an investment, how much more you will get if you are approved for OSA at the 50% level.
There is a lot of excellent advice on this website and you need to decide whether that advice is applicable to you. You are the only one that can make that decision no one else can for you.
Good luck!
-
I lost my sense of smell and when I did I also lost my sense of taste (my two are not service connected). Did you also lose your sense of taste? I find the following ratings for the two:
§4.87a Schedule of ratings—other sense organs.
Rating 6275 Sense of smell, complete loss 10 6276 Sense of taste, complete loss 10 Note: Evaluation will be assigned under diagnostic codes 6275 or 6276 only if there is an anatomical or pathological basis for the condition. -
Pete I filed my first VA claim on July 26, 2015 (I procrastinated for 20 years on filing for VA benefits) for hypertension, OSA, scoliosis, right hand problem, dermatitis, and foot problems. The hypertension and OSA was denied and everything else was approved with an effective date of July 26, 2015. I kept the two denied issues active until it approved by the BVA on July 2, 2019. When I filed back in July 26, 2015, I did file a FDC when the VA had a program which grants up to One Year Retroactive Benefits for Veterans Filing Fully Developed Claims to Help Reduce the Backlog. Here is the link https://www.va.gov/opa/pressrel/pressrelease.cfm?id=2464.
Because the VA had this program going when I originally filed is why the decision for hypertension gave the July 26, 2014 date. I am thinking that the VA should have done the same with the initial 40% and for the OSA claim that was granted by the BVA in 2019.
Now it has been less than a year since I received my ratings for OSA, but is it a CUE for the original 40%?
-
Here is a redacted copy of my decision, I forgot to upload it originally.
-
If I remember I thought the VA had something to if you filed a FDC you got a year earlier for an effective date. I don’t remember where I read that now.
-
I received my decision on my HLR for hypertension and now I have some questions.
1st, in the decision there is a statement “An evaluation of O percent is assigned from July 26, 2014, one year prior to the date we received your claim which was continuously appealed.” This is one year before I filed my first claim. Should the effective date be July 26, 2014 or should it have been July 26, 2015 when I filed for hypertension?
I am asking because if this is the case should my original disabilities (40%) have also been July 26, 2014? If so is it to late to appeal it? I think yes but thought I would ask.
Also part of the original claim was for my OSA which was part of the hypertension appeal that was granted on July 2, 2019. The effective date given for OSA was July 26, 2015 for 30% and then 50% as of September 11, 2015. Should the effective dates also been in 2014 also?
Needless to say if this should have had an EED this would make for a nice retro pay for me.
My hypertension was granted from a BVA win on July 2, 2019. I originally filed on July 26, 2015. Should the VA have used a BP reading from my medical records to have rated my hypertension back to July 26, 2014 instead of giving me a 0 percent rating, my medical records would have least given me 10% back then. Or am I just out of luck?
Thanks for all the advice.
-
When I fax in claims I find it takes between 3 - 4 weeks to show up in the system. I will usually call the 800 number and they tell me my claim is in the cue to be uploaded into the system.
-
I retired from the military in 1995 and diagnosed with OSA in 2015. I was denied the first time I filed and denied after filing several reconsiderations as well as an HLR. Finally approved at the BVA in 7/2019. I had one DBQ, one IMO and three lay statement (one was from my supervisor while in the military) the others were my ex-wife and adult daughter as well as a statement written by me. The IMO talked about symptoms such as undiagnosed hypertension, my BMI the last five years while in the military and he also stated that he reviewed all my medically records.
My evidence submitted when it went to the BVA was DBQ, IMO, relevant medical records, a spreadsheet indicating my blood pressure readings while in the military, a spreadsheet showing my BMI the last five years while in the military, and the buddy/lay statements (they stated I had loud snoring, would wake up gasping, and was always tired).
Long story short you do not need to be diagnosed with OSA while in the military you just need to have evidence to support you had the signs of OSA. In my case, I had not even known what OSA was until several years later.
Good luck and don’t give up you can get there.
-
It is true with SSI, I will start to collect it around the end of the year, I will be 63. For me with my 2nd marriage I have two young boys who will be able to get SS when I start drawing it. Plus like Hamslice states for breaking even on SS vs full retirement is even higher since I would figure in my boys as well, mine would be closer to the late 80s. I hope I will live a long life but as we all know one never knows when it is our time. Plus who knows if SS will even last or will eventually run out like other benefits have.
Everyone really needs to figure it out for themselves for what is best for them.
-
I was looking at moving close to Tampa so my family and I can go to MacDill AFB. I guess I no longer need look at buying need a military installation.
I don't even want to get started on Tricare for Life.
-
-
I can understand smaller military bases that don't have the capacity, it has always been like that since the late 70s. I don't know if Lackland AFB hospital still does this but they used to take civilians from downtown because they were a level one trauma center. Perhaps that has changed too.
Winner! Winner! Chicken Dinner!
in Success Stories
Posted
Another great win!!