paulstrgn

@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.

I am not aware of any template for your statement. I have submitted several and simply write a letter in MS Word (any type of word program will work). In the header I put my full name and SSN (this way it shows up on the top of each page of the letter), and I will put a title such as "Statement about (in your case) left and right hip injuries while in the military". Something like this, and then just lay out your facts in chronological order. If you are still in contact with any of your military buddies who can attest to you complaining about your hips and that you just toughed it out instead of going to sick call then add those to your packet for you claim. Go through your service medical records line by line and make sure that you did not complain about your hips in other visits. I know when I went to sick call it was not uncommon for me to mention something else, you never know what you might find. Also did you go to private doctors for your hips within one year of getting out of the military? If so that can be evidence of injury happening from military service. You may also need to spend some money for an IMO to try and establish service connection for your hips. Always remember you are your own best advocate when it comes to filing for disabilities. Good luck.

@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.

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.

The difference being is I can actually spend this money or should I say my wife can...lol

Now if I can just keep winning the "veterans lottery"!!!!

Called Peggy today and was informed that it was retro pay for a claim I won. Just wanted to give an update.

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.

When I bought the house I am in 3 years ago, all I paid for was inspections. I am hoping for the same next time as well.

It also states: The following persons are exempt from paying the funding fee: Veterans receiving VA compensation for service-connected disabilities. I will assume by the statement that disabled vets will continue to be exempt the VA funding fee. Since I hope to by a new home later this year that I am correct.

@broncovet I should have put the decision date on my CUE, did not realize I had left it off. I am okay with the ratings they gave me for my index and long finger of 10% each, I already had 10% for the thumb. I guess I will let the case run it course (I won't request the case to go to the BVA), if I understand this correctly if I don't request the BVA within 60 days the case will be closed. I do not read anywhere if I don't send the case to the BVA I am in jeopardy of losing the 10% for the two fingers. If you think I am missing something please let me know.

I would suggest submitting the evidence again when you file an HLR. I always make sure they have the evidence I want looked at every time I file, no matter how many times before I had submitted it. Good luck!

Have you tried submitting a claim on VA.gov instead? That is where I started my last Intent to file, it may work there. Good luck.

I don't believe they can see claims you have started, only ones that have been submitted. Vetquest is correct, without seeing your screens we cannot tell you where the possible error is. As much as I know you won't like this answer, I would suggest you go back through and make sure there are no boxes that need a response even a if it is a "N/A". Sometimes boxes need something even when we are not needing them. I prefer filing online because it is much faster and usually easier to file, but when something goes wrong it can be a pain to fix it. Are you able to just start a new claim? It might be the easiest way to fix the problem. Good luck! Shrek the last time I started a claim it was on VA.gov.

Hello Taylor, I agree with Shrek, wait until after you go to the BVA for they may grant you everything you are looking for. If not as stated by GB and Shrek then get a lawyer. The main thing is don't miss your deadlines for appeals. Good luck!

I had a VSO once and decided they were no help to me. I finally got them removed and not had one since. Thank you for the suggestion Pwrslm.

GB I agree. Now if I can get them to make these deposits every couple of weeks I will be a happy camper...hahaha

Bronco I originally filled for an increase back in 5/2018 for my hand. I went to the C&P which was done by LHI. I had a pending FOIA for my C-File at the Rome and when I did receive it it had the C&P from LHI where I discovered that the VA failed to rate my one finger. That is why I filed a CUE. When I read the SOC I discovered that the VA awarded me 10% for both the index and long finger each. I was only looking for one finger not both. I am more than pleased to be since I I did get an additional 10% for the long finger. I did not expect the VA to award me loss of use, but I asked just in case. i am just confused why the case is still pending with the VA. Like I said I got what I asked for and more. Now I did not ask for a specific percentage for I don’t want to give the VA an excuse to low ball me, if they want to give me 20% I do r want to let them know I would be happy with 10%. i appreciate you looking at this Bronco, I just want to make sure I am not over looking something is all. I don’t think the BVA will give me more, but I could be wrong. I will re-read the SOC again and see if I am missing something. Thanks again Bronco.

I am confused as always by the VA decision. Long story short I filed a CUE, it took several tries to get them to accept it. On 1/7/2020 the VA sent me a SOC (redacted copy attached) which confuses me. In the CUE I had stated the VA failed to read all of the DBQ completed by LHI for a increase for my hand. They originally left the hand at the same rating (10% for thumb) and 0% for the other fingers. The original DBQ showed that because of the limitation of my index finger I should have also been given a 10% rating for it as well. According to the SOC the VA agreed with me and gave me 10% for the index finger and also 10% for my long finger (I did not expect this). I now have three ratings of 10% each for my thumb, index finger, and long finger (I also received the max of 0% for the other two fingers). I am confused that according to VA.gov my claim is still open because they could not completly grant my appeal. Now I did ask for the highest possible rating as well as stating I may qualify for SMC K for loss of use of my right hand (I always add statements such as these just in case I may actually qualify for them. It what I concerned about with the SOC I may be over looking something very important, I am satisfied with the rating of my right hand at this time. Attached is a copy of the SOC, screen shot from VA.gov, and a copy of my CUE (may not be the best written but I believein keeping them short). Please look at them if you have time and let me know if I am missing something that I need to file an appeal for, at this time I do not plan on filing anything with the BVA. Thanks in advance. SOC and Decision 1-7-2020.pdf Track Claims_ Hand_VA Website.pdf Clear and Unmistakable Error by the VA - copy.docx

That is so true, the extra money is nice but I would be happy to give it all up not to hurt anymore. We gave up a lot by going into the military, we sacrificed our bodies and mind for our country and others made the supreme sacrifice by giving their lives! Shrek your wife should not feel guilty for what she thinks are handouts, our country should be the ones who feel guilty that there are so many men and women of the armed forces that need this assistance. We have earned everything we get, its not charity and it’s not a hand out it’s what we earned!!! I have been told by coworkers that I am lucky because when I retire from the federal government, I will get three retirement checks (my military, from work, and SS, they don’t know about the VA). I tell them that they could have had the same thing if they were willing to join the military and stick it out for a retirement check. They don’t say anything to that. We have earned what we get from the VA by our sacrifices and we should never feel guilty about what little money we may get. I thank all the men and women who made the sacrifices in the military for my family and I to enjoy the freedoms we have!!! Bronco I am with you on the truck payment vs smoking cigarettes, they made their choice. I would rather have the truck!

That is so very true. At work I see so many people get jealous when someone gets a promotion, why can't they just be happy for them. This is why I also tell my wife not to let people know when she buys something nice, instead of being happy for them they say something nasty instead. I just hate that. I am not mad at those who are super wealthy, in fact I am happy for them. I just wish I was as smart or as lucky as them to have the same...hahaha But I would not wish them ill because they are luckier than me. I am thankful for what I have. Now if I did not have kids I could be very wealthy…hahaha

Bronco and Vetquest give good advice. Are you able to take an early retirement? Do they offer a medical retirement? I am not sure how large your company is, but you may want to talk with your HR department to see if they are able to assist you with work, perhaps they may offer you telework. But definitely save your money for that rainy day, when you are unable to work.

I will take whatever they want to send me, as long as I don't need to pay it back that is...haha

I looked at my bank account online this morning and I had a surprise, I had received money from the VA. Now I had won an BVA decision back on 7/2019 and as far as I know I have already received all the retro pay for that. I had to do an HLR for an EED since the RO messed up the date. But mid-October the HLR was approved with the correct effective date and I received my first retro check. In the letter it stated they held part back while the calculated CRDP. I received that retro check about 5 -6 weeks later. Now I had calculated on what I should get and between the two retro checks it was what I had expected. I have no idea what this money is for, I do have two claims pending (I checked and they have not been decided on yet) so I am not sure what the money is for. I checked eBenefits and it does not show up under payments. I will check again tomorrow but I am just confused what the money s for. I really wish the VA would put correspondence in eBenefits stating what it is for, would it really be asking to mush for them to say why they are giving you money. I am happy to get more money but also confused as to why I got it. Perhaps the VA is giving bonuses…lol

I agree with the above, but I do tell other vets to help motivate them to keep filing. I tell them that I kept filing is why I am receiving what I do, I never gave up and they shouldn't as well. But they are far and few who actually know, other than my wife no one else in the family even knows I get anything from the VA. But as mentioned above there is a lot of jealousy out there when it comes to VA money!