allansc2005

Gastone, I too used the SA as suggested by Attig on my last appeal. I WON that appeal! On another note, I finally got my rejection letter from Voc Rehab, however, the letter reads more like I made the decision not to participate in the program, than them rejecting me.

Bronco, you are absolutely correct. After reading the Law Blog concerning the matter, you "always" submit a TDIU claim along with your fully developed claim, EXCEPT when: 1. You have dependents living at home who will need medical coverage which TDIU doesn't cover. 2. Your fully developed case is "strong" enough-medical proof, to not need a TDIU claim attached, which is "VERY rarely".

Berta, Got my CUE filed, return receipt requested, thanks! Now on another note, as I was filling out a fully developed claim on my Ebenefits page, one of the questions deals with active duty military pay. Not sure why they are asking for that information, but what do I tell them? Hell I haven't been on active duty since 1990! Thanks.

CaliBay, A recent MRI has shown significant "bilateral" conditions not found on my last MRI, and considering my Dr. works for the VA, I highly doubt he will have anything to do with the DBQ. Looks like traction is on the horizon as well. I understand about the TDIU, and have no need to work anyway.No kids who need medical..nothing like that. Allan

Gastone, As an update, I had my meeting with the Voc Rehab folks yesterday, and as you predicted, they basically said there is nothing they can do for me. Should have my "rejection" letter in a few days, will file it with my Fully Developed claim, as well as TDIU, and see how it goes. Thanks for your advice! Allan

Was going through filing a fully developed claim, when I ran across a question about military pay. Are you expected to find your last Leave and Earnings statement and enter that information?

Was just informed that my lower back problems have worsened after I took an MRI; I'm currently at 20% for lower back issues, and 80% combined. Also, I do have 40% for my right knee. My new condition was diagnosed as Bilateral Foramina narrowing of L-2, L-3...as well as bilateral severe narrowing of the intervertebral disc space. I have also returned from the Voc Rehab folks, and they have informed my that because of my medical conditions, they are unable to assist me. So of course I will submit the Voc Rehab rejection letter should I decide on TDIU. So, what do I file for, TDIU, or increased disability for my back? Thanks.

Berta, Speaking of CUE, I got mine off to the VA yesterday, return receipt requested, and will keep you updated. On another note, I'm filing a TDIU via my Ebenefits page, and have ran into a snag. One part asks about military pay, but the question is not specific? Are they asking for a military Leave and Earnings Statement-LES? Of course, phone calls to the Ebenefits folks haven't been returned, and I'm stuck! FYI, I haven't been active duty since 1990. Thanks.

You only live once, so why walk around whining and crying all the time?

Berta, I didn't bring up your name to Jim, nor would I unless asked to. I've never talked to Jim personally, but have been a member of vawatchdog since way back when Jim wasn't it's honcho. "Flatulence" sounds right up Jim's alley considering the price of Bean-O and Gas-X have hit rock bottom! On another note, I've been fighting the VA without the help of the AL, VFW..et al, ever since I was discharged with 10% back in 1990, and I'm at 80%, but this last 20+%(yes I know you need like 140%) has been nothing but a pain in the butt cheeks! It's bad when your butt cheeks can bend iron bars waiting to see if your next claim is a go or no-go, and in my case, it was a no-go, the first case I've lost! So now with this CUE, and the results of an MRI that's clearly worse than the last one, I start my journey again, down that road of bent iron bars, gnashed teeth, and sleepless nights wondering if I've done it right this time?. "Who knows what tomorrow brings, in a world where the VA is the lawn mower, and your ass is grass..." Yea yea, I know I screwed up the late Joe Cocker and Jennifer Warren's song, but hey, life's a bowl of cherries, sometimes with the pits, but mostly without Allan

Berta, I digress, and after further review of my CUE case by everyone from the AL to every drunken veteran friend I have, I will go your route. The ONLY one that disagrees with you is Jim Strickland over on vawatchdog.org, who advised "Allan, CUE cases are very complex, and in all my years in helping veterans, this is probably the ONLY time I advise taking a case to a lawyer..." So, having said this, I had my health shake this morning, took my high doses of vitamin B complex, pulled up my big boy jeans and said to myself "F%^K an attorney, I'm taking Berta's advice here..." Allan

Berta, From everything I've read, my CUE is a very winnable case, however, CUE's can be very complicated. So at this point I have gathered all the evidence, and will turn it over to an attorney. Thanks for your input.

Gastone, Finally got my Voc Rehab appointment for 5 December. Any pointers? I'm at 80% by the way.

Too funny Berta! All the VA attorneys I have dealt with over the years HATE that damn Statement In Support of claim. Going through my entire C-file, there is not ONE SISOC present that I used early on in my claims process. What does that tell you? It tells me that the sewer lines are full of them! Allan

Berta, I wouldn't use a VA generated CUE form anyway; just like the VA's Statement In Support of claim, it's used more for truck stop toilet paper, than an "official" document to be taken seriously Allan

Berta, I took this case to the American Legion rep yesterday, and he was astounded that the VA made a huge mistake like this. He went through my C-file, as I did, and said there is no doubt about it, a CUE should be filed, and suggested the same thing you did, except unlike you, he didn't outline the letter I should use. Thanks Berta.

brokensoldier, will look further in my C-file for the full decision letter.

Brokensoldier, please note this is MY claim. The ORIGINAL award in 2008 reads: 6204 Vertigo(also claimed as dizziness and staggering) 10%. The OFFICIAL 38 CFR 4.87-Schedule of ratings 6204 from 2008-2016 reads: Dizziness and occasional staggering 30%. Additionally, my C-file as far back as 1990 shows numerous, NOT occasional, dizziness episodes. In other words, there is NO other award given for Dizziness and occasional staggering, ECXEPT 30%. Nowhere in my C-file does it ever say "Occasional dizziness"

brokensoldier, The EXACT reading of the award is: 6204 Vertigo(also claimed as dizziness and staggering), service connected incurred 10% from 07/24/2008. 38 CFR 4.87-Schedule of ratings shows ONLY a 30% rating for the above award, nothing else. To this day, I only have the 10%.

Going over my C-File this morning, a retired army buddy of mine found an award error from 2008. Here's how it went down: In 2008, I received a 10% disability award for Dizziness and Occasional Staggering, 38 CFR 4.87- ear, 6204, Schedule Of Ratings. My buddy having the same condition, was rated at 30%, so we did some digging, and found out that this condition is ONLY rated at 30%! The Schedule of ratings is the LAW in sure! Now, in view of the above, how do I bring this error to the VA's attention? What forms or format? I use Ebenefits, and will be filing a Fully Developed Claim for an unrelated worsening condition. Thanks :

Berta/Gastone, It looks like Voc Rehab won't cooperate at all with my case. They said that my 12 years is up, and they have no obligation to provide a letter as to my employability, one way or the other.

Berta, thanks, will consult with Mr. Krause. Gastone, I applied for Voc Rehab in October of this year on my Ebenefits page, and yes, it shows up has me applying. Between Berta's and your comments, I now understand the ins and outs of the program, but FIRST I need to weed through the initial application process, and HOPE the counselor understands that I, by record, do have "serious employment handicap(s). Thanks.

Berta, The problem I'm having is getting a VA Voc Rehab Counselor to return my emails/calls. I requested contact through my Ebenefits page back on October 28, and have heard nothing from the Voc Rehab folks. Thanks for your input. Allan

Berta, The problem I'm having is getting an answer to this question: How long after I was discharged, will I be eligible for Voc Rehab? Nowhere in the links you provided, nor on the VA's website, does it answer this question. I have already applied for Voc Rehab WEEKS ago on my Ebenefits page, and have gotten no response.