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About melonbread

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    E-3 Seaman

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  • Service Connected Disability
  • Branch of Service
  1. Buck, which SMC would ArNG11 meet if P&T? and IU = 100%?
  2. so TDIU doesn't get you chapter 35 benefits for your kids and spouse until it becomes P&T?
  3. I'm pretty sure there is information regarding my question somewhere but I'm still little confused on what is the difference between TDIU and P&T? I thought when you are granted TDIU you are automatically 100% and your kids and spouse are subject to chapter 35 benefits? and P&T just means it's permanent?
  4. it's been three month and still no changes in my disability and still getting 80% instead of proposed 70%. Should I reach out to VA and let them know someone dropped the ball in my case?
  5. Hi Berta, thank you for your reply. I have hearing loss but is not at VA compensable rate so it is denied for service connection. I did get awarded 10% for Tinnitus. I thought vertigo was from my ear conditions instead of tying it together with TBI.
  6. VSO told me I can't do anything about CUE that VA has created since it's clear mistake.
  7. thank you for your replies. Berta: I currently work and plan to do so unless/until I start losing it a little more and I see no other option but to venture into TDIU. I'm in mid 30s and have young kids so I'll need to continue working. Broncovet: My vertigo is usually once a 2-3 weeks but recently had few falls right outside the house which led me to hospital. nothing serious but cuts and bruises at this point but started worry me a bit. VA had me do complete balance test and revealed I have abnormal balance issue. I don't know how to reply back to your question regarding TBI... I'm just out of it most of the times and I try extra hard to concentrate to get things completed that others may not realize. BLUF, I rely on my wife heavily on daily basis. I'm not sure if I'll still be here without her support and guidance. I last read the letter one more time and I thought VA is recommending to re-evaluate my TBI residual symptoms to include the vertigo? my current rating for TBI is residuals from memory loss and concentration. how should I go about the appeal? do I visit VSO and express my concerns? is it even worth it when it's pretty clear of VA's mistake? thanks a bunch again.
  8. I submitted new claims back in March 2016 and received partial decision for 30% increase for post traumatic vertigo as secondary to my 40% TBI. I was waiting on my ear and tinnitus claim to be completed and as those two claims closed out I received a notice to retract my previous partial rating of 30% increase for post traumatic vertigo. I'm little lost of what I should do and seeking advice from you all. Whether the evaluation assigned for post traumatic vertigo was clearly and unmistakably erroneous. Clear and unmistakable errors are errors that are debatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. a determination that there was a clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision. once a determination is made that there was a clear and unmistakable error in a prior decision that would change the outcome, then that decision must be revised to conform to what the decision should have been. In this case, the disability evaluation is reduced because the previous decision was a clear and unmistakable error. The rating decision of April, 2016, contains clear and unmistakable error in the establishment of a separate 30 percent evaluation for post-traumatic vertigo. The decision in question established a separate evaluation using a symptom of traumatic brain injury (TBI) already evaluated under the faucets of TBI evaluation, as vertigo is a subjective symptom that is already considered in the faucet of the TBI criteria. The evaluation of the same disability under various diagnoses is impermissible under the laws governing service-connected compensation benefits (38 CFR 4.14). Evaluations concerning residuals of TBI require that a VA decision-maker evaluated each condition separately, as long as the same signs and symptoms are not used to support more than once evaluation, and combine the evaluations for each separately rated condition. remaining residuals that cannot be attributed to distinct diagnosed conditions as result of TBI are considered under the aforementioned facets and single evaluation is assigned (38 CFR 4.124a). As the etiology of your vertigo was noted to be symptomatic residual symptom of traumatic brain injury rather than an etiologically distinct diagnosis, there is no basis upon which to establish a separate disability evaluation for this condition. As such, the current evaluation is proposed to be discontinued effective Mary 2016, the date it was erroneously established; upon final discontinuance, this condition will be evaluated as a symptom of TIB and combined accordingly. Your overall evaluation is proposed to reduced from 80 percent to 70 percent as a result of this discontinuance. Please note, as this reduction is the result of VA error, no overpayment will be created as a result of discontinuance.
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