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Bigkevo44

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Everything posted by Bigkevo44

  1. Ok great Berta and Seminoles for all your help. I'll have him to contact his former school regarding this issue. Kevo
  2. This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010.

    I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal.

    My questions are:

    (1) Approximately how long before I receive the back pay?

    (2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record.

    (3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible?

     

    Thanks so much in advance for all your help in this matter.

     

    Kevo

  3. This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010. I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal. My questions are: (1) Approximately how long before I receive the back pay? (2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record. (3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible? Thanks so much in advance for all your help in this matter. Kevo
  4. I am so grateful for all the assistance and helpful advice that I have received from the many caring people on this site. Approximately a year ago, I was finally awarded TDIU (IU) through the VA after a long six year battle. As a result I am entitled to all the "bells and whistles," it provides. Fast forward to May 17th of 2017, when I was scheduled to receive my much needed dental implants. I went in for the procedure and met a young dental intern "doctor" who looked to be around 23 years of age. In spite of my nervousness, I allowed her to proceed with the surgery. These medical students typically work at the VA for one year or so for the experience, then leave to jockey for real jobs in the medical field. After the surgery was over, I discovered that it would take approximately six months for the appliance to adhere to my jawbone prior to them installing the caps. The "doctor" informed me that she would not be around in six months and that the next intern would install the two caps. It wasn't until approximately July or so that I was informed by the new intern that my implant on the right side had been put in improperly and as a result would leave a gaping space between my teeth. She determined this from the x-rays. Just as predicted, this past November 2017, I was called in to have the appliances installed just to discover the new intern was right. When asked what could be done to correct the situation, I was told that nothing could be done. As a result of the placement of the implant, I now experience discomfort and the inconvenience of having to remove food deposits from between the one implanted molar and my real tooth. I am so distressed about this situation. I may have been better off leaving well enough alone. I guess everything that is free isn't really free, huh? What if anything can I do about this situation. Please advise. Thanks
  5. Thanks so much for the valuable input. I will keep you all updated.
  6. No he was never service connected for anything during his life. Is it too late to open a posthumous claim?
  7. I have an 82 year old aunt, whose husband died mysteriously after a battle with cancer and a seven year hiccup. He died from prostate cancer. The thing was, he was a veteran of the Korean War (Conflict) and was honorably discharged. However, that he died about 30 years ago. She asked if I could help her to file a claim with the VA for any benefits that she may have been entitled to as the surviving spouse of a war veteran. She is convinced that his cancer may have come from his tour in the service, especially since he died relatively young. I would appreciate any feedback on this issue regarding the direction to go in, if there is one. Thanks,
  8. I'd just like to thank all of those "gurus" and knowledgeable folk that led me in the right direction with my claim. After six long and tedious years, the VA has finally deemed me 100% TDIU Permanent and Total. In September of this year, I didn't even have a rating and I went from 70% in October to 100% P&T IU in December. With God's help, the power of the IMO, and hadit.com, changed my outcome. Now I have all the benefits of a truly disabled Marine, deserved, but long time coming. No more automobile registration fees, property taxes or student loan debt. Moreover, my kids will receive Chapter 35 benefits to use for college. There are many other benies, but you get the idea. Thanks again for all of your help...great site.
  9. When I contacted the VA telephone line, they still show 70%. Very confusing, but I am still hopeful. Thanks for all your help and I promise to keep you updated. Y'alls help is invaluable...
  10. Hi Berta, The strangest thing happened to me today that I want to get your opinion on. Once I was service connected at 70%, I put in a claim for IU. Actually I put that claim in about three months before I received my decision. However, once I received the good news, I immediately applied for the Service-Disabled Veterans Insurance policy for $10,000. The premium amount on the paperwork was for a different amount than what I received in the mail. So, I called them and was informed that my premium had been waived and paid by the VA because of my 100% P&T status. They said it went into effect from my last day of work which was March 16, 2015. I was shocked to say the least, so I hung up and called back to speak to another representative; same answer...WOW! The problem is that it isn't reflected on eBenefits at all. Moreover, when I called the VA and spoke with the representative there, she stated that she still sees the 70% rating and upon closer look can't see whether a determination has been made yet. This is confusing to say the least. Both this representative and eBenefits says that a determination should be made sometime around May 2017. I haven't supplied any new evidence as of yet to the VA for IU...could this be an error on their part. What are your thoughts? Thanks in advance.
  11. Thanks a lot Berta, That was so truly valuable information and advice. I'll let you know how I make out.
  12. Berta, No I wasn't officially employed at the time of my award except for as a very part time Uber driver. No, I don't receive SSDI yet, its on appeal. I'm planning to get another IMO from my doctor. The VA's statement says "The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation... A higher evaluation of 100 percent is not warranted for bipolar disorder unless the evidence shows total occupational and social impairment, due to such symptoms as: Listed... The decision represents a grant that is considered to be a full and final determination of this issue on appeal. Please advise... Bigkevo
  13. Thanks for all of your help especially Berta. This past September 2016, my case was approved at 70%. After submitting an IMO from my doctor along with all of my other medical evidence including a positive C&P exam, I was awarded. After reading the judge's decision, I am convinced that the IMO and not the C&P exam is what won. Because I feel I am unable to hold a job, I need advice on how to approach TDIU. Should I file the IU form 21-8940 or file a NOD or appeal? I read somewhere that an appeal is the smart move, since I may be entitled to retroactive pay at 100% instead of the 70% rate. The problem is that I fear filing an appeal because they may find justification for reducing my rating. What would you do?
  14. Yes, I think you all may have hit upon something with your evaluation of my situation. In fact the Training Letter 11-03 actually refers to the need for a nexus letter from an IMO. Quote: "If the examiner determines that it is at least as likely as not that the claimed condition resulted from exposure to the known water contaminants, service connection can be granted and a disability percentage assigned based on the examiners assessment of symptom severity. The good news is that my private psychiatrist has agreed to prepare a professional opinion nexus letter for me on yesterday during my appointment. I was sure to provide articles, my statement, VA medical records and the TL 11-03 for his usage. I also made him aware that there needs to be a strong rational for his opinion since the VA requires it. He said it will be ready in a week... Thanks for all the great advice.
  15. Ok thanks for the input. Looks like I will pursue the IMO route to connect the water to my condition.
  16. Okay thanks again for your insight. It still scares me a little that the C & P doc focused on the secondary claim and practically disregarded the Camp Lejeune part.
  17. Okay thanks Buck, I guess that I should've mentioned that it was a remand from the beginning. So what if the RO denies my claim, will I have any recourse? Can I appeal or does the judge make the final decision?
  18. Fantastic advice Buck and I really appreciate it. My only question is do I wait until I am denied before I request another C&P exam and when should I file my NOD and get the IMO? By the way, this claim was remanded by the BVA for further development. Does that matter? Here what the judge said: REMAND The Board finds that further development of the record is needed for proper consideration of the issue on appeal. The appellant asserts that during his training at Camp Lejeune, he was exposed to contaminated drinking water, and contends that his claimed psychiatric disability is related to such exposure... VA Compensation and Pension Service Training Letter 11-03 indicates that persons residing or working at the U.S. Marine Corps Base at Camp Lejeune from the mid-1950s to 1987 were potentially exposed to drinking water contaminated with volatile organic compounds (VOCs), incloding benzene, Vinyl Chloride, trichloroethylene (TCE) or tetrachloroethylene (perchloroethylene, or PCE). The Letter also provides that service connection for a disability caused by contaminated water at Camp Lejeune requires evidence of a current disease, evidence of service at Camp Lejeune during the period of contamination, and a medical nexus between the two, justified with a rational scientific explanation. The appellant's service records confirm that on ACDTRA he was stationed at Camp Lejeune (falling within the range of subjects identified as potentially exposed to VOCs during such service. His VA treatment records show that he has a history of depression and has received VA treatment for such disability. The appellant has not been afforded a VA examination in connection with this claim. Given the circumstances outlined above, the Board finds that the low threshold standard for determining when VA is obligated to provide an examination (under McLendon v. Nicholas, 20 Vet. App. 79, 81 (2006)), is met and that a remeand for an examination to secure an advisory medical opinion in this matter is necessary... Thanks in advance for your help sir.
  19. Thanks for your response Buck. From the beginning I contended that I suffered from psychiatric issues like depression and anxiety as a result of consuming contaminated water while at Camp Lejeune. The PTSD was secondary. Unfortunately the doctor didn't seem to review any of the materials included in my file regarding the materials from the VA and USMC created listing Neurobehavioral Effects as one of the 15 conditions it condends that veterans station at Lejeune from 1953 to 1987 may suffer from. She seemed to place more weight on the secondary issue and that could be a problem for me. I have included psych records dating back to 1995 to present...no family history. This is frustrating!
  20. Thanks for responding Berta, Quite honestly I am a little confused too. During my C&P exam, my main point of contention was that I suffered Neurobehavioral effects from consuming contaminated drinking water while at stationed at Camp Lejeune, NC back in 1986. I did mention to the doctor that back in 1990 During the Gulf War and while attached to an IRR unit, I feared that I would be deployed to fight in Afghanistan. However, this point was secondary to the Lejeune issue. Here is what she wrote… “Veteran also reported that he was stationed at Camp Lejeune in 1986 for training. A correspondence statement in the veteran’s medical records indicate that he was stationed in the Warehouse Unit (3051) for training (ACDUTRA). As a result, he reported that he qualified for the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. Veteran reported that he suffers from Neurobehavioral Effects.” Veterans mental health symptoms started approximately nine years after he was stationed at Camp Lejeune. While medical records indicate treatment for a mental disorder, no evidence is provided supporting a causal link between the veteran’s mental disorder and exposure to contaminated water while stationed at Camp Lejeune in 1986. Veteran’s medical records have been reviewed and an opinion cannot be rendered without resorting to speculation regarding whether the veteran’s mental health symptoms are related to being stationed at Camp Lejeune in 1986.
  21. I finally received a hard copy of my recent C&P exam. I had to travel to the actual VAMC in DC to retrieve it even though I submitted a paper request about a month ago. Anyway, here are the results… Please tell me what you think my chances of receiving a favorable rating are. My claim was remanded back to the VARO by the BVA for further development and a C&P exam. Here are the results… ICD code: 309.28 (F43.23) Mental Disorder: Adjustment Disorder with Mixed Anxiety and Depressed Mood Under #3 Occupational and social impairment [X] Occupational and social impairment with reduced reliability and productivity is checked For VA rating purposes, check all symptoms that apply to the Veteran’s diagnosis: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Impaired judgement [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining work and social relationships [X} Difficulty in adapting to stressful circumstances including work or a work like setting [X] Impaired impulse control such as unprovoked irritability with periods of violence Remarks: The diagnosis obtained was based on the criteria contained in the Diagnostic and Statistical Manual of Mental Disorders -5 (DSM-5) TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. b. Based on this examination and veteran’s current symptoms described in the examination report, the veteran meets diagnostic criteria for Adjustment Disorder with Mixed Anxiety and Depressed Mood (with alcohol use) as outlined in the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5). Therefore, the current diagnosis is at least as likely as not related to the veteran’s fear of being deployed to the Gulf War during his Active Reserve Duty Training in 1990. Thanks in advance for all your help and advice.
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