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Braincloud

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  1. Like
    Braincloud reacted to MPsgt in Awarded 70% but claim sent back to gathering of evidence for IU   
    You'll receive the retro and starting receiving a monthly 70% payment the first of each month. Go ahead and file for TDIU.  The clock starts for TDIU the moment you apply for it.
  2. Like
    Braincloud got a reaction from flores97 in Deferred disability   
    Thank you all for your advice. I will keep you posted.
  3. Like
    Braincloud reacted to flores97 in Deferred disability   
    Braincloud,  I agree with Buck,  very favorable exam,  stating "more likely than not", looks like either 70% but leaning more to 100% based on severity of symptoms,  especially neglect of hygiene and intermittent ability to perform activities of daily living.  Best of luck to you
  4. Like
    Braincloud reacted to broncovet in Deferred disability   
    Filing one claim at a time, if you have multiple issues, is ok if you have plenty of money.  Remember, your effective date wont be earlier than when you file (with a few exceptions, like if you just got out of the service.)
    So, here is an "example" of how much it would cost you.  Lets assume you get awarded 20% for each of 3 disabilities, and you waited 1 year apart for each, as opposed to getting 3 disabilites, each at 20%
    A.  Foot  20%  
    B.  Knee 20% WAit one year
    C.  Hearing loss 20% wait one year.  
    If you applied all at once, this combines to 50% a married Vet would get 917.13 per month.
    If you waited a year for each Knee and hearing loss, here is what it would be:
    20% for your foot would be 263.23 for the first year.  So you would lose the difference, or 917 minus 263.  Thats 654 per month you would lose in the first year, or you would throw away $7848 the first year. 
    The second year, TWO 20% ratings would combine to 40%, so you would get 651.36, and lose out on the difference or 266 per month, times 12 months = 3192 lost in the second year.  
    Adding the two years, 7848 plus 3192  equals 11,040 total money lost by waiting and filing claims one at a time.
    Of course, there is no guarantee that each will be 20%, you might get zero.  Or you could get more.  Different percentages and different number of months to delay changes it, but in every case you will lose out on the effective date, regardless of how long it takes VA to process your claim.  
     
    I dont have 11,000 to throw away, so its better to file all the claims at the same time.    There is no guarntee that your claims will be processed faster, seperately, but its a virtual guarantee you will lose Some money by waiting to file, if you are eventually rated for that condition at 10% or higher.  

     
  5. Like
    Braincloud reacted to Buck52 in Deferred disability   
    The one thing I don't know or give out Advise on is 
     Is It better to just file one claim at a time? or if the VA will take those claims and just add to the others?
     some say yes file one claim at a time waiting 3 months apart, depends on how fast they work your claim  or any time a veteran files a claim and that claim is still gathering evidence or pending for what ever reason they will combined the claims, when they do this  it just adds more time for a decision.
    I've Known veteran to file one claim at a time & wait for a decision  if Approved in a reasonable amout of time they file for another claim,  this may take longer but if your approved on your claim  it beats the long awaited Appeals Process.
    But now they have then ITF (intent to file) covers a year after that if you don't file they close it out...but this is something to think about!!!
    I agree any time were dealing with claims Always Request your C-File.  They very well could be more evidence you can add to help bolster your claim in your favor.
  6. Like
    Braincloud reacted to Gastone in Deferred disability   
    Every Hadit member, myself included, will tell you how important getting your C-File is. The only problem, unless something has drastically changed at the VAROs, your looking at 12 to 14 months after the date you Filed the FOIA Request, before you receive it.
    You have a copy of your PTSD C & P DBQ, right? How about posting a redacted copy, their may be some answers to your "Deferred Claim" status.
    You indicate that the C & P Exam confirmed you had in-service stressors and "had been Diagnosed with PTSD."  Does the "had been Diagnosed" refer to another Dr's PTSD DX?
    Did you have a VSO-Rep complete your initial claim? What do they have to say?
    If you didn't use a VSO, might be time to get with one, if only for followup of this claim. VSOs have greater computer access to your claims info, than you do. If you can, drop in at your RO, check in with your VSO MFIC regarding your Claim. Then visit the RO intake Desk, officaly request a C-File Viewing Date with the RO Rating Dept.
    Semper Fi
  7. Like
    Braincloud reacted to Buck52 in Deferred disability   
    What exactly does it mean when your claim is deferred? Simply stated, a deferred decision means you have to wait a little longer for the VA to decide your claim. There are several reasons why the VA may decide to defer a claim, but the most common reason is that they are still evaluating the medical evidence submitted for your claim.
    It is important to know that a decision that comes back deferred only occurs when there are multiple claims pending. This situation is best described in the following scenario: Let’s say you filed a claim forPTSD, hearing loss, and headaches. It is possible that the VA would grant your hearing loss, deny your PTSD, and defer your headaches. The VA had enough evidence to approve one claim, deny the other, but not enough make a decision either way on your headaches.
    If you only had one claim pending through the VA, they would not send back a deferment. Instead, they would just wait until they were able to either approve or deny the claim before they would send you anything.
    This process can be quite confusing, especially when it comes to appealing these claims. 
    ............Buck
  8. Like
    Braincloud reacted to broncovet in Deferred disability   
    The idea is that there is evidence established for a disability for your back, but there is an issue with your PTSD claim.  Maybe they are waiting for evidence, for example.  
    Have you ordered your cfile so you know what is documented?  That is, you need to know what documentation VA has.  They may or may not have all your records.  
    If you order a copy of your cfile, you can find out.  Also, did the VA request any information from you that you have not yet complied with?  You know you have to sign a release of records for any private doctor.  
  9. Like
    Braincloud reacted to Buck52 in Deferred disability   
    Well of course  file right away if you need the $ but I don't think the VA  Cares one way or the other as for as making a decision if you got money or not...or if your about lose your home...many veterans have lost there homes broke up there family's waiting on a claim decision.
     If your Homeless then that has  or suppose to have some priority over general claims  but not always the truth.
    We just need to  out smart the VA at there own game  so-to-speak  and do what we need to do, its nice to have a retro date on 4 or 5 claims but its also nice or nicer to have  one claim S.C. Approved for compensation  and get some income coming in than not any.
     I disagree a veteran loses money if he waits to file (I do understand bronco  point and agree to a certain point) vets do lose money by not filling asap.
     However if he files a claim and is denied  then look at all the stress he/she is under  although he/she will recover what they missed out on by waiting(YEARS DOWN THE ROAD) if awarded, but again if they file a claim and get approved and then file another and get approved and get that income coming in then he/she is better off than waiting when you have to wait on long appeals ....>look what can happen...broncovet lost his Home..and all the stress he is under and took toll on his health/family...to me losing your family is not worth the wait in the Appeals line.
    I'd rather have 3 or 4 claims approved within a year than to be in the Appeals line  and by filing one claim at a time  until its approved within 3 months or so  then file for another claim and so on.
    Most Veteran files for his Major Disability First THEN GET APPROVED ..then start filing the little claims the 10% 20%30& 50% It adds up and if the veteran is at  90% 100% on his first claim  then he/she stands  a chance to get even more compensation with SMC.
    I always have believed when veterans file for more than one claim  this is what triggers the denial's in most claims...sure some are lucky I suppose and get Awarded on all their claims the first time around  but very unusual for the VA to do that.
    I suppose its how one looks at this  I always suggest to a veteran to do what he/she feels needs to do and explain to him/her how this claims process works .
     its any body's guess if they will be denied or approved  but in the first claim a veteran files for is when he needs everything pressed and Iron out  so they can't deny....if denied then we start the Appeals process.  even though  veterans should have there claims perfected Iron out on every claim.  some call it Ducks in Row.
    But  a VETERAN must understand the VA can deny for any technical reason  reasons we never knew about.
    jmo
    ................Buck
  10. Like
    Braincloud reacted to Buck52 in Deferred disability   
    Braincloud
    Your PTSD C&P looks favorable & in my opinion  it should be rated 70% possible 100%
    Its Always good for  Veteran to get their C-File even if you don't think you need it to help with your claim..its always good to see whats in it.
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