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Ddsr

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  1. Like
    Ddsr reacted to Mr cue in SMC-S1   
    See I feel this is a problem.
    The VA only address smc s when a veteran receives the extra 60%.
    Tdiu veterans should be receiving housebound by fact when they are granted tdiu.
    They are the only group of veterans that can't leave there home to make a income.
    Some veteran affairs Grant it I have seen bva decision.
    Howell v Nicholson it address what Congress intended for smc s
    I can't read this any other type of way
    Because the meaning of the term “substantially confined” is ambiguous and there is no regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s obligation” thereunder.  Thompson v. Brown, 8 Vet.App. 169, 175 (1995); see also Jackson and Cropper, both supra.  The Secretary submits that the clear implication of this term is that the requirement that one be “substantially confined” is met when the claimant is restricted to his house except for medical treatment purposes.  The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.  Mr. Howell does not contest this interpretation
  2. Like
    Ddsr got a reaction from cali_21B in How do I ask my shrink to help me get TDIU?   
    Best evidence you can obtain is a vocational rehab opinion. You can get this through Vocational Rehab which is free. If you are truly IU then they will not accept you into the program. If not accepted ask for a Feasiblity Letter stating such.
  3. Thanks
    Ddsr got a reaction from broncovet in Got Approved for IU P&T Today!!! Letter is confusing though?!?!?   
    100% TDIU
    Congrats! Benefits include:
    • At 100% TDIU you have restrictions as to income.
    • Full healthcare with no copays at 50% or more.
    • Travel pay at 30% or more.
    • Dependent's pay at 30% or more.
    • VR&E at 10% or more.
    • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military.
    • VA dental or with VR&E or SC mouth or jaw injuries.
    • Possible SSDI (Time Limited!)
    • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!)
    • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare.
    • DEA (dependent's education) if you are permanent (P&T).
    • Federal student loan forgiveness or with SSDI.
    • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare
    • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible
    • Space-A Flights (Cat VI) - Veteran and dependents
    • Non-VA ER if you are permanent (P&T)
    • 3 free non-VA Urgent Care visits per calendar year at 50% and above
    • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions!
    • Hearing aids and eye exams and glasses are included with VA Healthcare.
    • Here is a link to all the federal benefits.
    https://benefits.va.gov/BENEFITS/derivative_sc.asp
    • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.blogs.va.gov/.../veterans-benefits-2020...
  4. Like
    Ddsr got a reaction from ShrekTheTank in Should I appeal the effective date? If so, how?   
    You can appeal if you believe that your claim was not dated correctly. I will also show the choices. 
    On Feb. 19, 2019, VA implemented the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), transforming a historically complex appeals process into one that is simple, timely, and offers Veterans choice and control. If you disagree with an initial claim decision you received after Feb. 19, 2019, you can now choose from one of three lanes to have the decision reviewed: (1) higher-level review (2) supplemental claim, or (3) appeal to the Board of Veterans’ Appeals (Board). What are the three lanes? Choose the higher-level review option if you don’t want to submit new evidence, but you think a mistake was made. A senior claims adjudicator will review your claim in an average of 125 days. Choose the supplemental claim option if you want to submit new and relevant evidence. VA will assist you in gathering the evidence you identify. This option will take an average of 125 days. Choose the Board appeal option if you want the Board to review your case. Appealing to the Board If you appeal to the Board, you will then choose one of three dockets: (1) direct review, (2) evidence submission, or (3) hearing request. Choose the direct review option if you don’t want to submit new evidence or have a hearing. The Board will review only the evidence the local VA office considered. The Board will complete these cases in an average of 365 days. Choose the evidence submission option if you want to submit additional evidence, but you don’t want a hearing. The Board will review the evidence the local VA office considered and any additional evidence that you submit within 90 days after VA’s receipt of your notice of disagreement. This option will take longer than one year. Choose the hearing request option if you want a hearing with a Veterans Law Judge. After the hearing, the Veterans Law Judge will review the evidence the local VA office considered, as well as your hearing testimony and any additional evidence you submit the day of or within 90 days after your hearing. This option will take longer than one year. https://www.blogs.va.gov/.../appeals-modernization.../  
  5. Like
    Ddsr reacted to ShrekTheTank in 70 Percent TDIU Permanent   
    Go to Ebenefits and check you letters.  if it is update it will show if you are P&T.  It sounds like you are but it is good to check.
    You should be able to get all of those benefits.  
  6. Like
    Ddsr reacted to Berta in Template to request C-File   
    The template is good but a vet can also use this form to get a copy of their C file:
    https://www.va.gov/vaforms/va/pdf/VA3288.pdf
  7. Like
    Ddsr got a reaction from Vync in Voc Rehab 'Independent Living' or simply NIGHTMARE?!   
    It is very important that you find out who your VR Counselor's Supervisor is and contact that person to explain what your concern's are.
  8. Like
    Ddsr reacted to WomanMarine in Voc Rehab 'Independent Living' or simply NIGHTMARE?!   
    Maybe I did not make my point clear.
    I had a phone call with my VRILP counselor in March, when they first started working from home. Now she is rescheduling, because she says, she does not have access to her March notes; when she started working from home ... 
    I am in contact with VISN over this behavior.
  9. Like
    Ddsr reacted to GBArmy in Resume in person exams   
    SPO Good info to share! That's what we are all about. Hopefully, we are mindful not to shoot the messenger in the process.
  10. Like
    Ddsr got a reaction from WomanMarine in Voc Rehab 'Independent Living' or simply NIGHTMARE?!   
    Also are you trying to complete Voc Rehab with the goal to work again. If so I am guessing you are 100% scheduler? If not you can still work just making under the poverty 13,300 yearly. Either way I wish you all the best luck and getting that supervisor involved with motivate that VR Counselor.
  11. Like
    Ddsr got a reaction from Punisher in PTSD Claim Deferred, IU submitted by VA Despite Already at 100% Schedular   
    Congratulations. I was going to suggest you look in the Letters section. That almost always updates first. Time to relax now and dont forget to apply for SSDI if you have not already. SSDI also allows your children to receive a monthly check themselves as well.
  12. Like
    Ddsr reacted to Punisher in PTSD Claim Deferred, IU submitted by VA Despite Already at 100% Schedular   
    Update to what I wrote earlier.
    Although I've been at 100% temporary schedular for the last few years, and my claim for PTSD now show as "Deferred" with the RFE for the TBI moved into that claim, the RFE claim for Migraines and Insomnia shows as complete and letter sent on 6/30/2020.  I checked in the VA Letters page, then the VA Benefits Summary Letter, the one that includes whether or not someone is P&T, and it shows that I'm now 100% P&T as of 6/23/2020.  There is probably something in the letter they sent that explains the new change, though the clock is ticking for the forms they're requesting to be completed for the IU/TDIU.  If they've only finally determined my current disabilities to be P&T, without a decision on the PTSD, I wouldn't imagine more would hurt my case.
    So, if all that is going on, it makes even less sense to me that they opened an IU/TDIU application on my behalf.  Again, I really do not believe I'll be able to complete the employer form, or at best, if I find someone to fill it out, they will not have knowledge of the crucial evidence.
  13. Like
    Ddsr got a reaction from Vync in 100% P&T   
    Congrats! Benefits include:
    • At 100% TDIU you have restrictions as to income.
    • Full healthcare with no copays at 50% or more.
    • Travel pay at 30% or more.
    • Dependent's pay at 30% or more.
    • VR&E at 10% or more.
    • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military.
    • VA dental or with VR&E or SC mouth or jaw injuries.
    • Possible SSDI (Time Limited!)
    • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!)
    • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare.
    • DEA (dependent's education) if you are permanent (P&T).
    • Federal student loan forgiveness or with SSDI.
    • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare
    • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible
    • Space-A Flights (Cat VI) - Veteran only
    • Non-VA ER if you are permanent (P&T)
    • 3 free non-VA Urgent Care visits per calendar year at 50% and above
    • Check if you are also permanent as in P&T.
    • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions!
    • Hearing aids and eye exams and glasses are included with VA Healthcare.
    • Here is a link to all the federal benefits.
    https://benefits.va.gov/BENEFITS/derivative_sc.asp
     
    • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.va.gov/statedva.htm
  14. Like
    Ddsr got a reaction from GBArmy in 100% P&T   
    Congrats! Benefits include:
    • At 100% TDIU you have restrictions as to income.
    • Full healthcare with no copays at 50% or more.
    • Travel pay at 30% or more.
    • Dependent's pay at 30% or more.
    • VR&E at 10% or more.
    • Base IDs (Exchange/Commissary/MWR) for Veteran and dependents unless you are retired military.
    • VA dental or with VR&E or SC mouth or jaw injuries.
    • Possible SSDI (Time Limited!)
    • S-DVI waiver of $10,000 life insurance at 100% IU or SSDI (Time Limited!)
    • CHAMPVA (dependent's medical) if you are permanent (P&T) unless you have TriCare.
    • DEA (dependent's education) if you are permanent (P&T).
    • Federal student loan forgiveness or with SSDI.
    • VADIP (VA Dental Insurance Program) for Veterans enrolled in VA healthcare
    • VADIP (VA Dental Insurance Program) for dependent's if CHAMPVA eligible
    • Space-A Flights (Cat VI) - Veteran only
    • Non-VA ER if you are permanent (P&T)
    • 3 free non-VA Urgent Care visits per calendar year at 50% and above
    • Check if you are also permanent as in P&T.
    • Don't forget, you may be reviewed in the future! Keep all your doctors informed of every rated conditions!
    • Hearing aids and eye exams and glasses are included with VA Healthcare.
    • Here is a link to all the federal benefits.
    https://benefits.va.gov/BENEFITS/derivative_sc.asp
     
    • Don't forget each state has benefits also and may include tax exemptions, tuition waiver and more. Here is a link but check your state VA website for more details. https://www.va.gov/statedva.htm
  15. Like
    Ddsr reacted to Longfellow in Paid at 100% Back pay for increase of disability   
    You are now eligible for the additional VA SMC rating, if you don't already receive it.
    It all depends upon how this increase came about.
    Generally the answer is NO.
    Only if you filed for a CUE back to the original date of your SC disability?
    Now is the time for you to join one of the many SC 100% P+T groups on FB.
  16. Like
    Ddsr reacted to brokensoldier244th in DBQ's no longer being used?   
    DBQs are still being used but they won't have the same weight as as DBQ filled out by VA or contractor unless you have your whole Cfile for the doctor to review. There is a box on them to check that off, if the doctor doesn't, we still take it as evidence but you may still be scheduled an examination by VA or a contractor that DOES have access to your file, or whatever parts of it that were relevant to your claim that were sent. 
  17. Like
    Ddsr reacted to pacmanx1 in IBS Secondary to GERD or Presumptive   
    It really doesn't matter how you get GERD and IBS service connected, VA will rate these conditions as one due to pyramiding and pay the higher symptoms but most of the time VA will rate as IBS due to the fact that the max rating is 30%
  18. Like
    Ddsr reacted to Berta in Dental   
    This VA.gov link should help you with that:
    https://www.va.gov/health-care/about-va-health-benefits/dental-care/dental-insurance/
  19. Like
    Ddsr reacted to Berta in To Buck and others   
    Thank you Broncovet- I have no intention of suing anyone here.
    You always exhibit the voice of Reason. This is not however a "who is right' issue between members -
    It is an attack on established VA case law. 
    Alex had to post the Court Order and his apology here, at this web site, and at multiple other sites mentioned in the court order. 
    But, as many at his site revealed, he sure changed when he became an accredited agent and this recent broohaha was not the first time he tried to get me to leave the hadit site.
    He had influenced many members here at hadit to say derogatory things about WWP.documented under a search. That info is still here.
    They were believing his false statements about WWP.
    What happens to vets who believe one cannot file a valid CUE within the appeal period and then have to outlast the years a NOD and BVA transfer can take?
    His mantra here is only to denigrate the work I did to get M21-121 changed
    " A CUE can only exist on a prior final claim. "
    That is a false statement that he cannot back up with VA case law or regulations.
    It is only one of the errors he made here.The one that bothers me the most is the one about the BVA and M21-1MR.
    Alex does not have to power to cause me to leave hadit for good. Like he caused two others ,helping vets here, to leave.
    But I might say the heck with hadit , because of what GBArmy said this AM.
    He said"I believe it is my duty as Forum Maintainer to tell you."
    I believe ,however , it is my responsibility to correct errors regarding VA regs and case law here, because those regs and laws control every single claim we file. Opinions are just that but legal errors really don't happen too much at all.None of us, to include me, know it all.
    GBArmy is the one who doesn't get it.
    Buck please tell me the member who is so fearful of being sued.I will open my email  right this minute to you and to them and assure them this is not my intent at all.
     
     
     
     
     
     
     
     
     
     
     
     
     
     
  20. Like
    Ddsr reacted to GBArmy in To Buck and others   
    I haven't been on this site as long as many of you folks and I know far less than many of you. But this site is truly amazing; the amount of knowledge we have collectively is fantastic. It is a source of information and guidance not only for the veteran who is asking the question, but countless more who have the same issues to solve. I think we have to pause every once in a while and think about that. But something else we have to think about is we are all different. Different backgrounds, education, experiences, etc. That is such a gift for this site because it provide sometimes different responses to veterans' problems based on our individual experiences. Sometimes we disagree. Ok, so we disagree. If in our hearts we know the response was wrong, I think we have a responsibility to offer our own opinion so at least the veteran can have a chance of getting the proper advice. But we have to do this in a respectful way. We have got to try and make it not personal. Don't attack the other person; express why your answer would be of greater help. No one spends all this time and effort advising veterans unless they want to help veterans, our brothers and sisters. That's why we are on here folks. And I will tell you something: when we bicker and go back and forth on a personal level, it is aBIG TURNOFF. People read it and say "I don't need this kind of kid stuff" and turn away from Hadit. Guess what, we lose the very people we are dedicated to help. Please take Ms Tbird's advise; if you try and can't resolve, just put them on the ignore list. Or take it off-line by messaging. Or both. I'm telling you this behaviour make the great advisors quit and go away and it drives the very people we try to help away also.
  21. Like
    Ddsr reacted to GBArmy in Solid Proof for TDIU CLAIMS   
    Allow me to state the purpose of this forum is primarily for veterans to ask questions and ask for guidance/opinions concerning disability and VA issues they may be going through. I responded to your comments as objectively as I could. If I offended you, I certainly didn't mean to and I apologize. That said, if you already knew the answer to your questions and didn't need any responses, why did you post in the first place? No need to reply.
  22. Like
    Ddsr got a reaction from GBArmy in Solid Proof for TDIU CLAIMS   
    I agree there seems to be a gray area. The VR Feasibility Letter seems to not state you cannot obtain employment. The letter must state this. If there is writing on that letter that does not state this then it is not helpful. You do seem Kanewut to have much negative evidence stating you can maintain feasible employment. That is why it is important to continue having the VA Primary Dr. updated with visits. These visits are in the notes on MYEHEALTH which you can read. The raters look at this. I am not very hip to the appeal process so GBArmy can help you with that. It is also VITAL to have a good VSO. I learned that the hard way. Fired mine and got a dam good one and that made a lot of difference.
  23. Like
    Ddsr got a reaction from vetquest in SHA   
    Will do. I am seeing my updated status looks like i will  be approved for 3 grants. I would tell other P&T vets to apply if they own a home. The VA writes the SHA to appear only vets who are blind or without a limb to only be the qualification for SHA approval. I put in for the SHA anyways which is worth the try since I am P&T.
    THIS IS THE STATUS
     
    Specially Adapted Housing Entitlement Maximum grants allowed: 3 Grants used so far: 0 Maximum grant amount allowed: 17130 (AH Type Grant) or 85645 (PH Type Grant) Grant amount used so far: 0.0 Grant amount remaining: Max Current rating code: Not Assigned Currently Active Grant Grant Number: N\/A Reference Number: 190691 Application Date:   Recent Status: Waiting for the Veteran Service Center to provide rating information.
  24. Confused
    Ddsr got a reaction from brokensoldier244th in Pursuing 100% Scheduler Over Keeping IU   
    Never chance going for scheduler. Once you do that it opens everything up to be re-evaluated. I am told that usually a vet loses the TDIU. Not worth it. Here is a suggestion that i use. If you want to increase pay file for SMK. Sure it is only an extra 109 a month but it does not open you up for re-evals. Many vets make the mistake by going for scheduler only to lose the TDIU. If you have been TDIU for 10 years I would encourage to study hard on the facts. Many things come into factor to protect your TDIU such as age etc. etc. I would not worry about it and enjoy life.
  25. Like
    Ddsr reacted to acesup in Feasibility letter   
    If you apply for VA Voc Rehab, and they say that you are considered "infeasible" for employment, you can/should request that the VR counselor issue a letter to that effect.  It is good evidence to support a claim for TDIU, (as long as the reason for infeasibility can be attributed to your service-connected disability).
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