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GeekySquid

Master Chief Petty Officer
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  1. GeekySquid's post in Timeline for Supplemental Claim was marked as the answer   
    Here is wishing you good thoughts DoctorEvil,,,, there is a bad joke in there someplace..hmmmm
    My VSO is useless as tits on a hobby horse... maybe yours is better.
    As I posted in a thread recently she told me flat out ".....I work for the VA..." DERP DERP DERP
    gee I thought I gave my POA to the American Legion not the VA....you can guess I am not amused.
     
  2. GeekySquid's post in TDIU as a second filing was marked as the answer   
    you are not the only veteran with this issue. There is a new AMA forum on here to help tracking timing etc on the new processes.
    Be aware that if you do file an increase claim that is supposed to be considered a claim for TDIU if appropriate. You should be proactive and supply the form and document to avoid delay.
    Further be prepared funky status claims from the VA because you do have that Claim on file with the BVA. The new claim will not slow down the BVA case in anyway, but it COULD cause some rater to defer that part of your new claim. Those are two different scenarios you should know about but don't let that stop you from filing.
    If the VA awards the TDIU with the new claims, then all the BVA decision would affect is evidence of an Earlier Effective Date. It might just cause the BVA to say the issue was moot because of the new decision. Then you might have to file for an EED after that BVA decision.
    Good luck. Let us know what happens.
    As for the Address issue, there are several different systems that affect where mailings go. Go to the Director of C&P's at your local VARO and get them to help you verify where all you mailings should go. Bring the misdirected mail and envelopes with you just to show them what is happening so they won't blow you off.
  3. GeekySquid's post in Veterans Law Blog strategy vs eBenefits was marked as the answer   
    i feel compelled to make sure you do understand a fine point. you may already know it, but I want to make sure.
    A VA claim for compensation is not like a typical disability claim that SSI or AFLAK mean.
    For VA purposes compensation is paid based on the concept of the what work the AVERAGE PERSON with a particular harm can do. In other words, how will the claimed harm affect your ability to earn an income.
    That standard and most of the regs were written decades ago so contemplate the average person earning a living in farming or manufacturing. White collar work, not so much.
    A farmer with only one hand cannot earn as much as one with two hands... that type of framework.
    So when you put in a claim for compensation you must convince the VA that your claimed condition harms your ability to earn an average persons income.
    understanding this is key to how you frame your arguments to the VA. you must convince them that having bad breathe, or whatever,  means you cannot earn money
  4. GeekySquid's post in Question on appeal claim was marked as the answer   
    @rbarroso1830
    The reasons may be found here
    §4.20   Analogous ratings.
    When an unlisted condition is encountered it will be permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely analogous. Conjectural analogies will be avoided, as will the use of analogous ratings for conditions of doubtful diagnosis, or for those not fully supported by clinical and laboratory findings. Nor will ratings assigned to organic diseases and injuries be assigned by analogy to conditions of functional origin.
    and then look at this
    Eustachian tube dysfunction and Meniere's disease: a report of 341 cases.
    https://www.ncbi.nlm.nih.gov/pubmed/7457579
    Broncovet is right look up those items he mentions as well .
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