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ToddG
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Posts posted by ToddG
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TDIU was approved this morning going back to my original filing date.
Left arm radiculopathy was approved at 20%, but it still shows in Pending Disabilities so I think it's being worked on.
Cluster headaches are approved at 0%, but it still shows in Pending Disabilities, so I think it's being worked on.
This brings my schedular to 84%.
Diabetes is deferred.
All other new claims went back to "Review of Evidence" in Pending Disabilities.
Letters say T&P.
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Claim just updated with "Attny Fee Eligibility Determination" in Pending Disabilities. It showed up as Pending Decision Approval.
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Thank you for the heads up, Berta. I'll be prepared to fight.
Do you have any idea what the "Attorney Fee Eligibility," "Attorney Fee Memo," or “Secondary Approval Required” mean? Or why I wasn't sent for a C&P on my hips?
THANKS!
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It's exactly a year since I posted here, and things are finally moving again.
There was a delay caused by the USPS. My local PO is notorious for misdelivering and losing mail, and this time it really bit me.
In any case, here's what my claim looks like now:
Pending Disabilities
Disability Submitted Type Actions
Attorney Fee Memo 03/19/2020 NEW View Pending Claim Gathering of Evidence
Attorney Fee Eligibility 03/19/2020 NEW View Pending Claim Preparation for Notification
Bilateral Hip Condition 10/02/2019 NEW View Pending Claim Preparation for Notification
Degenerative Arthritis Cervical Spine 10/01/2019 INC View Pending Claim Preparation for Notification
Diabetes Mellitus Type 2 10/01/2019 SEC View Pending Claim Preparation for Notification
Headaches 10/01/2019 SEC View Pending Claim Preparation for Notification
Radiculopathy Left Upper Extremity 10/01/2019 SEC View Pending Claim Preparation for Notification
It was stuck in Gathering of Evidence for months, then Review of Evidence for weeks. Then, last week it moved rapidly to Preparation for Notification on 3/19. The Attorney memos also appeared on 3/19 – and I have no experience with them, so I have no idea what they mean except what I found in other peoples posts.
I lost my initial TDIU claim, and I now know why – I have the C-file and the C&P examiner wrote that I was unable to function in a “physical work environment.” But I’m not pissed, because I didn’t have the strongest evidence on three of my four initial physical claims, and he gave me service connection – which will help me forever. The TDIU is currently in appeal (secondary consideration) with an attorney, and he now appears on all of my claims, even though he’s only covering the TDIU appeal going back to May 2017. I’m hoping I don’t have to fight to keep him from getting the fees for the newer claim – which he never touched. I will happily pay the fees for the entire time if the claim he’s handling gets approved first – and it may, because it’s also in Preparation for Notification.
These things appear in the claim, but I won’t speculate as to what they mean:
There is a “Secondary Approval Required,” now closed out in the “needed” section.
All the dates for the new physical claims were 10/02/2019, but they’ve changed four of the five to 10/01/2019.
I went to two C&P exams, and I think the first examiner was a dud (the reports are very poorly written), but no one ever examined my hips. Fingers crossed that they just gave me a “bye” on them because I submitted a crap-ton of medical evidence, including xrays.
I’m happy to read any input or answer any questions, and I’ll check in when I know more.
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I called Peggy today to find out how to get a copy of my C-file and asked about this claim while I had her on the phone. As expected, she couldn't/wouldn't tell me much, except that on her end the claim closed today (3/25) - which is strange because ebennies said it closed on 3/22. She said the BBE goes out tomorrow, and in my experience, that means I should have it by Saturday. I'll update when I know more.
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10 minutes ago, Buck52 said:
ToddG
Hopefully the BBE will have exactly what you want in it.
Just have a Plan B ready in case it don't , but it sounds favorable to me.
Buck52, for anyone similarly situated and following the thread - what about this strikes you as favorable? Is it the details of the claim?
Of course, the money would be nice - but I'm not in an emergency situation. So, no plan B needed.
THANKS!
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Moved to "Complete" today. Ebenefits says the BBE is on the way, but so far there's no change in VA letters or effective benefit date.
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16 minutes ago, vetquest said:
I know it is tough but wait for the BBE. If you get really desperate you can check under Vets.gov and check to see if the claim is closed. It will usually tell if the decision is granted or denied.
Thanks, vetquest. My case may be unique in that I was initially approved for more than I expected (I expected 30-50% and got 80%). If I get TDIU it's an unexpected bonus. So, I have zero stress about what happens and when it happens. I check ebenefits frequently so I can try to see what's happening without missing anything for the sole purpose of posting it here. Maybe what I learn can help a brother or sister who is stressing out. I've received a lot from the veteran's community - I hope to give back in some small way.
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Moved to Preparation for Notification today.
So far I can't see any changes in letters or anywhere else in ebenefits.
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Here's a quick follow up for anyone following this thread.
Claim showed as reopened on 01/11/2019 and went straight to "Preparation for Decision" the next day with a completion date of 02/02/2019 - 02/28/2019.
I've called every other week to make sure everything looks right, and that they don't need any further information from me. One of the Peggys even said it looks like a simple case of reopening and correcting an error, FWIW.
I have an attorney on standby and will go to NOD if this doesn't work out.
I'll check in again when I know more.
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2 minutes ago, broncovet said:
So, the IU was denied Oct, 2018? It will be "ok" to see if the IU claim was reopened, but what were the "reasons and bases" for IU denial? You indicated they said your IU was "NSC". This is a classic ploy used by VA..the same one they used for me. I was eventually awarded TDIU, but not until fighting with VA for 15 more years.
What "disabilities" did SSDI say you were disabled for? Look it up on the decision and see if you are service connected for those conditions. You can use the Social security letter for evidence also, as I explained, if SS said you were disabled from conditions that the VA says are SC.
My advice is to wait, but in no circustances should you NOT file a NOD before Oct. 2019 UNLESS you have already received TDIU or 100 percent schedular.
Thanks for the fast response, broncovet.
It looks like they considered the SSA decision in determining that I was non-SC IU, but they don't say which disabilities, so I have to assume it's the disabilities that were deferred and later approved as SC.
My major beef is that they decided against service connection while there were still deferred disabilities, and then didn't reopen the IU claim when ALL the deferred items were later approved, PLUS the C&P examiner added another one.
Peggy even agreed with me, FWIW.
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Greetings! I've been lurking here for a bit and have been the beneficiary of quite a bit of good information. Now I have a question specific to my claim that I don't see answered anywhere else.
Here's a quick synopsis of my claim:
SSDI approved; 13 DEC 16
Intent to file VAD; 22 MAY 17
Completed filing; 14 MAY 18 claiming four disabilities (cervical spine arthritis / left hip arthritis / L&R shoulder bursitis and tendonitis) and IU
Received first rating decision; 31 OCT 18 - left hip denied / left shoulder approved @ 20% / right shoulder and neck deferred / IU denied, but VA acknowledges I am unemployable but due to NSC disabilities
Received second rating decision; 27 NOV 18 - cervical spine approved @ 30% / right shoulder approved @ 20% / C&P examiner added right upper extremity radiculopathy @ 40% (surprise!) so, VA math - 40+30+20+20 = 80%, and all back pay received
But my IU claim was left in the dust, and I'm thinking it should have been re-opened.
Called today and spoke to Peggy - she filed for a reconsideration of IU based on new rating decision and agreed it should have been held open till deferred items were decided. She said it should reappear on ebenefits within 30 days, and call back if it doesn't
My question is: Should I do anything else right now, or just wait the 30 days and see what happens? Plenty of time for a NOD later.
How does this all look? Complete claim as far as anyone can tell?
Claims examiner may have made a mistake...
in VA Disability Claims Research
Posted
Thanks! It was a grind, but well worth it.