Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
GBArmy
-
Posts
2,886 -
Joined
-
Last visited
-
Days Won
111
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by GBArmy
-
-
Since you are not a Vietnam veteran and the case you reference referenced A.O. and petroleum products, it is almost a slam dunk that the VA will emphasize the A.O. connection. What does your service records say about exposure to the fuel, etc.? Do you have s-c in your files about illness because of the exposure? What was your MOS; does it lend that you were routinely exposed to the fuel, etc. ?Just referencing that case isn't going to get you far. Yes,the VA May use family history as to why you have bc. So if you don't show anything in your files, you are in trouble. You need a very strong IMO from a cancer doc that says your bc is connected to fuel exposure, and the doc has to show medical studies that will back up his opinion. Keep searching.Your case isn't strong enough yet.
-
There are occasions when when someone posts a complicated problem and as you read it you determine that it is way too difficult and has too many elements for the person to handle it by themselves. If legal assistance is what you believe is the truly best advise for that veteran, it seems that it is against the culture of this forum to give that advise. Handling the claim might be the best advise for most people, but not for that person. So, in the future, if I come across a posting like that, I too will let someone else advise.
-
Hi Emma. You have a lot of things going on and I suggest that you have so many things still on the table that you see a competent lawyer for appeal. You have to evaluate what specifically you have to claim and see if they match up with the appropriate diagnostic codes and how serious the conditions are. Because you have MH disabilities, I think it makes sense to get several of these outstanding disabilities approved in case your rating is decreased later on. There are several law firms listed on this blog but you should talk to a few and see who you may be most comfortable with. One of the things they will evaluate would be the early effective date for some yof your potential disabilities. You may be a candidate for 100% TDIU as well.
-
From what you said, it sounds like the balance of your claim would be on remand. But, then again, until you get your confirmation BBE you will have to wait and see. Ebenefits isn't always dependable; could change after posting. You should get the confirming in a week or so usually. Sit tight and wait for it.
-
Whoa!!!
-
It would help if some asshat didn't propose reducing VA benefits every year because 'entitlements'....
Now boys, if they did do that it would take some of the fun out of complaining...
-
As you can see from other responses, a rater has the authority to make a decision based on the info and evidence presented. It doesn't mean that the decision has to be logical. As John suggests, it seems that half the time they deny the claim knowing the veteran won't appeal the decision. If you have the three elements for a claim, and as reported by you, you do, you just have to wait for the decision. Don't worry about it; it's natural to do so but it isn't going to change anything. Wait for the decision to be made. Hopefully, you get what you deserve. If not, you appeal. Best to you.
-
You could get a copy if you file a Freedom of Info Form, but the decision will be done long before you get the report. There must be some SOP not to disclose when they have an addendum to a dbq: it happened to me as well. Your best course of action is just to wait it out another week and see. You can always file after the decision anyway. They wouldn't tell me anything when I called Peggy either.
-
-
What was the reason for denial? What was the reasoning? What diagnostic code is applicable?
-
But even if you were allowed to continue driving, should you? If you are loosing consciousness don't drive!
- vetquest, ShrekTheTank and paulstrgn
-
3
-
That is a well thought-out letter and it states your position clearly. I see no reason that it should be not be seriously considered by the RO. The only thing I could recommend for now would be to request a follow-up meeting with the RO to discuss. If they say no, so be it. You are on record. If you have to take an additional exam and if the results are negative, you certainly have a reasonable basis for appeal. JMO.
- ShrekTheTank and vetquest
-
2
-
Armyman-The VA does what the VA does, meaning it does what it wants. Makes its own rules, and sometimes breaks them. If it is to your benefit, you just go with the flow. Everyone is different, so it certainly can happen not to get an increase from the VA with out an additional C&P. What is your situation; what is your disability? You said you were last rated 7 years ago; that is not a long time to go without a new exam. Some veterans never receive another exam. How old are you? Has your condition changed; gotten better or gotten worse? If no change in your condition, you probably shouldn't be looking for a new exam, right. If it has gotten worse, that may be a different situation. Your personal situation and facts determine if you should take the next step.
-
Don't fret. It isn't going to do anything to your disability comp. It's $7.00 not $70K. You are allowed to make really low amounts, like way less than min. wage. This is just an accounting transaction to clear a nominal amount off your old employer's books, like in getting rid of minor liability on their books. If it makes you feel better, contact them and ask them to reply in writing the reason why the amount was paid. Lastly, I don't think they have to report that low amount on a W2. And I don't believe that the other veteran didn't appeal such a stupid ruling, if the VA did do that.
- GeekySquid and vetquest
-
2
-
Sure, other than hanging on for an hour, you do end up talking to someone. Sometimes, and I do mean sometimes, you can get some useful info out of them. I found calling between 2:00-3:30 PM isn't too bad (usually.) Good luck.
-
First and foremost when you file a disability claim and already have disabilities, it opens the door for the VA to look at everything you have. I wasn't able to open what you posted so I don't know what else you have there. Also, If you do have surgery, and you are recovering, you get a temp rating of 100% for that condition for a year while you recover and then you will be re-evaluated for the residual conditions and rated accordingly. With several conditions, you might as well expect that you will be able to appeal at least some.
-
Tanker, there are people who can address your situation from first hand personal experience a lot better than I can, but I know that you can , if you wish, be proactive. Write down as much detail as you can about your exam experience, in as much detail as you can remember, then sign and date it. Do that today. Did you ask her if she read the WHOLE file, and if she didn't (because she was reading it as you were at the exam, )some of the things she says in her DBQ will be inaccurate. I have heard that you can call the VARO officer right away and express your concerns that she is not being objective and ask for a repeat exam, although I am not sure you want to do so. Others can comment on that.
-
Sometimes, the good guy wins!
-
For those who have mobility problems or balance issues, there really are physical exercise programs that can help and will fit your problems. For example, you might be able to find a a Tai Chi class or yoga that you just sit in a chair, no kidding. Even in small town the senior center or Y have all kinds of programs at all levels. And if they don't have anything that is what you need, more than likely they will know where there is something. Maybe it won't work for you, but I guarantee you'll never find out if you don't try.
-
Doesn't sound good I admit. But I believe your best course of action is to go to the next C&P; you must not miss it. I would specifically ask the examiner why you have to re-take the exam again and make a note of his response. Bring a copy of the last exam and ask him if he has seen it. Make a note on that response as well. Make sure that you ask him if it isn't for a re-exam of your tinnitus as well. You don't want to get blind sided later on them trying to take that away too. (I don't think the VA would do that, but why not ask?) Then you wait for the BBE. If it is negative, then you have a basis for appeal. Just got to wit for now.
- vetquest and GeekySquid
-
2
-
Getting a 0% rating is also a good thing for 2 more reasons. If you are in need of life insurance, you can get service-Disabled Veterans Life Insurance. You have 2 years after your award to get it. And, even if rated at 0%, if you should die from that condition, your spouse can get DIC. But the most obvious is what Buck pointed out, if you are s-c for a disability, you already did the hard part about getting the disability. If your condition worsen, say hearing loss, you just ask for the re-eval because s-c is already acknowledged.
-
Geeky on the comment about figuring out VA math, if you have 2 0% disabilities and they somehow effect your employability, it can convert to a 10%. However, that only can work if you don't have any rated disabilities. As soon as you have any, the 10% converts back to to their original ratings of 0%. A lot of veterans don't know about 0% ratings and think they were denied, and they do carry some benefits.
-
If you are sure they don't get a piece if your already at 100%, then I stand corrected. If that is the case, it's just another example of VA Compensation being screwed up. So if a attorney helped you get a boatload on an appeal for an earlier effective date, or they helped you get a cue from 10 years ago with a bunch of Benjamins, because you are already 100%, they couldn't get compensated?That doesn't make any sense. For your sake, I hope you are mistaken my friend.
-
Sounds like you have really had it bad dealing with the VA; most of us have, but perhaps not as repeatedly as you. But that said, I really don't understand "I can't afford attorneys". You don't pay them out of pocket; they get paid (20-25% usually) out of the award. When you have a convoluted case to appeal like yours, I usually say to the veteran I am trying to help " I have a cookie jar. What would you like, 3/4 of the cookies in the jar, or an empty cookie jar? It isn't your money until you win, no matter if you are right or not. I don't know if you have a case for a cue, or not (that's out of my pay grade), but there is EER, possible smc's, etc.Get a good attorney, and win.
Got my decision but math question to go with it.
in VA Disability Claims Research
Posted
Riplip, I got good news and bad news. Good: going to 70% from 20 is fantastic. Very hard to get the VA to grant hearing increases like that now days. Bad: VA's math s correct I get 70 +30+10+ 81.1 Rounds down to 80%. It really is "VA Math", but you did pretty good. It really gets hard to move the needle for you now on disabilities.