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GBArmy
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Posts posted by GBArmy
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Short Answer: YES. If you think you aren't receiving what you should for a rating, you definately should appeal. So what if it takes months or even years. The time goes by whether you submit or don't doesn't it? So yes, appeal. You need to get a IMO from a doctor to say how much these disabilities now effect your life. Go to findmydisabilitymadeeasy.com, look up your disabilities and compare your conditions to the different rating levels. If you deserve a higher rating, then you need to challenge. Get a IMO letter from a doctor that supports your condition. You can do this. As for the scarring, you are half way there if they granted s-c, even if it is 0%. Again, go to http://www.militarydisabilitymadeeasy.com/scars Scars are a little harder to evaluate; sometimes the evaluator misses a scar, or forgets to add them together, etc.: it really can be questionable. Also, do they cause you discomfort, never really heal up, etc.? If you got a doctor to document that they meet the criteria for a 10%, you can use that. See https://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp to get a DBQ for the doctor to use.
Go for it!
- Ronc531 and ShrekTheTank
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Hey Geekysquid: First thing that jumps out is you have a CUE situation, where you have the documentation in your file and they completely ignore it. Ms Berta and some of the elders can address this a a lot better than I can, but if you CUE it, my understanding is the VA can see how much it is screwed up and just might clean up several of these loose ends quickly. Then you can go after some of the others. I don't know either if you can have an open CUE and also have other NOD's working at the same time. And, you also have to make sure you don't loose track of how much time you have left to disagree. A lot of balls to juggle at the same time. Good luck brother.
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Great news, Jimmer! And thanks for sharing; everyone likes encouragement and this is what someone said to me a long time ago..."you, a veteran, are to best advocate that anyone could ask for. Nobody has a greater interest in getting the best outcome. So do a good job in putting your case together." This is a great example of exactly just that. Again, great job!
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The property tax exemptions for veterans are really all over the place; most veterans know they can get a tax deduction if they file a copy of their dd214. But many don't realize not only you get that, but very often, there are additional tax deductions if you have ANY VA disability and it can vary form one town or county to the next. In Connecticut, you get additional tax relief if your disability is 10 to 25%, then 25- 50%, etc. If you get a change, either up or down, you need to bring a copy down to the tax office. Also, you should find out if once you file, are you all set, or do you need to re-file every year.
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Wondering is you are a Vietnam Veteran; there are some new presumptive diseases for Agent Orange that are being worked on by the VA and they are supposed to release those at the end of July. But that doesn't mean that they are going to start rating those conditions in July. We are talking about the VA here. Most of this info was handed over to them based on recommendations in 2010. Its over 8 years and still is not final. No one can possibly predict when the VA is going to do anything; especially if it is going to benefit veterans. I know they also are trying to get their arms around the Gulf War Burn Pit diseases; the VA is awarding disabilities based just on symptoms, but I haven't heard anything public about them defining some of those causes/diseases.
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Navy Vets Wife
There is a saying that we veterans have; we get on this hampster wheel called VA Disability claim, and we just spin our wheels. The VA delays, and denies, remands, using every little trick in their bag to frustrate and make the veteran throw in the towel. They do Not have the best interests of the veterans in mind. Quite the contrary, the more they can deny or at least low-ball on earned benefits, the better their own personal records for evaluation. They have metrics on how many claims they process, so volume on cases handled are important. It is a lot faster to deny that to justify approvals. You have to convince your husband that he has to hang in there and keep fighting. That saying we have is "you can't let the b.....ds win." You and he can win your claim if you keep on trying. Please keep on trying.
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Assuming you already have a service - connected disability by the VA, sure you can get additional compensation.If you have a s-c for the bad knees, then yes you may be able to receive a disability secondary to it for other parts, such as feet, ankles, hips, etc. But, you first have to have the disability, and then you need a nexus letter written by a (orthopedic) doctor that can make it understandable why the secondary has been affected by the original knee disability. Look up the disability at http://www.militarydisabilitymadeeasy.com/vadisabilityrating.html for the diagnostic code. Once you zero in on your disability, you can then determine if your symptoms will be compensated for. The challenge will be getting a nexus that works.
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Yes, file. ASAP. It's going to take a lot of work gathering evidence, going to exams, etc., etc. And it is going to be frustrating, but get it started now. If you don't have enough on your issue(s) and it gets denied, you still have a whole year to get what you need.
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This is the way I see it. Maybe, just maybe, you are trying to compare your old vso with this new guy. You trusted the older guy and he worked great with you over the long haul. Now he retires and, well, you know, the newbie just isn't quite right. But, here is the point, first impressions are important; you can only do it once. For whatever reason, you just aren't clicking with this new guy. No worries; just go into ebenies and remove his name. Tell him you just don't need his services now and thank him. In the future, if you have need for a new vso, get one you can work with. Like is too short; if you aren't comfortable, you don't have to put up with it. Trust your instincts.
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Well, for starters, I would say that if it does say that his dependents now have educational benefits, he does have a 100% combined rating. And as a general rule, delays in any financial benefits should be expected. I know, often at least some of the back pay/disability pay gets into the bank account, but not always. I think I would wait a little before you start chasing it down because the VA is "confused", which means they are depriving benefits as long as possible.
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Shrek is spot on; submit all of the disability claim you are entitled to. I realize that you are new to Hadit, but this is a perfect example of what NOT to do. Just because you are rated 100% doesn't mean that the VA can't back door you and take some of your entitlements away. You probably were advised that once you get to 100, you are at the top of the VA mountain and can't go any higher. WRONG. Not only are there SMC's, special situations for additional monetary benefits, but you and your family will get DIC if you should pass from one of those "new" disabilities that you get. And get additional funeral benefits, etc. But the most important reason in my opinion is the "insurance" you get just in case the VA reduces your overall rating. This can be especially something that can happen to folks with TDIU; their 100% not P&T. Get those new claims going now!
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I kinda agree with Fat: it sure isn't going to make any difference if you don'y have the 3 essential parts. But, that said, I could see a veteran submitting maybe 3 or 4 disability claims together and holding off on another batch. If it is really a strong case you have put together for the first 3 or 4, and it would appear that the VA can't possibly deny you, go for it. Especially if the remaining ones are secondary to the first batch.Seems to me that once you have received S-C for a disability, it can often be easier to get the secondaries approved because they are already connected, not in a pile not service-connected yet. To me, if I was a varo and got a claim file to review that had a dozen items on it, I would likely think that the veteran is just trying to throw the pasta against the wall and see what would stick. There is no correct answer here. JMO.
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Sometimes veterans get nervous when they go for C&P's...only natural. Most of the time you have been waiting months to get to this point. Write yourself a note if you think you might forget something to say. For hearing and tinnitus, this is particularly important. Tell the audiologist right up front that you also have ringing in your ears. If your claim doesn't include a claim for tinnitus, tell him you have it. They are supposed to include it in their evaluation, but we have seen many times the examiner won't ask the obvious question and veterans don't get a seperate disability for tinnitus if you don't.
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TBird and the others have offered terrific advise. The web site tells what the VA is looking for. If your "friend" did you wrong, eventually, it will come back to him, I truely believe that. You are better off if you follow the advise already given. Good luck going forward.
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Hi Berta:
The new article is from Fleet Reserve Assn. - News Bytes dated 4-26-19. It was forwarded as an excerpt from a friend; I can't sent the link as it is in a private email with many email addresses on it. Here is the whole article:
DOJ Decision on AOBWN Case Delayed 30 Days
The Supreme Court of the United States issued a 30-day extension to Department of Justice (DOJ) officials who are contemplating an appeal of a lower court ruling (Procopia v Wilkie). In January, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. in 9-2 decision, extended presumptive VA disability benefits to the so-called Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict.
Mr. Procopio is a Blue Water Navy Veteran who never stepped foot on land in Vietnam but was exposed to Agent Orange during his military service off the coast of the Republic of Vietnam. Due to this exposure, he developed medical conditions consistent with other veterans who had served on land, and were exposed to Agent Orange. He argued that he should be entitled to a presumptive category and thereby eligible for disability benefits. The FRA is listed as a "Friend of the Court" by the petitioner Blue Water Navy Veteran, Mr. Procopio.
Some court observers were surprised by the DOJ request since earlier VA Secretary Robert Wilkie had recommended that DOJ not appeal the decision. In lieu of Wilkie's recommendation, the Board of Veterans' Appeals removed a stay that prevented any decisions on Blue Water Navy appeals, a hold that had been in place since October. Many details remain undetermined, including the precise definition of Vietnam's nautical boundaries and the diseases that will be considered connected to herbicide exposure. The VA has indicated that a decision regarding the addition of bladder cancer, hypertension and other ailments would come in June, 2019.
Members are urged to use the Action Center to ask President Trump to direct the DOJ not to appeal the Procopia decision, thereby requiring the VA to provide this presumption to Blue Water Navy Viet nam veterans as they did before in 2002. -
Are you saying "To care for him who shall have borne the battle, and for his widow, and his orphan", the mission statement of our very own VA, is just words that don't mean anything to them?
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The Supreme Court of the United States just issued a 30-day extension to Department of Justice (DOJ) officials who are contemplating an appeal of a lower court ruling (Procopia v Wilkie). In January, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. in 9-2 decision, extended presumptive VA disability benefits to the so-called Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict. Now this little slight of hand is AFTER the VA Secretary said he didn't want to recommend any more delays. Am I getting totally negative, but we thought that the Vietnam Navy guys were going to get their coverage finally, and they did is. How come it really isn't in the news?
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I have no issue with his hat, but he could "take a little off the top."
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The award of 10% for b/p sounds right (diagnostic code 7101, I think), where you were 100 for the second number. I know the VA has special rules on which readings they use; kinda hard to beat the guy who holds all the cards you know. The most significant factor is now you are covered for hypertension; and it covers a lot of health problems, including stroke. Remember, if you should pass from a s-c condition and it is on your death certificate, your spouse can get a DIC pension of $1300+ a month. Your new s-c disability just provides additional "insurance" for your wife. Congrats!
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I agree with Vetquest and Bronc. Since you are not sure on the secondary connection for your knee I would also suggest you do an intent to file . You can get an independent decision from another doctor, an IMO might be appropriate because getting secondaries can be tough without a good doctor's opinion. Some people I am sure would disagree with me; you don't have to do that now, you can wait and see if you get denied first, but sometimes it is worth the money to get it done right the first time. But what often happens is a s-c back injury causes a change in your walking, or gate. That injures your knee. Your walking now affects your hip on the other side; next your other knee starts to go. I just feel that maybe winning on the first go round may kind of set the record for the next related injury. Jmo, that's all. And that is what is so great about this forum; you can get advise from many people who have different experiences and vantage points. Best of luck.
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Bronco and Shrek are right on. Take their advise and get the time off. If your C&P shows you have a comp hearing loss, if it is rated at least at 10%, you are likely to receive a monthly check for the rest of your life. Miss the exam and you can forget it. By the way, if you have tinnitus, ringing in your ears, and you didn't include it on your claim, be sure to disclose it to the examiner. They could evaluate it at the same time and the results would be an additional 10% disability. The VA doesn't have to be proactve and add it to your claim, but sometimes they do and it saves you time and additional effort. In any case, go to the appointment.
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Congrats to your friend and you for sticking with it and not letting the b....... win! All too often veterans give up when denied, or when they get low balled. Some of it is bad advise, like "don't rock the boat or you'll lose everything". But it is encouraging to hear these great success stories, and gives people hope. Thank you Berta.
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This brings up another point we fail to promote. There are good plumbers and then there are bad plumbers, good lawyers and not so good lawyers, and good vso's and not so competent vso's. But when you get a good one and they do a great job for you, I mean, they really know their stuff, spread the word. Tell you buddies; I have a great one and I promote veterans to reach out to her all the time. Disability claims is a tricky path to go on, especially when you have never done it before. Give them a shout out when they do good by you. And one more thing, ever wonder why some vso's are really back logged, and other are not. More likely than not I'm betting on the busy one; they are taking the time to find every angle they can for you, not just moving paper.
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It may seem arbitrary that the claim is moving backwards for you but it is not an uncommon thing. After all, this is the VA you are dealing with, so we shouldn't be surprised on any thing they do. It may be a coach or someone noticed it was not developed in a certain area and they decided to do more work on it to make it complete. But it doesn't necessarily mean something bad regarding your claim. As you see over and over on this forum, you just have to be patient and wait till it comes to you. Good luck.
Legacy, RAMP, AMP? where do I fit?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
GeekySquid
If they won't answer several attempts on the FOIA, why not call the White House number. I think they will respond then.