GBArmy

RedoneMudcat Welcome to Hadit. I don't know what else to recommend; you seem to have pushed all the buttons I could think of. One very long shot: similar situation but the veteran I recall was very ill. He went to the newspapers and media. If there is a human interest story you might get a sympathetic ear from a reporter. The VA doesn't like those types of stories and if you call it to there attn. after publication (not the threat), there is a possible movement on their part. Might be worth the effort as you've tried most everything else. Best of luck.

Alex is Alex Graham and he does Asknod https://hadit.com/meet-asknod-2/ Do you have a VSO? One with access to the VA's VBMS will be able to help you see what's going on I would expect.

bankkpkbill If you haven't gotten all your records yet, request your C-file. It's going to take a year to get it but there may be something else in there you might be able to connect. I always ask the veteran "did you ever go to medical and what was it for?" Just turned my ankle, or I was getting frequent headaches is a response. That might get you ankle/foot/ back connection, or migraines. Or, most often, after reviewing you file you see medical entries you didn't remember and there could be a connection now. Keep reading and help other veterans.

If you submitted on 12-1-20 the EED would be 1-1-21 the next month is correct.

Bangkokbill Congrats!! Nice job keeping with it. Check your state's Veterans' benefits, including registering in the town hall for exemption for property taxes (Home or car.) Maybe life insurance. Check other benefits; here is a resource: https://cck-law.com/blog/list-of-benefits-for-disabled-veterans/ Good luck.

SgtRamz Welcome to Hadit. "That don't make sense" well, welcome to the VA hamster wheel. The remand requirements by the BVA back to the RO is the hold up. They could start paying out before the remands are completed, but usually they want to complete the who action . The remands probably means that the VA has to further develop, like in doing additional C&P exams or getting some other medical evidence, to determine how your remand conditions can/should be rated. You can try and find out by calling the same number and see what they are trying to do, such as when is the next C&P and then work from there. If you have financial hardship, you may declare that but I'm not sure that will get any expedite for you.If you have a VSO, you can ask them what doses the VBMS system that they have access to shows for activity. But this can take a while.

Overthere. Not to worry; just ask your question. The main reason for veterans to continue to seek additional claims after reaching 100 TDIU is that they want to try to go back to work. TDIU means, you CAN'T work. If you earn above $13k or so, they will re-eval and probably drop you down in rating. So that is the usual situation. Your 70+ probably, so do you really think you can handle a decent paying job now and do you want to do it? The other major reason to pursue after getting 100% P&T is if you can get SMC's because you have a lot more issues going on. With VA math, it isn't easy it's not just another 50% rating you need to get. see https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/ for starters.

I think that you have a case, as is. I'd go for direct lane with the BVA. More evidence is , well, more evidence. You can go with what you have and if not successful, re-do again with new evidence. Or, obtain more evidence prior to appeal. Up to you.. There are always many options in presenting a claim.

Hi Georia12345 Welcome to Hadit. MH and especially going for TDIU are tricky but you seem to have everything in order. I at least would appeal to BVA. You may have a stronger case if you appealed in the supplemental lane and provide a stronger reason why you can't work either from a vocational expert or a psych doc, but I would appeal to the BVA direct lane at the minimum.

Brian360 Welcome to Hadit. Haven't heard of that before but I would think it would certainly be considered lay evidence. Submit a statement in support of the claim (and maybe your wife can do one also.) Use form 21-4138 or new form 21-10210 and use attachments. But I suggest that you have a nexus from a doctor at a minimum that talks to your current disability and their symptoms and the event, accident or injury that occurred while you were in service. He must have an opinion that they are connected, and use word like "...at least as likely as not " and have back up rationale connected them.

Andrewdc Great example of keeping at it with the VA; congrats to you and Alex. If you have a SMC situation that is really complex, I definitely would contact Alex. There are many examples posted where he has helped veterans get what they deserve. Certainly he can handle only a limited number of veteran appeals at any one time, but if you have him doing it, he is a bull dog on getting to where you need to be. Again, congrats!

Pacmanx1 I just don't know what they could be thinking. They must not have gotten that official memo about "non-adversarial". Not to worry though; we all know the VA puts a premium on helping Veterans with the claims process.

Mark777 That is a comfort thing. You have to interview with them and after discussing you need to make the best selection for you. So, some of the ones most mentioned are Woods & Woods, CC&K, Perkins, Hill & Ponton, Chris Attig are a few. No particular order. Another recommendation would be Alex Graham of Asknod. Alex is a claims agent but very good on complex SMC's (if he will take you.) Berta is excellent but some of these may have a little more experience in what your situation is. This is your claim; interview a few and take the best.

Rattler I don't like advising specifics on CUE's because there really are so many twists and turns they can go. Berta is terrific on strategy for CUE and there are a couple more who post here that have been successful. Two things I would suggest you consider, however. You could be talking about possibly a really big back pay. The VA has lawyers and on big cases they don't hesitate to call in the big guns. You should have a lawyer too. A good one (unless you went to law school-probably not.) That means don't try to cheap-out; get professional help. Several great lawyers are mentioned here on Hadit. The other obvious thing is you must base your claim on the regulations/laws in place at the time. Again, that is legal-beagle stuff. You may be able to confirm the laws in effect at the time. but there will be other related laws you won't be aware of that also will connect to. We wish you the best success. If you have been wronged, don't give up.

Overthere Sorry brother, seems like you have your share of bad. Actually, I'd like to comment on two things for you though. First, we don't like veterans downplaying there disabilities with comments similar to "others have it a lot worse" Every veteran deserves to be compensated for their disabilities and every one is different. If you have the symptoms and you get the diagnosis plus a nexus, submit the claim. That kind of comment discourages veterans from getting what THEY deserve. The other thing is have you ever been diagnosed with that hernia? I'm not a doc, you aren't a doc, and I'm pretty confident the DAV VSO isn't one either. But be careful. You're rated 100% with TDIU, correct. It's been long enough that you could request re-exam to make it P&T if that is something you want.. That said, I'm not sure why you want the new hernia be service connected unless you can mayne get close to SMC's. But get it evaluated, get it diagnosed and repaired whether or not it is s-c. Lastly, maybe we were "looked down upon" back then, and maybe we still are by some. It's a bitter pill but nothing you or I can ever do to change it. So it's ok. Welcome home brother.

Jesse Welcome to Hadit. Congrats on your successful win! Covid may have its part in the delay, but your digging shows the release on Aug. 17th; that's a blink on the VA's back pay money machine. Less than 2 weeks, so that is really where you proceed from. I'd call "Peggy" at 800-827-1000 and ask what they can tell you, but don't count on it being accurate or up to date. If you have a VSO or someone that could look into your file, I'd certainly try that, but again, I doubt if it would be very helpful. Or, you could submit an IRIS request or contact your Congressman's office. They may get results but I don't know how quickly you would receive an answer. The point with the Congressman would be financial hardship. Be sure to check your direct deposit with your bank; most likely it will show activity of pending deposit before your actual notification from the VA. Sorry, but it is part of the VA's process called the hamster wheel. But keep at it!

Agree, Tbird. If it improves security and privacy, who can complain.

Triondales Welcome to Hadit. You have a tough road to climb in my opinion. I is extremely unlikely at this point to win without some very good assistance. Start looking for a good lawyer that will take the case. Research here on Hadit and remember you don't have to be located physically for a good result, so don't think you need a local firm. Search especially for those who handle MH issues like PTSD. Every case is different so keep at it. It is also extremely likely that you are going to need more medical evidence. If you have a continuously developed claim, it may result in a good deal of back pay, which of course is the incentive for the lawyers to take you on. G ALL the medical evidence from your doctor sessions. You need someone with a fresh set of eyes to develop a plan with you. Won't be easy, but we encourage you to work it as you can win.

Harry59 You're good to go, Buck is right. After 20 years, the only way they reduce would be due to fraud. If you have additional evidence of having symptoms for 20 years, how would they possibly show your original award was based on false info? Just about impossible. Go ahead and file. In fact, if your symptoms affect your earning income, after 20 years, put in for TDIU if it fit your situation. But in any case, you are good to go. Good luck.

Hucast21 Congrats! Great job by you. You must be smarter than the average Bear as Yogi used to say. IU is not an easy road most often and recognizing you need extra help is sometimes ignored and it end up costing in time, money and stress. Back pay is pretty sweet too. Don't forget to help out Hadit with a contribution if you can . We want to continue helping others by being resource that helps veterans on their road to compensation.

Hi Jetmech Welcome to Hadit. No, being on SSDI probably isn't enough by it self. Need a severe hardship, although if you are 75 years old, you do meet one way. See the criteria by the BVA here https://www.bva.va.gov/CustomerService.asp

talusians I don't know what your dbq is that has to be filled out, but if there are questions on there that weren't asked or test eval done that should have been, then you are right to call out the examiner. If that situation continues to exist and you get a low-ball or denial, it is a CUE. The RO doesn't like obvious failure to assist errors. Veterans can indeed file secondaries related to a s-c disability rated at 0%. I would go one further; I would submit it as additional evidence to your file. If you end up going HLR and/or BVA, it would be very favorable evidence. Be sure to mention length of the exam time.

Agree with ALL the postings so far; great advice. They can and probably will be looking at your knees/hip relationship. One can cause the other, right? Keep at the eye disability claim. I assume your doctor is a VA doc. I would be going to another eye specialist and getting an opinion as to whether or not you have a Glaucoma which is diagnostic code 6012 or 6013. Get them to diagnose AND provide a med for you to take. Maybe, just maybe, you have some other eye that would be covered as opposed to Glaucoma. See https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_79.doc Don't self-diagnose; get a doctors diagnosis first. If you submit I would suggest claiming an eye disability based on your service "including, but not limited to Glaucoma." Let the VA figure out if there is something else you may qualify for.

Dougs Sorry but I left out an important item for you. If you haven't started doing it, start a Migraine log. Date, time, duration, if you had to take any meds (even over the counter) and you will submit that with a statement in support of the claim-new form is 21-10210 where you talk about how your headaches disrupt your life and work. Need a couple months of entries; you may find Migraine Buddy app works for you but your own record format is fine. If you haven't started keeping a log, start now. Also, call 800-827-1000 and tell the VA you want to file an intent to file to protect your claim date. Written, if you want, is VA form 21-0996 Intent to file.

Hi Dougs Welcome to Hadit. There are no easy answers for resources; you are going to have to do your own research. Use facebook and other resources as well. Have they provided med evals for veterans in the past? Call and ask if they can fill out a dbq (VA Form 21-0960C-8, but make sure it is the latest form-see expiration date on the bottom of the form.) Migraines, or any headaches, are evaluated under diagnostic code 8100. Check the symptoms against what you experience; it is frequency of the episodes, meds, duration and "prostrating." It isn't difficult to be evaluated, but you may face additional expense to have it done. But assuming you meet the criteria and you do get a favorable diagnosis, you still need an event while in service, and then a doctor, probably your current neurologist, to opine on why your event is directly connected to your current condition. That is a nexus and that definately should cost you some $ to get it right. Research what goes into a nexus letter. The doc has to provide a rationale, based on tech journals and studies, etc and state his opinion that your "event" is as "likely as not" the cause of your current condition. NOT PROBABLY. As an additional note, do a self assessment of how they affect you from a mental health point of view, especially depression and/or anxiety. Often they can be a secondary disability to migraines. Extreme situations could possibly lead to TDIU because of your symptoms effecting your employment. 10% and 30% are common if you get it service connected.