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GBArmy
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Everything posted by GBArmy
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Argument Letter Sent
GBArmy replied to Hucast21's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Winner, winner, chicken dinner. Congrats to you! Working on any secondaries? If you can get to 80%, you can work at it and get to 90%. Re-eval anything you have wrong with you, especially if it isn't s-c already and see if they can be linked as secondary to your s-c disabilities. And, of course with VA math, it is a lot easier to get from 80% to 90% scheduler, than 80% all the way to 100% unless you can do the TDIU route. Good going. Berta is right, strokes and T.I.A.'s can be service connected several ways, and Matt Hill is a very good lawyer. But I would suggest a different approach and that would be Dr. Craig Bash. He has extensive background in neurological injuries and is very successful in developing IMO's and dbq's. Not cheap, but he may be able to get you a pathway for several secondaries based on your medical evidence, including TDIU. I'd recommend contacting both of them. -
Success Voc Rehab Independent Living Track
GBArmy replied to Tbird's question in VA Disability Claims Research
TBird I heard that there was an APB by the cops for a woman that answers to your description doing wheelies on a a scooter up and down your street. Be careful out there folks! -
Argument Letter Sent
GBArmy replied to Hucast21's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Winner, winner, chicken dinner. Congrats to you! Working on any secondaries? If you can get to 80%, you can work at it and get to 90%. Re-eval anything you have wrong with you, especially if it isn't s-c already and see if they can be linked as secondary to your s-c disabilities. And, of course with VA math, it is a lot easier to get from 80% to 90% scheduler, than 80% all the way to 100% unless you can do the TDIU route. Good going. -
Farstar Welcome to Hadit. Berta is correct; there can be numerous ways to connect strokes/TIA's.. I also recommend starting up a new post If your husband has any already service-connected disabilities, list them also. One way is to s-c to heart disease and to htn. Many other disabilities, called secondary, can also be linked if you get the TIA's approved, such as blindness, mobility, mental health, to name just a few. In order to help you we need more facts. When was he in, Were did he serve, more about his respiratory issues, etc.
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Anxiety - am I doing this right?
GBArmy replied to USMCNASA's question in Entitlement - Veterans Compensation Benefits Claims
USMCNASA Yes, you have a difficult situation to overcome, but, a BIG BUT, you have to have a diagnosis AND a nexus to win your claim. On MH conditions, the VA does their own evaluations and you may not get full value if your's it isn't done in person as your evidence. You could trust that the VA can come to the same conclusions as your own doc, but I would not expect it. The VA is very inventive in denying claims. Keep working the problem and get a good IMO and dbq. I mean that you should get your private eval, in person, if you can. If you are going for PTSD, the VA is not going accept your evidence by itself. I believe on MH disabilities, they much rather have their own C&P than just go with your evidence. And you ask is it a sure thing that the VA will award? Are you kidding? We're talking about the VA here. No such thing for sure that the VA is going to do what they should for a veteran. If your evidence is legit, they won't disregard it, but they certainly can say that the VA dbq and eval is more probative i.e. better. And, regarding OSA, I agree with pacmanx1. It is serious business; have your VA gp order a sleep study. Breathing, IMHO, is a good thing.- 32 replies
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Anxiety - am I doing this right?
GBArmy replied to USMCNASA's question in Entitlement - Veterans Compensation Benefits Claims
USMCNASA Yes, you have a difficult situation to overcome, but, a BIG BUT, you have to have a diagnosis AND a nexus to win your claim. On MH conditions, the VA does their own evaluations and you may not get full value if your's it isn't done in person as your evidence. You could trust that the VA can come to the same conclusions as your own doc, but I would not expect it. The VA is very inventive in denying claims. Keep working the problem and get a good IMO and dbq.- 32 replies
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Uterine Fibroids/Hysterectomy Post Service
GBArmy replied to vee330's question in VA Disability Claims Research
K. Turner Hi K., welcome to Hadit. OK your two questions. First, to get a disability from the VA you need 1) a current diagnosis, 2) an event or injury in-service, and 3) a medical opinion that they are connected Ex. your ankle injury/surgery is the cause of your current foot arthritis. If you had a diagnosis that your hysterectomy was caused in the service, you need a doctor to provide that analysis and rationale, called a nexus. Your own doctor can do that, but it is advisable to read up on what is needed for a successful IMO or nexus. The doc provides his reasoning, based on a technical basis and lists his or her professional accomplishments, kinda like a biography includes his professional degrees, any published articles, etc. As for your second question, it may be connected to the Korean territory as it relates to Agent Orange. Many diseases are considered presumptive to A.O., but there are strict limitations regulating that condition See https://www.hillandponton.com/va-presumptives-korean-veterans/ If this doesn't fit your situation, then I'm not aware of any other special considerations for Korean veterans. So it would default to the 3 elements explained above. As an aside, if the veteran was a Marine and was stationed at Camp Lejeune, there are presumptives for cancers if they meet the requirements of time frame and duration. See https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/ I can anticipate you have more questions based on your specific details. Ask away if you do. -
Uterine Fibroids/Hysterectomy Post Service
GBArmy replied to vee330's question in VA Disability Claims Research
K Turner You have posted on a very old string and not likely to get a response that will make sense. Repost as a new question and be specific as to the info you are looking for. -
Aggravating Log onto Va.gov and scroll down to the "letters" section. Print a copy of your benefits letter and just bring it down to the county (or town's ) assessors office and ask them. It is that simple. What works in one jurisdiction might not fly in another.
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Anxiety - am I doing this right?
GBArmy replied to USMCNASA's question in Entitlement - Veterans Compensation Benefits Claims
USMCNASA Your buddy letters are good; shows before and after. You have continuity. Diagnostic codes for MH are all lumped together. If you are granted s-c, then it is 0, 10, 30, 50, 70, and 100%. If you get 0 or 10% you are getting low balled and it may be fairly easy to appeal with your evidence and get at least 30% (or higher.) So it is a decent add to your already 30%, so a combined might get to 50% or better. But you're right; you need a pro to opine that it is from service. I would look at it as an investment. A few grand from a psych for an IMO and dbq would pay for itself in a couple of months. If you need to go thru a lawyer, there are several good ones, such as CC&K, Woods & Woods, Hill & Ponton, etc. But understand, it is a lot easier to go for an increase on an existing s-c disability than to get an approval on a previously denied disability IMHO. I would make the investment myself.- 32 replies
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Anxiety - am I doing this right?
GBArmy replied to USMCNASA's question in Entitlement - Veterans Compensation Benefits Claims
USMCNASA We need a little more info on your situation. Do you currently have any VA disabilities? Are any of them for MH, like depression, anxiety or PTSD? I am assuming that you don't currently have any MH disabilities as service-connected and you are going for a new rating. If that is the case, it doesn't sound like your NP is certified for MH, but is knowledgeable in the MH field. The VA is going to do the eval on you using their own MH professionals. Your NP can provide a "buddy letter" form 21-10210, but IMHO it won't provide much support. Your other doc info is more probative. You may want to see if he could provide support for your symptems. If on the other hand, this is for an increase, then your NP would provide acceptable evidence. If you don't have strong evidence going in for a diagnosis, your claim is difficult unless the VA docs have it in your file.- 32 replies
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And going from 90 to 100% isn't an easy trip. Great news.
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Congrats to you, brother. Gotta be sweet!
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Lee.edwards If you didn't get a MH eval as part of your eval for residuals, you should get a input from your GP that ypu should be eval for anxiety/depression. Memory loss from strokes are a common result from TIA. if you can't get it from your GP, go outside and get a dbq filled out and go back to the board if you do have issues. The 10% isn't bad but they are not exploring any residuals that could also be there. MH for anxiet would be rated seperately from the TIA.
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Pacmanx1 This is a perfect example of the RO is exactly being spiteful and should be punished. Call the Whitehouse hot line and ask them why this type of behaviour is allowed. Maybe the new Secretary can use a couple of these jerks as examples-"Veteran Friendly" my foot.
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Add Mother-in-law as dependent?
GBArmy replied to Buck52's question in VA Disability Claims Research
Buck The way I read it, I believe that the relationship must be your (Veteran's) parent, not the spouse's . You could fill out the info, including VA Form 21P509 and see if it flies. Who knows; it's just another example of the VA being confusing. Why the VA doesn't have a "dictionary" we could go to for VA terms is mind boggling. I'd just apply and see what happens; you have nothing to lose. -
Prior decision reversal
GBArmy replied to add55p's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
add55p If that was the only thing you were going for on the appeal, yes, that sure sounds like it IMHO. -
Prior decision reversal
GBArmy replied to add55p's question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
I'd say that they are telling you if/when your appeal is decided and approved, your effective date for start of benefits will be the date it should have been implemented if they hadn't screwed up your original disability claim. In other words, the date for payment purposes would be when you submitted, or facts found, when you first applied. -
Blahsaysme2u You should be able to get the RO contact number from any accredited VSO. If you don't use one, just call and they should be able to provide the local office phone number. That includes your county VSO's as well as any of the other "big" VSO's like VFW, AMVETS, etc.
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John999 If you're already 100% P&T, it doesn't make much sense to file. That is UNLESS you are working on SMC's. But I do think your advice is good for most others not in that situation. I actually believe that Htn will be declared a A.O. presumptive as part of a consolidation of all the Veteran benefits at committees in Congress right now. They just announced today they are accepting the three other "new" presumptive disabilities and will automatically review those previously denied. Either file now to get a EED, or wait until it is officially declared service-connected by the VA later and lose out on some extra months back pay.
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TBI Claim Now Needs PTSD C&P Exam
GBArmy replied to runaroundtime's question in Veterans Compensation & Pension Exams
Runaroundtime. Yes, I believe that the VA is trying to see if they are connected. They always do. It really depends upon what your evidence and prior evidence says. If it does end up a included in your MH conditions (PTSD) and so not approved, you can appeal. The main thing though to make sure you go to the C&P. One piece at a time, brother. -
The VA announced that they will begin adjudicating the 3 new add-ons for presumptive diseases: Parkinsonism, hypothyroidism, and bladder cancer. Says they "won't make the Vietnam veterans wait any longer." Huh!!! They had the directive in 2014; must take a long time for news to travel down in D.C. Anyway, it says they will take a new look automatically on any veteran who was denied prior. I'm in that group and I don't think I'm waiting too long for them to get back, ya know what I mean? https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5675
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Unemployable Questions
GBArmy replied to NavyVetJay's question in PTSD Post Traumatic Stress Disorder Claims
Hi NavtJetJay Welcome to Hadit Look at your decision letter again and review the benefits the VA says you are entitled to. If you're T&P it will say you have Chapter 35 ed benefits. The VA makes it hard to figure out because they don't say things in the English language. They use legalize. If you have Chapter 35 you're 100%. You can call "Peggy" at 800-827-1000 and verify you are T&P and not TDIU also. If TDIU, you will have a FTE, routine future exam date and also have to fill out a form by the VA every year as well. That would also mean you would be considered TDIU, which as you know you are restricted on how much $ you can earn. With T&P, you can go out and get whatever job you can deal with. If you used a VSO on your claim, he or she can also confirm for you from your file. The most surest way is ask Peggy for a copy of your Rating Code Sheet. You can get a summary, not the actual code sheet from them, but if you want an actual copy, your best bet would be to visit the Regional Office, RO, in person and pick it up. The answer is there, but you have to work a little to get it. -
Aggravating-C Your e-benefits, or other stuff on va.gov, like payments made or "letters" will not change for a couple weeks usually. It has to be 10 "mail" days before you can request a duplicate letter also. You just have to wait until you get the decision. Get a hobby for a week or two!
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disabled veteran 100% tax exemption,
GBArmy replied to total tax exemption's question in VA Disability Claims Research
Total Basically it comes down to where you live. Some states are more generous than others; some countie and some towns are more than others. Call your town or county tax assessor office and make an appointment to find out exactly what you need to submit. You will more than likely need a copy of your dd214 and the decision letter from the VA that says what your disability rating is. You may find it may clear up some questions you will have. Pay particular attention to the effectivity of the tax exemption to find out exactly what you need to do to get exemption. If it is straight forward you may be able to get the info over the phone, but sitting down with that official may be more helpful.