GBArmy

Way to go Flow1972!!! Terrific job.

But in any case, I would go for it. Don't see how it can do any harm.

Michael420 I'm not sure either. EED are not as straight forward as you may think. Here's an option though. If you can't find the appropriate answer in the VA's M21-1 or the CFR 38, ask a few lawyers if they think you have a case for the 2013 date. 10% a month times 3 years is is a nice piece of change. If it has merit, the lawyers will jump on it; if you keep getting turned away then it doesn't sound promising. If you get a law firm that wants it, you can then figure out if you want to go with them or just do it yourself. That would depend upon how confident you are in presenting the facts which should include the M21 and CFR.

MileHigh Without providing any details of your disabilities, I would say Yes, you would "get in trouble." The simple fact working from home is a very common fact for millions of employees currently, you would have to show a lot more in terms of accommodations. Here's a good article to start from Hill & Ponton https://www.hillandponton.com/sheltered-employment-tdiu-benefits/

datart MUCMI's are very difficult to win. Hook up with a good lawyer firm that has linkage to a specialist who does them and has been successful. Ask about their success rate on similar cases to yours. Yes, it will cost you but the diagnosis and nexus is very important for these claims as less than 1 in 5 are successful at the VA. It will cost you 20% plus the doc's fee but that is not a bad investment if you get a 20, 30% rating or more for the next 30 or 40 years IMHO. But do you homework on searching and don't be discouraged that it takes a long time to get someone to take your case. Remember, the lawyers are in it for the $, so they aren't going to take your case if they don't think you have a good shot at winning. Good luck.

Xibodybag Everything the VBA does isn't necessarily a BAD thing. (Sometimes, I admit, it might seem like it though.) If you have the evidence, which it sounds like you have from VHA already, they make the decision quickly. Especially on MH disabilities. You don't have to have a C&P exam IF the evidence is already sufficient to establish fact. Wait for your decision letter; should be in a week from the date indicated in VA.gov. Let us know on results and, good luck.

As pacmanx1 you need to file a NOD promptly, or the reduction will stick. Worse case situation is i opinion negative by the VA and 1 opinion positive for the veteran. Tie goes to the veteran. You should win it back and, if your symptoms show your rating should go up, you should get a bump in ratings also. But appeal right away IMHO.

datart Welcome to Hadit brother. Here's the deal. To receive an approved disability claim you need the Caluza Triangle: a current diagnosis, an event or illness of the injury in-service, and a connection or nexus to the two. Doesn't sound like you meet the first and 3d. Current diagnosis. If you don't have a current doc, go get one and get a diagnosis and current prescription. Key word: current, not years ago. Not hard to do. Next ask the doc if your current symptoms are related to your in service time. Do you have any med records showing IBS symptoms while in service? If you had issues while in service, you need to prove it. Get your str's if you don't have them. The doc has to review your records and determine that your in service injury is the cause of your current problems i.e. "at least as likely as not" caused by your in service injury. Read up on what a nexus letter is so it is in a format that will work for the VA. Now understand you are up against a rock and a hard place: you already were denied twice, so your appeal has to be right on. I would suggest you consider getting a specialist who will opine the diagnosis and nexus and that will cost you some $, but if you don't it's going to be difficult to get past the history you have created. You can submit a new supplemental claim within a year and still keep your EED.

Blah I guess it kinda begs the question -why would you want to wait. You have 2 years to apply for the benefit. If/when you get to 100% s-c, you apply for the waiver. Why not just get the insurance while the window of a new disability is open? The only reason I would think is if it is about the premiums you have to pay for before you get the 100% and the waver.

Hi Grumpy1972 The short answer is you need some professional help. I assume "the Doc" is a VA doc, and probably during a C&P exam. In any case, his opinion is the one of record. You need to get your own medical doctor's opinion on your condition. Get evaluated by an outside doc, preferably a MH doc, and if his eval shows that you do meet some criteria for TBI/mental health disability, you need an IMO from him saying so. If he agrees with the VA doc, then it is more likely than not that your symptoms are not bad enough currently. I assume you proved with your service records that the incident occurred. If he agrees with you, then you have a basis for an appeal. But you need the favorable diagnosis.

Blahsaysme2u No promises but go to va.gov and submit a IRIS question on why the delay. It is under the "contact" header at the top. If you have been waiting a year and a half, maybe it will shake loose. Can't hurt by asking.

Blahsaysme2U If you are rated at o%, then you are service connected. Check. All you now have to do is match up with the symptoms for rating purposes. I would suggest you post the decision letter and we can see the reason for your low ball. If you provided records (or your doc did) showing frequency, duration, etc. then that would be the evidence going into the C&P exam. If your condition has improved, and you don't have prostrating anymore, that is a key. Once a month is equal to 30%, once every 2 months is 10%. Not having them anymore due to the meds, means 0%. That is the same reason that they have regular re-eval done on veterans; if the disability gets worse, you get an increase, if it gets better, you can possibly get a decrease. Now, that said, you could appeal and if you could get a EED, you could in theory get back pay for the time prior to the meds started to work. Not sure, but I would expect you couldn't get it at HLR, so it would be BVA. Not great news for you regarding compensation, but at least you are feeling better with the meds. One suggestion I have is to research the new med and see if there are any adverse affects from using it. ex. causes stomach or gerd issues. Or high b/p, etc. Or, you could do this; accept the 0%. Stop taking the meds. After documenting it with your doc and keeping a log, submit an appeal on increase disability symptoms. I'm not sure I would do that myself.

Buck Again, I agree. If a VSO tells you "not to file for increase or anything really that's when I get rid of him...sometimes a veteran don't know what to do and they count on these VSO's but there;s always other VSO 's that will listen and be very helpful", why wouldn't you fire him??? The reason you have the VSO is to help you...if they don't want to, get rid of him. End of story.

gumba88 You wrote... I believe you have two things going on. First, you used "Vet Rep", probably a VSO correct? Possibly from the VFW, Am. Legion, etc and he refused to submit? But it really wasn't a VA employee who refused correct? They can't do that! The VSO from a service organization can attempt to convince you that it won't work, but a VA Direct can't. Now, what I would do, and this has to be in your make-up, not everyone would do this. I would wait for the the decision letter to be official, and then I would take a redacted copy and make an appointment with the supervisor/manager whoever of the VSO you went to an show him/her what harm they would have done to you IF you followed their advise. Not only is it ethically wrong to refuse, but think of how many others they must have done this to. If you get no satisfaction, send it to the state or regional head of the organization. Help your other brothers and sisters get the proper assistance they are entitled to. By the way-GREAT JOB. Nice going. Remember, with the VA, the veteran is his own best advocate. Nobody, I mean nobody, has a greater interest than you do in getting the benefits you have earned.

And don't forget bilateral if both are affected.

63Charlie Try diagnostic code 5284. It would be rated 30% for severe, 20 for moderate severe, and 10 for moderate

Kingsol42 Quite simply, like for any disability you claim as secondary to an already approved s-c condition, you will need a diagnosis and a nexus or connection by a qualified medical source like a psychologist to write an IMO for you. Your diagnosis for OSA must state that a medical devise, such as a CPAP machine, is prescribed and is NECESSARY for your health to get the 50% rating. A possibility might be a connection of your prescribed meds have made you obese and that is the cause of your disability. I am not a doc or medical professional; this is just offered as an opinion based on personal exposure.

Agree with USMC_VET You often set up your claim to win on appeal of the initial denial. One thing to add about costs of IMO's. If it's not presumptive, you're going to need the nexus. Yes it is costly; but then, I know very few people who go to college for 8 years or more and then work for free. But the good news is, some, not all, will work out a payment plan with you so you don't have to front the fee up front. It is getting competitive with some of these doctors and some will extend a hand. It's up to the veteran to seek them out. But I am from the school that says 80% of a pie is a lot better than 100% of no dessert all.

Just saw that CNBC said the new COLA is 1.3% for Social Security, which is the same as what the VA pays out for disability comp. As I said before, it's better than a stick in the eye!

Ms Tbird I believe that source is talking about the increase that we had coming for 2020, this year that is.

If he decides to go forward, I'll provide more details if successful for others.

I did see that but my hang up, I guess, is the "Maximum." Is 100% max, or 70% for his condition. His hearing was so bad the VA did a Cochlear implant. Maybe, if he got the implant after the initial rating, that might mean he should be rated higher on scheduler. (I'm reaching.)

I veteran has a 70% rating for hearing, but was granted TDIU. I've looked at 38 CFR 3.350 for SMC (k) and it really is hard to figure if he is eligible. The rating schedule for hearing, 38 CFR 4.87 doesn't make it clearer. Figuring out the hearing tables is always confusing to me. Because SMC (k) is loss of use, does any one have a clue if he would be eligible for that SMC with a 70% rating? Any comments welcome.

Foxhound6 Great news!!! Way to go. That's what Hadit is all about. Learn, win, pass it on. Congrats to you both.

Dfinnusmc That's good news for you! Congrats. If you have 6 other disabilities i"m thinking you have a lot of wear and tare on that VA road you've been on. I expect you have considerable claims experience and hope you can stick around and share some of your experiences with other veterans that may wonder how to handle the same disability that you have. We would welcome that input.