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GBArmy

HadIt.com Elder
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Everything posted by GBArmy

  1. 63Charle Somehow, I don't think their numbers on customer satisfaction would be as high if they waited!
  2. MeddacNurse The only thing I can think of, albeit not a great answer, is that the Migraines was split off and that is all the current judge ruled on. Maybe it was remanded back on a separate action before he got it? You have a copy of the paperwork I assume. Did any of the paperwork have both disabilities listed? Send in an inquiry to IRIS for an explanation.
  3. Can you redact your name. ssn etc and attach the disapproval to this post so we can better understand?
  4. Anguis87 To answer your question: possibly. Do you have a disability that stated you are unable to work as part of the C&P exam? If you get a 70% rating or higher and the evidence shows that you are unable to work, they should be sending you a letter/form to apply for TDIU. If you don't have it, request it. It is a pretty thorough process though. Do you have evidence that you missed a lot of work because you couldn't get to work? Have you been fired/layed off from work? More than once? All this will be gotten from your previous employers.
  5. Gordon You only get paid back pay based on when you file basically. The fact that you contracted cancer in 2012 doesn't open a claim for you. If you first filed for disability in 2019, that is the earliest. Since it is ongoing with a duty to assist going on, it should still be the effective date. Your Buddy letter is good evidence. If your TDY record has your name on it and you were assigned to DaNang, I think that is enough to est. presumption of boots on the ground. If you have any photos, that would help also (maybe.) Prostrate, etc. are presumptive. Show evidence of diagnosis. You need eval for current symptoms/conditions, which the VA can determine at C&P, or you can obtain from your own doctors. I would submit an IRIS request to determine what evidence is still required in a duty to assist, or does the evidence you provided enough to move it. You may not get a satisfactory response, but it might nudge it out of its black hole that it currently stuck in.
  6. freedog89 Advise from Shrek and Pacmanx1 is solid. Consider that you are trying to go from now 30% to 50 or 70%; that's serious change. I would do what's been advised; ask your doc to put you in for the eval at the VA. Once you get it, then get an IMO from an outside specialist. You may be able to get the increase/change in disability for MH without it, but for higher level ratings especially it helps with additional professional evidence. IMHO it is a good investment. Good luck.
  7. Sharm Understand that your doc who does your IMO would be the one who fills it out and include with his or her diagnosis and eval of your conditions. You don't fill them out. It would work well if the critical items on your DBQ is also discussed in the IMO.
  8. thegat First question is did you have an IMO for these claims? Even if you have med records showing some "issues" that may be the cause, you need a med diagnosis and connection that your sleep difficulties, for example, are a direct result from your service event. Service connection ia a big deal. If the examiner says they don't think a disability was caused by an in-service event or issue, without an IMO, you don't have a chance at least on the first go round in the disability process. Same is true for flat fee related to knee, etc., etc. Protect your effective date by filing an intent to file. Then research your next step.
  9. I don't doubt that the records center is mostly shut down still. They only had a few people I understand doing the pulling of records, and that was for high priority requests. So the back log is going to be terrific. Not a lot to do about it I don't believe. A lot of work os channeled thru NPRC.
  10. Fretag I'm sorry, but the virus is just one additional reason why things are being slowed down at the VA. An ACE isn't necessarily a bad thing, if your records show favorably to your case and supports it. The problem is twofold; first, the examiner has to have all your evidence that is needed, and two, he or she has to be able to read it all. Simple explanation, but like most things, execution may be another matter. I've had maybe a half a dozen, with fairly positive results. Most of those, however were done by one (good) PA. Sometimes you get a good draw, sometimes, not so much. Don't count on the new estimate being in November, though. It might be, but it is just a fudge number they put on it because of the new exam. Just go with the flow, you'll be ok.
  11. Jameszam Backpay due to a moving target like overlapping effectivity dates can be tricky. One factor is when did you submit the claim for MH that you are going to the C&P exam for? My thinking is that it would be possible if that date was before your TDIU effectivity date. If not, I don't see how. Maybe if your new ratings give you a scheduler combined rating of 100%??? And I am assuming that your new claims that are not pyramiding what you already have for approved claims. In other words, you don't have TDIU because of another MH condition that would consider your new claims overlapping.
  12. The responses are all correct. Based on your basic question, I believe you really don't know much about the VA claim process at all. I would strongly suggest you submit an Intent to File form 21-0966 before you do anything. That reserves your EED, or early effective date, the date your claim get "clocked-into the VA claims process." It is simple to do, and you then can study up and figure out what you need to do and how to go about it. Info here https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf Read up on Hadit, explore the site and then come back and ask questions. Pay attention to "The Caluza Triangle, what it means and what you need. Without it, you will not succeed.
  13. Scooter This is nothing unusual; VES is one of the handful contractors the VA has to do C&P's. It is not something special. They have done more of these contract jobs especially this year due to some of the VA facilities being limited. Be there on time and don't have your "best" day in terms of symptoms. Don't exagerate, but don't push thru pain either.
  14. If you get denied (it's been known to happen), all that data, including the study of flying by Navy and Army pilots would help with a doc's IMO you get.
  15. Ken As a generality, anytime you have evidence that will support you claim, you submit. Now the C&P examiner does not have to accept any NEW evidence you have, but if you have info that will support, you could download it in to the va.go (additional evidence) PRIOR to the exam. You also can fax it in and keep proof of receipt. If the data can't be downloaded, then take excerpts that support and follow up with sending it in by way of paper copies. So, if he won't take the evidence, you tell him it is in the system and part of your claim. They have to consider it.
  16. By the way, if you didn't get scar as part of your disability, you may get an additional disability if it meets the criteria. If you experience a change in walking/gait, problems with your back or other knee or ankles, they might be secondary also. Of course you have to have the diagnosis for the new condition.
  17. WBrennan Assuming the surgery was for s-c disability, sure you can. But the thing is, I doubt that you are a doctor; I know I'm not. So you have to get another medical opinion that the surgery leads to your nerve damage. The VA doesn't take medical evidence from us. Get an IMO from a surgeon if you can. Read more on Hadit as to what IMO's are and what is in them.
  18. Packmanx1 and Seminoles1 OK boys; enough on this subject. Does no good to comment on "he said, she said." Consider this a warning-NO MORE RESPONSES.
  19. TiffanyP Yes. Just as broncovet said; he was released in 2012, this is 2020. That is more than 5 years. If he were to die from a service connect disability, that is, a disability he is rated and is paid for every month, there is no qualifyng time period. You would submit a form and a copy of the death cert. It is fairly straight forward and should be done within a few weeks. They jump on turning these benefits around quickly.
  20. I might be wrong on this but Aviationtech has a temp 100% rating. After the 6 month waiting period the VA has to do a re-eval on residuals. It is possible you may get an extension on the 100% if the cancer is still active. During the re-eval,or C&P, is when you start to talk about the incontinence, etc. as to do so before is mute. There is nothing about that situation than needs to be addressed during this waiting eval period IMHO. One thing I would do is request enough pads as that is part of your evidence, so be sure to keep up on the quantity.
  21. mb76 I don't believe a ITF applies to a TDIU. If you qualify, the VA is supposed to start the process for you automatically. If they don't, you can request it but it is their process to initiate. In your case, you have the paperwork to send in if you want to. That takes the place of an ITF, so to speak. Just as broncovet said, if you don't want to file now , don't send in the form. I would assume that your claim would start to move again once the VA figures out you have no more evidence to submit. If that is the case, maybe upload a memo declining to submit at this time, but may request again in the future. Others can comment but you wanted a quick answer.
  22. I already answered both questions.You and your wife and maybe a couple more on buddy letters. If your doc can add to your evidence by commenting on your symptoms now meet a higher rating threshold, sure get that too. The more meaningful evidence the better. You said you weren't going for IU before. You're missing the point. If you are considering that as a future option, why not provide evidence of impact to work/social now to build that evidence ? It's like a game of chess; plan ahead.
  23. Yes. Expect months. You can't do anything to expedite it. Don't fret over it. If it were $2k, then you'd get it in 3 weeks, would that be better, or would you rather wait months for a fat check? I honestly wouldn't check it more than 2 or 3 times a week, max. Especially, early. As Bronc says, get a hobby.
  24. You send everything that supports your contention that supports a worsening of your symptoms. I assume you never submitted buddy letters before, so yes, your wife should and you especially; how does this effect your work, with others at work and socially. If you go for IU, you want to start to build evidence about your issues at work, family and others socially. How about people in general. Any issues about staying employed because of all the time you lose? etc. maybe a couple more. !0 is overkill. Get your doc to comment on your now current conditions as they compare to higher ratings. How it affects you at work. sleep exam is good; does it support your position and was done by a certified tech or whatever? It might result in you not having to do it again for the VA. At least is is evidence that they have to consider. As you already know, if denied,they will say why and you go from there.
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