LightofSolitude

Noted! Thank you for clarifying that for me. I hope my lack of understanding regarding this matter has not sidetracked the original posters topic too much, as that was not my intention. Much respect!!

Agree 100%. That was the point that I was trying to make. The lack of any one element of the caluza triangle will result in a denial of benefits, every single time. I was denied several times without a C&P exam when one was clearly warranted by the evidence of record. Those decisions were overturned once I constructed a compelling argument on appeal while citing CFR's, court precedents, the M21 Training Manual, my own evidence, etc.

Pacmanx1 gave great advice on how you can “win your claim.” I would not recommend submitting the document from the social worker as evidence because it is not a nexus statement. The reason why is because it lacks a definitive medical opinion and sufficient rationale. The VA would quickly deny your claim if you submit that document as evidence. Since your claim is still pending, you still have time to supplement the record with an IMO that meets all of the criteria required for service connection. Take a few minutes to read Ms. Berta’s post regarding IMO’s: Do not rely on the VA scheduling a C&P exam as more often than not, they will try to deny you without even giving you one. This is especially true if you are lacking one or more of the three elements required for service connection. Instead, take matters into your own hands and invest in getting a sufficient IMO which will make your claim denial proof. Hang in there and keep us posted.

Hello Tbird! I just finished praying for you and your family. You are going to be just fine. I know this for a fact because Isaiah 54:17 states that "No weapon that is formed against thee shall prosper." Keep the faith! Myself, and many other veterans are here to support you!!!

According to TDIU Fast Letter 13-13, it states the following: "VA will no longer presume a claim for TDIU is a claim for increase in all serviceconnected disabilities. As part of a substantially complete application for TDIU, VA will require that the claimant with multiple service-connected disabilities specify at least one disability that he or she believes causes the unemployability." In other words, VA will not consider the "combined effects" of all your disabilities with regards to TDIU unless you specifically state that in writing. Even if you think one of your disabilities doesn't contribute to unemployability, point it out anyway and let VA decide based on the evidence of record. If you do not have a medical opinion on file regarding your unemployability, now would be a good time to supplement the record (your claims file) with one.

Congratulations SHef! You fought for your country and you deserve every benefit that you are now receiving!!

Anything is possible with a five star medical opinion from a board certified specialist. I have read a BVA case in the past where a veteran was granted service connection for "sleepwalking." In your specific case, you can overcompensate on one side which will eventually make the other side a lot worse.

Shrekthetank1, Pacmanx1, GBarmy, TBird and Broncovet, thanks again for all of your support and pointing me in the right direction. It feels like a freight train has been lifted off of my shoulders. I am definitely going to stick around and help other veterans as much as I can! @Broncovet: I am definitely going to apply for the life insurance. I'm reading the pamphlet now and exploring the options that they have listed.

Thanks for the info! I actually just created an eBenefits account and navigated to the generate letters section. At the bottom of the benefits summary it states the following: "You are considered to be totally and permanently disabled due solely to your service connected disabilities: "No" But then it has a checkbox to the left of that statement where I can uncheck it and not include that in the letter being generated. Very strange. I know eBenefits has a history of being inaccurate and it seems weird to me that VA would send me all those additional forms with my award letter if I wasn't actually P&T. The date on my award letter was October 14th 2020, so maybe it hasn't updated in eBenefits yet?

It looks like my battle with the VA has finally come to an end. I never gave up fighting. I was recently granted service connection for Obstructive Sleep Apnea at 50% at the regional office level. This now puts me at a combined "90% Schedular with TDIU." That was the last claim that I had pending with the VA. The VA has also sent me several additional forms with my award letter that I was not expecting. These forms are as follows: 1. VA Form 21-8760: ADDITIONAL INFORMATION FOR VETERANS WITH SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY 2. VA Form 22-5490: DEPENDENTS’ APPLICATION FOR VA EDUCATION BENEFITS (Under Provisions of chapters 33 and 35, of title 38 U.S.C.) 3. VA Form 21-686c: NOTICE TO BENEFICIARY / CLAIMANT REGARDING THE INFORMATION AND EVIDENCE NEEDED TO SUPPORT A CLAIM FOR ADDITIONAL BENEFITS FOR A DEPENDENT OR TO REMOVE A DEPENDENT FROM AN AWARD Note: The application form is also attached with my award letter: “APPLICATION REQUEST TO ADD AND/OR REMOVE DEPENDENTS” 4. VA Form 21-8764: DISABILITY COMPENSATION AWARD ATTACHMENT IMPORTANT INFORMATION 5. Fraud Prevention: Protect Your Benefits Form Does this mean that they awarded me P&T? I am completely exhausted after this six year and two month battle and would like to take a short vacation from the VA claims process (mostly to focus on my health and have some semblance of a life). Fear not, I will continue to contribute to this website as much as my disabilities allow me to do so. I am eternally grateful to everyone on this forum and the priceless knowledge that is on Hadit.com. I will definitely be donating here again in the near future. Thanks again to everyone who contributes to this website. You guys are the real heroes!

Congratulations on a hard fought battle!!!

This seems like a "clerical error" by VA in constructing the correspondence. The VA lists your sleep apnea at 20%. Based on the document you posted, VA states the following: Under The First Bullet Point: "The evaluation of sleep apnea is continued as 20 percent disabling." Under The Second Bullet Point: "We have assigned a 50 percent evaluation for your sleep apnea based on: Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine." The ratings for sleep apnea are (0, 30, 50 and 100) according to Diagnostic Code 6847; so a 20% makes no sense here. I would look into getting this corrected as soon as possible because this could potentially create problems down the road in regards to your effective dates if you take no action.

What the VA is saying here is that you may meet the criteria for a higher rating under "another diagnostic code" for your skin disability. Double check your original award letter and see what "Diagnostic Code" they rated you under. Then you can construct an argument for a higher rating under another diagnostic code. You said that you are not sure if it's worth fighting. In my humble opinion, it is worth it if an increase under another diagnostic code is warranted which could also generate a potential "SMC award." Ultimately the decision is yours. I wish you the best!

Congratulations! It's always nice to hear when a veteran wins a hard fought claim!!

I filed my application for clothing allowance on "Monday July 13th 2020" and it was paid to me on "Wednesday August 19th 2020" by direct deposit. The deadline for filing is "August 1st 2020." If your application was received by VA on or before that date, you should be ok. According to VA.gov, it states the following: "Note: If you qualify, you’ll receive payments between September 1 and October 31." Your location could play a factor in regards to processing times for these types of claims. I was a little surprised that I got my payment so early. Here is the link if want to read more information about it: https://www.va.gov/disability/eligibility/special-claims/clothing-allowance/