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pacmanx1

Senior Chief Petty Officer
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pacmanx1 last won the day on May 14

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About pacmanx1

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    E-7 Chief Petty Officer

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  • Service Connected Disability
    100%

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  1. Having to go through what I am going through is not what I planned on in life, after getting hurt in the military I had to come up with a new plan. After working as a government employee for several years I had to come up with a new plan. While being treated at the VA, I met a Rheumatologist that suggested that I quit work at a young age. Since I was young and thought I had time to do anything and everything I continued to work until my body gave up on me. I was in so much pain I had to quit my nice air conditioned, well seated comfortable government job that paid very handsomely. I still love that job but I could not go back to work. I had to make a new plan. After that I decided to focus on school and getting my degree. That went well for about another two years until my body decided to screw with me even more to the point where I could not even make my classes. I missed a lot of semesters but I finally did graduate. After talking to my doctor he suggested that I consider quitting work all together. I had to realize that I could probable get a job but I could not keep a job. I had to realize that I had to put on my big boy pants and do whatever I had to do to support my family. If that meant filing for SSA that is what I had to do. By this time I was increasing my VA disability, 10%, 20%, 30%, 50%, 70%, 90% and finally 100% P & T scheduler. I honestly hate the things I am going through and I would not wish them on anyone. (well maybe VA employees from time to time) Let's see how they would deal with what I am going through and then take away their livelihood and see how they would handle that. Pride will keep food off your table and clothes off your back. In doing my research of SSA and VA benefits I learned there was a way that I could support myself and my family. I could get Insurance for my family and most of all my kids had a way to go to college.
  2. The bottom line it is your call, you run the risk of losing VA and SSA benefits. Make sure you talk this over with your spouse. Right now you not only have an income you have Insurance and a way for your dependents to go to college free of charge. As many have suggested you could do volunteer work or find a hobby to keep your mind busy/active. The thing about giving these benefits up is you never know if you will have to file for these benefits again, or if these benefit will even be around. If the government decides to end these programs they would have to grandfather the current beneficiaries into some new program. Now these programs most likely won't be eliminated but it will be a lot harder to start over for benefits to be granted. IMHO (In My Humble Opinion), you really need to talk it over with your family. IMHO, I don't think it is worth it. You also run the risk of harming yourself, a patient, your employer, another employee and or even your family.
  3. VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2021, and be at least 10 percent disabling. These illnesses include: Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions. Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems. Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome. Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.
  4. First things first, a veteran can file secondary claims to any service connected condition. Now with that said the veteran would need a nexus letter/statement from a quantified physician connecting these conditions. As for direct related to military service a veteran would have to have an in-service injury/event, a current diagnosis and a nexus letter/statement connecting these conditions. Keep in mind that to be granted service connection for headaches/migraines a veteran must prove by treatment records that the condition is chronic.
  5. The good thing about SSA lawyers is you don't have to use local guys. You can use any law firm that specialize in Social Security Disability Insurance. Once your claim is denied, all you have to do is contact them. As stated above, they will send you all the forms you need to fill out. They will review your records and make a decision to take your case or not. You may have to shop around but they will let you know if they will take your case. I heard that Binder and Binder is a good law firm but as stated if they don't take your case you may have to find another law firm. Don't get discourage this is how they (SSA) weed their applicants out. Yes, you have a disability and you want to help support your family but some individuals decides that it is not worth the fight and continue to try to work as long as possible but that only cause health problems years down the line. Fight now, let an attorney take most of the pressure and stress off of you. It is your call but these claims take time and the sooner you start the better it will be for you and your family. OK, you must try to understand that it is most likely that you will never work again and your basic purpose is to stay healthy for you and your family. It is very discouraging but you can handle it. Just keep thinking that you are doing it just not for you and your husband but for those babies of yours. A lot of us here at Hadit.com has been in your shoes and we are willing to try to help and guide you. We know of the aches, pains, disappointments, hurts, let downs, frustrations, anger and anything you can think of and we are here to help. I recently won an EED (Early Effective Date) from BVA back to 1998. VA denied my claim all that time while the evidence was sitting in my folders. Talk about being frustrated with the system but you can win. Hope I see that retro check one day, I think Bronco recently won one also. So as you can see we all have been there and I know you can do it. Always know, if you have a question, just jump online here and someone will try to help you out.
  6. Not knowing the whole story of what you are service connected for and how you were service connected and what your rating decision says about your disability and the recoupment. If I were you I would be contacting either VA or DFAS to ensure I was getting the whole story. We can say this or that and it looks like something is off and you shouldn't have to pay but we don't have all the facts. https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/DoD-Disability-Severance-Pay-?serv=122 https://www.dfas.mil/customerservice/
  7. I am going to be a little blunt here so please try to understand my point. You as the veteran can write all the statements and disagreements until you are blue in the face. VA will not change their decision unless you smack them in the head (not literally) with equal medical opinions. If they have medical opinions then you get medical opinions (not yours, a licensed medical professional) refuting what the medical examiners stated. You can use VA or Private Medical Doctors but get referrals to specialist working in their medical profession. Have them review your SMRs and VA/Private treatment records and write their opinion. In filing appeals, your claim(s) may have to be appealed to BVA and or CVAC and then you will definitely need medical opinions that agree with your claims. I took a brief and I do mean a brief look at some of your post in this thread and in my opinion don't shoot yourself in the foot. You fight fire with fire in these cases. Pull out the big guns (not literally) get those medical opinions and get your service connections.
  8. OK, you do need a nexus. Look at it this way, there is already a medical opinion on records that yes you have fibromyalgia but the medical opinion states that it is not military/service related so you will need equal weight, a nexus medical opinion that it is as least likely as not caused by or related to your military service. Yes, I know of the presumptive but VA will not take a veterans word for it and once a negative opinion gets in the file then it is a fight to get service connection. I don't like the fact that your VSO refused to file the claim. A nexus letter/statement would hold more or equal weight if it came from an Internal Medicine Specialist or a Rheumatologist.
  9. Yes, I agree that it seems personal it is and it is not. VA does this all time, the part that it is personal is that it is your claim and a way that you can help support your family. It is not personal because VA does this all the time to a lot and I mean a lot of veterans. I do agree with Bronco, but I would take it a little further. You need to file an appeal and this will take some time depending the route that you take. You will need your psychiatrist medical opinion and a Voc Rehab Specialist opinion to help your claim. You also need to file for SSA again and file for PTSD and any other condition that precludes you from not only working but maintaining any position. Once the SSA deny your claim, hire one of those big named attorney's you see on their commercials. When you hire them they will have you fill out a lot of forms and they most likely will contact not just your psychiatrist, they will contact your medical doctors. They work with Voc Rehab Specialist and will get their opinion of can you work or not. Keep in mind that with SSA it is can you work or not. The attorney's will have you sign an agreement that if they don't win you don't have to pay and if they do win, you agree that a portion of your retro pay will be paid to them by the SSA office (about 20-25%) I think the max is about six grand ($6,000). This of course will take some time also about six to twenty-four months, maybe sooner but don't quote me but well worth it. With the SSA paperwork make sure you describe your duties that you perform and be very specific. If you have to lay down make sure you write it down. If your husband or nanny have to cook for you or take the kids off your hand for some time make sure you write it down. Be open and honest, let them know how your days go by. Try to take a deep breath and sorry that you are going through all this. Just think, with all that is going on, VA, SSA will be denying more claims just to get people to try to go back to work. It can be done, a lot of us has already done it so you can do it to. Just don't give up.
  10. The true issue here that should be considered is the maintaining of gainful employment. OK it's one thing in getting a job and it is something totally different in keeping that job. Keep in mind that a veteran would be safe for only 11 months and after the veteran hit the 12th month he/she is considered rehabilitated. Once a veteran is considered rehabilitated, if that veteran has an episode that cause him/her to lose their job, the veteran would have to start all over with VA. If the veteran is drawing SSA, he/she would have to start all over with the SSA also. Just think what the veteran went through to get his/her rating and to give it up to work is absolutely no guarantee that the veteran could keep and maintain that position until retirement. Unfortunately with any mental health disorder I think the odds would be against them.
  11. Buck, what I am referring to is this rating below. It is possible for a veteran to be rated 100% scheduler for PTSD/Mental Health Disorder as below shows but the way I understand this is to means that this criteria is not TDIU, it is a scheduler rating but with this rating, the total occupational and social impairment means the veteran is not allowed to work and maintains this rating simultaneously. The veteran is unable to work but the veteran is not unemployable. Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100
  12. Yes, I agree a veteran can be rated 100% scheduler for any condition and legally work but if that rating states that the veteran has Total Occupational Impairment due to this particular rating, that means the veteran cannot work and continue to be rated and be compensated for this particular level at the same time. This rating would have to be re-evaluated to determine the correct rating percentage. Example of being 100% scheduler and can legally work is a Heart Condition, Bronchitis, Spinal Cord Injury but not PTSD or a Mental Health Disorder, heck even a eating disorder meets the rating criteria of being able to work legally but not that mental health rating. It is not the fact of whether someone should hire or not hire someone with PTSD or a Mental Health Disorder, a veteran cannot be rated a100% rating for it and continue to be compensated at this level. Total Occupational Impairment means an individual has 100% no ability to maintain any work due to this impairment. Total= Complete Occupational= Work Impairment= Loss of ability
  13. Buck, try this for thought. Not for TDIU and Not for a mental health rating of 100% scheduler. The key part is the mental health rating percentage itself states that a "Total Occupational Impairment" would cause a re-evaluation. If the veteran can work then his/her rating should be re-evaluated. The veteran states he is 100% due to PTSD, if the P & T is not 20 years and the veteran goes back to work VA could re-evaluate his rating. I am rated as a combined 100% scheduler P & T veteran and can legally work but I do not have a 100% scheduler mental health rating. The bottom line or the base line is the veterans service connected condition and then you consider the P & T. If the veteran's rating does not meet the 100% criteria then he/she is not entitled to P & T Or SMC. In other words, the rating comes first then the ancillary benefits of P & T and SMC. Shrek, that is the way I understood the OP(Original Post)
  14. What you must consider is not just losing A & A, But you must consider losing your current PTSD rating also. This 100% rating and it doesn't matter if it is TDIU or scheduler precludes a veteran from working. Total Occupational means you can't work at all in any capacity to keep this rating percentage. Now if you are trying to get off of VA disability I would also seriously consider that as not recommended due to the fact that your duties could trigger an episode that could cause a set back. The environment itself can be very toxic and stressful. Look at what we are going through with this COVID-19. I would suggest that you find a hobby or something else.
  15. In my case scenario I was rated 90% and 40% pushed me to 95% which VA rounded up to 100% scheduler.
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