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Senior Chief Petty Officer
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pacmanx1 last won the day on April 1

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About pacmanx1

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    E-8 Senior Chief Petty Officer

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  • Service Connected Disability

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  1. Ham, P & T is for a condition or a disability and can be given at any rating if the condition/disability is likely to last the rest of the veteran's lifetime.
  2. 100% Non P & T can be re-evaluated at any time where as 90% P & T is not subject to any re-evaluation. Even if the 100% Non P & T is not reduced it is the hassle to go through that or any re-evaluation. The P & T also offers other benefits that 100% Non P & T does not.
  3. It really depends on the nature of the disability. When I was awarded/granted 100% I was also granted P & T. My last two disabilities were not rated nor on appeal, but the two disabilities pushed my combined rating to 95% and the VA then rounded up and granted me 100% P & T without me requesting the P & T. The VA then contacted me asking me if I wanted to withdraw all my claims on appeal. I can only speculate that someone at the VA thought that if they would grant me 100% P & T that I would withdraw all my claims on appeal. I told them that I wanted my claims to continue and b
  4. I agree with Ms. Berta and Buck, why do you think that the VA requires veterans to take blood test. It is not only to see if their kidneys and their liver are functioning correctly, but also to see if the veteran has the prescribed medications in their system. Getting back to the OP (Original Post), I filed a claim for an increase and the VA increased my rating but screwed up my effective date. When I filed an NOD to correct my effective date the VA reduced my rating without a proposed reduction letter. The VA thought they could reduce my rating with a single C & P exam. The BVA made
  5. OK, I had to change some of my post. If you have a medical opinion that your service connected mental health keeps you from being employed and you are unemployable due to your service connected disabilities then the VA should grant your TDIU. The VA tries to get away with a lot of things and they do as long as the veteran does not file for a hearing or an appeal. Typically when a veteran request an increase and the VA reduce their rating it is called a mischaracterization of the issue. You can also file for SSDI from the SSA Office.
  6. Wait, if this is a reduction from a Proposed Reduction Letter that the VA sent you, I believe the correct action/response is to request a hearing and not filing a NOD. Since this is a proposed reduction it is not a rating decision that has been processed and you can fight it by requesting a hearing. During this time (while waiting for your hearing) The VA cannot reduce your rating and you can gather and get all the evidence you need to refute their proposal. The Reduction Letter should explain and give you details of how to request a hearing. You have about 60 days to respond. Keep in mind th
  7. Buck didn't mean to step on your post. Back when I was 90%, I was thinking that all I needed was another 10% and the VA would grant me 100%. I did not know about P & T. I was shooting for being 100% and working but when my back went out, I figured it was not worth it because I realized it was no way I could get up and go to work five days a week eight hours a day. Little did I know that I had to get an additional 40% to get rounded up to 100% P & T. I want the new guys/gals coming to hadit.com know that it will get even harder to get to 100% P & T.
  8. I do not think it is wise for anyone to give out their personal information to someone they met online. It is no difference than someone calling you up and asking you to call them back and give them your personal information so you can upgrade your account.
  9. Just for a little clarity, an 80% combined rating with a new 50% separate rating will/would not get the veteran a combined 100% rating, not even close. It would only get the veteran to a combined 90% rating and no more. The way that the Combined Rating Chart is set up, once a veteran hits the combined 70% rating it is even harder for that veteran to reach the combined 100% rating where the VA will grant the veteran 100% P & T. Don't get me wrong it is not impossible because I did it like many other veterans but when I was awarded a combined 90% rating it took me another two years and
  10. In order for a veteran's spouse to be eligible for medical care (CHAMPVA) and educational benefits(DEA CH 35) the veteran must be granted/awarded P & T. Permeant and Total Disability. Normally when the VA grants/awards a veteran P & T, the VA would include a VA Form 21-8760 in the veteran's rating packet that list these and other benefits that the veteran and his family are entitled to. VBA-21-8760-ARE.pdf (va.gov) If you are not working and cannot work, you can also apply for SSDI benefits from the SSA office.
  11. Please try to keep an open mind and review. I asked what effective date are you seeking and you replied. I can follow the fact that the VA should have considered your claim for TDIU when they granted your 70% and awarded the effective date to 2001 but no further based on what you posted. But if the evidence in your file doesn't support that rating then the VA will just consider it and then deny the higher rating. How do I get these benefits? You’ll need to file a claim for disability compensation. When you file, you’ll have to provide evidence (supporting docume
  12. As usual Ms. Berta is given the best advice a veteran can learn. If we (Veterans) will/would just slow down and read and reread the decisions that we get from the local VARO, BVA and maybe even CAVC, in the REASONS AND BASES SECTION or the REASON FOR DECISION SECTION and the EVIDENCED SECTION most of the time will give us the information we need to overcome our denials or low-balled ratings. I admit that the local VARO denied one of my claims and the BVA remanded it and then turned around and denied my claim after the local VARO denied my claim again and I had to get a lawyer and filed a clai
  13. I know that this has been going on for a while for you and you have posted several posts and gotten several responses. Some of the responses has encouraged you to get a lawyer and with that I agree. Asking the VA for an EED (Earlier Effective Date) or a BED (Better Effective Date) is complicated, and the evidence of records must support that claim for benefits. Your claimed effective date must be spot on and is not always the last day that you worked. It must also be the date that you filed a claim VA form 21-8940 and the date that a doctor stated that you can no longer work due to your servic
  14. It is extremely hard to respond to some posts because the more someone posts the more questions must be asked and without being able to actually review your records we can only speculate. You stated that you last worked in 2000 and you started receiving SSDI in 2005 but can you explain the evidence used to decide your 10/20/2020 Rating Decision? It states that the VA received records from the SSA that you worked from 1975 to 2019. See page 2 of 9 in your rating decision. Maybe I miss read and the 2000 date is the date that you last worked your computer position but continued to work in another
  15. In my experience the VA will most likely have some type of NP that will come in and do the exams. Normally not always, but normally the LHI service will set up the appointment and the examiners name, experience, license number will be included in the packet that they will FEDEX to the veteran several days maybe (2) days before the exam.
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