pacmanx1

§ 3.151 Claims for disability benefits. (a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit. (b) Retroactive disability pension claims. Where disability pension entitlement is established based on a claim received by VA on or after October 1, 1984, the pension award may not be effective prior to the date of receipt of the pension claim unless the veteran specifically claims entitlement to retroactive benefits. The claim for retroactivity may be filed separately or included in the claim for disability pension, but it must be received by VA within one year from the date on which the veteran became permanently and totally disabled. Additional requirements for entitlement to a retroactive pension award are contained in §3.400(b) of this part. The bottom line is, if the veteran does not file a claim, VA will not pay the veteran for any disability in his or her C-file or noted by medical records. Keep in mind that veterans are not doctors, they can file claims for: Back injury, knee injury, depression and not be specific. VA is supposed to examine the veteran and if warranted pay the veteran for his or her service connected condition(s) and not make up medical condition(s). Hope this helps

VA doctors can not grant service connection only the VARO. If you did not file a claim for neck in 2008 then VA can only pay you for when you filed the claim in 2010. If the doctor said that it was related to service and you were denied by the VA then you have to file a NOD.

bump

I will try to explain; Non service connected is when a veteran has a disability that can not be linked to service or a service connected disability. Service connected is when a veteran has a disability that can be linked directly to service or can be linked secondary to a service connected disability, or a disability caused by VA. A veteran could be awarded a 0% service connection but it does not meet the criteria of being compensable (severe enough to be granted 10% or higher). The veteran must then submit evidence to get an increase in his or her rating to make it compensable. Once a veteran is awarded 0%, this disability is considered service connected and that part of the fight is over. To get an increase the veteran must get medical evidence that this condition has gotten worst to get an increased and upgraded. If i am off others will correct me. Hope this helps

Before a veteran files his or her claim for disability, it would be best for them to seek treatment that would establish their medical condition and get a diagnosis. Getting IMOs and IMEs can be quite expensive but having current medical treatment could really help. A veteran should never let the C & P examiner's medical opinion be the only medical opinion in his or her VAMC treatment records. I agree that IMOs and IMEs are worth the cost but if the veteran can get this from their treating doctors then even if the local VARO denies their claim or low ball their claim, the veteran should win his or her claim on appeal. Always keep in mind that the local VARO will always force claims to go to BVA. It doesn't matter how much evidence a veteran has in his or her file. If the Rater, DRO, and or Supervisor overlooks or ignores the pertinent evidence then the only thing a veteran can do is file an appeal. Hope this helps

When a veterans is awarded 100% service connection or 100% TDIU, VA should also send them a VA form 21-8760. The form is titled "ADDITIONAL INFORMATION FOR VETERANS WITH SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY". The veteran will still have to contact VA to get a separate letter to get their I D card. The I D Card is a DD form 2765

DEERS is the military ID card Section. When you get your I D card, across from your signature and under the status/grade section is the AUTHORIZED PATRONAGE SECTION that should say "EXCHANGE, COMMISSARY, MWR". This is the only military ID card for veterans; it is a DD form 2765. If you are married and have dependents, they can get cards as well. Hope this helps P. S. forgot the card should be Indefinite

Try this Verifying and Updating DEERS Information You can verify your DEERS information by contacting your regional TRICARE managed care support contractor, your local TRICARE service center or the nearest uniformed services personnel office (ID card facility). Sponsors or registered family members may make address changes, however, only the sponsor can add or delete a family member from DEERS, and proper documents are required such as a marriage certificate, divorce decree and/or birth certificate. To update your DEERS information: Visit your local uniformed services personnel office or contact the Defense Manpower Data Center Support Office (DSO) at 1-800-538-9552 begin_of_the_skype_highlighting 1-800-538-9552 end_of_the_skype_highlighting. You can find the nearest uniformed services personnel office at: http://www.dmdc.osd.mil/rsl/.

A veteran can only have one disability rating per category, the PTSD and sexual trauma both fall under the mental health category. So you will only get one rating but VA can say that your sexual trauma makes your PTSD worst.

In my experience, it really depends on the type of claims that are on appeal and the type of claims filed. A veteran can have a claim on appeal for back injury and then file a claim for stomach condition. Since the two conditions are most likely not related, the VA can create a temporary file to process the claim for the stomach condition. Keep in mind that VA may have to request the original file back to get the pertinent evidence but that would be up to VA or they can make the veteran wait. It depends if the new claim is claimed as a secondary condition or a separate claim than the claim on appeal. Hope this helps

Congrats.

Congrats.

What did the C & P exam state and what was the reason and bases of the denial? Can you post them leaving out any personal information; name, SSN, address, this will help the board help you.

Congrats

As long as your counselor is a certified psychiatrist or psychologist it should work. It may work with a social worker but I am not to sure. It would greatly help your case if you can get a VA psychiatrist to put it in your treatment records or if the Vet Center has a psychiatrist that could make this statement. Hope the best

There may be some confusion here, TDIU and IU are the same thing and they pay a veteran the 100% rate of compensation. Now if you were not awarded P & T all you would need is a statement (progress report) from your doctor saying that your service connected conditions are static or will most likely not improve and you should be awarded P & T but you are already getting the TDIU/IU. If I am off others will chime in.

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed): Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100% Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50% Persistent day-time hypersomnolence 30% Asymptomatic but with documented sleep disorder breathing 0%

Who is eligible for travel? Veterans rated 30% or more SC for travel relating to any condition Veterans rated less than 30% for travel relating to their SC condition Veterans receiving VA pension benefits for all conditions Veterans with annual income below the maximum applicable annual rate of pension for all conditions Veterans who can present clear evidence that they are unable to defray the cost of travel Veterans traveling in relation to a Compensation and Pension (C&P) Examination Certain veterans in certain emergency situations Certain non-veterans when related to care of a veteran (attendants & donors) Beneficiaries of other Federal Agencies (when authorized by that agency) Allied Beneficiaries (when authorized by appropriate foreign government agency) Found on http://www4.va.gov/h...AQ.asp#eligible P. S. VA combines all ratings and you are 30% not 27.1

I asked my PCP for a sleep evaluation consult, I told her I needed someone to explain my sleep study results to me and I got one a few weeks later.

This is just my opinion but you need to see a sleep specialist, not the technician that observed you during your test but a Doctor that deals with people that have sleep apnea and have them explain to you what is going on with your body when you sleep. Sleep apnea is one of those silent killers, if your body stops breathing while you are asleep and you don't wake up and begin to breathe right, you will die. Sorry, not trying to be scary but this is the truth, the doctor may recommend that you need another sleep study or they may recommend you be put on the CPAP machine which will help with your apnea attacks.

This should help Congrats http://www.hadit.com/total_and_permanent_va_disability_benefits.html

It sounds like you filed a claim for chronic fatigue syndrome but it was not service connected and you filed a claim for depression and sleep apnea secondary to your chronic fatigue syndrome or something like that. If this is the case VA decided that if they deny the claim for CFS, they could deny everything. I don't know what type of evidence you have but you will need diagnosis of all these conditions. Since you are being treated for sleep apnea and depression is there a way to claim these as directly related to your military service? Can you post your rating decision removing all your personal information like name, SSN, and address, that would allow the board to help you better? The thing would be is to get one thing service connected and go from there before asking for any type of secondary conditions or try to claim them all as directly related to your military service.

Sorry Carlie, been having problems posting links. It seems that there are some sites that are no longer giving direct links. If I cut and paste something I will give the author's name and at least some idea of where I got it from. Hope this will be OK. Man sentenced to prison under Stolen Valor Act By CARRI GEER THEVENOT LAS VEGAS REVIEW-JOURNAL Before receiving a one-year prison sentence Wednesday, David M. Perelman said he deserved whatever punishment the judge chose to impose. "I take full responsibility for everything I've done," Perelman said. "I brought not only dishonor to the military but to my own family." The Las Vegas man said he was "deeply sorry" for his actions, which included fraudulently obtaining a Purple Heart and about $180,000 in disability benefits. U.S. District Judge Kent Dawson sentenced the defendant and gave him until Feb. 4 to surrender to prison. Perelman, 57, was a Veterans Affairs employee when a federal grand jury indicted him in October 2009. He pleaded guilty in August to theft of government funds, a felony, and unlawful wearing of a service medal, a misdemeanor. The case against Perelman is the first known prosecution in Nevada under the Stolen Valor Act of 2005, which outlawed false claims of military honor. Critics say the act violates free speech rights, and the 9th U.S. Circuit Court of Appeals recently declared the law unconstitutional in a separate case. But Dawson ruled that the circumstances in Perelman's case differed from those in the 9th Circuit case. The judge did, however, allow Perelman to retain his right to appeal the constitutionality of the Stolen Valor Act. Assistant Federal Public Defender Rene Valladares said he plans to pursue the appeal. In court on Wednesday, Valladares argued that Perelman deserved a sentence of probation. The lawyer said Perelman is the son of a career serviceman who died in 2000. He described Perelman's father as a strict disciplinarian who subjected his son to physical and psychological abuse. "His father always thought that he was basically a wimp," Valladares said. "His father always thought that he was basically a coward." Nevertheless, the lawyer argued, Perelman grew up to be a decent individual. Perelman and his wife, Ann, have been married 35 years and have two adult children. Valladares said Ann Perelman supports her husband but could not bear to sit through the sentencing hearing. Instead, she waited at the lawyer's office for news of her husband's fate. "I have spent the majority of my life with this man and though I know he has his faults, as we all do, he is not a bad person, he is just a man with problems," Ann Perelman wrote in a letter to the judge. She and Valladares both expressed concern about the effect prison time would have on the defendant's health. Perelman suffers from several medical problems, including diabetes. Dawson noted that Perelman had expressed his willingness to accept whatever punishment the judge deemed appropriate. "In so doing, he will have demonstrated that he is not a coward, or a wimp, that he is willing to accept the consequences of his actions," the judge said. According to the defendant's sentencing memorandum, Perelman enlisted in the Air Force at the age of 18. "After being sent to Vietnam, the realities of war and the responsibilities of service were too much for him, and he was administratively discharged from the military only nine months after enlisting," Valladares wrote. The lawyer argued that Perelman is already experiencing the consequences of his criminal behavior. "He embarrassed his family, lost his job and has been shunned by most of his friends as a result of his deceit," Valladares wrote. Perelman feels "especially remorseful," according to the document, for the uncomfortable position in which he has placed his wife, who works for the Paralyzed Veterans of America, Nevada Chapter. According to court records, Perelman claimed he had been wounded in Vietnam. In fact he accidentally shot himself in the right thigh in 1991. Based on fraudulent documents submitted by Perelman, the Air Force awarded him various medals, including a Purple Heart, in 1994. The following year, Perelman applied for Veterans Administration disability benefits. Retired Army Col. Bill Olds, a Vietnam War veteran and two-time Purple Heart recipient, attended Perelman's sentencing with two other Purple Heart recipients. "I wanted to be there in person to support the prosecutor and the judge," Olds said. Olds, a Las Vegas resident who works as a private contractor in Iraq and Afghanistan, recalled meeting Perelman once. He said the man deserves prison time. "For the other Purple Heart recipients out there who read this, it's going to show them that the law and our country supports what they did and that imposters are punished," Olds said. He also said he feels sorry for Perelman's family, which has had to endure months of negative publicity, "but in the end, the court and the justice system did what was right." Valladares estimated that Perelman will serve about 10 months of his sentence after receiving credit for good behavior.

VYNC, I understand that, I was just hoping that this may help or shed some light.

Have you tried this? http://www.vba.va.go...ms/disexm07.pdf