[va is requesting a 1151 development to VAMC]

I was never a va employee, Hbp was diagnosed by my private Doctor 1995

Docket No. 19-28 747

Service connection for hypertension
Under 38 C.F.R. § 4.104, Diagnostic Code 7101, hypertension
means diastolic blood pressure predominantly 90mm. or greater, or systolic
pressure predominantly greater. The Veteran had two blood pressure
readings in service which meet these criteria. In October 1983, blood pressure was140/90. In December 1991, blood pressure was 128/91. However, in both cases,
the Veteran was being treated for other health concerns, and hypertension was not
diagnosed in either instance. However, no VA examiner has addressed these
findings in determining the etiology of the Veteran's hypertension. A supplemental
opinion should be obtained.
Service connection for headaches
The Veteran is competent to report experiencing headaches. He contends that these
headaches may constitute an "undiagnosed illness" associated with service in
Southwest Asia. A May 2016 VA examination diagnosed headaches of unknown
etiology. A December 2016 disability benefits questionnaire (DBQ) submitted by a
private physician suggested that headaches were associated with hypertension.
The rating criteria for the Veteran's service -connected fibromyalgia also
contemplate the presence of headaches.
An additional examination is necessary to clarify the etiology of the Veteran's
headaches.
Service connection for a gastrointestinal disability, psoriasis, diabetes mellitus,
hand tremors, pes planes, left ear hearing loss, and tinnitus
Higher rating for right ear hearing loss
TDIU
The remaining issues on appeal must be remanded because the Veteran identified
potentially relevant outstanding private treatment records as part of his July 2020
TDIU application. A remand is required to allow VA to request these records.
As discussed above, the Veteran has claimed service connection for a
gastrointestinal disability, but erosive gastritis show in treatment records is part of
the rating criteria for cirrhosis of the liver and should not be considered a separate
disability. The claim is being remanded for consideration of any additional
gastrointestinal disability that may be present in the private records sought on
remand.

 

 

[va is requesting a 1151 development to VAMC]

3 hours ago, Berta said:

Did you ever get treatment or any pathology work done at the Fayetteville VAMC????

I am a successful 1151er and never saw anything from VA like that before- except when they had to send letters to hundreds of veterans when they found their Fayetteville VAMC pathologist was working at VA while severely impaired. He is in prison now.

No, i only got signed up for health care there, could it be that i had hypertension during treatments and exams but they only noted the BP readings and did not diagnose me or give me treatment for hypertension ? that was what the BVA judge wrote in the remand back to the VA ?

[va is requesting a 1151 development to VAMC]

Hello,

can someone tell me what the va is asking for and or why ?

(va is requesting a 1151 development to VAMC)

I never filed a 1151 claim.

[va is requesting a 1151 development to VAMC]

Hello,

can someone tell me what the va is asking for and or why ?

(va is requesting a 1151 development to VAMC)

I never filed a 1151 claim.

 

[TDIU and claims on appeal]

14 hours ago, broncovet said:

Unfortunately, I could not read your letter, only the ebenefits portion.  BVA normally leaves the effective date for SC up to the VARO.  So, you should get an implementing decision from the VARO.  

However, BECAUSE you were awarded at the BVA this is an appeal, and this suggests some time elapsed since you applied, were denied, then that denial overturned at the BOARD.  

To that extent, YES, you should get retro, but I would need to know more to know how much.  A retro calculator is here, so you can plug in the numbers and see for yourself.  https://hadit.com/disability-calculator/  

I know you are anxious, but, like the rest of us, you will need to wait for the implementation letter from the VARO to know.  Sometimes, the deposit comes BEFORE the letter.  That happened to me, at least once.  

Assuming all the stuff you posted is accurate (and ebenefits is often inaccurate or not up to date), let me be the first to Congratulate you on your win.  

Thank you broncovet

[TDIU and claims on appeal]

On 9/28/2020 at 12:11 AM, pacmanx1 said:

I guess we really did not answer your question so here we go. What happens to your claims on appeal if/when VA grants you TDIU or 100% scheduler? VA must still process these claims until they are withdrawn or rated positively or negatively.  I was granted 100% scheduler about a decade ago, but I had a few claims in appeal and one claim went all the way to CAVC (Courts of Veteran Appeal).  VA awarded me 100% scheduler and then called me and asked if I wanted to withdraw all my claims on appeal.  I said I wanted the claims to be rated and I just recently won an un-adjudicated claim/appeal back to 1998. I am waiting for VA to finish this claim to find out what my next move will be. If I had withdrawn these claims, I would have lost thousands of dollars in retro pay but I am still waiting because I feel that VA had the evidence in their possession, and someone screwed up. This money really could have changed my life and I feel that these funds are my only income and I must do everything in my power to try to survive as best as humanly as possible. Like others I could tell you some stories that could really hurt your heart about what I went through and how I had to live while VA constantly denied my claims while the evidence was right there in my C-File.

Hello pacmanx1, i would like to know if i am entitled to backpay for the ptsd and  eczema claims that were granted by the BVA

[TDIU and claims on appeal]

On 9/28/2020 at 4:13 AM, broncovet said:

Effective dates are too complex to make a great opinion on, based solely on what you posted. Yes, I know that is not the answer you want to hear, but telling you "what you want to hear" isnt always in your best interest.  

 Some attorneys dont even handle "effective date" appeals, as they can be some of the most complex of all.  Below, I will post the effective date regulations, which, by the way, have changed.  

First, your effective date is the later of the "date of claim" or facts found (the date the doc said you were disabled).  

And, there are multiple exceptions to the general effective date rule, above.  For example, if this is a claim for increase, if you exited from military service in the past year, if you had "new and material evidence", and more, detailed below.  

However, to the extent that your "new conditions" or increase, were awarded with an effective date earlier than your effective date for tdiu, yes you can get retro.  But we have no idea if you will be awarded any benefits at an earlier effective date than your tdiu.  We have no idea what date your doctor said you were unable to maintain SGE, for example.  

It would take an entire review of your file to answer this question, because we have not seen your c and p exams and "guess" at when the doctor said you were disabled on all these conditions.  

It would be easier to guess the lottery ticket numbers than for us to guess all 5 of these c and p exams, as to when the doc said you were disabled.  

https://www.law.cornell.edu/uscode/text/38/5110

 

hello broncovet, i would like to know if i am entitled to backpay for the ptsd and  eczema claims that were granted by the BVA

[TDIU and claims on appeal]

Thank you pacmanx1, that was what i was looking for, and i wish that you win those appeals, keep  your head up and keep giving good advice like you do.

[TDIU and claims on appeal]

Thank you for your honesty and your answer broncovet

[TDIU and claims on appeal]

Hello,
if i am awarded tdiu 100% what happens when other claims that i have on appeal that were never rated  will i recieve retroactive pay for those claims ?

[TDIU and claims on appeal]

This the NOD

[TDIU and claims on appeal]

This from my va.gov

[TDIU and claims on appeal]

I´m at 80% now waiting on TDIU with 5 increases and 12 claims on appeal

[TDIU and claims on appeal]

Thanks G

[TDIU and claims on appeal]

no

[TDIU and claims on appeal]

Hello,
if i am awarded tdiu 100% what happens when other claims that i have on appeal that were never rated get granted , will i recieve retroactive pay for those claims ?

 

Thank you for your help.