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broncovet

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broncovet last won the day on January 12

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About broncovet

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. Good answer, Hume. Knowing what your docket number is, and what docket numbers they are working on helps to know when yours will be finished. Unfortunately, even AFTER you get an award from BVA, that does not mean your money will be in your account the next day. You have to wait for your VARO to "implement" the board decision, and that can take from 2 weeks up to "NEVER", because the VARO does not always implement the Board decision promptly or properly. I dont like to be the bearer of bad news, but its unrealistic to think you will have your money in a few months while your claim is still at the Board. On average, I would guess it takes about 2 more months for VARO to implement your board decision. I got a favorable board decision in August, I did not see any money until almost November of last year.
  2. I "answer the questions" VA ASKS. I dont answer questions they DONT ASK. IF you are TDIU, then you have an OBLIGATION to VA to report monies you earn working about once per year. IF you are NOT TDIU, then you do not have an OBLIGATION to report your "earned income", but, you can be assured "big brother" knows when you are working. For example, if you check the schedular criteria for 100 percent PTSD/depression etc., you can know that it includes the phrase "Total Occupational Impairment". Therefore, if you are 100 percent for a mental health disorder, you can expect VA to reduce you if you go back to work full time while collecting 100 percent. Some Vets do that, but they are treading on thin ice if you ask me. You can probably get away with that, for example, under certain circumstances: Lets say you are 100 percent and work for the government. When you apply, you disclose your disabilities and ask for a "reasonable accomodation" that is, you need off work 3 hours per week to go to the mental health doc for counseling. And, you stay in therapy. You can "probably" keep your benefits and job under those circumstances. Lets consider another, however. You manage to get 100 percent for mental health disorders, then "drop out" of therapy, and get a job as a car salesman, and dont even tell your employer you have PTSD, and work every day, including saturdays. You are at risk of losing VA benefits or at least getting reduced, IMHO. Read the criteria for reductions. Its a lot about working, which VA refers to it as "under ordinary conditions of life". "ordinary" people have to work to earn a living, while "disabled" people can not. Your actions will determine which category you are in.
  3. Cant Stop Thinking About My Claim

    Yes, many of us have. I have spent "way too much time" on my claim, altho not all of it was productive. I recommend: 1. Dont check ebenefits more than about 4 times per week (not per day). 2. Dont call your VSO more than about once a month. They quickly get into "dont return xxx's calls mode". My VSO got into the "dont return my calls mode" 3 seconds after I signed a POA. 3. Get a hobby or work your old hobby. Answer other Vets questions on hadit (you will learn a lot). Go fishing, play with grandkids, start going to church, play chess, do woodworking, or improve your relationship with your wife. Focus on improving things with friends. Go to McDonalds at 8:30 in the morning and sit with the old guys and ask them to share their stories. Then share yours. At my McDonalds senior coffee is 59 cents, and I can get unlimited free refills on that day. When you are, what my church says, "building relationships that make a difference", the time goes by quickly and I feel like I am serving God. 4. When you focus on helping other's problems, yours will be helped too.
  4. Yes, it will be helpful to Veterans if you disclose the name of your law firm that won your case, as Veterans on here are often looking for an attorney to represent them at the VA. I recently won my case through the help of the law firm Glover Luck. However, I was a bit disappointed that the lawyer was not prompt at returning calls or emails. After a little research, I realized this is not an uncommon problem. Its my opinion that sometimes Vets expect the lawyers to solve problems that the attorney can not solve. My attorney was paid by EAJA, and she simply could not bill EAJA for 20 Thirty minute calls each to educate me on the ins and outs of my case. That is about 10 hours attorney time. I think my attorney gets 175 per hour, so that is 1750 dollars that she did not feel she could afford to donate to me to educate me, and I get that. Noone else is donating 10 hours of their time to me either, with the exception of hadit members. A law firm is a business, and it has to make money or fail. She chose to spend her time with "billable hours" but got me a good result, regardless. She elected not to explain "every one of my Theories of how I could maybe increase my benefits." She just went with the one she felt best. The bottom line is an attorney is probably not the place to go for "hand holding". A Vet should come to hadit for that, or maybe their PTSD/depression counselor or spouse. Im okay with that. When I go to McDonald's I dont expect the clerk to be able to explain how/if McDonads treats cows humanely and if it was Mrs. Kroc who donated 40 million or so to the Salvation Army to help homeless. So, I limit the questions to things like, "Can I get that with cheese"? I also get 2 helpers with my Vets claim: An attorney and someone that I can cry on their shoulder when I need it. For example, when I get delayed 5 years. Now, I dont spend too much time with Vets questions such as "How long will it take VA to....?" because I dont know. Nobody does.
  5. This may help: https://www.va.gov/opa/persona/dependent_survivor.asp
  6. DEA (Chapter 35) Education benefits were awarded to dependents sometime shortly after your late husband was awarded 100 percent. However, 31 years old is too old for him to begin going to college under DEA, he would have had to done it several years earlier. HOWEVER, YOU may be eligible for DIC, which is a monthly amount to widows, mostly dependent upon his "cause of death". (That is, was his death related to that which he was service connected for?) Berta is our expert on widows benefits, and, hopefully she will chime in, but she may need to ask you some more questions..such as how long you were married. Also, if your husband had any claims or appeals pending, then you probably need to file a "substitution of claimant" so you can continue his appeals, "as if" he were still alive, and, of course his estate would get any possible retro awarded.
  7. Yes. The VA can order a re exam, if there is "evidence" of improvement. I guess if you go to the doc, and tell him you are all better, or that you have improved, you could expect that to "trigger" a re exam. Or, if you dont go to the doc at all, then they will assume you got better. You have to stay in treatment, and you can expect to get a proposed reduction if your doc says your condition improved. The regulations are here, noting that a and b only apply to P and T, or disabilities stabalized over a 5 year period. :
  8. True. You can earn all you want on investments, other retirement, etc.
  9. Received BBE

    Sorry about your denials. However, almost all Vets who win benefits do so in appeals. I certainly am one, Berta, and Alex, for sure, did not win until they got into appeals. Its the VA way. File your NOD, and use the denial reasons and bases against them to refute it. You may need an IMO/IME, or, go to a different VAMC.
  10. Beware of Imposter hotline: https://www.aarp.org/money/scams-fraud/info-2017/veterans-choice-program-phone-scam-fd.html?cmp=SL-DSO-OUTBRAIN-DESKTAB-MONEY-FWN-MIXED-CPC-BRANDSAFE_Don't+Call+This+Fake+Veterans+Choice+Program+Hotline+(It's+a+Scam)_00fec7ead00ade72210c0cc5627b9b3d24_Fox+News+US
  11. As hamslice pointed out, its okay to work and collect VA benefits. Many have done so, Max Clelland was a Senator and collected 100 percent disability. Just dont lie about it. Big brother already knows way more than you think.
  12. Dont even THINK about this. The IRS knows every time we buy groceries at Kroger, every time we get a paycheck deposited to our account, and much, much more. The IRS and VA share information, altho it does not seem like it when we are trying to be awarded benefits. Make no mistake...dont lie to the VA about working. This would be fraud and you could lose the rest of your benefits, too. "Big Brother" has sophisticated software that red flags stuff. For example, if you report 30,000 a year, but drive a BMW and live in a 1.5 million dollar house, you are gonna have some explaining to do. Remember, every banking transaction is recorded for IRS to view, and it wont help to pay with cash. If you took $1million in cash to buy a home, your realtor would have to report that event. (Cash transactions over about 10,000) Dont try to buy a 50,000 ring either, by giving the jeweler 5 payments of 9999, as that will be red flagged as well.
  13. SMC (S1)

    Yes, its permanent BUT, dont rely on ebenefits but instead wait for the envelope to celebrate. Anyway, Congratulations.
  14. Yes, of course. Its also much better to apply for benefits within a year of exit from service, as it will be presumed you got the disorder in service if you apply within a year.
  15. I plugged the disability percentages into the combined rating calculator, and it showed that an additional 10 percent for IBS did "not" increase your rating above 70 percent, it remained at 70. This is gonna hurt your cue because you have to allege in cue that the error is "outcome determinative" and, if your rating stated the same if VA fixed the error, then it would not be outcome determinative.