Jump to content

broncovet

Moderator
  • Content Count

    10,210
  • Donations

    $50.00 
  • Joined

  • Last visited

  • Days Won

    262

broncovet last won the day on January 23 2018

broncovet had the most liked content!

Community Reputation

3,293 Excellent

Contact Methods

  • Website URL
    http://

Previous Fields

  • Service Connected Disability
    100
  • Branch of Service
    Navy

Recent Profile Visitors

6,746 profile views
  1. broncovet

    IME in Ohio

    You are premature for an IME while still in service. We dont know what disabilities you are applying for. Generally, you need to apply for benefits within a year of discharge. (You wont get any benfits on disabilities you predict you will have after service) . You only get benefits on disabilities related to service that have occurred, not that you predict will occur. Its good to think ahead, but, unless you have an "in service event" or aggravation, it wont be linked to service. A doctor can not provide "an in service event". There are a few docs who do IMO's...on many different disorders, such as DR. Bash. Keep in mind you need 3 things for service connection, not "just" an IME/IMO: 1. Current diagnosis (that is, after service). It wont hurt that you have an in service diagnosis, but keep in mind the VA does not pay for "acute" disorders. They have to be "chronic" and demonstrate symptoms over time, not just hurt for a while and then the pain goes away, such as a sprain. 2. In service event or aggravation. 3. Nexus or doc opinion that your current (post service) diagnosis is "at least as likely as not" due to the in service event. There is a bdd, but I dont know how that one works exactly, but its probably similar.
  2. 38 CFR 3.156 has "2" ways to reopen and get an earlier effective date. 1. 3.156 C If the "new evidence" was new "Service records" which establish your disorder was caused in service, then you can argue for an eed. 2. 3.156 B This allows you to reopen a "pending claim", that is, one that is still in some stage of the appeal process. Otherwise, if you try to reopen due to new evidence, the earliest effective date you will get is the date you sent the new evidence. Exceptions, as Berta pointed out is if you applied within a year of service. Berta can help you with CUE, BUT..there are lots of pitfalls with cue. It has to be undebatable, based on the laws at the time, and the error has to be "outcome determinative." The VARO failure in its duty to assist isnt cue. If you reapply, get awarded and you get a bad effective date, you can appeal the effective date and make a case for a 96 effective date as that is when you first applied. However, the effective date is the later of the "facts found" or the date you applied, so you would need to show you met the criteria all the way back to 1996. It isnt enough to just apply, you have to meet the criteria.
  3. Lots of Vets are dis satisfied with their VSO. If VSO's were superman, then VEts lawyers would not be needed. If superman is busy with other claimants, get on hadit, and maybe some of supermans' helpers can help. One of these already has...Berta. She is the best of the best. I suggest you take Berta's advice TO THE LETTER.
  4. There are 2 ways to get SMC S (housebound); Statuatory SMC S, which requrires a single 100 percent plus an additional combined 60 percent, seperate and distinct from each other. We dont know your ratings so we dont know if you are eligible for this or not. "Housebound in fact". SMC S . This requires a doctor statement that says you are "substantially confined to the premises". It sounds like, based on your post, you should get this, as a minimum. Moving on to the next step SMC L, aka "Aid and Attendance". This normally requires a doc statment that says you need help with eating, toileting, dressing, bathing and other activities of daily life. You can also get SMC for "loss of use", such as not being able to use your legs, arms, blindness, etc. I suggest you apply if you have not already. It may require a comp and pen exam, unless there is already evidence in your file. In your situtation, filing a Cue is probably not recommended UNLESS: a. You have a representive (such as a Veterans lawyer) or very knowledgeable VSO who can/will go to your house and help you. OR b. You are willing to do much study and learn 38cfr.s for yourself as Cue often requires specifying the "regulation" (38cfr number) which you allege VA violated. For example you can allege VA violated 38 cfr 4.6, but you have to explain how they violated that regulation.
  5. Ok. Ebenefits/Vets.gov is unreliable, so you will have to wait for the envelope. Any more questions?
  6. I agree with Richard and Ddsr. If you can print out a letter that says you are 100 percent, then its pretty much already happened. Everything else, on ebenefits is noise.
  7. You will need to wait for the envelope..your caregiver coordinator is probably not also a rating decision maker and may not know. Not all decision makers will make the same decision on a particular claim. So your decision maker may/may not agree with your coordinator.
  8. You have to have a note from your doctor that your sc disabiilites prevent you from SGE. It might be difficult to find a doc who says you cant work WHILE you are working, even part time. Yes, there is a distinction between "substantial" gainful employement and a Veteran doing stuff like cutting his neighbors grass for extra money. The distinction is the poverty level income, which is about 1000 per month depending upon how many dependents you have. That does not mean you will get tdiu if you earned less than 12,000 last year. This said, it depends on the circumstances. Lets say you tell your boss you can only work 2 days a week becuae you have PTSD therapy the other 3 days per week. You might be eligible for tdiu provided that your doctor states you are unable to maintain sge due to sc conditions. Again, however, your doc may not do that, and for some good reasons.
  9. broncovet

    Ep 170

    EP codes (End Product) have to do with VA raters and how they get credit for doing a task. For example, an ep code 172 is preperation of an SOC. Dont worry about it...wait for the envelope. You probably dont care what credits the rater got for working on a portion of your claim.
  10. Put it in context. In the cartoon "Snagglepuss", "Exit Stage 3" means he is splitting.
  11. Sorry, we have no idea how long it will take VA to call you.
  12. There is such a thing as an "inferred" claim for TDIU. Did you inform the VA you are "not working" due to sc conditions? To be eligible for tdiu you have to demonstrate you are "unable to work" due to sc conditions. Check your records, and if you told the VA this, then you can appeal TDIU. However, va is not expected to go on a fishing expidition for benefits. Appeal if you feel lowballed, but if you never applied for tdiu, why should you be suprised when they did not adjuticate it.
  13. TDIU isnt "to get you through a rough year". Its presumed that you wont be able to return to SGE (working), that is, that its permanent. A tdiu rating is sufficent for many things that require a "total and permanent" disability.
  14. Im not quite understanding your question. The VA processes claims in THIS order: 1. First comes service connection or lack therof. They proceed "no" further if you lack SC. 2. Next, once SC is established (step 1) is the disability percentage. 3. Only after the first 2 are established, will the VA consider an effective date. So, if you appealed the effective date, you would have already had SC and had a disabity percentage established. Had you disputed the disability percentage, you would have need to appeal THAT in whichever decision established the disability percetage. Had you not appealed the disability percentage timely, its too late, as it needs to be disputed within a year. The way you explained it was that you got an earlier effective date, then you appealed the disability percentage. That is backwards.
  15. broncovet

    Should I file a CUE?

    Well what I see here presents a big problem for you. Here is why: Read 38 CFR 3.156 which says, in pertinet part: Here is why this is so problematic for you. You posted, in your "evidence" section of the denial that the VA stated: "DTA letter sent August 19, 2007 which advised you to submit evidence......No response received to date. " end of decision quote. Here is the deal: If the VA asks you for evidence, and you dont provide them the same, they have a good reason to deny you. This is not CUE on VA''s part, but they will say this is YOUR fault for not supplying the required evidence. Its a mistake, when VA asks for evidence, to ignnore that letter. You could write them and say, "I dont have any more evidence..you have it all". That may suffice. But, a non response when VA requires evidence basically means you are "abandoning" your claim. You will have to get past that, and Im not sure how. Additionally, they said something to the effect that your disability (arthritis) did not rise to the compensable level. (earlier). To refute that, you need EVIDENCE (medical) and compare it with the criteria for rating arthritis, where the doc said you had ______symptom, and that symptom is in the criteria for a 10 percent rating or higher. Berta may not agree, but I see it that your non response to their request for evidence constitutes an abandonment of the claim for the applicable period. Remember, Cue is all about effective dates. Otherwise, you just simply file a new claim and dont worry about the effective date. The main purpose of your cue, as I understand it, is to get retro backpay from when you first applied. Now, I am not saying there are NOT other ways for you to earn an eed, but it appears to me that VA has an "out" in granting you 38 cfr 3.156 backpay because you didnt comply with their evidence request in 2007.
×

Important Information

{terms] and Guidelines