broncovet

Tbird is rarely on this site anymore, and is no longer the owner, Rattler is the new owner.  

However, I will try to answer.  

    Its difficult for VA to reduce your tdiu rating "unless" you go back to work and earn "over the poverty level" at a job for a full year.  

    So, if you were approved for tdiu, and went back to work for 3 months, your tdiu would not automatically be taken away, for example.  

     You see, not every one who "tries to work" after being disabled is successful at the transition back to work.  

     My advice is if you have been able to maintain "substantial gainful employment" for a year then you should inform VA of this.  Let them decide whether or not to "remove your tdiu".  

     And, in answer to your question, yes, if you were at 70% disability, then were awarded tdiu at the 100 percent rate, then you were successful at returning to work for a full year, and VA reduced your tdiu, you would go back to 70%.  

You could try both these things.  

1.  File a nod disputing it at the bva.  

2. ALSO, file a cue "if" your duty station is on the presumptive list(s).  Did you review your cfile (electornic, vbms) to ensure you had all the evidence?  If something is missing, such as your treatment in the AF, then file a 38 cfr 3.156 new evidence

In addition to qualifying for higher levels with loss of use, or higher levels of Aid and Attendance,  (mentioned previously)  you can get additional half step (SMC L1/2) provided that you meet the criteria below:

(

Quote

3) Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

"IF" YOU think this examiner was not qualified to provide this exam, you can/should "challenge the competency of the examiner".  When the  C and P examiner renders an opinion, the competency is presumed for VA hired examiners including contractors.  More here: 

https://cck-law.com/blog/how-to-challenge-va-cp-exam/

Someone else's IMO may not help you that much, tho they are free to post it if they like.  You see, the IMO is person specific, and would unlikely apply to others, tho there could be some similarities.  

If you are seeking compensation for Menieres disease, you first need a diagnosis, then an in service event, and finally, a nexus linking it to an event in military service.  

"If" you have a Menieres diagnosis, and an in service event or aggravation, then an IMO may help to provide a nexus.  

Menieres is often rated in the "hearing loss" section, as it seems to be related to hearing loss.  Do you have a hearing loss?

Congratulations!   Dont forget to help hadit to help others, like yourself, in the future.  This site does not run for free, and frankly, its a burden (financial) on Tbird to keep it going.  

Also, dont forget your additional benefits.  Vets tend to "blow through" their retro, and in a few short months wonder where it went.  So, get the rest of your benefits also, such as free 10,000 (waiver of premiums) life insurance.  

Also, you should now be eligible for reduced or eliminated property taxes in most states.  I save about 800 per year on taxes (66.00 per month), but many Vets save much much more in property taxes than that.  I live in a very modest home which cost just 72,000.  I know Vets who have 10 times that in their home.  

While paying off ones home is a good thing for retro, I deliberately did not pay off my home.  (With an interest rate of under 4%, it did not make sense).  Instead, I have purchased bitcoin and other cryptos to provide a scholarship for my grandchildren (I have been blessed with 9 grandchildren. )

Ok, not sure of the reason for this, but here is ONE:

https://www.cancer.gov/about-cancer/causes-prevention/risk/radiation#:~:text=High-energy radiation%2C such as,made%2C tested%2C or used.

Of course, its not the only one.  One of the "first" may be Marie Curie, who died of Leukemia after years of experiments with radiation, in 1903

https://cosmosmagazine.com/physics/this-week-in-science-history-marie-curie-dies/#:~:text=In 1903%2C Marie and her,energy radiation from her research.

I agree with Buck.  File because prostate cancer is notoriously reduced after a year or so.  

Rest assured the VA is going to fight you on 16 or 19 years retro.  (It sounds like you didnt appeal it back in 2001, 0r 2004.) 

While I have not read EVERY single thing in this thread, my opinion is that you will "likely" need 3 things to win this. (NOT in this order):  

1.  Probably an IMO or IME.  If there is unclarity on a cue, then tie goes to VA.  No BOD on CUE.  

2.  You may also need an experienced lawyer who represents Veterans.

3.  A complete copy of your cfile.  If we give an "opinion" on your opinion, our opinion can be no better than your opinion.  Thus if you want an opinion, say from an attorney, he would need to first view your medical file.  

      This is my general advice on virtually ALL large retros: get the cfile, get great representation, and be willing to pay for an IMO or IME if needed.  

Ok.  You are "assuming" VA.gov is reliable, and this is "far from assured".  Very far.  Many times, including my own, I thought it was going to be "much much longer" and my BVA came through much much faster..once it "gets" to the BVA.  

The problem in the past is that VARO "sat" on our claims for about 3 to 4 years before they were ever sent to BVA. 

1. For example, it took an "average" of 2 years or so for the VARO just to certify the claim to the BVA.  (which should have taken 2 hours).  

2.  Also, they VARO took a year to do a required SOC, and more if you submitted new evidence and they did a SSOC.  

3.  Even worse, the VSO would often "prepare a brief".  Ok, that sounds good.  NOT SO FAST.  My DAV national VSO told me, when ebenefits says "with VSO" that did not mean the claim took longer, because the BVA claim was "already docketed" so it was waiting before the board while VSO takes a year to prepare a brief.  So, I called the BVA.  NOT TRUE!   My claim was "not docketed" at the BVA so the VSO "preparing a brief" delayed it another year.  

     If my math is correct this totals 4 years where VARO sits on the claim.  This is the purpose of the AMA (formerly known as RAMP).  No SOC, and NO certifying to board.  And, this time it took my VSO under six weeks to prepare a brief.  

    Dont take my word for it tho:  Read the BVA chairmans report yourself, and find the average claim times there:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

    Make no mistake.  The board makes it crystal clear the REGIONAL OFFICE is the source of about 80 percent of Vets claim delays.  

You are gonna have to wait for the envelope, guessing on ebenefits is rarely productive. 

It may be "coincidence" that your submittals have disappeared after these 2 VSO's resigned, or it may not be.  You need to get to the bottom of this..probably call or send an IRIS email and ask them just as you stated.  

Hopefully you can resubmit those.  It doesnt make sense that they would delete your submittals after a VSO leaves, however, "Stranger things" have happened at VA so I am rarely suprised when new stuff happens at VA.  

Try another source:  ebenefits/va.gov

Its not suprising a fax number is not working, most people dont use fax anymore.  email, upload, or snail mail it.  

There is no "application" for "retroactive" disability.  Instead, if you dispute the effective date of a decision, you can file a nod.  If, however, you have waited until "more than a year" from the decision, then your choices are more limited.  

You can file a cue, if applicable.

You can also "reopen due to New and material evidence" via 38 CFR 3.156.  

If you file a supplemental claim for a condition already SC, it would be "moot".  

To find out if you met the criteria for an eed, it would mean a review of your files.  I agree with Vetquest, best is to start a new thread and ask. 

We dont know.  I do know that my base exchange told me they were "behind on orders" because new Vets are now eligible for BX purchases online.  

The obvious solution is to order from the Bx online.  They will deliver to you so you dont have to go on post.  

You did not indicate if she has "court ordered" child support or not.  If she has this, then, yes, the VA will "apportion" your compensation.  

Most other things are exempt from attachment to disability comp, but not child support.  

I doubt that she would be able to attach your disability with aliminoy, however.  This may vary from state to state so you should check with an attorney in your state.  

Ann...  I responded to both your topics titled, "Effective date" and "My SOC".  Hope this helps.  Loyal Blair, aka Broncovet.

Maybe Berta or others will chime in, but, As always, VA moves very, very slowly, considering that the Vietnma war was in the 1970's.   It sounds like they want to wait until we all die.  

However, an IMO/IME should work for you, if, you were in country where VA has conceded AO exposure.  

https://lunginstitute.com/blog/connection-between-agent-orange-and-copd/

Great, and welcome to hadit.  Experience is a great teacher and we welcome more people to answer questions.  

Dennis:  We are all volunteers, and people are online at different times.  I will try to answer your question, as Berta is obviously unavailable at this time.  

When you enter the service, you are given a physical.  Except as noted on the physical, you are "presumed" to be otherwise healthy.  If your entrance physical does not include anything about a previous football injury, then, if you apply within one year of an exit from service, then its presumed you got this malady in service. 

In other words..you are healthy when you entered service, and when you get out, you have a disorder, then its presumed you got that disorder in service.  Now, the VA can "rebut" this presumption, for example, if you were in a car wreck 6 months after getting out of service, then VA is not going to pay for the injuries in the car wreck.  

A diagnosis of PTSD has to be made by a VA doc in order for VA benefits to "recognize" this.  

With PTSD you have to have a "stressor" event in service.  In other words you could be diagnosed with PTSD but its possible that your "stressor" occurred outside of service.  For example, if you were raped after service, and you said that was your "stressor" for PTSD, then this would not be service connected.  

Let's say, you do have a verified "stressor" in service, that you saw some ugly things, for example, you had to haul off bodies of your comrades killed in the war.  

That would be an in service stressor, but you should have documentation.  Now, VA has been fairly liberal with stressors of combat Vets.  You see, in a war you dont always have someone with a pad of paper sitting next to you saying. "Ok that guy getting his arm blown off is your stressor..Let's document that  in your record now."  

With VA benefits you need these three things documented to prove service connection, as usual.

1.  Current diagnosis of PTSD.  It sounds like you indicated you have a PTSD diagnosis.  

2.  In service event, with PTSD, this would be called a "stessor".

3.  Nexus, or doctors statement saying to the effect that your PTSD is at least as likely as not due to (trauma event) while in military service.  

To add, there is an understood prohibition of allowing a Veteran to keep his claim going until he finds a decision maker willing to grant.  This is the concept of finality.  Res Judicata basically suggests that the decision maker has decided, and this can only be overturned on appeal.  And, the VA does not like doing each others decisions over and over, and they pretty much stay with the original decision makers decision, unless there is New and material evidence.  

I certainly agree at the RO level.  "Top sheeting" often happens where they dont read most of it anyway.  My file is over 1500 pages, and spans since 2002.  

But, you need to keep this in perspective.  Generally, the RO does not award huge retro...there are reasons for delays of 10 years or more, because, if the evidence was clear, it should not go 10 years.  

However, when it comes to appeals, the appeals team overturns when the evidence is in equipose, or favorable.  

This is obviously the latter..its in appeals, already denied by the RO, so more favorable evidence should tip the scales of equipose.