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ShrekTheTank
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Posts posted by ShrekTheTank
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The VA would have to prove your condition has improved. This is very hard to do. I have never heard of them bothering with poeple who are 100% P&T.
Also you get the 5-10-15-20 year rules that come into play that make it even harder for the VA to reduce anything.
Unless they can prove Fraud of somekind.
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I just wrote about how chronic sinus infections affected me on a daily basis. They want to hear your own words. They need to understand how bad it is. They are not looking for a specific thing, more of how and what it does to you. Also tell them how long it has been going on.
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I would file for it. You can fill out a Lay Statement, and guide them to this. I would not try to tell them how to connect it. Now you can mention in your Lay Statement that in the pact act it is a presumtive(This is how I got connected). They could do it secondary to something else, and they will make that change if they find another way to link it.
I have seen it go both ways. Give them all the facts and try to guide it, but don't be supprised if they change it on you.
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This is total BS. I filed for mine 10 years after I left service. Follow what Bronco said above!
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I think it is just a catch all for issues and then they spread them out to the closest related issue. I know I filed and they sent it back as not service connected. They gave me most of the issues related to it, but I don't think there is a real just rating for this.
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5 hours ago, Wordsmyth said:
Thank you for your response. You gave me a lot to look into. Just to be clear, I entered military service in 1985, was medically retired in 1988, was diagnosed with PTSD years later (maybe 2000), but wasn't diagnosed with ASD until approximately 2013. In other words, I served not knowing I was doing so with PTSN, autism, and other "co-morbidities". I don't know if that makes a difference in how it is reported or not.
IMO it does not matter. I would put in for it and then see what comes back from the VA. As the advice above, do not try to lead them too much as you don't want to covelude the issues.
I would for sure come here and ask what to do next.
For me the VA gave me 2 or 3 of my conditions at 30% and denied the others. I think they want you to feel like you did the good fight and got something and you will give up. I came back here and got tons of advice and I am now at 100% P&T and my appeal is looking at SMC-S, so I am so glad I did not give up when the VA rep told me to be happy with what I got and not rock the boat.
I shake the hell out of it now!
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I am sure you can have it increased, but the bigger question is why when you at 100% P&T? Would this make it so you could get SMC?
I just think you need to know if it is worth the fight. If it is then go for it, but if it does nothing else then IMO it wastes a bunch of time an resources.
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Veterans can get a DVT VA rating and benefits (woodslawyers.com) Read the entire article.
Above is the first thing I would look at for a proper DVT rating. Which catagory do you best fit into? Are you work?
Is this condition making other things you have worse?
Now if you feel your raiting should be higher and you are not working see the link below
VA Individual Unemployability If You Can’t Work | Veterans Affairs
If I am reading this correctly, you are not being rated correctly.
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So no matter if the VA closes it on their end, the Veteran still has that year to file the appeal. They just have to file.
As for the foot question, it all depends on the service connected disability. If one is conneceted and the other is not, then the veteran needs to work to get them connected. As far as surgery is concerned, there are times it can make it worse. Thus resulting in a higher raiting if the veteran claims it. It would be based on how the VA rates said disability and if they are service connected or not (Secondary count also).
For the last question, you would not get rated for something without a diagnosis. You must see a doctor and you would need to have a diagnosis. Now you can claim said condition and they will send you to a doctor to see if you have said condtion. Then you have to hit the clausal elements to make sure they service connect it.
If you do not have medical evidence from when you were in, you can use Lay statements and buddy statements to show you had them in service. Or if you have a service connected condition that aggrivates your feet.
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Va.gov should be able to do this for you.
I would leave it open until you know the change had been made and is going to the correct account.
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The VA has a duty to assist.
I would let them decide if it secondary to something or not.
If you have sleep apnea then you have it.
Mine is secondary to PTSD and I think that would fall in line with your anxiety disorder. When I did my Lay statement I told about how my Sleep Apnea affected my serivce connected PTSD. There is also a lot of documentation about it in medical articles. Or if you feel it is secondary to anything thing else, sometimes you have to guide the VA and let the medical evidence show it.
I would say file and keep appealing if you feel you should be service connected for it.
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When I was in the service I had an accident in a self propelled howitzer. It was a training exercise and I had my left rib cage with all of the cartilage torn. This caused my biggest and worst hernia. I have since had two more Hernia surgeries.
My question is should I file for this? I am rated at 0% for the first one they fixed.
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yes they do and I really hope they lay it out so I can get the win. This claim is from 2013, so much fun. LOL
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6 minutes ago, broncovet said:
You probably know this, but (I got your back, just in case):
CAVC appeals pretty much always are paid by EAJA, not the Veteran. This is huge, and can save you Thousands in attorney fees. When/if an attorney "wins" a remand from the CAVC, then the attorney needs to turn his/her hours into CAVC to apply for EAJA fees. (You want to insist on this..no sense paying fees, when EAJA will)
Now, here is my senario, which may well apply to you:
I appealed (pro se) at the BVA and lost. So, Hired an attorney to represent me at the CAVC. (I did this twice on different issues)
At the CAVC my attorney "won" (Chris Attig) a remand. Chris told me "he does not do law at the BVA", and did not/would not represent me (upon the remand) at the BVA. (I WON AT THE BVA) Attorney fees..EAJA paid 100 percent. Chris said I needed an IMO from a Voc rehab specialist, and I did so, and that I could represent myself (or use VSO). Since EAJA paid the fees at the cavc, and, since I went pro se at the board (upon remand), I owed nothing for fees.
On a different "trip" to the CAVC, it went a bit differently. Again, denied by BVA, and hired another attorney, Julie Glover at Glover Luck. Again, my attorney won a remand to the BVA. This time, however, Ms. Glover represented me at the BVA, and I won at the BVA. THE ATTORNEY FEES, however, came out a little differently. The attorney, after remand
from CAVC applied for and got EAJA fees. BUT she also represented me at the BVA. (EAJA does not cover BVA attorney fees, these are generally covered by the Veteran).
Also, the attorney "can not" collect from both the Veteran "and" double dip and collect also from EAJA. So, I had signed a 20 percent fee agreement. The amount paid "from EAJA" was deducted from my 20 percent fee. In this case I wound up paying about $1000, which was the 20 percent minus EAJA fees already paid.
Its a good idea to discuss with your attorney:
1. The attorney needs to collect EAJA fees with the CAVC remand win.
2. Will the attorney continue to represent you at the Board, after a remand, or do you plan or pro se?
You dont want to get crossways from the attorney, so get and understanding before so you know what to expect.
As always, just my opinion, but I like the idea of saving you thousands by addressing this.
Thanks Bronco,
This is very good information and good to remember as it has been years since I have been here. I do need to decide if they will represent me at the BVA as this could be a large win if it happened.
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1 hour ago, blahsaysme2u said:
hey man im rooting for you! im sorry things have been going poorly but keep your head up...dont stress..
setbacks happen- but giving up - thats 100% lost"you miss 100% of the shots you don't take" -wayne gretzky
-Michael Scott
Thanks for the support. I just got down cause they sent like a 5 page reasoning of why they denied me. I almost gave up.
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What he told me made sense, so we will see what they can do. I mean this is free for me so, I might as well let them do it.
- blahsaysme2u and Vync
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I felt the need to post this as I have felt very beat down from the BVA after my loss. I tried to read the entire things, but I just could not get into it. Anyways I got a letter yesterday from the VFW about Bergmann and Moore wanting to take my PTSD case.
I was very supprised to hear this as I had already been to the BVA 3 times and the CAVC once. Looks like we are headed back for round two.
After talking to the lawyer this morning they are very confident they are going to get an earlier EED and a higher rating as the BVA disregarded evidence that had been submited.
I am reendergized again and ready for a new fight!
Keep in the fight everyone!
- blahsaysme2u and Vync
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PTSD is different for everyone. Luckly I take mine out on gaming. For me it is about finding what will work to keep it in check and not go so far that my addiction takes over everything.
There was a time for me when my gaming got so bad that nothing else mattered and i stopped working and interacting with anyone else. I am glad I found people in my life to help me as I can now manage it.
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that is rough.
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I think as long at your doctor says you need one. My doc said i needed a shoulder brace, and nice one they ordered it. I would just ask your doctor about it and they should know.
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You CAN Get VA Disability for COPD and Chronic Bronchitis (woodslawyers.com)
Here is the article. It does depend on other things also.
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It is very hard to say the rating they will give. As it can be based on other factors. Below is what I found
VA ratings for COPD and other lung disabilities
FEV-1/FVC Level VA Disability Rating for COPD 71%-80% of what is expected 10% VA Rating 56%-70% of what is expected 30% VA Rating 40%-55% or max oxygen consumption of 15-20 ml/kg/min 60% VA Rating Less than 40% or a number of other issues listed below 100% VA Rating -
From the IRS website:
How much can I contribute?
The most you can contribute to all of your traditional and Roth IRAs is the smaller of:
- For 2021, $6,000, or $7,000 if you’re age 50 or older by the end of the year; or your taxable compensation for the year.
- For 2022, $6,000, or $7,000 if you’re age 50 or older by the end of the year; or your taxable compensation for the year.
- For 2023, $6,500, or $7,500 if you’re age 50 or older by the end of the year; or your taxable compensation for the year.
Can I Invest My VA Disability Money?
Here is a good article. I would also do some more research and possibly as a proffesional.
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When I had mine, they were sent straight to the attorney.
As for your total amount, you will have to wait for the letter explaining the benefits.
I did get my funds weeks before I got my letter
Passport
in VA Disability Claims Research
Posted
I think you are looking at some state benefits. The consider it to be called a passport for the parks.
§ 10.1-202.2. Disabled Veteran's Passport established; free entry into state parks and discounted services (virginia.gov)
Richmond Sunlight » 2024 » Disabled Veteran's Passport; service-connected disability. (HB67)
Sorry I am not finding a free passport to travel outside the US.