Sgt. Wilky

Hello All! The VA made several grants and continued several issues! Overall, I went from 80% to 90% with I/U granted from November of 2020. So I'm being paid at the 100% rate. So thank you all again for the encouragement and advice. It's strange to me, that this was so "Slam, Bam; Thank You Ma'am". I for sure thought that a denial would come and I was gearing up for a fight. No hearings, no meetings with occupational trainers or anything like that. Just, "I/U granted" and some increases from my contentions. I'm very thankful though and I can breathe easier nonetheless!! My two biggest questions are these: 1. Out of the 8 page decision letter, only in one little place to find these most important words: "Basic eligibility for Dependents' Educational Assistance is granted as the evidence shows you currently have a total sevice-connected disability(ies), permanent in nature." That sentence is found where the VA addresses Eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35. So, no where else is it shown that any of my grants state this in any other part of the decision. The only other place I've found is in the letter that you download for commissary privileges, it states: "This total disability is considered permanent. You are not scheduled for future examinations." It seems to me that if this were truly the case, it should actually state so in the decision letter from the R.O.. Does anyone have any guidance or advice here? 2. Should I be expecting another mailing from the VA that explains in greater detail what I/U means? I mean, I have a good understanding (I think) but do they not explain the ins and outs, the dos and don'ts of being granted and living with I/U? It seems to me again, that the VA might want to explain these things, otherwise a lot of vets could find themselves up $%^& Creek without a paddle here. Any advice or knowledge would be great. Thank you all and Semper Fi, Sgt. Wilky

I've been guilty of many of these points too. It's taken me a long time to learn some of the in's and out's but I'm glad I didn't give up. Sgt. Wilky

I logged in to Vets.gov and saw that my claims for increase was partially granted. I don't have the details as of yet, but I was sitting at 80% for quite a while and I saw that I was I was granted an increase to 70% for PTSD as well as several other contentions went from 10% to 20%. Of course, the good people here at Hadit.com have been tremendous allies in my fight and I thank you all for your encouragement and help, especially to @brokensoldier244th and many others. I was not optimistic in my C&P exams, but I was honest and I held back a lot of things, but the examiner obviously documented well and the rater(s) for that particular piece of the puzzle did me justice and for that I am thankful. The fight isn't over. I am beginning my claims for Rheumatoid Arthritis will hopefully win that claim but we will see. Semper Fi, Sgt. Wilky

I was given these letters by a VSO that may be helpful to your case. Sgt. Wilky NEXUS SAMPLE.PDF NEXUS SAMPLE #2.pdf

I should have clarified as I was speaking about two different events. My proposed reduction, now that I read your post, too, was 45 days from the date and I received it 16 days after the date of the letter. That was separate from the BVA hearing I just had a couple months ago (March 15th) that was an appeal from 2009...and wouldn't you know it, it was remanded back to the RO. Unbelievable, that 13 years later, this is still going on. Anyway, this just goes to show, like any other governmental agency, you will respond on their timeline, but you don't get a say in their timeline. 12 years and counting on this appeal...

Funny how you get a strict time limit, (I got a 60 Notice for Reduction in Benefits and the letter came to me almost 16 days after it was date stamped) but they could take as long as they want. I had a hearing last March for an issue I appealed in 2009... Sgt. Wilky

As I continue to think about today's events, I'm reminded how the end of the discussion (hence my original post) revolved largely around what part of the 70% criteria I didn't qualify for, but absolutely none of the 70% I did qualify for. I think I'll be looking quite closely at my exam when it posts and begin formulating a NOD response directed at those items, or maybe I just need to talk to an attorney to help me with my claim.

I thought of what you said brokensoldier, I did make the mistake of putting on a good face. I do this all the time at nearly every dang C&P exam and it always screws me over. My post was largely sarcastic in nature, but from what I read (and I'm no expert) from here, from several of the law firms quoted here often times, I meet the criteria, it's just I "didn't make it bad enough". Don't get me wrong, it is that bad, and my wife would attest to it. I seriously don't hurt people physically. But what comes out is hurtful many times. I will ask her to write down her observations of me and those things you suggested. Her testimony helped me (us) before, and so I'll work on that this evening. Largely, I was venting, and I don't really know for sure, although based on what she said, I'm assuming, and when I assume in this area, I bat close to 1000. One of the biggest keys that I don't have, is traditional treatment records. I see a counselor, but not a certified mental health counselor. I see my pastor on a regular basis, and I'll ask him for a letter too. The examiner said that was fine and that it's not exactly detrimental to my claim that I haven't been in mental health treatment. But I figure, regardless, I better start going to seek some kind of help in this MH condition. Thank you for your patience.

I had a C&P exam this morning that went two whole hours and then some, with a mental health professional via video conference from the Cheyenne VA. She was very nice and seemed to be thorough. She confirmed what I already knew, and that was that I had PTSD, for which I have been rated 50% since 2015. Anyway, I learned that although my symptoms have gotten worse, that since I struggled to keep my job of 18 years and having not been fired multiple times throughout my "career", and since I wasn't a complete turd to my employer and to their customers, and I rarely showed up late to work and since I didn't hassle my coworkers and behave inappropriately, and since I didn't get so angry that I hit my spouse or beat my kids (despite the fact I stated quite clearly [and my wife confirmed] that I've ruined my relationship with my oldest son), and since I can brush my teeth on my own that I "probably" wouldn't qualify for the 70% requested increase. So, I found out that if I had put my employer and my family through the proverbial wringer and I didn't cost them a bunch of money, and since that I haven't yet ruined my reputation in the neighborhood or at my church, and since that I was proactive to the point that the pain made it unbearable to work anymore, so I quit, rather than force them to fire me, I can't get the help that I need. I've been fighting the VA since 2008. I'm tired. Awesome. Sgt. Wilky

Good Afternoon All, I have a PTSD claim for increase tomorrow via video conference. I know that if you went in person, they wouldn't let your spouse or SO in with you. I'm wondering if anyone has had any experience with the video conference exam. My wife is going to be sitting next to me when the conference begins and it will be curious to see if they ask her to leave the room. I saw a video from Attorney Chris Attig that suggested it may be beneficial to an impending appeal (if the claim is denied), if the evidence of the record suggests or shows that the spouse was asked to wait outside and that the lay evidence is extremely important to the claim. At my C&P exam in 2015, they said I had to come alone, but I was granted at 50%. Sgt. Wilky

The booklet on our new Samsung TV states clearly that the tv can listen and record. We live in that age now, where we have to assume everyone, including the electronics are listening. That being said, I agree with others, in the narrow and specific vein of VA issues, cheaters deserve to be busted. BUT the Constitutional processes must be adhered to. Otherwise, for what did we swear and oath to defend and protect? Sgt. Wilky

Thank you Buck, that link was very helpful! Wilky

Thank you Buck. I am curious as to what is meant by "employed" and their terms of "substantially gainful employment". I've seen other VA paperwork that uses the term "earned income". I have no "earned income", but I do have "income" outside of the VA disability monthly payments. There are very specific and narrow rules under the IRS and SSA which define "earned" of which I don't meet any of those definitions, but I'm wondering if the VA has broader definitions. My other income would include farm rental income, which is not considered "earned income" by the IRS or SSA, and I have a monthly stipend I receive from my church deemed by them as "housing allowance", and thus the IRS and SSA state it is not "earned income". I looked on Veteran Law Blog and I'm not really finding any other answers. I don't want to do anything illegal, immoral, or unethical; and I want to stay and be honest. I may have to call an attorney though to see. Thank you, Sgt. Wilky

Hello All, I have an impending C&P exam for IU. My VSO was telling me there are annual forms that have to be filled out for those on IU for income purposes. I was wondering if anyone had a link to those form(s) or what actually constitutes income. From what I can tell, it's kind of a messy definition. I have no earned income per IRS and SSA, but the VA seems to define it much differently. I'd like to view these forms so I can begin to prepare myself for what these terms mean and familiarize myself with these forms. Thanks, Sgt. Wilky

That's a good explanation...I was reserves. It certainly was a cluster in more ways than a hundred.

Yes, but the PDHRA should be in the STR or medical records, shouldn't it? I'm sure there are reasons why it wouldn't be, but as a general rule, shouldn't it be included?

It was used to deny my claim for tinnitus in 2008. I explained, and sent in a buddy letter to back up the fact, that the medical officer in 2003 made it abundantly clear that that form was only to be answered regarding injuries or conditions that were suffered while in country. Being that my MOS was artillery, but that's not what I did while overseas, I checked the "no" box for tinnitus. Thus, the VA referenced that fact when they denied my claim. However, after a DRO review and supplying my statements, it was quickly granted. Funny that form doesn't appear anywhere in my STRs or my medical records but the VA has a copy of it... Sgt. Wilky

I'm resurrecting this because I just found out that this RA, being presumptive to SW Asia service, is priceless to my current claims and issues. My VSO had no idea that RA is presumptive to SW Asia service, so they advised against filing for it. I do have a IU/PT claim in the works, but I'm wondering if I should go ahead and push this issue too. I believe I would be at the 100% with my RA issues and all the stinking meds I'm on, including $1250 weekly injections of Enbrel. I no longer work and I'm twiddling my thumbs at 80%. This was an excellent post, and all of your responses have been extremely helpful. I sent the Cornell link to my VSO and told her I would like to pursue this to the end of the earth. Sgt. Wilky

As someone who has interstitial lung disease (and the doctors don't know how or where it came from), this is a step in the right direction. The VA denied my claim because there were no presumptives for this back in 2015. I wonder what this does for that now. Thanks for sharing. Sgt. Wilky

Some of these conditions are getting worse and I'm working with my VSO for increases. None of the increases would change my ratings, but the older I get the worse they're getting, especially the osteo conditions.

My code sheet came back and said that all disabilities are considered static...I'm assuming, that from a compensation point of view, this is acceptable?

I have been receiving help through this forum and the research that is available here. I understand people want to help too, and some of them have reached out to me. My VSO has been very helpful, along with members of this site and I am very grateful for all the help I have received. I'll keep everyone updated as we go along and pass on any help that I receive. Semper Fi, Sgt. Wilky

Sent them an email, waiting to hear back from them.

Semper Fi! I am approaching 41 years old. I don't know if RA and arthritis is considered static or not, but I'm getting worse, even with the 11 different medications I'm on. TDIU is a completely new issue for me to learn, and having been unemployed now for a year now, I will have the time to do my research. Thankfully my wife earns a good living and with my 80% we're doing okay. Sgt. Wilky

This does make sense and provides a bit of peace of mind. The VSO I think, is familiar with the claims process, not so much as with how the VA arrives at their conclusions. When the VA tried to remove service connection a couple years ago, I was the one that had to send the VSO the 10 year rule in regulations and asked her to include that in my appeal. It seemed to be a bit of a revelation to them on what that 10 year rule was, but the VA dropped the attempt to remove service connection.