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VetsLady
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Posts posted by VetsLady
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Thank you for the Congrats !
No remanded issue(s). Service connection GRANTED ! Medrecs in the C-file are very up to date and condition will never get any better. Don't see rationale for a C&P exam as
medrecs clearly document severity of condition on their own. Criteria fits 100% for this condition alone.
Interestingly, was advised (not in the decision) but on the phone, that a claim was automatically opened for IHD in July........AO exposure and sc for AO related conditions were already
established previously and receiving benefits for them......the BVA appeal is a separate issue. His medrecs show HBP, heart disease, bundle branch blockage. etc....so who knows,
did someone who finally read the file in DC see this and open a claim ? Who knows....
Congrats on the BVA win!
Was there any remanded issues, or only the one for sc?
Also, did the BVA grant a percentage? If not, then you will probably have to undergo a C&P exam to determine the severity of the disability (in order to assign a percentage). Either way, you are now SC'd which is the "hard" part of the claim.
Again, a big congratulations coming your way!
Gardener
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Finally received notification that the BVA granted service connection for issue on appeal.
Now what ? Do they send the file back to the VARO for a rating ???
Long, long battle.....
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Thank you Berta....!
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Congratulations...!
Whenever I'm down and dreary, I look at this part of the web-site for pick me ups on the wins.....
We are still waiting, and waiting......
Very happy to see the wins...!!!!!
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What is Enhanced DIC and where can I find out information about it....?
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Congrats on the increase....!
What is the eBenefits site....? Where do I find it....?
Thank You,
VetsLady
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They finally ajudicated mine...a 2004 case, in 2010.
Try to do something to make your brain focus elsewhere for your own good. Maybe a good deed for someone else will help you forget while you wait. I put it away in my head as much as I could when I was in limbo, and after all the work was done, and as I never thought I would win, even though I had a good case - it helped me deal with the waiting.
Good luck ~
Thank you for your response. Oh I have plenty to keep my mind busy, that is for sure. This claim was filed in 2003 and with a docket date of 2005, they told me yesterday it won't be long because they are working on case from 2008.
I remember when you posted your grant....it was a great day!
Until we get a decision, we'll stay busy, still it's on the back of your mind. Like a dull toothache. So, every one in awile, I need a positive nudge....and I read the
successes here and it helps.
Thanks again!
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We have an appeal that was sent to AMC well over a year ago, it's back at BVA...docket date in 2005.
I called today to see what docket YEAR the VLJ's are currently working on.......the BVA told me they are on 2008 now.
Who really knows?
Patience is a virtue?
Yikes....I guess it's beginning not to be one of mine.
Just needing some support. Everyone here is so friendly, like a family.
Thanks.
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Congratulations Berta on the win.....fianally.
You give hope and inspiration to those of us who are still waiting.
VetsLady
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You must have sent an IRIS in. This is just notifying you that your question/inquiry was routed to the appropriate area where your claim is
being handled. I would refrain from calling, just because you always get a different answer and have no paper trail if you need one later.....
This response means neither. You should receive a response from IRIS in a few days on the status.....You would receive an award letter or a SSOC via US Mail.
Hope that helps....
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Posting my Congratulations to you as well!
That was a nice comment too.....thank you.
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Filed original claim at the Oakland RO in June 06. Denied twice. Claim sent to BVA on Jan 09. Have a doc date of Jan 08. They are working on second quarter of 06. Good luck...maybe I'll get a remand in the next 5 years...oops, I guess thats wishful thinking on my part.
Filed in Feb. '03, Travel board hearing 11/08....went to AMC, now back at BVA with strong positive evidence added that VSO didn't forward (we did).
Claim was docketed in '05 so......if you are correct, hopefully we won't have too long of a wait for a decision. Original VLJ is supposedly the same
one who will review the claim for decision, a big plus on our part.
How did you find out that BVA is working on 2nd Q of '06? Curious minds want to know. :D
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Norman Vincent Pealle wrote the book he had a Church in New York City and when I was a kid I would sometimes watch him and listen to him.
I used the serenity prayer to help me. At this stage you have done everything humanly possible and its is others hands for a decision.
I have been dealing with the VA since 1991 and in my experience I have not seen a bigger change. Even on Hadit the wins are raining down and mostly wins. We still see problems but it seems to me that your chances are very good for a decision that will be affirmative.
I believe in your claim and I pray that you get a clean win
Bless you for standing by your Veteran
Thanks Pete......
I appreciate the kind words from everyone.
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I hope it works out well for you. Someone wrote a book called The Power of Positive Thinking. I never read it, but believe wholeheartedly in what the title represents. Keep us posted on your progress.
I've heard that book title......the author escapes me at the moment. But, you have reminded me of something my husband and I used to do every morning
before we started our work day and that was a power talk with power words, such as "enthusiasm" and we'd choose a different word each week and really
work toward achieving the goal. Even though he is unable to do that now, I can. And, I can do it for him too. I'll just have to yell really, really loud.
Thanks for bringing my spirits up tonight. It's been a bumpy ride.
My Mom always told me "honey you can't change the past or predict the future but you can control today" - one day at a time.
I think my biggest fear is now that the claim is at BVA, if it gets denied, we're going up to the next level and I have no idea what to do then.
Here, I go again...I only have control over today x 100. It's going to sink in. It's the same advice I would give.
My thanks to you for throwing the ladder tongiht......
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Vetslady,
Here's a story for you.
carlie
Change Your Thinking
It will take just 37 seconds to read this and change your thinking.
Two men, both seriously ill, occupied the same hospital room.
One man was allowed to sit up in his bed for an hour each afternoon to help drain the fluid from his lungs...
His bed was next to the room's only window.
The other man had to spend all his time flat on his back..
The men talked for hours on end.
They spoke of their wives and families, their homes, their jobs, their involvement in the military service, where they had been on vacation..
Every afternoon, when the man in the bed by the window could sit up, he would pass the time by describing to his roommate all the things he could see outside the window.
The man in the other bed began to live for those one hour periods where his world would be broadened and enlivened by all the activity and color of the world outside.
The window overlooked a park with a lovely lake.
Ducks and swans played on the water while children sailed their model boats. Young lovers walked arm in arm amidst flowers of every color and a fine view of the city skyline could be seen in the distance.
As the man by the window described all this in exquisite details, the man on the other side of the room would close his eyes and imagine this picturesque scene.
One warm afternoon, the man by the window described a parade passing by.
Although the other man could not hear the band - he could see it in his mind's eye as the gentleman by the window portrayed it with descriptive words.
Days, weeks and months passed.
One morning, the day nurse arrived to bring water for their baths only to find the lifeless body of the man by the window, who had died peacefully in his sleep.
She was saddened and called the hospital attendants to take the body away.
As soon as it seemed appropriate, the other man asked if he could be moved next to the window. The nurse was happy to make the switch, and after making sure he was comfortable, she left him alone.
Slowly, painfully, he propped himself up on one elbow to take his first look at the real world outside.
He strained to slowly turn to look out the window besides the bed.
It faced a blank wall.
The man asked the nurse what could have compelled his deceased roommate who had described such wonderful things outside this window.
The nurse responded that the man was blind and could not even see the wall.
She said, 'Perhaps he just wanted to encourage you.'
Epilogue:
There is tremendous happiness in making others happy, despite our own situations.
Shared grief is half the sorrow, but happiness when shared, is doubled.
If you want to feel rich, just count all the things you have that money can't buy.
'Today is a gift, that is why it is called The Present.'
Carlie....
You are a sweetie. I've read this story before but have nto thought of it in years....thank you for the reminder. It does get lonely caring for a spouse with disabilities that will only eventually worsen, some sooner than others. Being reminded of this story helps remind me to see the glass 1/2 full, to listen for the morning birds song and to enjoy sitting with 2 snuggly little dogs on my lap and the joy they return to me for just loving them.
You are right. Thank you. I needed this tonight.
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I've been feeling the major stress again of waiting. AMC sent the file back to the BVA for decision and anxiety has taken hold.
Fortunately, we are back in line at the original docket date and from what I've been advised, the same VLJ will review the file
for decision.
Trying to figure out a way to feel better, and in reading all of the success stories has helped which = success for not having to go to bed tonight
feeling lower than a snakes belly in a wagon wheel rut.
Thank you's to all who shared...
I hope that we can post a VA success soon also. It's been way too long....8 years too long.
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Vync,
Thanks for the help on the math, you have it right.
He is single for now.
I am doing the happy dance and it's not even my cash !
carlie
Victory for one is a victory for all.....you have it together Carlie! Really great you have helped your friend and so many others.
Dance!!!!
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A decision......................................................long overdue.
Hallelujah......it's about time. Let's hope this decision will set a precedence where indicated.
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Good to read a Veteran finally got what was due to them. Happy to know you are 1 more Vet who will be ok. Stay well. A good bed and a roof over your
head with a full belly is a great feeling to have.
Congrats on getting what is due to you. Finally. You waited long enough and sounds like you've been through alot.
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It should also be noted that I never received a proposed letter to reduce my rating decision. The only letter I've received is the initial rating decision. Keep in mind that it took almost 9 years to received that initial rating decision. The VA rated me at 100% in this initial decision from 2001 until 2004. Then in this initial rating decision, the VA reduced the rating to 70% from 2004 until present. The date of the reduction coincides with a single visit I made with a VA doctor in March 2004. The doctor diagnosed me with Adjustment Disorder. Apparently, the disability was not mentioned in this doctor's notes, so the VA probably used this visit to reduce the rating. This was a quick 30 minute (if that) visit to the VA. There is nothing in the rating decision to say specifically why they reduced the rating. I am left to assume that the doctor did not mention the service connected condition in his records, so the VA took it upon themselves to assume the condition had improved. I've appealed the rating reduction, hoping to get it back up to 100% based on the fact that SSDI has been awarded for this same s/c condition since 2002. I've also applied for TDIU based on the same evidence. I'm hoping that the SSDI evidence is enough to retroactively reinstate the 100% rating.
Your message makes sense.....I'm following you. I think you are headed down the right path to getting what you are due. I'm not a SO, so not sure if you didn't NOD the reduction (as Berta mentioned). It does seem like something happened with the VA doc in March 04, Do you have a copy of your claim file? If not, don't ask for it now, you'll only slow the process wayyyyy down, but if you waited 9 years (this is an outrage) then maybe it's worth the time to get a copy of the claim file. If you were seeing a provider before the 3/08 VA exam, or even seeing the same one now, which would be a big plus, I'd get an IMO letter, their medical records on file for you and in the very least, if it's a private doctor, then you might want to get them asap as most states, not sure where you are located, only require doctors to keep patient files for a certain amount of years.
Thanks for the info on the SSDI/TDIU by the way....
Seems to me they are required to tell you what evidence they used to make a decision and why they made the decision they did. If you can sanitize the decision.....make a copy and then black out the sensitive items and then make another copy, scan it in and post it here, I'm certain there is someone on here that can offer up a thought.
Nine years? That is horrible. And, here we are now into year 8 and I thought that was bad.
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here's the deal with social security and the va ....38 cfr 3.201...exchange of information with the ssa...there is a presuption that when one applies for ssdi, one applies for all current disabilities....regardless of whether or not you are already SC'd for a particular disability with the VA....then when the VA examines the ssa records....they notice that you didn't include in your application for benefits the SC condition...so therefore the SC condition is not as disabling as you you are claiming it is otherwise you would have listed it...its va logic, but in a way it makes sense because proof of an already accepted disabling condition can help prove either your ssdi claim or your claim for VA comp...
so for the record...in the future, anyone applying for ssdi should include their already rated VA comp conditions....because when you then later apply for an increase...the VA will conclude that the SC condition is not so severe as to rate an increase because you didn't list it as one of your disabling conditions when applying for ssdi...
you may....and many often do, receive both ssdi and va comp for the same condition...and are therefore intertwined...
its always a good idea when you are applying for ssdi, to list all of your disabling conditions because you may not be considerd disabled merely due to a particular condition...but when conditions A,B, and C are considered....that presents an entirely different picture and may prove that when conditions A,B and C are considered relatively and in conjunction with each other that you are actually disabled....
just my 'umble opinion...but it certainly seems logical....
"All that is necessary for the triumph of evil... is that good men do nothing." (Edmund Burke)
We did list ALL of his disabilities when we filed for SSDI, but....his VA claim had yet to be decided. Anything claimed on the SSDI app would have been disabling enough to warrant him to never be able to work again, but since he wasn't sc "yet" when the app went in, the SSA took the obvious disability, the one that occurred closest to the last day he was able to drag his bum into work, and granted SSDI from the gate. We await a decision on the VA claim still, it's at the BVA now. Everything done, just waiting it to land on the VLJ's desk for a decision. SSDI was awarded in mid '06, partial sc in 4/08 and the balance of the claim in DC.
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VA Compensation is a different thing than SSDI. VA Comp is payable when you are injured, acquire a disease, etc while in-service. SSDI is granted when you are not able to work due to an illness/injury....not necessarily or required to be service-connected. But, I do know that in a case of TDIU and I know you have to be sc for the
same condition as you claim on SSDI. I would think you would be better off with a 100% P/T rating than a TDIU rating....the VA had you at 100% - why did they change it?
I would go to the VA and find out why they dropped you from 100% to 70%.....and, is there a gap of time there as you said in your post they retro paid you from
2001-2004 but you were on granted SSDI in 2003 and were getting SSDI from 2002 until the present....maybe it's just a typo?
Some of the more knowledgable folks here will hopefully come along and post.....I'm interested as well, we have a claim in from 2002, part of it was granted in 2008,
the other part is at BVA awaiting a decision. SSDI was granted in 2006 for a condition that has nothing to do with the VA claim but the conditions claimed with
SSA were also on the claim with VA.....SS just abritrarily chose the event that was closest to the last date employed and able to work.
I'll be watching this thread for answers and ideas...
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YUP! I'll sound off. Why the heck doesn't your VSO converse with his Washington DC office on your behalf (probably never has called the BIG OFFICE IN THE SKY and is afraid to........................).
Tell him "no" I'd really rather that you do it. Then sit there until he does. :)
I'm hearing you on this one Larry loud and clear. It's the VSO's responsibility to do this on behalf of the Veteran, yet they seldom do....
they got their $ with the POA and some are good and some aren't. It's a crap shot at best. I'd say try this route (thru the VSO) first
and when (and if) that doesn't succeed, do your own thing....be sure to have your claim number and name on every scrap of paper and please send
it certified mail/return receipt.
When your talking Hardship request, I'd rather not have wait for someone else to pass the ball. Unless, I'm sitting there at their desk, watching them FAX it and they give me written confirmation. Why wait for someone else to maybe do it?
I'd rather do it myself and know it was done than to wait for some yo-ho VSO to do something on behalf of me this important. It should go through your VSO first....
why don't your write it and take it to their office, mail it CM/RR or send it to both...? We sent docs to our VSO 2 years ago and they weren't in the file at the hearing....
why? Because our VSO didn't submit them....lucky for us I brought a copy along to the hearing.
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Anyone out there know or, have some idea what docket date the BVA is currently working on or, even better.....where to find out? Hmmmm....maybe an IRIS inquiry would work. Can't hurt to try.
Thank you.
Bva Granted Sc - Finally.....!
in Success Stories
Posted
Thanks for the responses......YES, it's been a very long and arduous battle. 8 years worth.
SSD was granted over 2 years ago on the 1st application in.....there were 4 disabling factors but SSA only needs 1 for a determination. The issue that was on appeal with the VA
was listed but the SSA used another, they just chose it rather than the other 3 even tho the other 3 were just as disabling. All the medrecs that were given to SSA were also sent to
the VA except the VA has much more up to date medrecs. At any rate, a TDIU claim was filed a couple years ago and denied because even the issue on appeal was not what the
SSA used for their decision. Would rather work towards 100% P&T than re-open the TDIU claim.
If I understand you correctly, if the Judge didn't state a % in the decision, then the VARO is going to do the rating ? Regional Office review was waived - would that not allow the
BVA to actually do a rating ?
Big relief on receiving the sc ...... as you said Gardner, that is the "hard part" .....