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Master Chief Petty Officer
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Vync last won the day on October 18

Vync had the most liked content!

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About Vync

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    E-9 Master Chief Petty Officer
  • Birthday October 15

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  • Military Rank
  • Location
    Ft.Living Room, AL
  • Interests
    Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music

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  • Service Connected Disability
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  1. I planned on calling 1-800 tomorrow to just check the status, but decided to call today. I told the agent that I called a week ago and the ETA was March 2019. He looked it up and confirmed what I I saw yesterday on va.gov "Evidence gathering, review, and decision". However, he indicated internally they break each of those statuses broken out separately despite va.gov showing them as a single status encompassing all three. He confirmed my claim was in "preparation for decision" and said it needed no new evidence and had already been reviewed. I don't know if he is 100% correct, but it sounds promising. I remember on old ebenefits that they used to break them out too. I bet they changed what is viewed publicly after getting a ton of calls from veterans asking why their claim was ready for decision and went back to gathering evidence. Wait and see...
  2. Something like that happened to me when I filed my DRO appeal six or so years ago. I was not expecting to get 100%, let alone 100% P&T. Many of the claims in the shotgun appeal were initially opened 2008, so they backdated the EED to then. The BBE letter indicated I got P&T because my conditions were not expected to improve.
  3. The claims I filed the two CUEs, against became final way back in 2000. I sent them in last month, so I'm solidly in the new system.
  4. My initial rating was 40% from 1995 to about 2008 when I discovered Hadit. If one or both of my CUEs are approved, the initial rating for those years should go up to 50% or 60%. 100% P&T is really worth it. My wife went to college and used it. My daughter is currently in college using it. CHAMPVA is a huge benefit for them too. Knowing that when I am not longer able to work, I don't have to rely solely on social security and my retirement.
  5. On your prior claim, you might have got an agent who knew what they were doing. This time you might have got gomer pyle. Sympathetic reading might not have anything to do with it. That's why I had a strange suspicion they will come back and tell you to come out and ask for it. You and I are in the same boat. After the heart attack, I decided to get up and go back to correct the wrongs. This way when I am gone, I can rest peacefully knowing that I did not let the VA get one over on me. It's about principle. Additionally, the increased ratings can help with the potential for SMC if/when things start going downhill.
  6. Because the worsening was noted two months ago, you are well within the 12 month window and could file for an increase. If it was SC bilaterally, the increase would contain a nice boost. Here are some other things to consider. On one hand, the VA has the duty to maximize your benefits, but on the other hand, they want to do as little as possible. If they really cared about protecting the interests of the Government, they would get claims right the first time because the appeals process wastes everyone's time and money. As info, that's the regulation governing increases. You are stuck in the famous grey area blended into the VA red tape. I speculate they come back saying you never specifically requested the increase, but can file one via supplemental claim. The HLR is supposed to only use evidence present in your records, nothing new. Proof you qualified for an increase is in there. They should have took it seriously. I had something interesting happen earlier this year when I filed a claim for heart attack secondary to long term NSAID use. During the C&P, the first question the doc asked was which med I thought might have contributed to the heart attack. I said I am not a doctor, but asked for them to explore all medications used to treat SC disabilities within the past year, including some migraine meds I took. The doc nodded. Claim got denied and no mention anywhere about other meds. Had another C&P for something else a couple of months later with the same doc. I brought up the fact that despite me asking them to consider other meds, it did not happen and was not noted. The doc told me that they must focus specifically on exactly what the VARO tells them to check, not what I bring up. I then thought about this and will be appealing the denial: I think it comes down to VA laziness for both of us.
  7. For an existing SC issue, to qualify for an increase, all you have to do is have proof. If the proof is within the past 12 months, the VA will take a look, verify, award the increase if it warrants a higher percentage. One thing to keep in mind is the VA does not automatically go back and award increases - you have to ask for them. If you qualified for an increase more than 12 months ago, they will not pay retro farther back than that. Because yours was found during a C&P, it might trigger the VA to determine if it warrants an increase. I would hope the VARO agent would proactively see if your rating could increase. If they don't, it might be worth requesting an increase anyway. For example, many of us have spine injuries. I had an MRI done years ago and one that was recent. The radiologist noted that my condition got worse. However, when I bounced his notes off of the spine rating criteria, it didn't warrant an increase because my ROM limitation did not meet the next higher percentage tier. I hope this helps.
  8. Current status as of yesterday and today, still estimated to be done around Nov 4, 2019. Will believe it when I see it.
  9. Yeah, but that's under the old system. Don't know how the new system works. It does seem that they are trying to turn around things faster...
  10. Did you use a VSO? If so, they might be able to take a look and see what is going on. Keep in mind the VA will sometimes combine disabilities together or give an analogous rating to make them more in line with what the rating schedule shows. GERD or acid reflux is a good example because they rate it under hiatal hernia. When they do this, they are supposed to come out and tell you. If you submitted the EDS claim online, there were some issues where some uploaded documentation got deleted. Always best to mail it return receipt so you can have proof of when it was received. If you filed it in the past, and it was not addressed in the rating decision, that claim can technically still be considered open. This sometimes happens when submitting a "shotgun claim", which is where you file for a lot of things at once. Have you called the VA 1-800 number and asked about your CUE claim? They should be able to double-check and give you some more information on it's status.
  11. The criteria for "incapacitating episodes" appears to generally be bed rest and treatment by a physician. There are a number of disabilities where incapacitating episodes are part of the rating criteria. Examples include arthritis, eye, sinusitis, respiratory, digestive, liver, eating disorders, etc... I posted a few of these below, but you can always search all the rating criteria yourself at this link: https://www.ecfr.gov/cgi-bin/text-idx?SID=9e535d8495e409025d1c7817db9e762c&mc=true&node=pt38.1.4&rgn=div5 The easiest way to prove this would be to use your medical records.
  12. That is kind of promising. Just keep in mind that the status you see may not be perfectly accurate. I hope you get some good news in the mail very soon. If you have a VSO, they might be able to dig deeper behind the veil and let you know more information.
  13. I completely understand. I used to hang out in the chat room when I had more time, but I work and can only post/respond during breaks. I hope you can get this claim turned around because the VA often makes stupid mistakes.
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