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acesup last won the day on April 20 2019

acesup had the most liked content!

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About acesup

  • Rank
    E-5 Petty Officer 2nd Class

Previous Fields

  • Service Connected Disability
  • Branch of Service
    Air Force
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  1. I'm confused on several details. There are a lot of questions that would need to be answered in the veteran's favor to win such a claim as this. Was the veteran only in the military for 90 days? Was he "boots on ground" in Vietnam, or simply in during the "Vietnam Era"? Also, did he disclose the knee surgery and the medical history prior to/upon entry? Was there a specific incident that caused aggravation of his surgical knee? If so, is it documented in his STR? Any lay evidence, "buddy letters", etc. to support it? And, very important to a claim from about 50 years ago
  2. The reason I made the statement about being unable to perform any occupation is because if you are evaluated as meeting the 100% mental health criteria, you have TOTAL occupational and social impairment. If that isn't the case, then somebody goofed in your favor, but I'd think if you get a doctor to say that you're now able to function in school, you might be able to get VR&E to give you a shot. They probably can't even consider putting you in a program unless you do have medical evidence that your condition has changed to make employment possible. However, at the end of the day, nothi
  3. It may be a challenge to get a VR&E counselor to sign on to your plan. The reason is that since you are rated at 100% for your condition, the medical professional(s) and VBA folks involved in rating your claim have said that your bipolar disorder is so severe that you are prevented from getting/keeping Significant Gainful Employment. I'm not trying to rain on your parade, just warning you not to be surprised if you encounter resistance. Have you talked with your treating psych doctor and/or your support group about this plan? If not, there's a good chance that VR&E can't sign o
  4. For the most part, the general medical exam would be to see if there is anything else causing your claimed disability. The rationale opinion would either explain and support a nexus, or attempt to rule it out. If it states "as likely as not", or "more likely than not", or "is due to" an injury while on active duty, you've got a nexus. If it states "not likely" or "is not due to", you've got a problem. Best of luck in getting the rating you deserve.
  5. This is exactly why so many people suggest that when you've been granted a pretty fair rating, you should think twice before "poking the bear". Any time you claim something as secondary to a Service Connected disability, you can expect a re-examination of that issue. You can challenge the proposed reduction. To succeed in avoiding a reduction, though, you'll need medical evidence that your current rating is the correct one. Check out the rating schedule to see if your level of disability meets the 100% requirements. If you're confident that it does, you'll need an examination and op
  6. I don't know what planet those people you're talking with are from, but if they believe what they're saying, I would run, not walk, away from them. As broncovet reaffirmed, a claim for TDIU means you WILL be evaluated as if you asked for an increase in your 70% rating. As a matter of fact, depending on your records and the C&P exam, you could even achieve 100% schedular, if the evidence says your condition meets the criteria for that rating. On the other hand, you have to realize that your level of disability from the mental health issue is going to be reevaluated, so you definitely wan
  7. How does that rep think the VA could evaluate you for unemployability without evaluating what makes you unemployable? Your "county rep" must have never done this before, or maybe you've misunderstood something he/she said. A claim for TDIU is treated as a claim for an increase in the condition that reportedly causes the TDIU. So, by stating that your mental health disability causes your unemployability, there's a 100% chance you trigger a C&P mental health exam. Is your condition such that you are you unemployed and unemployable solely due to your SC issues? If so, why are
  8. Congrats! As said above, the Chapter 35 reference would indicate that you are P&T. Your award letter and eBenefits letter should tell you that it is considered permanent. This will mean your wife and dependents will be qualified to sign up for CHAMPVA. You can also purchase reasonably-priced "VADIP" dental insurance for them if you wish. You won't get CHAMPVA, but you will, of course, have free VA health care for life. You will also get free VA dental treatment. There are also other federal benefits involved, and depending on where you live, you might get some pretty dece
  9. You probably should talk to and consider hiring a bankruptcy attorney. If you think you have problems now, believe me, you certainly don't want to do anything to get yourself in trouble with a bankruptcy judge. As far as your company using disability as a pretext to let you go, you should consider contacting the Equal Employment Opportunity Commission, or a disability attorney. What you're describing may very well be a violation of the Americans with Disabilities Act. If so, you may end up being majority owner of said company. I hope everything works out for you, don't let them sh
  10. The OP doesn't mention ongoing treatment. Are you seeing a mental health professional, whether private or VA, for your PTSD? What does this professional say about your condition, and if it is worsening? That opinion (and those records) will be important. If you're not getting treatment, you may want to start, regardless of any claim for increase.
  11. To satisfy the requirements of Medicare and my private insurance, my civilian doctor had to provide a "Certificate of Medical Necessity (CMN)". I think any doctor (and their staff) will know what a CMN is. I would also think any doctor who would "recommend" a C-PAP would supply a CMN if you ask for it. Good luck with your claim.
  12. After having TDIU and SMC (s) granted at BVA on August 7 of last year, It took 9 months and a day before I saw any change. Anyone expecting something to happen in 2 or 3 months after a BVA grant is very likely in for a big letdown. It MAY happen that soon, but odds are you're looking at 6 to 12 months, unless your case is flashed for hardship, old age, or an impending terminal health situation. I hope nobody has to wait that long, but there are some folks who have waited over a year. Not trying to rain on anyone's parade, but just don't let your expectations break you. Hang in the
  13. The fee is only withheld from the retro pay IF it is 20% or less, AND there's a signed (by veteran and attorney) "Fee Agreement" on file with the VA Office of General Counsel. If you signed an agreement to pay 33%, that's what you owe, and the VA won't get involved, unless they're made aware of a your disagreement with the fee. If you don't believe the fee is fair, you have to serve notice of that to the attorney, and then file a protest with the VA OGC telling them what you are challenging, and you must also supply evidence that you've notified the attorney of your disagreement with th
  14. Thanks for the replies! After fighting the VA for so long, I'm just tired of fighting. It's funny how the mind can sometimes settle things by nothing more than the passage of time. With that said, I think I'm just going to not send the draft letters I wrote complaining about this. I knew what I was signing when I inked that Fee Agreement, and there is nothing for me to be unhappy about. I think I'm learning how to relax, and I like it.
  15. Thanks, Berta. The RO sent a letter with excerpts from that regulation that you posted. In all fairness, since I did win, I expect they will say that no matter how I feel about the attorney, the bottom line is that I won. I'm not going to get too bent out of shape about it. All along, I did figure on the attorney getting 20%, and I knew it would be a lot of cash.
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