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Gastone
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Posts posted by Gastone
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CJ, IU is based strictly on your VA SC Disability or Disabilities that make you Individually Unemployable, your age has nothing to do with the Claim. However, evidence that you've had any Earned Income over the past 12 months in excess of the $12,440 or $11,440 (Vets over 65) could cause a Rater to determine your capable of some sort of Sedentary Employment, which would result in a Denial of IU.
SSDI Award Criteria and VA IU Rating Criteria are very different. Receiving SSDI doe not guarantee an IU Award.
You might want to give consideration as to filing an Application on your E-Ben site for VA Vocational Rehabilitation. Quite possibly at the 1st meeting with the VRC, you'll be determined to be ineligible for the Voc Rehab Program due solely to your VA SC Conditions. You could receive a VR Program Denial Letter from your VRC which would be the Evidence necessary to put the possibility of sedentary work to rest. Worked for me and a number of other Nam Vets I know.
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A, not sure of the A & A Award but you should certainly expect the Rater to immediately issue a VA Fiduciary Appointment. As long as your wife meets the VA Fiduciary Appointment requirements, she should be able to continue.
However, if your VA Comp Direct Deposit Bank/Credit Union account is held Jointly and is you and your Wife's only Bank Account, you might consider opening a 2nd Account in your Wifes Name only; with you listed as her POA and Bennifishery. If the VA, for whatever reason doesn't agree with your Wife being your Offical Fiduciary, the Comp Direct Deposit Account will go into Lock Down and only be accessible by the Appointed Fiduciary, definitely not good.
You can expect a visit by a VA Fiduciary Appointment Social Worker, probably sooner rather than later; regardless of the A & A Award/Denial Status.
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Yes, as well as any other current SC Condition. Reductions are always possible, even with an SC that was Awarded Total and Permanent Status until the SC hits the 20 yr Status Lock.
With an Intent to Reduce Letter, you only have 60 Days to Appeal.
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R-1954, TBI's unless Severe Scaring or Dents, is currently Rated for directly associated MH and Physical Residuals currently DX'd , what exactly did yourTBI Award Letter assign the 40% SC too?
Any chance of posting a redacted copy of the C & P TBI DBQ and Award letter, could be very informative?
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Mike, go to your MHV Secure Message, request your VA Urologist complete an ED DBQ, follow up with an in-person walk-in. Ask to speak with the Dr.'s Nurse regarding the completion of the ED DBQ. The VA Dr is required to complete the DBQ when you Request it. He is then required to give you a copy and to fax a Copy to your RO Rating Dept.
If you haven't already done so, at the very least start the ED Secondary SMC K Claim on your E-Ben Site TODAY, just don't hit the Submit Button yet. Attach a copy of the ED DBQ, then hit the Submit Button.
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The 2018 AO BW Ship List, specifies Dates personnel listed in respective Ship's Log had possible "Boots on Ground" in Nam, Landing Craft, Shore Leave etc.
As I recall, Jarhead REMF's stationed Camp Hanson, Okinawa would volunteer to do a 1 or 2-week work party at the 1st Mar Div HQ Danang, filling sandbags. That (1) week filling bags at the relatively safe Div HQ got them their Nam Service Medal and unbeknownst at the time, the "Boots" for the AO Presumptive. A few of them probably filed for PTSD (2013 or 14) after the Rules changed and added "Fear Of."
I haven't been able to find any AO Concentration data regarding AO disbursement within the 12 Mile Territorial Waters of Nam. Did time between operations along the coast aboard the USS Okinawa. As I recall, showers were all Salt Water except for periodic Desalinated Water Hours. If I were a Squid and the "AO BW" with Boots didn't apply, I go for a Direct AO Exposure from Daily Showers and Drinking of the Desalinated Sea Water.
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Went DIY, OJT.
The VRC Program 09/2012 Denial Letter Sealed The Deal at my 06/2014 IU DRO Informal Hearing. I used a VSO DRO Specialist (Retired RO DRO) to accompany me to the 30 min Informal Hearing. Met with him for 10+ min preceding the 9 am Hearing, walked out 35 min later, all issues from a 2010 NOD and the 2012 IU NOD Awarded. The DRO specifically addressed the importance of the VRC Denial Letter.
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I didn't see anything relating specifically to SA Appeals, did you? This was from 2014, is there an update specifically addressing successful OSA appeals?
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Be sure your Direct Deposit Bank/Credit Union account is set up to Real-time Txt and Email you regarding ALL Financial Transactions. A Deferred Retro Deposit will hit well in advance of the actual Decision Letter.
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You just got the 70% PTSD Bump, was there anything in the Award Letter stating "Inferred IU/Individual Unemployability Claim?" Probably not, your C-File "EOR" Evidence of Record indicates your working.
I agree with Bronc, any addictions associated with your PTSD, regardless of being listed on the DBQ; are not inline for a Secondary SC connection. However, filing a NOD (2) months before the (12 Month Deadline) requesting an Official DRO HEARING would give you anywhere from 2 to 4 years for something to change in your favor. At any point during the next 5 years, you may actually become IU and need to File the IU Claim, which might be initially Denied.
Having a DRO Hearing already in the works could work for you, as it did for me in 2014. I opted for an "Informal Hearing." The DRO Addressed my 2010 Hearing that was on-deck, then also addressed my 10/2012 IU NOD DRO Hearing Request. My IU DRO only took what, 18 months as compared to the 4.25 yrs for the original DRO Hearing.
Consider the VA Vocational Rehabilitation Program, it should be listed on one of the last pages of your Award letter. Excellent evidence (VRC Denial Letter) for an IU AWARD or even the possibility of finding an Employment in a field that you could tolerate.
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His Appeal is at the BVA, right?
How do you believe, "manifested to a compensable degree within the applicable time limits under3.307" relates to your husband's appealed issues?
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I was familiar with the 2011 report but couldn't recall the particulars. I think it referenced, and still does, those ships operating within Vietnam Territorial Waters (12 Nautical miles), from low tide shore.
I was looking for the scientific Data regarding AO disbursement from runoff & Rivers.
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Was "Blue Water" addressed in the 2017 IOM AO Study, Final Report?
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25U, a 30% PTSD Rating is doubtful to get you an IU Award. How about listing your respective SC's that make up your 90% CSC?
It appears that you believe you are eligible for CRSC, why wouldn't you file the Claim?
Strictly my opinion, but I'd say an IU Claim based primarily on a 30% PTSD Rating is doomed for a Denial, followed by a protracted Appeal period (2 - 3 years). What Medical Evidence do you have that would support your current inability to do any sort of Sedentary work that would provide "Earned Income" in excess of the VA 2016 SGI of $12,440 per year? We really need to see a list of your other SC's and their respective percentage Ratings. Any 50, 60 or 70%'s lurking in the weeds?
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M, I never had an SA (Awarded 2010) C & P until my 2016 SA Increase Claim, from 50% to 100%. Then the VA PCP conducting the C & P (05/16) told me I was maxed out at 50% and wasting both our times with the Claim for Increase. The Rater Agreed with his negative DBQ/Med Opinion and Denied me 2 months later.
Approximately 4 months later, just as I was preparing my NOD (01/2017), I was notified via E-Ben that I was no longer IU T & P, I'd received the 100% Increase for the SA (mid 12/16) by a Sr VA Rater due to an 11/16 Quality Review of the 07/16 Denial. The IU Rating was now moot, and my additional SC's qualified for the SMC S Award. That Sr Rater is now on my Christmas Card List.
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M, cut me some slack with future posts, about every 5 or so lines throw in a DBL Space; makes it much easier to read for us Old Dogs. Secondary SA Claims can be very difficult.
Sooooooooo, you're looking to link your SA DX as a Secondary SC condition to your Recently SC'd PTSD. You've been out of the Crotch for 15+ years, what are the respective DX dates of both the PTSD & SA. What type of SA, OSA, Central SA or Mixed SA?
All SA medical literature list about 12? common symptoms found in SA DX Patients. How do you measure up in regards to the following? BMI in Excess of 27%, 17inch + neck, Large stomach, large tongue, Male and over 55.
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Which BVA Judge, the Appeal Review Judge (actually a Law Clerk) for the Final Decision BVA Sr. Judge. There's always a possibility of a Reman, have you considered that?
I think I asked you previously, what's his Docket Number? At the very least, when was his BVA Appeal Certified and transferred to the BVA for Docketing?
Trying to pinpoint any type of Reg RO decision or Final BVA Decision is, for the most part, a waste of your time.
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Bronc, Early Bird, get's the worm.
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SMRs, Private Dr/Hospital records and VMC Tests and Treatment Notes that were in your C-File prior to the Award/Denial Decision Date are considered Evidence of Record "EOR."
Sending copies of any VA "EOR" is not considered submission of N & M Evidence.
Post a redacted copy of your Denial Letter, including the Raters discussion for Denial and Evidence Reviewed. Ask your POA-VSO to check your C-File for your SMR Evidence, then you'll know.
File a VA FOIA request for your C-File and another for all your SMRs. You need to know what the VA has Record wise.
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There should never be a 30%+SC Vet without a Computer, unless he decides not to have a computer. Think VR/IL Program.
Trust but VERIFY, everything a POA VSO-Rep, a VA Claims Agent or VA Lawyer does/SIGNS on your behalf.
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I stand corrected again, hurts my feelings. 2015 M21-1 Part III clearly states that if the Vet includes with his "ORfR" the required New and Material Evidence, or indicates the location for said N & M Evidence, not EOR, a subsequent Denial of the "ORfR" will result in a NEW NOD Filing 12 month period.
Failure to supply the N & M E will result in an Administrative Denial and will not toll the NOD Filing Clock associated with the original Decision issues.
The Question is, did you supply N & M E with your "OEfR" or was it EOR pre-Decision?
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As a Squid :-), you may have an initial reluctance to contact the Marine Corps League regarding VSO-POA Representation. You don't have to be a Jar Head and they've served me well since 2013 after I broomed my VVFW Rep (2 man office at RO).
You just have to do your initial Due Diligence in Vetting their local VARO HQ office. Mine has 2 Clerical, an MFIC and a couple Reps plus a Retired RO Sr DRO that only works on DRO Hearing Days. Prompt return of calls, emails, and faxes are the Norm, rather than the exception.
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John, have you seen a Non-VA Sleep Specialist, preferably a Board Certified Neurologist that Specializes in Adult/Pediatric Sleep Medicine?
Clinician Treatment notes from your first Appointment (Less than $200.00 without Med Ins) discussing the possibility of your DMII being a significant contributing factor to your Post-DMII SA (OSA, CSA or MSA?) could Seal the Deal.
You're 100% already, how long? Do you have or are you thinking about an SMC S? Any chance for a reduction? What are your respective SC's that contribute to the 100% CSC or is it an IU Award? A breakdown, please?
Being a Nam Vet, you've probably gained a pound or 2. Most Dr's look at age (North of 55), being Male, a BMI of 27%++, Neck size of 17in ++, large Tongue and Stomach as being significant symptomology factors contributing to OSA development. A DMII SC rating of 20% would generally be viewed as "less Likely" rather than "as likely as Not" in a Vet that had all of the above-referenced causative symptoms.
TDIU EFFECTIVE DATE
in TDIU Unemployability Claims
Posted
Can you post a redacted copy of 1986 related Award/Denial Letter? What did the VA miss regarding the EED that you're CUEing?