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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021

Ethan'sGrandma

First Class Petty Officer
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Everything posted by Ethan'sGrandma

  1. lp56, Your post does not make clear what kind of timeframe you were given for appeal, but you do mention a 60 day time for form 9, so I'm surmising that's what you were given? Whatever is the time limit, please make sure you do not miss it. Otherwise, the VA can turn around and deny you so quick if you miss their deadline, even if their error. It happened to me, so would hate to see it happen to someone else. I sent in my form 9 in time, overnight expressed it, actually, signed for at VARO, but I received a notice of claim closed due to no response. It was a good thing I had my copy of rec
  2. Can someone please help me decipher what a section in CFR 38 (4.16) refers to in a more clear sense than what I am reading? In 4.16 section, it states: "...It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgement of the rating agency such service-connected disabilites render the veteran unemployable..." This entire TDIU opinion by a doc has complicated my claim and VARO lo
  3. My thought on this is that I made the error of waiting to submit new claims while waiting on a claim that was on the denial roller coaster for the same thought...it seemed logical to wait to not mess with the claim already submitted. When I realized that it was becoming as a game (denial ride), I finally submitted my newer claims because the effective date would be getting longer and longer if the roller coaster continued. I was finally granted the original claim with its original effective date, but the newer claims which I am told have also been granted were not part of the original, so the
  4. Thank you all for the responses. Now, I have new question that I hope someone can help with. I gathered my info., employment history, etc., and submitted to VA with the TDIU form. This past week I received a VCAA notice that appears to include the TDIU as a "new" claim, along with other pending claims that had been in the system which appear to just now starting to be developed. The TDIU was deferred in their decision which seemed to be awaiting further development, so I'm not understanding why it's being listed as "new." In the past, the VA has separated my claims, so I'm lost as to why they
  5. Thank you very much, Bertha. The vet only has sc conditions, so hopefully, the SSDI info. will help...
  6. Would like to ask for some help in understanding TDIU evaluations, please. If a vet does not meet the % requirements for TDIU, is it necessary to submit a request for a higher rating, also, or does the TDIU application presume that? Does the VA look at evidence for a higher rating before making any decisions for TDIU? I am aware that VA and SSA do not have to follow each other's decisions, but if the vet was awarded SSDI based solely on VA and military medical records, the vocational aspects, and the judge's decision that the vet is not able to obtain or maintain gainful employment according t
  7. Since the VA is taking an inordinate amount of time to decide some claims due to the backlog and other reasons, depending on how long since your husband worked, if it were me I would not delay with SSDI. With SSA's requirements for last quarters worked, it is important to not let that lapse. Although it's been quite some time since I worked, I doubt it's changed any since then...20 out of the last 40 quarters aka 5 out of the last 10 years of employment have to be met for SSDI purposes. It is very important that the agency's requirement for that be part of his decision to apply because there a
  8. My husband received a notice to reduce for the same reason once...no 21-2140 returned. Yet, that form had never been received by him. He copied one off the internet, completed, and faxed it to the VA and DAV (POA), to ensure VA receiving. Soon after, he received VA letter stating rating would continue. From that experience, we learned that the form is not always received by the vet, nor has he ever received another one to complete, but to avoid future issues, on his anniversary month he completes the form and sends it in. It is my understanding that VA was not necessarily sending out the form
  9. deanbrt, Are they allowing online ordering of meds now? I use the meds by mail program, but the prescriptions are submitted by mail, unless the online is a newer system that I'm not aware of. I've been using both (Medicare & Champva) for years and have never had a problem in claims being paid.
  10. That is great news that your friend has been rated!! It is great that you pointed him in the right direction!! It is so true that some do not know about claims, some of us not even having known about the VA, or that we had access to it when we found out they existed. Gosh, I know I did not know when I left service. Later, when I did know, I was not aware that I was able to access VA medical services. Lucky for me, when I lost my health insurance and accompanying someone to the VA, I saw a posting on the bulletin board...the rest is history for me. After going there for several years, I still d
  11. Perhaps others will respond with more information, but can you give more info., so the info. is more complete in order to respond? Was your father service connected? Did he die from service connection disability? Was he rated and, if so, was he rated 100% total and for how long, if so? Was your mom's bank account held jointly with your father's...is that why they took back the funds? What type of survivor benefit did she apply for...dic or pension? Does she have a vet advocate helping her? I am very sorry for your loss and very sorry that this situation now further presents itself. Unfortunate
  12. Wish you the best and the best with your claim!!
  13. Moody, Please hang in there!! You've waited this long, so why withdraw the claim now? I felt the same way many times, just wanting to be done with the claim and the VA, but decided I was not going to give in to those feelings. Finally, it did get to a resolution. Do you have an advocate working with you? In my claim, I did make use of and got the POA rep. to give me more info. than what I was able to obtain directly. Good luck!!
  14. Does the department offer any type of sick benefits, or do you have any sick leave? Do they offer a disability pension? I know that not all agencies do, but we're not always aware of what could be available. When I became unable to do my job, I was able to go on sick leave for my remaining leave, then went on leave without pay for some time, pending a disability retirement. It is difficult due to finances, but if you feel like you will be losing your job, I hope that you can research whatever may be available through them, also. Meanwhile, some in-depth treatment would be very helpful in getti
  15. My information for SSDI purposes are from 2000 with medical evidence as far back as 1996 and VA got it from SSA recently. So, yes, it sounds like somebody was not totally honest about those records, but they are in storage. However, from that long ago, many are not on cd (mine are not), but actual paper copies, so that poses a problem to getting them ourselves, or even to view at local office. I attempted to get mine because I wanted to see what the VA got from them, but because it's not for a claim for benefits through their agency (SSA), I had to pay what could be quite a fee (told it could
  16. rpowell01, If it were me, I would look on the site on occassion, just in case they've requested an exam and (forget?) to advice you. For me, the date showed up under the exam area that you looked on, then, about a couple of weeks later, I was called (letter never came) by the local VAMC for a C&P. After that one exam, the file did not show up as returned to VARO, but ebenefits still had the exam request noted. Then, about another month went by and I received a letter for a next exam. After the second exam, I noticed on ebenefits the file returned to VARO about a week after the exam. A
  17. Thank you very much to you both!! Tbird, I so agree...a great community!!
  18. Thank you westcoastlv for your response. That's what I'm afraid of...that they will play around with the EED if they approve TDIU because the original application didn't include it, but I found several court cases that may go against that attempt. I made it over to SSA today for a print out of work history, so that will give me enough to jog my memory for the required employment questions on the form. Again, thank you so much and I hope great success for your spouse with his TDIU claim.
  19. Hello to All, Today I received the award letter...70% rating and TDIU deferred. There is very little information in the letter as to what they need from me. I know that they need the TDIU form from info. gathered from here and other researching, but it was not included, nor mentioned. There are two sections where the IU is noted in the letter. Under "What We Decided," it states: "we have deferred a decision on the following issue because we need additional information or evidence: Individual unemployability" Under "REASONS FOR DECISION," there are two sections: "1. Service connection
  20. Finally...after close to two months since decision was made, I received the letter today that confirmed what the POA rep had noted to me...the rating and TDIU deferred. Now, I'll have to work on the TDIU paperwork, see if I can get any more words of wisdom on here, but I'm confident I can do this!! Thank you all for the congrats!!
  21. Thank you all so much for all the helpful information. I don't know if any will apply in my case, but I've been researching info. on this and at least two cases seem similar...Norris v. West and Roberson v. Principi. I can't wait until I see the "official" version, hopefully this coming week, to determine how exactly VA has worded the decision.
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