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First Class Petty Officer
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About TLaff

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    E-5 Petty Officer 2nd Class

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. I had my video hearing with Law Judge and its been with the judge now for two months then today it says on Ebenefits the following: Administrative Case Processing Your appeal is at the Board. While preparing to decide your appeal, various administrative actions may be required, and your appeal may fall into this category more than once. Your appeal will proceed towards decision upon completion of any of the administrative tasks required. Any Idea What This Means?
  2. If your rated TDIU 100% no further exams and claims that are in appeal get finished and then makes you 100% Scheduler what happens to your TDIU?? Will you still have the status of no more exams? if a condition gets better does it resort back to TDIU automatically if none of your TDIU conditions get better? Can anyone explain this? Also When are people that are TDIU suppose to receive the annual form to fill out??
  3. I had my Video hearing July 6, 2017 and was awaiting Judges decision and then got this in the mail but nothing about the judges decision, any idea what this below means??? I thought i would get a letter from the Judge on what his decisions were??? (The Board of Veteran's Appeals (Board) has formally placed your appeal on the Board's docket. The Board's database reflects that you have appointed a Veteran's Service Organization to represent you. As such' your representative has requested to review your file and prepare a written argument on your behalf prior to the Board making a determination. The Board cannot consider your appeal until this review is completed. Depending on several factors, including the docket number assigned to your appeal (generally based upon the date you filed your Form 9), the amount of time spent by your representative in review of your appeal, as well as the complexity of legal or medical questions raised by the record, it may take more or less time for the Board to issue a decision in your case.)
  4. Yes i was and am 90% when i filed and have not worked since Nov, Dec 2014
  5. Dont want to bust your bubble but the VA totally ignored Dr. Bash's IMO with all my claims as if they just threw it in the trash. Maybe you will get better understanding rater than I but even with NOD's and DRO Review they all ignored his IMO.
  6. Filed for TDIU was denied however VA sent me for C&P exams for Cervical, Lumbar, Migraines and Mental Health, I was told even though my my cervical, lumbar and Migraines should all be increased (will show below C&P exam statements) the examiner will NOT use those contentions on making his decision because they are all 3 in an appeal status (dated 2013 still waiting on appeal) so it screws me out of TDIU. Question?? Even though those 3 are in appeal shouldn't he of raised the ratings according to the C&P exam results immediately? or does that too have to wait for the appeal to go through?? If these increases are given to me i would be at 100% scheduler. Was rated at 30% cervical due to ROM's this recent C&P exam states (Unfavorable Ankylosis of the entire cervical spine, that should go to 40%) Was rated at 40% Lumbar Thoracic do to ROM's this recent C&P exam states (Favorable Ankylosis of the entire thoracolumbar spine, that should go to 50%) Was rated at 30% for Headaches including Migraines and this new C&P exam states (YES to having very prostrating and prolonged attacks of migraines/non-migraine pain of severe economic inadaptability this should be rated at 50%) Need Advice Please! T
  7. Have two appeals in 2012, 2013, had just been denied TDIU in which people at DAV believe was wrong. However after i received the denial for TDIU one week latter i received a letter from VA requesting all medical records and hospital records for all of 2015 to present so instead of hoping the Dr and hospital would send i went and got my self and added a few pieces of past evidence the VA already has but i believe they overlooked. Also sent in a copy of the recent C&P exams i had from the request of TDIU which flat out in VA terms state under Migraines that i could not do sedentary work and under MH said i could not do sedentary work and under Cervical it stated i could not do sedentary work and also under Lumbar it stated i could not do sedentary work. I should of been increased to 50% migraines, and Radicalopathy but they just ignored and did not state them in the denial letter but they did increase my cervical by 10%. I called the VA and the guy on the phone stated that there was new evidence and i was sent to a DRO for review for the two appeals, first is it possible once he looks at it all can award me will he without a hearing? second will he even look at the denial for TDIU??? third will give me increases that were overlooked from my C&P exams?
  8. Am 90% and was denied TDIU and C&P exam stated 3 different times for 3 different disabilities stating (This would affect sedentary and physical jobs which require attn to detail, focus, bend, lift, raise, twist at the neck), also all 3 should of been increased according to the CFR. When i called the VA the the rep said he had no idea why i was turned down and that he THINK'S the Rater ignored those 3 statements and did not increase them because all 3 disabilities are on appeal, that the Rater would not consider or acknowledge them because they are in appeal status in which are from 2012. Can anyone tell me if this is true or was he blowing sunshine up my wazoo?
  9. TLaff

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] TDIU then 100% Scheduler

    IU Denial: Your claim for IU was denied because evidence does not show you are unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. My current ratings: Cervical 40% Ufavorable Ankylosis, Lumbar 40% Rom, MH due to pain 70%, Migraines 30% I also have appeals in that are 7 and 5 years old which i believe because of the recent C&P exam for the IU shows that my appeals for Radicalopathy for all 4 extremities is present which was denied before and my Migraines warrent a 50% from my recent C&P exam should raise me to 100% scheduler. I will turn 55 in less than a week. A guy at the DAV told me to get a copy of the decision from the Social Security Law Judge stating you can not work or find gainful employment due to my service related injuries and then he would request a RECONSIDERATION in which he believes would get me IU in which i believe they would never ask me for a new exam. But if i get 100% scheduler they cold always re-exam me and lower my ratings?? I do not care about being able to work through scheduler because i can not. Your advice greatly appreciated.
  10. TLaff

    [[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] TDIU then 100% Scheduler

    Question's I was turned down for TDIU and talked with DAV and he said get my letter from Social Security stating i can not work and the he would ask for a reconsideration, i did not have SS letter at the time i filed TDIU he said i would 99% be granted TDIU. However i have appeals in that looks as if i will become 100% scheduler anyway but by reading allot of statements from VET'S getting reduced after several years i think it would be better for me to go ahead and submit the Reconsideration for TDIU because if Social Security states i can not work due to my service connected injuries i doubt the VA would ever try and remove TDIU but with Scheduler if they think one of your 10 connected injuries is getting better they can do a C&P exam on you and you could loose your 100% scheduler 10 or 15 years down the road. Any Thoughts? TLaff
  11. Yes my Surgeon states that i have radicalopathy in all 4 extremities which is secondary to my service related injuries which has been stated many times with doctor reports and hospital epidural reports.
  12. I am 40% Cervical Favorable Ankloising 40% Lumbar Rom 70% MH from major Pain 30% Migraines I do not have a scanner but will take it and have it scanned and the rater did say that he feels i was getting better but had no clear evidence to back it. I sent evidence in that showed that i was scheduled by my surgeon to have an ablasion burning of a lumbar nerve and a scheduled cervical fusion un which i have just recently had both. I believe he thinks ive gotten better because it has been awhile since i seen MH doctor and thats because i transferred from Cincinnati VA to Dayton VA and it has been a long wait to get an appointment with a MH doctor and they finaly got me one and i had to call and cancel and reschedule because i just had cervical fusion and they took bone from my right hip and with the pain and taking pain meds i could not drive 45 minutes each way but am rescheduled.
  13. I was just given C&P Exams DR states i have Radiculopathy in all 4 extremities Moderate i have claim in for it. Dr states i have Cervical IVDS with episodes of acute symptoms that required complete rest by a physician 12 weeks Dr states Migraine including Migraine Variants, takes medication for condition, Migraine/non Migraine have characteristic prostrating atacks, prolonged attacks of migraine/non migraine pain productive of severe economic in adaptability Rater denied all 3 even though C&P exam states the facts, Further i am already rated at 90% and aked for IU and Rater denied it even though Dr. states in each above and mental health Dr. states This would affect sedentary and physical jobs which need attention to detail,focus, bend, lift, raise, twist at the back or neck. and was denied IU Raters do what they wish not what they are suppose to do. any Thoughts?
  14. I am presently 30% Cervical, 40% Lumbar, 70% MH, 30% Headaches/Migraine I applied for IU and got copies of my C&P Exams and they flat out change my ratings to 60% Cervical, 40% Lumbar, 70% MH 50% Headaches/Migraines that puts me at 0ver 96% on the Calculator not to mention Examiner states i have Radicolpathy in all 4 extremities which would be an additional 10%,10%,10%,10%. My question is if i applied for IU and now according to C&P exams i am 100% scheduler will they give me the Scheduler automatically or will they just keep me at the IU because thats what i applied for??
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