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brokensoldier244th
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Posts posted by brokensoldier244th
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Sorry, I was referring to Section II where the veteran, or provider (I've seen both) list whatever the veteran is claiming for IU.
Forget about LHI- its not an LHI form. I can order an IU exam with an Employment Impact statement from any contract provider or VAMC, provided the VAMC has capacity to do the exam. What you found may have come from LHI but it is not an LHI form, and its not a DBQ, it's an addendum that gets added with a checkbox to be included with a DBQ when it is sent to the provider. A private doctor can write up whatever they want with regards to IU if they have enough information from the veteran to make an assessment with a rationale to support it.
The root form on the site you posted from doesn't list LHI anywhere on it, or it doesn't now.
https://www.seankendalllaw.net/library/VA-EXAM-MO-re-TDIU.pdf
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8940 is the application for IU, and in its current form a doctor fills out a portion of it. That form is then submitted with whatever other evidence is sent and if an exam is needed an employment impact statement is asked of the examiner. There isn't a DBQ to be made available to the public because it isn't a separate DBQ, it is an addition to whatever DBQ(s) the examiner is completing- at least in its current iteration within the last 5 yrs, and probably longer because my IU determination (at the time 2014) was also an addendum to my existing DBQ.
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It isn't its own DBQ. Its an optional field that can be applied to any exam type or contention that the veteran has claimed on an 21-8940.
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What are you appealing? Certain COD's are barred regardless of law changes unless you have had your discharge overturned by the Discharge Review board, that isn't VA.
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1 hour ago, Lemuel said:
But the fight about entitlements continues. SMC-T The rewrite of law by the secretary is an example.
It is the funding overall that is the problem. My home care visits are shutting down because the contractor is not getting paid enough to pay the employees. So, our care is worse than the hold up of your paycheck. We lose services even to the death of us. Subject to the budget fight but those contractors have to eat the losses and thus quit. So much for privatization.
Yes, I get my benefits compensation check while they are fighting instead of having to wait like you do for yours. But we both get the check.
All I was pointing out is that the money for benefits comes from somewhere else insulated from budgetary pressures, for now, at least. The rates set by SSA, VA, Medicare, Medicaid, ChampVA etc- not my monkeys, and I or my dependents use some of those so I'm not unaware of some of the challenges.
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26 minutes ago, Lemuel said:
Absolutely agree, Bronco. Both SSA and VA had the same documents to verify my wife. Easy to see the date was transposed but it took three years to get it done. I think the look for ways to cut the entitlements in the VA when there is a budget fight like now.
We then get the "Dlay, Deny, Wait Until They Die" policy augmented in the short run--short run being less than until they die or maybe make your NOK fight for it because they give up easier.
Disability benefits are funded out of a different place in the budget and are not subject to the yearly bickering back and forth over the operational budget. Thats why if there is a shut down we continue to work without pay until it is resolved but veteran disbursements continue to go out.
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They are periodically required to verify the status of dependents. They don't know if you are still married or not. I don't think a letter every few years is that onerous and its a lot better than not reminding someone of it and then finding out 2-3 yrs later with the veteran now owing a debt because they never updated anything. Ive been married for 25 and I still get them also.
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100% is one hundred percent. You'd have to get rated for something.
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Yes, medical records, service treatment records, all having to be new and/or relevant-basically the same stuff that you send with any claim.
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Keep in mind that the call center people (800-827-1000) are not cleared to see your whole claim- there are limits to the information they can provide, and they aren't trained to work on claims so there are big pieces of the process that they legitimately wouldn't know. They can read our notes, input noters for us, and provide directions to the correct places to call/talk to, and discuss things like what form(s) you need for whatever action. There is a separate avenue for information called VERA which has RO personnel that work within it- they can get a lot more hands-on with somethings. Google VERA and you should find the page to set up an appointment via phone or in person if you ever need to.
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You can just upload a 4138 or call in to the National Call center (800-827-1000) and tell them. There shouldn't have been a request for it, anyway- if you haven't worked since 1999 its irrelevant. In any case, a claim cannot be denied solely on the lack of returned 4192's, we receive far fewer back than are sent.
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Unfortunately, by law, a rater determines what is “enough” or “adequate” or “complete”. Partly why I’m not a rater; 1. I don’t want the drama, 2. I’m better at finding the bread crumbs as a researcher. I’d rather help build as strong a case as I can by mining “your” records- you’d be surprised what’s in there, however subtle, that I can usually add to your already submitted evidence that was overlooked or deemed inconsequential by someone.
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instead of focusing so much on the DBQ you need to have your lawyer look at the exam request itself because within that is the question or questions that are being asked by the rater, which would then be the driver for the new C&P exam. The DBQ‘s may look to be complete, but I see DBQ‘s sometimes that are full of all kinds of things written down as rationale, or citations for medical documents or reports or studies, and other things, but none of it actually addresses what was asked.
Kind of like those term papers you write in college every now and then after you’ve had a bad weekend and there’s something due on Monday. You throw literally everything you can add to it and hope that the instructor gets lost in the details without seeing the whole picture, and the simplicity of what was actually being asked.
I see this a lot with the swampy type of lawyer firms that basically upfront promise to increase your rating by X etc., etc. and then the documentation that they provide to the ratings people is full of all sorts of legalese and half theories and generally rubberstamp opinions from examiners that they have agreements with or relationships with, but none of it necessarily matches up completely with your service treatment records or your personnel records. The opinions being made are not supported with a decent rationale or citation of the medical records as to why that opinion is being made by the examiner, it just sort of comes out of nowhere.
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Insomnia is rated as a MH condition, unless it is specifically physical like OSA.
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You can always use both just remember that if you send us. 4142/4142a release to gather private records file you that does not compel your outside provider to cooperate, cooperate timely, not charge for records, etc., and VA is not budgeted an allotment to pay for private records whether they be medical, civil, or criminal (in the case of MST, for example). In those instances it’s faster that you do whatever it is your private provider or local LE requires to release records to you and then you copy or scan and send to us.
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Yes, you can continue to submit up until the point when it is in "Rating".
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No. If you don't authorize it the providers won't share it. The control is on the providers' side, and yours.
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You're aren't 100%, and your state and county, even, can make their own rules about whether they accept TDIU the same as a 100% schedular rating. My state, for example, does not. If you aren't 100% schedular you don't get property tax exemptions, etc. You are not going to see 100% reflected when you log into the computer because you aren't rated 100%. They're isn't anything for the RO to correct.
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What did you, or your doctor, write on the 8940 that you used to apply for tdiu?
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If those other contentions are considered part of tdiu then they aren't separate. Yes, they are, but it gets missed so sometimes you need to ask.
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I would leave out the references to your other family members, and to SSA. VA will already know that you are SSDI/SSA, its part of what we look up. The references to your family may be useful if they were discovery for court, but VA disability is about you, and only you. if it didn't happen to you or wasn't experienced by you, it didn't happen. I would simplify your support statement down to the bare minimum of What you have for a service connection event and any treatment in service or complaint in service, something that shows you have a current disability now, and then briefly explain how you think they are related. Posting studies about things that you weren't directly involved with (like medical trials, for example) doesn't do much for you because the studies aren't about 'you', they are cross-section of other people. VA, for good or ill, is only concerned about you- its like the MST claims I work on- you may have a personal trauma event/PTSD or similar because of something you witnessed, but for MST specifically if you saw something happen to someone ELSE its not an MST based claim, because MST by definition has to be experienced by you.
Bronco pretty much covered the rest.
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HLRs by legal definition, can’t introduce new evidence. They only consider what was in the claim at the time it was denied, a review of the claim as it was. Superman’s can consider new evidence that is new and or relevant, though.
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DBQ Individual Unemployability Statement Form that is not a DBQ
in VA Disability Claims Research
Posted
It won't happen. The veteran needs to claim unemployability. There is no reason to have the examiners do the extra part of the exam unless the veteran is saying they are unemployable. Would you like it if every exam you went to the examiner just assumed you were not employable? What about if you got a rating based on that even if you didn't claim it, would you then quit your job?
That employment assessment language has a specific purpose and time to be used. Its not a 'general' part of all exams, and it likely won't be.