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brokensoldier244th

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  1. brokensoldier244th's post in Not Sure What To Do was marked as the answer   
    M21-1 IV.ii.2.i  (right now- they are re-organizing the onine resources for M21 on both sides, public and internal, so everything is in flux right now). I apologize for the formatting, parts of this are in chart form in the actual document so it doesn't always copy/paste well. This is from the 2015 revision, but this is still current. 
     
    gh. Veteran’s
    Responsibility
    to Specify a
    Disability or
    Disabilities That
    Cause
    Unemployability
    VA will no longer presume a claim for IU is a claim for increase in all SC
    disabilities. As part of a substantially complete application for IU, VA will
    require that the claimant with multiple SC disabilities specify at least one
    disability that he or she believes causes the unemployability.
    Use the table below to determine the appropriate action to take based on
    whether or not the Veteran specifies a disability as the cause of his or her
    unemployability.
    If the Veteran only has one SC disability, VA will presume that disability to
    be the cause of the Veteran’s unemployability and treat the IU claim as a
    claim for increase for that disability.
    If the Veteran ... Then ...
    only has one SC disability  presume that disability to be the cause
    of the Veteran’s unemployability, and
     treat the IU claim as a claim for
    increase for that disability.
     has multiple SC disabilities, but does not identify which SC
    disability(ies) cause(s)
    unemployability
    contact the Veteran by telephone to
    gather that information.
    Note: Make reasonable efforts to
    contact the Veteran by phone. If
    unsuccessful, send the Veteran a letter
    requesting that he/she identify which SC
    disability(ies) are believed to result in
    unemployability.
     has multiple SC disabilities, and
     identifies one or more as the
    cause of unemployability
    treat the IU claim as a claim for increase
    for specified disability(ies)
    hi. When to
    Obtain SSA
    Reports in IU
    Claims
    Obtain and consider complete copies of the Social Security Administration
    (SSA) decision (awards and denials) and any supporting medical records
    when
     evidence of record is insufficient to award IU, and
     the Veteran’s claims folder shows that the Veteran has been examined or
    awarded disability benefits by SSA.
    Notes:
     Although decisions by SSA regarding a Veteran’s unemployability are not
    controlling for VA determinations, SSA’s record may indicate the level of
    impairment of the Veteran’s SC disability.
     When reviewing SSA records, pay close attention to what disability resulted
    in an award of SSA benefits, and whether that disability is one for which
    service connection SC has been awarded.
     Regional offices (ROs) are not required to request SSA records when a
    Veteran fails to return the VA Form 21-8940.
    References: For more information on
     requesting information from SSA, see M21-1, Part III, Subpart iii, 3.A, and
     the effect of SSA decisions regarding unemployability on VA
    determinations, see Murincsak v. Derwinski, 2 Vet.App. 363 (1992).
     

  2. brokensoldier244th's post in Interesting scenario - Claim in for TDIU but seems like about to get 100% Schedular was marked as the answer   
    The 100% schedular is more of a benefit in some ways, though- if you take up a hobby that makes money you don't have to worry about looking over your shoulder and calculating yearly income amounts with scheduler. What should happen is that your 100%S would go back to whatever your TDIU date might have been- ultimately its the same claim in that the onset of the TDIU would basically = 100% anyway. The onset would be the same. 
  3. brokensoldier244th's post in 100% P&T, should I stay in Reserves? was marked as the answer   
    No. You only hear about the ones that do. I see the ones that don’t every day. Just because you have a high MH rating doesn’t preclude you from work, though if you can/could pass the psych eval and get a waiver to re-enlist it might indicate some improvement unless you are under a consistent treatment regimen. We don’t “think” anything, it’s based on your treatment records. 
  4. brokensoldier244th's post in VASDR 6035 Compensation for Keratoconus was marked as the answer   
    That is the basic rating, with correction, if you require singular or bilateral correction. Is that what you are asking? 
    Keratoconus uses a combined diagnostic code (6035-6077)- meaning that the base condition- Keratoconus has a minimum rating. Depending on the individualized effects to you, under other associated codes (whether they apply or not only you/your doctor know- it's based on actual effects to 'you') can be used to determine if a higher rating is needed. 
     
    https://www.va.gov/vetapp16/Files4/1628301.txt
     
    CAS
  5. brokensoldier244th's post in SMC was marked as the answer   
    SMCs are generally for some pretty profound stuff, except for K which equates loss of use. I see it typically witn men and full on ED/residuals from prostatectomy, and in women for hysterectomies, though I know it also covers other issues that I don't see much of. 
     
    The other SMC's have a pretty high bar for entry- trust me, you probably wouldn't want one if you know what was entailed to be eligible for one. 
  6. brokensoldier244th's post in Dependent was marked as the answer   
    Not that I’ve seen provided you can document and verify all of them
  7. brokensoldier244th's post in Tele C and P Exam from VA Provider was marked as the answer   
    Good question. Probably because the contractors make their own decisions for full staffing or not and vamc and VBA are on phased reopening. Ive been working from home for four months. 
  8. brokensoldier244th's post in Need some peace of mind through this!!! PLEASE READ was marked as the answer   
    Did your doctor (a sleep doctor, right? ) actually say that your Apnea is due to MST? Central or obstructive? Thats what needs to be in there, and why they think that. 
  9. brokensoldier244th's post in VA Determination letter granting retroactive benefits was marked as the answer   
    Are you on pension or disability? Two different things. Disability money from va isn’t taxable you don’t even list it on taxes. It doesn’t exist. 
  10. brokensoldier244th's post in Possible error in retro was marked as the answer   
    You don’t get paid for the month that the rating takes effect. 
  11. brokensoldier244th's post in Not seeing claim on ebenefits was marked as the answer   
    It takes longer than two days for ebenefits to update unless you submit through it. You are waiting on him now.
  12. brokensoldier244th's post in Unemployability Award was marked as the answer   
    TDIU isn't always permanent but if your award letter mentions educational benefits, though, that is usually an indicator that it is. Usually that means chapter 35 for the spouse and dependents. The veteran themselves doesn't really have access to much in the way of educational benefits unless they go through VA Voc Rehab. Read up on Chapter 35 DEA benefits and you'll get the scoop on that. 
     
    CAS
     
    https://cck-law.com/news/tdiu-permanent/
     
     
  13. brokensoldier244th's post in Back pay was marked as the answer   
    keep an eye on your primary account that you have listed. It will just show up, probably within a week or so (depending on the amount- some amounts over X require more VA signatures to approve). You may want to notify your bank, too. Mine is really weird with me because I used to do a lot of things on paypal and in 1 year I had to change debit cards 2 times and accounts 1 time- so I don't use PP anymore. My bank scrutinizes incoming deposits on my account and will hold them if they are from a strange place, amount, or not when my usual deposit posts. Im glad for the scrutiny, but its a pain to buy groceries if they lock my account for some random incoming deposit until I verify it with them so I usually tell them ahead of time. 
  14. brokensoldier244th's post in Ebenefits Has Me Confused was marked as the answer   
    Most likely a C&P is in your future.
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