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About devildog2061

  • Rank
    E-3 Seaman

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  • Military Rank
    E-5 Sgt.

Previous Fields

  • Service Connected Disability
  • Branch of Service
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  1. I'm currently going through a remand with the BVA for unemployability and a few other things. This morning (2) new claims showed up on ebenefits. They are: 1. Mqas Review Prev Wh SSB Gross.. $dollar amount received 2. Mqas Rating Backfill... The SSB Gross is what I received as an incentive to separate from service....(early out pay) When I got my first disability rating, which was 20%. I didn't receive any disability compensation for 10 years. The VA said they had to re-coup this amount before I would receive any payments. Got my first disabilty payment in 2003. Why would they be looking at this ? It has nothing to do with my current claim. What does Mqas Rating Backfill mean ? Can anyone chime in on this ?, thanks in advance...
  2. I had a BVA video appeal in December of 2015, which resulted in a remand on all the following issues : IU, increase PTSD, and ED The VLG ordered new C&P's, with instruction to the RO. I had the C&P's in July of 2016. I know they should either grant the claims, or support their previous denials with a SSOC and forward the claim back to BVA. Thing is, It's been almost nine months from C&P's. Do you think they are stalling ? if so, What can I do about it ? I do have an attorney, which he's written a letter to the RO, but we havn't gotten a response.... Thanks for your reply.
  3. Thanks so much guys for your replies....... Berta, my back in not service connected which is why the VA focused entirely on that to make it seem like I received SSD only for my back when the award letter stated PTSD as well. They even stated in their denial letter that I didn't suffer from PTSD, but a mood disorder and that PTSD was later amended to the SSD award. Not so, there was never an amendment added. PTSD was included in the original award. After this denial, I hired an attorney and we appealed this decision. Yes Berta, we did submitt the 21-8940, which my attorney said they should have considered me for TDIU anyway because of the award and I met the percentage requirements..... TDIU has been on appeal since 2009.......
  4. I have an upcoming C&P exam for PTSD increase next week. I'm currently rated at 50% PTSD, for a total of 80 % combined rating. I received SSD for PTSD and Back in 2008, but was initially denied PTSD because the VA did not consider the SSD award. I appealed twice and now receive the 50%. I was advised by a VSO to put in for increase because of the SSD award, so I did. While going through the process, I was denied by Voc Rehab for re-training because of the SSD award stating PTSD. My VA Pychologist did a DBQ saying I'm unemployable, as well as an out side Pychologist who trains the Voc Rehab Counselors. I submitted all this to the VA, so my question is..... 1. Should I take these statements to my C&P to make sure the examiner see's them ? I know they suppose to review your C-File prior to you going for the exam, but that doesn't always happen. 2. Will they, or should they take the statements into consideration when rendering their decision ? 3. What should be my course of action if I receive an un-favorable decision, without having to go through another lengthy appeal ? My VSO said I should at least get unemplyability. Any opinions or advise would be welcomed, thanks.....
  5. I'm requesting direction as to how to get the VA to rate and continue the processing of my claim for anxiety. I file this claim in Oct of 2013, as recommended by a friend who's a VSO, after she review my medical records. I should mention I currently have a combine rating of 80 %. 60% Skin 50% PTSD 10% left Ankle 10% Tinnitus L&R Ears no percentage I should also mention I have two Appeals, awaiting a video conference filed in 2012 and represented by an attorney. They are for PTSD increase and IU. Again, the anxiety claim was file in Oct 2013 as an FDC claim and I finally started to see movement on E-E-benefits in May 2014. It went from Gathering to Reviewing evidence and has stalled after all medical evidence has been submitted. I signed the waiver authorizing them to make a decision. The evidence I submitted was an IMO from an outside Psychologist,a statement from Voc Rehab denying me from the program because of PTSD, and a DBQ from my VA Psychologist. All saying I'm unemployable because of PTSD, in which I receive SSD for. The VA is not requesting any more evidence, nor have they scheduled any exams.They have all they need To make a decision on this claim, but they're stalling. I got my state congressman involved, who made an inquiry and called case management, but they haven't called back. What else can I do to make the VA rate my claim ? Thanks for your reply......
  6. Has anyone had a Video Conference with Montgomery R O recently ? I've been waiting a year now, and would just like to get an estimate on the wait time, Thanks...
  7. Update: Seems the VA has not made a new decision on my appeal, they were considering my Claim closed because they did not realized my lawyer had submitted the form 9 and requested a video conference appeal before the cut off time had elapsed.... I now have a statement from Voc-Rehab disapproving me and saying I'm unemployable because of my service connected disability PTSD, opinion taken From my SSA award- and Have an IMO stating the same. Now I'm waiting on the video conference. My questions are - 1. Will They review this new evidence and issue a SSOC, before having a video conference ? 2. Can it be won considering the new evidence without having a video conference ? 3. How long after receiving your SOC does it take to have a video conference from Montgomery RO ? Thanks for your replies...
  8. My lawyer submitted a rebuttal to the denial of IU In the SOC I received from My DRO Review, along with VA Form 9 to the BVA - requesting a Video Hearing in December 2012. I applied for Voc-Rehab and was found unemployable due to my service-connected disabilities. I also had my Psycologist to complete an IMO which states the same. I don't know if my attorney has submitted this info as of yet, but I was checking my appeal on ebenefits and notice a change has occurred. It reads as follows : Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it. This is in the decision and dispatch section of the appeal timeline, dated 1-17-2013 Does this mean they have made a decision on my claim already ?
  9. They said I couldn't work because of my service connected disability, PTSD..... They said they considered my SSD award, which is for PTSD and Back ( NSC ).... I was denied Retraining from voc-rehab because of disabilities, but approved for ILP... I think you read it wrong Broncovet.....
  10. Well guys, the Voc-Rehab Counselor denied my request for retraining because of my disabilities, but he did approve me for ILP and wrote a statement in support of my IU claim, which was recently denied Through a DRO Review decision Oct. 2012. Hopefully this will help.....What do you think ?
  11. I'm currently receiving SSD and Disability Retirement. SSD is for a combination of service connected PTSD 50% and Back which is non-service connected. My Back is what I receive Disability Retirement for from the post office. My total VA rating is 80%. I had a claim in for IU, but was recently denied. The VA stated I have not been found to be unemployable. While I'm going through the appeals process, I applied for Voc-Rehab. My initial meeting with a VRC is the 8th of January. I have a very strong passion for music and wanna follow this dream I've had since childhood. I am a writer, producer and performer. I've invested a lot of money in music equipment, and currently Building my own recording studio. I've started my own music publishing company. I recently had one Of my songs released on a national level. I know mostly the production side of music, but now I Wanna learn the business side. My question is ? Since I've already done most of the work to set-up and run my own business, will the VRC allow me to go to school online to get educated in the business side of music ? Thanks for your replies.....
  12. Thanks John999 and Deanbrt for your replies, My outside Psycologist will write an IMO for me but also, because I did receive a denial, I thought about applying for Voc Rehab. Does anyone know how this would affect my claim for IU ?, or if they would even approve me Having a 50% PTSD rating, and back condition. I would love to go back to school, but don't think I could handle it because of concentration, memory, And mood swings....
  13. I haven't worked since 2006. I am currently receiving SSD benefits for a combination of PTSD(service connected) and back(non service connected).... The VA is using my back condition against me, saying this Is the primary reason why I'm Receiving SSD, when the award clearly states them both.
  14. I just received a SOC from my 2 DRO Review appeals. 1. Increase of PTSD, currently rated 50% 2. File for IU I'm currently rated at 80%... 60skin, now 50 PTSD, 10 ankle, 10 tinnitus I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2. The reason for the denial of IU states that I have not been found unabled to secure or follow a substantially gainful occupation as a result of service connected disabilities. My question is can I submitt additional evidence prior to going to the BVA. I have an outside Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years... Would this help ?
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