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Second Class Petty Officers
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About LanceJoseph

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Service Connected Disability
  • Branch of Service
  • Hobby
    Long range shooting

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  1. As it currently stands I don't feel as though I have any new evidence that I'm wanting to claim an increase for. I filled out a supplemental claim form for an increase and to request new C&P exams on the basis that my disabilities have gotten worse. My knees and back aren't mentioned much because I don't currently see an ortho specialist. Should I wait and get appointments and request them to fill out DBQ's to support my claim to just go ahead with the claim and request a new C&P exam?
  2. Thank you all for your input! I have a lot to think about regarding my situation. Being that I want to return to the workforce, I feel so limited by IU in itself. I think that is what is pushing me to continue on.Thanks again for all the advice!
  3. I guess my biggest question is whether or not its worth sending in a supplemental claim without new information? I'm requesting an updated C&P exam for the disabilities cited above. I honestly haven't been seen for these issues on a constant basis because it takes 3 months to get a damn consult. So should I move forward with the supplemental claim for take the next 8 months and try to gather new evidence with outside sources. I feel like they will just look at my appointments and because im not seen constantly for my knees or back that they will just use that as a basis for denial.
  4. Thanks VetQuest, Being that I am past the one year mark for the BVA decision I will have to file a Supplemental claim and along with this I am sending a statement in support of claim. Below is what I have written thus far. constructive criticism is welcome. Statement in support of claim- The veteran is filing for an increase on three service-connected disabilities. The first is left knee patellofemoral syndrome (previously rated under DC 5019-5260. The second is right knee patellofemoral syndrome (previously rated under DC 5019-5260). Both are currently rated at 10%. The request for a higher rating is due to limitation of flexion, limitation of extension, a chronic pain. The third and final request of increase is for lumbar strain claimed as (low back). The reason for the request of increase is due to increased localized pain, limited range of motion due to stiffness, inflammation and chronic pain. An increase for both the left and right knee was granted at the rate of 10% on 12/1/2017 and an increase for lumbar strain was denied on 12/1/17 by the BVA, Citation #_________. The 12/1/2017 BVA decision was based on a C&P exam from 2013 and since that exam the above mentioned disabilities have only worsened. A current C&P exam is requested by the veteran.
  5. Good Day Everyone, My situation is this, in Jan 2018 the BVA made a decision and granted me TDIU, and SMC-S, along with that there was an increase of two service connected claims to 10% Left and Right knee patellofemoral syndrome and a denial for increase of a service connected lower back pain claim. I was told by many not to rock the boat but the decision the BVA made 12/1/17 were based on a four year old C&P exam in 2013 and my range of motion both flexion and extension have greatly worsened in my knees and my back pain has become almost a daily battle of getting my body to agree to what I would like to get done. My ultimate goal is to return to work, as I am a young guy that is currently working with Voc Rehab and my other practitioners to get me to that point. My question is should I keep fighting or just shut up?
  6. I misspoke on my previous post, They didn't completely phase out the 4140 but as seen above the 4140 will ONLY be sent to those who go over the poverty threshold reported by the SSA.
  7. Here is the correspondence I received regarding the 4140
  8. Thanks for all the input, As for the form 4140, they have officially phased that form out and only use what the IRS reports to them. I have received 3 notices confirming this, so it is not hearsay. One thing I have found in my research of this subject was 38 U.S. Code § 1163, Trial work periods and vocational rehabilitation for certain veterans with total disability ratings, This implies that a veteran can go back to work on a trial basis and if he/she is not able to hold that position for a consecutive 12 months then the veteran may maintain his TDIU status, This is somewhat confrontational with the idea of "gainful employment" as that has to do with the poverty level and amount of income. Which if a job pays 30 dollars an hour(hypothetically) you are well over the poverty level not even half-way through the year.
  9. Thanks for your input, My Voc rehab case manager is in contact with my care providers and agrees with their assessment. I'm in the program for training purposes and he isn't pushing the employment resources until I get the green light from my care providers.
  10. Hello All, Let me start by saying that I was recently granted TDIU, I'm a young guy in my early 30's and I am currently in Voc Rehab and finishing out a bachelors program. Working with my green team care providers I've been told that I am not yet ready to try for full employment. The issue I'm having is that while I work on myself mentally I would like to pursue a masters program to make myself more competitive and a more well-rounded applicant when the time comes that I can return to the workforce. There are two issues I'm running into regarding my TDIU status. 1. The program I am interested in requires 800 minimum PAID patient care hours to even apply for the program. So I would have to lose my TDIU to even try? I was told to contact my RO to possibly facilitate a sheltered part-time work program, or at the very least let my situation be known. Any advice on this matter would be greatly appreciated. 2. I recently inherited two properties from a family member and they are rentals, After speaking to a gentleman on VA's 1800 number I was told that rentals are counted towards gainful employment whether or not they are managed by me or not, ( I do not manage them, there were tenants already living there upon my possession of the properties). They don't bring in much in the way of profit so are they worth keeping if they jeopardize my TDIU. Overall I am very blessed to receive my IU rating but I still want to get better and push myself to do more and be more than I currently am, The rating itself has allowed me to spend more time working on continuing my education but more importantly overcoming some issues that have plagued me for many years. Any advice or guidance or even constructive criticism would be greatly appreciated , Thank you and have a wonderful day Semper Fi
  11. Yup Matt, Seems to be finalized. You're in the same boat as me in regards to waiting for a decision letter. I'm assuming you are a retiree which can make a difference in timeline with any back pay you have coming. Congrats again!
  12. Matt, I agree with Berta that it could delay and also could not delay an award letter but depending on the rest of your disabilities you could be eligible for a statutory SMC rating, 100+60%. If you one disability is rated at 100% and the rest of the SC Disabilities reach a 60% you reach another tier which is an SMC rating. Not knowing the full range of what you are service connected for I cant say but stay strong and try to be patient.
  13. I would imagine at that point the TDIU would be considered MOOT and the Schedular rating would take its place, If your TDIU is considered P&T I would assume that your new rating would be as well ( this relies heavily on the possibility of improvment) . As for a simple transfer back to TDIU if conditions improve I can answer that. As we know how the VA works, nothing is ever smooth or fast.
  14. Absolutely Allan, I tend to lurk around here and give my input whenever I feel it can be helpful. I will keep this thread updated with dates and any extra info I have.
  15. Thanks for the reminder Allan, and I am considering going to the CAV with my lumbar and knees based on flare ups, I listened to the podcast on here that mentioned increases on the basis of multiple flare up, don't have the exact citation near me but i'm considering it.
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