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  1. I am a disabled veteren rated 60% with TDIU. I was previously rated at 40% and spent 2 years in Voc. Rehab. and recieved my Associates, but was unable to finish my Bachelors. I received a computer from the V.A. when I was on Voc. Rehab. I was wondering if I would still be eligable for any other programs similar to VR. I think I have heared of it refered to as Independent Living or something like that. It seems I remember Vets basically getting set up in a hobby. Like if the Vet liked woodworking, then the V.A. would get them the tools, materials, etc. to do it. Does anyone know anything about programs like this, or if you have experience with this type of program, can you let me know what you did (i.e. woodworking, art, etc.) and what the VA provided for you? Thanks for answering my questions.
  2. http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_sece.doc A reopened claim is any claim for service connection, received after a finally denied claim, which VA must reconsider because the evidence it presents is new and material. A finally denied claim means that at least one year has elapsed since the letter was sent notifying the claimant of the decision to deny the benefit sought. Note: The term “reopened” does not apply to pension, increased ratings, or individual unemployability. Those claims involve the review of new evidence based on new applications, rather than reconsideration of prior decisions. For this reason, they are “new” claims. Reference: For more information on reopened claims, see 38 CFR 3.160(e). ________________________________________________________________________________ __________________ c. Definition: Evidence Evidence is any means by which an alleged matter of fact is established or disproved. Examples: Examples of evidence include the following: • testimony, to include  statements  contentions, and  arguments • documentary proof • medical examinations or reports, and • other material not previously considered. ________________________________________________________________________________ _______________________ d. Definitions: New Evidence and Material Evidence New evidence is evidence not previously of record. Material evidence • is relevant and relates to an unestablished fact necessary to substantiate the claim, and • has a legitimate influence or bearing on the decision in the case. Note: The provisions of 38 CFR 3.105(b) do not apply if a decision is changed because of the receipt of new and material evidence. Reference: For more information on material evidence, see 38 CFR 3.156. You also have to be careful of cumulative evidence . Hope this helps a vet, carlie
  3. Hi, does anyone give validity to the fact that the longer a claim is at the rating board the better it is for the veteran's case? Also, what is the difference (or benefit, if any) of being rated 100% TDIU as oppossed to 90% TDIU receiving $$ at the 100% rate? Any help will be appreciated. Thank you. H.G.
  4. [Federal Register: January 5, 2007 (Volume 72, Number 3)] [Notices] [Page 626-627] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05ja07-86] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS Veteran's Disability Benefits Commission; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Veterans' Disability Benefits Commission has scheduled a meeting for January 18- 19, 2007, at the Hotel Washington, 15th Street and Pennsylvania Avenue, NW., Washington, DC. The meeting will begin at 8 a.m. each day and end at 5:15 p.m. on January 18 and 3 p.m. on January 19. The meeting is open to the public. The purpose of the Commission is to carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service. The agenda for the meeting will include updates on the progress of the studies being conducted by the Center for Naval Analyses (CNA) and the Insititue of Medicine (IOM). CNA will include an overview and discussion with Commissioners regarding its research and analyses of Individual Unemployability and Program Operations. VA will provide a public response to IOM's request for documents and information related to IOM's research on behalf of the Commission. In addition to providing a summary of the overall status of Issue Papers addressing specific Research Questions, Commission staff will also facilitate the presentation and discussion of new or revised Issue Papers at various stages of development. (Research Questions approved by the Commission on October 14, 2005, are available upon request or please visit the Commission's Web site at http://www.vetscommission.org.) On January 19, there will be time set aside for the Commission to receive comments from veteran and military service organizations and interested members of the public on three topics related to specific Research Questions. The three topics will be: Line of Duty (Research Question 13); Character of Discharge (Research Question 23); and Concurrent Receipt (Research Question 21). Interested persons may present oral statements to the Commission on January 19. Oral presentations will be limited to five minutes or less, depending on the number of participants. Interested parties may also provide written comments for review by the Commission prior to the meeting or [[Page 627]] at any time, by e-mail to veterans@vetscommission.com or by mail to Mr. Ray Wilburn, Executive Director, Veterans' Disability Benefits Commission, 1101 Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20004. Dated: December 27, 2006. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 06-9985 Filed 1-4-07; 8:45 am] BILLING CODE 8320-01-M
  5. Ok December 2006 I was raised from 20% to 805 and on December 19, 2006 I filed a reopened claim for TDIU. Well after 4 years of headaches and turmoil my DAV rep. called yesterday and said she had met with Rating officer who was in charge of my appeals. She said the RO said that she didn't think that I could prevail on my appeal for higher % and EED. She said that if I was to drop my appeals that I would be granted TDIU effective immediately. I told her to drop the appeals since the whole reasons for the appeals was to get to 100%. They are going to give me retro back to June 2005. Thank you everyone and especially you TBird for starting this forum. Thanks Berta, Pete and everyone for their support just too many to name.
  6. Berta, you said on the TDIU form, “Under # 18 they mean SSA benefits as well as any other disability retirements benefits” I have no SS disability, the only monies from them is what I paid into, (my retirement) is this to be put on line 18? How much weight does the VA give on the meds side affect issue, some of the meds the local hospital has given me has side affects that I DID complain about after taking them. One says, “may cause a cough,” I complained about a cough several times and they tested me for COPD. Of course the tech did the test twice to get an “average”. The average was within in limits! A lot of side affects said, may cause dizziness, when picking up my hearing aids the doctor test me for dizziness. How much weight will this carry? And a couple others. Also someone posted “By the way if you if you read the VA regs carefully you will see that your major depressive symptoms and unemployable should be rated at 70% minimum.” Where can I find this? This person went on to say “I would low profile some of the issues not service connected with the depression” Does any one know where these regs are? And what is meant by low profile?
  7. I submitted a NOD and 2 new claims in May '06. My VSO says they are all at Appeals. Claims: Sleep Apnea and TDIU NOD: Hypothyroidism Will my claims go from Appeals to Rating or will Appeals handle the whole situation? (The TDIU needs the NOD and possibly the apnea claim to hit the 60% or 40/70% for TDIU rating at VARO.) The only rating I have now is 10% for hypothyroidism. Hypo symptomatology rates 100% - I expect 60%. Use a BiPap so apnea should be 50%. The VARO is Oakland. Ralph
  8. Just wanted to share some great news with everyone here. We just recieved husband's award letter for 100% P&T due to unemployability.When the brown envelope showed up today we sat down together to open it because we were so worried that it would be a denial. This claim was just submitted in Mar 06! I didn't join this forum until after the claim was started and my husband went thru a service officer or something so I didn't really even know what was being asked for. They even increased his rating to 70% schedular at the same time. Fortunately, the C&P doc even said that with his injuries he is not able to work. And his SS claim had already been approved so we sent that along. After waiting seven years for the last claim to get approved we were really expecting a loooong wait. But the frustration and anxiety over this is finally done for the most part and now we can move on to focusing on his health, our kids(who will now get help with college), and our future. Anyway--- even tho I was just a lurker,I thank you all for your wonderful, invaluable advice and your kindness, support, and encouragement for all of us dealing with the VA. Lori
  9. I have an 80% overall rating and 70 % for Depression. I have been diagnosed with Sleep Apnea. Can this be secondary to Depression and is it hard to prove. I have put in for TDIU so should I just wait on filing for Sleep apnea.
  10. Here is something, I didn't know about the widow's entitlement to DIC, I know it is still that 10 year limit on before death, but I thought it was 10 years for everything, to bad the whole package wasn't 8 years, but I have read that the democrats, are going to try and change the 10 rule to 5, so hope they get done, before we lose to many more veterans, myself included. Veteran's Death Was On or After January 1, 1993 Effective 12/1/06 Basic Monthly Rate = $1067 (38 U.S.C. 1311(a)(1)) Additional Allowances: a. Add $228 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2)) b. Add the following allowance for each dependent child under age 18: * Effective 12/1/ $265 per child (38 U.S.C. 1311(B)) c. If the surviving spouse is entitled to A&A, add $265. (38 U.S.C. 1311©) d. If the surviving spouse is entitled to Housebound, add $126 (38 U.S.C. 1311(d)) *DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR
  11. If an inferred claim of TDIU is raised in a claim and the TDIU is not addressed by the VA is this CUE? What I am reading in the VBM 5.4.9 page 325 is that if a claim includes facts that indicate that the vet is unemployable, the VA is obligated to consider and adjudicate a TDIU claim. Also, in 5.7.2 of the VBM it states the VA must also adjudicate those issues which are reasonably raised in all documents or oral testimoney submitted prior to a final agency decision. In CUE claims the VA must give a sympathtic reading to the veteran's filing in the earlier proceeding to determine the scope of the claims. In my claim my doctor said I was unable to work and frequently incapacitated and the VA never treated this like a inferred TDIU claim. They specifically stated that the IU regs did not apply in my case.
  12. Finally Granted increased on Secondary claims filed over 2 years ago. I was at 20% I was given 70% for dysthymia(filed as depression)(don't know what dysthymia is but who cares right) for pain associated with my degenerative left knee. Was given a Gaf of 50 from C&P exam. Effective Date June 30 2005. I was given 10% for 1. right knee osteoartritis Effective Date April 19, 2004. 2. 10% for left ankle degenerative arthritis Efective Date July 12, 2005 3. 10% for right ankle degenerative arthritis. Effective date July 12 2005. Why didn't they call this Bi-lateral ankle condition? I have an claim for TDIU still on Appeal. I was told by my SO to drop that claim and filed a Re open claim on the origional decicion on the TDIU claim. I don't see why the 70% for Depression wouldn't be enough to help the TDIU appeal since a re open claim would lose my retro date. It should also help with my SSA denial from the ALJ hearing that I have appealed to the Appeals Council. Well thats down the road I want to thank everyone for the help I received here , since the SO never sent in not one piece of documentation to support any of my claims.. Thanks Everyone
  13. Update: I went in yesterday to talk to the NEW (no surprise there) Veteran Rep. in our town yesterday to see what I can do to put in for TDIU status...he was not familiar with my case so he went in to his computer to see what he can find out...he told me that my claim was indeed sent out on the 24th to the R/O for a decision...I told him that when I original sent in the NOD that I specifically asked to have a face to face hearing with the R/O but instead they set me up with the C/P...so when I asked him the time line on how long it would take to hear a decision he told me it could take up to a year to 24 months...and if I went ahead and filed for the TDIU it could hold it up for futher review....he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA...so that is where I am in the mass confusion of the American Way...My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. have a VERy Blessed and Safe New Year.
  14. Hi, I recently got awarded 60% disability, but have been out of work as per my doctor since Nov.2005. I am working with the VA and my rep told me to try for the TDIU before even asking for the convalescence temp of 100% because of the time frame I have to ask for it. I am surprised that they overlooked the fact that I am not working as per doctor's orders. In any case, my doctor wrote a letter for me and he was good and even put the direct connection to the military in the letter. But the last line was,” She remains unable to work because of her medical disability" he put in my diagnosis, all the dates, and the fact that I had surgery, what type and he also wrote” she continues to have disabling headache, neck and back pain which require ongoing medical supervision" Do you think this will get me TDIU or should I try to ask for temp convalescence? Can I ask for these at the same time? Is there a form I need to fill out to get the temp or will they take that into account when they go over my TDIU form? I stopped working 2 days before the surgery, but my hours went from 40 to approx. 15-20 per week prior to that. I don't even go back to see the doctor for 3 months. They gave me meds to help with the pain and pressure of cerebellium fluid in the head, but I really only see a very slight change.
  15. Remember a vet does not have to be rated a specific rating to quailfy for unemployability. And a veteran can still work if rated granted unemployability. Here are the rules: § 4.16 Total disability ratings for compensation based on unemployability of the individual. top (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (:D It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]
  16. A great Approved EED Tinnitus Claim: http://www.va.gov/vetapp92/files2/9217066.txt Tinnitus Not Reported in Service - Granted w/nexus of Hearing Loss: http://www.va.gov/vetapp92/files2/9219321.txt ************************************************************** Another great Tinnitus case: 92 Decision Citation: BVA 92-28565 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-53 160 ) DATE ) ) ) THE ISSUES 1. Entitlement to an effective date earlier than September 21, 1987, for the award of service connection for tinnitus. 2. Entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD C. S. Freret, Counsel INTRODUCTION The appellant had active military service from March 1964 to March 10, 1967. A claim for entitlement to service connection for ringing in the ears was received on May 4, 1967. In an October 1967 rating decision, the Jackson, Mississippi, Regional Office (hereinafter RO) did not address the appellant's claim of entitlement to service connection for ringing in the ears. In a notice of disagreement received by the Department of Veterans Affairs (hereinafter VA) in December 1967, the appellant appealed the denial of service connection for ear disability. In a substantive appeal received in January 1968, the appellant continued to argue for service connection for ringing in the ears. A claim for entitlement to service connection for tinnitus was received on September 21, 1988. In a December 1988 rating decision, the RO granted service connection for tinnitus and assigned a 10 percent evaluation, effective September 21, 1987, under the provisions of 38 C.F.R. § 3.114(a). In September 1989, the appellant filed a claim for an effective date earlier than September 21, 1987, for the assignment of a 10 percent evaluation for his service-connected tinnitus. In a November 1989 rating decision, the RO denied an earlier effective date for the award of a 10 percent evaluation for tinnitus, stating that a grant of service connection for tinnitus due to acoustic trauma had not been possible prior to March 10, 1976, and that subsequent to that date the appellant's claim for entitlement to service connection for tinnitus had been received on September 21, 1988. The appellant was notified of the November 1989 rating decision by letter dated in January 1990, and he did not file an appeal within one year thereafter. This case comes before the Board of Veterans' Appeals (hereinafter Board) on appeal of rating decisions by the RO, dated in January 1991 and in April 1991. In the January 1991 rating decision, the RO denied entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities. A notice of disagreement as to the January 1991 rating decision was received in March 1991, and, at the same time, the appellant requested an earlier effective date for the grant of service-connected compensation for his tinnitus. In the April 1991 rating decision, the RO determined that no new and material evidence had been presented to permit reopening of the claim of entitlement to an effective date earlier than September 21, 1987, for the grant of service-connected compensation for tinnitus. A statement of the case was issued in April 1991. The substantive appeal was received in June 1991. The appellant presented testimony at a personal hearing conducted at the RO in August 1991, and the hearing officer rendered a decision in September 1991. A supplemental statement of the case was issued in September 1991. The case was received and docketed at the Board in January 1992, at which time it was referred to the appellant's representative, Paralyzed Veterans of America, Inc., who submitted a statement in support of the appellant's claims in February 1992. The case is now ready for appellate consideration. The issue of entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities will be dealt with in the REMAND portion of this decision. CONTENTIONS OF APPELLANT ON APPEAL The appellant asserts that the RO committed error in not assigning an effective date earlier than September 21, 1987, for the grant of a 10 percent disability evaluation for his tinnitus. He contends that his initial claim of entitlement to service connection for tinnitus was filed in May 1967 and was never adjudicated, thereby remaining open until the December 1988 rating decision which granted service connection for tinnitus and assigned a 10 percent evaluation effective September 21, 1987, under the provisions of 38 C.F.R. § 3.114(a). DECISION OF THE BOARD In accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), following review and consideration of all evidence and material of record in the appellant's claims file, and for the following reasons and bases, it is the decision of the Board that the November 1989 rating decision, which denied an earlier effective date for the grant of a 10 percent evaluation for tinnitus was clearly and unmistakably erroneous, and that the evidence shows that the proper effective date for the award of a 10 percent disability evaluation for tinnitus is March 10, 1976. The effective date for the grant of service connection for tinnitus at a noncompensable rate is March 11, 1967. FINDINGS OF FACT 1. A claim for entitlement to service connection for tinnitus was received on May 4, 1967, and was still pending at the time of the December 1988 rating decision which granted service connection for tinnitus and assigned a 10 percent evaluation, effective September 21, 1987, under the provisions of 38 C.F.R. § 3.114(a). 2. The November 1989 rating decision was clearly and unmistakably erroneous in ruling that, prior to March 10, 1976, service connection could only be granted for tinnitus if the tinnitus was due to head trauma. 3. The effective date for the grant of service connection for tinnitus at a noncompensable rate is March 11, 1967. The effective date of a 10 percent evaluation for tinnitus is March 10, 1976. CONCLUSIONS OF LAW 1. The November 1989 rating decision was clearly and unmistakably erroneous in denying an effective date earlier than September 21, 1987, for the grant of service-connected compensation for tinnitus. 38 U.S.C.A. §§ 1110, 1131, 1155, 5107, 7105 (West 1991); 38 C.F.R. §§ 3.105(a), 4.87(a), Diagnostic Code 6260 (1991). 2. An effective date of March 11, 1967, is warranted for a noncompensable rating for tinnitus, and an effective date of March 10, 1976, is warranted for a 10 percent evaluation for tinnitus. 38 U.S.C.A. §§ 1155, 5107, 5110(a) (West 1991); 38 C.F.R. §§ 3.114(a), 3.160©, 3.400, 4.87(a), Diagnostic Code 6260, effective March 10, 1976 (1991). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The provisions of 38 U.S.C.A. § 5107(a) have been met, in that the appellant's claims are well-grounded and adequately developed. Tinnitus Review of the appellant's claims file reveals that a claim for entitlement to service connection for ringing in the ears was received on May 4, 1967. The appellant tried to continue to prosecute that claim in statements received in December 1967 and January 1968, which were accepted as a notice of disagreement and a substantive appeal, respectively, as to other issues. However, the RO did not attempt to develop or decide the appellant's claim for entitlement to service connection for tinnitus until he again requested service connection for this disability in September 1988. Pursuant to the September 1988 request by the appellant, the RO granted service connection for tinnitus in a December 1988 rating decision and assigned an effective date of September 21, 1987, under the provisions of 38 U.S.C.A. § 5110; 38 C.F.R. § 3.114(a)(3). Those provisions permit authorization of benefits for a period of one year prior to the date of receipt of a request by a claimant to review a claim following liberalizing legislation, if the request for review was more than one year after the effective date of such liberalizing legislation. As the appellant did not timely file an appeal of the November 1989 rating decision which denied an earlier effective date for the grant of service-connected compensation for tinnitus, that decision is final in the absence of clear and unmistakable error. 38 C.F.R. § 3.105(a). That rating decision denied the appellant's claim on the basis that service connection could only be granted for tinnitus prior to March 10, 1976, if the tinnitus had been caused by head trauma. This is clearly and unmistakably erroneous because service connection could be granted for tinnitus prior to March 10, 1976, if the facts demonstrated it was incurred in or aggravated by service. Prior to March 10, 1976, a compensable rating could be awarded for tinnitus only if it was due to head trauma. Therefore, as the November 1989 rating decision was clearly and unmistakably erroneous, it is not final. The evidence presented in this case shows that the appellant had a continuous pending claim for entitlement to service connection for tinnitus from May 4, 1967, to the December 1988 rating decision that granted service connection for tinnitus. 38 C.F.R. § 3.160©. Thus, the Board finds that the December 1988 rating decision should have granted service connection for tinnitus effective March 11, 1967, the day after the appellant's separation from service, because his May 4, 1967, claim was filed within the first year following his separation from service. 38 C.F.R. § 3.400(b)(2). Effective March 10, 1976, liberalizing legislation expanded the instances for a veteran to receive a 10 percent evaluation for tinnitus to include acoustic trauma (which the December 1988 rating decision determined to be the cause of the appellant's tinnitus). The Board finds that a 10 percent evaluation for tinnitus should be effective as of the date of liberalizing legislation, March 10, 1976. A noncompensable rating is in order from March 11, 1967, to March 9, 1976. ORDER An effective date of March 11, 1967, is granted for the award of a noncompensable evaluation for tinnitus and an effective date of March 10, 1976, is granted for the award of a 10 percent disability evaluation for tinnitus, subject to controlling regulations governing the payment of monetary awards.
  17. I guess the 'Luck of the Irish' finally came through. This AM received a letter awarding "Entitlement to individual unemployability effective November 6, 2003". With "Basic eligibility for Dependents Educational Assistance" and also "No examination will be scheduled in the future." It was a long haul, but by rebutting every denial with specific citations from their own regulations. and stubborn persistence, my goal was achieved. The lump sum back payment from VA and CRDP make a useful sum too, now we can have a proper vacation. Hadit.com helped to inspire me to persist, and I'll be sending along a check to TBird very soon. Wish you all luck with your claims, and I'll probably spend more time on the board, once I get my backlogged Tricare claims done.
  18. "FINDINGS OF FACT 1. A November 1983 Board decision denied service connection for residuals of a postoperative discectomy at L3-L4. 2. In January 1986, the Board found that the previously denied claim of service connection for a low back disability had been reopened by submission of new and material evidence but determined that the evidence of record did not establish a new factual basis for granting service connection. 3. Of record before the Board in January 1986 was a March 1985 service department investigation report which determined that the veteran sustained a back injury on May 1, 1982, in the line of duty. 4. Evidence on file at the time of the Board's January 1986 decision undebatably shows that the inservice back injury during INACDUTRA was productive of disability. 5. The January 1986 Board decision involved misapplication of the law or VA regulation to the extent that it did not accept the March 1985 investigation report as binding on VA, and the misapplication of law resulted in an undebatably incorrect decision." from: http://www.va.gov/vetapp06/files3/0611534.txt This veteran had clear evidence of line of duty injury that the BVA had initially failed to consider. This one is great! http://www.va.gov/vetapp06/files4/0620947.txt "In the February 1982 decision, the Board concluded that the schedular criteria for an increased rating for schizophrenia had not been met and that the schizophrenia did not preclude substantially gainful employment" However: The Board's decision of February 1982 involved CUE with regard to both the reduction of the 70 percent rating for schizophrenia and the TDIU termination. Accordingly, the February 1982 Board decision is reversed and the RO is directed to reinstate the 70 percent rating for schizophrenia, effective the date of the reduction, and to reinstate the veteran's former TDIU rating, with an effective date of May 1, 1980, the date that the TDIU rating was terminated. ORDER Restoration the 70 percent rating for schizophrenia and the TDIU rating on the basis of CUE in the Board's decision of February 11, 1982, is granted. (26 years of retro---I sure am glad the veteran fought this) decided July, 2006. ____________________________________________ Gary L. Gick Veterans Law Judge, Board of Veterans' Appeals
  19. In August I was granted 80% and on 10-04-06 i was granted TDIU. This was 2 yrs. to the day that I had my severe GI bleed which due to severe low blood and low pressure I had a watershed event in the cervical cord resulting in spinal cord damage. My SO filed a 1151 claim for me. It took several appeals, SSDI, and disability retirement and all my medical records, and thanks to Berta and John 999's help, I was able to get TDIU. Thanks Berta, John 999, and Tbird. Also, Pete 53, thanks for your encouragement. Pete 53 is the first Hadit member that emailed me with words of encouragement. I had a difficult unusual case which I felt my SO didn't understand, the doctors even can't figure out what all really took place, but the IMO's and a letter from my wife to the VA and Berta's and John 999's advise was key. I filed the appeals myself. Thank you and I hope it works out for everyone here. mike
  20. I noticed today that the VA form for TDIU that I first submitted back in 1997 was wrong. I put the last job that I had in the last time you worked full time, but it was a part time marginal job that I took after I failed VA Voc. Rehab. The VA has used the incorrect information that I supplied as ground for denying me TDIU. I last worked full time in 1990, and was terminated due to SC migraines. I submitted a new TDIU form and explained that I wasn't requesting a new TDIU claim, that this was in reference to the present claim, I added my case #, and In Reply To #, and submitted two other Statements in Support of Claim: If the VA make a CUE I know that we can do something about it....but, if we make a CUE is it tuff luck, or can something be done? I hope that this might change the EED when I finally am awarded IU gotta think possative! Thanks for any thoughts and or experiences. BoonDoc "It's time for some psychoallergy" Mrs. Lisa Douglas
  21. Where might I find the regs for rating disabilities and TDIU that were being used in 1973? The baisis of my CUE is that the regs regarding TDIU were not applied in my initial claim 33 years ago. I am not quite sure what they were but I know they existed. How did the VA rate schizophrenia and depression and subsequent drug abuse 33 years ago? How did they get away with a ten percent rating?
  22. WOrked rather hard to apply for SSDI, figure its time for TDIU now. Any advice? thanks, cg
  23. Hello Everyone, The saga continues. My husbands C&P exam had been cancelled last week with one hour notice. We were quite upset because we were moving and we didn't know when he would be rescheduled and if we would even be in the area. UPDATE- My husband called and the VA rescheduled his C&P exam for the next week. (our last day in our town). He went to the C&P. It was performed by a contract NP. I was allowed in the room. She talked to my husband about his DMII primarily and some about his chest pain. SHe checked his breathing and the pulse in his feet. Thats all. It took about 15 minutes of talking and 10 minutes max for physical exam. In our letter from the VA it said the exam was a,"disability exam". Since my husband applied for TDIU I was expecting her to evaluate everything. She did what seemed to be a DMII exam. Also, we took copies of ALL doctors reports, she didn't want them told us to send them it to the VA. I'm not sure what just happened. She said at the end of the exam that my husband should hear something in the next 3 months. I thought he was supposed to be scheduled for exams for all of his conditions. Maybe he will have more C&P exams scheduled but we are now 8 months since claim filed. Jangrin
  24. The following information comes from the 9th issue of the DFAS Retired Pay Newsletter which I got via email yesterday. The Defense Finance and Accounting Service (DFAS) and the Department of Veterans Affairs (DVA) have finalized the plans to provide eligible retirees with their “complete” DoD military retirement entitlement to Combat-Related Special Compensation (CRSC) and/or Concurrent Retirement and Disability Pay (CRDP) and /or DVA disability compensation entitlement. Potential retroactive pay is due for more than 100,000 retiree accounts. Individual amounts will vary based on differences in disability amount as well as the length of retroactive period. Retirees entitled to additional money from DFAS will receive notification by mail of the amount and a schedule of payment. CRSC, which became effective in June 2003, provides non-taxable benefits to veterans who are disabled as a result of a combat injury. CRDP, effective in January 2004, provides taxable income to veterans who have become disabled while serving in the U.S. Armed Forces (not necessarily in combat). Surviving spouses or deceased retirees’ estates may also receive compensation. The DFAS began initial payments in September 2006 and the DVA plans to begin payments in October 2006. Individuals receiving a retroactive payment are those who are currently in receipt of either CRSC or CRDP and who have received an increase in DVA compensation since June 2003 for CSRC or January 2004 for CRDP, which was not offset from the retired pay entitlement on a current basis. Completion of the majority of payments is expected within six months, and it could take up to six more months to calculate and pay the most complex retroactive pay accounts. The majority of payments are being made utilizing a manual process. Complex accounts involve multiple DVA rating adjustments since CRSC and CRDP began, shifts by retirees between these two types of payments, ex-spouse pay entitlements and any other issues that require lengthy record searches. DFAS plans on paying the accounts with the oldest retroactive dates first. In some instances, recipients may be entitled to additional compensation from the DVA. In such instances, the DVA is responsible for the payments and will notify the affected retirees. The DFAS has established a toll free line that is operational from 8:00 to 4:30 (Eastern), Monday through Friday to address questions from CRSC and CRDP recipients who believe they might qualify. The toll free number is 1-877-327-4457. QUICK FACTS To be eligible, you must: Ø Be a military retiree (Army, Navy, Air Force or Marine Corps) Ø Meet all the requirements for either CRSC or CRDP eligibility Ø Have received payment(s) of either CRSC on or after June 1, 2003; and/or CRDP on or after January 1, 2004 Ø Awarded one or more increase in your percentage of disability by the VA on or after June 1, 2003 What will happen? Ø Retirees need take no action to claim any funds. Ø The DFAS and DVA will use existing records to identify recipients. Ø Recipients will be notified by letter of additional funds due. Ø Retirees may be eligible for payment from the DFAS as a restoration of retired pay or from DVA as a part of disability compensation. Ø In cases where retirees are due money from the DFAS and DVA, DFAS will provide information to DVA as needed. Retirees need take no action. When things will happen: Ø The first DFAS retroactive payments were made in September 2006. Ø The payment process could take up to a year, due to the large number of cases. Ø Once all eligible retirees have been identified, a general schedule will be published on the DFAS web site. Ø All retirees who may be eligible for additional money are expected to be identified by October 1, 2006. VA RETRO AWARD FAQ’s What do I need to do to receive my money? You do not have to do anything - no application is required. The Department of Veterans Affairs (DVA) is providing the Defense Finance and Accounting Service (DFAS) with eligible retirees’ Social Security Numbers (SSN’s). Both organizations are working together to provide eligible retirees with their full entitlements to both DVA compensation and Combat-Related Special Compensation (CRSC) or Concurrent Retirement and Disability Pay (CRDP). When will I receive my payment? The DFAS is planning to pay the accounts with the oldest retroactive award dates first. We ask that you be patient with us during this time as the payments are calculated utilizing a manual process. The DFAS has however developed some automated tools to assist in computing the payment. Every effort is being made to pay as many accounts as rapidly as possible without sacrificing correctness. A letter will be sent out shortly before any payment is released. Who will pay me the money I am owed? Any monies owed may be paid by either DVA or the DFAS depending on account specific calculations. Retirees may be eligible for payment from the DFAS as a restoration of retired pay and/or from DVA as a part of disability compensation. The letter you will receive will indicate which agency will be making the payment. I am rated at 100% due to individual unemployability. Am I eligible for a retroactive payment? You can only receive a payment for 100% with individual unemployability if the award is applied retroactively by the DVA. I disagree with my rating. What should I do? Disability percentages do not come from the DFAS. Disagreements in disability percentages should be directed to the DVA. You can contact the DVA by calling toll free 1-800-827-1000. How do I contact the DVA for the money they owe me? Questions regarding any monies due to you from the DVA can be directed to their toll free number (listed in the answer of FAQ #5). I received a letter in the mail from the DFAS but I never received the payment. What do I do now? If the letter indicated the payment was from the DVA, contact them by calling their toll free number. If the payment was from the DFAS, your payment was sent to the same address designated for your regular monthly payments. If your payment is delivered via electronic fund transfer (EFT) and it has not posted to your financial institution contact the DFAS telephone number contained in the letter you received. If your regular monthly payments are delivered via hard copy checks, please allow for mail times. If it has been at least 10 days since you received your letter and you still do not have your paper check follow the non-receipt procedures below: · Write a letter including name, SSN, address, missing payment type, date and amount · Fax the letter to (216) 522-5898 or mail to: DFAS Cleveland Attn: Non-Receipt Department P.O. Box 998005 Cleveland, OH 44199 Is the retroactive payment taxable? Only payments made by the DFAS for CRDP are taxed. They will be taxed at the same rate as your normal monthly payment. If the VA retro payment was made by the DVA, please contact them using their toll free number for taxability information. Will I receive a separate 1099R for this payment? No. If your payment was issued by the DFAS for an increase in CRDP as a result of a retro DVA award, the DFAS is responsible for withholding and reporting taxes on a Form 1099R. The taxable income will be included in your annual 1099R. If your payment is issued by the DVA, DFAS is not responsible for any tax reporting and will not issue an additional or revised Form 1099R. Is the retroactive VA award pay subject to garnishment, former spouse, etc? If you receive CRSC, you are subject to alimony and child support. Since CRDP is a restoration of retired pay, the same rules that would apply to your retired pay would also apply here. How can I contact the DFAS if I have questions? The DFAS has established a toll free line, which is operational from 8:00 to 4:30 (Eastern), Monday through Friday to answer questions from CRSC and CRDP recipients who believe they may qualify. The toll free number is 1-877-327-4457.
  25. We were finally told by the VSO's receptionist that we were granted 60%, supposedly combined rating for a few different ailments. We are expecting the SSSOC anytime now, she said we'd get it within a month with the direct deposit a couple weeks later for back pay. The only official paperwork we have so far is a letter saying "records show you have potential entitlement to total disability based on individual unemployability..." I am assuming that something I put in his claim about that hit a nerve somewhere and believe the secretary completely about the 60 percent rating on the way. I plan to fill out these papers and send them in hoping to be granted 100 percent due to unemployability. I have a question about another topic tho, it has to do with additional benefits for dependents. I saw a table showing pay due the wife and children when the rating reaches more tahn 30 percent. My question is "do I need to file something to try and claim this benefit?" or do they automatically allot it when they allot the back pay for the now 60 percent rating? and PS - how soon does one actually get paid after being notified of the rating change and back pay due? any info appreciated. thanks a BUNCH!! -belle
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