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  1. Guest

    Call From Regional So

    I am in shock. The SO out of Detroit just called and said he had my decision in his hands. 100% TDIU, P&T. The effective date is August 2004. I need to thank T-Bird and the family on this forum. God Bless you'all! Now I think I will just sit here in a daze and try to absorb the great news. LOL, Terry Sturgis
  2. I am completely confused. We filed an appeal for my husbands low back pain, depression and Right lower extremity radiculopathy. We got the paperwork back and the statement of case states 1. entitlement to an increased evaluation for back strain with annular bulge L3-4 and L5-S1 with limitation of motion at 20 percent disabling, and right lower extremity radiculopathy at 10 percent disabling is denied. (He already receives 20% for his back) 2 Entitlement to service connection for left leg pain and numbness. It list all the evidence Adjudicative Actions Listed all the the claims submitted and when and notifications of decision. 05-23-2006 De Novo Review performed based on all the evidence of record. Evaluation of low back strain now evaluated as low back strain with annular bulge L3-4 and L5-S1 and limitation of motions at 20 percent and right lower extremity radiculopathy at 10 percent, service connection granted for major depressive disorder at 70% disabling, entitlement to individual unemployability granted, and basic eligibility to Dependents' Educational Assistance effective November 25, 2003. What does this mean? Does it mean what I think it does! Then there are pages about filing an appeal. Are these for if we still want to appeal the 20% for his back? Please help me, I can't begin to get excited until I know for sure. Thanks, Pat in Fl
  3. If I was given SC 10% for each leg and each arm how much more would I get if the bilateral factor were taken into account. I was given separate 10% awards for all limbs based on peripheral neuropathy. I am 80% TDIU so I did not really get excited about getting a few more percentage points.
  4. does anyone know what the triage unit and pre determination teams are? was told today that is where my TDIU claim is. Thanks Leroy
  5. Hello Hadit, Haven't posted lately but continue to read posts. I received an answer from BVA on my six year old claim. Approved right knee arthritis due to left knee. Approved for GERD due to meds taken for arthritis (0%). Rating increased from 60% to 70%. Increase for lower back Spinal Stenosis with nerve root impengment, increase for left knee and TDIU were remanded to the AMC. I received a call from DORN VA HOSPITAL, Columbia SC for a C&P. Was told to "Come on down". I live about 70 miles away but if they offer you a C&P the same day you take it, well, if you can. I couldn't beleive I got a C&P exam this soon, Two weeks after receipt of letter from the AMC. By the way, my increase was back dated to FEB 2003 so I guess I should get a little change. Thanks to the info here I've been able to work my own claim. Things should have progressed sooner but VARO Columbia sat on my first remand for about two years, but what can you do when we all know they don't follow their own rules and regs. Lets keep up the fight and get what we deserve. LLEWELLYN
  6. I applied for tdiu in dec 2004 and was denied in feb 2006 because I did'nt meet the 70 percent criteria ask them to reconsider their decsion becase of letter I recevied from social worker stating that i am unemployable and was denied again in apr 06. In may 2006 was increased to 70 percent which now meets the criteria. question is should I appeal the decsion or just fill out another tdiu form? how long do it usually take for the tdiu process an what can i expect?
  7. I am currently a 50% combined and have two claims for reconsideration pending. MY PCP at the VA wants me to file for SS disability (said he would write me a good letter recommending). I plan on filing for TDIU, I need some clarifiaction on part of the policy: 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (2) Disabilities resulting from common etiology or a single accident, I have 40% combined on my back and arm from injuries I received in a MV accident. Is this what 4.16 (a)2 is asking for? I'm not sure if I will receive an increase on my request for reconsideration. If not I will file NOD, how long does a NOD take? More than likely I will leave work and file SSD before they are even settled. I have short & long term disbility at work but its offset by any money receviced by VA (st gov job) so money will be tight at home. I've tired my best to keep working, but now I'm to the point I'm gonna have to go. What do you guys think my chances are and about how long will it take to get TDIU? Thanks
  8. I was doing some research, as I'm scracthing my head at the conflictiing reports of my Vet Center therapist, and my Psych at the VA. The Psych filled out in an evaluation form for the Voc. Rehab people, that she considered me "Temporarily" Unable to have gainful employment. Well lo and behold here is a little diddy about "temporary" TDIU. There seems to be a difference between that and Perm. and Total. I'm looking forward to adding this to my claim as I have been crushed finacially the last 3 years from my issues. If I should ever work again, that would be fine with me, but all I know is the last 3 years have been hell. Somehow my wife has stuck in there with me, but I don't see it for much longer. Hope this helps someone else. http://www1.va.gov/ogc/docs/PREC52005.doc
  9. Can someone help me explain how to answer this letter I am not sure how...Here is what the letter reads. Dear Mr. Brinegar. In reviewing you 11-01-04 Notice of Disagreement(NOD), it appears there may have been additional issues mentioned that you were in disagreement with. Currently the only issue on the appeal is for an earlier effective date for individual unemployability. We neee you to clarify which specifice issures from the 09-21-04 rating dicission you are appealing. If we don't receive your written clarification within 30 days we will take you lack of a response to mean that you are only appealing the effective date of the awward of indvidual unemployability.. The following is a list of possible issues from the 09-21-04 rating decision: Iffective date of service connection for urinary incontinence; Evaluation of 30% for urinary incontinence; Effective date of sevice connection for irriatabel bowel syndrome; Evaluation on 10% or irritable bowel syndrome; Effective date of increased evaluation for thoracic spine condition; Evaluation of thoracic spine condition,is curruently 10% Effective date of service connection for erectile dysfunction; Evaluation of 0% for erectile dysfunction; Effective date of entitlement to indvidual unemployablity; Evaluation of lumbar spine condition, currently 40%; Evaluation of residuals of right ureter repair, currently 0% If you have any questions or need assistance with your claim contact 1-800-827-1000. If you call refer to VA Claim number shown on the first page of this letter or you can contact us through our website at ...... ________________________________________________________________________________ _________ Okay this is my question, if anyone can help me, my husband was caught in between two 5 ton trucks, he was a mech. in the Army and the guy that hit him didn't have is glasses on but was ordered to go help my husband anyway, he was still waiting for his perscription for his glasses, the guy that hit him. So, when he had this accident on Nov.5th 1979 he had several injuries including a broken back which the VA refused to believe until 2001 they did admit he did break his back in the Army during the accident. He applied for benifits as son as he was discharged, there was a paper he signed asking if he was going to file a claim and he stated yes. So when he was released he did just that he got awarded 10% from 1979 until 2001 for contusion to the right kindney and torn urter. Nothing for the fractured back, adhesions, disfigurement of the penis and stomache, or incontince of the bowels and urine. Now he does get an amount for lack of use of a organ(penis) we have filed claim after claim and had to file bankruptcy because of all the bills he could never get the proper medical attention nor our children and one of our boys was very ill and had to go to the children's hospital in Seattle and I had to quit Nursing School to take care of our child. I am saying all this that now that the children are grown they are willing to give my husband 100% nothing for adhesions and the depression, have several documents that state he can't work. I am disabled and can't work now, I was getting SSI until he got 100% from VA now I don't get anything. I thought my husband should appeal the time because we have been going back and forth with the VA and everything was denied stating his back was deformed and now he has adhesions from all the scarring from the bladder and kindney along with IBS and his back his awful and he is on so much pain medication. I believe that had he had the right care several of these things could of been prevented. I want to say the it was a clear mistakable error (CUE) on thier part. The VA does agree now that his back was fractured in the accident but at the time until 2001 they would not give an inch. Now if he applied right after the service and he got denial after denial but now they are willing to give him 100% but I am not sure how to respond to the letter. I just want my husband to get the money that should of been awarded to him and his family's care when he couldnt get jobs because of the physical exams they did prior to hiring for jobs. As soon as employers seen the fractures they knew that he was at high risk for the job. He did have some jobs but he never really got that much ahead and he was always in so much pain. Now, he can't be anywhere without a tolit and I have to clean him up which I don't mind but he is very sad and embarassed as a man and our sex life. If someone knows how I need to address this letter please help me. Also let me know what kind of things to send in to them. I feel they should go back to the date of the accident, but my husband doesn't think they will do that for him. Please help him and me in anyway possible. He is only 50 yrs old and he deserves to have what is owed to him. Thank you and sorry for the length of this letter. Tammy in Montana
  10. Hi everyone, I'm scheduled to go and see an Ortho doctor in two weeks, The doctor is a retired army Ortho surgeon. He was the Doctor that helped my brother get his TDIU and did the surgery on him. VA respects his decision when it comes to disability. to give everyone a run down on my condition, I'm getting 30% for PFPS for my left and right knees, I was graded as 5257, and this was many years back. Now, my right knee has osteoarthritis, I have GERD, and I've got (according to the civ Doctor report) Cronic degenerative Disc disease in my lower back with osteopenia above that soon to be osteoporosis if i don't get my calcium under control, I've been taking fosamax but it has not done me any good so i had it changed to beniva. I also use a cane. Question: is there a link between osteoarthritis of the knee and lower back osteoarthitis?. (one case was at Doctor Bash's website no. 24) http://www.veteransmedadvisor.com/list2.html Question: what if any, documentation should i take to the Civilian Ortho doctor?, I don't want to screw this one up like i did in the past. I do have recent X-Rays here with me. my brother said not to take anything and not to mention VA. Thank you, Peter
  11. A Hadit friend who came here who has had a claim going for over 8 years called me today and told me he got a big check from the VA. He had a good claim but a bad VARO and than AMC and back to VARO but with his second IMO he broke through and was awarded 40% last August which really helped him a lot. This weekend he got the award letter it was 90% but not with TDIU or 100% P&T like it should be. We have been talking on telephone now for 3 or 4 years a few times a week most of the time. He has multiple injuries and for some reason the VA just could not get it right. In fact they still haven't but they are very close. He and I both think that Dr Bash is the reason he won.I know that some here on Hadit help a lot more behind the scenes than people know. So if you have been waiting a long time please don't give up. MT Scull waited over 20 years to get his and it took Kim to help him.
  12. Hello Hadit, Haven't posted lately and hope everyone is well. I received a decision from the BVA Feb 15 on my six year old claim. Service connection for GERD granted 0%. Right knee disibility caused by Left knee 10%. Overall rating raised from 60% to 70%. Increase for left knee, lower back and TDIU remanded for further development. Received a letter from the AMC stating they would be doing the development for the remand but work on those items would not begin until the paperwork for the increase is completed. Please allow 90 days. (still waiting) From what I understand there is no retro CRDP. Which means I will lose whatever little increase in CRDP I would have got for the months prior to the month DoD is notified. Is this correct or have I confused myself? If I'm correct then this is another tatic being used to cheat us out of more much needed cash. I E-Mailed the Veterans Affairs Committee and asked "wouldn't it be correct if the VA notified DoD the month the increase is approved so the veteran wouldn't lose that pay since VA pay is retroactive and sometimes takes months to issue?" Oh well, I was just thinking if the right person read this it just might generate a few questions. I know I'm only one disgruntled disabled Vet, but who knows. If one shot can start a war, well --------------------------. WAYNE (LLEWELLYN)
  13. Had a C & P at audiology. The ENT that was supposed to cover my chronic otitis just wanted to talk about my tinnitus. Fittingly, sitting in audio for my tinnitus, the main topic was my otitis! Had the same snake in the grass that made her recommendations against my case in Dec. and I expect little else this time around. Is this some kind of a standard routine? mixing these up so nothing is conclusive and records are in the wrong folder or something? What are the odds it will be done over? The main feature of todays visit was a repeat of my Dec. hearing loss C & P. I guess they were hoping to get an inconsistent test if not create one! Naybe drop me back to 40% or call me a fraud! I have trouble with tones on the fringe - I don't know if I'm hearing them or it's my tinnitus. I started to raise my hand near the end because I thought I heard a faint high tone repeating. About that time she was in the booth taking off the headset - still heard my sound! A couple of them I felt the strong vibration of the machine at max, but never heard anything! As usual, stopped at ROI and arranged to get the records ASAP. Told the guy I'd see him in a week for 2 more. Another work week and I'm beginning to "jones" for a 70% total rating so I can start the ball rolling - OPM disability - SSDI - TDIU! My post office is currently faced with a safety hazard notice I've had to file twice now over them not activating (and reportedly not even ever setting up) the vibrating pager system that has been in place for years and has left me in the building during the last 2 fire drills. It has occurred to me (wishful thinking) that THEY may be the ones to suggest disability retirement! If I were to die in a fire, I don't think my wife and kids would have money problems!!!
  14. On March 14th, BVA granted me an increase from 80% to 100% TDIU from April '96 back to May '92. Question for all is how long will it be before I see the green? What is the average time? Been 2 1/2 weeks now and I seem to remember it came quicker than this on a previous back pay. Thanks.
  15. I received a letter from VARO regarding one of my appeal issue regarding TDIU. They have requested for me to send them a former employer address and contact number. I worked there 11 years ago. Could this mean that they are considering awarding TDIU? On the same letter they said that I had earlier stated that I wanted an informal hearing with an DRO officer. The letter same this wasn't possible because a De Novo review had been completed and they want me to let them know if I wanted a hearing at the VARO??? B)
  16. Hi, just wanted to check something. If my husband is 100% schedular, not TDIU, can he receive 100% of his military retirement pay, as well? Right now, he's receiving partial military retirement pay (concurrent receipt). Thanks.
  17. I am doing the happy dance for my friend, who just got her 100% P&T notification. I had been bugging her to file for unemployability, and she finally did last fall. She just got her notification, she was rated 100%. Previously she was rated 60% for the MS, so she is really affected by the MS. Thanks for all the past advice I have learned from HADIT, it really helps me help other vets. cheers, Liz
  18. I am schedueled for a C&P March 24th. The only claim I have pending is TDIU. I am at 70% with 60% DMII with Neuropathy. I have an appointment Monday for Podiatry so I will see if I can find out what the C&P is supposed to cover from the lady that does scheduling. Has anyone else had a (TDIU C&P)? Thanks for the help. Terry Sturgis
  19. I received two letters recently. One was the same generic letter from the RO Columbia SC saying they had received my claim for benefits. This was from my approval for GERD and Right Knee for payment from my appeal. The other was from The AMC saying they are developing my Remand for other increases and TDIU. This is my third Remand for this six year old claim. My question is, has anyone elses Remand been developed by the AMC? I thought all claims Remanded from the BVA went back to the RO and the AMC was just a holding area? WAYNE (LLEWELLYN)
  20. Hi all! Same old whines from the vets wife about no hope in site for the VA claim. Went to doctor lately and more tests are set up to compare to the earlier tests. We called the VSO (VFW Joe Humphrey) in Louisville. He has told us all along that his job deals with when the case goes up in front of a board or court. He has not helped us otherwise except pushed a few papers thru. When we requested froms from him, he sent some of the pages for us to fill out - now in the permanent record it looks as if we left pages blank on purpose, etc. It goes on and on with him. We are due a SSOC and the on to Washington. We asked about a hearing and he said today that we had to write him a letter about it. He had never said anything like that before - just alluding to the fact that that was when HIS job kicks in and he does his thing. We evened had to argue with his about presumption laws. Is he that clueless or is it just he is THAT much a yes man to the decision makers to always guarantee our denials? I am positive we expected too much, thinking a VSO could answer questions about our case and advise us of tests, etc to prepare the case for the decision makers. This one knows nothing of the case and does nothing for it or us. We think is time we got new VSO, but are so scared to delay case more. Yet we have never had any assistance of any kind in this from any VSO and truly dunno what to do or which way to turn. I came to this board whining before. And many are super and try to be helpful, but they are so far more advance then (me) as my husband does the going to the doctor and that's about all toward his case. I called Randy Fisher of Lexington and left our number - I hear he is good with the Gulf War Illness claims. My question is 1) Is it too late in the game to sseek help (a new VSO)? and 2) Will he be as overworked as the rest and not have time to really do anything to help? I am sending in statement to request a hearing due, and ask for TDIU. Other than his doctor's appts and testing at VA - is this all we can do to help ourselves? The years keep rolling by and the marriage is not gonna hold up. I just wanted to try and get him his disability thru VA before I leave. I cannot wait years more. Please help, and clues?? I need hope. Thank you again as always. -Belle (Sonya)
  21. I finally received a reply from the BVA on my appeal. I was sc for GERD and Right Knee due to Left Knee disability. REMANDED for TDIU. Wants new C&P exams for Left knee, spine for nerve root compression and opinion for TDIU. This is my third remand in six years. Well, it's not a denial so I should be thankful, right? I,m currently Rated 40, 20 (left knee) and 20 for 60%. I can't seem to figure how bi-lateral percentages are figured. Is there a schedule like the combined rating schedule? I'm guessing no more than another 10% for each one. I didn't know if I should post this under success stories or not since it's a remand. Can anyone give me some idea how to figure this? THANKS
  22. Is there a VA website with the requirements for filing for 100% compensation due to individual unemployability?
  23. I am rated at 70% and was sent VA form 21-8940 for Indiviual Unemployability to complete for verification of income and VA form "Employment Questionnaire". I am self employed and don't know what amount should be put in box #16 item F on the Individual Unemployability form? Is it my gross monthly income for my business before expenses? or what I put in my pocket after expenses? On the Employment Questionnaire what would go in box 4F? I was told by a VA employee at the regional office in Lansing MI that the dollar amount the VA looks at is my net income after expenses. I was told to also send my schedule c from 2004 - it shows a net income of $3,882.00. My total business income before expenses was $15,100.00. Do they caluculate in my VA benefit and Navy CRDP as income? I am confused. My vet rep said he thought it was gross income overall. Any help would be appreciated from anyone who knows how to fill out this form. Thanks for having this resource - Anthony
  24. http://www.va.gov/vetapp01/files02/0117428.txt This veterans compensation had been reduced! You can readily see he was dealing with a lot- The BVA even stated this: "The veteran's CUE motion and supporting arguments are vague and imprecise as to the precise legal basis by which he seeks to invalidate the November 1982 Board decision. He maintains first that the termination of the TDIU was "illegal and irresponsible," and second, that the VA examination performed in November 1980 was inadequate." Regardless of that he fully restored his benefits due to CUE. The American Legion repped him but I bet they probably didnt offer him much support -and his initial CUE was probably way too long. I say keep everything as short as you can because lets face it-no one needs to read page after page if the point can be made simply. Especially on CUES- Roland- ( known this vet for long time! glad you are here!) if I didnt email you this in the past I can if you need this case. just email me- This BVA CUE vet persisted! And throughout the actual claim that led to the BVA case he apparently was concise enough to get a good decision from the BVA. Cue criteria: 1. final decision 2.misapplication of regs and or laws at the time 3. outcome manifestly different (more retro or restored benefits- in this case) My two present CUES at VA are limited to about 5-6 sentences each and I attached copy of the decisions being CUED. One CUE I filed many many years ago- I wasnt even sure if it was a CUE or not in those days-1995- I simply said: WHERE's MY MONEY? And then I stated ( I was really mad) the atrocious error they had made in a decision and sent them copy of the decision.I called it an obvious clear and unmistakable error that anyone who could do simple math should not have made. I threw in capricious and arbitrary too.I was livid! Three weeks later I got the money- That claim is in one of my very old computers-something about their decision letter suggested I could not appeal it so I filed it as a CUE.
  25. I would like opinions on a SSOC for my TDIU. Sample as follows: I am 70% service connected with 60% DMII therefore I meet the guidlines for application for TDIU. I recently transfered some of my statutory duties as elected Township Supervisor to the Township Clerk. My monthly wages are now $700.00 per month as of March 1, 2006. Clearly below Federal Poverty Guidlines. I am requesting TDIU and will continue the claim to get the benifits as deserved. Respectfully, TJS. Berta, et all, I would appreciate any suggestions as to the composition of this SSOC. Also it is now time to file for SSDI. Thanks and God Bless, Terry Sturgis
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