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  1. The 5, 10, 20 year rules... Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary. Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped. Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced. If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists" At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review. NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected. ------ Example for 2020 using the same disability rating 1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 RESULT: 10% Protected from reduction in 2018 (20 years) 2020 - Service Connection Increased @ 30% RESULT: 30% is Protected from reduction in 2040 (20 years) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- Second example for 2020: Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T. For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
  2. I need some guidance or suggestions from the experts. I am currently at 100% schedular (temporary, not P&T). My higher Service connections are: Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis) = 60% Migraine including migraine variants - also claimed as decreased concentration = 50% Residuals of traumatic brain injury (TBI) = 40% Insomnia disorder - also claimed as sleep disorder and insomnia 10% and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as injuries to every joint. I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings. Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December! On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020. The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria. So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages. Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities. Lastly, those forms are the worst part for me. I DO NOT want to have to fill those out, especially the one you have to bring to your former employer. My company was located off-base, so they never even observed my daily performance. The military supervisors who were over me have since moved on as it's been over a year. Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance! The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment." I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list. What is your take on all this? Do you know if there's a way that I can have them close or remove the IU portion and the required forms? Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. Any help would be much appreciated.
  3. Hello Vets Its been 5 years since I filed my appeal. I am still at 10% sc and I am asking for a rate increase and or TDIU. Since my initial decision my back issues have gotten so much worse. Constant pain in low back with muscle spasms. and now I have neck issuses causing my Right arm to go numb during sleep and throughout day. Opinions on my outcome Anyone have similar problems or can relate to my story. I'm on SSD for 5 yrs as well. One month after I was granted VA comp at 10% I was awarded SS disability unable to work.
  4. file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
  5. P&T (Permanent & Total) Status • You can be 100% IU (Individual Unemployability or TDIU) with or without P&T status • You can be 100% schedular with or without P&T status. • You must be either 100% schedular or 100% IU to be P&T. That is what the 'T' is for (Total) • P&T=Permanent & Total which gives you no future reviews (unless you request one by filing a new compensation claim or filing for an increase) and more benefits for dependents including dependent education assistance (Chapter 35) and if not Tricare eligible, healthcare through CHAMPVA. --- If you are 100% or 100% IU and want to check...--- Some people already have Permanent & Total (P&T) and don't realize it. Log in to the va.gov website. Look under 'Records'. Click 'Download your benefit letters'. On the next screen click 'Get Your VA Benefit Letters'. Next: View Letters Select 'Benefit Summary and Service Verification Letter' To see if you are P&T, the statement will say "You are considered to be totally and permanently disabled solely due to your service-connected disabilities." --- If you are 100% schedular or 100% IU you can file for P&T status is you don't have it. There is no legal timeframe when P&T status is automatically given EXCEPT if you have been IU or 100% schedular for 20 years.
  6. Recently awarded 70% for Bipolar Disorder, granted TDIU, proclaimed P&T, with correct claim date determined. I must Thank all of you for keeping my hopes alive over the years, when darkness set in. I must publicly thank Bergmann & Moore, LLC of Bethesda, Maryland, for without their perseverance and capabilities, I would not have had any measure of success. Professional in every way imaginable. I can not say enough about their latest hero, Fatima. Fatima, thanks for being rational, thoughtful, knowledgeable and thorough! Mr. Bergmann and Mr. Moore, you two rock!
  7. First off, hello and thank you in advance for any help that can be provided. Also, I apologize if something is not clear, trying my best to keep things concise. On Friday, May 15, I received letter from the VA, dated May 11, proposing a rating reduction from 100% to 70% for PTSD. The only evidence for the change listed is Rating Decision - Narrative(17SEP18) and DBQ PSYCH PTSD Review(06MAY20), whereas on my initial decision letter there was an abundance of evidence used. The major takeaway appears that my medical records(both prior to and after the initial rating, also from VA facilities) were not considered in this proposal. Is this normal? I have yet to obtain the most recent C&P as I just received the proposal letter, but intend to attempt on Monday, May 18. Looking at the proposal letter though it seems that examiner didn't check a few specific boxes that were checked on my previous C&P. Other than that the differences appear to be minor. The two lists are as follows: Original C&P Gross impairment in communication Suspiciousness Depressed mood Suicidal ideation Near-continuous depression affecting the ability to function independently, appropriately, and effectively Disturbances of motivation and mood Chronic sleep impairment Near-continuous panic affecting the ability to function independently, appropriately, and effectively Difficulty in understanding complex commands Total occupational and social impairment Panic attacks (weekly) Difficulty in adapting to stressful circumstances Neglect of personal appearance and hygiene Difficulty in adapting to work Inability to establish and maintain effective relationships Flattened effect Panic attacks (less than weekly) Intermittent inability to perform maintenance of minimal personal hygiene Difficulty in adapting to a worklike setting Anxiety Difficulty in establishing and maintaining effective work and social relationships Intermittent inability to perform activities of daily living Gross impairment in thought processes New C&P Forgetting names Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgement, thinking, and mood Depressed mood Suicidal Ideation Near-continuous depression affecting the ability to function independently, appropriately, and effectively Disturbances of motivation and mood Mild memory loss Forgetting recent events Chronic sleep impairment Near-continuous panic affecting the ability to function independently, appropriately, and effectively Difficulty in understanding complex commands Panic attacks more than once a week Difficulty in adapting to stressful circumstances Neglect of personal appearance and hygiene Difficulty in adapting to work Inability to establish and maintain effective relationships Impairment of short- and long-term memory Flattened effect Difficulty in adapting to a worklike setting Anxiety Difficulty in establishing and maintaining effective work and social relationships Forgetting directions I bolded the important items not that were not checked on the new c&p which led to the reduction proposal. It seems strange to me that new symptoms were added, however the very specific ones that would've caused the rating to remain the same all disappeared in just 1.5 years even though there is no noted improvement in my actual medical records. What exactly is my next step? I have written a few statements of disagreement contesting the proposed reduction and pulled my VA medical records and will be getting a copy of the new C&P shortly. I have no idea were send the items as it is unclear in the packet. It says I have 30 days for one option and 60 days for the other. I don't think I need a notice of disagreement or start the appeal process as the final decision hasn't been made(this is a poorly worded question)? Can I also request that they consider TDIU if the rating reduction is finalized or will I have to start a new claim for that? Should i send TDIU forms with my statements of disagreement and records? I have been avoiding poking the bear and not filing claims for other conditions, some of which are caused by the various medications they have me taking, should I start filing claims for those as well? And finally, if I do have to file for TDIU separately, should I start the claim now so that the date is saved? Do I submit the claim before or after I receive the final decision on the proposal? Sorry for the long post. I'm lost as to what to do next. It took me over 5 years of being denied before they would actually service connect anything and now this. Thanks again for any help, it is appreciated.
  8. Do they qualify for a retiree ID? Do they qualify for PX & Commissary privileges? Do they qualify for state benefits for being rated 100% P&T? Even if their DD-214 states Other Than Honorable?
  9. Are you having trouble with a TDIU claim, TBI claim or any old claim that was never developed or decided? I posted this earlier on Tbird's question, "Unemployability and Working in a Sheltered Environment...?" Just received an example of this in a decision by the Executive Director, Compensation Service which I will attach after redacting. My part time employment from September 1987 to September of 1990 consisted of working for a CPA business manager of a now deceased movie star. (Egg and I actor as a hint). The job was a 20 hour per week job by the previous employee which I couldn't keep up putting in more than 40 hours a week. I'll also attach a copy of my employer's May 7, 1990 statement. The job paid more than poverty level. These documents should help clarify to any who have a question about this subject. I'll also start my own question where I can answer questions about how I got to this point. Now I'm just waiting for a $500,000 plus check. A lot of years in abject poverty under the bridge but I'm now in a nice home which will be fully paid for and I'm having a Japanese spa bath put in in the basement. Feels good but was a miserable live from 1974 to 2017. Hasn't been bad since I turned 76 in 2017. Now, at 79, it is even better. Still the issue of temporal lobe epilepsy (TLE) to go but it is more an act of activism since additional compensation doesn't mean much to me. I don't want those with similar organic brain syndromes to mine left behind on that paper trail. TLE is difficult to identify and identification is complicated by the victim being unconscious of the symptoms. We are thought of as being "drifty", absent minded, procrastinators (from enervations), etc. and no one connects it to our TBI and advises us or gives us a consult to a neurologist for epilepsy evaluation. Look up that $100 dollar word, "enervation". If you've had a TBI, especially if caused by near by blast concussion or repetitive outgoing heavy artillery (not me, mine was focal left temporal lobe) or p. falciparum malaria, you need to ask your family and friends if you are a little drifty or inattentive at times. If you've had Motor Vehicle accidents that you blamed on the other guy but it could have been your inattentiveness this is hard evidence. If you had malaria and have any of the symptoms I listed, contact me through this board. Compensation for those victims is the last goal of my life. At 79, I don't have too many more years to work on it. Also, if you have a TBI award post 2008 for a TBI years before contact me. I filed a case in 1988 in district court as a next of friend making a claim for you that has never been developed. Same case as my TDIU. An award to me would be moot because my new TDIU award goes back to 1985. But we may be able to get that Executive Director, Compensation services to take our TBI awards back at least as far as my claim but possibly all the way back to when the symptoms first interfered with our employability. I was finally treated for my TLE in August of 2015 and all symptoms are in remission. I was confirmed to have TLE in September of 1990 but mistreated with Tegretol which should never have been used for the diagnosis of "atypical absence seizures" and because I had a recorded sensitivity to amitriptyline per the 1990 PDR and every PDR after that to date. Subsequently, I was diagnosed as having "pseudo seizures" which too many read as being a malingerer. At 79, I'm more employable now than I was at 35. But I lost my most employable years to a 3.154 1151 treatment. It is on my NOD of 01/08/2018 and the claim it is on. I'll keep everyone posted on its development. 3526-3527 19900507 Al Marsella Stmt_Redacted.pdf 20200408 - TDIU Review - Admin Opinion_Redacted.pdf
  10. For example: a veteran with PTSD works for a family friend’s business. The family friend provides the veteran with an office and duties that afford limited interaction with other people. The veteran’s salary pays his bills, and is over the current poverty threshold. Because the veteran’s job has been tailored to his individual needs (limited interaction with other people), his job is considered to be sheltered, and therefore falls under “marginal employment.” The VA cannot consider this job as being substantially gainful employment, and must not use it against him in determining IU. https://www.hillandponton.com/unemployability-iu-guide/ Marginal employment shall not be considered substantially gainful employment. 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. Significantly, however, marginal employment may also be held to exist, on a facts found basis, based on employment in a protected environment such as a family business or sheltered workshop even when earned income exceeds the poverty threshold. Consideration shall be given to all claims as to the nature of the employment and the reason for the termination. 38 C.F.R. § 4.16(a).
  11. I’ve done the VA claim-bit on my own. I don’t know if this is a mistake or not. I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 1. The c&p dr was lying to about her recommendations; 2. The c&p dr was telling the truth about the recommendations; 3. The rater will decrease my % 4. The rater will increase my% Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances? The IU could help a lot, I’ve not been able to work much the past few years.
  12. Hello Hadit Helpers, I feel like I am stumbling around blind. I hope someone can help me see. I was service connected in 2011 severe anxiety due to mst and a bladder condition. I have not had gainful employment since ETSing in 2004. I was re-evaluated for an increase and received an overall 70 - 40 -10 but started being payed at 80% in 2016. In June of 2019 I applied for TDIU. I hit the make a decision now button on ebenefits, which was like shooting my own foot for lack of patience, not realizing that this meant the VA could not request any further info from me. In August I was denied, and obtained an attorney. The attorney took over and ebenefits is showing the privacy act starting on October 4th and my claim is now in the evidence gathering/decision making process. Estimated end date of April 2020, the attorney says 3 years, but I know there are new systems in place to make things move a little quicker. I am looking for any information that you all would have about what is actually happening. I don't know if this is a NOD or what. My case manager acts like I am a major pain and won't give me any info and I fear she has no idea what she is actually doing. =( I assume it is not an actual appeal yet, because my case manager said they would have to wait for my c-file before they would appeal on the next denial from the VA. I am so confused, If any of you experts could find the time to help me I would greatly appreciate it. I have always dealt with the VA on my own with no previous denials, but never fully understood what I was doing. I thought hiring an attorney would change this, but I still feel just as blind as before.
  13. I have recently learned that I my be eligible for a grant from "Monetary Trust Fund", would this cause issues with my TDIU?
  14. I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % rating for ptsd but didn't file anything for the tdiu, at this time hired a va lawyer before I got my 70% rating thinking id have to appeal if they denied my ptsd again but they didn't so then I kept the lawyers on as they looked at my files for more things to be done and then they had me file tdiu paper work again but then on OCT 31st they filed a higher level review for my TDIU decision going back to march when it was denied. My two questions are how does HLR handle tdiu claims and cause I was denied originally for it for lack of rating and lack of medical evidence does my new c&p in June and my medical diagnosis with recommendation that got me to 70% now, will that evidence be included in the review of the tdiu or is the Review just of the evidence that was available at the time of the original denial back in march? I've been out of work for over a year as well but haven't kept a job down for a decade though I've tried for sure. OIF 08-09 1-22 INF, 1 BCT, 4th I.D. Also do granted my tdiu effective date should be Oct 2018 right as my intent to file date? Thanks
  15. Those who are smart concerning SMS' s do you know.... Lets say a veteran has a TDIU rationg for a back injury. Then at a later date is awarded a 100% rating for a totally different issue, so because he can't be rated 100% schedular and TDIU at the same time the TDIU is revoked. The same veteran has a seperate single 60% rating, and is awarded SMC L 1/2 or Aid & Attendance. The same veteran has additional ratings that alone combine to 60%. Under Bradley V peake TDIU can still be Considered due to the possible award of SMC... So Now lets say the veteran is rated 100% with SMC L 1/2 ( a 100% rating and a seperate combined rating of 60%) For SMC purposes only he is entitled to TDIU for a different problem ( TDIU awarded based on a seperate and additoinal rating of 60%) ( this would be like haveing two seperate 100% ratings and a seperate combined rating of 60%) The question: Based on Bradley v Peake would this veteran be authorized any additonal SMC's above L 1/2 http://www4.va.gov/v...es3/1027802.txt VA General Counsel had issued a precedent opinion holding that a claim for TDIU may not be considered when a schedular 100-percent rating is already in effect. See VAOPGCPREC 6-99 (June 7, 1999). That is, the issue was essentially moot. However, the opinion was withdrawn in November 2009 after the United States Court of Appeals for Veterans Claims (Court) determined that there was an exception to the opinion when it decided Bradley v. Peake, 22 Vet. App. 280 (2008). The Court held that there could be a situation where a veteran has a schedular total rating for a particular service-connected disability, and could establish a TDIU rating for another service-connected disability in order to qualify for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) by having an "additional" disability of 60 percent or more ("housebound" rate). See 38 U.S.C.A. § 1114(s) (West 2002 & Supp. 2010). Therefore, the TDIU issue is potentially not moot.
  16. I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?
  17. Posts containing questions about TDIU Fixed the link below https://www.google.com/search?newwindow=1&hl=en&ei=T5IVWueYNcqJ0wKl05M4&q=tdiu+OR+unemployability+site%3Ahadit.com&oq=tdiu+OR+unemployability+site%3Ahadit.com&gs_l=psy-ab.3...15170.16865.0.17999.
  18. This may have been answered elsewhere but as a long time lurker I have not been able to find it. A brief background. I am at 80% SC (70% for a mental health disorder, 10% for a couple of physical disabilities). But nearly all of this has been awarded through BVA appeal process that has been on going since 2009. Part of the appeal has been TDIU. In short the RO did not automatically send the 21-8940 to start the process when I hit 70% RO and I didn't know I qualified. Once I did know I appealed and it became a part of the 2009 ongoing BVA appeal, but joined it in about 2014. A social/industrial survey was ordered (2015) but not completed as the social worker at the hospital completing it didn't know what it was (he thought it was a survey of current patients). So the BVA appeal has gone back to the common BVA Remand to RO SSoC to BVA Remand tennis game for a few years. A mess. Here are my current questions: I have been awarded new service connections and ratings since the TDIU denial part joined the appeal. I have also moved, so the 2009 appeal is at the original RO where is any new claim would go to my, now, more local RO. 1). is there any way possible to file for TDIU now, through my local office since new service connected disabilities are present? 2). Just general opinion if you could, but I had been told that it is detrimental to an appeal to request that RO handling the case be changed or moved to the most recent or local RO. Does anyone have any insight if this is actually true? The old RO is a hassle, its keeps sending appointments and decisions to the old address no matter how many times and ways I update my address, for instance. Thanks vets, any help I get I'll try and pay it forward.
  19. Hi, I was just hoping to get some feedback on a letter I am planning to submit to the Boston Regional Office on Tuesday. Here is some background information: The BVA awarded a partial grant of benefits last November and I am still waiting for the retro. On January 15, 2013, I went to the regional office for a status check and was told that my file was on the VSCM's desk awaiting his signature. (I am expecting over $25K in retro.) So he has had my file since at least this date and the delay continues. As I explain in my letter, I should have had the money by December 12, 2012. Anyway, here is the body of the letter: "The Board of Veterans Appeals (BVA) awarded a partial grant of benefits to me in a decision issued on November 16, 2012. My individual unemployability effective date was changed from July 16, 2009 to December 11, 2007. Accordingly, I am entitled to a retroactive payment of benefits. It has been almost three months and I am still waiting for the funds to be deposited into my bank account. In its decision, the BVA also remanded a matter to this Regional Office. As you know, matters remanded by the BVA must be handled in an “expeditious” manner as required by law. While this term is not defined, the VA Adjudications Manual M21-1MR (Manual) provides that “pon receipt of a remanded appeal…the DRO, VSCM, or his/her designee ensures that review and development of the remand are initiated within 15 days from the date of receipt.” It further provides that it is “important” that “[t]he VSC should implement BVA’s grant or partial grant of benefits in any favorable decision before initiating development of the remanded appeal.” Merriam-Webster’s Dictionary defines the word “should” as the past tense of “shall.” When used in the context of laws, regulations, or directives, the word expresses an action that is mandatory. A copy of the relevant page from the Manual is attached for your review. In addition, VBA Fast Letter 10-02, which I previously submitted, requires partial grants to be implemented “immediately.” I find it compelling that the author of the letter, Bradley G. Mayes, happens to be the Director of the Boston Regional Office. The Regional Office received my file from the BVA on or before November 27, 2012; therefore, development of the remanded matter should have been initiated by no later than 15 days, which was December 12, 2012, and the retroactive funds should have been disbursed prior to then. According to the eBenefits website, my appeal has been in the “authorization review” phase since December 6, 2012. As you know, BVA decisions are final and binding on the Regional Office. As such, I am puzzled as to what is left to authorize and review and why there has been a significant delay in implementing the BVA’s order. I received retroactive payments on multiple occasions in the past and each payment was deposited into my bank account within a week of my receipt of the rating decision. It is ironic that now it is specifically required that the grant be processed expeditiously and yet I continue to wait. Considering the foregoing and my Statement in Support of Claim dated December 6, 2012 (including the attachment of the above-referenced fast letter), I respectfully request that the retroactive payment be deposited into my bank account of record by no later than February 19, 2013. Thank you for your assistance." Thank you to everyone for the feedback. P.S. Should this letter not have any impact, I may contact the BVA Ombudsman's Office for assistance. Has anyone dealt with this office and what were the results? Sergeant G
  20. I filed a claim in october of 2018 for ptsd and TDIU, long story short I tried to do everything myself and didn't have the proper diagnosis so I was service connected for anxiety based on having a medical marijuana card diagnosis for anxiety but the rating was 30% and I much worse off then that. So I obtained a referral from the va to a fancy psychiatrist from the university of north florida's behavior health department and was diagnosed with ptsd, bi polar 1 and panic disorder. I used this new medical evidence as my supplemental claim evidence and filed it April 16, 2019 after receiving my letter March 20, 2019. My claim is now at Pending Decision Approval with an estimated completion date of july 2, 2019 which is super fast from all I have read. My question is, Am I going to be awarded tdiu with the evidence I submitted if they adjust me up to 70% which I think it will . Or if they award 70% for ptsd on this new supplemental claim will i have to re-apply for tdiu again? Or would that all be considered in the final review of the entire claim? Thanks for any help. 1-22 1BCT 4th I.D. "Regulars by God"
  21. Do anyone know whether there is a va regulation that say " the RO cannot ask for your claim to be consider or ask for extra-scheduler. I know I read this somewhere but cant find where. A BVA judge has to do this be consider as such .extra-scheduler
  22. I first found this forum after I started my claim Aug 7, 2018. This was 10 years after my discharge. I had done everything I could to stay away from the military after my experience and had never even been to the VA before this year. I prepared my claim myself and was concerned I would be denied. I posted my c and p exam results here October 31, 2018 and members commented on their thoughts of success or failure, and said I would get about 50%. I then took my exam results to the Veteran rep here at my local unemployment office who told me ultimately I would be denied and should appoint a representative and prepare for appeal. I choose the DAV and left with my spirits a little crushed, but after reading people stories here I knew I had to remain hopeful. Nov. 29, 2018 I received an email from the DAV with the Decision that had been made even before I could see it. The email stated I had been service-connected at 70% PTSD permanent, also approved for TDIU and Dependent Education, but Ebenefits still said pending approval. So again I came to the forums for assistance and posted a copy of the email. I was met with congratulatory responses and assurance that the email was legit. @GeekySquid then messaged me a ton of information about benefits that were now available to me. It was from that information I was able to start the process of getting my life back on track. Im currently working with VR&E also known as Voc Rehab, to go back to school. Geeky told me they would give me hard time but to be persistent and it paid off my counselor has approved my long term goal of a Masters Degree. I can not put in words how thankful I am for this forum and its Members.
  23. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCYQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch03%2Fpt04_sp02_ch03_secD.doc&ei=pfpoU9SCF4SPyATMzIKoBw&usg=AFQjCNF9K_I2UBBOXGTq0vWy6O0-OioFmw&bvm=bv.66111022,d.aWw Under # 13 "Change Date March 20, 2011 a. Principles for Determining the Offset Amount Under 38 U.S.C. 1151 The amount of offset must not deprive a Veteran of any part of the compensation payable to him/her if a claim under 38 U.S.C. 1151 had not been filed. Do not offset any amount if the disability compensable under 38 U.S.C. 1151 does not increase the total amount of compensation. The offset provisions are applicable if compensation for a particular disability is payable solely under 38 U.S.C. 1151. If compensation is otherwise payable for that particular disability, regardless of previous evaluation, then no offset is required. Reference: For an example of a situation in which an offset is not required, see M21-1MR, Part IV, Subpart ii, 3.D.13.g. " This reg explains what a new member might need to know...... if you get 100% or TDIU and then have a separate Section 1151 issue, in most cases there is NO offset to your SC comp of the 1151 payment. I think I explained here last year of how and why the VA, after a 100% SC award had already been established, and paid as an accrued award to me , had to also award my deceased husband's additional 100% 1151 award ( as an accrued award) in 2012 as a separate payment to me with no offset to the past accrued awards ,or to the Nehmer IHD award. These are complex legal 38 USC 1151 nuances that most vet reps probably dont have a clue on. And VA sure doesn't want 1151 claimants to know of this reg either.
  24. I have been rated 80% with TDIU since 2013. I recently attended my 5 year re-evaluation for PTSD. My exam results showed up on Myhealthyvet today, but I shouldn't get a decision until June or July according to VA.gov. I just wanted to know what you guys thought my rating "MAY" be based on this C&P. Of course, my PTSD and MDD are firing at max speed right now worrying about it. My concern is the part where the Dr says "Moderately Severe" PTSD and depression. I have heard stories about the raters pulling small words like that out and using them for a reason to reduce benefits. Thank you in advance for your time and responses. cp1.pdf cp2.pdf cp3.pdf cp4.pdf cp5.pdf cp6.pdf cp7.pdf cp8.pdf cp9.pdf cp10.pdf
  25. I'm put in my claims for PTSD and migraines. I plan on filing for TDIU due to both. I'm currently in a protected work environment. I was also fired from my last job because of my migraines. Would the VA send me in for another C&P exam right after just having gone through one?
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