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  1. I was just wondering if it helps in getting A/A with the VA providing a Nurse Practitioner to come to your home instead of going to a clinic that is about 3 miles from my house? My wife also has to help me with most of my daily activities due to SC medical conditions. I am also in the process of getting additional documentation for my TDIU and Back/Sciatica claims and was also wondering if this may help me in getting these increases? I also receive Social Security for the above said disabilities.
  2. Just got the call from my DAV Service Officer. Granted TDIU back to April 2009 when I retired on FERS Disability. I'ts been battle to the BVA in 2012 which ended in a remand and today the remand got completed. I am so relieved it i finally over. Never give up if you feel you have a valid claim. It took me almost 8 years to get this claim finalized. This site has helped me in so many ways! Thank You!
  3. Didn't say for which disability the exam will be given for. Still have ankle condition, flat foot, scars, cervical spine IVDS, and TDIU claims that are open. Does the VA do C&P exams for TDIU?
  4. Need some suggestions or guidance. If I'm rated at 80% however still working but I can't afford to quit my job due to financial circumstances. I was rated 40% for my back and the other contentions make up the other 40%. My back is constantly bothering me leaving me with a footdrop and I've exhausted all of my leave and I'm a federal employee. I've had a steady work history but my leave is always on 0 due to my sc disability. I would like some guidance as to how should I go about filing for unemployability even though I have not had a break in my work history and I can't afford to have no income coming in while waiting to see if I am approved. I've had supervisors write up the employment questionnaire stating that due to my sc disability I'm always on a negative balance. Could some one please shed some light of the situation. Any feedback is greatly appreciated.
  5. Question When veteran goes to DRO Hearing and everyone Agrees to certain things about solving his claim and the DRO THE VETERAN & HIS REP...Are in good standing with each other, can the veteran request a Rater or rating specialist to be present at his Hearing? Reason why I ask this, what if the DRO agrees with certain things in the veterans claim...ok with the rating specialist at his hearing the rater can sign all and everything that needs to be sign & advise the DRO What paper work (proper forms) to be filled out..while at the Hearing. I remember way back yonder I had a DRO Hearing and a Rating specialist at my Hearing and We all came to an agreement/understanding and the DRO had the rating specialist to figure out how they could rate me for TDIU P&T...they expedited my claim that day with what we all agree on...had the rating specialist not been at my Hearing I believe my Hearing would have took another turn...turn to the BVA. Anyone know if the Veteran can request a rating specialist? if there's not any around that day just stay at a nearby hotel the next day and have your hearing with DRO and a Rating specialist. if need be. After all DRO hearing is granted to the veteran by the DRO to hopefully solve this veterans claim or claims. Anybody know?
  6. Last month I was awarded a 100% scheduler rating for my COPD. I am also rated for traumatic arthritis right ankle – 20%, traumatic arthritis left ankle ankle – 20%, left foot pes cavus with arthritis and plantar fasciitis – 20% and right foot pes cavus with arthritis and plantar fasciitis – 20%. I was also awarded Special Monthly Compensation (SMC-S). I wasn’t aware of what SMC-S was so I did some research to understand the additional benefit. Prior to my 100% scheduler rating I was awarded TDIU in December 2008 for my COPD (rated at 60%). In addition I also had the aforementioned SC ratings for traumatic arthritis right ankle – 20%, traumatic arthritis left ankle ankle – 20%, left foot pes cavus with arthritis and plantar fasciitis – 20% and right foot pes cavus with arthritis and plantar fasciitis – 20%. After researching SMC-S benefit it seems as though I should have been awarded the SMC-S benefit when I was awarded my TDIU in December 2008. What would be the best course of action. CUE claim? If so, can I submit a cue claim via e Benefits? Thank you in advance for any assistance anyone can provide.
  7. Good Morning ALL, I was writing to get some clarification. Just finished a claim and rated 90%. I did want to apply for TDIU but was unsure if filing it through ebenefits is the same as filing out VA FORM 21-8940? Can I file it on ebenny and fill out the form and upload it along with a 21-4192? Just looking for the best course of action. You have all been an invaluable asset to getting my claims squared away. Thank you.
  8. Hi all, sorry for getting lost. My increase/tdiu denial & cp examiner's rationale last August messed me up for awhile. I took heed from many on this board and believe I've recovered from being mad at VA. I'm not giving up! I signed up for Voc Rehab on ebenefits last month. The first thing Voc Rehab has you do is to take an online aptitude test at a place called Careerscope. They also send you a packet with an orientation date & time, a rehabilitation needs inventory form/questionnaire, and a medical info release form. I joined Mr.Ben Krause's Chapter 31 Voc Rehab Facebook page and purchased his Voc Rehab guide to learn as much as possible from him and other veterans. I'd initially thought, Ok, my regional office denial and the c&p examiner both used the reasoning, 'I should be able to work from home independently,' as why I didn't get an increase or approval for TDIU, so what would Voc Rehab say about my employability? Unemployability? I barely go anywhere or leave my home due to panic/agoraphobia. I've requested a telephone interview and notified Voc Rehab I cannot attend the group orientation I'm scheduled for in NYC. I don't drive anymore and a friend goes anywhere I go. Friends and family are not allowed in the Voc Rehab group orientation. I hate bridges I'd have to travel across and they make me panic. A city full of people will trigger my panic. Going into a VA building in NYC will trigger my fear of terrorists. Sitting in a room of other veterans will trigger me all over the place. I stress over and hope Voc Rehab gives me a telephone interview. What started out as one thing has turned into something else though. I viewed Voc Rehab as a shot at countering the C&P examiner saying that 'I could work independently from home,' and made some surprising discoveries instead. I'm asking myself how I can work independently from home! Dreaming about my very own photography studio and taking pics of babies/kids and adults is satisfying. I'd love to do it and maybe it would encourage me to function differently. A photography studio will be my first career choice if I get far enough into Voc Rehab to the point of them requesting a plan from me. Voc Rehab could help me attain- my independence. It's no fun sitting at home doing nothing. I'm aimless and hate that. Voc Rehab could also tell me I can get an entry level data entry job online. I don't know what Voc Rehab is gonna do or say in my case.
  9. My doctor has opined that my head injury has caused my insomnia and is exacerbated due to night shift. Minus staying up for 3 days at a time sleeping for 2 then back on that schedule my supervisors said I am an amazing worker. But HR deemed me a safety of flight and not allowed to work on aircraft at night anymore. My job is not a oud to make reasonable accommodations due to union contract. So now being in aviation it is hard finding any form of jobs during the hours my doctors both opined forcing me to resign from my last job and be unemployed. I just had Veteran Evaluation Services and a HR VA rep tell me it looks like they are trying to increase my % so TDIU would be moot I am currently 90% and will have a raise in % on my headaches which is currently at 0%. How can you get Permanent and total for a TBI that has been service connected and rated for over 6 years at 70%? I have been connected for both headaches/migraine and TBI as a separate rating I have been to the ER and two different doctors for pain killers for headaches they occur every morning until I take the meds, is it possible if they combined the two it will make it 100%?
  10. I'm currently at 90% and currently told my claim for TDIU will be granted and is being expediated because of hardship and my pregnant wife. Current employer is forcing me to resign but am currently on Medical unpaid Leave due to my disabilities this is a union environment collective bargaining so they don't have to accommodate my shift. I have resigned yet because I have medical through the company but to keep it I have to pay out of pocket. I'm not being paid on this leave and am stressing out. If I leave get TDIU I won't be able to afford Obamacare and my mortgage when it goes up in January let along food to eat. What's the deal I was also told my migraines might be increase but am going into a C&P for it within the month I'm rated at 0% service connected with migraines daily ER visits and pain killers prescribed with a Cefaly device. I don't know what I've started I'm know finally getting treatment from Polytrauma for my TBI. Thought things were looking up doing well at my Job at Amercian Airlines until the doctors sent in a request for a reason accommodation resulting in my unpaid leave now I'm xxxxxx. That's the short version of my issues I just want to provide for my family for their continued healthy life I don't care if it kills. Does anyone have any ideas what I can do or what might happen if I do except IU my TBI is being reviewed for unemployability? Should I see in the review if possibility of separating my PTSD from my TBI can be done?
  11. Finally, awarded 100% TDIU P&T on Oct 21, 2016. Paid back to April 2012. Still more hanging on appeal. A lot of help from this site. So far I have been able to help 3 others make some headway. (one to 100%) One other has filed intent and should be submitting documents this week. Thanks to all. Never forget HADIT. GLW
  12. GatorNavy

    will it fly?

    Trying to figure out if this is a valid claim for TDIU housebound: Nerve impingement cervical 20% (Primary) mood disorder 50% (secondary) THE ABOVE DESCRIBED IN THE DECISION AS TOTAL RA 40% DDD 20% HCV 20% Thanks in Advance!
  13. I'm trying to find out something that I have seen no info for on any VA or VA related website: I am at a normally combined disability rating of 90%, however I am being paid at the 100% rate for TDIU P&T. I was rated TDIU about 4 years ago and the award was permanent and total. Since then, retirement has been difficult since I'm only 37. I miss work. That having been said, about a year ago I was diagnosed with osteoarthritis and last Friday I found I have a bulging disk in my lower back, both of which are ratable under VA disability - they are however not currently rated since I didn't put in a claim, why bother, right? I'm gettin paid at 100% and my care is all taken care of. However, if I were to apply to service connect these as secondary to my existing service connected back injury - the only reason for the new stuff is the damage done to how I walk, move, etc from the old stuff - then I could possibly be rated from 90% combined to 100% combined anyway and retain the Permanent and Total aspect. The difference is, if they drop the TDIU off of my rating, I might be able to get a job again and easy my financial worries and get something of my old self back in the process. Is it worth it? Can I even do that? Or would the VA find some way to thwart me here and I end up losing the money I get and the benefits for my kids? My biggest fears are: The VA will find some reason to mess with me, somehow, someway. I'll open myself up to more scrutiny and all of a sudden I'll be getting all kinds of people trying to figure out how they can save Uncle Sam a few pennies by taking my benefits and decreasing them. And honestly, what happens if I do get a job and can't hack it? I was in the emergency room too many times from the last job I had and I am frankly a little worried by that. Will my kids still get their coverage? Will they even drop the TDIU? Or will they try to accuse me of fraud or some crap and try to sue or fine or imprison me? That may sound paranoid, but I've read some horror stories on this and other sites......
  14. Goodmorning, Last month I received my decision from the BVA.They granted me TDIU and 70% PTSD back to 1994. My question is will they go back and pay on each separate decision or Does the TDIU decision override the 70% PTSD decision. I was granted TDIU permanent and total in 2010. I filed a claim shortly after that 2010 BVA decision to have them go back to 1994 and BVA just finally granted it. My second question is since they are going back to 1994 on a granted TDIU claim, will I be grandfathered in for future c and p exams. Also, does this decision assist with survivor benefits when I pass away?
  15. Im currently in appeals for TDIU. In 2005, I was awarded VA pension, along with 40% SC. Because pension was more than the 40% compensation, I got pension. You get the greater of pension or compensation, but not both. Now, the VA is trying to say IM NOT unemployable. This seems to be a very bogus arguement, since THEY said I was unemployable in 2005, when they awarded pension, but that I was unemployable to NSC conditions. 38 CFR 3.3 (eligiblity for pension) states: A) Is age 65 or older; or (B) Is permanently and totally disabled from nonservice-connected disability not due to the veteran's own willfull misconduct. For purposes of this paragraph, a veteran is considered permanently and totally disabled if the veteran is any of the following: (1) A patient in a nursing home for long-term care because of disability; or (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner; or (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person; or (4) Suffering from: (i) Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (ii) Any disease or disorder determined by VA to be of such a nature or extent as to justify a determination that persons suffering from that disease or disorder are permanently and totally disabled. end 3.3 quote My question is, when the VA granted me pension, this pre supposes I met the "unemployable" criteria above, considering that I was NOT over 65, not in a nursing home, and I was NOT on social security disability. So, how can they now say Im not unemployable, when they already made the determination I was unemployable in 2005?
  16. The VA, within the past year, has denied claims for my ankle condition-bilateral, flat foot-bilateral, cervical spine IVDS, scars, and TDIU. I filed NODS on the above-styled denials, as well as other claims' denials including tinnitus, thoracolumbar IVDS, and another spine IVDS claim involving Section 1151.. VA has reopened the ankles, flat foot, cervical spine, scars, and TDIU..... plus reopened a claim for depression for which I already have a 50% rating. I sent the VA new and material evidence in the form of my medical records from my podiatrist. Not sure how it works when all these things get reopened like the VA has done. Guess I wait and see what happens next? Do NODS cause the VA to reopen claims?
  17. Remember the show "Pee Wee Herman"? My grandkids love it. In the show, they always had a "magic word". Whenver someone said the magic word, everyone screams and hollers. Well there is a magic sentence in VA claims. Here it is, now to test it, every scream when you say the magic sentence: "The VEterans condition is at least as likely as not caused by x event in military service". (Now everyone scream that is the magic sentence.) So, when you read your file, look for the magic sentence. If you are seeking TDIU, then the magic sentence is a little different: "The Veteran is unable to maintain substantial gainful employment due to service connected conditions"...(everyone scream). Finally, if you are seeking service connection for secondary condtions, here is YOUr Magic sentence: "The VEterans xx condition, is at least as likely as not due to the influence of his (primary) condition". Now everyone scream when you hear any of these magic sentences. Oh, yes..the doctor needs to say these.
  18. I thought I would share this Form 9 info because, even though I am 100% TDIU, the VA has screwed up the effective date, thus shorting me and my lawyer out of roughly $73k. When all is said and done, THIS is why disabled veterans should hire a lawyer. Do note the various "tricks" that the VA uses to deny appeals. This is what you can expect from the VA, unfortunately. Keep your eyes wide open, if you are at this stage of the process. This document was scanned and OCR'ed but several mistakes in the OCR are still present. Please ignore the grammatical errors and such:
  19. This is from the 2015 BVA Chairman's Report: http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf Wages v. McDonald, 27 Vet. App. 233 (2015): . The Board also found that “medical and lay evidence suggests that the [Appellant] was unable to work prior to December 11, 2009[,] due to service-connected disabilities,” but the Board concluded that it lacked the authority to award TDIU for this period, because the Appellant did not meet the schedular criteria for TDIU in 38 CFR § 4.16(a) and remanded the matter to the Director of Compensation Service (Director) for extra-schedular consideration. The Director denied extra-schedular TDIU under 38 CFR § 4.16(b) and the RO implemented the Director’s denial in a supplemental statement of the case. The Board then denied extra-schedular TDIU relying, in part, on the Director’s opinion. At the CAVC, the Appellant argued that the Board erred in relying on the Director’s decision as evidence against his appeal for extra-schedular TDIU and that the Board owed no deference to the Director’s opinion and must review this decision de novo. The Secretary argued that the Director’s decision is not evidence and that the Board may only review the factual basis of the Director’s decision for accuracy and completeness, leaving the Board without authority to overturn the Director’s policy decision. The CAVC rejected the Secretary’s argument, and held that the issue of entitlement to extra-schedular TDIU was not a policy question, but was a question of law and fact that fell within 38 U.S.C. § 511(a). The CAVC held that “the policy decision was made when the Secretary promulgated a regulation mandating that all Veterans who are unemployable due to service-connected disabilities will be rated totally disabled, regardless of the schedular ratings assigned.” The CAVC also found that the Board erred as a matter of law in assigning weight to the Director’s decision. The CAVC stated that the Director’s decision is the de facto decision of the RO and is not evidence that can be weighed. This case is significant because it establishes that the Board has jurisdiction to review de novo appeals concerning the matter of entitlement to extra-schedular TDIU after the Director has made a decision.
  20. Hello everyone , Here is short version of my story. When i got out of the military in 2007 i was rated 70 disabled. I filed for an increase in 2009 and was awarded one for my PTSD and Back pain and went up to a total rating of 90%. I was rated 70% for PTSD and 40% for back pain and the rest comes from others. I have not worked since 2011 and filed for another increased which was denied. I then file a NOD in August 2008 and have heard nothing about it. When I filed the NOD I also filed to TDIU. I was notified by the VA that they closed the TDIU claim because i had an open appeal. I was baffled by this but now it is no where to be found on ebenefits that I ever filed the TDIU. I have been waiting to hear about the appeal for over 2 years and nothing. Houston Texas is my regional and I called ISIS today and they said the turn around for appeals there is 425 days. I am well over 700 days at this point. They stated that the file was waiting on the DRO to review it. I am so tired of this. My condition has worsened and there is no VA hospital near me and I have since gotten a back brace and everything. I am scared that I will loose my children if I seek outside help. Anyhow I guess i am wondering if I should file a new TDIU claim or whether I should wait out the appeal and file another one after they deny it. They might even try to go for a decrease from what I am guessing. I just feel hopeless.
  21. I'm pretty sure there is information regarding my question somewhere but I'm still little confused on what is the difference between TDIU and P&T? I thought when you are granted TDIU you are automatically 100% and your kids and spouse are subject to chapter 35 benefits? and P&T just means it's permanent?
  22. Applied for TDIU three months ago on this last round of claim when my disability went from 50% to 70%. Denied. Today I got a copy of my podiatrist medical records/opinion where he stated that I was being seen for bilateral foot and ankle pain. The doctor opined that my condition is totally disabling. Too many medical conditions in his examination to describe pertaining to my ankles Does the physician's records have much of a positive impact? I am submitting this new evidence along with a new bilateral ankle claim. and a new tdiu claim.
  23. I was wounder if this is the norm. Its been over a year now my claim went from the recommended decision to pending decision approval back early June 2016. I live in NC and was told by my DAV rep that my claim is being reviewed in New Jersey. Ive gotten better about checking eben everyday and keeping busy, but its still a painful wait. Can anyone share any advice or self examples of what kinda of wait time Im looking at? The claim is a fully developed claim. Been told so many diffrent things by the VA and DAV that its hard to give them creditability at this time. Currently at 90% recived a letter from DAV they got from the VA stating TDIU from July 2015 - March 2016 then 100% schedular after March, but nothing offical yet. respectfully, Papahotel58
  24. Found out through my Healthevet today that my disability rating has been increased to 70%. Looked over the latest C&P done at the VA and the doc service connected me for allergic rhinitis. Got a 30% rating. The QTC exam is unavailable. I was examined at QTC for bilateral foot/ankle pain. I have been examined since by a private podiatrist after the C&P exam, and diagnosed with flatfeet and other foot problems requiring orthotic ankle hanger braces, shoe orthotic inserts,and injections. The VA ruled the flatfeet isn't service connected, even though I have evidence in my service treatment medical records. I developed shin splints from all the running/marching and my arches collapsed requiring the Army to issue orthotic spenco inserts and to restrict my PT temporarily. When I reached permanent duty, it was to an infantry unit that loved to run. Had more medical treatment for foot and ankle pain and running injuries. Diagnosed with posterior tibial tendon dysfunction in my medical records. Baffled that the VA can still deny this claim like they did. It all goes back to the PA C&P examiner at QTC that had to have opined my condition was less likely as not to be service connected. And this LIAR, a PA, in the reserves, actually told me he was going to help me. Looks like I'll be waiting a while until I win farther down the road, and win I shall. I also have a TDIU claim that hasn't been decided. I'm at 70% disability, and haven't worked since 2010. On SSDI since 2010. Sent the VA the SSA judge's decision/opinion. Have bunches of stuff going to appeal, even a 1151(malpractice) spinal IVDS claim for the VA failing to diagnose me when they should have(2008). ANYWAY....Ebenefits is still saying my claims are UNDER REVIEW, when they have been decided. Sorry... I got off topic.
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