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Found 1,819 results

  1. Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%. I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim. I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers. My question is I submitted the Form 9 before I gathered all of this evidence and it is still at the RO and they are reviewing the evidence. When I called the 800# for the status they said the status of the Form 9 was in Prep for decision phase/Ready to rate. Is this information correct? Does that mean that they are making a decision on the appeal? Or the IU claim? I'm kind of confused at this point.
  2. 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?
  3. Hello everyone I'm back. How's it going. Good I hope far as my mind set it has changed. After years of counseling and anti psychotics I have realized violence isn't the answer to my problems. I can't lie these past years I have been pretty much in isolation I only leave home to go to the store or fishing. I still have violent thoughts but I don't feed into my thoughts. I'm still having nightmares man if y'all only knew how many CPAP machines I have destroyed in my sleep the number of times my girl have been hit by my in my sleep. I'm still one dizzy camper I guess from tinnitus. Hey after waking up do any of y'all have hallucinations I see a black spider crawling around are a bunch of binary codes all over my room I can't lie all I love about life is fishing I have moved since last July away from friends and family I finally moved I wish I could have moved on the lake like a couple my old buddies on here but I live close to a bunch of lakes and I guess that's good enough. I still have major anxiety around to many people so pretty much all is the same only thing that has changed is my reaction time at first I use to attack first then think now I think before I attack which I don't attack no more I don't fight I don't even look people in the face and I try to tell everyone hello my violent days is over I won't squeeze my years of absence all in this one post but I have more to tell y'all I left I need some buddies who can relate with me ANG guess what I miss y'all kind words so here I am I do have some stressful stuff going on the va sent my tdiu or total disability to my old address so last month out of the blue they tell me that I'm getting paid for 90% and not at 100% total disability well of course I freaked out got dizzy and my thoughts was all over the place sooooo today is the first and guess what they cut my cash by 1200 dollars unexpectedly bills will go unpaid credit will start to deteriorate starting today I went to the office on the 17th of this month hoping that I could fill the right paperwork out that they sent to the wrong address hoping this stop them from cutting my cash noooooooope it didn't I am officially screwed as of today bouncing back from moving my family to the high desert away from the inner city drama into my new quiet place but yup normally I would have a violent reaction and have crazy violent thoughts and threats but nope I am calm I am mad but not violent I will try to solve this situation with niceness and calmness I have realized its no civilian FUALT that this has happened so this is where I'm at happy fourth y'all I'm back for now ???
  4. Here's a conversation starter (or not)... https://asknod.org/2017/06/14/tdiu-shulkins-new-albatross/
  5. tdiu 100% as of today

    Hello family today my family and i were fortunate to win our campaign for tdiu 100% and for one know that none of this would be possible with out you guys. I want to say thanks
  6. I've searched for a couple hours and can't find anything related to the difference between a 100% P&T schedular rating and TDIU. Isn't the compensation the same? A couple of people said I should be TDIU due to my 70% PTSD/depression, but I'm already 100% P&T, so what would be the difference/benefit other than reduced income from not working?
  7. tdiu TDIU + P&T

    Hey guys. So, I received my award letter, a good chunk of backpay, and my AB8 and other forms clearly indicate permanent and total. My question(s): Do I still have to recertify every year for TDIU? Will I still expect a 5 year review of my rating? Thanks! Commodog
  8. Question's I was turned down for TDIU and talked with DAV and he said get my letter from Social Security stating i can not work and the he would ask for a reconsideration, i did not have SS letter at the time i filed TDIU he said i would 99% be granted TDIU. However i have appeals in that looks as if i will become 100% scheduler anyway but by reading allot of statements from VET'S getting reduced after several years i think it would be better for me to go ahead and submit the Reconsideration for TDIU because if Social Security states i can not work due to my service connected injuries i doubt the VA would ever try and remove TDIU but with Scheduler if they think one of your 10 connected injuries is getting better they can do a C&P exam on you and you could loose your 100% scheduler 10 or 15 years down the road. Any Thoughts? TLaff
  9. I am getting scheduler 100 % with SMC and is P & T. A friend told me that I could get unemployability pay aiso on top of 100% with SMC & P & T. I don't know if this is true or not, can anyone tell me if this is true?
  10. I am a 100% TDIU veteran. I had a botched root canal through the VA sending me to a university dental school almost 5 years ago and, after a visit to an endodontist through the choice program, have been advised I should get extraction, a bone graft and two dental implants in the area where the molar is. My VA dental clinic has scheduled an appointment for next week to "review my options". I want the bone graft and dental implants. The endodontist said I would have a pretty wide area for a partial and they would have to crown the last molar for an anchor. Has anyone had this experience and was it approved? It looks like the big issue is few dental outlets accept the VA pay schedule and the VA must approve a variance to cover the cost difference.
  11. I have received TDIU for over twenty years for Brain syndrome what they now call TBI . For first ten years all award letters included P/T checked off in letters. Then started noticing P/T was not checked , went to DAV to get it checked out they said it was a computer glitch with some TDIU folks said they would get that fixed for me. Went to DAV today five years later, still not fixed , was informed I would need a physician's letter to verify I am in fact P/T. Told him the Va docs I have seen over the years are retired. They would be the only ones to verify my Brain syndrome(TBI) for all this time . Any suggestions from some of the members how to proceed? Went back with DAV to original award letter ending, " with no future exams" they had many years of award letters with P/T checked in their system ! I also Have a commissary card for 15 years!!!! They said it did not matter, need letter from doctor??? I know you guys no more then me!
  12. As to the strength of the support letter, on proper VA MHC letterhead, and the signature of a 30+ year VA psychiatrist, what do you guys think? How strong will that play a role in getting TDIU? I have submitted my 8940, but all three previous employers were unreachable, or non-responsive in regards to the other forms. Any feedback is appreciated! Thanks for all the support, Broncovet, Vync, Buck, and others. You guys have been awesome!
  13. I just left RO and was told that my finished BVA grant was floating around the RO and she could not tell me where. I guess I should start floating She also said to me that the retro may go back to 04 if the judge gave more probative weight to doctors opinion back in 04. In the judges decision she did reference fast letter 13-13 which I looked up and it explained that if a veteran claims a disability as totally disabling and submit the form stating that. Apparently the VA no longer consider increased claims as an automatic claim for TDIU. It would be great if they went back to the original opinion stating that I was unable to secure gainful employment and that I was advised not to work again. But hey I'll jjust float like the rest
  14. tdiu TDIU

    Hi everybody just received my TDIU C&P exams schedule for next week any suggestions. anything
  15. I recently went to my vocational rehab orientation and when I meet my VRC they told me that I didn't qualify for employment training/schooling. They said I would be recommended for independent living. They sent me home with some homework and I am supposed to research a few things I was interested in. I have approximately 18 months of benefits remaining. Wasn't clear what that meant. Im hoping that Asknod jumps in here and offers insight. Does anyone have knowledge of the independent living program? Does this indeed mean I have been granted Independent living? Are there more steps to take before it is granted or denied? If it has indeed been granted would this have a direct effect on a TDIU claim? Anyone with information or experience to share would be greatly appreciated. Thanks
  16. I'll try to keep this short and to the point. I have two other posts, on here in the TDIU section, wherein I stated my VA doctor had agreed to write a letter for me. This is what she actually wrote, and is taken directly from my notes within BlueButton in MyHealtheVet: The authorization was signed and delivered to her over 4 weeks ago. Release of Information has been very communicative with me, and has politely informed me that they have never received the letter. Worse than this, the doctor is now obviously avoiding contact with me. The last response she sent to me via secure messaging, was over 3 weeks ago, despite me messaging her once the following week, and "Secure Messaging" showing me that she had read the communication (a feature it has), but has not replied. I am running low on a particular psychotropic, and I have 0 refills remaining in MyHealtheVet, and was hoping we could avoid the whole withdrawal thing, and therefore requested a refill. She has read several requests I wrote her, informing her that the supply is running low. She still refuses to correspond with me. I contacted the clinic coordinator, and the front desk now knows my voice and name distinctly. The front desk has been exceedingly polite, and when I stated the doctor has not been returning my calls, the receptionist said, and I quote directly, "That does not surprise me at all....". The clinic coordinator has been polite, and both her and the front desk have reached out to the doctor, telling the doctor to call me, via secure message, instant message, and in person. The doctor told them she will call me immediately after her shift. She never called me, but says she left me a voicemail. I offered to share my call logs, or print them off, as I never received a call from said doctor, despite receiving numerous phonecalls from other individuals that day, mostly for the wife's medical appointments. This has been occurring since the middle of last week. Today (3/27/2017), I got a hold of her for about 10 seconds on the phone, but she immediately stated she was with another veteran and could not talk, but would call me after work. I understand that, and do not want to take precious therapy time from my brothers and sisters. I have, as of yet, not received a phone call, and am not entirely of the belief that I will. I think she decided to say "I'm not writing this letter in support of TDIU...", or got it in her head that I am chasing benefits, despite making this request 8 years deep into therapy, and attempting multiple jobs since then. Is there any recommendation you can make to me? Do any of you with hospital experience have any clue why she would avoid me so obviously, or not take time to correspond with me? Any recommended course of action? I'm getting kind of pissed about this...
  17. After 34 years, I was finally competently diagnosed with TBI on My Nexus dated 4-9-16, and I finally had a medical Root cause for most all of my misery since about the 3rd day of my job in the Service. Now, I have got my first VA TBI meeting next week: maybe an hour meeting or less. I was not told to bring anything, but I am going to be prepared to unload it all with notes, since I walk into rooms and don't know why half the time due to a fading short term memory. If there is any reference to indicate what to expect, I'd appreciate the link. If I try to prepare for everything, I just get bogged down and accomplish little. I guess after the first meeting, it could go in any direction as complicated as the brain is. But I figured at the first meeting should be pretty routine, even if it also adapts to the Vet's particular syndromes. Also, I've got a current TBI claim with many secondaries and TDIU in the process. SO I don't want to screw that up as bad as my life for the last 34 years (almost to the date) courtesy of the US Army. Thanks if anyone knows, cares, and has a chance to respond!
  18. I have been on 100% TDIU for several years, and now I am coming up on age 65. I have a basic employee provided health insurance plan through Aetna from my Teachers Retirement System of Texas. This TRS-CARE1 program has informed me that after age 65, that they will become a "secondary payer". If I understand this correctly, what was once an 80/20 plan (TRS-CARE1) now becomes a 20/80 plan. I have a number of questions/concerns in how that works with VA 100% TDIU Disability. The VA has been billing Aetna (TRS-CARE1) for services I receive from the VA (contracted rate, 80%, etc). How does this change when I turn 65? I am receiving SS benefits at this time, so I assume that I will be auto-enrolled in Medicare A&B. Correct? Do/Will I need to up-grade my parts A&B? What about part "D"? I currently get all my meds from VA, wonder if having an outside option would be worth the cost? How much of a supplemental insurance plan do I NEED? Can I depend on the VA to continue to cover me at 100%? What if I have an auto accident and am taken to a non-VA hospital room? Do I get stuck with the out-of-pocket expenses? FWIW, hit deer on Harley a year ago, spent 32days in hospital and VA re-hab. Got lucky since I never lost consciousness and was able to direct EMS to take me to the VA designated/contracted hospital... THIS TIME. Bill was over $200k. Everything got covered between VA and Aetna... THIS TIME. Still ride Harley, so what will happen under "Medicare" in an out-of-network emergency in the future? (my biggest concern) I have attempted to talk with Aetna, but all I seem to get are sales-people who refuse/can't give any advise as to options. They only ask WHAT do I want... Not helpful to me at all. And when I watch the news that TrumpCare wants to 5X elder health rates, I get very depressed. BTW my major disability is TBI, so that may be factoring into my panic/depression about this as well. Not having fun... 8-(
  19. I could not sleep at all last night thinking about what I am faced with. First off I know that the VA must require that evidence must include the veterans statements regarding his or her level of impairment when deciding the claim. I know someone must realize that if there is no input as the level of disability from the veteran then all the cases would be truly one sided and there would be no need for us to say anything about our conditions if they are going to be systematically omitted. I looked over my decision from the BVA and missing from that decision was all the lay person statements and my statements pertaining to the effect of my condition on my daily life. I also could not find reference to all the medications that I take for my heart conditions. As a matter of fact it seemed that the BVA wanted to get me to 100% exclusively by way of my pes planus and plantar fasciitis. They conveniently ignored my coronary artery disease while disproving it by simply citing the many tests that I had over the past 15 years regarding level of ejection fraction and METS. I know that is a noted procedure that gets a lot of weight, but there is a regulation that says the VA just can not submit test verbatim without giving the board the total picture of the veterans disability to include any statements from the veteran and any other laymen that give statements. I just do not know where I saw that information. I am also worried about the BVA use of the two medical doctors' opinions given back in 2002 and the weight that is given to it, stating that, that evidence outweighed the most recent opinion made by the C&P examiner. I have included a portion of that decision for you guys to look at. I posted it elsewhere because I did not quite understand that I could have a stand alone post on this site. I want to know a couple of things so I can get on with my life and not worry myself into the grave. One. Am I grasping at straws when I say that the BVA did not consider my total disability picture when it did not reference my assertions about the effects of my condition on my daily life, regarding every test result and opinion as the whole truth from my previous exams with respect to coronary artery disease. Two. Should I consider filing for reconsideration to the board or an appeal to the CAVC. Here a copy of the decision and you tell me if I have an issue or I just do not understand the application of TDIU
  20. tdiu TDIU

    you may entitled to a 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service connected disabilities. If you believe you qualify, complete, sign, and return Veterans Application the enclosed VA form 21-8940 , Veterans Application for increased compensation Based on Unemployability . I just had a c & p exam about two weeks ago for MDD VA DR. gave 30 percent not sure of the gaf score my private DR. gave a Gaf score of 45. Here's the break down 30% MDD caused by chronic pain 20%rt shoulder 20% left shoulder secondary to rt. shoulder 10% rt clavicle 10% left bicep secondary to rt. shoulder 10% foot 0%scar Total 70% I'm currently on SSDI because of my service connected disabilities 1. should I appeal for a rating higher than 30% base on the my 2 private DR. gaf scores of 45 2.my bilaterial factors rt. shoulder combined with my left shoulder and left bicep will this give me the 40% need for a 100 percent rate. 3. will they consider the 30% MDD + 20%rt +20%Lt+10%Lt+0%scar all of this as one injury.
  21. tdiu TBI

    Severity of my Tbi is not a question and it's also SC. It's been rated at 70% in 2010 and took an appeal to grant SC. The judge also ordered me a C&P for an increase. If it is increased to 100% by it self and if I am still able to work can i? I know I can't if its TDIU which I do not want at this time, currently 90%. I know I'm looking for a job were my memory won't hinder my ability to do the job, nothing in aviation apparently. This is what is in the hospitak record, "cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes" would this be able to apply for a bilateral issue? I know its considered bilateral in my brain left and right frontal lobes.
  22. Hi Everyone, Does anyone have experience with SMC for total rating plus 60 percent or housebound status? I think Berta raised a red flag on this for me before but I believe I know have found the regs for it. Anyone that could provide any addtional info would be appreciated. Here is the deal: During my temp 100% convalescent rating for my L3-S1 fusion surgery performed in March 2009 I was awarded this SMC based on the fact that I had a 100% rating (my back) and a 50% mental rating and a 30% asthma rating. Why I wasn't considered for housebound I have no idea because I only leave for appointments. I can't sit, stand, or walk more than a few minutes at a time without switching those positions. So they take away the SMC when my convalescent leave is up in July. I was awarded TDIU for May 2009. Recently my SO asked the RO for regular aid and attendance for me because my wife can't work because she needs to take care of me (still waiting on this one). The rating decision even included a statement from the RO admitting this. Anyway back to this SMC. I'm reading the Veterans Benefits Manual and guess what I see? To get this SMC it states there are two ways: First you have to have one service connected rated at 100% and addtional service connected disabilities involving a different bodily system that are independently rated at 60% (411). The second way to get it is have one service connected disability rated at 100% and be housebound. The RO stated because my back went to temp 100% and my mental 50% and asthma 30% this is why I rated it. Well I am reading the the little notes at the bottom of the VB manual and it states this: (411) 38 U.S.C.S. 1114(s); 38 CFR 3.350(i)(1) (2007). In a VA Gen. Coun Prec. 66-91 (Aug. 15, 1991) and 2-94 (Jan. 21, 1994), the VA general counsel held under 38 U.S.C.S. 1114(s). several separately rateable disabilities cannot be combined to achieve a single total (100 percent) rating in order to qualify for the special monthly compensation. The threshold requirement for entitlement under this statue is that the Veteran must have "a" (that is, at least one) disability rated as total. Here is the big verbiage for my case - The 100 ratings under 38 CFR 4.16 (TDIU), and 38 CFR 4.28 (prestabilization ratings). 4.29 (ratings for disabilities requiring hospital treatment), and 4.30 (convelescent ratings) of the rating schedule may be used as a basis of entitlement for SMC. See VA Gen. Coun. Prec. 66-91 (Aug. 15, 1991); See also manual M21-1MR, part IV, subpart ii.2.H(a.) Sounds like the RO should have never stopped paying me the extra $295 a month for this SMC based on the award of TDIU in effect once the convalescent leave ended................... anyone??????????
  23. I call the 800# they told me they can't tell me anything. The letter was sent out yesterday. I am just wondering about back pay. I stopped working in 2012. First filled for IU in 2010. Back in August I filed for increasing in disabilities. Was approved but don't know where or how much back pay to expect.
  24. First of all wanted to start this out by saying thank you to all the members on this site. I have been doing all my own research and very often arrived here. Today I decided it might be better to get direct contact instead of lurking in the shadows. The short version is that I have not been able to find work after separating, I'm currently on unemployment to keep myself out of debt while I figure this all out. I was in school for a few months and while I was struggling a bit I did my best to push through which was kind of working out for awhile. Eventually I started getting to the point where I could only manage to push myself to get to class and landed right back in bed afterwards. This effect snowballed and now I have just been medically withdrawn from university after missing 2 weeks of class. Those two weeks I could not get out of bed almost the entire time, I have been taking my meds and everything but sometimes depression just decides its going to mess your life up and you don't have the will or energy strong enough to overcome and keep going. But back to the point, the VA awarded me 30% for depression, anxiety and insomnia combined into one rating. Trying to figure out how I am going to get by and what I can do to survive brought me to the vets group on campus where one of the other guys after hearing what was going on suggested trying to get my rating increased and possibly seeing if I am eligible for individual unemployability. After reading how the VA scores depression I believe I might be in the 70% range but I'm not sure how to go about this. I've got the NOD paperwork but didn't want to fire off half cocked. I look to you all for some help with this as time and again I've seen this community help each other navigate the labyrinth that is the VA. My question here is multifaceted, which I will break down for easier reading and responding. 1. When filing a NOD should I go for DRO or traditional? 2. What evidence should I include with this to increase the likelihood of conveying my situation properly? 3. Should I talk to my doctor about trying to raise my percentage or keep the two separate? 4. Should I focus on the depression or give information on insomnia and anxiety as well/ would they all go together? 5. Lastly What sort of timeframe should I expect, I've seen people saying a few months and others waiting years later. Thank you all for any help you can provide and if you need any more information or clarification I will gladly supply it. (There are other things in my disability claim but they are much minor to the mental health issues and I believe the ratings I received for the others were fair or fair enough.)
  25. I just turned 63. I am rated 100% P&T/TDIU. When I reach 65 and become MEDICARE elegible, will VA benefits based on unemployability automatically end? Would they automatically end at some other retirement point? I don't honestly know for sure, but it seems like if an award is based on unemplloyability, that you'd lose it when you're no longer of working age (not my common sense, but the way the gubment seems to think sometimes :-)