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  1. I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see. I have looked at the ebenefits letters. The commissary letter states " compensation at the 100 per
  2. I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control
  3. I am currently 100% TDIU 70% PTSD 20% Back. I am on an ALJ appeal with social security. The judge has made a decision within 2 weeks of my appeal date. what are my chances that the letter is a favorable one. Thanks in advance
  4. Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&
  5. I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia. I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities. Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?
  6. If I were to get a job where I was considered a Virtual Employee(with a big company) and Worked from my home. Is that considered a "sheltered environment"? Meaning would I get in trouble for working from home and make more than the poverty threshold? Thank you Scott
  7. I accept asknod’s points: 1. Only the Secretary can award ER. 2. There’s no way to appeal a *denied* ER petition. 3. There’s no way to file an NOD for a denied ER petition. 4. There’s no way to file a Writ at the Court. 5. ER is a one-shot deal that’s not appealable. Nevertheless, I have a question: When VA provides its rationale for denying a petition for ER, and a review of the record unequivocally demonstrates VA misstated the record, is there a way other than NOD, CUE, Writ, or, Appeal, to urge VA to revisit its denial? To put this question another w
  8. 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 i
  9. 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 u
  10. I am rated at 70%, 10% for each knee, 20% for right shoulder and 50% for Depression and alcohol abuse due to chronic pain. I also receive social security disability. Does anyone think I should try and get TDIU. VSO stated that I may get denied and even have my rating lower.
  11. Asking if a TDIU filing can be rescinded by the vet before a ruling. No editorial comments please, just asking for a yes or no from someone who knows for sure.
  12. i just got 100% disability and i am trying to find out where to get a card or is there a card that will show i am 100% disabled. do i need this to use the commissary?
  13. Hello all. First I would like to say the information here has been very helpful with me being able to understand the VA claim process. I've been a reader of this forum for a while have have learned a lot from reading all of the helpful information here. Thanks to all of you who help and guide us veterans. I was awarded 70% ptsd back in February to give me a total rating of 80% with other injuries I have. Had a ptsd c&p exam beginning of February and was awarded couple weeks later. In April I submitted a claim for tdiu and was sent to another ptsd c&p exam by a different doctor in
  14. I have had 80% total and permenant TDIU for nine years. I see recommendations to continue until 100%. I really do not want to deal with it unless there is a benefit for my wife. Regrettably, It is really stressful to deal with it. Thank you
  15. I know that SSDI for SC disabilities means near automatic approval of TDIU but not the other way around. Does that mean that I should try to get SSDI first? If so, do you know of any good SSDI resources and forums? Thanks.
  16. Not sure if this is a dumb question or not. I was rated for TDIU in July 2020, effective 2014. I have an appeal on another claim from 2015. Does going to an exam to get rated for your claim even matter? I’m asking because I have an exam with VES this Wednesday. I’m currently rated at 80% combined. If VES exam results in positive outcome, should receive 70% for depression and anxiety as recommended by IMO doctor report and his DBQ. I’m just wondering if you would still receive backpay if you’re already rated at TDIU level. My brain says no because I’m being paid at high
  17. I have the 21-8940 filled out (Vet application for increased compensation based on unemployability). The VA letter I received says to include the 21-4192 with it, IF POSSIBLE, completed by the employers identified on the 21-8940. Why does it say "if possible"? Do they want it or not? I'm not sure I can even get my former employers (3 of them between 2012 and 2017) to fill one out or even exactly where to send it to them to fill out. Can I just send 3 forms to the VA with the name and contact info of each of those three employers? Do they HAVE to have the 21-4192? Confused
  18. 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
  19. I submitted a requested for individual unemployability on 7/26/2020. I have 2 service connected disabilities (one at 70%, the other at 50%). I listed the 70% disability as the one making me unemployable. I attended my C&P exam on Monday, 8/10/2020 and as of yesterday, my claim was in the "Gathering of Evidence Stage." This morning my claim was in "Preparation for Decision" and it is now in "Pending Decision Approval." I did not submit the VA Form 21-4192 Request for Employment Information form with my claim. I called Peggy today and they said that they did not see where the VA had req
  20. My question is how the VA looks and keeps track to TDIU vets who are over 70 years of age? I am P&T for the last 18 years. I am officially housebound. Is VA still checking up on any earnings I might have via SSA or IRS? No chance of me getting 100% schedular unless I get a lot sicker. I am 90% with TDIU now. Not that I intend to try to work. I have only passive earnings from investments. Very lucky in that regard, but it took almost 40 years to get there. Don't let people tell you how to get rich quick with hot tips and fantastic business deals.
  21. After 20 years, my fight is over. On May 20th, the BVA granted my 100% Unemployable claim. I have been patiently waiting since for news. A few minutes ago, I hung up with Peggy to find out, just hours earlier it has been closed and sent up for higher approval. I am so excited. I just want this over and done. I know my years are going to be screwed...REAL SCREWED, but honestly...I am just ready to be done. I have had DOZENS of failed VSO's. Many who never did anything and let timelines drift by. I never gave up. Never surrendered! I offer this advice to others fighting...DO NOT GIVE UP!!!!!! So
  22. 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.
  23. file:///C:/Users/dantr/Documents/VA Individual Unemployability Tips For Filling Out the VA Form 8940.pdf
  24. 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.
  25. 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!
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