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Found 1,886 results

  1. Hey everyone, love the sense of community and support here, long time reader first time contributor...Anyway, just another OIF marine veteran from the mid 2000s here with a few questions. I initially filed a claim in 2010 - was awarded 80% in 2011/2012 and filed an appeal shortly thereafter for tdiu. I was awarded ssdi and have had continual treatment from the va for ptsd, tbi and lower back injury. I was denied initially, filed a nod and hired an attorney. Seven years later my claim seems to have been diversified, my appeal for an increase in rating has been sent to the board (vets.gov shows this as an “open” issue) and beneath that under “closed” issue my appeal for tdiu says GRANTED. When I called the va to ask for more info the rep confirmed a DRO had approved it August 18, 2018 and that it was awaiting final signatures for the paperwork and benefit to be dispersed. My question to you all is does this seem about right? That the DRO granted tdiu while a p&t appeal was pending board review? It’s been over two months since the DRO approved it, how much longer do you think it’ll take to conclude? I saw that awards over 100k need to be authorized by the central office, is this a likely cause in delay? What are some average times between DRO granted benefits and benefits received? Lastly, this has been seven long years and my heart dropped seeing this update, I know anything can get screwed up in the government but would I be foolish to think it’s incoming? My life following Iraq and the things we did to those people had been a nightmare burdened with grief and guilt. While I’m working towards a whole life, the stress of financial burden alleviated would be a great supplement to focus on my recovery without needless strains. I really want this to be true!! Thank you all for your help!
  2. I had 6 weeks of doctor ordered bedrest within 12 months of military retirement and filing for disability. I felt that this met the criteria for intervertebral disk syndrome in that I have a bulging disk (L4-L5) and a herniated disk (L5-S1). The doctor's clinical notes from the 2 weeks (01-15 APR 10) and the 4 weeks ( 10 MAY - 07 JUN 10) were turned in 4 times. During my Comp & Pen Exam, I asked the doctor if incapacitating episodes had any bearing on my rating. He did not want to talk about it. I had the C&P Exam narrative mailed to me. The question that pertained to incapacitating episodes was answered "about once per month". I copied the notes (3rd submission) and faxed it to the VAMC deciding my claim. I sent the whole exam, with my corrections to all the mistakes, through my VSO with the VFW to the VA as well (4th time). I was rated 20% for my lumbar spine. The Web Automated Reference Material System (WARMS) states that 6 weeks incap/bedrest is 60%. I did get an overall rating of 90% and have been approved for Individual Unemployability. I don't want to sound like a malcontent, but I really want this corrected. Should I appeal or file NOD for DRO? Perhaps I am misunderstanding something here. There is no way the rater missed this evidence, as it was highlighted in my file. Either I did not meet the criteria, or the VA deliberately ignored this. Any input would be appreciated.
  3. Hello all, Let me start by saying thank you in advance for any help or information provided. Quick backstory: The first time I filed was in May of 2012(I lived in El Paso, Tx at the time), it was for PTSD, bursitis in hips, carpal tunnel, and a slew of other joint problems, however life happened and I missed a C&P exam that I was unaware of and the claim was denied at the beginning of 2013. I understand that this is my fault, but I did learn that the VA found nothing in my army records to justify a claim for any of the physical problems. The second time I filed was in Feb of 2015(I lived in Tacoma, Wa at the time), it was for PTSD. I had a C&P thru QTC at the beginning of APR 2015 and attended, however during the C&P the doc diagnosed me with major depression and anxiety rather than PTSD. Also during that C&P I was made aware that the dates for one of my deployments was incorrect and did not match the stressors I had listed and thus he did not recommend a service connection and I was denied at the end of APR 2015. It should also be noted that I received no diagnosis or treatment prior to during the claim process(I still had no idea how the VA worked and was under the impression that I needed to be service connected.) Of note on this claim I attempted to use a VSO thru DAV, however when I went to the office I was given booklet titled "Federal Benefits for Veterans Dependents and Survivors" and the representative highlighted the address of the vet center near me and the ebenefits website instructing me that I needed to file the claim there. In JAN 2018 after a low point I finally went to the American Lake VA office to see what treatment was available to me. This is when I discovered I qualified for no copay visits and partial copay of medication. I went through the intake exam at the behavioral health clinic there and have been in individual counseling sessions almost weekly as well as attending a few of the group counseling programs offered. I have also been put on various medications to combat the anxiety, depression, and insomnia. Since starting the sessions I have been diagnosed with chronic severe PTSD, chronic severe MDD, chronic severe anxiety, and chronic severe insomnia. My third and current claim I put in on 02/27/2018(I live on Joint Base Lewis-McChoord, WA). It is for PTSD, MDD, anxiety, insomnia, as well as an application for TDIU. I listed the MDD, anxiety, and insomnia as secondary to the PTSD. I included my DoD service records and my DoD payment records to show that the dates of the deployment on my DD214 were incorrect. I uploaded my medical records from the VA American Lake office just in case there was going to be any issues for them to obtain them, they were reviewed and accepted on 04/04/2018. I had the C&P in MAR 2018, while there the doc said he was recommending all issues be service connected. I filled out the 21-4192 Request for Employment Info on 04/25/2018 the best that I was able and added an attachment to it explaining that my last employment was over 8 years ago and the reasons why I haven't been employed. On 05/03/2018 I submitted a 5103 Claim Decision Request. Other Info: In FEB 2018 I requested my military medical records, when I received them the only document there was the medical exam from MEPS, the one you do prior to joining. However while in service I was treated for bursitis over a period of two years(physical therapy and medication) I had the occasional trip to sick call, and at one point had an in grown toenail removed. I filed my current claim as a new claim, however they reopened my 2015 claim instead. My ETS was in FEB 2007 after being extended 7 months due to deployment. I spent my entire time in the military at Fort Hood, TX as part of the 4th Infantry Division(the division has since relocated to Fort Carson, CO) Questions: Q. Is there a way to obtain the medical records that are missing from my file so that I am able to claim the bursitis and joint issues? Q. I am planning to move from JBLM, WA to somewhere in Iowa(Wife's decision) at the end of AUG 2018. This will change my regional office. Will it effect my claim and what do I need to do to ensure my claim doesn't disappear? Q. Will them reopening my older claim instead of accepting a new one have any effect, beneficial or not? Q. Should I request my C-File now or wait until the claim is complete? Q. Does contacting the 800 number or using IRIS to check claim status affect my claim in any way? (I'm curious where it's at because it has passed the estimated date, and the last date it seems anything was done is 04/04/2018 when they reviewed medical records.) Thanks you again for any info or suggestions able to be given. T
  4. CAN SOMEONE HELP ME MAKE SENSE OF THE RESULTS OF MY C&P EXAM FOR IU? LOCAL TITLE: COMP & PEN MENTAL HEALTH/PSYCHOLOGY EXAM STANDARD TITLE: PSYCHOLOGY C & P EXAMINATION CONSULT DATE OF NOTE: SEP 07, 2018@09:00 ENTRY DATE: SEP 10, 2018@13:29:26 AUTHOR: HILBORN,ROBERT S EXP COSIGNER: URGENCY: STATUS: COMPLETED Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire Name of patient/Veteran: Derick Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ---------- 1. Diagnosis ------------ a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder(s)? [X] Yes [ ] No ICD code: Bipolar I Disorder If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Bipolar I Disorder Comments, if any: The Veteran is currently service connected at 70% for Bipolar Disorder. He was not diagnosed with Bipolar Disorder until after service, though he has several markers identified during service, including periods of 3. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [ ] No [X] Not Applicable (N/A) 3. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting The veteran verbally consented to the exam and did not express any concerns. The Veteran currently meets DSM-5 criteria for a diagnosis of Bipolar Disorder that is more likely than not caused by or a result of his military service, given obvious markers for Bipolar Disorder during service, and no reported mood symptoms or treatment thereof prior to service. His mood symptoms impact his ability to function effectively. As such, his current level of impairment is best described as, occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, and mood.
  5. Hello to all the amazing people who are helping more people than you know, Looking for help with a few questions so here is the short (longer than intended*)rundown...My ETS was Mar2016.. While still active in 2010 was on my Sr year finishing premed degree with 4.0 gpa had to stop going to college when my second kid was born and wife was very ill the following years missed alot of work but always made up for it (i had very supportive chain of command that made alot of my own med issues go unnoticed or possibly pitty..not sure but love them all miss them all) fast forward to 2016 after ets wife is better all the kids in school and with full post911 benefits left why not try to finish my degree, unfortunately over that time my health had greatly deteriorated and school was not so easy anymore, and it wasnt just school but all areas of life had become to much for me(ALL). Without going to far into a long story I was in two major car accidents in 2014-2015 went into a mental breakdown loosing touch with reality on the reg and it wasnt until this year the "Helpful Psych at VA" actually taking her time to talk with me that we found out it was more than just failing in all areas that was making me act like a different person. Turns out that a blow to my head caused alot more damage than I originally thought, and i hope one day my friends and family can see who i once was again. Towards the end of my enlistment I went to see my pcp a few times and to mental health only once very bad communication between me and anybody from that point in my life to today which I still have trouble seeking/getting help especially when i have to wait months for an appointment and speak maybe 2 min max with the dr who never remembers anything and thinks its the first time we have met almost everytime and being a walk in is even more pointless as they really are already overwhelmed with patients already....so frantically rambling to a dr or dav or vso about a number of issues just trying to get the point across with no useful outcome is how I always leave and I constantly not remembering what im talking about by the time I start talking is why I thought it might be good to get on here and write it down...sorry...so va claim background: June 2016: First claim filed (4months after ETS) August 2017: First claim closed rated at 80% 0% for groin > for foot injury> for facial scar> and knees 10% tinnitus 10% Blood Pressure 10% arthritis wrist 20% back issue 30% migraine 30% maxillary <Denial: Dental> No complaints for dental had unbelievable issues with teeth dont know what or why but by this time next year i wont have ANY left. I have had 2 molars pulled in last year less than a month after dental c&p Side note* no dental or med exam when I got out no exit exam at all..whatever the exit medical exam is called to show you are healthy and well ready for civilian transition the clinic scheduled the exam the day my orders ended so Dr said he couldnt legally see me as I was no longer in the military. Last conversation I had on base... <Denial/TREATMENT ONLY: active psychosis/ gw claimed depression, anxiety/stress" (reason: i did not have any evidence or complaints in service but symptoms developing within time limit of leaving service hence treatment only) even though i did go to MH clinic while in service>>>#didnt know the only service records that the VA doesnt get/have access to is mental health! (Found out after calling the MH clinic at my old base with hopes that maybe a past appointment might be in their computer system somewhere...turns out they did have a record of the appointment with the MH Dr notes from the visit! #only one appointment but still #in service treatment record thats good right? **side note after receiving the "Treatment only" decision by VA and visits and advice from the "Helpful Psych at VA" who told me I should have got service connection "at least deppression 2ndry to chronic pains associated with scd's" which i filed for within a yr of the original notification letter. <Denial: hemorrhoids> (had/have but owell) no treatment in service prep h worked fine <Denial: genitourinary condition> #i had a mucosal discharge documented breifly in smr> with Dr visits in service noting possible relation to <Denial: Digestive condition> problems with gallbladder heavily documented in smr which va said existed before service in confusion with an appendectomy prior to entering service. #visits in 2017 to urologist documented discharge havent been back. <sometime between all of the psych visits from 2017 to now i have a history of TBI of what level is still unclear to me> have met with tbi specialist> still have alot appt scheduled with neurologist and neurosurgeons> TBI not rated as of right now... June 2018: file for increase in knee rated 0% and groin 0%, and claim Depression secondary to chronic pains associated with service connected disabilities Beginning of August 2018: Discover missing Mental Health records were available I notified VA of new material evidence to make sure service connection established and to maintain the effective date of original claim (being made available to VA within 1 year of original rating notification). This was done via VA written statement form and uploaded to the supporting documents for the now open claim for depression secondary on ebennies I also called the 1800# to advise VA and statement was taken over phone. I was also told that this would reopen the original claim for deppression. Mid August 2018 receive notification letter now combined rating is 90% : effective date June 2018 Increase Knee granted: 10% Increase Groin granted: 10% Depression secondary basis to chronic pains associated with scd's granted: 50% August continued>> while the claim was still open I met with the VA TBI specialist provided and she provided me with TDIU form since i have not been able to work due to the severity of my mental health conditions along with the form for spousal support which i faxed to claims intake but the claim closed and 90% rating was assigned but along with the tdiu claim I have a new claim opened for increase for depression and migraines which were the two most severe scds which the tdiu form asks to list on the form. The DAV has not contacted me at all throughout the entire claims process that started back in 2016 so I am not sure what I should be doing if anything more to make sure that i get the earliest effective date. I have been unable to get anything done in my day to day life and typing this has taken an entire day for me. Im failing out of school which means I wont get my post911 housing anymore of which ive used almost all of now, my wife has been taking care of me and our kids and i know its beginning to be to much for her to handle, to put iceing on the cake shes 2 month pregnant which i couldnt be happier to have another child but i dont know what im going to do, if anyone does read this long thing any advice is greatly appreciated. Sorry if it doesnt make much sense. Thank you to all of you who are doing great things for for the vets on this website it has been a go to place for me for the past 3 years Much love to my brothers and sisters i miss yall more than you know -c
  6. I was looking here for the M21 regs as to SSDI and one year additional EED on some TDIU claims.Couldn't find them so I tried the BVA and found this case instead: This is a fabulous case.... The veteran disagreed with a March 1997 effective date for his TDIU. With 2 strong opinions from Dr. Craig Bash, an addition Private IMO, and with SSA records, and Voc Rehab records, “ORDER An effective date of March 16, 1982, for the grant of TDIU is granted. (The day after the veteran's discharge.) This case is truly a beauty:and an excellent read. http://www.va.gov/vetapp06/files4/0620794.txt
  7. Hi all, As some may have read elsewhere I just got a 100% SC for PTSD rating from my 8/16/2018 C&P review. At this minute I am waiting for my Big Brown Envelope and battling Ebenefits web site in hope to see my AB8 letter updated. Its the weekend and their outage calendar says they will be down all the way through Tuesday. On monday I go to the American Legion and hopefully my new AB8 will be visible in the VBMS On to student loans. I have them and so do many veterans who are disabled. There seem to be some oddities and word games in the way Nelnet phrases things and I think vets should be aware of this and we can maybe track outcomes of people on here who do apply. more down below. Until recently getting your student loans discharged was a) a pain in the neck and b) would likely result in an IRS tax hit which considered the forgiven amount to be income. Sucks to discharge 100K and get a 50K tax penalty but that is what the old law laid out B is no longer a problem, veterans who get their student loans discharged will no longer be hit with that penalty. This is effective with the 2018 tax law. A is yet to be seen. The new process, handled by Nelnet for the Dept of Ed, gets to interface with the VA and if a vet is 100% SC or TDIU they can discharge their loans. Under the outlined process on their website https://www.disabilitydischarge.com/ The VA sends Nelnet notification that a vet is TDIU or 100% and they send you a letter and a form saying you are eligible and what you have to do. Vets don't have to supply any more info, according to the site, because the VA has provided it. You can also initiate the process yourself if you did not get a letter or you have just been rated, etc. A blank form is attached here but there is an online form generator on the site that will partially fill in the blanks for you and then you download and sign. You will have to supply your AB8 and possibly other documentation depending on which sections of the form you fill out. . The wording oddities: On the site where they describe who is eligible and in the monitoring section there are oddities. The good news is that they have clarified that if a Veteran is TDIU they are not subject to monitoring the way people apply based on SSI or other programs are. The VA says if you are on TDIU you can only earn poverty level income but there is no clearly designated way they would know if you are working and I am guessing the VA does not have the staff to monitor everyones tax returns. With the Student loan discharge, Nelnet is allowed to monitor you electronically and physically to see if you are working and then find out if you are making more than poverty wages. I will say again according to the site VETS who are TDIU are not subject to monitoring. However it is not clear that if you don't have the specific TDIU designation but are 100% SC that you will not be monitored. More research is needed. This is part of the wording oddities. On the site and in the FAQ they say: " – If you are a veteran and we have received information from the U.S. Department of Veterans Affairs (VA) indicating that you have a service-connected disability (or disabilities) that is 100% disabling or that you are totally disabled based on an individual unemployability rating we will contact you and explain how you may apply for a TPD discharge, but you will not need to provide documentation of your VA determination. " That word, or, indicates that a TDIU designation is not needed. meaning if you are 100% scheduler you should qualify. but in section 5 of the attached blank application it says: 2) you are a veteran who has been determined by the VA to be unemployable due to a service-connected disability. Except for certain individuals who have received SSA notices of award for SSDI or SSI benefits, or for certain veterans, a disability determination by another federal or state agency does not establish your eligibility for a discharge of your loan(s) and/or TEACH Grant service obligation due to a total and permanent disability. That phrasing might be important as it explicitly uses the word unemployable which connotes TDIU. Not all 100% scheduler vets will have any statement in their file that says they are unemployable. and even the FAQ might be read to that both halves of the "or" statement actually mean the same thing. Legalese is somethings that F'd up. If anyone has started the process in 2018 it would be great to hear what your experience is with them and the process. blank student load discharge application based on va.pdf
  8. Hi all. I am new here and if i put this in the wrong section please help me get it to the right one. My main question, and i have dozens on several topics, is about TDIU/IU and its effects after a review by C&P at 5 year mark. Primarily do I have to accept an 'inferred" TDIU claim decision? As I understand it the RO can make this determination without my applying for TDIU, and there are some long term problems with being rated TDIU verses 100% Schedule. Here are the salient details. 1) I am currently homeless, living in my car 2) I have advanced education some of which is paid by VR&E some by student loans. 3) The School and VR&E made decisions that denied me the most important classes in the degree I was seeking. I was forced to take second best or get kicked out of VR&E according to my case manager. I took out 100K in student loans to offset the lack of those particular classes/certifications and got an MBA. It is not helping me re-enter the workforce. 4). I have a long gap in work because of my PTSD and then 5 years in school. Trying to get employment with that huge gap and the lack of the specifics classes I was denied, is proving to be a barrier I am unable to overcome. 5) Two days ago I had a C&P review at QTC (outside contractor) and Doc indicated that my condition and the current situation has me a millimeter from being, in his words "toast' in terms of being functional and able to work. 6) SSVF has made a similar determination to the above review. 7) VR&E has reopened my claim and is considering allowing me to get that additional training but I have to stabilize living situation first among several other requirements. 8 ) I am a vet who has fought the VA for 25 years just to get treatment, which finally started in 2013. They literally denied I was in the military, that the events actually took place, that I had applied, that I had a "real" problem, and a dozen other bogus statements over the years. 9) I am currently rated as SC 70% PTSD, w/chronic anxiety, chronic depressive condition, and 3 or more other related things, 10% tinnitus, 10) I have never applied for ratings increase or attempted to challenge what the docs said to the ratings board. 11) I learned last year that my claim for bilateral hearing loss had been denied because they only looked at the records from one of my enlistments, but did say the tinnitus was SC. 12) I have sleep apnea with VA CPAP issued but cannot "document" it started around the same time as my other stuff. 13) The meds they gave me, a huge collection of dangerous drugs, caused excessive skin conditions that have not healed even though I stopped taking their meds (which were of no help anyway). Now the complicated part to explain without going on for pages. The doctor told me what he was going to write in his report to the raters. He claimed that I can expect to know in 5 weeks what the increase in my rating will become. I don't know how true that is but it is what he said is the "normal" time frame his company is experiencing for the vets they evaluate. He informed me that the VA gives them a list of 7 sentences with which they must use to define each diagnosis and then provide their supporting narratives. These sentences are in the DBQ's. Essentially he stated that for each of my conditions not specifically rated, i.e. chronic depression, chronic anxiety, etc. I am between 30% and 70% on each of them. AT a minimum my PTSD alone has worsened and should (his words) bump up significantly from 70%. To be clear he stated that they were NOT supposed to put out what they think the raters will decide but he said the way he was writing the report his patients usually fall in that category when they are like me. Using the VA Disability Calculator, I end up at a minimum bump to 80%. All other scenarios take me to 96% or 97% with the exception of them just choosing to NOT increase my rating, which is always a possibility. There is a significant likelihood that the VR&E will institute an "inferred TDUI" claim which seems to be in their purview. They do this by denying my VR&E and stating the reason as TDIU and the RO will process that whether I want it or not. The other way to get TDIU or IU is to apply for it, which I have not done and did not know before now that I could. I also found out recently that a change in the Dept of Ed, originally started by the Obama administration but Congress would not vote on, has been now passed and the Trump administration is taking credit for the change. That change automates a process for Veterans who are 100% SC via Schedule or through TDIU or IU to get their student loans forgiven. The VA and the Dept of Ed and Social Security are sharing information and if you are rated at 100% they will actually notify you and you only have to sign a form, or you can start the process yourself. There is a problem with this though. If you are 100% through Schedule, then you are good to go. You can make as much money as you want and your loans are still forgiven. IF however you get the forgiveness based on TDIU or IU then you can only earn Federal Level Poverty line income, no more. In this scenario the Dept of Ed says that if your TDIU resolves you will be on the hook for those loans again. If on TDIU you earn more than Fed Level Poverty line you have to pay back any income over the poverty level that you received as a benefit. The change also makes it so the IRS does not treat the loan forgiveness as taxable income, which is a huge change. Of course in both cases you can never get another Fed Student loan, without agreeing to paying back the old loans. So my problem is understanding what I might do about avoiding getting an "inferred TDIU" rating if my latest evaluation does not get bumped to 100% Schedule. I plan on working and the idea of only being able to legally earn 13K a year poverty level income does not work for me. Until this exam I had not even considered asking for a review to increase my percentage, so getting 100% or any increase is pretty much a bonus that I had not looked for. I just don't want to screw myself by not knowing how to avoid the VA doing what it wants instead of what is best for me in the long run Thanks in advance for any help
  9. I received the short from from Social Security and checked the box "In the last year, I have not discussed with my doctor whether I can work". This is because it is understood that I cannot, and my doctor and I don't discuss working (at least, I think) because its a given that it is permanent that I cannot. Anyhow, this seems to have triggered the long form from ssdi and I filled it out and sent it in asap. I put my psych dr's contact info and my therapist's. My question is: Should I contact my doctor or therapist in advance or just let them respond to what the SS office asks for? Thanks much!
  10. scotish1

    total and permenent

    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!
  11. Here's a conversation starter (or not)... https://asknod.org/2017/06/14/tdiu-shulkins-new-albatross/
  12. Provided one qualifies for TDIU within the 40-70 disability rule or greater........is it wiser to go for the TDIU claim first and then later on add the P &T........or do you have as equally a good chance with strong IMOs and disability factors to seek TDIU with P&T claim right at DRO Hearing. Just curious if TDUI is more likely granted if P&T is not added initially but say 6 months-1 year later? Has anyone here applied for a claim of TDIU with P&T initially?
  13. abnrgr88

    family healh plan

    Hello friends! Quick question.....I am 90% overall and TDIU 100% with an appointment scheduled at the 1 year mark. Recently i have heard (through a VSO) that my wife and child are eligible for health care. Is this so??? thanks!
  14. Yes, in some cases you can. I can’t work if I’m getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of … Continue reading
  15. Inarticulate&Distorted

    V is for Victory

    It's official! After 3 years 8 months of fighting the VA. Now at 100% TDIU P&T. Chapter 35 Bennefits will be a nice addition. I look forward to hearing your success stories too fellow Vets.
  16. I'm service connected for bilateral severe O.A hips 10%,secondary lumbar sprine,10% left and right knee 10%.My case was remanded back to R.O for further development for my increase for hips O.A and to set C&P for my throat claim. My question is if granted increase rate for my hips and granted service connection for throat would I have to file for I.U or will they simply grant it if my ratings me the criteria.
  17. Hi. Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that. Advice please and thank you in advance. ((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.)) Thanks again.
  18. If awarded IU with no PT what health benefits are dependents eligible for if any? Would ChampVa be available, or is it only for P&T TDIU?
  19. LanceJoseph

    A Win? still have questions

    My initial claim in 2010, I was granted 70% overall and 50% for PTSD. I filed a notice of disagreement and in 2013 I was giving a C&P exam for the issues below and was granted 70% but I filed another NOD for the back dating of PTSD and the fact that they completely ignored my TDIU claim. The verbage on this letter is confusing and I'm curious is they are going to back pay my TDUI to Oct 25 2013? I underlined where I was confused. If anyone could shed light on what I could possibly be expecting that would be awesome.
  20. TexasMarine

    100% SC - Bipolar Disorder

    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!
  21. Thanks for all the hard work everyone has done here in responding to questions, I was active duty from Dec 82 until 94, In the years that followed i had various issues arise until in 07 i was having so many problems i ended up on Total disablilty from SSA. After talking to my VA rep we filed back in Jan 09 for the following, Hearing loss, Lower Back condition, Ringing in the ears, Lymphadenopathy due to fuel exposure, Bilateral elbow condition 3rd surgery dec 09, Bilateral shoulder condition. and the big one Bilateral Dehiscence of superior semicircular canals " in short straining or extreem noise caused the bone to fracture between my brain and my ear canals, resulting in vertigo, even more hearing loss and ocular issues. Resulting in Brain surgery from Chapel Hill in april 2009 to repair one side it was so bad. I went for my QTC exam the doctor was one that had sent me to Chapel Hill in the first place ? seemed odd but i went, The QTC office returned his findings 5 times for him to rewrite what ever he was sending in, that seemed odd to me ? But the nurse i have seen since said it was all in my favor his wording, i just learned today that the ratings board has my papers now, All my issues are backed up with doctors reports and the QTC exam, My VA rep seems to think i have a good chance at TDIU with the SSA finding me unable to work and giving in to my claim in less than 30 days ? But i still have this doubt in my mind that they were wanting something else in the QTC papers was the reason for all the returns ? any input would be Great thanks in advance for all you everyone of your do on this forum. IF they in fact have my claim my QTC was back in Dec 9th 09, is 30 days a realistic time frame to hear something ?
  22. Just wondering if anyone had this happen to them and what the outcome was good or bad? My claim has been expedited for financial hardship as well. This is for DDD, Mental Health awarded at 30% and TDIU. I have had 3 surgeries in past 2 years on lower back with fusion, rods and screws. Limited motion and in the Home Bound program as I am unable to travel to DR appointments due to DDD. No C&P appointments were requested as per BVA request but case is before DRO for decision.
  23. Inarticulate&Distorted

    In the Trenches.....against our own people

    To list the many many Tags would have been ludicrous. My case is relatively new. I joined here last year, this place has always been great to calm burned out nerves. I sometimes don't make sense to myself let alone anyone else. But when I got out, I went tearing away from anything and everything that even REMOTELY resembled authority. People being able to control my life terrified me to the point where it has literally affected every single part of my life. I came here seeking help and I got it. So, if my story can help anyone else, and my opinions on what you can do to help your own Battle, because that's what this REALLY is, then I will feel like I have done a small and meager effort to pay it forward. My C-File isn't stuffed to the gills with medical records because I didn't serve long enough to qualify for VA Medical. My Claims were handled fairly fast compared to the average. My Story is simple, I got kicked out of the US Army Infantry, after Basic, but I did not finish my A.I.T. We were OSUT. How and why is my business, and I have completely accepted that now. I wasn't even aware I had "issues" until about 9 years after I got out of there. And, a further 6 years before I swallowed my pride and went and finally asked for the help, that I had been convinced by every Veteran I knew, that I now have. I filed my initial claim for PTSD with Anger and Depression. 5 months later they denied me without a C&P, oh gosh gee wilikers was I disappointed. But, once again, fellow Veterans pointed me the way. I went to my Second VSO, and they filled for Depression, and I was scheduled for a VA C&P Exam. Why do I emphasize the VA part, well, I had learned from reading here at Hadit that C&P exams don't show up on your VA website thingy. Which, I thought to myself, that IS kind of important, you know, so no one can "lose" your record of that particular exam. I must admit that my best decisions I have made after getting my actual 50% Service Connected decision letter last year was to continuously educate myself. Not just about me, but the VA itself. IT IS IMPORTANT THAT YOU BRING YOUR COPYS OF YOUR PERTINENT INFORMATION WITH YOU. Sure that really friendly guy on the phone making your appointment is probably say it's not necessary to bring any documents, the Examiner will have ALL your evidence. Bullshit, don't ever leave your case DEPENDENT on ANYONE else' actions! Seriously, I took that advice from someone here, and it saved my ass. A actual Lt. Col. in the US Army Medical Hospital Diagnosed me with exactly what i was filing for. Match the Words, don't try to guess, don't try to infer. Take all your important verifying information with you. Don't leave out anything that you feel may hurt your case, if you think the VA is going to not use any excuse to take away what they give you, you are DEAD wrong. They will dig for it and hunt it down. Be honest, give them everything. But remember, you are literally not DEFENDING yourself to these Raters, you are pressing your case base on verified fact. They will work harder to rip your benefits away, than they are supposed to help you get them.Tell them something is wrong if you don't know exactly, and make them give you an examination, it is your right as a Veteran. I see too many Vets who are always asking others for help, guess what, it's up to US. DO YOUR HOMEWORK Seriously, you need to know more about your Disability's then the people who wrote the books and TREAT you for it. No one knows your Disability's like you. Because they are literally YOURS, not as a statistic or a Roster Number. Because remember, these are not minor discomforts or passing ailments. These damages are severe enough to make us DISABLED. You are LEGALLY entitled to the compensation for the damages done to you, maybe that's why the VA Denies us so consistently. No matter how many changes in Technology or public opinion, they have NEVER done it at a pace that allows most of us to barely maintain our composure and dignity. As far as the Law goes, if you have evidence, you're solid, it is not the RATER who is processing your claim wrong, it is YOU. Every "T" must be crossed, every "i" must be dotted. You have to make your case so solid,that it would literally be a breaking of the Law not to Service Connect you, or a fair Scheduler Rating, or TDIU. You have to SLAM THAT Claim DOWN ON THAT RO's desk, and CHALLENGE him to find flaw in every single interpretation of the Laws, Rules, Regulations....... Become your own greatest weapon, by realizing that you personally can't do that, you have to show it through your work, every page has to be meticulous, don't give them any reason to take the scalpel to your pages. I have a theory, based on how fast I was Denied the first Claim, how fast I was sent for a C&P for my second and winning Claim, and the fact that I was approved the DAY after my C&P exam. I personally feel, as if the moment a Rater can find a reason, and Literally the first reason, he denies and kicks out. Because I was denied without even a C&P exam. Then, when my second claim got sent up, they took one look at it, and knew they were caught out, so as soon as they got my results, they gave me 50% and expected me to be grateful for it. Never stop, always press on, continually advance, and when you can't advance, you bear down, shield up, and dig in. You are now in the Trenches of the VA, and we are literally all here because we are STILL Brothers and Sisters in Arms, against our own people. My OPINION of VSO's and LAWYERS A VSO, no matter where he works, is not gonna fight for you, oh they will file paperwork.....if you tell them what to file, you see, they just mostly don't have the balls for you, because they have balls for EVERYONE. A Lawyer, on the other hand, is motivated by Passion, and Profit. Think about it, if you were to Arm yourself with a Hypothetical Spear-like weapon, would you not want the one with the longest reach, sharpest point, and stopping power? A Lawyer, will fight, because he will look at your Claim, in whole, at ALL the FACTS, and take your case ONLY IF HE BELIEVES THE LAW IS ON YOUR SIDE AND HE CAN WIN IT! That alone, is a boost of confidence that will sustain your Hope, while unfortunately also being a two-edged sword. If he doesn't take your case, then do MORE HOMEWORK. If you can convince a VA registered Lawyer to take your case, you're fairly solid. ONCE AGAIN, MY OWN PERSONAL OPINION. Always Dig Deeper than the Surface Picture that the VA forces on you,If the Law is on your side, stand firm, and advance,Remember that you are right, and you need not defend against their No, but insist on your Yes. Good luck y'all
  24. 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.
  25. Not shure if I should download and send in the no employment questionnaire or not just over a year now and nothing received in My mail yet? Thanks in advance for advice and suggestions : ) I have read pros and cons about taking it upon Myself and just sending in the Tdiu questionnaire when one is not received - looking for a little insight here - thanks.
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