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Found 8 results

  1. Hello Everyone, I received my claim back today. The VA awarded me Aid and Attendance SMC L1 based on every condition I have from 100% Rated Loss of use of feet, 100% Rated PTSD, 100% rated Stroke and even 50% rated sleep Apnea. I have ratings totaling 650%. Can the VA lump everything together? loss of use and being kept safe because of PTSD are 2 additional and separate listed items under SMC. I’m so confused. Thank you for answering and giving me advise!
  2. Sorry this is a little long, but want to make sure I covered everything. I filed an appeal for my right shoulder in October 2020 from denial in 2007 and just received a 20% service connection. I retired in 2006 and my exam was in November 2006 and I submitted claims for several disabilities. The VA denied me service connected shoulder pain because they said there was only one mention in my medical records. I had several X-rays over the years and was told no damage was seen on X-rays so I just continued to pop 800 mil ibuprofen and continued with the pain until I couldn’t take it anymore. My friend suggested I talk to my PCM and request an MRI. My PCM made me go to physical therapy first which didn’t help and finally scheduled me for an MRI and low and behold rotator cuff injury was clearly diagnosed, but the VA used the effective date as 10/29/20. While my claim was under review I was looking through my active duty medical records to see if the VA may have overlooked something and found several medical documentation errors. Specifically, I injuried my right shoulder in 1999 while spiking the volleyball and was seen several times, however the doctor documented that it was my left shoulder. Well I’m right handed and guarantee couldn’t spike a ball left handed. Does anyone have recommendations about what I should do proceed? Should I let it go or file a egregious mistake in my records which my have given me my service connection in my original submission in 2007 and if approved should I receive back pay if it changed my over all rating? Appreciate any recommendations or help anyone can provide. v/r Rick
  3. I did lot of research for timelines while waiting for my hearing and for what to expect after my hearing. I was legacy appeals and chose not to RAMP in Feb 2019. I hope this does help any other veteran wanting to know the process and hopefully the timeline helps. This is my experience for appeal with the VA and as always every case is unique and different. Im willing to follow up with any questions people might have. Tried to get lawyers involved but they said they wouldn’t touch my case (all the major ones you would find on google). So I just kept pushing along using the DAV for insight to the RO when needed or to file correspondence for the case. You know the rating you deserve!, the BVA law judge literally said VA erred and this should have been granted in 2014 but the C &P examiner failed to do their job accurately in my July 2014 exam. My follow up C & P exam conducted in 2017 warranted a 70% rating and the examiner noted everything correctly (however since the case was on appeal RO could not use the evidence to rate me at that time the exam was completed). Best Advice I can give is KNOW YOUR CASE! Know one knows your case like you and when talking to the judge, it helped I knew what the criteria was so I could talk to those points. File everything on-time, accurately, and with a way to show it was given to the VA. Find a hobby because worrying, over planning, and checking ebennies 20 times a day will drive you crazy. Don’t let your claim fall through the cracks but know that every day you worry, you drain yourself! Finally, NEVER GIVE UP!!! May 2014 Filed a claim for increase July 2014 C&P Exam at the VA October 2014 Claimed Denied October 2014 Filed for Decision Review Official to review case (legacy appeals) August 2015 DRO Denied increase August 2015 Filed NOD October 2015 Filed Form 9 December 2016 Case sent to BVA August 2017 C & P exam scheduled (non-static condition; this was the date of my revaluation) December 2019 BVA Hearing at RO January 30, 2020 Called WH hotline (not sure it did anything however I saw traction once I did) Feb 10, 2020 Case was given to judge and expedited due to homelessness March 10, 2020 Decision Made (Grant specific rating and effective date since it was an increase appeal) March 17, 2020 Ebennies was updated reflecting new rating TBA: waiting backpay but my rating has been reflected for April indefinitely
  4. Hello all, I've been a big fan of this site and would like to thank all for the great insights pertaining to all. My questions follows.. I filed a NOD in receipt on July 30th 2018 as va.gov showed. It was for a DRO review. I filed for 3 contentions for increase and TDIU. Which always shows as 2 different claims on VA.GOV site. My current rating before NOD was at 90%. For total of 12 rated issues. Recently this week showed up on VA.gov and ebenefits as granted 100 TDIU but on ebene I did the math.. 50%, 10%x5, 20%x4, 30%x2.. This should add up to 95% which makes it 100 schedular so I thought... Below are what I saw from ebene. I'm just confused coz if 100 by schedular the TDIU should be moot.. Also, my disability on ebene shows 100 disabled. I want to have 100 schedular. Haven't received the brown envelope yet with decision letter. No retro pay yet. I'm bad at pasting all info from ebene on this post... Ebene benefit summary breaks down with checks: 1. You have one or more serv related disabilities. YES 2. Your combined serv connected disabilities are 100%. 3. Your current monthly award is: effective date of last change amount and date.. $4158.32 / 12/01/2019. 4. You are being paid at 100% due to your unemployability due to your service disability. YES 5. You are considered t&p so let due to your serv connection. Effective dates of your T&P disability dates are 10/07/2017. 6. You are being paid SMC due to your service type severity..etc... YES Everything here looks like tdiu 100 but my total math on my ebene shows 95 which us 100. My retro is another thing..if schedular..it seems as since my increase on the NOD was effective on 11/27/2019 that made me 100 by va math and the TDIU stated above was for 10/07/2017 effective. Any help would be greatly appreciated. Thanks in advance.
  5. Hello, Quick background; I injured my back severely in Kuwait in 2013(I was 22) no proper medical exam or treatment at the peek of the injury just pumped full of pain meds. Once back in the states it still took months before Someone decided I actually needed an xray just to be told I was fine. There were times where I’d experience temporary paralysis below the waist, daily pain levels above 5, numbness, pinching and burning sensations in lower back and to be told nothing was wrong made me want to give up and suffer in silence because no1 seem to take me serious. However the pain was so intense I found myself in the ER sometimes twice a week with strange knots in my back that were shrugged off as muscle spasms and just given more pain meds. I was given a 10% rating after separating in 2014. I didn’t know what that meant or why. Almost 7yrs later the pain is worse back and forth with the VA with treatment that either aggravates or just doesn’t work and I recently discovered that I was diagnosed with sciatic nerve pain BUT it stated it didn’t come from work. I couldn’t believe it. I now live in MD near DC and although terribly discouraged feel I need to fight what seems to be a system that hasn’t cared for me properly since day 1 and appeal. The question is. IS IT WORTH IT? I paid out of pocket for X-rays and made some discoveries about my back that make much more since than what the VA tells me. Has anyone experienced anything similar?
  6. Welp, Just found out they closed my claim. Surprise surprise, nothing changed EXCEPT they reduced my GERD from 60% down to 10%! WHY and What the?! So apparently that random C&P without my knowledge played a significant part. So my questions are the following: 1. Should I reopen my claims or file an appeal? 2. How do I go about getting ALL of my C&P claim notes, especially whatever was said from this C&P without my knowledge? 3. Should I even attempt to ask for the much qualified for increase on other areas of my body, that have gotten worse, or fight this last round of let downs? I try to explain to everyone when you retire or get out and become a veteran, your own company (the VA) treat you like used tissue. Nobody has any use for used tissue...tossed to the side.
  7. Hello helpful Hadit community, I am trying to help my husband with some claims he originally submitted in 2009, all of which were denied. He never re-filed until 2019 but asked for an EED d/t missing STRs that appear to have been found in 2018. He did a FOIA for his file in February 2019 to see what was in there before submitting his claims again, and as a result, received copies of records that were previously missing and he had never seen before. Although some of those claims were now recently approved/SC'd they denied the EED's because they said HE sent them the records. They are so confused. I have put together the attached timeline with screenshots of their own records to try to un-confuse them. Would love it if some of the experienced folks could look it over to see if I'm making sense and/or if you think this is sufficient as far as an explanation? Thank you so much! Recovery of missing records_redacted copy copy.pdf
  8. In 2012 I was awarded 10% SC for tinnitus when I filed for hearing loss. The ringing is really bad and I was grated SC for hearing loss at 0%, I had not test given to me when I exited the service, I was a 1911E tanker in my MOS for 3 years. I have a difficult time hearing in many situations , especially in places with any type of background noise. I filed an appeal and I am set up to do another hearing test on 4/1. My wuestion is this. If I take the hearing test again and the results are different can they take away my my 10% ? I don't want to lose that if I get a DR that is anti veteran as I hear some are. Has anyone ever heard of this happening before?
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