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Found 51 results

  1. I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards". Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay? Any help would be appreciated!
  2. Improper handling of 1999 VA Compensation Claim I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc... I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union Subject: VA Compensation Claim for Albert Dodd Dated: 15 June, 1999 Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) ** https://drive.google.com/open?id=1d9HHYJHe3fgLuItJ6INugPqWLAZDg1am VA Claim submitted on: 15 June 1999 VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA ) ATTACHMENTS: VA Form 21-526 Pg. 7 https://drive.google.com/open?id=1bHb95IPMv6DGTVftK2qLeoYo-rv1miAv VA Form 21-526 Pg. 8 https://drive.google.com/open?id=1cWw-3sJygTIhnCgrRZFl4B7XSXC0nnE- VA Form 21-526 Pg. 9 https://drive.google.com/open?id=1P8tgJ0rcUz8MJoInHEMLuv06raHckdZK VA Form 21-526 Pg. 10 https://drive.google.com/open?id=15P1YoMfREici-kHFHgbz1TttyuzCMLim Authorization and Consent Included: VA Form 21-4142 Pg. 1 https://drive.google.com/open?id=1YXTaDasjAdrfXN8abclQX9a_8v7kM5G4 VA Form 21-4142 Pg.2 https://drive.google.com/open?id=1Ux9UvrEplp2tTkKc6xrZsMCkUSi2e0z4 ** ( Notes of Interest ) ** Supporting Evidence Attachments: 1) Certified copy of DD 214 2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) ** 3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) ** 4) Copy of SMR's to support S/C Claim ** Physical Evaluation Board Decision ** Pg. 1 https://drive.google.com/file/d/1Ius0W2ZDp-Ls1_fiQxoqfxRWBSor_viU/view Pg. 2 https://drive.google.com/file/d/1fYqy9fh6kjD0-cXAfK_T6KGoyszVeJNP/view Pg. 3 https://drive.google.com/file/d/1DsAwqqLecFc6C_HsZghIaZ7D33E37Qf6/view Pg. 4 https://drive.google.com/file/d/1UJOIGk1DJuNKNR-RRgfXIswVjWLex_jF/view Pg. 5 https://drive.google.com/file/d/1h6GgoGlDbJ9sEOT7V1CXorWXEKB5rxG4/view All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999 **** Dept of Veterans Affairs New Orleans, LA **** Intake of Evidence for VA Claim for Compensation for Albert Dodd Dated: 18 June 1999 **** Timeline for Review of Evidence and Decision **** June 18, 1999 VA Claim Received June 25, 1999 VA Claim Reviewed https://drive.google.com/open?id=1LaYkJdHDmZ9ofzA8CJD7ZTCNwOqzVX9N July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist ) Rating Decision Pg. 1 https://drive.google.com/file/d/16cS_DJ6QCut61LVj-jbzolQghHh4StDF/view Rating Decision Pg. 2 https://drive.google.com/file/d/1MfG-kcASP_2lruDY22eSMGCgKbI6x-_b/view Rating Decision Pg. 3 https://drive.google.com/file/d/1pUJXAHT_Zguk0WR2R4xTEi8c0EAXLgHs/view July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record https://drive.google.com/file/d/1JP-MXHlCsjsGlL9M9qP09XSK_OJJC14P/view July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) ** https://drive.google.com/file/d/1OG7fNoJWMzF79NQ1AI04Z-wz5QrspY7g/view **** Questions for CUE **** 1) Duty to assist **( Did not attempt to help get copies of Hospital stay )** 2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )** 3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )** I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
  3. I have a question that I have not been able to get an answer to from anyone. I am 30% service connected for Knee that had a total knee replacement in Dec 2015, I received 13 months temp 100% and than received my 30% for the knee. Knee never worked right and Dr recommended a revision of the total knee replacement done in 2015. Had revision done to my previously totally replaced knee on 25 July 2017, surgical notes list surgery as revision left total knee arthroplasty. Surgeon had to completely remove and replace all prosthetics and components from previous knee replacement, plus added some more. Surgeon told me this will be a harder, longer, recovery than my first total knee replacement. My main question is do I receive the 13 months temp 100% for the revision of total knee, just like when a total knee replacement is done? If so do you file the claim just like for a total knee replacement, is it as easy as that? Anything special that I need or they require to grant it? Does VSO need to do anything special? Is it as cut and dry as it is when filing for the 13 months temp 100% for total knee replacement? Anybody have any experience or advice on this, I would really appreciate it. I just had the revision and I have great anxiety over this going smoothly. Don't know how I will provide for my family if it doesn't, I'm going to be out of work for a long time on this. I'm filing next week when I get all my surgical records with my VSO, so could really use some input. Thanks Jason
  4. Hello all, I have a question...I was medically separated after 14 years of service in 2010 at 20% DOD and 60% VA. After 2 years of fighting I was bumped up to 90% and then after another couple of years I finally got to 100%. My question to you guys is if I were to go for my the extra 10% on the DOD so I can apply for medical retirement would it effect my VA compensation? could I get both a retirement check from the Navy and the VA every month? would I have to pay back any money? Thank you for all the help.
  5. I have a question. I had my knee original disability at 50% now it was Increase to 70%. Will I get monies base on the new 70% when it was awarded? Or the difference between 50% to 70% back
  6. Hey everyone I am new to this and I just filed my claim for PTSD/mst claim in january 2017 and I have been so stress out because I have been reading about claims being denied and low balled and such. My question is i just received my C&P exam which was done by VES. I got a copy of it from my Marine Core League organization. I had a question as to the exam results it says I am occupational and social impairments deficiencies in most area. and then it list the systems which I have symptoms from 70 50 and 30 percent and they are equal to each other. I am confused does that mean they are going to give me the 30 rating because there is no one percent more than another. I guess how can you be deficiencies in most area when I have symptoms from each percent. the exams stated that ptsd and mdd are aggravated from the military services. I guess do i not quality for the 70 or is pretty rare to be in 70 do you have to more on the 70 to be rated at that. he checked depressed mood, anxiety, near continuous panic or depression affecting the ability to function independently, flatten affect, disturbance motivation and mood, difficulty in establishing and maintaining effective work and social relationship, and inability to establish and maintain effective relationship. but he put me under the MDD recurrent severe, and mst. could someone please let me know what they think. thanks tai
  7. I am 0% for Chronic Sinusitis and 0% for Allergic Rhinitis. For years I have had issues with Bronchitis and Bronchial Pneumonia. A VA physician stated that I was 'misdiagnosed' while on Active Duty. He said that I have Asthma due to Allergies in 2014. Since being treated for asthma my condition has improved. I am now doing immunotherapy (weekly allergy shots). I filed Asthma as a secondary to the Allergic Rhinitis and the VA denied the claim. I am also taking Allegra, Flonase, Singular, and Asthmanex. How can I prove to the VA that my Asthma is related to the allergies? Also, the VA refuses to perform CT of my sinuses for a higher rating.
  8. Hi, I am a victim of MST. I have a police report in graphic detail of the assault while I was serving active duty in the Army. The events (more than one) occurred 30 years ago, however, the images replay in my mind daily and to this day. I somehow managed to get through life and was married once and have three children. I have suffered internally (mentally) for years and have had a multitude of health problems including panic attacks and anxiety. I want to file for compensation, but also to get the mental help I know need through the VA I understand it there for me...if I can finally get myself to be able to talk about it with a counselor. I worked full time my entire life (now age 51) but was approved for SSD disability (civilian) for other medical conditions 3 years ago. When reading some of the blogs proving my MST is not a problem as I have the police report, however, how or what do they need to prove my suffering of panic attacks and PTSD to access if my life has been affected by the MST for compensation purposes. I have hid the MST events my entire life and even though I have taken anxiety medication on and off and even have seen a few counselors over the years I rarely talked about the MST and focused my sessions on other issues I think mostly so I didn't have to relive the events by talking about them. So again I am wondering if the proof is there for the MST what proof is needed that it had impaired my life in such a way that compensation would be awarded. I am not trying to find out how I can manipulate the system, but rather so that I can get an idea before putting myself through all the trauma of going through the application process if there is clearly no way I will even be awarded a disability rating if for example I do not have a trail of doctor's or psychiatry sessions stating I was talking about these events etc. to proved it has affected my life negatively.
  9. FINALLY 100% Schedular P&T!!

    Hi guys, as the title implies, i have finally received the news that i am 100% P&T no future exams scheduled. I did this without any VSO's or any help other than that of my family writing "buddy statements". I am still involved with my treatment plan, though the depression makes it hard to even do that but i just wanted to say thanks to the people on this forum for all of the help, encouragement, and information. Previously i was at 80% for: left carpal tunnel- 10% Asthma 60% Allergic Rhinitis 10% Cystic Acne (due to jet fumes) 30% My last claimed which i filed on 12/12 and was finalized on 4/4 was for: bipolar 70% Tinnitus 10% For a combined 100% Permanent and Total. It took 7 years, but here we are. This wil definitely help me and me family, actually this will change our lives. I know thats pathetic, but my situation is extremely somber. Thanks guys.
  10. I have asked a lot of questions and i continue to ask alot of questions to learn even more. I think this may be my final question before i file. So i am currently service connected at 80% 60% asthma 30% allergic rhinitus 10% carpal tunnel 10% cystic acne (due to jet fumes) Now here's my question. Back in 2009 i began seeing a shrink for depression. ive been on pills and have gone to a counselor very often ever since. It is believed that my depression came from the 3 plane crashes that i witnessed. And another 1 that i didnt witness, but i was apart of the HR (human remains) team that shipped the 6 recovered bodies home. It is also believed that my depression has come as a result of the severe asthma and allergy pains. Recent my therapist marked me down as bipolar I, fyi. My question is, do you think i would have a better chance claiming bipolar/depression as secondary to the asthma and allergies. Or should i just say that ive been depressed from the plane crashes and hr missions. Or should i just claim depression as its own issue. please help. Thanks.
  11. back in 2011 I filed for a plethora of disabilities that i received during my time in the air force as a load master. I was given an 80% rating. One of the claims was for depression an ptsd. However, I missed that c&p appt (i forget everything) and i obviously was not given a rating. However, I was sent a letter that says: "You were denied service connection for depression/anxiety/stress because you did not report for the scheduled exam in order to determine if the current disability began on active duty and to obtain sufficient information for evaluation of the disability. Although there is a record of treatment in service for anxiety/depression/stress, no permanent residual or chronic subject to service connection is shown by the service medical records or demonstrated by evidence following the service." Now this was sent to me in 2011. Since then ive received a ton of treatment but ive also have had some unfortunate events happen as a result of the depression, anxiety, anger etc (jail, a stint at the mental health clinic, even a broken hand twice on two separate occasions on 2 separate faces, and few more incidents. i am working so hard on controlling my frustrations with the world and i am taking my meds and getting counseling - i hate living like this because i physically cant control it. And i was never like that prior to 06' my join date). so my question is what exactly does that quote from the va mean? does it mean that they recognize i was treated for depression during active duty but due to me missing the appointment, they need more information? And if i were to file a claim for depression and ptsd - and i were to receive the 80% I need in order to be rated 100%, how would the back pay work? Would the date go bak to my initial 2011 date? Or would they back pay me from the current date of filing? Sorry for the long post - thanks for the help. Also am i correct in saying that they would only be paying the difference between the 80% pay and the 100% pay right??
  12. I have a question. As it stands I am currently at 80% but things have gotten so much worse for me physically. Well lets just say i just left the mental health clinic again after a two week stay. So i am considering filing to have some things service connected and recieve the other 80% i need to be at 100% Now it is my understanding that if i provide all of my medical records and nexus letters and other necessary items with my claim, that this can expedite the process. Is this true? Or is it easier/better to just let the va locate my records. In the past that normally took a year (to locate the records, schedule and attend my C&P, and receive my results). So i really wonder is it going to at help speed up the process if i were to get my records and then send all of that in with my claim?? somebody said it can take months for the nprc to mail out records, which would pretty much put me in the same situation as letting the va locate the records on their own.
  13. So just a general question that I have not actually had a firm answer on. I was given a letter stating my award for 50% disability from the VA. They are reviewing new claim items for a new rating but here is the question. I received my retroactive pay of 836.13$ on July 15. Now, is that the start of my monthly payments or single payment for the time being. My claim filed May 3, and if it's back pay then that's for June from what I understand. So again, with he retroactive pay, will I get paid again starting Aug 1?
  14. Good day all, i know eBenefits is less credible than my 2yo girl, but mine at least has shown some consistency. Couple questions... mine is moved to PDA. How can I tell what I'm getting or how disappointed I will be, other than waiting for the official BWE/BBE? EBenefits, since updating this morning to PDA shows an appointment request was made but no details? Would this be related to closing out my claim or possible that only part of my claim is being worked on while the other is being deferred? any advice/guidance/insight would be appreciated. Thank you all!!
  15. To be short and sweet i found out I am facing an MEB today. i am wondering what i might expect for benefits and how they work. Some ppl say you cant take va compensations if you get 30% MEB or more. others say i will have to pay back my separation pay if i take it ($90,000 maybe). and i really dont know how to judge what money i will make outside the Army. i have bad feet, ankles, knees, hip, back, left shoulder, ptsd, anger issues, migraines, sleep apnea, restles leg sleep disorder, depression. if all of these are 10-20% 140-280 % what do i do?
  16. Good evening, I am currently going through the Cognitive Behavioral Therapy for Depression program (CBT). I witnessed a boat overturning off the coast of Africa while we were patrolling for Pirates. I had the symptoms of depression for a awhile but they have come to light in January. I asked to see someone back in January and I have been since then. I see a couselour once a week and she has me the CBT program. I have talked to my psychiatrist and he prescribed me 50mg Zoloft but its not working to me. Is my counselor trying to steer me away from PTSD? I don't go to the beach, I don't swim anymore and I get angry at the smallest things with my wife. I answer some questions on the defensive and im always isolating myself from my wife. during my event I had a child tossed to me from a RHIB and he slipped through my hands and I seen him sink right under the ship. I then tried to help people onto the boat and locked eyes with a woman who had no energy left to hang on with and sinked. Are these signs of PTSD or just depression?I dont know if after the program do I apply for PTSD or depression cna someone tell me what I should expect?
  17. Okay, I retired at the end of 2012 and was smart enough to have my disability paperwork submitted with my clearing. October of 2013 I received my first determination letter stating I qualified for 60%. Nice, but they completely 0'd me on three issues so I immediately filed an appeal with the findings at the end of November 2013. The VA claimed they received my appeal in March of 2014, according to the website. It took until Jul/Sept 2015 for my first appointments to occur to justify or dispute the findings. I received an extra bump in my account this month (ending June 2016) which caused me to log in to eBenefits and see what it might have been. Good news is, I received my upgrade in disability from 60% to 80%. So, based on the 2016 VA Compensation tables with a spouse and two kids, I will increase to $1839.48 from $1275.09. (http://militarybenefits.info/va-disability-rates/), which is a difference of $564.39. Now I received a lump sum of $3477.92 which is approximately 6.16 months of the difference I should have recovered. By MY calculations, my backdated pay should be from my initial request. I say this because initially they rated my three issues as "Service Connected" but at 0%. Now that my appeal was accepted and those three items were given appropriate ratings, the backdate for my pay should be the initial date of submission. That initial date was 1 January 2013. So January 2013 to July 2016 should be 41 months of backpay, am I right? With the 6 months I received at the end of June, I SHOULD still receive 35 months of backpay at $564.39 a month, yes? If I am missing something or not understanding something, please drop me a response. Also, how would I go about energizing the VA to make this backpay occur? Thanks. Papa Weave
  18. Dear Veterans, I just received another denial letter from the VA for my Left Knee and Sleep Apnea service connection. I'm currently working with a VA Claims Specialist in Long Island, New York to help me with the claims process. He has told me we will have to file a Notice of Disagreement / De Novo Review for the Left Knee and Sleep Apnea. He also advised me this process could take up to 1-2 years. This is unfortunate and I want to make sure the VA has everything they need to give me the proper decision. I've attached pictures of my original claims from July 2013, and the decisions I've received for Sleep Apnea and my Left Knee condition in May 2016. I originally submitted my Left Knee claim right before I got out in July 2013 and I was denied. I dislocated my Left Knee cap in 2012 while in service. Since 2013 my knee has gotten worse, I've attended many months of physical therapy and I recently had surgery in March 2016. My knee is now worse after the surgery, I'm unable to run and I'm still in physical therapy. All of this is coming out of pocket because the wait times were too long for physical therapy at the VA Hospital, and I didn't trust the VA with surgery. I was unable to submit the surgery to the VA because I received surgery after I submitted. I've submitted two (2) lay statements, a physical therapy report, and VA examination which was requested by the VA. The VA examination explained that I couldn't stand up for more then 15 mins without pain and that my knee would lock up making it difficult to walk. I was diagnosed with Sleep Apnea in October 2013, just 3 months after I got out in July 2013. I submitted the claim a few months after because I wasn't sure about the claims process. I've submitted two (2) lay statements from Marines I deployed, lived and served with. I also have the doctors report from the VA hospital sleep study. With all this evidence I was still denied the claim. When I spoke to the VA rep on the phone they told me they didn't have my lay statements, however, the VA Claims Specialist I'm working with said this wouldn't matter because I was diagnosed within a year of discharge. I'm currently 50% with Anxiety and Depression and I have a special purpose claim for Erectile Dysfunction. Furthermore, the Left Knee claim is coming up as (New) on eBenefits even though I originally submitted in July 2013. Once I receive a decision will they back date the claim to July 2013 or from when the new claim was submitted? I appreciate all the help and suggestions you can offer. Semper Fi
  19. AB8 Question

    Hey gang, I know that some people have gotten a jump on decisions by seeing updates to their AB8 benefit verification letters. I'm one of the guys who's been stuck at Pending Decision Approval, so I like to at least have multiple things to click when I'm on ebennies. My question is regarding the effective date on the AB8. If my current claim is denied, will the effective date on my AB8 change, or will it remain the same as my previous award? If anyone has any insight, I'd appreciate your thoughts! Thanks! Pending Decision Approval
  20. Hello! Excuse me if I posted this in the weong section but I have hit a hicup in my claim process. Yesterday my claim changed status to preperation for notification. Then today it changed again. It went to Review of Evidence but in the notes it says the notification letter was sent. Also under disabilities it now says I have a rated 90 percent. So my question is, do I just need to wait for it to update? Is it possible this is some famous ebenny glitch? Also my estimated completetion date changed from 3/29 to 6/06-10/20. Did it actually go back to review of evidence even though it says notification sent AND it now shows I have a rating on my profile? Any advice is appreciated! Thank you!
  21. I've been reviewing a lot of posts on here advising what to do while waiting for a Comp. Claim to be decided. One thing I noticed was that it's recommended to get your C-File. Which is good to hear because I put in for that first. The weird thing is the time tables though. According to eBennies,I put in my Privacy Act Request 10/14/15 and the estimated completion date is 10/24/16 - 6/20/17!! Whereas, the Comp. Claim was entered 12/22/15, was changed from "Under Review" to "Gathering of Evidence" today with estimated completion date of 5/19/15 - 9/23/15! Definitely, not complaining about my Comp. Claim moving along quicker than expected! What I don't understand though, why is the Privacy Act Request going to take 1 - 1.5 years, compared to, the up to 9 months for the Comp. Claim? How can they decide Compensation quicker than sending me my C-File?! WTF? If anyone has any information to add some clarity to this concern; it'd greatly be appreciated! Thanks
  22. He takes his glasses off, looks at me and says "son, you're rated at 90%, you could have been rehabbing your knees for the past 4 years free of charge. Some of those DAV guys are good, but some of them are idiots" At this point, I was extremely frustrated and may have slipped out a few expletives at a louder than normal tone. He told me "son, talk to your primary physician about getting seen by a specialist and ask to get an MRI because you're knee looks somewhat okay, but I imagine an MRI might reveal something else that will explain the pain. Regardless of what happened, we'll take care of you, I know it's been a long journey, but hang in there and have faith. Also, how's your migraines? I see you're rated at 30%, but if they've gotten worse, you should file for an increase. Anyways, hang in there son and I'll make sure I put the info gathered from the exam in today" He was extremely caring and pro active, which is something that I am NOT used to with the VA. I don't have as many complaints as some you guys out there, but still, it hasn't been easy. I just wanted to share this story and hopefully I'll get the rating I deserve - since it's a bilateral diagnose, wouldn't I get a rating for each + 10%? Lord willing, if that happens, I should be pushed to 100% according to Hutsky's excel spreadsheet. That will help my family and I out so much! I am glad I am not in this fight alone and if it wasn't for a bunch of you, I would be in a darker place. Thanks - you guys don't know how much you've done for me. Brothers in arms!
  23. I just wanted to see if anybody out there has been short changed by the VA IRT retrograde payments. I am 100% service connected. I filed 01 March 2015 and received my first VA disability check on 01 July2015. I received a "retrograde payment" on 11 June 2015 in the amount of $2,296, and just received $4,240 on 25 August 2015. I then received a letter form the VA stating that my only compensatable months were April and May. does this sound right to anybody? I feel like I'm being shorted 2 months of retro payments. Any help would be great.
  24. Hello everyone. What I want to know is if I am getting an adequate service connection percentage. I am currently getting 30% for Bi-Polar disorder. I was originally at 10% and then applied for an increase in my percentage in 2011 and it was raised to 30%. I keep seeing and hearing about vets getting higher percentages than me and it confuses me. Like my brother in law gets 20% for a bad knee and when in my mind I compare a bad knee to constant mood swings, bouts of depression, never ending anxiety, paranoid thoughts especially in social situations whether it be at work or in social gatherings, the occasional psychotic break, and constantly feeling like I'm weird or crazy, that comes with Bi-Polar Disorder, I think to myself, "Now is being 10% higher then someone with a bad knee necessarily right?" I just have problems with understanding how the compensation works and I am wondering if I am getting screwed. Some history about me is that Bi-Polar runs in my family but I did not have any signs of it before I went to Iraq in 2003 and then I had a psychotic break while in Iraq and the V.A. determined that my Illness was already there through genes and that military service exacerbated my Illness. As you probably know Bi-Polar illness is a lifelong condition and it feels to me that it is steadily getting worse as I get older. I have been able to hold down a janitor job for almost 3 years full time but have had to take several sick days because of the stress of working and being around people all day. I'm actually worried that having a stable job for that long would actually screw me if I applied for another increase to my SD of all things. It's not like a Janitor job is a high stress environment for most people but it is the max that I can handle. So, I will be stuck in this job and pay level possibly for the rest of my life or possibly get fired for calling in sick to much and I could never be able to make a higher income even though my I.Q. is 131 and I am a hard worker. So with that all being said should I apply for an increase again to my SD?