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Found 11 results

  1. The VA raised the minimum rating for diagnostic code 5201, limitation of motion of the arm, from 10% to 20% back in May 2016. If you're still rated 10%, you should request the increase. The VA shouldn't require an exam, unless they have reason to believe your condition has improved. You should also request an effective date of one year prior based on “a liberalizing VA issue approved by the Secretary or by the Secretary’s direction.” Specifically, according to M21-1, III.iv.4.A.1.g. Selecting a DC and Minimum Compensable Evaluation for 38 CFR 4.59 Per Sowers v. McDonald: “- This policy particularly affects painful motion of the shoulder evaluated under 38 CFR 4.71a, DC 5201. Under this DC, painful motion of the shoulder warrants assignment of a 20-percent evaluation. - This decision represents a change in longstanding VA policy in which the minimum compensable evaluation was interpreted as a 10-percent evaluation irrespective of the DC involved. . . . . Effective May 23, 2016, the minimum compensable evaluation refers to the lowest evaluation specified under the DC most applicable to the disability.” Per 38 CFR §3.114 Change of law or Department of Veterans Affairs issue: “(a)(3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.” I was originally rated 10% for both shoulders in 2008 and didn't find out about the increase until last year. I could have been getting the increase for 4 years; not only that, but the bilateral increase to 20% would have raised my overall rating from 80% to 90%. It pisses me off that the VA doesn't notify veterans about changes that might benefit them. I actually think the VA should automatically increase the benefits of every affected veteran effective the date of the change. I've written my senators, congressman, and numerous veterans' organizations about this and urge others to do the same, in addition to requesting any increase that is due to them.
  2. hello, i was told to look into something called smc l. i dont know if i qualify or not. i was given a 100% permanent and total rating in 2015. here are my ailments. biploar disorder 70% Asthma due to jet fuel exposure 60% cystic acne due to jet fuel exposure 30% carpal, allergies, tinnitus each at 10% i also get ssdi 100% and they require me to use my sister to manage my finances. my sister also basically serves as my caregiver. without her i dont believe i can function. she does everything for me from finances, to taking me to appts, to reminding me and sometimes helping me clean. and more. would i be able to apply for smc-l and if so how would i go about doing it. i overheard a family member discussing it with my sister and mom the other day. and it sounds very helpful. thank you
  3. Good afternoon, I needed some advice in regards to my current VA battle for an effective date change. THANK YOU IN ADVANCE Timeline: April 2013: (During Service) I was taken to the emergency room for headaches and nausea where CT scans were taken. This occurred during training on active duty. - ever since then they have only worsened Feb 12 ,2018: Filed Claim for headaches May 4,2018: Claim DENIED for headaches I was unaware of supplemental claims and truly didn't think I had anything to prove the decision was incorrect so years went by. October 20,2020: Opened claim for headaches again (no new evidence, and didnt know a supplemental was needed) However, somehow I was granted a C&P exam. During the C&P exam with a VES Neurologist, he was able to pin point the incident that occurred in 2013 during Active Duty where I was sent to the ER for headaches. He confirmed it was service connected. October 21,2020: Claim closed (denied), The VA closed it and told me that I had to submit a Supplemental since I had already been denied for headaches previously (2018). So I submitted a Supplemental Claim, stating that I would like to have the same C&P report that was most recently done to support my claim for service connection. (Again nothing in my file changed in 2018-2020 in regards to headaches, this VES Neurologist (2020) was able to locate the incident that occurred during my service whereas in 2018 it seemed like they just didn't catch that incident. October 23,2020: Claim for headaches approved 30% (effective 11/1/2020) Nov 6,2020: VA received my HLR for effective date change. My decision letter from 2018 states: "Service connection for headaches is denied since this condition neither occurred in nor was caused by service." October 20,2020 Service connection for headaches. Service connection for headaches has been established as directly related to military service. (38 CFR 3.303, 38 CFR 3.304) The effective date of this grant is October 20, 2020. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 CFR 3.400) An evaluation of 30 percent is assigned from October 20, 2020. We have assigned a 30 percent evaluation for your headaches based on: - Characteristic prostrating attacks occurring on an average once a month over last several months
  4. Hi, I just received a 10% rating for a claim I once was denied for. Do you know if I am entitled to retroactive pay to the first date of my original claim? They did regard this as service connected but awarded me a 0 rating back then. Not sure if there is something I can do as I have had this pain since I left the military and didn't appeal the 0 rating in the beginning. Any advice? Thank you in advance.
  5. Hi Can compensation increase from 10% to 100%? My appeal is for increased rating, numerous secondary disability, TDIU and temporary total disability Its been on appeal since 2015
  6. 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?
  7. Hey guys, I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? thank you for responding.
  8. How much can they see, how much can they tell me? I seem to get almost nothing but cryptic information from my VSO. Are they restricted from telling information to me while the claim is not yet complete? Or is it possible that she withholds the information having been burned by changes in the past?
  9. Hey all, I recieved news that my increase claim was granted and I went from 60% to 100% On my ab8 letters it says the date changed is may 20th, with an effective date of june 1st. Does this mean I'll receive the backpay for june and july?
  10. In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. After further testing, my diagnosis were Limb Girdle MD (adult onset). The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle? Yes, I do have a nexus. Much appreciated!
  11. 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.
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