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Found 15 results

  1. So I started my "Fully Developed Claim" 02/08/2019 had my VA Comp and Pen Exam 03/18/2019 . My original completion date was 08/05/2019. Then after my Exam 05/03/2019. This is my story I've injured both knees, both feet and back while serving In the Army in 2017. progressively my back gave out on me. Now I'm young 25 years, can't work and didn't know about my options until just recently. Lucky for me I was within my year of separation so I got a VSO to work with me and my claim. Still waiting if it's an approval or denial, however today Ebenefits updated status from "Pending of Decision" to "Pending Decision Approval. With a new estimated date 04/30/2019. What happens next. Will I know I'm approved before notification in the mail?
  2. I received a letter from the BVA dated May 24 , 2018 stating that I had been granted service connection for some issues and a remand for other issues. I am still waiting on an effective date and rating. My question is will the VA implement the grant while waiting on the remand? how long does this process usually take? I was ok while my case was on appeal but since I received my grant I have went crazy. I check e benefits 3 times a day and i cannot stop wondering what my new rating is. How long does this process take? I thought I had won my case but nothing has changed. sooo tired of waiting on the VA. Any info on time would be great or any suggestions to speed this up.
  3. 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
  4. Hello all, I have an initial claim under review by VA and also a claim under review with the BCMR. There were clear administrative errors that allowed me to be discharged without disability evaluation. Would I have more chance of success for a VA EED, earlier than initial application, if I pursue equitable tolling or should I just pursue equitable relief under 38 USC 503(a), or should I wait for the BCMR decision? My understanding of reading precedent is that tolling may not apply to VA effective dates prescribed by 5110. Would a BCMR ruling granting retroactive IDES processing effectively establish a VA effective date, or would that BCMR date only apply to the DoD disability effective date? Your insight is appreciated. Austin
  5. In anyone's experience in preceding a formal claim submission with an Intent To File notification, does CFR 20.305 (Computation of Time Limit for Filing) rule apply to the Intent To File process timeframe requirements for completed claim award effective date? ------- My scenario: On 8/06/2015 (Thursday) my Intent To File notification was received/logged online by VA via eBenefits. The next month my mother was hospitalised by coma and died at end of month. For several months afterwards, I did nothing with the claim. During July 2016 I completed the claim in eBenefits but could not submit for system errors over 2+ weeks of attempts (as Support Desk advised they only assisted with access to eBenefits and not any problems using it). 1-2 days before Intent To File expiry, I recreated the claim via paper form and was forced to mail it out via USPS the morning of Intent To File expiry. As a result of inquiring with VA personnel at both the regional hospital and attached CBOC, as well as via 800-827-1000, and being informed that VA would adhere to postmark date for preserving Intent To File effective date, I paid an extra fee to guarantee USPS postmark the submittal that morning (Saturday 8/06/2016) and cause issue of postmark verification document. The completed claim form was received by VA on 8/09/2016. After retention of legal representative, VA awarded me benefits for a portion of my claim's conditions (the remainder of the claim being still in Appeal) with effective date of 8/09/2016, the day they received my mailed claim submittal. If Intent To File timeframe requirement is exempt from Rule 305, then, since my mailed claim submittal wasn't received until 3 days past Intent To File expiration, my effective date is correct as presented. If Rule 305's Time Limit Computation directives DO apply to the Intent To File process, then my effective date should be nearly a full year earlier than was presented, to encompass the Intent To File's preserved receipt/initiated date of 8/06/2015. My lawyer, upon a cursory review of the information I just related above, is of the INITIAL opinion that the VA's presentation of effective date is NOT challengable due to the Intent To File process being exempt from Rule 305. This is based partly on the word choice* that frames the Intent To File process description (in at least one place, though not consistently in what documentation** of the process that I have been able to reference). Please ask away if more information is felt necessary, and I will further furnish what I can. * "received within 1 year" ... rather than "filed" or "submitted" (as with Rule 305 employing " filed within a specified period of time") ** https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
  6. Not sure if I am posting this in the proper forum, Mods, please move if inappropriate. I was so disgusted by this action, and since I had unequivocal proof, I figured it should be seen by our Top dog ... VA COMMITS FRAUD ON VETERANS DISABILITY CLAIMS - http://proffer.us/va-commits-fraud-on-veterans-disability-claims/
  7. I wanted to know are the effective dates under the rated disabilities on ebenefits what they go by? My reopened claim for PTSD got approved and the effective date says December of 2015. The rest of my reopened claims that were approved say December of 2017. Has this been the case for anyone?
  8. CURRENT STATUS: 100% P/T CLAIM SUBMITTED: 14 JAN 2015 INFORMAL CLAIM SUBMITTED: 26 NOV 2013 INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014 PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015 1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA? Yes box checked "Informal Claim" handwritten in box 2. 21-526EZ LINE 9 Handwritten inside box: NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal. 3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014 Title of Letter: "IMPORTANT -- reply needed within 1 year" Relevant Text of letter: a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.' b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim." 4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM Dated: 26 NOV 2013 "INFORMAL CLAIM FOR THE FDC PROGRAM I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission" PROBLEM: On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014. QUESTIONS: 1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed? 2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014? 3. In your opinion, do I have a case for CUE? 4. How long does the CUE process take in your best guess? Please include any other advice or information, links that might help me. Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
  9. Hello All, Break down of my ratings over the years 2000 - 10% Degenerative Miniscus Bilateral & 10% Tinitus 2007 - Increase for knees from 10% to 20% due to VA mistake of ratings both knees together 2010 - 0% lower back, as a secondary to my knee problems 2011 - 20% lower back increase, due to evidence of range of motion and herniated discs, retroactive to 2010 (Once again VA did not review all the evidence) (40% rated) 2016 - 20% left knee, 20% right knee, 10% left leg sciatica, 10% right leg sciatica I am now 70% rated, still waiting for the SOC to be released (but there are still 6 claims that have not been completed) The letter from the VA states Clear and Unmistakable errors is found in the evaluation of the Degen Arthritis of the Left & Right knee, due to locking, pain and effusion. The retroactive increase of 20% is established on May 1 2013 (Left Knee) and Jun 11, 2013 (Right knee) This is where the first issue is, the right knees date is incorrect as they used the last time I filed for a knee increase claim (denied of course), but the dates are still wrong. The Jun 11, 2013 is when I had surgery on my knee and was 100% rated during that month. The locking, pain and effusion have been stated during every C&P exam and is in every SOC dating back to 2000. I have filed a NOD for Effective Date and supplied all medical reports, VA visits, C&P exams back to 2000 and have asked for the Effective date to be Feb 20, 2000. If the VA finds a CUE on their own, does that help my case in the Effective Date NOD? Is there a cutoff on how far back the VA can retroactive a disability? Finally received the Final Decision and case is now closed.20% Degenerative Disc Disease of the Lumbar Spine 524220% Deg Arthritus of the Right Knee 5010-525820% Deg Arthritus of the Left Knee 5010-525820% Deg tears, posterior horn of the medial menisci, bilateral knees 5257-501010% Radiclopathy (Sciatica) Right extremity 852010% Radiclopathy (Sciatica) Left extremity 852010% Tinnitus 62600% Residual scar, left knee surgival debrigement 780570% ratedI just filed my NOD for an earlier effective date, due to the CUE (Clear and Unmistakable Error) that the VA found during my claim review. CUE was found due to "locking, pain and effusion of the L/R knee)Because of the CUE they set the effective dates of Feb 2013 & May 2013 (Right and Left knee), but the RO should have reviewed all of my filings and original approval of 1/25/1999.Each one of the reviews and documented notes states Locking, popping, swelling, instability and pain.I also called the VA today to see what the next steps were and the lady told me to file the NOD and she was sending a request for review of the CUE effective dates.Also the VA did not evaluate my Bilateral Hip Condition, which was part of the claim (that is now closed).Has anyone else had the VA find a CUE? Was it in your favor or theirs? Did you get an earlier effective date?Thank you
  10. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  11. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  12. If you are asking, "Am I entitled to an earlier effective date (retro, could be big bucks)?" Information about Reductions (5 year, 10 year, and 20 year protections): Then read about these and see if they apply to you: 1. http://www.purpleheart.org/ServiceProgram/Training2014/BasicEFFECTIVEDATES.pdf 2. The above is an updated version of the 2011 effective date training. However, for some the 2011 version is easier to understand: http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf .
  13. Hello everyone! I'm in the process of digesting my latest claim decision and am drafting a NOD to address a denial of cerebral thrombosis/TIAs and a lowball of the migraine increase (from SC & 0% to 30%). Can I appeal the effective date? There's a statement regarding the effective date on my migraine increase which says: The effective date of this grant is XXXXXX. Entitlement to an increased evaluation has been established from the date of the medical evidence showing an increase in disability (Headaches DBQ completed by Dr. XYZ). When private medical evidence showing an increase in disability is received within one year of the date of the evidence, the effective date of the increase is the date of the evidence. So, in other words, the date my neurologist signed the latest DBQ is the effective date of the grant of increase. The problem is that I had filed for an increase about a nine months before the effective date of the grant, but was denied. In response and at the recommendation of my VSO at the time, I submitted a "request for reconsideration" claim. The NSO felt that I'd gotten a bad rater when I first requested the increase and running it through the system again had some probablity of success quicker than filing an appeal. In fact, the rater somehow missed that I had an informal claim in the system a month previous to when he or she assigned the date of that claim. Meanwhile, the NSO sent me back out to my doctors to get fresh DBQs as "new and material evidence." The signature date on the new DBQ is the date of the grant. Looking at the situation with the arthritis in my knee, which was another contention of the latest claim along with the items I asked to have "reconsidered," I'm benefiting because the date that doctor signed the DBQ is a little earlier than the date of the latest claim. But I had made no previous request for an increase for this contention. The effective date for the grant of the increase uses the same wording and rationale as the migraine increase. Do I have an argument here for an earlier effective date on the migraines?
  14. I was originally 80% service connected for a litany of issues but 70% for ptsd. I was going to the psych and was given medication which i had bad side effects from. After telling the dr over and over again I finally stopped showing up. I would get notices from the va and simply throw them away without looking at them. Well in 2009 I was reduced from 80% total to 70% total. Fast forward to 2014 and the va was actually shorting me on the 70% money and in speaking to the VSO they said I should ask for an increase because my symptoms at the time had been worsening. I filed a claim for an increase in feb and my claim was approved for 100% ptsd. however the effective date was july 1. and my c&p exam was in june. Why would it not be an effective date from feb when I filed for an increase? Please advise.
  15. MY FIRST VA ADJUDICATED RATING WAS 2001 BUT I DID NOT GET VOC REHAB UNTIL 2003 BECAUSE I HAD TO GET A 20 % OR BETTER TO QUALIFY WHICH I DID MY QUESTION IS THIS AM I STILL ELIGIBLE FOR VOC - REHAB NOW IN 2012 OR HAS MY TIME EXPIRED?? THANKS
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