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Found 11 results

  1. I want ask if anyone has information or knowledge of a BVA appeal that is out of the 90 day evidence phase, holding up a decision on a claim for an increase on another SC issue? I would like know if I should just wait for the BVA to make it's decision first on the appeal, before I put in for the increase for the separate issue? Forgive me if this is not the right platform for this question. All information is welcome, Thanks.
  2. As posted in these forums: Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary. I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in 2018 for the same reason as the VA SC rating, on the first try with no appeal. Does SS determination create an automatic presumption against lowering of rating, or greatly argue for not "improved on a sustained basis?" I have put off applying for TDIU for a while but believe I should now. I have an application with the county rep prepared and ready to go. I am 65, have not worked since May 2016. The SS determination is included as part of the TDIU application.
  3. I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control”, both conditions rated “Severe” by SS. I filed an intent to file for TDIU in Feb 2019, then rolled it over to another intent to file in Feb 2020. I contacted vet rep in October to file the TDIU. I asked him to mail me the docs for review to make sure they were accurate. Never arrived, I called and he said they were delivered by trackable mail on Nov 3, they weren’t (should have asked for the tracking number, I believe there isn’t one). I called the county vet rep supervisor. They reviewed the case and found that I had applied for TDIU after the 70% award which I did not remember doing and that I withdrew that request in July 2011. (I worked for the next six years averaging $60,000/year, high year was $107,000, have not worked for four years). That makes my current claim request an “appeal” even though no VA determination was made because I withdrew the TDIU request at that time, according to the supervisor. That means the intent to file in Feb. is not the date for an award increase therefore wiping out 9 months possible back pay. Supervisor instructed my rep to get on phone with me and I got him to email me the filing documents. I then saw that VA wants a list of all jobs applied for or training received since the date claimed as onset of 100% disability for TDIU. The date placed on the form was 5-1-2016, same as SS disability date. From May to Oct. 2020 I was in the VA voc rehab program where they were paying me to apply for 20 jobs a month, and I also took two VA-paid classes in 2017-2018 (easily discoverable since they were under VA auspices) . All of which would have to be included on the form since the TDIU date is listed being prior to the job apps and the training (or attachments of the scanned pages which I sent to voc rehab). Rep wanted me to send it through as is. Wording at bottom of form says I am certifying all to be true under penalty of prosecution for fraud to get government benefits. So I cannot agree to the application as is. This was the reason I wanted to check the docs to begin with, to make sure there were no such problems. Rep knew I was working with voc rehab though didn’t know the details. Part of the TDIU application is a letter from state voc rehab dated this year saying they have no more help available to offer (it was meaningless to begin with; at my last meeting with them the two employees couldn’t wait until I got out of earshot to start mocking me, I am sick of going anywhere or to anyone for help at this point). I took my case to a psychiatrist retired from 20 years running the local VA regional office last year. After a $230 session (discounted non insurance price) he said he couldn’t make a determination on my chances of retaining the 70% rating (my concern on filing for TDIU) and wanted to charge me to review my hundreds of pages of docs for further analysis. Not going to do that. Point is, I have gotten all the help or advice possible. One useful comment was that it was “highly unusual” for my case to have gone unreviewed for 10 years. Likely indication my condition has been determined permanent and not likely to improve. He also said his office only did the comp exams, the ratings determinations were done elsewhere and were a mystery to him. I believe waiting till past the 10 year point was the right decision for filing for TDIU for peace of mind purposes since I would at least retain the SC determination even if the rating is still vulnerable. My concern is the risk of a rating reduction. Questions: - Can we just list the date of TDIU as the current date, which will then be after the job applications and training, therefore no need to list them? Is there any benefit / requirement to listing TDIU date as same as SS disability date? Don’t know why vet rep did that. If this has to be an appeal with no back pay, there is no benefit to listing anything other than current date that I can see. Goes without saying I do not trust the vet rep at this point. (Only other option would be DAV, they will not let me past the receptionist unless I agree to change power of attorney and start over, not going to do that either.) - do the job applications and training work for or against me for TDIU? That is, does looking for work show you are still trying to work and not “retired” or does it show you think you can work therefore should not get TDIU? I will be 65 in December, I was told by a different county rep that that age point helps in getting TDIU. Is the vet’s mind set a factor? At some point it seems to me it doesn’t matter, if you can’t work because you can’t find work or whether you have trouble functioning on jobs, whether you “think” you can work or not it would add up to the same thing. - is the view that my current application would have to be an appeal accurate due to the prior TDIU application withdraw? - vet rep asked if I had lost any time on job due to disability. Answer no. Is this a major factor? Thanks for any help.
  4. Hi, i am SC 100% P&T for bipolar, asthma and a few other things. I tried to apply for ssdi, but was denied - in a nutshell they said "we see that you are disabled, but we have determined that you can adjust to other work. we do not have sufficient vocational information to determine whether you can perform any of your other work". So i take this as them needing more proof that i am really a screwed up person (which unfortunately i am , mainly due to the extremeness of my bipolar). So iread that i could get a doctor to fill out a form to better explain my issues. https://www.disabilitysecrets.com/sites/default/files/Residual_Functional_Capacity_Form.pdf https://www.disabilitysecrets.com/sites/default/files/MENTAL_RFC.pdf BUT HERE ARE THE PROBLEMS. 1. My doctor does not have any openings until Nov, and its currently sept. 2. The therapist at the outpatient clinic will not have any openings until JANUARY 3. the mental health clinic at the actual hospital only have docs who can prescribe medicine, not actual therapists. So what can i do. My doctor only treats me for pain related issues anyway, not mental health stuff. So im pretty stuck. Can anyone offer some advice. Thanks
  5. Are there any other Veterans on here that were at the Pentagon 9/11-9/30 for search and rescue/recovery? I was denied PTSD in 2005 (VA said it wasn't service connected), I appealed it, but never received a letter that the appeal was denied, at that point I said f-it and gave up on the VA. I created an ebenefits account recently (December 2015) and it says that appeal decision (denied) was made in March 2006. I am still having issues. I am reopening the claim for PTSD. I have the VA ROI from 2005 that shows all the VA Psychologist and LCSW notes on file chronic PTSD and GAF:40. I was going to that VA clinic 2004-2006. went back in 2009 to get prescription for nightmares and flashbacks. shit is still not going away.
  6. Hi All, Long time since I have been on the board. Hello to old friends. I was discharged from military in 87 with asthma which has worsened considerably. The VA sends cough medicine (Robitussin) and inhalers. My civilian doctor gives the same. The MS sent me to the local ER a few months ago as I could not walk due to MS spasms. I called the Palo Alto VA within that 72 hour period to inform them. I still have intention tremor in my left arm, hand and legs. I also use a walker which is very helpful. My husband who is in his late fifties quit his job to care for me...he is not eligible for ss so we count our pennies so to speak. Any advice is appreciated. Hey Texas---hang tough.
  7. 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)
  8. 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)
  9. Rated 10% (SC) painful joints/Arthritis. When filed for increase unaware, but last week! diagnosed with fibromyalgia. Explains why my pain is severe. I need information. A condition caused or worsened by a SC condition is rated secondary to the SC condition. I don't know how to address acquiring after service a condition that aggravates existing SC condition. Am I stuck at 10% rating for painful joints or can I get compensation for the disabling pain either for effects on arthritis or as a secondary diagnosis? BTW I have SC conditions (IBD,PTSD,Migraines) which are common with fibromyalgia,... still getting Fibromyalgia SC is unlikely. Fibromyalgia alone is painful, but co-existing with arthritis is unbearable. Is there precedent to allow increase above 10% or allow secondary diagnosis? ANY SUGGESTIONS!!!!! I'm in constant pain. My claim is in reviewing evidence and will be decided soon. Any good advice is appreciated. Thank You
  10. So I went to my local Va and filed a 21-456EZ form for: Tinnitus Insomia memory problems Fibro(gulf war) Cfs(gulf war) Gastrointestinal disorders,hiatal hernia(gulf war) sleep disorders anxiety shingles/rashes and a few other things in my record I was honorably discharged from the USMC in 96 was dealing with this stuff then but, right or wrong I just dealt with it. I mean if I could get up and put my boots on in the morning and go to work thats's what I did. Only now it's taking longer to get going in the morning and so with the urging of my wife and fellow vets I went and filed. They took down my info and sent the form off. Also told my to go get a gulf war registry exam, which I am still waiting on. He didn't ask for med. records, x-rays, DBQ or anything. I told him about my PSTD symtoms and he put down anxiety. I'm just wondering what I'm in for and what to do next. So any advice , info, or help you guys can send my way is much appreciated. Semper Fi, Gadevildog
  11. Hey, ya'll. I've had it. First off, I'm going to try and start a business (real estate). I am currently 90% plus TDIU, SSDI, and FERS retirement. Please advise. DO NOT advise me not to do this! I am looking for the procedure to follow. I read about SSD ticket to work program. Does the VA have anything similar? Second, if you pray to Jesus, please pray for me. I have been down and out since 2006, but want to give it a go before throwing in the towel for life. Pray I succeed, and can have meaning to life. It may start out as not substantial employment, but will hopefully one day transition into making a living to support my family. Finally, you may ask why? For a couple reasons. For those of you who will never have the opportunity to work again. For my children (6,2), so they can learn that Daddy has to work for a living. Finally, for me. I must give it one last shot. Again, please don't respond with all the usual, "You worked so hard to get IU, why throw it away." I just want to know if there is a procedure for this, or a ticket to work program. Any sort of grace period? Thank you for your time and prayers.
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