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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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TopSecretWrapper

Hello From Texas

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I served during the tail end of Desert Storm and throughout Restore Hope. When I ended my tour of duty, I did not ask for any help with my medical condition. I got a DVT, and PSVT during service, but never did anything about it after the fact. It has been 12 years now, and my leg has continued to get worse, to the point of severe pain when walking and standing, so my husband told me to put away my pride, and ask the VA for help. I feel so stupid at times, because I did not want to burden my country with my medical woes, and I did not want to be a whiner, but, I guess I have to suck it up and reach out. Any suggestions on what to do now? I just recieved my VA-Form 21-526, and I am already confused. Is there a place I need to go to or call for help with this thing?

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Hello there and thank you for your service. Hadit is 'proactive' towards claims and there is no reason to er; 'suck up'. Okay, its taken me years to get past all that and it sounds like you are making a good start. Now, do you have a Veteran Service Officer? or have you been to a Veteran Service Center? thats a good way to start, by connecting up with other veterans as you have done here. What do you mean you just recieved your 21-526? Have you filled out the form?

My first thoughts are if maybe you havent already, read the FAQs here, request a copy of your service medical records (also known as SMRs) and do tell us if you applied for any other service conditions as of yet. It helps to know where to start, with what you have done so far, if that makes sense. best to ya, cg

I served during the tail end of Desert Storm and throughout Restore Hope. When I ended my tour of duty, I did not ask for any help with my medical condition. I got a DVT, and PSVT during service, but never did anything about it after the fact. It has been 12 years now, and my leg has continued to get worse, to the point of severe pain when walking and standing, so my husband told me to put away my pride, and ask the VA for help. I feel so stupid at times, because I did not want to burden my country with my medical woes, and I did not want to be a whiner, but, I guess I have to suck it up and reach out. Any suggestions on what to do now? I just recieved my VA-Form 21-526, and I am already confused. Is there a place I need to go to or call for help with this thing?

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Hi, thank you for the warm welcome. I am just now starting on all of this. I am sad to say, I have not contacted anyone except the Veterans administration, and the sent me a book and a packet to fill out. I just recieved it this week. I don't want to mess it up, from my understanding, that can make the process take much longer. I already know it will take about a year. What is a VOS? How do I get one? I have not filed for anything, EVER. This truly is my first attempt at getting VA help. Who do I contact to request a copy of your service medical records? Thank you so much.

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Have you read the first page and FAQs here at Hadit? Dont worry, you'll do fine, we are all veterans and family members. You may want to find a fellow veteran to ask about claims where you live, it differs. Now, a veteran service officer would be a Power of Attorny, someone like Disabled American Veterans, or VFW, American Legion, etc. We each here have had our experiences with thier 'service officers', ok or not ok. A service officer should act as a guide through the VA system. I have had three different VSO's (one at a time) and my current VSO is nice, I have alot more experience having worked my claim for several years, so namely my service officer 'double checks' my paperwork and shares information from the VA when action on my claim occurs.

So read, ask questions and again, welcome. cg

p.s. you said your disability is 5%? whats that for?

Hi, thank you for the warm welcome. I am just now starting on all of this. I am sad to say, I have not contacted anyone except the Veterans administration, and the sent me a book and a packet to fill out. I just recieved it this week. I don't want to mess it up, from my understanding, that can make the process take much longer. I already know it will take about a year. What is a VOS? How do I get one? I have not filed for anything, EVER. This truly is my first attempt at getting VA help. Who do I contact to request a copy of your service medical records? Thank you so much.
Edited by cowgirl

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re-5%, I had no idea until I started to read the board what that number was for, so I just put it down as a place holder, until I actually get all of this stuff done. Am I able to change it to UNKNOWN until I get through the process of finding it out?

In order to get a VSO, do I go to the VA hospital? I did not go overseas, therefore the only action I saw was the flightline, so VFW is out, I really don't know about any other services. I am truly ignorant of any of the services offered for me. I will read more, and hopefully get a good start. I did just find the place to get my Medical Records, so I am mailing that request in today. Any Idea how long it takes to recieve them?

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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