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    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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Mark

Eye Question Pls

Question

I got the results of my MRI and the Dr's notes today and this what they both had to say. I was hoping some expert out there could help me understand what it means please.

OD 20/40 AUTOMANIFEST OD 20/25

OS 20/25 AUTOMANIFEST OS 20/20-

NORMAL MRI

Impression

1) EXTENSIVE unilateral VF loss OS

- likley vascular ischemic event 2* Migraine

2) Pt ed on findings of MRI and VF test. Pt understands VF loss is likely permanent and non-progressive.

We had a long talk about the results and what they told me was I have a small tunnel of vision in my left eye. I have lost all vision both to the left and right of the eye. It is like looking through a straw. It is no getting worse but it is not getting worse over the last 3 yrs either. It is permanent. I am currently 50% for migraines but with this both Drs said I should be 100% on this alone. Can anyone help me out on this one.

Thanks.

R/

1Marine

PS Atleast it is not a brain tumor. I am already 50% for migraines and 100% scheduler.

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Guest Berta

Mark- this visual acuity VA rating schedule might help you-

http://ecfr.gpoaccess.gov/cgi/t/text/text-...2.97.40&idno=38

What do you get the 100% schedular for?

Is the 50% migraines part of that 100%?

Is the eye condition associated with the migraines?

"likley vascular ischemic event 2* Migraine" do you know what do they mean by the

2* ?

Is that how it looks on the MRI report?

Yes thank God it wasn't a brain tumor-

I wonder what they have found the cause of the vascular event to be?

Do you have High Blood Pressure?

If so have they associated that with this "event" or with the migraines?

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Hi Berta,

I am 100% for the following issues:

50% for sleep Apnea

50 migraines

50 major depression

30 shoulder

10 traumatic arthritis

10 traunatic arthrits

10 condition pf the skeletal system

10 tinnitus

10 sinnusitus

10 upper respistory condition (asbestos)

10 skin condition

10 knee

10 knee

0 hypertension ( on medication from the VA))

0 acid reflux ( medication from the VA) diagnosised with a hialated hernia

0 scar

PTSD deferred

pending Migraine Blindness and Fibromylia.

Plus I did not file for a couple of other things, just lost the will to keep putting in once they granted me 100% scheduler. But during a routine exam for my glasses my doc discovered the blindness and ordered the MRI. During my physical therapy my other diagnosis was raised by the occupational therapist as to why my neurologist never followed up on my original VA Dr's diagnosis if fibro and that got that ball rolling. So here I am just asking these questions again. I would just be happy if they would grant me P&T status now. I am due for a re-look in May 2007 on the depression so I guess I will just wait and see. Maybe the other two issues will grant it sooner. What do you think?

1Marine

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Guest Berta

Mark- the 100% schedular was combined total from 270 % service connected disabilities?

Did the VA ever consider you for TDIU- Total Disability based on unemployability?

Do you get SSA disability?

The doctors by saying the vision problems are 100%- need to consider that this problem has to be tied into one of your service connected disabilities-

OD means oculus dexter- right eye and OS is oculus sinister- left eye-

This statement

EXTENSIVE unilateral VF loss OS

meaning the extensive visual field loss in your left eye certainly is what the VA would consider-

but I cant seem to find -yet-how they (VA) would actually rate that and why the docs said 100%-

This would certainly impair your ability to drive- and thus your ability to work-

are you able to work or drive at all?

What us the status of your PTSD claim?

were you diagnosed with both depression and then PTSD too?

Sorry for all the questions Marine-

I looked under "tunnel vision" and couldn't find much- does anyone know the medical terms for Mark's restricted visual field?

Do you have an actual copy of the full MRI report?

Semper fi Berta

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Hi Berta,

I am 100% scheduler and am not sure what you mean by 270%. All I know is that I am 100% total and not P&T. I am working and have missed over 90 days this year alone. I have not yet considered TDIU because I need to work. I do not get Social Security if that is what you n=mean by SSA. My Dr stated that my vision problem in his and her opinion (there are two dr’s who saw me) that my condition alone would most likely be a 100% condition. Since I am service connected for migraines already at 50% the nexus for an existing condition would already be met in their opinion – that was the language they used when discussing it with me. I can see straight but tunnel vision is being kind when describing it. I have no peripheral vision at all and that is a serious handicap. I have not pushed the PTSD issue or the fibro or the hilated hernia or the hyper tension issue. My focus has been on keeping my job and supporting my family. Being depressed and all these ailments is a full time issue for me plus I have three kids and a wife. I do not have a copy of the report but basically what it said was not tumor but vascular issue are causing my blindness as a direct result of my weekly debilitating migraines. Sometimes my blindness last longer than others but it is always there – just worse some days than others. My blindness is about 4 yrs old with a 21year history of military records supporting the migraines. Not sure why they will not grant me P&T status on it. Any suggestions?

Mark

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Mark if you are 100% Schedular you don't need TDIU. I am lgad that you can work.

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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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