Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Waiting On Claim

Rate this question


sunfish34

Question

I HAVE BEEN WORKING HARD WITH MY HUSBAND TO GET HIS CLAIM DONE WITH THE VA, FIRST WE FILED FOR SSD AND HE WAS AWARDED THAT WITHIN 6MTHS OF FILING. THEN WE FILED FOR

HIS VA SC DISABILITY, WE WAITED 13 MTHS TO GET A C&P, WE DIDN'T KNOW ANYTHING ABOUT

TDIU AND P&T WHEN WE FILED, I FOUND THIS WEB SITE AND IT HAS BEEN SO MUCH HELP, MY QUESTION IS SHOULD WE WAIT FOR HIS APPROVAL BEFORE WE FILE FOR TDIU AND P&T OR GO

AHEAD AND GET IT IN NOW, WILL IT SLOW DOWN HIS CLAIM, HIS DOCTOR SAYS ONE OF HIS

DISABILITIES ARE FROM A SC BACK PROBLEM AND THAT IS WHY HE CANNOT WORK, HE ALSO SAID

HE WOULD DO WHAT WE NEED TO HELP US OUT, THAT IS HIS ORTHOPAEDIC DOCTOR, THANK YOU FOR YOUR HELP B)

Link to comment
Share on other sites

  • Answers 34
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • HadIt.com Elder

Sun:

Thank you for helping your husband. How bad do you need money? If you really need the Cavalry to show up than wait for an answer. It should not hurt your time if you sent the Rating Office a copy of his award letter provided its something to do with the VA claim.

If you can get his Doc to write a letter that says his service connected back injury keeps him from working.

Most people with a back injury also suffer from Depression or some form of it. A secondary condition can also be rated if shown that it is caused by the original injury.

My best to you and your husband and hopefully you are near the end of your wait.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

WE DID LET THEM KNOW HE IS DRAWING SSD, AND YES HE IS BEING TREATED FOR DEPRESSION, HE TAKES MEDS THAT HIS VA DR GIVES HIM ALONG WITH PAIN MEDS AND MEDS FOR GERD, AS FAR AS MONEY GOES I WORK FULLTIME AND HE GETS HIS SSD ALREADY, BUT AS WE ALL KNOW IN THESE TIMES A LITTLE MORE GOES A LONG WAYS, IF WE DO WAIT TO SUMMIT NEW PAPER WORK DOES IT RETROED BACK TO THE DATE WE FILED THE FIRST TIME??? THANK YOU

Link to comment
Share on other sites

  • HadIt.com Elder
I HAVE BEEN WORKING HARD WITH MY HUSBAND TO GET HIS CLAIM DONE WITH THE VA, FIRST WE FILED FOR SSD AND HE WAS AWARDED THAT WITHIN 6MTHS OF FILING. THEN WE FILED FOR

HIS VA SC DISABILITY, WE WAITED 13 MTHS TO GET A C&P, WE DIDN'T KNOW ANYTHING ABOUT

TDIU AND P&T WHEN WE FILED, I FOUND THIS WEB SITE AND IT HAS BEEN SO MUCH HELP, MY QUESTION IS SHOULD WE WAIT FOR HIS APPROVAL BEFORE WE FILE FOR TDIU AND P&T OR GO

AHEAD AND GET IT IN NOW, WILL IT SLOW DOWN HIS CLAIM, HIS DOCTOR SAYS ONE OF HIS

DISABILITIES ARE FROM A SC BACK PROBLEM AND THAT IS WHY HE CANNOT WORK, HE ALSO SAID

HE WOULD DO WHAT WE NEED TO HELP US OUT, THAT IS HIS ORTHOPAEDIC DOCTOR, THANK YOU FOR YOUR HELP B)

I take it that your husband reopened his claim/claims for an increase. That said, I would wait for the decision from that, if he had the C&P already then a decision will soon be forthcoming and sending any evidence now may not make into his folder before. If he gets a high rating then the VA will automatically start the process for IU. I agree with Pete, that you need to submit his SSA decision & incorporate your privet doctors opinion.

Link to comment
Share on other sites

  • HadIt.com Elder
IF WE DO WAIT TO SUMMIT NEW PAPER WORK DOES IT RETROED BACK TO THE DATE WE FILED THE FIRST TIME??? THANK YOU

Yes, to the date that he reopened his claim and not the original unless that was less than one year ago.

Edited by poolguy11550

Link to comment
Share on other sites

IT HIS ORIGINAL CLAIM, NOT REOPENED, THANKS FOR ALL THE HELP, AND IF ANY ONE

NEEDS SOME HELP OR QUESTIONS, I WORK FOR FIVE ORTHOPAEDIC SURGEONS, DR'S THAT ARE ALWAYS READY TO ANSWER ANY QUESTIONS

Link to comment
Share on other sites

  • HadIt.com Elder

Good Morning sunfish34. with the limited gen. information that you presented, If you are truly in no hurry to receive the retro check, if you understand the requirements to be eligible for IU, and you belive he does qualify for IU, then if you file the IU claim now, and request that his IU be combined with the original claim. And, If your husband indeed won his claim and qulified for IU, then his pay @ the 100% comp. level would be retro back to when you first applied. I filed an amended increase for another disability a few months after I filed an original AO claim and the VA attached it to my pending claim. Any increase would be retro to the original claim date. ( although I qualify for the rating increase, my personal reasons were punitive in nature ), and I can wait till the cows come home, to hear back from the VA. It's been many decades, until recently, since I had dealings with the VA. I am loathed to step foot in a VAMC or VARO. I have read horror stories of VA employee misadventures and not dealing fairly with the vet. There could be pitfalls in trying to attach another claim to the original. The reward could be much more considerable than a combined 60 or 70% with the dominate disability being over 40%. From what I have read, who knows what a VA's RO (rating officer) would do with your original claim, knowing that a new IU claim was coming down the line later. Is there a time limit on adding new sc conditions to a pending claim? I don't know. It might be too late to attach the IU claim to the 13 to 18 month(???) pending claim you already have. Again, I don't know. I have read your posts, sunfish34, you handle yourself well. Do you have a Veterans Service Officer ( VSO ) helping you with the original claim? Ask the VSO? Please report back here. You would be helping other vets who come aboard Hadit who are looking for answers too. Best wishes for a happy and successful new year.

Sun:

["Thank you for helping your husband. How bad do you need money? If you really need the Cavalry to show up than wait for an answer". ]

post-4811-1230301930_thumb.jpg

Edited by Commander Bob 92-93

"it shall be remembered"...

"We few"

"We happy few"

************************

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use