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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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  • 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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majrrich

Earlier Effective Date Question

Question

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

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Whoa Hoss! Before you sue your VSO, look into the very real possibility your claim was shredded by the VARO! Your claim may well have been one of the 16,000 claims "found" at just one RO! Just to CYA, file a "Special Handling Request" for shredded evidence before Nov 2009. Show this evidence to support your SHR: Medical Exams, IRIS Emails, contact with VSO's, document the date and times, visits to the Va hospital, etc. By corroborating your evidence, you may well be able to demonstrate an EED based on shredded evidence.

Do Not trash your VSO, at least not until you are sure that is where the bugaboo happened. Frankly, it is far more likely that your VSO sent the claim and the VARO shredded it, along with thousands of other Veterans claims.

Read a few of these and see how the VA has shredded and spoilated thousands of Veterans claims:

Watchdogs Report on VA Shredder Scandal

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If you filed the claim in 2006, through a VSO there would be copy of what they filed in the VSOs file on you-

and you would have received a VCAA letter within 3-6 months after receipt by VA of the claim.And also "we have received your claim blah blah" letter-

I hate to stress this point strongly here but we MUST be proactive -whether we have a vet rep or not!

Since the rep advised filling a DD 149 to correct your name-he/she might have felt that was first step to do- because why file a claim if the name on your records is wrong.

Would the rep sign a statement that he did in fact file the claim for you in 2006?

It is possible that he did and the VA lost it.I agree that you should have reacted very quickly to the Iris replies that they didn't have your claim.

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If you filed in 2006, both your Rep AND VA should have a record of it. If neither one of these have it it didn't happen. The chance of neither one having a copy is 1 in 1000000000000000000000000000. Maybe you thought you filed but filled out something else. Maybe it was the name change form you were filling out and never filled.

Frank

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

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Here is the Problem. Filed Claim Aug 2006 with AL. My name was spelled wrong on the Stressor (Bronze Star). He said I needed to get it corrected. I informed him I had a corrected copy I faxed it to him. I had it corrrected in 1969 2 years after I left the service. After that I was una ble to either reach him or get an answer from him. When I fired him I had them send all my paperwork. My orginial claim from was never date stamped by the VA only one stamp American Legion Aug 2006. There is no doubt the AL dropped the ball and I was too naive to act quickly enough as I said; once I took charge and sent the paperwork myself I managed to get my SC'D back to the date that I sent the claim not when the AL was supposed too

The VA is not at fault here

to this date the AL has never responded to my requests as to why they never submitted it.

I filled out a statement requesting to open a claim

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I recommend:

1. Filing TWO written requests for your C file...one each in both spellings of your name.

2. Again, the VARO is 100 times MORE likely to loose or shred your claim than your VSO, so file a special handling request...you can include the possibility that your VSO mishandled your claim as well as the VARO, if you think either is a possibility.

You want to CYA, so do both these things, then, when a copy of your cfile arrives, which will be months/years, you will know much better what is going on. AGAIN, if you went to a VA doc and told him that you were depressed, that is an INFORMAL claim for depression (or other conditions) so follow the exam up with a formal claim. On your formal claim, MAKE NOTE THAT THIS IS THE SECOND TIME YOU APPLIED FORMALLY, THAT THE FIRST TIME WAS ............. DATE, AND THAT YOUR CLAIM WAS MISHANDLED EITHER BY THE varo OR THE vso.

Remember, the VSO's and VARO's "share office space", that is the VARO gives "free" rent to VSO's probably in exchange for an "attitude adjustment" on the part of the VSO

toward the VARO. In other words if a guest is staying in my house, eating my food, using my electricity, HE had better not bad mouth the hand that feeds him!

Edited by broncovet

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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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