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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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Jim 501st

100% Pt For Meniere's Disease

Question

I got a decision for Meniere's today. The BVA service connected it Jan.14 2010. The RO-AMC rated me 100% PT Feb.4 2010. I recieved my decision today.

I'm still numb, I filed a form 9 June 2009, Had a BVA hearing Oct. 30 2009, Decision granted service connection right knee and Meniere's disease Jan. 14 2010. AMC rated meniere's 100% total back to Feb 2007 and right knee 10%

back to Oct. 2005 Feb. 4 2010

God Bless Jim 501st

Edited by Jim 501st

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That is excellent news. I am so happy you won this one, for I have the same illness and

it is a hard road to travel. I am pretty sure it was you that fell into the police officer

at the WVA Fair. Am I right?

Take care,

Betty

Edited by Josephine

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FABULOUS NEWS Jim!!!!

Relax and then enjoy and make sure your retro is correct when you have time.

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Thanks from all. Yes Josephine I am the one who staggered into the WV. state trooper at the state fair. It is always fun when my Wife forgets and leaves me loose in a crowd. I sure meet alot of strangers. If I remember correctly you too suffer from this same disease. You have to have it to know how debilitating it can be.

Berta I do have a few question concerning my claim,

1. I already had an award of 30% hearing , 10% tinnitus which went away and was included in the meniere's decision. I also have a 50% rating for ptsd and now a 10 % rating for right knee. This gives me a single 100 % plus a 50% and a10%. For the S award does the 50% and 10%, which comes to 55% round up to the 60%. If It doesn't I still have a shot with the Left knee which is on remand as a residual to the right knee.

2. A&A- On the reason for decision the rater quoted a paragraph from my C&P report as follows.(The VA examination dated January 7, 2008, showed that you experience dizziness when you sit up in bed. You have constant dizziness and vertigo, and also have constant gait problems, You have difficulty getting up out of a chair and you have a noticeable gait disturbance and lean towards the left. Your gait would prevent you from performing many activities of daily living without assistance. Based upon the evidence, an evaluation of 100 percent is warranted for your Meniere's disease.)

My Wife does assist me with more than I would like to discuss, but my question is . Doesn't this decision as written qualify me for A&A?

If it does Qualify, what level would a rater assign? What should I do to bring these items to the attention of the RO. Please don't think I don't appreciate the award I have. I DO, but I think it possibly should have been rate a little higher.I would like opinions as I don't want to clutter up the system if it is unwarranted.

Thanks Jim 501st

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Jim.

I am not Berta, but here goes. This is what I was told.

Fill out this form and turn it in to your local office.

I was told to have my reqular doctor fill out the form.

http://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

Jim, Mine is not service connected and yours is. In my opinion you definitely meet the

requirements for the assistance.

I would fill out the form and turn it in.

I only wish there was a cure for this dreaded disease, but there is not.

I have checked with Baltimore and everywhere and there is nothing available.

I know what you mean by your wife helping you, God only knows, I couldn't survive without

my husband.

Always,

Betty

Edited by Josephine

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I got a decision for Meniere's today. The BVA service connected it Jan.14 2010. The RO-AMC rated me 100% PT Feb.4 2010. I recieved my decision today.

I'm still numb, I filed a form 9 June 2009, Had a BVA hearing Oct. 30 2009, Decision granted service connection right knee and Meniere's disease Jan. 14 2010. AMC rated meniere's 100% total back to Feb 2007 and right knee 10%

back to Oct. 2005 Feb. 4 2010

God Bless Jim 501st

Well done!

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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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