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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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Berta

Reps Problem

Question

The check is in the mail.

If I had not been aware of this benefit(my former reps didn't have a clue as to what it was - although it is part of every DIC app)-for those widows or widowers who meet the criteria-

and if I had not raised some Hell yesterday-with the VA -I could have lost this benefit and the retro cash!

The regs were on my side -that is all I needed.

Actually the problem started when they lost my app twice but I am used to that-and the VA approved this in January but some dope tried to tell me I had been denied.

His VA supervisor was just wonderful and knew right away that I should have gotten this benefit months ago.And he saw to it that I will get an award letter and the money.

Another case of the VA having all of the evidence they needed ,and approved this, yet managed to stall payment of what is mine.

Guess they hoped I would drop dead.

We all have to stay as healthy as we can to spite them!

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congratulations! Keep up the good fight!

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The check is in the mail.

If I had not been aware of this benefit(my former reps didn't have a clue as to what it was - although it is part of every DIC app)-for those widows or widowers who meet the criteria-

and if I had not raised some Hell yesterday-with the VA -I could have lost this benefit and the retro cash!

The regs were on my side -that is all I needed.

Actually the problem started when they lost my app twice but I am used to that-and the VA approved this in January but some dope tried to tell me I had been denied.

His VA supervisor was just wonderful and knew right away that I should have gotten this benefit months ago.And he saw to it that I will get an award letter and the money.

Another case of the VA having all of the evidence they needed ,and approved this, yet managed to stall payment of what is mine.

Guess they hoped I would drop dead.

We all have to stay as healthy as we can to spite them!

Well, Berta, as those of my descent have a fondness of saying: MAY YOU LIVE TO BE 120!

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Berta,

I have been off the board for a while - did you ever get all of your VA claims rated properly and get your retro pay? Have the VSOs who did you wrong been brought to justice?

Hoping everything has settled out for you in your favor by now. I know you've been fighting the VA since I was working my claim years ago.

Let me know what the status is on all your claims.

Take care,

TS Snave

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Berta;

I am very happy and I think that your determination and the knowledge you have learned is most impressive.

There is no telling how many widows that you have helped both here on Hadit and other Veteran places.

I think that there is something very wrong with the VA System where it makes the claimant responsibly for asking the right question, citing the rules and pretty much doing the work that VA should do on their own initiative.

Some of these lazy azz VA Councilors should be going out in the community and nursing homes and telling spouses that they may qualify for VA benefits.

I still have fond memories of how you started and got help from many including the famous tutorial of how to cut and paste.

I also want to thank you for helping Claimants get organized and prepared with CFR's suggestions on how to and encouragement.

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here here!

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    • 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
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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