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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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yupper, I would gladly brush shoulders with you Berta - and suck up all those brains by osmosis! Hero worship here~

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Guest terrysturgis

Berta, my daughter and family are moving to Fort Drum New York. They will be living in the town of Chaumont by the Fort. I am helping them move and we will be there in about two weeks. My family would like to meet the Lady that helped me get 100% P&T.

If you would, send me a PM or call my cell at 269-509-6439. Look forward to hearing from you. Terry

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Berta...Sincere congratulations for a job so well done. What a marvelous lady and fighter you are. You make all of us Vets wives very proud. I'm a newbie, so don't have the whole history on your struggle, but have read enough here to know that you really are something special, girl! I'm still on such a learning curve that I honestly don't understand half of what all you've actually achieved, but I'm sure YOU do and you sound pleased, so I'm happy for you. You have had this battle(s) of your own, but also have been so generous with giving of your time and caring for others on this site. Thank you for all of your assistance. It's really nice to see that when someone puts out so much effort and good that it comes back to them.

Lorraine

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Thanks all- in his death ROD WON! I never forget that and honor his service every day.

Terry-I live very far from Fort Drum-

and having a farm-this is the busiest time of the year for me.My hay-oat-corn rotation is worked by the dairy farmers down the road and I baby sit the herd every night when they come into my pastures.

Your family will love NY- it is absolutely beautiful.

Part of my farm is to the left behind the horseshoe driveway -going up into two wood lots (plenty of deer) and the rest is on the other side of the road.

The highest fields not in the photo- are about 2200 feet above sea level -you can see for miles up top- and the lowest part of my land goes into a valley at about 1200 feet above sea level.

Within 2 months the garden will be set in and then I plant annuals on three levels.

I built over 50% of the barn just past the farm house myself, helped add on 2 decks you cant see 2 years ago to my house and am helping a friend of mine put a greenhouse up out back next week.

I love carpentry!!!!

I don't leave home much.Lots here to maintain.And enjoy.

It is a very peaceful environment.

post-868-1271162195_thumb.jpg

Edited by Berta

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Guest terrysturgis

Sorry to hear that you are not close. Maybe someday we will travel your way.

My Son-In-Law has two years to go to get to retirement. They have bought a house and will be living about a 1/4 mile from the big lake. He and my daughter like to hunt and fish and it sounds like upstate NY will fit the bill.

Berta, between your Veteran advocacy, farming and general house maintainence no one can say that you do not keep busy. Terry Sturgis

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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.?
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    • 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. 

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      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?
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    • 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.

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