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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Woody7810

Va Called My House

Question

I have 2 claims waiting to be rated ( before rating board as of 08 / 2010) and a claim on appeal to be called by the BVA.

All of my C & P exams was finished in May 2010. VA called my house today to schedule a C & P exam for a claimed which was denied in the past. This is the same claim waiting to go before the Board. This appealed was filed in 02 / 2009.

Is it normal for them to call me at home to schedule and exam? All of my other exams appts were made by the hospital and they told me when to come in a letter.

Thanks, Woody

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It is not really normal but I would sure as heck attend the exam. The VARO should send you a letter for the exam. This way you get paid for milage also.

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I will be their God willing. It just seem so strange they do this. The VA usually make you jump through hoops backward`s

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With the large number of claims pending the VA has begun to do a lot of telephone development. It has always been an options, as it saves time for the veterans.

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It do decrease the time we veterans have to sit and wait for a decision.

The hardest time we have from the posting I have seen is not knowing what the VA is doing.

The idea of not knowing what is going on causes more stress and when you need help, You Need Help!

We Leave No One Behind!!

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Yes I have been called a couple of times in the past from them to set up C&P's.

Now if this C&P is for the issue you have before the BVA on appeal. I see this as a good thing! Many times appeals get in front of the BVA and have to be remanded for a C&P. This really gums up the works. Also not to get your hopes up but if your claim is still at the RO and waiting to be certified to the BVA the RO also takes a look at it to see if they can grant it at the RO.

All of this is a good thing and shows movement.

I have an appeal in waiting to be certified at my RO that has been there since June 09. Wish it would move!

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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. 

      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?
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      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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