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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
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      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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scout1069

Good Evidence Or No?

Question

I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?

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Okay, so I e-mailed my Voc Rehab counselor yesterday with my request and then again this morning better outlining what I was looking for. To my surprise, he e-mailed back this morning and said he could help with the letter,but that my case wasn't closed and he is waiting for some funding to free up so that they can schedule an in-house assessment for ILS. Then he called a couple of hours later and after talking things over, he said he would call VARO and speak with whomever is looking at my claim. Does this sound positive to anyone?

Me too Carlie Mosh Kosh

You are 80% now - so there MUST be an impact of your SCs on your Voc Rehab situation.

I would write the letter as Carlie said and ask him to define clearly whether or not your SCs impact on the denial of Voc Rehab.

And if not- what kind of medical rationale can he document for you to justify that they don't.

Do you see a VA shrink or just the LCSW?

"You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication."

If the emotional instability and medication regimen is due to your SC disability and it's SC meds-

he should state that in his report.

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To me it does sound positive!

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Yes it sounds POSITIVE! Have Faith and everything will work out in the long run!

God Bless!

B6

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I received another letter from my Voc Rehab counselor saying: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment due to your service connected disabilities. However we will be providing you an evaluation for Individualized Independent Living Services. Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits? My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

Yes it sounds POSITIVE! Have Faith and everything will work out in the long run!

God Bless!

B6

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I received another letter from my Voc Rehab counselor saying: As your vocational rehabilitation counselor,

I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment

due to your service connected disabilities.

However we will be providing you an evaluation for Individualized Independent Living Services.

Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits?

My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

scout,

This looks good. I would make about 10 nice, crisp, clear copies of this to keep

in my files.

Also scan and put on a disc if possible, with other things of importance.

This evidence can also be used for an SSA claim, if you have one.

I believe the IU should be adjudicated separately from an Independent Living evaluation

as these are separate benefit issues.

I do not think the VARO is even in the loop to make a decision on you receiving any Independent Living benefits

unless those benefits are denied and you somehow appeal them.

I would also submit a copy of this additional letter (for support) on your issue of IU.

Yes, I know you were told,

"he said he would call VARO and speak with whomever is looking at my claim."

That's all well and good - but it's verbal !

It needs to be of record in writing in your claim.

I would have it there pronto (with proof I submitted it) as they have not yet finished adjudicating this issue.

JMHO

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  • Similar Content

    • By ThomasGray
      First off, hello and thank you in advance for any help that can be provided. Also, I apologize if something is not clear, trying my best to keep things concise.
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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      • 3 replies
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