Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
Jim 501st

100%+Aa=Iu

Question

1) I was denied an increase from 50% to 70% in 2004 for PTSD. (I filed an IU the same time I filed for the 70% increase. Both these claims were denied so I appealed this to the BVA.)

2) I was denied a right knee injury in 2005.

3) I was awarded 30% hearing loss in 2007 but was denied Meniere's Disease 1/22/07.

4) I applied for left knee disability as a residual to the right knee.

These all went before the BVA judge at the end of 2009. In her decision, she service connected the right knee which the RO assigned 10% disability. She also service connected the Meniere's Disease which the RO had no choice but to award 100% permanent and total because of the evidence in their possession. She remanded the left knee residual which was service connected and awarded 10%. She also remanded the IU. (I applied for Aide and Attendance and was awarded at the L 1/2 SMC.)

This is where it is becoming very interesting. March 4, 2011 I had three C & P's for IU. The question to all three examiner's was "Is this veteran unemployable prior to 1/22/07."

1) One C & P was for hearing loss and under "Please describe how the veterans disabilities impact his ability to secure or maintain gainful employment." Based on the veteran's hearing loss, his ability to communicate effectively is severely impaired. Impaired communication can result in a difficulty working environment compromising productivity. People with hearing loss have difficulty getting and keeping a job. Those that have employment need communication accommodations to function most effectively. However, due to uncertainty or fear, employers are ofter unwilling to hire hard of hearing. This is illegal under various laws, but still extremely common. In the MarkeTrak VIII study of more than 40,000 households in the US on earnings and unemployment rates, hearing loss revealed a deleterious impact. (The Hearing Journal Oct. 2010 Volume 63, Issue 10). (I failed to mention that earlier in her report she had my hearing as severe to profound in both ears.)

2) Psychiatric report for PTSD. DIAGNOSTIC IMPRESSION: Axis I: Post-traumatic stress disorder, major depressive disorder. Axis II. No diagnosis. Axis III. Meniere's syndrome, traumatic arthritis of knees, degenerative joint disease of bilateral knees and lower back with history of back surgery. Axis IV. Multiple surgical health problems. Axis V. Global Assessment of Functioning equivalent to 40.

OPINION: The Veteran continues to suffer from symptoms of depression. The Veteran suffers from chronic pain. Has difficulty ambulating. Has hopeless, helpless, worthless feelings. The veteran has symptoms of PTSD related to intrusive thoughts, flashbacks, nightmares of the past. He has avoidance behavior to watching anything relating to war as well as crowds. He gets anxious and nervous. He gets hypervigilant with loud sounds. The Veteran, in addition, has multiple physical health issues; two major problems being Meniere's syndrome with constant dizziness and feelings of nauseous and difficulty with ambulation secondary to the same, and has to walk with the help of a cane as well as having problems with ambulation and balance secondary to arthritis of his knees. The Veteran had a 1961 right knee injury. He has had arthritis. He has had back injury and has had back problems. In addition,, he has heart problems, thyroid problems, cholesterol problems, GERD, etc. The Veteran's evaluation by Dr. -----on 7/29/04 indicated that he was unable to work since 1985 due to back injury and Veterans evaluation of 7/12/2005 of Dr. ------- ( C & P exam) indicated PTSD and associated with moderately severe to severe major depression with the statement that physical and emotional condition had affected him socially, industrially, as well as occupationally, matter being further compounded by his numerous physical problems including poor hearing and back pain. As far as opinion of impact of service connected disabilities a whole on his ability to secure or maintain gainful employment prior to 1/22/2007. The Veteran has suffered from multiple physical and psychiatric health issues prior to 1/22/2007 and the service connection was in effect for PTSD and right knee disorder at that time with PTSD evaluated at 50% and right knee as 10% disabling.

The Veteran has suffered from PTSD along with right knee condition as well as other multiple physical health problems for the last several years, and Veteran has not been able to work since 1985 with educations being 8 years of grade school with GED later in service and experiencing work as a supervisor for a construction company and unable to work full time since 1985. The Veteran has multiple physical health problems including service connected conditions as mentioned above which affect him severely with any kind of gainful employment or maintaining any gainful employment or substantial gainful employment prior to 1/22/2007. The Veteran did start with his back injury, unable to work, but over time the Veteran has had symptoms of post-traumatic stress disorder, right knee injury, chronic pain, balance problems, Meniere's disease, and multiple health issues which affect him on a day-to-day basis with physical and emotional issues affecting him in a negative way with social, occupational functioning including mood. The GAF is reflective of severity of Axis I diagnosis which is severe. The Veteran's condition does affect him severely in a negative manner. As far as ability to secure or maintain gainful employment prior to 1/22/2007.

3) C & P by medical doctor is too lengthy but in-a-nutshell he also said my service-connected knee injuries made me unemployable including sedentary prior to 1/22/2007.

Since all these issues were remanded to the RO, I have been awarded 100% secular for Meniere's but these reports must now go back to the BVA for a decision on IU. I don't know what the results will be, however, if she awards IU it would be back pay at 100% rate for two years prior to the original date of 100%. Any comments? Jim 501st

I have another question. I applied for aa after I was awarded 100% for meniere's, It was awarded but only back to the date I applied, Which seemed right at the time. Since the Brady decision I wonder if I should request an earlier effective date at least too the date of my C&P which is the date they used for the award? The reason I ask this questions because the C&P examiner stated in her report (The Veteran has a gait problem and this would prevent him from performing many activities of daily living without assistance.)

This case will now be returned to the BVA for a finale decision. should I bring this up soothe Judge consider it ?

Thanks Jim 501st

Share this post


Link to post
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines