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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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  • 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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fanaticbooks

California (Ca): San Diego

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I have a VSO, and rely on her to make sure no deadlines pass and often contact her... I still don't know why I only got an SOC for 3 and not the other 3, no one knows.. and since the dro isn't telling anyone anything.. there isn't much I can do.. 8 months has gone by..

in another thread I posted that I sent a letter requesting my case docket be moved up due to life threatening chronic illness. Let's see if that helps.. but of course finding out might take a while longer... everyoneis dragging their ass... I could rant here, but won't help you guys any..

retiredat 44:

I AM HAVING THE SAME PROBLEMS WITH OAKLAND RO. AT LEAST YOU HAVE HAD A DRO HEARING AND YOUR SOC SUPPLIED TO YOU SO THAT YOU CAN ADVANCE YOUR APPEAL FUTHER IF YOU DECIDE TO DO SO.(DONT LET THE CLOCK RUN OUT ON THE REMAINING 3 ISSUES). I SENT MY NOD ON MY DENIAL OF SEPT.10,2010 ON SEPT. 16, 2010 AND AS OF TODAY AFTER REPEATED REQUESTS HAVE NOT RECIEVED( NADA) NOTHING. SO LAST WEEK I CALLED THE OIG IN WASHINGTON, DC. TO FILE AN OFFICIAL COMPLAINT AND WAS TOLD THAT AS OF FEB.2011 OAKLAND RO HAD 6480 CLAIMS ON APPEAL. I WAS ALSO GIVEN THE DIRECT FAX NUMBER TO THE VETERAN SERVICE CENTER MANAGER AT OAKLAND RO WHERE I FAXED AND MAILED FORM 21-4138 DIRECTLY STATING MY INTENT TO FILE A " WRIT OF MANADUMS" FOR FAILURE OF "DUE PROCESS PREMISED ON UNTIMELY DELAYS". IF NO REPLY IN 30DAYS I WILL FILE THAT WRIT. I MIGHT NOT SUCEED ON GETTING THAT ORDER BUT AT THIS POINT I FEEL I HAVE NOTHING TO LOSE AS IN 7 WEEKS MY 1 YEAR ROLLS AROUND (SEPT.16 2011). HANG IN THERE BROTHER ,WE MUST CONTINUE THIS FIGHT FOR ALL VETERANS.

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My claim is at the Los Angeles Regional Office. My attorney and the DRO had their hearing on October 9th, 2009, almost 22 months ago. 2 months ago my attorney sent a letter to the Service Manager with no response. Today my attorney's office called and said that they have sent a letter to the regional director, he has 30 days to respond, if not, then they plan to send a letter to The Honorable Eric Shenseki, Secretary of the VA.

The Court has asked them to follow the above steps before filing a writ of mandamus.

Happy Trails

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I probably should not be repetative here, but i sai dthis in another thread, but the answer fits here too..

my VSO told me, the regional offices are still busy with Agent Orange claims... and they might be done around October 2011. I could rant about it, but it won't do any good.. I am just passing on what i heard today from my vso... and why the regional offices are so frakkin slow..

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I just wanted to praise the DAV travel...

DAV travel gives rides to vets and (disabled veterans) to and from their appointments... They are volunteers and get up early and come home late.. they drive long distances, and help many people. They do not get paid. They do it to serve the veteran community. I have no several great drivers who volunteered up to 2 or more days per week, as sometimes they were short of drivers. The drivers must go through a hard physical. Sometimes one or more will pick up slack whent here are not enough drivers. They may do this exra work for weeks and months at a time...

I wanted to give a shout out for al those that have done all the halp in bring my carcass back and forth to my appointments and drive with up to nine passengers in a VA DAV van (not always full, but often).

They put up with mostly good people but not all are nice. They help people in and out , in all weather,, soemtimes starting at 4:30 a.m. and getting home around 2 p.m. other times not as many hours. They can use GPS, the computer, or just know the streets. They sometimes put in up to 10 years, even more.

Thank your DAV travel office staff..

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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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