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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:

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oldman273

Have A Claim Question

Question

Well I have had a claim in for P&T for my back since 2009. I was granted SC for back in 2008 if granted does the original claim date go back to the date of claim or when I was SC for it? I had put in for IU but the claim is locked up in appeal it is supposed to go to BVA but I asked for a DRO hearing since I thought the claim of IU was satisfied with Doctors letters but the letters from Surgeon was not looked at even though it was submited prior to the appeal for IU before the claim was sent to BVA. I am told I have a video confrence this fall (I doubt it until I get the letter. Any ideas Thanks

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The date the entitlement arose or the date the claim was filed, whichever is later. So if you had an exam that showed a condition had eroded then that exam would be the date of entitlement, If you had no exam and the VA sebds you a c and p exam then the date would be the date the claim was filed.

Basser

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Well I have had a claim in for P&T for my back since 2009. I was granted SC for back in 2008 if granted does the original claim date go back to the date of claim or when I was SC for it? I had put in for IU but the claim is locked up in appeal it is supposed to go to BVA but I asked for a DRO hearing since I thought the claim of IU was satisfied with Doctors letters but the letters from Surgeon was not looked at even though it was submited prior to the appeal for IU before the claim was sent to BVA. I am told I have a video confrence this fall (I doubt it until I get the letter. Any ideas Thanks

We don't actually file a "claim" for P&T status.

If you have doctor/s that are willing to put in writing that your SC'd disability's are not likely

to improve and that in their opinion you are totally and permanently disabled due to these SC'd disability's.

You can just submit this to your VARO and ask them for any future review examinations

to be cancelled based on the doctors opinion.

I don't really have any guesstimate what date they will apply to your IU, if granted.

JMHO

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The date the entitlement arose or the date the claim was filed, whichever is later. So if you had an exam that showed a condition had eroded then that exam would be the date of entitlement, If you had no exam and the VA sebds you a c and p exam then the date would be the date the claim was filed.

Basser

Thanks I was not sure I had got SC for my back but the date I had claimed IU was before I was SC for the back. I got the worst luck of anyone I believe.

I showed my Doctor the requirements that the VA required me to prove I was IU and P&T was his Idea after he was reading the MRI and he shook his head and said my back has changed after the surgery and my back was showing mild arthritic changes from my Surgery since the surgery in May of last year. I read where you live in KY I love your state but the cold weather I cannot take any more. I hunted up near Patudka(?) 20 years ago while I was in USMC lots of beautiful country women up there and the deer were huge not like up in IL all of that corn I guess. Have a good day and thanks

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We don't actually file a "claim" for P&T status.

If you have doctor/s that are willing to put in writing that your SC'd disability's are not likely

to improve and that in their opinion you are totally and permanently disabled due to these SC'd disability's.

You can just submit this to your VARO and ask them for any future review examinations

to be cancelled based on the doctors opinion.

I don't really have any guesstimate what date they will apply to your IU, if granted.

JMHO

Thanks Carlie your advice and others have always been on the spot. As you stated I claimed P&T based on what my Surgeon had written that I was P&T and I filled for IU but I slipped up and had my claim in the pipeline to go to the BVA before I had my ducks in a row. I could not understand why they bumped it up my claim was not even close to a year after they denied me for my claim of IU. I sent the Letters and the Doctors paper work for Aid and Attendance but I was told I could ask for a DRO hearing before my claim for IU went to the BVA I put it in writing and the VA now tells me that I have a video confrence. I thought it was a DRO at my VARO and not at the BVA. Am I missing something?

I am moving out of state and if the VARO grants me P&T based on my medical evidence surgical notes how will that impact the previous claim for IU? That was my other question I hurt my back on active duty and it slowly progressed to the point it is today. After 3 surgeries I walk with cruthches when it is warm and a walker and house bond when the weather gets cold. I am in a real mess right now but I take advice from you guys and gals I have listened to others and I missed so many legal issues I quit asking others and keep my questions here. Thanks have a good day

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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
      i. Physical exam dated 25 Aug 93 listed headache.
      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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