Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Increase To 70% Finally Approved

Rate this question

jet187

Asked by jet187,

 Share

Question

jet187 Contributor

jet187

Posted
Posted

Hey all,

thanks to all the great advice & people on this forum, I received the big white envelope from the Regional yesterday saying I was given temp. 100% SC for 2 months March 30 to June 3 due to hospitalization over 21 days. An evaluation of 70% is assigned from June 2011 going forward.

I put my claim for increase for 100% P&T immediately after I was discharged from the PTSD program in Lyons in June 2011. Had my Increase C&P in July, then waited until yesterday.

My next step is to decide if I should NOD the decision or just go ahead and apply for TDIU.

Couldn't have done it without the support & advice I have read on this amazing site.

Thanks Brothers & Sisters!

Link to comment
Share on other sites
  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

5 answers to this question

Recommended Posts

  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

jet187 - why did they deny 100% (or TDIU, an inferred issue, when they awarded the 70%)??? Please post the info from the "reasons and bases" section of the decision. Thanks!

pr

Hey all,

thanks to all the great advice & people on this forum, I received the big white envelope from the Regional yesterday saying I was given temp. 100% SC for 2 months March 30 to June 3 due to hospitalization over 21 days. An evaluation of 70% is assigned from June 2011 going forward.

I put my claim for increase for 100% P&T immediately after I was discharged from the PTSD program in Lyons in June 2011. Had my Increase C&P in July, then waited until yesterday.

My next step is to decide if I should NOD the decision or just go ahead and apply for TDIU.

Couldn't have done it without the support & advice I have read on this amazing site.

Thanks Brothers & Sisters!

Link to comment
Share on other sites
cooter Mentor

cooter

Posted
Posted

I agree with PR re; posting the info. Depending on the reasons they based their denial on, you might be able to rebut that, via the DRO review with a NOD. It'll be a lot better and faster to have it approved there, than have it go to BVA for approval.

Coot

!!!BROKEN ARROW!!!

Link to comment
Share on other sites
jet187 Contributor

jet187

Posted
  • Author
Posted

Philip & Cooter,

I was originally 50%. Then went into the PTSD program for 2 months in April-June. I was advised by the VA docs to put in for 100% when I got out which I did in June. Had my Increase C&P in July.

They shot me down for 100% in the Reasons for Decision as stated:

"A higher evaluation of 100 % is not warranted unless there is a total occupational and social impairment, due to such symptoms as:

Gross impairment in thought process or communications

Persistent delusions or hallucinations

Grossly inappropriate behavior

Persistent danger of hurting self or others

intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene)

Disorientation to time or place,memory loss for names of close relatives,own occupation, or own name.

I think I have at least 3 of the symptoms listed above now.

They said my GAF was 45. A range of 41-50 indicates serious symptoms, or any serious impairment in social,occupational, or school functioning.

The also said" The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 % disability evaluation."

I did go back to work shortly after being discharged from the program,because of family financial issues but I work 2 days a week now. Maybe they denied me the 100% because I am still working I guess.

I want to talk to my VA Pysch Doc when I see him in a few weeks & see what he has to say. He has been supportive in the past, wrote me a support letter when I put in for the increase.

The Decision letter does not say anything about 70% & applying for TDIU.

Notorious Kelly, sorry I don't know how to post this in the Success Stories forum. Apologize if I posted in the wrong forum.

What should I do?

Thanks for any advice given.

Link to comment
Share on other sites
alphahec Collaborator

alphahec

Posted
Posted

Congrat!!!

Operation Iraqi Freedom 07-08

40% lower back, 10% migraines, 10% depression, 10% dermatitis 0% residuals of right foot, 0% esophagitis & 0% hypertension

"To care for him who shall have borne the battle and for his widow, and his orphan"

- Abraham Lincoln

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter
    • First Post
      Sparklinger
      Sparklinger earned a badge
      First Post

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept