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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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Big Mac

Pending Decision Approval

Question

According to Ebenefits my claim has been sitting @ Pending Decision Approval for over two weeks. I've called 1-800-827-1000 twice & their response is that my claim is in notification phase with an average 15 days to receive.

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Update, according to E-benefits my claim is still Pending Decision Approval as of 3 Jan 2013. I called 1-800-827-1000 according to the "VA rep" my claim was moved to Pending Notification as of 14 Jan & Complete as of 17 Jan, still there are no updates to E-benefits online!

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Have you checked your AB8? (under Download Document Tab) Not saying this always happens but my claim went through the same things your seeing....forward..then back...forward and back....did not show complete, but I checked the AB8 just for the heck of it and it showed an updated percentage. I received the big brown envelope yesterday and retro hit bank today....ebenefits is still showing gathering evidence....have some contentions that were deferred.

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and that's validates the point I have been saying about ebenefits. If this system worked the way it was designed, it would be awesome! but it is not. Normally, not update or current. Guys, there are a lot of folks with a lot of different opinions and thats ok. What worked for one, one way, does not necessarly work for another. I've seen this so many times.

My own opinion concerning ebenefits, NEVER submit a claim over this site. I've had many veterans that have done this only to be told by VA that they have no record it. I see this at leat 20 times a year, and that's 20 to many!

When submitting a claim, I believe the best and fastest way is, have all medical documentation to support your claim, ALL documentation! Submit these records with a VA FM 21-526ez. This is a fully developed claim, which are being adjudicated within 90 days. A lot of older vets are struggling to believe this, but it is true. I have done a lot of them with extremely positive results for the veteran.

Even if you are just requesting an increase in a SC disability, works the same way. If VA has all your paperwork, there is a block half way down the page where you list the VARO, that services your claim and a second line to provide the VA clinic you attend and the Doctors name.

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Just checked ebenefits, my status is now "notification pending" as of 26 Nov 2012, today date. I checked the A8 letter, no change. Went to the VA Center downtown today, asked why would the VA not grant IU, when my SSDI is service connected for my back and knees only. According to Social Security Adminstration I became disabled the day of my 2nd back surgery due to spinal disorders. I was still on active duty at the time of my 2nd surgery, Oct 2010, I retired from the AF 31 Dec 2010.

I can't understand why VA didn't grant IU? What is my next step?

there are certain requirements for TDIU. Just because the social security awards you compensation, doesn't mean that the VA will rate you at 100% schedular or TDIU. The VA rates each disability within the paramiters of 38cfr, chapter 3 and M21,adjudication procedures. The VA and SS have begun reveiwing each others documentation. Some vets say this is good and other vets have told me that it was used against them. What is your rating for your back? Also remember, you can have several operations on your back, however, the rating comes from your range of motion. You can always submit a VA FM 21-8940 and request TDIU, I would obtain a doctors letter stating that you can not work.

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I was awaiting my decision for disability compensation and I walked into the regional office and they told me that I was in the pending decision approval phase and I had a congressional flash on my file. This was due to me talking to a member of congress from my district in my city. I asked the va counselor what I should do and if I should keep congress on the case. He said no and not to do anything anymore because I was in the last phase of the whole claims process. Two weeks later I was awarded. So if you are anywhere in your process I would recommend that you talk to your congressman and not only once. Talk to them and stay on them at least once every three weeks.

i disagree with your comments about your congressman. They only will be told what the VA tells you. The place where they come into real use, is when a claim is at the end of it's journey, they can speed it up there or if a veteran is waiting on retroactive pay.

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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.

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