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14 Questions about VA Disability Compensation Benefits Claims
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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Most Common VA Disabilities Claimed for Compensation:
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Can a 100 percent Disabled Veteran Work and Earn an Income?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By kanewnut
I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see.
I have looked at the ebenefits letters. The commissary letter states "
compensation at the 100 percent rate due to service-connected disability(ies).
This total disability is considered permanent. You are not scheduled for future examinations."
The benefit verification letter shows the payment at the 100 percent rate, but shows my disability at 90 percent. The tax office said to bring the letter that shows I am 100 percent to get home tax relief. I am not sure of what letter they want.
2020-10-28 VA Decision Redacted for Hadit.pdf 2020-11-16 VA Letter to Congressman Redacted for hadit.pdf
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By slangpdx
I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control”, both conditions rated “Severe” by SS.
I filed an intent to file for TDIU in Feb 2019, then rolled it over to another intent to file in Feb 2020.
I contacted vet rep in October to file the TDIU. I asked him to mail me the docs for review to make sure they were accurate. Never arrived, I called and he said they were delivered by trackable mail on Nov 3, they weren’t (should have asked for the tracking number, I believe there isn’t one). I called the county vet rep supervisor. They reviewed the case and found that I had applied for TDIU after the 70% award which I did not remember doing and that I withdrew that request in July 2011. (I worked for the next six years averaging $60,000/year, high year was $107,000, have not worked for four years). That makes my current claim request an “appeal” even though no VA determination was made because I withdrew the TDIU request at that time, according to the supervisor. That means the intent to file in Feb. is not the date for an award increase therefore wiping out 9 months possible back pay. Supervisor instructed my rep to get on phone with me and I got him to email me the filing documents. I then saw that VA wants a list of all jobs applied for or training received since the date claimed as onset of 100% disability for TDIU. The date placed on the form was 5-1-2016, same as SS disability date. From May to Oct. 2020 I was in the VA voc rehab program where they were paying me to apply for 20 jobs a month, and I also took two VA-paid classes in 2017-2018 (easily discoverable since they were under VA auspices) . All of which would have to be included on the form since the TDIU date is listed being prior to the job apps and the training (or attachments of the scanned pages which I sent to voc rehab). Rep wanted me to send it through as is. Wording at bottom of form says I am certifying all to be true under penalty of prosecution for fraud to get government benefits. So I cannot agree to the application as is. This was the reason I wanted to check the docs to begin with, to make sure there were no such problems. Rep knew I was working with voc rehab though didn’t know the details. Part of the TDIU application is a letter from state voc rehab dated this year saying they have no more help available to offer (it was meaningless to begin with; at my last meeting with them the two employees couldn’t wait until I got out of earshot to start mocking me, I am sick of going anywhere or to anyone for help at this point).
I took my case to a psychiatrist retired from 20 years running the local VA regional office last year. After a $230 session (discounted non insurance price) he said he couldn’t make a determination on my chances of retaining the 70% rating (my concern on filing for TDIU) and wanted to charge me to review my hundreds of pages of docs for further analysis. Not going to do that. Point is, I have gotten all the help or advice possible. One useful comment was that it was “highly unusual” for my case to have gone unreviewed for 10 years. Likely indication my condition has been determined permanent and not likely to improve. He also said his office only did the comp exams, the ratings determinations were done elsewhere and were a mystery to him.
I believe waiting till past the 10 year point was the right decision for filing for TDIU for peace of mind purposes since I would at least retain the SC determination even if the rating is still vulnerable. My concern is the risk of a rating reduction.
Questions:
- Can we just list the date of TDIU as the current date, which will then be after the job applications and training, therefore no need to list them? Is there any benefit / requirement to listing TDIU date as same as SS disability date? Don’t know why vet rep did that. If this has to be an appeal with no back pay, there is no benefit to listing anything other than current date that I can see. Goes without saying I do not trust the vet rep at this point. (Only other option would be DAV, they will not let me past the receptionist unless I agree to change power of attorney and start over, not going to do that either.)
- do the job applications and training work for or against me for TDIU? That is, does looking for work show you are still trying to work and not “retired” or does it show you think you can work therefore should not get TDIU? I will be 65 in December, I was told by a different county rep that that age point helps in getting TDIU. Is the vet’s mind set a factor? At some point it seems to me it doesn’t matter, if you can’t work because you can’t find work or whether you have trouble functioning on jobs, whether you “think” you can work or not it would add up to the same thing.
- is the view that my current application would have to be an appeal accurate due to the prior TDIU application withdraw?
- vet rep asked if I had lost any time on job due to disability. Answer no. Is this a major factor?
Thanks for any help.
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By anayafather
I am currently 100% TDIU 70% PTSD 20% Back. I am on an ALJ appeal with social security. The judge has made a decision within 2 weeks of my appeal date. what are my chances that the letter is a favorable one. Thanks in advance
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By kanewnut
Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&P exams when all I was trying to do was get the VA to look into a CUE. I explained to her how since the VA had done C&P exams the rater had put in the effort to communicate with the examiner twice to reduce a rating from 40% to 20%, yet the examiner couldn't find my SSA grant. I explained to her about the SSA records in my C-file, how I had about 20 pages of someone else's records in the middle of my records. I told her maybe this is part of why someone didn't approve it sooner. I told her it looked to me like someone dropped the paper files and didn't have enough sense to separate the two files. I told her about the latest denial where the rater looked into the SSA records and found a denial but didn't look up the grant of benefits that is in the SSA records. I explained to her that I hadn't worked since June 2000. I told her about the VR&E denial based on my doctors statements. I told her how the raters kept denying me stating other evidence in my records showed I wasn't unemployable. I explained to her how the raters kept saying I quit my job, but M21-1 says that doesn't have any affect on the decision. She seemed very sympathetic. She said she would take care of me. Well, it will be very interesting to see if she does. I had a prior call from a lady at the Roanoke VA, she thought I was going to get approved. In just a few weeks I got the denial.
I had written to my congressman about all this crap. I got a reply back from the congressman's office but it was the same BS from the VA. I sent back to the congressman's office quite a few pages of all the documentation showing the VA crap. I think this was sent by the congressman to the VA Secretary Wilkie. I have no idea if this is at all related to the call or not.
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By georgia126532
I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia. I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities. Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
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Latest Compensation & Pension (C&P) Clinicians Guide as of 2020
marathonjon posted a question in Veterans Compensation & Pension Exams,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf-
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I don’t say thank you enough to all of you...
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.
Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.
You all made that possible. Thank you.-
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