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Trouble Remembering? This helped me.
I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.
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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 JoeCab
Hello group -
I had a sleep study in 2007 while on active duty and got diagnosed with "mild obstructive sleep apnea." There was no treatment provided/necessary.
I retired from the Navy in 2017 after 25 years of active duty and submitted the sleep study in my claim. Unfortunately, I did not have documented proof of hypersomnolence. In May 2018 I had another sleep study with the result being "severe obstructive sleep apnea," and was prescribed a CPAP which I use currently. This particular evidence was not submitted in my claim package.
I just received my VA decision letter on 10/4/18, the VA assigned a disability rating of 0% for the apnea (as expected), but listed it as "service connected."
My question is this: I have the medical evidence now to prove I have severe apnea and I'm getting ready to submit a NOD. Do I have to also prove "service connectivity?" or has this been sufficiently established and cannot be taken away by the DRO?
Also, do I have to provide evidence that I had hypersomnolence from 2007 to 2018 to prove it's all connected? This will be the tough part for me.
It seems pretty straight forward, but I know nothing is ever a slam dunk in this arena so what am I potentially missing?
Thanks!
Joe
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By SpaceAce54
I have been lurking on the board for 7 yrs. and would like to thank all who offer there knowledge to help.
After 6 plus years I have finally been SC'd for sleep apnea. Just received award from BVA 8/23/2018 claim started 7/11/2012.
Now on to the secondary items.
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By SSGTMARINE88
I first experienced kidney problem while on active duty as a Marine Security Guard in Addis Ababa, Ethiopia in 1994. The doctor treated me as having been dehydrated. Years later, in May 2012, I experienced my first official Kidney Stone at 9 mm on left side, which I had to have a lithotripsy. In 2016, I developed a second kidney stone measuring at 6 mm on right side, treated by VA in Ann Arbor, MI. In June 2018, I developed my third kidney stone measuring 3 mm on right side, treated by VA Ann Arbor, MI. VA doctors informed me that I still had several smaller stones in both kidneys. In July 2018, I developed a fourth kidney stone measuring 4 mm on left side, a stent was implanted, and tomorrow I am scheduled for another lithotripsy. While, awaiting the lithotripsy, it appears i have another stone developing on the right side again.
While in Ethiopia, I was constantly in Eritrea and Massawa having swam in the Red Sea. I do know that Gulf War Syndrome lists the Red Sea as an area of claim but during the Southwest Asia Threat. It appears, that I should still be service-connected but I'm unsure as personnel at Battle Creek, VA, suggested that I couldn't claim Gulf War Syndrome. This was also prior to my diagnosis of fibromyalgia. To add, I was also stationed at MWSS 272 New River Airbase during 1990, where vehicle were being painted as well as a motor transport driver moving airplane and helicopter parts and working in the areas of jet fuel during the commencement of wartime.
What if any course of action do I need to take to have these service-connected as it relates to kidney stones and fibromyalgia? I am already 70% TDIU, for tennitus and PTSD. I have been diagnosed finally as having fibromyalgia in June 2017, for which previously I was denied neurological disorders. I am a diabetic with, high blood pressure and 16 of 18 points for fibromyalgia.
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By HorizontalMike
QUESTION:
Will/can a 100% TDIU P&T award get removed if my service connected disabilities reach or top 100% ?
I ask this because I am +5yr into my appeal process and have received a "partial award" from the VA, as the rest of my appeal moves forward. I was given an increase to 70% TBI to qualify me for 100% TDIU which started last year. Already have 10% Tinnitus.
Still on appeal is:
MDD -- Arguing for 70% but probably will get 50% Sleep Apnea -- OSA with CPAP required to be rated at 50% My lawyer is inferring that I would be in jeopardy if I try and get +100% Scheduled award disability. I have also heard from a fellow poster (I referred to same lawyers) who informed me that after getting his early/easy disability award, this firm dropped him on his appeal moving forward. In other words, they took the easy money/award and ran on the tougher stuff.
What my lawyer currently predicts my disabilities totaling at 94% (70-BTI, 50-MDD, 50-OSA,and 10-Tinnitus) which rounds DOWN to 90% award. He does not want to appeal further, apparently.
My lawyer's inference that my 100% TDIU would be in jeopardy if I continue to pursue my scheduled appeal status, just does not sound right to me, but how can I know for sure?
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Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
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
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Jamezam, -
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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.?
Hammer46 posted a topic in Ask The Geeks,
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
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Hammer46, -
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Post in Should I File for EED or CUE
Vync posted an answer to a question,
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?
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bigbetty3id, -
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Post in Back and Forth
HavokDiv posted an answer to a question,
Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
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HavokDiv, -
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Post in How Is Tinnitus Tested By The Va For Compensation Purposes?
Buck52 posted an answer to a question,
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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66 bricks, -
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I have a service connected injury from active duty, I get 20% for pain left knee. I have had two surgerys so far on the same injury, and it took 12 years just to even get up to 20% for the left knee. The VA doctor says the next surgery would be a partial or full knee replacement. I was told by the VA that a total knee replacement is no more or less than 30% after your 3 month rehab. So my question is will this affect my 20% that I have (Knee) or will the knee replacement be a seperate award? in another words will the 30% add to the 20% I get for knee pain? or will they just add a 10% increase to the 20% I now get for the knee? My total service connected disibility is 40% at this time. Thank You for any help.
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