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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

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    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?

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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • 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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hammerman15

Already Have Ssdi But V.a. Disabilty For Same Thing..

Question

Hi,

I have already been approved for SDDI (totally disabled) and have been receiving benefits from them for about 8 months. I want to file for VA disablity for aggravation of a condition while I was in the Army. I am rated 40% with the VA currently but all for physical conditions no mental.

My SSDI was approved soley for mental conditions using my VA records of treatment for mental health treatment received at the V.A.

My questions are:

1. Does my SSDI "count" at all for a VA mental health rating?

2. I was taking lithium prior to my entrance into the service but the Army discontinued it and I never took it while in the Army

3. I had to have a waiver to get in the Army because of my lithium usage and a Army doctor signed off on my enlistment

4. Is that enough of a nexus?

5. Any tips?

6. My dates of service were 88-96 gulf war era veteran (West Germany,Western Corridor Korea and 36 opfor rotations at NTC)

Thank you very much

19D20 Cav Scout

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The VA will tell you this.

A Preservice disability only pays for the aggravaton part and only to te extent of the aggravation.

Usually half or less of a rating schedule item.

J

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the va will use the documents from SSDI as additional medical evidence in your evaluation, however you will still need a nexus if you plan on submitting a claim for any type mental health condition.

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Hi,

I have already been approved for SDDI (totally disabled) and have been receiving benefits from them for about 8 months. I want to file for VA disablity for aggravation of a condition while I was in the Army. I am rated 40% with the VA currently but all for physical conditions no mental.

My SSDI was approved soley for mental conditions using my VA records of treatment for mental health treatment received at the V.A.

My questions are:

1. Does my SSDI "count" at all for a VA mental health rating? Answer - NO

2. I was taking lithium prior to my entrance into the service but the Army discontinued it and I never took it while in the Army

3. I had to have a waiver to get in the Army because of my lithium usage and a Army doctor signed off on my enlistment

4. Is that enough of a nexus? Answer - NO - that is not even a nexus.

5. Any tips?

6. My dates of service were 88-96 gulf war era veteran (West Germany,Western Corridor Korea and 36 opfor rotations at NTC)

Thank you very much

19D20 Cav Scout

carlie (in blue)

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You don't say wether you are taking lithium now or not but I assume you are. J is right though a condition that you are wavied to serve with will ONLY be granted an evaluation if you can prove agravation and by what amount. In other words if it was say 30% when you went in and lets say in got 60& worse you would be comed at 30%.

Stillhere

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I am taking numerous meds given by the VA and going to VA mental health groups and have been now for over a year on the groups and three years on the meds. I am extremely aggressive when not medicated and have several run ins with the police and had firearms taken away twice and 2 psychiatric lockups at the VA over the past 3 years.

My thinking is that my aggressive tendencies were exacerbated by my MOS and duty stations as well as witnessing several very scary events while in the Army including the deaths of three soldiers who were killed when there Bradleys flipped during an exercise in Ft Irwin CA.

My diagnosis's from the VA are several and several different VA doctors are saying different things

Axis 1 Depression NOS possible dysthymic disorder

Axis 2 Paranoid Personality Disorder

Axis 3 No current diagnosis

Gaf of 50

This is the general consensus

I have been told I have anti social personality disorder as well in my VA treatment notes over the last few years and have taken the MMPI twice at the VA

and both times came back as Paranoid Personality Disorder.

Any other information I can provide to you guys please let me know.

Thanks

19D20

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  • Similar Content

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • 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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