Jump to content
  • momo-001.jpg

     

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
GlassRose1500

Struggling To Decide

Question

Looking for your thoughts please. I was very fortunate - I received my Bbe today and the early news I got from my DAV Rep was confirmed, 92% (90) scheduler, paid at 100% for IU, Permanent and Total.

I am so grateful and relieved. A big part of me feels like I should let any remaining issue go because I don't know if I have the strength to tackle them, esp. when the big picture says comp at 100%. AND it would be one more (or several more, depending on how the above would have to be tackled) action for the system to have to grind out. Getting in the way of other claims for folks still fighting for what they need. What they deserve.

Would appreciate your thoughts.

  • Unadjudicated issues
    • Right lower extremity radiculopathy (from 07/11). If adjudicated according to the same evidence present for the right lower extremity would likely be 20% and a bilateral factor. When I asked my VSO about it in 2012 they said it must have been rated at 0% - and I was completely uneducated about it then. I now see that it was not rated - not addressed in any of the award documentation, but clearly addressed as a claim in the original claim.
    • Aid & attendance (from 01/13)). Strong VA Home Health Care evidence. My VSO put in a pension claim in April of 2013 (on top of the claim that just completed), and then promptly retired. The new VSO said hell no get rid of that, so I called and had them withdraw it. In the Bbe today it shows they withdrew pension AND Aid and Attendance. But said I had a year to tell them I would rather have had them adjudicated it.
  • SCM related to
    • aid & attendance and
    • one impairment at 100% (MDD 70% and basis of IU) and the other unrelated impairments adding to greater than 60% - Kind of a big deal if = SMC L or L.5 as the DAV Rep felt it should be
  • An error in the rating for Migraines based on the language in the decision itself (the Bbe Reason for decision described headaches as averaging once per week - which is accurate and well documented - but in the next paragraph rated at 30% due to frequency being not greater than one per month).
  • Reduction in knees bilaterally from pain 10% and instability 10% to pain 10% but instability 0% based soley on C&P but with a large volume of VA records that say the contrary plus a ratable range of motion restriction from the C&P (limited to 45 degrees on left knee)

All of these issues are probably achievable with the potential benefits being a schedular 100, SMC L or higher, and no need to complete the yearly "I'm not working" form. There is some risk that tackling them with anything other than a CUE could open things up again, and as I've seen personally, reductions are possible. Recommendations?

Edited by GlassRose1500

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

GlassRose, First, let me the first to Congratulate you. Job well done. Secondly, If this was me, I would leave things alone lol, with the VA you never know what could happen second time around. When I received my 100 P&T yea there were things that I didn't agree with, but, I didn't want to seem ungrateful, so I decided to live with their decicion. I'm getting a bit to old to spend another year or so with the pressure and stress once again. Anyway once again congrats on your win. Now just relax and enjoy your retirement.

Semper Fi

Aggie

Edited by aggie54

Share this post


Link to post
Share on other sites

If it were me and you consider them valid claims, I would pursue them. Don't worry about others. Remember, it's the VA's fault, not yours. You can take a short break, if you'd like, since you have a yr but don't miss any deadline. jmo

pr

Share this post


Link to post
Share on other sites

I would pursue them if it means money. You can hire a lawyer and let them fight the case. The lawyer could advise on CUE chances as well. By pursuing SMC's after I got P&T I got an extra $400 in my paycheck each month. I am pursing a CUE now that may put many thousands in my pocket. I got a lawyer for that one. I think the best defense for your benefits is a sharp offense.

John

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 0 replies
    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines