As the topic title suggests, that is the latest status of my claim. I applied in Dec. 2008 for various claims, was denied for all except 0% for a skin condition and I appealed the most important one, that of Ankylosing Spondylitis which they said was not service connected. It goes back to my service from 1977 to 1985, and was quite difficult to make the nexus.
Around December of 2012 I won the appeal, and was awarded 30% for AS. And the skin condition claim was remanded back by VBA. Then in April 2013 I was awarded various percentages for the skin conditions, 50%, 10%, 10% and 2 at 0%.
So I was then 70% combined. I then opened a new claim for IU, I have been unemployed since 2002 due to the AS. I was approved SSDI specifically for the AS, and also have a small amount each month from a LTD claim, all going back to 2002.
My thought was that now I was 70% combined, with at least one at 40%, barely squeaking into what I considered to be eligible. Around 8 months into the latest claim (February 2014), I was notified of this current status since AS being the cause of my unemployment was not the 40% rating, only 30%. I considered this rather postive, but now my research here and other places indicates to me that approval of such claims are almost non-existent, i.e. IU via extra schedular.
I had what appeared to be a very positive C&P exam in December 2013, and the VA has absolutely everything they need, such as all the Social Security information, and LTD records, and I receive ongoing treatment for AS up to and including just having started Humira. And I also had open heart surgery at the VA hospital in October 2013, which probably has nothing to do with this claim, just mentioning it.
So what does anyone think? Am I right in concluding this is a nearly impossible claim to win? It has been about 6 weeks since it was forwarded, does anyone have a sense of how long that step might take? And finally, if approved what should the retro date be? I think there is a case to suggest it should go back to December 2008, since until the appeal was settled I was unable to make the IU claim. Thanks anyone!
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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Limekiln Vet
As the topic title suggests, that is the latest status of my claim. I applied in Dec. 2008 for various claims, was denied for all except 0% for a skin condition and I appealed the most important one, that of Ankylosing Spondylitis which they said was not service connected. It goes back to my service from 1977 to 1985, and was quite difficult to make the nexus.
Around December of 2012 I won the appeal, and was awarded 30% for AS. And the skin condition claim was remanded back by VBA. Then in April 2013 I was awarded various percentages for the skin conditions, 50%, 10%, 10% and 2 at 0%.
So I was then 70% combined. I then opened a new claim for IU, I have been unemployed since 2002 due to the AS. I was approved SSDI specifically for the AS, and also have a small amount each month from a LTD claim, all going back to 2002.
My thought was that now I was 70% combined, with at least one at 40%, barely squeaking into what I considered to be eligible. Around 8 months into the latest claim (February 2014), I was notified of this current status since AS being the cause of my unemployment was not the 40% rating, only 30%. I considered this rather postive, but now my research here and other places indicates to me that approval of such claims are almost non-existent, i.e. IU via extra schedular.
I had what appeared to be a very positive C&P exam in December 2013, and the VA has absolutely everything they need, such as all the Social Security information, and LTD records, and I receive ongoing treatment for AS up to and including just having started Humira. And I also had open heart surgery at the VA hospital in October 2013, which probably has nothing to do with this claim, just mentioning it.
So what does anyone think? Am I right in concluding this is a nearly impossible claim to win? It has been about 6 weeks since it was forwarded, does anyone have a sense of how long that step might take? And finally, if approved what should the retro date be? I think there is a case to suggest it should go back to December 2008, since until the appeal was settled I was unable to make the IU claim. Thanks anyone!
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