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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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  • 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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Navy007

Awarded 70%

Question

Hello everyone, This site has really helped me understand the VA process and different ways they like to deny. First off I served 8 years active duty, I have been 30% since I left active duty in

Sep of 2004. My ratings were 10% left index finger 10% right hand, 10% Cervical Spine Classifacation all low balled and I never seeked higher ratings. Until Aug 0f 2011 after several years of

depression and feelings of Anxiety etc, I filled a claim for PTSD after several appointments and being told this was the condition. I also applied for SSDI at roughly the same time I filled a claim

with the VA. I was approved 23 days letter for SSDI with the wounded warrior expedited process...In Sep 2012 I was awarded 30% PTSD and filled an NOD submitted SSDI paperwork again

and Just last month JUNE 24 received a SOC ( Statement of CASE) PTSD currently at 30% is increased to 70% it says the effective date is AUG 2011 it says in light of SSDI and I was in Voc

Rehab and was deemed no longer Employable with them all this was the same in AUG of 2011 I guess they just ignored these facts until last month.. My question is since I was awarded 70%

PTSD effective AUG 2011 initial claim, I am submitting a claim for TDIU this month July 30th, which I would have done once I got my percentage rating years ago..I have not worked since April

of 2011 which was 4 months before filling a PTSD claim and SSDI. I will file for TDIU but was curious on the effective DATE of this claim. The VA received Notice I was on SSDI way back in

AUG of 2011 or September. I went to my County Service Rep and said hey we have a claim in for PTSD and I was awarded SSDI based on Service record and VA treatment records. I was

waiting for TDIU to meet the % requirements and well it looks like I meant them back in AUG of 2011 but just found out about this thur the SOC which by the way TOday is 7/17/2014 how long

till the official award letter shows up...I believe I am 80% overall now. 70% plus 4 different 10% ratings..10% Tinnitus as well.. Thanks for any responses and this Forum and all the Veterans

has been a great help...Thanks for everything

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Hello everyone, This site has really helped me understand the VA process and different ways they like to deny. First off I served 8 years active duty, I have been 30% since I left active duty in

Sep of 2004. My ratings were 10% left index finger 10% right hand, 10% Cervical Spine Classifacation all low balled and I never seeked higher ratings. Until Aug 0f 2011 after several years of

depression and feelings of Anxiety etc, I filled a claim for PTSD after several appointments and being told this was the condition. I also applied for SSDI at roughly the same time I filled a claim

with the VA. I was approved 23 days letter for SSDI with the wounded warrior expedited process...In Sep 2012 I was awarded 30% PTSD and filled an NOD submitted SSDI paperwork again

and Just last month JUNE 24 received a SOC ( Statement of CASE) PTSD currently at 30% is increased to 70% it says the effective date is AUG 2011 it says in light of SSDI and I was in Voc

Rehab and was deemed no longer Employable with them all this was the same in AUG of 2011 I guess they just ignored these facts until last month.. My question is since I was awarded 70%

PTSD effective AUG 2011 initial claim, I am submitting a claim for TDIU this month July 30th, which I would have done once I got my percentage rating years ago..I have not worked since April

of 2011 which was 4 months before filling a PTSD claim and SSDI. I will file for TDIU but was curious on the effective DATE of this claim. The VA received Notice I was on SSDI way back in

AUG of 2011 or September. I went to my County Service Rep and said hey we have a claim in for PTSD and I was awarded SSDI based on Service record and VA treatment records. I was

waiting for TDIU to meet the % requirements and well it looks like I meant them back in AUG of 2011 but just found out about this thur the SOC which by the way TOday is 7/17/2014 how long

till the official award letter shows up...I believe I am 80% overall now. 70% plus 4 different 10% ratings..10% Tinnitus as well.. Thanks for any responses and this Forum and all the Veterans

has been a great help...Thanks for everything

Great job so far.

I would not do anything further until I received the official rating decision.

I believe the decision might address and consider TDIU in it, and if it wasn't provided the

decision should spell our why not, in the Reasons and Bases Section.

Then you would know what else is needed for you to fully meet the criteria.

If it is not considered and addressed in the rating decision you can still submit a

21-8940 and state this should have been considered and granted on this recent decision

due to SSA and VAMC medical evidence of record.

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Carlie is correct. The actual award letter will tell you and us more.

If the VA was aware of the SSDI award solely for PTSD they should have sent you a TDIU form,when they granted the 70%.

I am confused. Are you saying the EED should be prior to the 2011 EED? Due to the SSA award?

You might well gain an additional year of TDIU retro.

My post here in 2009 shows what I mean

"if you get SSA solely for the SC condition and if the VA really obtains your SSA records,and considers them in the decision -you could get a year of additional retro TDIU.

I don't know if they ever pay more than one year this way.

They paid me posthumous award due my husband for one year prior to the TDIU form he sent in (actually they called it 100% P & T and not TDIU award) and they never acknowledged receipt of the TDIU form. I

The EED regs are often written in VAOLA double talk.

The General Counsel Pres Op #12-98 seems to make more sense then the EED regs in 38 USC:

"However, if the facts establish that a veteran's disability increased within one year prior to receipt by VA of the original claim for increased rating, the effective date of the increase is the date on which the increase in disability occurred."



Of course this takes medical evidence to show the disability had increased prior to filing the claim. This is why an SSA award is technically an IMO from a real doctor-and why this can be evidence for the EED prior one year to filing the claim.



In the decision I received ( as an accrued benefit due to me as the surviving spouse) they stated that because SSA had granted for this condition (solely for my husband's PTSD) one year prior to his claim he filed ,they used the SSA date for the EED.

He died in October 1994, SSDI date Nov 1991, VA accrued award award dated 1997, retro to EED from SSDI.Nov 1, 1991.

This was before the General Counsel Pres Op clarified this regulation.

It didnt matter, I had documentation from Voc Rehab,Dept of Labor,EEOC testimony etc etc.too.

But I didnt need it for that claim.

The wording of your decision will indicate if the EED was wrong and the OGC Pres Op is easily accessible at the General COunsel Web site and can be submitted as evidence.

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Well I worked in 2011 till April 1st..Had been on FMLA for 3 years out of the 7, I worked at AM General building the Military Humvees on the affirmative action disabled veterans clause

since getting out...It finally proved to be too much missing up to 6 months a year for 3 years was not uncommon for me.. So after a divorce of 12 years, child custody issues, VOC

Rehab failure switched to IDLP, loss of JOB, I seeked help in AUG of 2011... I didn't back date my SSDI to a year prior, I dated it the day I filled it online. I was awarded 23 days later

and didn't receive my first payment until DEC of 2011 about 5 months later. Im just wondering if I do get IU will it all be RETRO To Claim Date of AUG 2011. I filled the NOD on the

30% in Sep of 2012 after 13 months of filling the initial claim. And I made a call to the American Legion Service Rep at the RO fed building in April he said I would request a hearing it

cant hurt. So I did with him on the phone and May 3 I went to a Informal Hearing and talk to the VA across the table and said what is talking so long I have been on SSDI since Aug of

2011 and haven't worked my condition is well documented and etc etc. She looked right at me and said " Give me 30 days and I believe you will be at 100% percent.. After we walked

out the American Legion Rep looked at me and said, "I deal with that lady all the time, and she doesn't say things she doesn't mean!! Today is a day you go home and drink a beer he

said while he patted me on the back......

And about 41 days later I received the SOC ( Statement of CASE) on JUNE 24, 2014 and it mentions this as follows... "WE ORGINALLY ASSIGNED A 30%

EVALUTION FOR SERVICE CONNECTED PTSD. ADDITIONAL EVIDIENCE SHOWS THAT THE CONDITION IS MORE DISABLING THAN REFLECTED IN THAT EVALUTION.

FOR EXAMPLE, SOCIAL SECURITY ADMIN RECORDS SHOW THAT THERE IS MARKED IMPAIRMENT AND A DETERMINTAION THAT YOUR ARE DISABLED DUE TO THE

CONDITION. VOCATIONAL REHABLITATION RECORDS SHOW YOU DISCONTINUED THE PROGRAM DUE TO SYMPTONS OF PTSD AND UPSET IN PERSONAL LIFE.

VAMC OUTPATINET TREATMENT REPORTS SHOW FAIRLY STABLE LEVEL OF IMPAIRMENT WITH REPORTS OF ANXIETY, DEPRESSION, AND HISTORY OF ANGER

OUTBURST. THE EVALUTION OF POST STRESS DISORDER (PTSD) IS INCREASED TO 70% DISABLING EFFECTIVE AUGUST 19, 2011.

Edited by Navy007

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Berta,

I am confused. Are you saying the EED should be prior to the 2011 EED? Due to the SSA award?

No I am just wondering if I do File TDIU this month will the go back to AUG 2011 with the Retro. The date I became 70% for PTSD.. I did not back date my SSDI I was unaware and working thur my stuff somewhat.. So TDIU

has never been filled I honestly just found out about this recently...Otherwise I might have filled in AUG of 2011 or at the NOD point in Sep of 2012..I was just unaware and un-informed.

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Carlie

Great Advice I was thinking they should Infere me for TDIU, and if they don't I guess they aren't doing their job. But does the award letter take time after receiving the SOC Ive heard it depends on the RO and the workload

Some I have read said a few days later others say a few months... So Ive been waiting almost 36 months as of next month so I guess I can wait a tad longer..

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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.
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    • 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".  

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      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".  
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