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    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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  • 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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C5 Flight Engineer

Need Lawyer Recommendation In South Carolina

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I have beat my head against the wall with the VA for 2 years trying to get Individual Unemployable 100% rating. I am disapointed with the DAV representative in Columbia that I have been seeing.....I have no confidence in what he says now as he keeps changing his story as to what I need to do next.

Please recommend a lawyer that has a good reputation with VA claims.


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Your profile says you have 100% now.

Why do you seek TDIU?

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Sorry, when I first joined Hadit I was temporary 100% and was kicked back to 50% and now at 80%.

This all started in 2006 with prostate cancer (Agent Orange served at DaNang AB Viet Nam 1969-1970) which was removed surgically but had to have follow on radiation. All was fine for 2 years and the cancer came back in 2009 and thats when things went down hill.....

Adavanced prostate cancer is manageable with hormone tratments but mostly watch for its return and take a blood test every three months. I suffer from anxiety, depression and reduced ability to physically work due to all the testosterone being removed from my body by 14 months of hormone treatments. Trying to get TDIU for a while now.....just mentally tired from all this.

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:I suffer from anxiety, depression and reduced ability to physically work due to all the testosterone being removed from my body by 14 months of hormone treatments.:"

Do you receive any MH SC comp now ?

Did you claim the anxiety and depression on the TDIU claim?

Do you get SSDI?

If so what is it for?

On our recent radio show with Dr Bash ( Just click on the Oct 22 show to the right of the main hadit forum page, this was discussed as to temp 100% ratings, yet both Prostate Cancer ratings and CVA (Cerebral VAscular Stroke) ratings (usually 100% for 6 months) could continue , if not at 100 , at least at a residual rating....

Yes the claims process is definitely mentally exhausting...we all can relate to that.

If you tell us more we can help more.

Has VA Voc Rehab ever turned you down for this program solely due to your SC disabilities?

If so that is excellent evidence of unemployability due to SC.

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We have a list of lawyers here somewhere who represent vets...but you have not been denied yet on the TDIU....

Lawyers can step in and represent you ,once a denial occurs and/or the NOD is filed

Can you give us the breakdown of the 80% you get now?

Almost every single rating a vet gets along the way can often be raised in time, by claim for a higher rating,because so many disabilities get worse, not better with time..

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    • 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
    • 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
    • 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?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
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