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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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RUREADY

Tdiu Extra Schedule

Question

Do anyone know whether there is a va regulation that say " the RO cannot

ask for your claim to be consider or ask for extra-scheduler. I know I read this

somewhere but cant find where. A BVA judge has to do this be consider as such

.extra-scheduler

Edited by RUREADY

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"Only the Director of the Compensation and Pension (C&P) Service (211B) may approve extra-schedular evaluations in compensation cases submitted under 38 CFR 3.321(b)(1).

Submit compensation claims to C&P Service for extra-schedular consideration under 38 CFR 3.321(b)(1) if

· the schedular evaluations are considered to be inadequate for an individual disability, or

· a total rating cannot be assigned solely because

- the minimum schedular requirements of 38 CFR 4.16 of the rating schedule are not met, and

- a total rating is considered warranted.

Note: Prepare a memorandum to accompany the claims folder providing a clear and concise statement of the facts including medical and lay evidence of symptoms and a discussion of the

· fact with relevant laws

· issue or issues to be resolved, and

· recommended evaluation."

Under Section B , 5:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch06%2Fch06_secb.doc&ei=SBCcVPjPM4KXyASh24LIAw&usg=AFQjCNHL5Ny6bA44KDqnaAcBn1TguErCiA&bvm=bv.82001339,d.aWw

But in this link here PR is correct:

VA must apply 38 CFR 4.16 b when it is appropriate,at the RO level.

The regulation is here:

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I'm not sure where I saw it, it may have been a FAST letter but the rule is that the "claimant" must request the extra-schedular consideration request. The RO won't do it.

pr

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RU: Merry Christmas. Extra-schedular IU? I've done a little research on this for a Vet friend with a 50% SC PTSD rating that is currently locked into a BVA appeal that I don't think he will win. With that said, my limited knowledge of E-S IU is as follows: Any time a Vet's SC conditions make it impossible to obtain or continue "Substantially Gainful Employment" the Vet can request an E-S IU rating. Keep in mind this only pertains to Vets that don't meet SC % for a regular IU claim. The E-S claim can only be decided by the "MFIC," Director of Compensation & Pension. I'm fairly certain that the VA Rating Dept would review a Vet's new application for E-S IU before submitting it to the Director for his final decision. What about a recently awarded initial claim that there was no mention by the vet for a request for E-S IU award, you might ask? I think it all comes down to Evidence submitted and in the hands of the VA Rater at the time of Award or Evidence received POST Decision that would Trigger the automatic VARO Review of the Recent Award/Denial. If at the end of the review the Sr Rater or DRO determines that the Disability picture indicates the need for an E-S IU award, it would be advanced to the Director for his/her Decision. I could be all wrong on this, never read anything from anyone, that had an E-S Award.

Keep in mind, VA regulations require the VA Rating Dept to View all Vet Comp claims as a request by the Vet for any and all Comp Benefits that the Vet is entitled to. Vets don't need to ask for any specific benefit, it is automatically understood that Your asking for everything, including E-S IU if your Employment and Medical evidence supports the Award. If you think you have a E-S IU claim, file for it and be sure the VA has all the Employment and Medical Evidence in their Hot Little Hands.

Semper Fi

Gastone

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In exceptional cases an extra schedule

RU: Merry Christmas. Extra-schedular IU? I've done a little research on this for a Vet friend with a 50% SC PTSD rating that is currently locked into a BVA appeal that I don't think he will win. With that said, my limited knowledge of E-S IU is as follows: Any time a Vet's SC conditions make it impossible to obtain or continue "Substantially Gainful Employment" the Vet can request an E-S IU rating. Keep in mind this only pertains to Vets that don't meet SC % for a regular IU claim. The E-S claim can only be decided by the "MFIC," Director of Compensation & Pension. I'm fairly certain that the VA Rating Dept would review a Vet's new application for E-S IU before submitting it to the Director for his final decision. What about a recently awarded initial claim that there was no mention by the vet for a request for E-S IU award, you might ask? I think it all comes down to Evidence submitted and in the hands of the VA Rater at the time of Award or Evidence received POST Decision that would Trigger the automatic VARO Review of the Recent Award/Denial. If at the end of the review the Sr Rater or DRO determines that the Disability picture indicates the need for an E-S IU award, it would be advanced to the Director for his/her Decision. I could be all wrong on this, never read anything from anyone, that had an E-S Award.

Keep in mind, VA regulations require the VA Rating Dept to View all Vet Comp claims as a request by the Vet for any and all Comp Benefits that the Vet is entitled to. Vets don't need to ask for any specific benefit, it is automatically understood that Your asking for everything, including E-S IU if your Employment and Medical evidence supports the Award. If you think you have a E-S IU claim, file for it and be sure the VA has all the Employment and Medical Evidence in their Hot Little Hands.

Semper Fi

Gastone

RU: Merry Christmas. Extra-schedular IU? I've done a little research on this for a Vet friend with a 50% SC PTSD rating that is currently locked into a BVA appeal that I don't think he will win. With that said, my limited knowledge of E-S IU is as follows: Any time a Vet's SC conditions make it impossible to obtain or continue "Substantially Gainful Employment" the Vet can request an E-S IU rating. Keep in mind this only pertains to Vets that don't meet SC % for a regular IU claim. The E-S claim can only be decided by the "MFIC," Director of Compensation & Pension. I'm fairly certain that the VA Rating Dept would review a Vet's new application for E-S IU before submitting it to the Director for his final decision. What about a recently awarded initial claim that there was no mention by the vet for a request for E-S IU award, you might ask? I think it all comes down to Evidence submitted and in the hands of the VA Rater at the time of Award or Evidence received POST Decision that would Trigger the automatic VARO Review of the Recent Award/Denial. If at the end of the review the Sr Rater or DRO determines that the Disability picture indicates the need for an E-S IU award, it would be advanced to the Director for his/her Decision. I could be all wrong on this, never read anything from anyone, that had an E-S Award.

Keep in mind, VA regulations require the VA Rating Dept to View all Vet Comp claims as a request by the Vet for any and all Comp Benefits that the Vet is entitled to. Vets don't need to ask for any specific benefit, it is automatically understood that Your asking for everything, including E-S IU if your Employment and Medical evidence supports the Award. If you think you have a E-S IU claim, file for it and be sure the VA has all the Employment and Medical Evidence in their Hot Little Hands.

Semper Fi

Gastone

r rating may be provided. 38 C.F.R. § 3.321.

The Court has set out a three-part test, based on the language of 38 C.F.R. § 3.321(b)

(1), for determining whether a veteran is entitled to an extra-scheduler rating:

(1) the established scheduler criteria must be inadequate to describe the severity and

symptoms of the claimant's disability; (2) the case must present other indicate of an exceptional

or unusual disability picture, such as marked interference with employment or frequent periods

\of hospitalization; and (3) the award of an extra-scheduler disability rating must be in the interest

of justice. Thun v. Peake, 22 Vet. App. 111 (2008), aff'd, Thun v. Shinseki, 572 F.3d 1366 (Fed. Cir. 2009).

The RO cant ask for this without going to BVA

Edited by RUREADY

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RU: Seems wrong to me, that a Vet would have to have his case @ BVA in order to get consideration for a E-S IU award but that's just me. I'll have to look into it a little more. Seems more reasonable for the Disability Picture and Hospitalizations to be picked up at the RO level as N&M Evidence regarding Vets current medical situation. The employment Evidence could only come from the Vet, right. I would think that the Senior Rater or DRO completing the review would advance a E-S IU claim on behalf of the vet.

I've never made it to the BVA level regarding any of my 6 or so claims since 2008. If the Director of the Comp & Pension is specifically tasked with the authority to award E-S IU, seems strange that the BVA has to hear the appeal of whatever the original claim was. Over the past few years of reviewing VBA Decisions, all sorts of Awards, Denials and plenty of Remands. I just don't recall seeing any E-S IU Awards, Denials or Remands. Very Strange but I can't say I was really looking for E-S IU cases. My VA education continues.

Merry Christmas and IU to All!

Semper Fi

Gastone

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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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