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I am very confused by what I am seeing on va.gov.
Has anyone seen these kinds of things happen and what were the outcomes? or your best guess?
Sequence of events:
Mar 2021 - Submitted IU package with Vocational Assessment etc.
Mar 2021 - Submitted FDC for Migraines
Mar 2021 - VA Accepted claims and combined them. "closed" migraine claim.
April-May - C&P exams (None for Migraines)
Today - See Migraine Claim opened with yesterdays date for last updated / IU closed with date one day after submitted.
No other updates in ratings or letters.
(1) Could be the system is just catching up and I still have a shot at IU, but why would they now de-couple the migraine claim. My original thought was they combined the two because the migraine claim would be moot if IU was approved.
or.. (2) They have denied the IU and have went back to processing the migraine claim?
Also, will VA still process new claims/increases when U have IU?
Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating?
I'm took anxious to wait for the decision letter which was mailed today (5.24), so I'm looking for feedback on what I do know.
The decision was mailed today, 7 days after the evidence gathering was completed. A D&C exam was scheduled but the decision was made with the exam. My e-benefits page has not changed from my previous 70%. Should the e-benefits site change if awarded TDIU? Any ideas on what this MAY indicate?
I was a non-professional successor trustee to my father's trust. I did not pay self employment tax on this money.
"According to Rev. Rul. 58-5 Generally, nonprofessional fiduciaries (that is, for example, persons who serve as executor or administrator in isolated instances, and then as personal representative for the estate of a deceased friend or relative) will not be treated as receiving income from a trade or business unless all of the following conditions are met:(a) There is a trade or business among the assets of the estate,(b) The executor actively participates in the operation of this trade or business,(c) The fees of the executor are related to the operation of the trade or business."
Would this money be considered sheltered income for TDIU purpose? I am appeallng a TDIU claim for an earlier effective date and 3 of those years were during the time I received trustee fees as a successor trustee.
This is from the HillandPonton.com website
"Sheltered employment involves holding a job but in a protected work environment. In this case, you’re maintaining a position where the employer makes accommodations for your disability.
In other words, while you may not be able to work at another job, you’re able to keep this one due to your accommodations. These accommodations may include diminished quotes, additional time off, extra breaks, the ability to leave work at will, etc.
Sheltered employment essentially is a job where you are not working under regular expectations. It may be a job where you are expected to do the most you can and whenever you are able. Generally, with a sheltered employment position, you are held to a different set of standards due to any limitations you may have resulting from your service connected disabilities.
The employer may have also developed the job specifically for you to allow you to keep working. For example, you may have permission to go home due to a migraine or are allowed to work individually if you have severe anxiety or other mental health condition.
Family businesses are a common example of sheltered work environments, since you’re still employed but likely receive extra accommodations for your specific impairment. "
Again, there was no trade or business and I was not an employee nor was I self employed. I did pay taxes on the money. It was categorized as other income. I was able to work at my own pace and quit whenever I needed.
I do not think this was Substantial Gainful Employment.
Any comments or suggestions as to how to approach this?
I put in a intent to file on 19 February 2019, submitted claim for increase for mental health/other specified trauma/stress related disorder in Dec 2019. Was approved and increased from 50% to 70%. I then submitted for TDIU with my mental health disorder and sleep apnea I have a combined rating of 90% with my 10% tinnitis. I ended up having to submit everything on my own as it was march of 2020 and our VSO shut down the VSO offices and I could not make contact with DAV. I recieved a letter that I may get a call for info from a doctor as they would be doing a records review, I "assumed" since I just had a C&P for mental health in February 2020 that they were using it for review as well. In May of 2020 I recieved a denial letter, stateing I did not qualify for a increase from 50 50% for sleep apnea therefore my TDIU was denied. I stewed on it for a bit and kept rereading the letter when I noticed under the evidence considered, my mental health was never reviewed or even acknoledged. I was kinda stuck as VSOs were still not available at my local VA and I never heard a peep from them at all. I called the Veterans Service Orginazation in the next county over and made contact with a VSO there. Due to Covid, all communication was by phone but I sent copys and we discussed the situation and decided to ask for a higher level review. I ended up talking to a DRO in February of 2021 on a informal phone call, she noticed before I even said what I thought and said, they didnt even review your mental health. The call was short, she said she was going to look at it and see if there was anything she could find and make a decision without any further delay. 2 days letter on VA.Gov it says the reviewer found a error and was sent back for a duty to assist, and to correct a error. Got scheduled by LHI for C&P which was yesterday, I feel like it went well for me, but after everything so far just seemed concerned something is still not right. I do have a couple questions
1- will the C&P exam go back to the DRO, or will it be sent back to the original VA level who messed up the first time.
2- anyone else have a issue like this?
More than anything I am just frustrated as I did everything I was supposed to do from the start, and they did not complete the claim as was needed and it ended up costing me more time, I am hoping this is it, not sure how long before I hear back with results of my claim but hoping for the best.
Please make sure if you get a denial letter, read everything and make sure they did everything proper, because had I not kept reading it I would have never found the error and probaly would of gave up right then. Everyone have a great day.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,