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Please Explain. Sounds Conflicting

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smurf22

Question

Hello everyone. Im new here to the site, hope Im doing this right. But anyhow I got a decision on my claim in just 7 months and totally dont understand the results.

Rated Disabilities Disability Rating Decision Related To Effective Date dysthymia Not Service Connected post traumatic stress disorder (PTSD), bipolar disorder, dysthymia, (38 USC Section 1702) Active Psychosis/GW Mental left knee condition Not Service Connected sleep apnea Not Service Connected intermittent explosive disorder Not Service Connected diabetes mellitus, type II Not Service Connected post traumatic stress disorder (PTSD) Not Service Connected

PTSD - Combat

bipolar disorder Not Service Connected right shoulder - rotator cuff condition Not Service Connected hypertension Not Service Connected

All these disabilities that I claim are backed by pages and pages in my STR/SMR. Almost like they didnt even review them. I also dont understand Active psychosis part either. Also nowhere in my claim was there any mention of Combat PTSD. Did they review my record or someone elses? Any and all insight and/or course of direction is highly appreciated. Thank you.

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I mean scan and use the 'attach' feature..... sorry

The 5103.form .....

I feel every vet or survivor should list right on this form, a brief description and date of everything they have sent into the VA,if you are signing it to confirm they have all of your evidence.

This is one of the first things the BVA will look for as the VCAA format has changed.

Then again, I not only confirmed,during a a phone call from my VARO ,what I had sent in for my 2 pending claims, I also listed the evidence they had (and I have USPS tracking slips as proof) on the 5103

And the dopes still did not use or list a single piece of that evidence, for my claims.They reversed one denial right away, but I await what the next BS will be.

I am fighting them on that because it is a violation of 38 CFR 4.6 and can potentially cause a BVA remand.

My AO DMII death claim took 6 years to be awarded (with another 8 month fight over the retro)

SOLELY because my RO, to include a DRO as well as raters,refused to acknowledge ANY of my evidence, even after my former vet rep said he personally gave the prime IMO to my DRO.

It is part of the RO stall tactics because let's face it, the war is almost over, many vets are leaving the VA system and using their Medicare, and a continuous backlog insures job security for these RO employees, many who are just putting in time to collect their FERs retirement benefits.

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  • HadIt.com Elder

Sounds to me like they never read any of it, if you have SMR's in your favor to support all these disability's...you should have had a decision in your favor a decision I would think would be 100% and if you can't work because of these disability's (preludes you finding gainful employment)

file for the TDIU .

Unless the SMR's are not clear? or was NOT medical Dr that wrote it in the report?

And like broncovet mention file NOD..Its up to you to ask for a DRO Hearing. its probably wise to and the fastest way to win your claims.

But Defiantly Disagree with there decision.

I think you have a great chance winning this Bud...at a DRO Hearing! take all your evidence copies and all your supporting medical records& anything that will help support your claims.

Good Luck Buddy

jmo

....................Buck

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  • Moderator

Here is how pension works. If you earned 3000 last year, then your pension would be 9000 per year. In other words, if awarded pension, you will get a total of 12,000 per year of the combination of pension and what you earn working. So you can work and get pension, especially when its only a few months of the year, and you do not earn at least 12,000 in a year. Pension amount varies with your number of dependents, also. More dependents=more pension.

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  • HadIt.com Elder

broncovet,

Is the pension non-taxable?

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