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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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briandalegm

My Va Claim

Question

I have a question which may seem a bit out there. I've noticed, in some forums, that vets have filed claims with an effective date of (for example) February 2014. However, when claim is approved, somehow it gets dated back to (for example) October 2013. One vet even suggested this may have been because of some 'informal claim' the vet made to the VA.

I filed a claim which was denied in 2008. I found supporting evidence just a few weeks ago and opened a new claim as suggested by a county VA rep. Is it a 'pipe-dream' to even think that, perhaps, my claim can be back-dated by the VA to 2008 with no action on my part which happened to the other vets?

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"I filed a claim which was denied in 2008. I found supporting evidence just a few weeks ago and opened a new claim as suggested by a county VA rep. Is it a 'pipe-dream' to even think that, perhaps, my claim can be back-dated by the VA to 2008 with no action on my part which happened to the other vets?"

Yes,in my opinion, no action on your part means nada action on VA's part.

We have significant information here at hadit under searchs regarding EEDs.

In 2008 they could have made an error that fails under 38 CFR 3.156 regs.

Or maybe they made a CUE.

Or maybe, regardless of the New Evidence ,they could still deny and not even re-open the claim, or maybe you would succeed and get the date of filing as the EED,in an award letter.

CUE (Clear and unmistakable error) also has much discussion here in the CUE forum and

38 CFR 1.356 also has been discussed here many times.

An SSA award can also favorably impact on an EED for TDIU and that is explained here too.

There are numerous reasons for establishing an EED that would not necessarily be the date of the claim.

You need to succeed on the re=opened claim however ,for any of it to matter.

Can you tell us more?

.

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Maybe. If you get awarded benefits, at the wrong effective date, and you think it should be earlier, then run it by a lawyer or give more details and we will try to answer.

If you have "new and material evidence", then you may be able to "reopen" your claim and get an Earlier Effective date (EED). You can look up

38 CFR 3.156 and see if you think your evidence qualifies under this regulation.

As you pointed out there is also a regulation on Informal claims for increase, where you may also qualify for an EED. Informal claims are covered under 38 CFR 3.155.

If you get a decision awarding benefits, you can appeal the decision disputing the effective date. VA gets it wrong often.

Also, its quite possible your RO decision contains Clear Unmistakable Error, and you may get an EED for that. If you have the RO decision and want to post the "Reasons and bases" for your decision denying benefits, then someone may opine as to whether you have a CUE or not.

I had to laugh..when I posted this and read Berta's post..she said almost the same thing I did, except in different words. Her answer was a bit better than mine, as she included the part about SSA and unemployability, where I did not.

Edited by broncovet

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Just to add ...for the few here (I hope) who even need to file a Section1151, 38 USC claim.

In 2012 I filed a 1151 claim separate from my past 1151 awards.

After another BATTLE (I am so tired of battles) I was awarded a dew weeks ago , an EED of 1988...that is from 1988 to 1994, the date of my husband's death.

They dont want to pay me the retro and they might be correct, when they finally do my other pending claim correctly.

Their logic is sound to a point and I will file a NOD.....

They have already paid me ( 2012 decision ) 100% under 1151 and cannot pay additional accrued due to the 100% award.

That makes sense....to a point

BUT they still owe me about 16 month under the 1151 CUE I won, at 100% Plus SMC and dependents, so that means their decision not to pay me under the HBP 1151 retro doesn't make sense.

They could pay the HBP retro for those 16 months ot more they still owe me.

The HBP 1151 is only a 10% award for 6 years with 2 dependents..

I actually filed this after the main CUE claim, just to see how VA would handle this 1151 type of situation if it ever comes up here.

They handled it like all of my other claims (SNAFUed and FUBARed up the ying yangs.).....

When they properly finish and award my CUE claim, then their HBP denial of payment will be OK with me ( I think)

Just to mention again ( and again I hope NO ONE here ever goes through this scenario)

100% SC plus 100% Section 1151 for an additional independent disability equals in essence, 200%

They must pay both amounts .

I posted the M21=1MR and 38 CFR regs on that here somewhere, available under a hadit search.

Edited by Berta

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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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      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".  

      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.  

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      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

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           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!  
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