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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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  • Our picks

    • 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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Question

Hello Everyone,

After being approved for Voc Rehab and driving 35 miles back and forth to the VR&E office, I was recently sent a letter denying me for these benefits. Overall, it was a TERRIBLE experience. I felt like she was patronizing me each time i walked into her office. Despite taking the tests, giving her my transcripts and everything going smoothly(i thought), it seemed like each time I met with her their were new reasons to string me along not give me an IWRP. One time it was the testing, the next time it was that she wasnt prepared. I almost felt as if the counselor Allison, Didn't want me to be a part of the program(despite being approved and being entitled for the VR&E benefits). I felt defeated and even went as far as calling the regional office in Philadelphia. That proved to not work as the associate VRO told me that "my counselor knows my situation and file best, she should be able to point me in the right direction."

Can anyone else share their experience (good, bad or ugly) and interactions with VOC Rehab getting(or TRYING TO get) the benefits we are entitled to in the VR&E program?

Thanks,

Pat

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For me I never had the GI Bill, I was after the GI Bill you had and the one they have now. We had to put money in in order to have a GI Bill, it was half my check back then for the first year and I was not able to afford it (at least I thought so). What little college I have is self funded and at this time I am not wanting to go back to college. 

When I move and retire next year I will have to check into the ILP (I know nothing about it). I will see what if anything I may be eligible for or if I really even need it. The only thing I will really need and I hope the house has one is a pool, I need to do low impact exercises because of my back and legs. Other than that I don't need anything at this time.

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Where do they find these jerks ????

I heard the same horror stories about Seattle........

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Voc Rehab is largely a farce. One portion of this is the ILP program. Apparently Alex did some research on this and found several RO's who had approved "zero" Vets for ILP. They denied them all.

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I got ILP in Dallas but it took 3 years and 4 Vet Councillors one approved 2 Veterans in 18 months. I really think it is unfair to take 100% Veterans who know they can't work to go through the basic programs that are used to find jobs for Veterans. Using ILP and a Grant I got my bathroom remolded with walkin shower, 2 new high toilets, second bathroom painted and a pair of temperpedic beds that cost VA 8,000 bucks. I was supposed to get a new HVAC System but my VA Councilor said he would not approve it on his watch.

That said I think that the ILP offers Veterans an opportunity to get set up so that they can stay in their homes if they still have one after waiting for VA to get off their collective asses.

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I am in the Dallas Region now , but when I went through Voc Rehab we lived close to canton Tx my Voc-Rehab was in Tyler Tx ''was paid travel pay''

I had a great experience in Tyler the Counselor's were very nice and welcome me and were all very veteran friendly. The 1st Sgt was cool.

Unfortunately

There must be difference in the VOC-Rehab programs..it all starts with the Attitude of the Counselor's.

sorry you had this problem, I'd ask to see a different Voc-Rehab

jmo

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

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  • Similar Content

    • By WomanMarine
      In January of this year I was approved for the ILP through Voc Rehab. I had an Industrial Psychologist come to my home and visit with me for three hours. He developed a report that was then submitted to my VR counselor. My VR counselor then created several 'Request for Medical Services' Chpt 31 that were delivered, by me to my Primary.
      They stalled for several months of getting me the supplies which ranged from long handle grabber, electric scooter and HISA Grant for outside work which included drive-way.  The only thing that was delivered was a set of grab rails and a shower chair. The issue I believe was with the Prosthetic dept; as I suspect I caught them in a lie. They stated that they had ordered the items and they had to give them out to other veterans. 
      These folks would not follow-up with VR and because of this VR cancelled my ILP.
      I recently applied for a HISA Grant and was denied. They stated that my prescription was for hand rails and a ramp. In no place on the ILP plan does it request that.
      How does one appeal a HISA Grant?
      HISA recommendation.pdf
    • By hemipepsis5p
      Hi everyone! 

      So I have bipolar disorder, and I've made massive progress in my wellbeing in the last 6 months from diet/exercise and tons of self-help books and a Bipolar Life Skills program. Anyway, I feel great, and have for months and months now, and I feel like I'm ready to go back to school and finish my degree (in psychology) and try to get higher education so I can help other Veterans out of depression (I want to be a psychologist, the Psy.D route).
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      Will Voc Rehab set my BAH to 3x the studio rent for the area so I can get an apartment? I can hear you laughing now, I've dealt with the VA, I know the answer is probably "Yeah sure, when pigs fly."
      Thanks for any help!
    • By K9handler13
      I was working in the TWE program. While I was in the program I was accepted to voc rehab the vr councelor said that I could not be in both programs so I withdrew from TWE upon my first appointment to vr the councelor told me that all they do is try to help with an entry level job.I stated that I was interested in schooling she told me that since I was 100% P&T for ptsd that I can't work or the VA would reduce my rating and that the vr was an employment program only and that they can not approve school or independent living, that I should have stayed in the TWE program but they as well are an employment program but that i needed an IEEP to justify my inability to adapt to working the 3 weeks that I spent on the TWE program was really making my irritability and depression worse all they had me doing was cleaning toilets and patient rooms. I have been a GM for a General Motors dealership and a VP for 2 different security companies yet I don't have a degree of any kind and upon relocating to a different state all of the local job market wants people with college background ie: bachelors to do what I was doing before I was awarded 100% seeing how both of these VA programs only help with entry level jobs I can't justify working for a minimum wage job and losing both my ssdi and VA I have never heard of the independent living program until the vr councelor mentioned it. I didn't inquire about it because she said that they didn't participate....anybody have advice please help
    • By Shadow Cat
      I need some input regarding a few regs. I returned to school last fall through VR&E, but was put on an IEEP because of a diagnosis of PTSD 8 years ago and rated 100% for it. I am a senior graduating in December and have always been a 4.0 GPA student. At the end of the semester, my new case manager decided that she was not going to fund my last semester (spring 2018, that I just finished) and i ended up paying for it out of my pocket. I was also put infront of a panel who a few weeks later made a "recomendation" (read mandated) for futher evaluations, neuropsychological evaluation, anger management skills group, and mental health counseling. I asked for an admin review and was told by one supervisor that I could not have one because there was a "recomendation" and not a decision made.  The following are a few messages between the supervisor and myself. What I really need is a solid way to push the issue with the regulations. They seem to think that they are fully justified simply because the did not put it in my IEEP.
       
      In advance, Thank you.
      Bob
      leter 1
       
      February 27, 2018
      David Crosby
      Department of Veterans Affaires
      VA Regional Office
      VR&E Division
      5400 W. National Avenue
      Milwaukee, WI 53214
      Dear David Crosby,
      I am writing to you to request that you review my record for an administrative review. The reason for this, is that I am in an IEEP and I strongly disagree with the panel’s decision based on the following:
      ·       As a full time, college senior with a 4.0 GPA, I have more than proven my abilities to deal with a stressful environment. I should be allowed to continue my education through the VR&E program.
      ·       My enrollment in the IEEP allows for an additional semester of education as long as the second semester is not to determine academic potential, which I have more than proven. I have met each of the requirements stated except, the last 2 bullets points, because they are the responsibility of the VA and not the veteran. Please see below.
      ·       I should also be able to continue to receive my subsistence pay as indicated below in part 3, 5.
      ·       The panel has recommended that I attend a neuropsychological evaluation, anger management skills group, and mental health counseling based from a rating decision made eight years ago.
      ·       The panel did not look at my medical records from the Seattle VA PSHCS to see the counseling, anger management and neuropsychological testing that I have gone through since the rating decision and the last neuropsychological test was done in 2012 after a motor vehicle accident to assist with TBI testing. This would show my progress and that I am in a place that I do not need the recommended objectives per my mental health team in Washington state. 
      ·       Per M28R, Part IV, Section C, Chapter 3 Revised March 31, 2014, GUIDELINES FOR THE DEVELOPMENT AND ADMINISTRATION OF AN EXTENDED EVALUATION PLAN, states that:
      38 CFR 21.53 states that the achievement of a vocational goal is reasonably feasible when the following conditions are met:
      1. A vocational goal has been identified, and
      2. The Veteran’s physical and mental conditions permit training for the goal to begin within a reasonable period, and
      3. The Veteran possesses the skills to pursue the vocational goal, or VR&E will provide the training necessary to achieve the goal.
      All of the above have been met. I have an identified goal that works in conjunction with my IT back ground in disaster recovery and business continuity.
      1. Program Goal
      Per 38 CFR 21.86, the program goal for an IEEP is to determine if the achievement of a vocational goal is currently reasonably feasible. If possible, a specific occupational goal or occupational cluster and a three-digit Dictionary of Occupational Titles (DOT) code are included. However, if the VRC is utilizing a fast track IEEP, or if the goal is not clearly defined, the use of DOT code 999 is permissible.
      38 CFR Ch. I 21.35 Definitions
      (2) The term achievement of a vocational goal is reasonably feasible means the effects of the veteran’s disability (service and nonservice-connected), when considered in relation to the veteran’s circumstances does not prevent the veteran from successfully pursuing a vocational rehabilitation program and becoming gainfully employed in an occupation consistent with the veteran’s abilities, aptitudes, and interests;
      (3) The term achievement of a vocational goal is not currently reasonably feasible means the effects of the veteran’s disability (service and nonservice connected), when considered in relation to the veteran’s circumstances at the time of the determination:
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      (ii) Are expected to worsen within the period needed to achieve a vocational goal and which would, therefore, make achievement not reasonably feasible.
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      4. Academic Programs
       Academic coursework may be an appropriate part of an extended evaluation plan, but services cannot consist solely of academic programs. In general, the IEEP should consist of no more than one term of academic coursework. However, one additional academic term may be approved if the reason for the additional term is not solely for the purpose of determining academic potential. When considering if an additional academic term is appropriate, the VRC must:
       • Determine that additional diagnostic and/or evaluative services are needed
      • Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services
      • Address all feasibility concerns during the second academic term
      • Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility
      • Obtain concurrence from the VR&E Officer
      5. Subsistence Allowance
      Per 38 CFR 21.266, a Veteran participating in an extended evaluation program can receive a subsistence allowance. The allowance is paid in accordance to 38 CFR 21.260.
      3. Extended Evaluation and Independent Living Program
      A Veteran in a program of extended evaluation or an Independent Living (IL) program may be paid subsistence allowance for full, three-quarter, or half-time participation at the rate specified for institutional training in accordance with 38 CFR 21.260. It is important to note that per 38 CFR 21.260, subsistence allowance is not payable when pursuing a plan at less than half-time unless a determination of reduced work tolerance has been made or unless one-quarter time is allowable under an Individualized Extended Evaluation Plan (IEEP). If an extended evaluation or IL program is pursued on a less than a quarter-time basis, VA will only pay established charges for services provided. The procedures for processing an original or amended award found in M28R.V.B.8 should be followed when processing subsistence allowance for Veterans participating in an extended evaluation or IL program.
      Allowance during a period of extended evaluation is paid based on the rate of attendance and the number of dependents. Extended Evaluation program subsistence allowance rates:
      Number of Dependents
      Full Time
      Three Quarter Time
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      $605.44
      $454.92
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      One Dependent
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      Two Dependents
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      $443.31
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      Each Additional Dependent
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      $33.10  
       
      As you can see, there are clearly problems with the decision that I would like to see resolved.
      Sincerely,
       
      Reply: 
      Dear Mr. Klement:•
      In response to your letter of 03/08/2018. You are currently in an Extended Evaluation program. You have been provided with the one semester of academic instruction which was part of your extended evaluation. 
      According to the regulations to provide a second semester, it must be part of the extended evaluation with a written request for this second week.
      There is no written documentation of need for a second semester of training in your extended evaluation plan, or approval for a second semester. Without
      these items no reimbursement can not be made through the chapter 31 program.
      Sincerely, 
      Albert Hess
      Supervisory Vocational Rehabilitation Counselor
      My reply,
      Dear Mr. Hess,
      Thank you for your recent reply. Again, my questions have not been answered. Again, I cite the regulation for the authorization for a second semester. I m fully aware of what the regulations say, because I cited it for you and I will again. This was why I wanted an administrative review. I want the second semester put in my IEEP and Ii have supplied the justification for it. Again, your office has failed to cite a regulation that counters this regulation. Also, your last correspondence failed to address the subsistence allowance that I am eligible for because I AM IN AN IEEP! These two things should have been in my plan and need to be added.  It was these two missing items from my IEEP that give justification for an administrative review that I asked for weeks ago.
      I would like to have this semester reimbursed since I am still in an IEEP. As long as it is not for academic feasibility, which my grades have more than proven that I am not, then I am allowed to have the second semester while still in the IEEP.  Per M28R, Part IV, Section C, Chapter 3, states “… however, one additional academic term may be approved if the reason for the additional term is not solely for the purpose of determining academic potential. When considering if an additional academic term is appropriate, the VRC must:
       
            • Determine that additional diagnostic and/or evaluative services are needed
                        The panel has recommended more diagnostic testing, the psychiatric neurological meets this requirement
      • Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services
                  This speaks for itself.
      • Address all feasibility concerns during the second academic term
                  Has not been done.
      • Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility
                  This is your offices job.
      • Obtain concurrence from the VR&E Officer
                  This is your offices job.
      I have more than met this requirement. I would also request my monthly subsistence be restored, with back pay, since I am still in an IEEP, I should still be receiving my monthly subsistence and I am still in school full time.
      Per 38 CFR 21.266, a Veteran participating in an extended evaluation program can receive a subsistence allowance. The allowance is paid in accordance with 38 CFR 21.260.
      A Veteran in a program of extended evaluation or an Independent Living (IL) program may be paid a subsistence allowance for full, three-quarter, or half-time participation at the rate specified for institutional training in accordance with 38 CFR 21.260. The procedures for processing an original or amended award found in M28R.V.B.8 should be followed when processing subsistence allowance for Veterans participating in an extended evaluation or IL program.
      I am asking for this to be reviewed and answered for. I cannot ask in a more direct way than this, so there is no ambiguity or reason for it to not be addressed or understood. I have met the requirements for these two items. If not, please advise why and cite your source so I can find the corresponding regulations. I do not believe there is a counter to these regulations.
      VA responce:
      Dear Mr. Klement:                                                                                                                                                   
      In response to your letter of 02/27/2018, requesting an administrative review of the Vocational Rehabilitation Panel decision.  After review of the meeting notes of 01/26/2018 it is noted that the panel did not make a decision regarding your feasibility to pursue a vocational goal. Rather the panel extended your extended evaluation for another 3 to 6 months with recommendations which needed to be accomplished prior to making that decision.  You can communicate this information to present to the panel through your case manager Rosalie Cifaldi VRC. 
      The M28R, Part Ill, Section C, Chapter 33.05 Administrative Review
      a. Definition
      An administrative review is initiated after a formal decision is made. The review provides the resolution to uphold or overturn the formal decision. It focuses on    
      •questions regarding policy and procedures, application of the laws; regulatory­ guidelines or directives.
      With the continuation of your Extended Evaluation no formal decision was made concerning your feasibility to pursue a vocational goal. Therefore no administrative review can be conducted. 

      Sincerely,
      Albert Hess
      Supervisory Vocational Rehabilitation Counselor
      My reply:
       
      Dear Mr. Hess,
      Thank you for your recent reply. Again, my questions have not been answered. Again, I cite the regulation for the authorization for a second semester. I m fully aware of what the regulations say, because I cited it for you and I will again. This was why I wanted an administrative review. I want the second semester put in my IEEP and Ii have supplied the justification for it. Again, your office has failed to cite a regulation that counters this regulation. Also, your last correspondence failed to address the subsistence allowance that I am eligible for because I AM IN AN IEEP! These two things should have been in my plan and need to be added.  It was these two missing items from my IEEP that give justification for an administrative review that I asked for weeks ago.
      I would like to have this semester reimbursed since I am still in an IEEP. As long as it is not for academic feasibility, which my grades have more than proven that I am not, then I am allowed to have the second semester while still in the IEEP.  Per M28R, Part IV, Section C, Chapter 3, states “… however, one additional academic term may be approved if the reason for the additional term is not solely for the purpose of determining academic potential. When considering if an additional academic term is appropriate, the VRC must:
       
            • Determine that additional diagnostic and/or evaluative services are needed
                        The panel has recommended more diagnostic testing, the psychiatric neurological meets this requirement
      • Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services
                  This speaks for itself.
      • Address all feasibility concerns during the second academic term
                  Has not been done.
      • Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility
                  This is your offices job.
      • Obtain concurrence from the VR&E Officer
                  This is your offices job.
      I have more than met this requirement. I would also request my monthly subsistence be restored, with back pay, since I am still in an IEEP, I should still be receiving my monthly subsistence and I am still in school full time.
      Per 38 CFR 21.266, a Veteran participating in an extended evaluation program can receive a subsistence allowance. The allowance is paid in accordance with 38 CFR 21.260.
      A Veteran in a program of extended evaluation or an Independent Living (IL) program may be paid a subsistence allowance for full, three-quarter, or half-time participation at the rate specified for institutional training in accordance with 38 CFR 21.260. The procedures for processing an original or amended award found in M28R.V.B.8 should be followed when processing subsistence allowance for Veterans participating in an extended evaluation or IL program.
      I am asking for this to be reviewed and answered for. I cannot ask in a more direct way than this, so there is no ambiguity or reason for it to not be addressed or understood. I have met the requirements for these two items. If not, please advise why and cite your source so I can find the corresponding regulations. I do not believe there is a counter to these regulations.
      Sincerely,
    • By john3mary
      I have a 50% rating from the VA.  I will have my first meeting with my Voc Rehab counselor in 4 days.  I already have a job, but I plan to argue underemployed but it might be a stretch.  I need to get some technical certificates to stay competitive and try to get a remote job (work from home) where I can control my work environment like a standing desk, etc....  I work in the IT industry.
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      Thanks,
      John
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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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