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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
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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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).
Anyway I'm at 100% right now for my bipolar disorder, and I'm getting re-rated in like 2 years. I have 1 month left on my 9/11 GI Bill, which isn't enough for me to finish my degree (I have 2 years left). I'm aware that I have to put in for Voc Rehab before using my last month of benefits in order to get the higher Voc Rehab BAH rate.
So my question is, if I call up Voc Rehab and say "Hey I'm feeling well enough to do school again and work and I want to be a psychologist and help other Veterans get their lives together" will the Voc Rehab people immediately schedule me for a re-evaluation? Don't get me wrong I want to get off of this disability stuff but if Voc Rehab is going to pay me only the BAH for the school's zip code, that is not enough for me to live on without a roommate (I'm 30) or some other source of income, not even close, like, the BAH is 3k per month, and the cheapest studios around the school (within a 45-minute drive one way) are $1200, and there are so many people applying for the apartments that unless you can show you bring home an income that is 3x your rent (in this case $3600 per month), they won't rent to you. I already tried to move there on my current monthly income (3k) and I got no responses.
Living on campus is possible but would be a nightmare as I would have to spend 4 months out of the year living with my 62 year old mom and my stepdad in a cramped little house. It's just not realistic. I know for a fact they wouldn't let me live with them for 4 months out of the year. Even when I was homeless they were only going to let me stay there for 1 week until I got into a VA housing program. It especially wouldn't work if I wanted to take summer courses because the dorms are closed during the summer and my family lives in another state. I also wouldn't be able to maintain my current extremely-healthy diet because no cooking is allowed in the dorms (no hot plates or toaster ovens). I eat very specific health-food recipes and mealprep 3-4 days at a time. The dining facility at the college is okay but is incompatible with my superfood diet. I checked to see if the school has off-campus school-sponsored housing but they don't have any.
Anyway, I could absolutely make it work even if I'm bumped down to 50%, but if they put me at 10% or something I'm going to have to get a job when I'm going to school which would be too hard for me to do while getting the grades I need to get into a Psy.D program. Transferring schools to a cheaper area isn't much of an option because my transcript is so awful right now that no one else will take me.
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!
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By Nyree212
Hello all I am fairly new to this forum however I get the majority of my insight here
Currently I'm rated at 90% overall , out of that my depression is currently rated at 50% , about 6 or 7 more disabilities each rated at between 10-30% as well ranging from back ,feet and hip problems and recently I have submitted my claim for tdiu back in October 2018 and this past Feb 2019 I had my c&p exam and I was wanting to seek feedback based on what my examiner wrote in the notes in the results I've copied and pasted the portion that stuck out to me most
Do I have a good chance at tdiu? Its a very scary process
facilities. Encounter Date/Time Encounter Type Encounter Description Reason Provider Source :here are some of key things that stuck out from my examiners notes-
At the time of the last exam she was experiencing a high level of work
stress. This continued until her discharge in 9/19. She enrolled in
College but only went to a day of school. She
recalls, "it was pretty stressful, the wear and tear. Some of the
classes were upstairs. Mentally I couldn't focus. I was excited, but
when I went I felt overwhelm[ed], 'I can't do this.'"
She has looked for work she could do at home but was unable to find
anything. Has not had paid work since her d/c from military service.
The veteran's depression is quite severe and would impact her
performance in any job. She would be vulnerable to regular absenteeism
and low productivity in any job. She would avoid social interaction and
would particularly struggle to perform in jobs that involved extensive
social interaction (e.g., team based jobs, customer facing jobs). She
would likely struggle to tolerate the routine stress of most jobs or get
through a work week without displaying obvious signs of depression and
anxiety -
By Alpenliter
I was recently awarded 100% disability, and the effective date went back to when I first took a stress test to evaluate my heart problems, 12 months earlier. My question is: while looking at my EKG, both my cardiologist and my primary care provider commented that it showed that I had a heart attack as far back as 2013. Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"? I don't want to appear greedy, or "rock the boat", but don't want to walk away from money on the table if it's there. Thanking you in advance for any help on this.
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By marine0816
Can't believe that I'm 100% Permanent and Total. With VA jerking me around for all these years, but without the help from Hadit I wouldn't be here. The fight continues at the BVA level to hold on to what I've got, but now I can rest a little easier. The property Tax Exemption and the free Dependent Tuition is what my injuries deserved and that is what I was pushing for. I've seen Rheumatologist, Podiatrist, Vascular Surgeons, General Doctors, VA Doctors Nurse Practitioners, combined, with hundreds of pages of medical evidence along with buddy statements to help solidify my case. If you look at my signature you can see my journey, the good years are the HADIT YEARS. Thanks to everyone that helped me out...
FLASHBACK To my first post back in 2013.. WOW, I had no clue I would be here
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Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Hammer46 posted a topic in Ask The Geeks,
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?-
- 6 replies
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Hammer46, -
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Post in Should I File for EED or CUE
Vync posted an answer to a question,
I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
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bigbetty3id, -
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Post in Back and Forth
HavokDiv posted an answer to a question,
Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
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HavokDiv, -
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Post in How Is Tinnitus Tested By The Va For Compensation Purposes?
Buck52 posted an answer to a question,
Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
...................Buck
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Precedent Setting CAVC cases cited in the M21-1
JKWilliamsSr posted a question in VA Disability Compensation Benefits Claims Research Forum,
A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran.
One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea.
There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.
The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21.
It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve
M21-1 Precedent setting decisions .docx-
- 5 replies
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Based on Ebenefits, they have closed my open claim and awarded me additional ratings. I was already 100% combined; however, when I go to Documents/Records and retrieve a VA benefits summary letter, it shows YES for 'You are considered to be totally and permanently disabled due soley to your service connected disabilities. The commissary letter goes on to say it is permanent and not scheduled for any future exams.
Here lies my question......would any of these state unemployable if the VA decision was that I am total, permanent and unemployable? I realize this will be all spelled out when I get the yellow envelope in the mail but thought others with experience might be able to let me know what I should see on these.
Thanks!
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