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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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Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
Picked By
Hucast21, -
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Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
Picked By
Galen Rogers, -
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Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
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retiredat44, -
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Post in CUE
glenda h posted an answer to a question,
"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".
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glenda h, -
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Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
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
Picked By
Jamezam, -
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By Jash
I’ve done the VA claim-bit on my own. I don’t know if this is a mistake or not.
I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if:
1. The c&p dr was lying to about her recommendations;
2. The c&p dr was telling the truth about the recommendations;
3. The rater will decrease my %
4. The rater will increase my%
Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances? The IU could help a lot, I’ve not been able to work much the past few years.
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By IGottaKnow
I was recently granted IU back in September 2019. I was trying to see if I was also P&T because of my award letter referenced CHAMPVA & Chapter 35 -- but it did not say that I was granted it (see info enclosed below). My award letter also did not mention a future C&P exam either. On eBenefits there is no Commissary Letter or Chapter 35 Letter under Letter Generator. I recently went to a local military base to get my Tan ID card in which the Expiration Date shows "INDEF" and the STATUS/Grade box reflects "DAVPRM".
I would like to get y'alls thoughts about this. Thanks!
Your Benefit Information:
· Entitlement to individual is granted effective April 22, 2019.
· Evaluation of posttraumatic stress disorder, which is currently 70 percent disabling, is continued.
See Rating Decision to find out why we made this decision.
You and your dependents may be eligible for benefits under CHAMPVA. CHAMPVA is a health benefits program in which the Department of Veterans Affairs (VA) shares the cost of certain healthcare and supplies with eligible beneficiaries. To be eligible for the CHAMPVA program a dependent must be the spouse or child of a Veteran who is permanently and totally disabled from a service-connected disability. You should call 1-800-733-8387 if additional information is needed, or visit http://www.va.gov/hac/forbeneficiaries/champva/champva.asp.
Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35). For more information on this program, please visit the following web site: https://www.vets.gov/education/gi-bill/survivors-dependent-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551).
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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
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Our picks
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Post in Ready to be rated
Hucast21 posted an answer to a question,
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.
Picked By
Hucast21, -
-
Post in NOD QUESTION
Galen Rogers posted an answer to a question,
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.
Picked By
Galen Rogers, -
-
Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
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!
Picked By
retiredat44, -
-
Post in CUE
glenda h posted an answer to a question,
"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".
Picked By
glenda h, -
-
Post in Not Recommended: Bosley & Bratch
Tbird posted a post in a topic,
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
Picked By
Jamezam, -
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Hello, I'm a new member but have been a frequent visitor to all of the great info on here. I have been curious mainly due to haring a dozen different answers to this question. My question is this, If a veteran who is 80% scheduler with 100% IU P&T is awarded 100% scheduler would the IU then fall away? Would the veteran just be 100%? I have a friend who is in this situation currently and he is bored out of his mind and wanted to at least try to work or go to school. He understands that there is already a system to do so should he choose to but has heard a lot of horror stories of the VA reducing his benefit just for attempting to do so (a bait and switch if you will) Question 2) He would like to at a minimum like to finish school in essence to be a role model for his kids. If he is 100% IU would he still be eligible to use Voc Rehab even with no intent to return to full time employment? Thank you in advance for your time and answers.
Semper Fi
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