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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 ...
    Continue Reading
     
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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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ohiobowhunter87

100% IU P&T Question

Question

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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If that IU falls away and you're 100% then you can legally work even with the VA rating, as long as you don't have your 100% rating for a mental disability.

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I work at a community college and have a lot of 100% and 100% unemployable students that are taking full course loads.  I also believe you can work up to 19 hours a week on unemployable. This is ment to give you hours to volunteer or work part time so you don't go stur crazy.  As for your friend using voc rehab that would be a no UI means not ch 31.

 

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The crazy one here, it really doesn't matter.  If the veteran is  being paid IU he cannot legally work.  If the veteran is 100% scheduler, if s/he attends Voc Rehab, VA will decide that the veteran is capable of returning to work and propose to reduce his/her rating depending on what his/her disabilities are.  The purpose of Voc Rehab is to help an individual return to work. As Broken said  a veteran can legally work at 100% scheduler but even that runs the risk of VA proposing a reduction in his/her combined rating. If the veterans gets an increase and VA determines that the veteran combined rating reaches 100% than there would be no need for the veteran to be considered IU. Keep in mind that the veteran can get SSDI for his service connected disabilities and just find a good hobby.

Edited by pete992
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Va is highly unlikely to award 100 percent schedular when you are IU.  They regularly deny and say its moot.  Im in appeals at the CAVC, in part, because of the obverse:  Im already 100 percent schedular and seeking IU as that will mean an earlier effective date.  

So far it looks like VA will win in that I wont get both at the same time.  However, since mine involves an EED, I could get IU up until xx date and then 100%.  

My bva decision made it clear they would not award IU when I was already 100%, but indicated I could seek same at different periods of time.  

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interesting....Asknod's recent CUE posting here covers some of the same situation but this is a vet who had a high level of SMC.

The VA now says "moot and academic" regarding TDIU if there is already a 100% SC standing.

But the GREAT CUE decision here Alex posted might explain that better.......

"My bva decision made it clear they would not award IU when I was already 100%, but indicated I could seek same at different periods of time."

Yes, the BVA gives us clues sometime. They gave me a clue in a old BVA decision....that claim's theory of entitlement was denied , and I didn't really pursue it with evidence, because I had subsequently won on a different theory of entitlement at the RO level and thus BVA rendered the case moot because of the RO award and I didn't know I could have withdraw the BVA appeal.

In the decision they gave me a clue....a legal clue..... I used that decision to fight another claim I had.

It was a legal BVA clue. I already explained that here. The clue became $59,700 bucks in 2010.

Boy was my RO pissed.

Because I called the OGC and they, like the BVA, can read.

Edited by Berta

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  • Similar Content

    • 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: 
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      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).
       
       
       
       
       
       
    • 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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      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!
    • By Nyree212
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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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