Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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
     

  • Ads

  • Visit the ASKNOD Site

    419iqoV2VSL._SY344_PJlook-inside-v2,TopRight,1,0_SH20_BO1,204,203,200_-2.jpg

    Get the book here

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • 0
Sign in to follow this  
Followers 0
vietvet

Conflicting Examiner Decision

Asked by vietvet

Question

vietvet    1

vietvet
Posted

Hello fellow vets:

Wording from the examiner was "Can do moderate physical labor with his diabetes, but "Would have difficulty using his fine motor skills, requiring light touch sensations. Also has

bi-lateral hand weakness. (regarding my bilateral upper/lower neuropathy). Was a letter carrier for many years.

I was denied TDIU. 

My NOD was carefully written out by a wonderful VSO; still waiting on final decision.

Could there be a conflict on the decision?

Thank you very much 

Make sure to call your mom if you can!

  • Like 1

Share this post

Link to post
Share on other sites

2 answers to this question

Recommended Posts

  • 0

Chuck75    500

Chuck75
Posted (edited)

"Can do moderate physical labor with his diabetes, but "Would have difficulty using his fine motor skills, requiring light touch sensations. Also has

bi-lateral hand weakness"

Classically, the VA would use " Can do moderate physical labor" as an excuse to deny. This comes from the "old days", when physical labor was all that the VA really considered.

As to appealing, I likely would. But, I don't know the exact details of this case.

Frustration and the VA seem to go together. My lawyer sent a letter to me saying that they no longer represent me concerning VA claims.

I suspect that it's a matter of the amount due them (not large) if I prevail. What irks me is that they were very happy to take a cut of appeal awards that were really based upon my previous actions, and the Nehmer court rulings, without much in the way of work on their part. Then, just to add insult, the VA EBennies will allow you to appoint a representative, but there is nothing concerning "UN-appoining one".

Edited by Chuck75
  • Like 1

Share this post

Link to post
Share on other sites
  • 0

Cliche Magnet    7

Cliche Magnet
Posted

**d damn it chuck I hate to hear that from you.  Please contact "Legal Help for Veterans" they will help anybody nationwide who has a solid claim or a solid appeal and I'm sure they would love to take over for your jerk lawyer.

If you've got a lot coming to you, though, please consider calling not one but many lawyers because LHFV may ask for 20% (or more?) and you may not like that if another lawyer asks for 10%.  On the other hand consider that their time is actually valuable.   But yeah, http://www.legalhelpforveterans.com/ is legit.

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
Sign in to follow this  
Followers 0
Go To Question Listing

  • Ads

  • Our picks

    • Rating "Protections"

      Rating "Protections"

      Vync posted a blog entry in Asthma ratings,

      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Thanks
        • Like
      • 7 replies
      Tbird

      Picked By

      Tbird,

    • VA Law

      Tbird posted a blog entry in Tbirds Blog,

      Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
      Tbird

      Picked By

      Tbird,
    • HadIt.com Branded 11oz Coffee Mug for sale

      HadIt.com Branded 11oz Coffee Mug for sale

      Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,

      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • HadIt.com Coffee Mugs and More ...

      Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,

      Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Army Major -response

      Berta posted a topic in VA Regional Offices,

      I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
      Buck52

      Picked By

      Buck52,
    View All

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines

  I accept