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    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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    • 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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Buck52

DJD?

Question

 Question  for me to answer a Vets question? I met at my VAMC

Can a Vietnam Vet be rated for D.A.  (Dengenerative Arthritis? 

Under code DC 5003 10% OR 20%

This vet had a X-Ray from his PCP said Dr sent him a letter stating what the X ray showed. =D.A. in lower back area (I don't have many details) but he said he was not injured while in military  or had combat action while in Nam.

He was ok after Vietnam  but came down with this D.A. IN HIS Lower Back Area years later

He ask me if he could get a rating for it if its not S.C..??

I did give this vet a hadit card I printed off....don't know if he will chime in here or not?   I told him I'd try to find out, he gave me his Number to call him when I find out.

Thanks.

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

Anybody have any suggestions?

IDK? he want to go on the A.O. Prsumption that A.O. cause the Dengenerative Arthritis

Is this possible ?

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2 hours ago, Buck52 said:

 Question  for me to answer a Vets question? I met at my VAMC

Can a Vietnam Vet be rated for D.A.  (Dengenerative Arthritis? 

Under code DC 5003 10% OR 20%

This vet had a X-Ray from his PCP said Dr sent him a letter stating what the X ray showed. =D.A. in lower back area (I don't have many details) but he said he was not injured while in military  or had combat action while in Nam.

He was ok after Vietnam  but came down with this D.A. IN HIS Lower Back Area years later

He ask me if he could get a rating for it if its not S.C..??

I did give this vet a hadit card I printed off....don't know if he will chime in here or not?   I told him I'd try to find out, he gave me his Number to call him when I find out.

Thanks.

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

Anybody have any suggestions?

IDK? he want to go on the A.O. Prsumption that A.O. cause the Dengenerative Arthritis

Is this possible ?

There would need to be at the minimum, some sort of record of an in or during service event that could be used as the basis for a nexus.

Are there any existing A.O. related awards for anything? 

Otherwise, the VA (and most everyone else) will say that the condition is a fairy common problem, and the result of "normal" living, working, and aging. Exceptions relaxing the "rules" do exist, but, from the information given, it sounds like they are not applicable.

As a general comment, remember that the classical military retirement has been 20 and out. That in part is some recognition that military service can be quite wearing.

I'm also currently fighting a back injury denial. There is minimal and possibly ambiguous reference to it in my service records. War zone service, awarded combat veteran status, and so forth that are applicable. The VA at the RO level, naturally denied, forcing an appeal. (Failure to apply combat veteran status rules and law) I'd likely not have appealed, but the rules for certain levels of SMC may be a factor for additional compensation.

 

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OIC 

Thanks Chuck75

I did let him know that if he didn't have any STR'S about his back being injured or something like that while in the military I told him it was doubtful that he would be approved for a rating, but I said you may go ahead and file a ITF...and gather up your S.T. medical records, he said the VA has been treating him for it for years.

I'll call him and let him know what you mention.

Thanks

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

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"IDK? he want to go on the A.O. Prsumption that A.O. cause the Dengenerative Arthritis

Is this possible ?"       

No this is not an AO presumptive.He might well have another disability that is AO presumptive.The complete list of all AO presumptives is here under a search.

 

 

 

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Thanks Ms berta

yes I check the A.O.List and never found anything on it but certain forms of cancer&other presumptive'sDegenertive  Arthritics was not on it.

I'll let this vet know  and if he has any other disability'sthat he thinks was caused from his military service, to go see a Dr  private Doc  not VA.

And go from there.

I also mention to him to request his c-file and look for medical he was treated for while in the military.

He mention to me another vet had mention to him that he was service connected for Arthritics ...But the Vet  was injured in military...I said thats why he is service connected.

so many times at my VAMC we veterans get to talking/visiting waiting on appointments and this subject comes up a lot  I give out Tbirds  Hadit cards I printed off.

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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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