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What The F(*&^^%

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cowboys4life

Question

I posted in the success part of this site just yesterday only to learn that it may have been premature I guess when you are dealing with the VA nothing should surprise me. Okay so I get a call from my regional office today and the gentleman in the other end of this fiasco said that he was replying to an inquiry I had recently made. I told him that I was good because my service rep had already given me the supposedly good news about being increased from 30% to 100% for my heart, increased from 0% to 50% for my pes planus both feet, 0 % to 30% for residual scar of heart surgery and 10% for residual scar. I learned today that I should have asked the service rep. the effective date and whether or not I got service connected on the heart and feet which are both SC. I also got TDIU all the way back to 2002. Here's the catch everything seems to have been worked as a non service claim. WH(*&^. I asked the guy to explain to me how that can be. How can my service connected disabilities that I put in for an increase all of sudden is written up as a non svc pension. He could not explain it to me and said that he needs a fresh set of eyes to look at and he will get back with me on that. Mind you ,all of these conditions were for an  increase and per judge orders should be considered as a claim for TDIU which I had put in for some years ago. The guy also said that my TDIU was for pension for which I told him I'm already receiving the glorified SSI from the VA maximum amount, which was the very reason I put in for those increases which were granted. Will someone please talk to me about what is going here. Is it an hones mistake or am I missing something in this entire process. I'm tired of being broke and homeless every few years and now I have a 3 yr old daughter to worry about. Ready to set something OFFF.

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  • HadIt.com Elder

Roger that ms berta.

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cowboys4life:

What a mess...and I'm so sorry that you are going thru this...not surprisingly the general lack of competence of my own VSO at first  is one of the reasons, I decided not to use a VSO any longer-and work on my own. You should have been made aware of all of these the repercussions of what could happen with your case and the possible interactions and reduction of pension versus compensation that might occur?  A good VSO would have sat you down and explained what could happen in your case give the possible outcomes and options. Also, with Berta involved and providing advice, you don't get much better than that. That said, it will be interesting now in terms of what options that you may have to fix this---I mean if there are any options or are your just stuck with these results? I know there are some really good VSOs out there and maybe you could find someone else to help you manage your case?

Anyway, Good Luck and Godspeed to you, Rootbeer22

 

Edited by rootbeer22
typo
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My reply was difficult to read....I deleted that too.

The #1 pdf that regards the  $24,476 comp retro ….what was that form the 30% or the 40% ….and is that correct?

The remand states nothing as to the pension matter.

I will focus on the heart disease claim.Others can answer the other parts of the remand.

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files3/1522513.txt

It is possible the VA will find the atrial fibrillation as secondary to the CABG. AF  is quite common after this type of heart surgery.

It is also possible that any addendum they might have prepared regarding the remand might Not find any relationship between the CAD and the AF.Or find it is at a non ratable level.

The letter you get next from the VA will hold what their decision is.

 

 

 

 

 

 

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This BVA decision holds the ratings for both paradoxical atrial fibrillation as well as supra atrial fibrillation:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1616661.txt

 

 

 

 

 

 

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