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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
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      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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jfrei

IU ?

Question

He opinioned that my residuals of my TBI effect my ability to work and said this

(1) Trauma effects on Veteran's Memory seem to create one of his most significant impairments. Work on aircraft, where the lives of pilots & passengers are at risk, and much of the tasks are quite technical, seems particularly inappropriate for an individual with his apparent level of cognitive impairment. (2) In most employments, relationships & cooperation with coworkers & customers are important. The Veteran's emotional impairments would seem to be a liability. (3) What he interprets as chronic headache, may be a response to cognitive impairment. An employer would be prudent who asks himself whether this Veteran with his impairments is the individual who should be working on aircraft engines. The Veteran's Physician requested from the employer a modification of his work schedule because of concerns about circadian rhythms in the Veteran. That request was nixed because granting it would in the employer's view, it would be a violation of the collectible bargaining agreement with the Union. However, the Veteran's positives with respect to employment were well stated by him when he said to this examiner, "I'm as strong as an OX". 

My employment as a contractor is an at will which means your assignment and/or your employment can be terminated for any reason, with or with-out cause and with or without notice. At the termination of your employment, Quanta is not liable for wages or salary except those you earned prior to the date of termination. My mistakes made on a daily basis is grounds for being fired and I'm treading on water with no stopping my memory faults. I'm just trying to survive for my family and to support them by not telling my employer I ever had a TBI. I filed for IU roughly 2 months ago and was wondering if what I said to the doctor will hurt my chance I also had an MRI which shows I still have a 3.25 arachnoid cyst in the back of my cerebellum. So my short term memory is a liability for all employers no matter my physical conditions and it's been the same for ten years not any better but not getting worse . Along with my daily headaches which I also filed for an increase from 0%. He opinioned this though since he performed my TBI review as well 

PLEASE COMMENT ON THE EFFECT OF THE VETERAN'S SERVICE CONNECTED AND/OR CLAIMED DISABILITIES ON HIS OR HER ABILITY TO FUNCTION IN AN OCCUPATIONAL ENVIRONMENT AND DESCRIBE ANY IDENTIFIED FUNCTIONAL LIMITATIONS. PLEASE REFRAIN FROM OPINING ON IF THE VETERAN IS UNEMPLOYABLE OR EMPLOYABLE; INSTEAD FOCUS AND REFLECT ON THE FUNCTIONAL IMPAIRMENTS AND HOW THESE IMPAIRMENTS IMPACTS OCCUPATIONAL AND EMPLOYMENT ACTIVITIES.

I do not believe that the headaches per se significantly affect his ability to work in a marked way. However, the overall effects of his TBI do impair his ability to work, and I will comment on that more fully in addressing the DBQ that deals with residuals of the TBI. 

I just don't know if I will get the increase due to that statement even though he said they occur daily? I have no idea of what is to come does anyone have any guesses for my IU claim or my increases? I'm 90% of it matters for my IU claim.

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What you posted is probably insufficient for VA to grant a claim of tdiu.  You need words similar to

"the veterans sc headaches (and/or other sc conditions) are at least as likely as not rendering him to be unable to perform substantial gainful employement at this time"

I did not read your doctor saying that.  He did say the headaches interferred with employment, but not to the extent they rendered employment impossible or even unlikley.  

To get iu, you will need a statement similar to the one I have in quotes, above.  YOu can get that from any doctor and/or possibly a vocational specialist.  This can come from your VA doc, or, if your doc is unwilling to make such a statement, then from an IMO/IME.  

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I have in my claim a letter from my employer putting me on unpaid medical leave of absence permantly due to my disabilities or until my TBI residuals were better. It's been ten years since my TBI and on top of that I was forced to pay for my families medical while not being paid. So  I had no choice to resign. My wife's pregnant with our first son so her care is all I am worried about so right now. My IU is actually for my TBI residuals I was just looking to increase my headaches rating from the zero where I am at. He did opinion that I am a liability to any employer with my current cognitive impairment due to my TBI.

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Looks good for IU due to TBI.  Now just wait for the decision.  The language that they use for IU is not your standard medical opinion all they ask is for them to make a comment on your ability to work.  

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those top reasons is why he checked yes on it effects my ability to work the headache stuff is just an increase from 0 my claim is now flagged for hardship and has entered prep for a decision so hopefully not much longer. But no one knows or guess when?

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