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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 ...
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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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redmitch

NOD FOR EARLIER DATE FOR DIABETES MELLITUS TYPE II

Question

My private Dr. determined I had Diabetes Mellitus Type II October, 2010.  I filed a claim for VA disability benefits in January, 2011 and this claim was denied for failiure to prove I was ever in Vietnam.  I served in the Security Service and was TDY to Cam RAn Bay, Vietnam but this command had kept sparse records and my claim was denied. I had also followed up at the VA hospital and was taking Metformin until approximately early 2016.  In 2016 I was awarded 10% for diabetes finally proving the NEXUS to service in Vietnam through the help of buddy letters that were not available when my original claim was filed.  I was actually told I was SOL because of the nature of my command.  Things change and the command is now doing an excellent job of providing buddy letters.  I have filed a NOD at the behest of my representative because I believe the VA did not do enough to help me prove I was in country and therefore was exposed to AO.  My question is how long will it take for the NOD filed October, 2016 to be addressed; and do you think my argument is sound enough to warrant awarding benefits back to January, 2011?  Also since I was on Metformin until 2016 which is documented in the VA hospital records is there a chance that my percentage will be raised from 10% to a higher amount?

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what dates were you in Vietnam?

as for as your Oct 2016 NOD  that's anybody's guess as to win they will get to it.

not sure they will go back to 2011  but you can request they do.

Its all a gamble and if you don't file then there's no claim or what if's.

file and let them work it out.

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Yes, and yes.  YOu need to order a copy of your cfile.  The effective date is the later of the "date you applied" or the facts found.  (The date the doc said you became disabled.)

You also need to timely file a nod disputing the effective date.  

If you post the reasons that they gave you for the effective date, in the decision, it may help us to help you on how to word your appeal.  

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"I filed a claim for VA disability benefits in January, 2011 and this claim was denied for failiure to prove I was ever in Vietnam. "

Did they give you any DMII NSC rating on the rating sheet for that denial?

"My private Dr. determined I had Diabetes Mellitus Type II October, 2010 "

When did the VA receive that info?

You might have basis for a CUE claim.Might.....or more retro under a 38 CFR 3.156 claim.

Under Nehmer if a disability "should have been rated ( coded) "in a past decision and was subsequently awarded under Nehmer,it is possible a CUE could recover more retro.

But I am thinking of Nehmer 3 ( all in our AO forum under Footnote One.) when IHD became presumptive.I am not sure at all if the DMII regulations allowed for any Footnote One provisions.

I received an EED for my dead husband AO IHD which "should have been coded" on every rating sheet since 1988, but because it had been a malpracticed and untreated condition, they failed to give it any diagnostic code or rating.I will try to find out on the DMII and if I find something I will post it here.

.

 

 

 

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There is a provision of the vet had applied for DMII and was denied prior to the DMII regs being published:

http://www.benefits.va.gov/compensation/claims-postservice-agent_orange-diabetes.asp

"Retroactive Benefits

Under a federal court decision, Vietnam Veterans are eligible for retroactive awards of benefits for their diabetes if you applied for service-connection for diabetes before the VA diabetes regulation went into effect on May 8, 2001. If you were previously denied service-connection for diabetes mellitus (Type II), you should reapply by contacting your local VA office."

That wont help you but might help someone else.

What date did the VA state they determined your entitlement to DMII compensation ":arose"?

Gee that might help ME....death with AO DMII contributing ,awarded 2009-but my husband died from it's untreated complications in 1994......

no rating at all, no treatment- just like his AO IHD.Awarded in 2012.

I proved to the General Counsel that a VA doctor's diagnosis of diabetes in 1992 occurred in the med recs but someone crossed it out- yet it was still visible, this doctor was the only doc on the team who knew what he was doing, when I proved step-by-step how the other docs covered up the nmalpratice from a different VA.The neuro doc left the VA and it took montyhs to find him in private practice and he gave me a freeby IMO.There was no question when he treated my husband in 1992 at the VA ( he remembered this all from my email to him) that my husband had diabetes mellitus.I had considerable other evidence to prove that as well.BVA agreed.

I guess I have another CUE claim to file.:rolleyes:

 

 

Edited by Berta

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