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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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  • 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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Armyfor9

Secondary Conditions

Question

I am attempting to help a veteran with a claim. This without this site I would not be at 100% myself. This individual is a Vietnam agent orange exposed vet with SC diabetes.

I remember in doing my claim they added diagnosis I had not claimed and requested documentation. I stated that I was not at that time claiming those particular diagnosis. I was told back then that they are "required" to assist with claims for things they are aware of even if the veteran didn't state it. The example was also given that if a veteran used an incorrect diagnosis and it was obvious that should be brought to the veteran's attention and filed correctly. My question pertains to where in the regulations can I find that? The individual I am helping was denied for several conditions that are clearly complications of his diabetes which is SC. My gut says they should have advised him to change the claim for those denied diagnosis as secondary to his SC diabetes. I have no idea where to find anything that mentions the requirement. Any help???

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There are a few possibilities.

§4.20   Analogous ratings
http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_120

This allows the VA to steer toward rating criteria closely related to the claimed condition. For example, if a vet filed for "eye problems", and then it was medically determined that he had "glaucoma", then they would use rating criteria for glaucoma and change the claimed condition to match.

In some cases, the C&P examiner may have been requested to diagnose any additional conditions and determine if they are related to service.

 

I'm short on time right now, but here is a link to the regulations governing adjudication:

http://www.ecfr.gov/cgi-bin/text-idx?SID=c2fa387c2fcd344d668f8882c4d6ca0c&mc=true&node=pt38.1.3&rgn=div5

 

And another useful link on VA precedent opinions:
https://www.va.gov/ogc/precedentopinions.asp

 

 

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Thank you for the info/links. Will check it out. I had no idea where to begin to look. I appreciate your direction. :smile: 

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One of the problems come when they deny you for something; you can't reopen it without New AND Material evidence-

What's the problem?

Say they added 'knee condition', then denied for lack of an in-service event. You don't appeal because, maybe you didn't notice, didn't know how or that you could-

Later, your knee condition gets worse. You have all kinds of records showing that it's worse- But that's not material to why they denied it! It's very difficult / impossible to get 'new' service records about your knee-

In effect, it bars you from ever applying for that condition again.

The other problem, is when you call to have them remove it, they then will claim you're withdrawing your entire claim.

This happened to me.

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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