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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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LT Haylo

Success 80%

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I thought I should finally share my story... I separated from the Navy in June of 2014. I started my first VA claim as a quick start ( I was still active duty) claim but it was anything but quick. I went through a rep at MCRD in San Diego who helped people separating the military file initial claims. I claimed/filed for migraines, TMJ, neck scar, lower back pain and shooting pains down left and right leg. I submitted copies of my AD medical records and went to all my CP exams. After waiting close to a year, I got my BBE that contained my claim award that I very much needed and expected a good outcome. I got a big fat 0%. Migraines- 0%, scar- 0%, Tmj 0% and denied completely on my lower back pain condition and shooting pains down left/right leg. I was so angered by my outcome that I lost all faith in the VA and threw my BBE in a drawer and decided to forget the VA and move on with my life.

 

Fast forward to two years later something got me fired up again about the process/original outcome I received from the VA. I began to do my homework and stumbled across this site. The stories I read gave me hope and personal insight into others who had filed for the same conditions I did. I got smart and marched straight into the San Diego Regional office and joined a Veteran's Organization. I personally went with AMVETS as they were the first group to reach out to me and I like what the rep had to say. I could tell he was really there to help me with my claim. I filed for increases on Migraines, scar and TMJ. I also started a new claim for my lower back pain and shooting pains down left/right leg since I was past the one year mark to file an appeal. We also filed new claims for depression/anxiety, acne and tinnitus. I gave him all my medical records from AD and my separation physical that was missing from my original claim. To better my claim outcome my VO suggested I get DBQs filled out by my personal doctor and dentist for my Migraines and TMJ. I once again attended all CP exams the VA requested. My outcome this time was a small victory. I received: Migraines- 0%, Scar- 10% and TMJ 10% conditions for acne and my back had been deferred. From doing my homework I knew I was being low balled on my migraines and TMJ. My rep filed for a reconsideration on my Migraines and TMJ and resubmitted the DBQs from my personal doctors that had been overlooked by the VA ( they only considered the cp exam results).

 

I then went for my next round of CP exams for my acne and lower back condition. My new rating came shortly after:

 

Migraines: 50%

TMJ- 20%

Neck Scar- 10%

Lower Back Pain- 10%

Sciatica Left Leg- 20%

Sciatica Right Leg- 10%

Acne- 0%

Allergic Rhintis- 0%

Depression/Anxiety- Denied because doctor had stated it "resolved" in service. 

Tinnitus- Denied 

Combined Rating- 80%

 

Without the help of Hadit.com I would have never been able to go through this process again and get this outcome! I went from 0% to 80% within 6 months. I'm so thankful to everyone who has posted here and I'm hoping I can help out another Vet by contributing! My fight with the VA is not over! I'm beginning the process to file a CUE claim on my lower back pain and left/right shooting pains down leg to get my effective date pushed back to my separation date. The VA originally denied my back claim stating that there was no medical evidence in my file. They were wrong. Best wishes to everyone and keep fighting!!! 

 

 

 

 

 

 

 

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@LT Haylo Thank you so much for sharing this success story with us. I'm glad we were there for you. Stories like yours are important for others to read so they can be encouraged by your success and appreciated for the dedication they've shown to their brothers and sisters.

Everyone on the forum is a volunteer. 

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Yes, this is truly a very inspirational posts and as you said, you got Smart! and you have done very well so far.

Are you still employed? if not have you applied for TDIU?

"I'm beginning the process to file a CUE claim on my lower back pain and left/right shooting pains down leg to get my effective date pushed back to my separation date. The VA originally denied my back claim stating that there was no medical evidence in my file. They were wrong. Best wishes to everyone and keep fighting!!!" 

Did you file that claim within one year after your discharge?

Lots of CUE info in our CUE forum and you sound very willing to read much of it.

And that sure sounds like a viable CUE to me......because they ultimately granted:

"Lower Back Pain- 10%

Sciatica Left Leg- 20%

Sciatica Right Leg- 10%"

"I went from 0% to 80% within 6 months"  Yippee for you and no soup for them.:rolleyes:

 

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Thank you TBird and Berta for the nice replies!!

Berta- To answer your question, yes I'm currently still working. I'm not ready to file for TDIU. I've worked extremely hard for my career and I'm very passionate for it. If in the future I feel like it's necessary for me to apply for TDIU I will without hesitation. Thank you again for the very sweet message! 

Wish me luck tomorrow as I will be meeting with my VO to start my CUE claim! I will do my best to keep a timeline etc... To share with others! 

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LT that's great news. Couple questions for you.

Is your hearing normal? I see it's easier to get the tinnitus with some hearing loss even at a 0% sc hearing loss. Though it's very possible to get alone.

Are you being treated for anxiety and depression right now or have you since you got out?

Make sure you definitely appeal the tinnitus and I would appeal the depression/anxiety as well to give you time to gather more evidence.

 

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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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      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.  

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      8.  The board awarded my earlier effective date in Feb. 2020.  

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