Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts.
Donation BoxPlease donate to support the community.
We appreciate all donations!
Good afternoon. I am waiting on my supplemental claim results from the VA. Nothing has updated in e-Benefits and on va.gov it the status shows that the VA has made a decision (under the status tab) and under the issues tab it says "currently on review - compensation issue".
Has anyone seen this and know what it means?
I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards".
Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay?
Any help would be appreciated!
Improper handling of 1999 VA Compensation Claim
I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc...
I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union
VA Compensation Claim for Albert Dodd
Dated: 15 June, 1999
Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) **
VA Claim submitted on: 15 June 1999
VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA )
VA Form 21-526 Pg. 7
VA Form 21-526 Pg. 8
VA Form 21-526 Pg. 9
VA Form 21-526 Pg. 10
Authorization and Consent Included:
VA Form 21-4142 Pg. 1
VA Form 21-4142 Pg.2
** ( Notes of Interest ) **
Supporting Evidence Attachments:
1) Certified copy of DD 214
2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) **
3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) **
4) Copy of SMR's to support S/C Claim
** Physical Evaluation Board Decision **
All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999
**** Dept of Veterans Affairs New Orleans, LA ****
Intake of Evidence for VA Claim for Compensation for Albert Dodd
Dated: 18 June 1999
**** Timeline for Review of Evidence and Decision ****
June 18, 1999 VA Claim Received
June 25, 1999 VA Claim Reviewed
July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist )
Rating Decision Pg. 1
Rating Decision Pg. 2
Rating Decision Pg. 3
July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record
July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) **
**** Questions for CUE ****
1) Duty to assist **( Did not attempt to help get copies of Hospital stay )**
2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )**
3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )**
I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
I have a question...I was medically separated after 14 years of service in 2010 at 20% DOD and 60% VA. After 2 years of fighting I was bumped up to 90% and then after another couple of years I finally got to 100%. My question to you guys is if I were to go for my the extra 10% on the DOD so I can apply for medical retirement would it effect my VA compensation? could I get both a retirement check from the Navy and the VA every month? would I have to pay back any money? Thank you for all the help.
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Vync posted an answer to a question,I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
Buck52 posted an answer to a question,Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
Picked By66 bricks,
JKWilliamsSr posted a question in VA Disability Compensation Benefits Claims Research Forum,A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran.
One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea.
There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.
The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21.
It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve
M21-1 Precedent setting decisions .docx