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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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WifeOfUSMCVet

No Service Medical Records due to Medic Passing in Combat

Question

My husband was in service from 1999-2003. He did two tours to Iraq. He received 3 TBI's while in Combat, but no records were made of the incidents due to the Medic with them being killed. Is there any way to prove that his TBI's were service connected even though there are no actual records? I've found a friend of his that was in combat with him that is willing to write a buddy statement. I've also seen where the Veteran can write a statement themselves which makes it Service Connected. What can I do. He has 70 IU, but they never gave him his back pay for this because they didn't raise his rating. Also, I know they do reviews and I've read that you need to file for every Service Connected disability just in case they lower another rating at the review. I've read through his VA medical records and there's a few places where it shows he has a TBI....Some say Combat related with his story and one doesn't, but has no story with it. HELP! 

Edited by WifeOfUSMCVet
date was wrong

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Wife,

From what I read, you state your husband is 70% IU, which means he is being paid at the 100% rate.  Is he P&T?.  What are his individual ratings and for what.  What exactly are you after?

As far as being service connected for a TBI (one is enough, more don't matter), yes a buddy statement will help as well as his statement.  If nothing else, file for the TBI now and worry about the early date later, just in case you don't get it, you have the current date.  File a claim.

I would think his unit (attached medical unit) would have anything the medic would have had.  I can't beleive he kept all his records on his person at all times.  Did your husband recieve 3 TBI's on the same day the medic got killed, if you catch my drift.  I would check with his unit, and the medical unit that was attached to it.  In writting.  I actually contacted my Senator and had him to a request for my medical records which I could not get on my own.  It worked for me.

Also, yes, file for everything that occurred while he was in service and in addtion, file for any new conditions that can be attributed to his current service connected disabilities, secondary to the current ailment.  Secondaries are easier as you only need to prove the original condition caused the new condition.  You don't have to prove it occurred while in service, etc.

Good luck,

Hamslice

 

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Hamslice,

He is rated 50% for PTSD, 10% Tinnitus, 30% migraines. He is not P&T and that's what I'm trying to get. They denied the TB I claim we recently did when we did IU. They said there was no record of a TBI, but I uploaded all the supporting medical records for TBI, even highlighted the info for them. 

 

I will see if I can check with his unit. I'm not really sure how to do that and I hate asking him. All of this stuff really stresses him and his PTSD becomes worse. He told me I could do it if I want, but we do need it. We have 6 kids.....4 will be in college in a few years.

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A TBI itself is not service connectable, the residuals from the TBI are....

with a buddy statement and with the suggestions Hanslice made, and any documented residuals in his medical records, he might have a good chance of succeeding, as there would be no other etiology for the residuals but for a TBI incident in service.

The buddy would have to be in the same unit, same time and place,of your husband , and give an eye witness account of any incident that could have caused the TBI(s) and give VA their contact info .

TBI residuals and rating criteria are found in our TBI forum under a search.

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Your husband received no medical treatment at a hospital or medial unit other than from a medic?  Even my crappy Vietnam medical information was recorded in unit medical system.

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On 9/28/2017 at 2:32 PM, WifeOfUSMCVet said:

 I've read through his VA medical records and there's a few places where it shows he has a TBI....Some say Combat related with his story and one doesn't, but has no story with it. HELP! 

Should be a slam dunk.

Ham had some questions on what's the 70% about.

Also, for combat injuries, all it takes is his word, IIRC. - Pretty sure about his.

Didn't have TBI pre- deployment- Has it after deployment.

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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...
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      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

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      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

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