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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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  • 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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brokj

Diagnosis Service connected 7 years Later

Question

Hey folks new here

I was Diagnosed with adjustment disorder with anxiety and depressed mood / occupational problem.

I tried to file for benefits IDK if I did before I got out. Someone told me to go to the VA and I did they told me to go see a private doctor and then apply.

I was broke within a month after I was discharged and never saw a doc for about 7 years.

I finialy hit a rock bottom so I applied anyway with 17 different Ebenfits Problems.

 

I also have not recieved a letter notifying me of the decision.

I recieved a letter saying I qualified for disabled va life insurance

I recieved a call from va health care welcoming me to va health care

 

Disability Rating Decision Related To Effective Date
drug abuse   Willful Misconduct    
         
phobic anxiety disorder unspecified also claimed as (nervousness, bipolar disorder, memory loss, and post traumatic stress disorder (PTSD)) 10% Service Connected   06/09/2017
eye condition, left eye   Not Service Connected    
sleep apnea   Not Service Connected    
non-specific digestive complaints   Not Service Connected    
alcohol abuse   Willful Misconduct    
right wrist condition   Not Service Connected    
back condition   Not Service Connected    
nutritional deficiency   Not Service Connected    

 

so After this Im Considering appealing For either more benefire or retro pay. since I dont remember If i filed for va compensation before i was discharged I know I spoke with the VA IDK how to find out if I did.

 

I also have A VSO who wouldnt answer an email from me but ID like to know if I could get any GI Bills I was give an GENERAL(UNder honorable conditions) discharge and donno if it could get upgraded.

 

Either way I never expected to get service connected years later im just learning about all this stuff now years later

 

       
 
Edited by brokj

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Welcome to hadit.    Based upon what you posted you were rated 10 percent for a phobic disorder, effective June, 2017, so you should have a few hundered in retro pay coming.  

Yes, after you get your decision, you probably need to consider appealing both the disability percentages, the denial of SC, and the effective datees.  

We can not help you remember whether you applied when you got out of service.  Did you get any documents?  Did you talk to a VSO?  Maybe he or she has a record.  You could try looking in your old documents to see if its there.  

Did you mention this to your spouse or family?  Maybe they can help.  

I noticed they listed alcohol abuse as "willful misconduct" (WM) .  Did you order a copy of your file?  WM is a determination made by your doctor AT THAT TIME.   The VA can not decide now that it was WM, unless there is evidence.  

Once you get your decision, you can remove your name and address and post it, and hadit members may help you in appealing.  You need to file a NOD within a year of the decision.  Dont wait, once you get the decision, if you dispute it, file a nod.  Its not that hard.  You fill out a form and send it in.  

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VSO's dont return calls.  None that I have ever met, at least.  Go to his office.  

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brokj 

Are you service connected and rated for any of the conditions you have?

if not  you either need to call the 1-800 # and ask about all the information you need....if its been 7 years ago  your Notice of Disagreement as run out.

If I was you I would gather up all your medical records VA AND PRIVATE and scat down to your local  VA Regional Office and ask to see a VSO

Take any information you have on this

The VSO can pull your C-FILE if its there?

and let them know all about what you just posted here on hadit.

 

If you have a E-BENEFITS INTERNET PREMIUM  ACCOUNT you can check that....if you don't I recommend you go to your R.O.

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''I recieved a letter saying I qualified for disabled va life insurance''

Take this letter with you  its a very important piece of information.

usually this letter means your either TDIU P&T or 100% P&T

 

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thanks for all the help folks,

I saw on E bennies the prep for notification go to decicion letter sent ? like 4 weeks ago nothing in the mail yet except the health/life insurance jargon

the ebenefits disabilites popped up with what i put above and a 10%

I recieved 3 months of 10% 133~  4 weeks ago

I have A stack of old paperwork documenting the day I entered to the day I was discharged.

I was in the navy still when I believe i created an E benefits Login. So i May have just looked into filing and decided not to, for some reason I thought you could only file once ever. So I think I decided to wait until I had more Medical Evidence.

My Family Currently is becoming educated about Veterans benefits through me.

 

I did mention Alcohol abuse was not service connected and was labled misconduct. This is funny as I was reporting that I had alcohol abuse today 7 years after my discharge. So my Drinking to "A good buzz" at 26 yrs old Every night is willful misconduct

"Once I get my Decicision".... is this the brown envelope everyone talks about? I have "not"  recieved a letter in the Mail stating their deciscio?n i or the percentage they came to. 

I watched Ebenefits for 3 months painfully but Strangely i feel like it went rather quickly Since The problem persisted for 7 years until I finialy said hell with the Doctors and filed on my own. went down to see a VSO he looked at me like i was Insane. He literaly said ""this claim will get denied" ,  then you can appeal it with more evidence after going to a doctor and getting a diagnosis"

The C&P Exam was Really Short I feel like I didnt get to anything in particular just grazed over my entire life it seemed like.

A therapist mentioned the Diagnosis is kinda an "Open Ended" one saying "its probably being left open for more input" the vets center therapist was not able to find anything about me getting service connected or the C&P exam.

this makes me believe I have a long road to go until I should rest my case against the VA

Updates Actions
06/12/2017 Compensation 09/26/2017
  • Attention: Development Letter Sent Development Letter Sent
  • Attention: Decision Notification Sent Decision Notification Sent

View Appeal Status

 

 

EDIT? 10/25/17

the Va chat bot told me they mailed the decicision letter a Month ago and to wait 10 business days for it to arrive. So they said they would send another letter.

Edited by brokj

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