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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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bm6546

Approved Today For Ssdi !

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Got my "NOTICE OF AWARD" letter today for SSDI. Applied 5 months ago and won on the first try. I am so happy. This is a big relief off my shoulders. They say I will get a check for my retro on Jan 5, 2007.

My claim with the VA is currently at "Ratings". I have no idea how long it will be there. Should I wait for a decision to see if I get SC for my heart or should I contact my SO and submit my Award letter now.

Also could anyone tell me when I will get Medicare? Is it 2 years from when I became disabled on Jan 25, 2006 or is it 2 years from my entitlement on July 2006?

Any help would be appreciated.

Thanks, Brian

PS I am learning so much from hadit.com and I want to thank everyone for all the different topics and all the information that I read every day. YOU GUYS ARE ALL GREAT!!!! Thank you very much

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If you heart condition is service connected send in the award letter and also notify the VA you want them to request your records from the SSA. If you can somehow get the records yourself and submit them to the VA I would do that since it takes the VA a long time for them to request and obtain these SSA records. I would be careful to see that everything in the SSA records granting your award is also VA service connected so the VA can not try and blame your disability on non-service connected issues. Your SSA records of an award for disability are very important evidence to support a 100% rating or an IU rating. Even if it take a little longer you want to be sure this SSA evidence of disability is before the VA before they make their decision. If you can hand carry the evidence to the VA pronto I would at least take the award letter to them and get a date stamped copy.

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"Is it 2 years from when I became disabled on Jan 25, 2006 or is it 2 years from my entitlement on July 2006?"

Two years from your entitlement date, award date, whatever..............errr........ah.....I think.

Heck, it's been so long since I got mine, I really, really don't remember.

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2 years starting from the retro date of award.

CONGRATS !!!

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Congrats on your award. Good Luck on VA!

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    • 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
    • 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.?
      • 7 replies
    • 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?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • 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.

      ...................Buck
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