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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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porgee

? about TDIU

Question

if SSDI allow you to make 12 grand a year and also the new law in one

state makes anyone getting SSI  get a job in order the get their checks 700. per month

I f I do all my work around my house in  like painting, cutting grass . Than I am 

a no go vet is that correct. I could care less what VA do film me. Their is somethings that

members should be allowed to talk about, maybe adding more forums. If I paint my son house 

for cash money $1000.00 inside work will I tell my Doctors or VA about this.?????? No none of their business

if they don't ask don't tell. Its not about giving bad advice it about true facts its life it happens everyday 

Than I am a dishonest vet. I cook in my yard every weekend and people come by and ask to buy some of my 

food is this dishonest??? . Don't get mad now just asking a ?

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@porgee you can do what you want and I am not judging you. You are welcome to post that advice on your Facebook, but not here.You have to report income to the IRS for tax purposes, even if it's cash. SSA will check your tax records and flag you for a review if they see income. If you are IU Veterans Affairs will cross check those records.

The law does not state don't ask, don't tell and it doesn't state everyone is doing it so your fine. We don't support discussions that can be construed as advice that would be against the law and I stand by that.

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I agree with Tbird.  You do what you want, Porgee.   Just because you "may" be able to escape prosecution by dealing with cash only, does not mean its a good idea to advise others to try the same.  

Incredibly, because of Earned income Credit, its possible you can actually "make" money by reporting this cash as income, and get credit for it from social security work credits.  

Many people fail to report earned income to the IRS, and "cut their own throats".  Its because of EIC (Earned income credit).  Let me give an example:

Lets say you have one child and you are eligible for EIC.  Most people are that have a child in the home and dont earn much money are eligible for EIC, check with your tax person to see if that applies to you.   

So, lets say you earned 6000 in a year, cutting grass, painting your neighbors garage, and helping your neighbor fix his car.  

If you file taxes, you could get EIC refund of over 2000 dollars!!!  So you are much better off to report this 

income and get your 2000 EIC.  You should not mess up your VA, either, just tell them about the 6000 you made cutting grass and painting garages.  6000 per year is not considered "substantial gainful employment", and its okay for you to earn this and still get tdiu.  

Source:  Earned Income credit tables:

https://apps.irs.gov/app/vita/content/globalmedia/earned_income_credit_table_1040i.pdf

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I not trying to tell anyone nothing I ask a question that's all. one more ? on this

Is disability income tax free income or not??. I never knew I had to file disability

income because you are not paying any taxes right?. I have not file taxes in 15 years

H&R BLOCK told me I didn't have to file taxes 15 years ago because I pay no taxes my income 

is disability. Is this correct or not anybody. I have no eic or dependents. Property tax free

tags free, what can I file?. I mean no harm

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VA compensation is all tax free.  My accountant told me not to put it on my tax return(s).  I have taken his advice.  The taxes on social security is more complicated, it depends on how much you earn if its taxable or not.  Ask your tax man if yours would be.  

You dont HAVE to file taxes, but you CAN file taxes, especially if it means you get money back from Earned Income Credit.  

The IRS is happy if you DONT claim The EIC (Earned Income Credit), but if you do file and claim it, you can get a refund even if you did not pay any taxes, IF you qualify for EIC.  Ask your tax man if you report the x dollars in cash you earned if you can get an EIC refund.  Many people do.  

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Porg, about 5 or 6 yrs ago there was an IU Vet posting, I believe here on Hadit, regarding his Self-Employment Income problems that had arisen after recently filing for Divorce. You know what they say about the Wrath of an X, right.

Turns out his couple year IU Award was based on his reported Marginal Income of about $60K +/-, substantially reduced due to his SC's from his historical $150K++. His X described in the Divorce Papers how he was fudging the Income Numbers both to the IRS and the VA, in an attempt to support her Alimony and Child Support Demands. The Family Court Judge believed her evidence, Awarding her everything she had asked for.

Her efforts worked so well, somehow the Income Evidence was made available to the VA and the IRS. At some point after the Vet Appealed to the BVA regarding his IU Reduction, the X recanted her Testimony after realizing her loss of the Chapter 35 Benefits as well as the Kids CHAMPVA Medical and college benefits.  The BVA wasn't buying it. Too Little, Too Late, the Vet, the X and the kids all lost the IU Bennies. He never mentioned how bad the IRS spanked him.

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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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