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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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Matt21ss

Total combined disability updated in Ebenefits, but claim still gathering evidence?

Question

   ***EDITED TO ADD RATED DISABILITIES******

I hadn't checked Ebenefits in a while because I became frustrated with the change in open claim status from gathering evidence to awaiting documents are past due.  I asked my VSO if there was anything I needed to do and he said that it wasn't at our end, but between C&P and VA. All medical records were uploaded by VSO and intent to file was sent within 12 months of retirement (20 years in Navy), so any backpay would be retro to NOV 2016.

     So I clicked on the Disabilities TAB, and to my surprise is says, "You have a 100% final degree of disability".

           -All of my rated disabilities had effective dates of 11/01/2016 (except the Not Service Connected).

       One had been deferred.........."trigger finger right, tenosynovitis thumb right and tenosynovitis index finger right"

 

      Before I update my profile on Hadit:

      - Since there are effective dates, do I assume this will be my final rating?

      - Since my claim is still open and gathering evidence (I assume from the one deferment) will this delay the closing of the claim?

     -  If the deferred item does not effect the overall total disability (don't think there is higher than 100%) would that delay payment or backpay?

     - Should I expect payments anytime soon or not expect anything till the deferred item is complete? Is backpay and disability withheld or initialized now since it is at 100%?

        I guess I am just looking for a timeline....something like, "Matt, don't even look at that anymore. You have like 2 years before anything hits your account." or "Yup, you should be seeing a payment by next month and backpay two weeks after that!!" (I like that one better!!)

   I think it is worse now that I looked at the damn disabilities tab.........I feel like I am assuming too much and am gonna be one of those Vets that stare at my email waiting for the "deposit posted" email.

   Here is a screenshot of what is listed on Ebenefits:

image.thumb.png.465057b8cd67b0e03f433b2c3eb620c5.png

 

      Thanks to all that respond and to all that are on here helping.  I hope my post helps others find answers as well

   

Edited by Matt21ss
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The defered issue Might hold up the award letter- then again might not as the rating might not impact the 100%.

Thank you for those LONG years of service to the great US of A.

One thing that might hold up the $$$ is CRDP- which is automatic- meaning VA contacts DFAS on that and does an audit. 

or you might be eligible instead for CRSC. Cant tell.

CRSC has to be applied for.

https://www.dfas.mil/retiredmilitary/disability/crdp.html

https://www.dfas.mil/retiredmilitary/disability/comparison.html

We have CRDP and CRSC vets here and more info available on this benefit via hadit search.

Edited by Berta

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Matt, I agree with Berta that it could delay and also could not delay an award letter but depending on the rest of your disabilities you could be eligible for a statutory SMC rating, 100+60%. If you one disability is rated at 100% and the rest of the SC Disabilities reach a 60% you reach another tier which is an SMC rating.  Not knowing the full range of what you are service connected for I cant say but stay strong and try to be patient. 

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Matt all the sc %'s that is in your screenshot on ebenefits,

Using VA Math

if I  counted/calculatedALLS.C.Conditions these correct , its a 94.047 rating and a combined rating of 90% anything less than 95% goes back to the 90% rate.

SO I'M NOT SURE WHY THEY HAVE YOU RATED AT 100%???

   That extra % to get to the 100% is hard to do some times for veterans, you will need additional 50% , so you may need to wait until some of these other conditions are rated..if you get the 50%  then  you will be or should be 100%

This is probably why they gave you those ratings  eh!  what you can do is look up the rating criteria for each of these disabilities and see if they have you rated correctly?  if not Appeal the decision on those ratings

 Another way for SMC is when a veteran has a 100% S.C. Disability  and then another seperate S.C. Condition rated 60% or higher  will meet the SMC Criteria

with these pending conditions and if they are combined enough you could possibly meet SMC Criteria  but keep in mind the SMC is given as the severity of the condition, if any keeps you from working or leaving your home.

If so check with SSA/disability  or Retirement if your age 62 or more.but check the SSDI for sure. 

 

 

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Correction and Apology

I think I missed 1- S.C. rating at 10%  if so yes then you are 100% combined rated. sorry bout that .

but being you are  now 100% then all these other pending condition should boost you up to at least 60%  if you just get a 10% rating for these that should boost you up to the 60% & Meeting the SMC Criteria   depending on the conditions you have and the severity.

If it does the rater as an obligation to infer the SMC

As I understand it when a Veteran is rated at the 100% rate and meets the SMC Criteria with another condition or combined ratings that meet the criteria  then that is a statutory rating  & is  mandatory for the SMCs

JMO

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The CRDP

Deductions from your Retired Pay (Normal Payment Method)

The normal method of paying for SBP coverage is by an automatic deduction from your retirement pay. The vast majority of retired members with SBP coverage pay through this means. It is implemented automatically if you elect SBP coverage at the time you retire.

Deductions from your CRSC Pay - Coming April 2018

Beginning with the Survivor Benefit Plan (SBP) premiums due in April of 2018, DFAS will start deducting SBP premiums from Combat-Related Special Compensation (CRSC) when retired pay is not sufficient to cover the full amount of the premiums. This new deduction is due to a change in the law which requires DFAS to deduct SBP premiums from CRSC.

This change affects retirees who receive CRSC and currently pay SBP premiums via direct remittance.

Retirees who currently have SBP premiums deducted from their Department of Veteran Affairs (VA) pay will not be affected.

This change will benefit retirees and their survivors by preventing a debt when a retiree forgets to pay the SBP premiums directly. When SBP premiums are not paid during a retiree’s lifetime, it creates a debt which must be repaid from the SBP annuity a survivor receives.

 

 Just my opinion

Depends on which one is paid the highest..if your CRDP is paid higher than the S.C. Disability's  you go with the retirement....but if it don't then they will deduct the over payment which you have been paid on your S.C. Disability's  after  the off-set and you will be getting the S.C. Disability Compensation  I don't think you can get both.

  but as I understand a Veteran can get both under special circumstance.

I am not sure what that is?

However I am not 100% sure on this...just my opinion.

 

Edited by Buck52

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  • Similar Content

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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      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..

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      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.  

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