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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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Alpenliter

Effective date questioned

Question

I was recently awarded 100% disability, and the effective date went back to when I first took a stress test to evaluate my heart problems, 12 months earlier.  My question is: while looking at my EKG, both my cardiologist and my primary care provider commented that it showed that I had a heart attack as far back as 2013.  Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"?  I don't want to appear greedy, or "rock the boat", but don't want to walk away from money on the table if it's there. Thanking you in advance for any help on this.

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 when did you file your claim? what date was that? they maybe going back to that date?... I smell a low -ball here...Do you know what date they said your EED WAS? And did they say why?

Yes , if I was you I would request they use that 5-10-2013 date as your EED,

medical records don't lie and I don't see how they can get out that one.

guard those medical records with your life...that could very well change your entire life.

and if you had any heart problems before that date  request that date if its on record?   if you have medical documentation  that's the best evidence you can get.

The more years they go back means ching chang ching chang all the way to the Bank.

if you get 4 years retro at 100% S.C. for the first time  no deductions...at around 3,100 month thats a big hunk   just 48 months would be round 148.800.00 retro Plus  more if you add dependents  (children. parent living with you)

I say go for it .

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Also since you were granted 100% for heart problems, if you have any more conditions that can be related to the heart..file secondary  to those conditions....if you can't work because of this 100% S.C. Disability you were just granted  then these secondary conditions after S.C. AND RATED could mean SMC S 1 H.B. (Special Monthly Compensation)for house bound in fact because you can't leave home for work.  that's another almost 347.00/ 400.00 $ with dependents added into your 100% comp.

& That's not being greedy thats taking care of you and your family , the SMC is for that reason.

you served and you deserve.

When you file your NOD Appeal...then submit these medical records and  check on those secondary conditions too  and if you have medical records to support  these conditions  request they give you those too.

Make copies of everything you send the VA and get a sign return receipts from the Post Office. and keep them in a safe place. you can use ebenefits but I recommend you do both.

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Thank you for your quick response Buck.  To answer your questions, I filed my claim for the heart ischemia in January of '17.  They went back to April of 2016, the date of my first stress test as the payment starting date.  I am already receiving the special monthly compensation with housebound benefits effective April 2016.  What method would be best for filing a claim?   Should I use the Notice of Disagreement form or go through my VOS?  Thanks for the tips on sending the forms.  

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Are you an incountry Vietnam vet?

If so did you ever file a past claim for any heart disease?

It seems you didnt- because you had no idea you had heart disease.

"Should I file an appeal as to the effective date using the EKG that clearly states " Inferior infarct (cited on or before 10-May-2013)"? That is a clear indication of some malpractice - if this was done at the VA...

Under Nehmer Footnote one my dead husband ( who died due to ischemic heart disease )- (I had already proven to VA his death was caused by VA malpractice) died in 1994- the  EED of my AO IHD Nehmer  claim went back to 1988- when he too had an EKG that was abnormal  and  revealed he had had that same day a heart attack while at work-at the VA.

They gave him a diagnosis of sinus infection and three days off from work, and he seemed to be in a daze...and started showing symptoms of brain ischemia soon after that , that his autopsy revealed were many  Transcient ischemic brain events until he had a major Stroke.. and then a fatal ischemic heart attack.

You might have the basis for a Section 1151 claim.might-

Did the VA give you any treatment at all after the 2013 cardiac event?

On that day or close to it, were you ever in the VA ER for chest pains or anything?

As Buck said"Yes , if I was you I would request they use that 5-10-2013 date as your EED,

medical records don't lie and I don't see how they can get out that one."

Believe me they will try!

Do you have copies of ALL of your VA medical records?

 

 

 

 

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Ms Berta do you think he has enough evidence to file the 1151?

he is rated at 100% with SMC H.B. 1. Already..not sure when he got theSMC?

But he just was Awarded the 100% 2017  but  they went back to 2016 for EED.

I believe he can get that back to that May 10th 2013 date when the Dr's (two cardiologist mentions he has shown to have a heart attact back then and has the medical records for evidence.

I am not sure how he would go about filing the 1151? you can let him know how to file on that one..I'm not familiar with the 1151 claims at all....but he could NOD that EED Date.

if he was just granted the 100% in 2017 he still has time but really needs to speed it up.

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  • Similar Content

    • By hemipepsis5p
      Hi everyone! 

      So I have bipolar disorder, and I've made massive progress in my wellbeing in the last 6 months from diet/exercise and tons of self-help books and a Bipolar Life Skills program. Anyway, I feel great, and have for months and months now, and I feel like I'm ready to go back to school and finish my degree (in psychology) and try to get higher education so I can help other Veterans out of depression (I want to be a psychologist, the Psy.D route).
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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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      Hopefully, I get good news.
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      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".  

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