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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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 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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  • VA Watchdog

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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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Tbird

VA Math

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A short video from LegalHelpForVeterans to help your understand your rating.

 

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  • Similar Content

    • By Goonie
      I've also posted this over at PEB forums and I'd really like to get a clear answer because I think understanding what they mean in how this is written will be very helpful. 
      So this is reproduced verbatim in text and format from a 2012 decision letter based on only my service records. In the heading, it says "(to include claim of neck condition...)," does that mean the neck condition could be rated at some % but they combined it or subsumed it with fibromyalgia to raise that rating to 40% and avoid pyramiding? 
      What about the things listed under "Additional symptom(s) include:"? Were the combined somehow or are they just noting other symptoms? 
      Thank you in advance! 
    • By WomanMarine
      I am a Vietnam era vet. I was stationed @ MCAS El Toro in 1974 and recently found out that not only was I exposed to Agent Orange, but many other toxic chemicals: 
      It is now all starting to hit me and I am not even Medicare age yet! 😟
      I was recently enrolled in Voc Rehab and because my primary would not correspond with them on what they were providing me, they closed my case. I have a pending case for Aid and Attendance that was just decided this week; but it was also suppose to include my drop foot and there was no examination.
      AND can someone please tell me what I am rated? When VR sent out an Industrial Psychologist to my place on the report different rating than what is listed on eBenefits. I am being paid @ the 100% TDIU rate.
      In the VR report it was suggested that I needed Aid and Attendence as well as a housekeeper. How is that paid?
      Thanks all for the help!


    • By fourstubbs
      First of all, thank you for being here to help us!  My husband is Retired Army and disabled.  He put in a request for an increase for his knee.  He went through the process and we're waiting on an official letter.  On his ebenefits page, his rating is still at 90 percent, and it says the case is closed.  He added it all up and comes up with 90%.  The weird thing is that we have a deposit in our account of what we consider to be back pay for him if he was awarded his 100%.  We've been over and over with the VA math and are still coming up at 90%.  Can someone help us?  Thank you in advance!  
      Here are his numbers:
      50
      (30) left knee
      (30) right knee  
      20
      10
      10
      10
      10
      10
      10 
      10 Bilateral Factor
      We are just super confused.  We will save that money in a different account just in case though!  THANKS!
    • By rwskitch
      ...Good morning brothers and sisters simple question, any of you know of accountants familiar with calculating retro pay to verify Regional Office calculations for retro back pay owed to a veteran with several disabilities in the equation in the Pinellas County, Florida area ???
    • By Hamslice
      So my claim came back service connected but with a big fat 0% rating.
      We'll all is not bad.
      I was at a raw score of 80 needing a new 30% rating to get to 90%,
      But, now with my new 0 for my left foot, my right foot service connected at 10% is considered bilateral and goes to the top of the calculation with my shoudlers and elbow.
      So my new raw score is 81 with only a new 20% rating to get me to 90%.
      84 vs 85....
      Fun with math,
      Hamslice
       
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    • 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.?
      • 6 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
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
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