I'm new to this forum, and new to applying for VA disability.

[BlazeP]

Hello All,

I'm new to this forum, and new to applying for VA disability. I had issues trying to register and log in, (ie: after signing up, confirming email,  Hadit error message stated email/password not in system, even though I had it saved by auto-log in. When I tried another approach by signing up again, the error stated, "email/password used by another member" Ultimate Catch 22). Anyway, I'm really not wanting to do this, so any complications, frustrations, hassles, problems... is enough for me to quit before I even start. What has helped me, is a line from a veteran who posted a reply in regards to another vet. being denied... " Persistence, and Patients" where the two words that inspired me. So with that in mind, I'm testing the waters.

 

I would like to have some conversations with other fellow vets so I don't feel like an island out in a sea of unfamiliarity.

 

Not for years, but for decades, friends and therapist have said I need to file a claim with the VA. I have multiple issues, mental, emotional, physical. Even though I haven't heard confirmation, I'm sure in my heart, I'm not the only veteran who has struggled with legitimate trauma, and physical injury that has affected their quality of life, employment, relationships..., and the reluctance to have it validated due to stigma of being labeled weak. You're suppose to be a tough soldier, suck it up, keep it to yourself...  I've been doing that, like I said for decades, it isn't working for me anymore, (never really did). I'm usually the strong one, the friend everyone comes to for help, solutions, positive support... I'm hoping I've earned some karmic points, and can for once ask for help and support.

 

Thanks for reading my first and hopefully not my last post.

 

PS: not sure how this forum works once I post, do I get a email notification of replies, or do I need to periodically check my thread? If I do, how do I find this post/thread again?

[broncovet]

Welcome to hadit.  Like yourself, I delayed filing for VA benefits for at least 10 years.  That was in 2002.  

I have finally been awarded my 100 percent (in 2009, seven years later), but only after filing a writ of mandamus to the court, asking the court to require VA to adjuticate some issues they never bothered with, like TDIU.  

It was worth the persistence and patience.  Never give up.  VA employees will lie to you, and sometimes even in writing.  

Im currently still fighting VA..for an earlier effective date.  They decided to give me 2004 for my effective date, and I allege it should be 2002, when I first applied.  I am currently represented by a well known law firm.  I wont pay anything if I lose, of course, and even when I win, its likely the EAJA will pay my attorney fees.  

I also have another appeal for SMC S Housebound.  VA convoluted the rules of this to mean that, if you show up for a c and p exam, they deny you because your cant be housbound and show up in the hospital.  However, the real rules (passed by congress) is that "housebound" (SMC S) is for Veterans who cant leave their home  to earn an income, not for Vets who cant leave the home at all.  By leaving out "to earn an income", the VA obfuscated the regulation to deny many more Veterans, including me. 

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[Buck52]

broncovet

Are you meaning the Howell  Rule?  that was not decided was it? or did VA Change this Rule and what year?

I too was awarded TDIU P&T back in 2002  CFR4.85 (b)   4.86(a)OF THE RATINGS CHART FOR IMPAIRED HEARING LOSS...but was never inferred the SMC House Bound in-fact  38 U.S.C.1114,(s) back then, although the VA does say a TDIU Veteran gets the 100% scheduler via extra scheduler  at 90%combined   it means that a TDIU P&T Veteran is 100%,  Although I never know this  when I was Awarded 70% for PTSD Some 14 years later ,   and they said I was 100% and with the  70% they inferred the SMC S H.B.

 

Well off to the VA for another Interesting Day!!  whoop whoop Woopi

 

 

[broncovet]

Howell just pointed out how VA was not rating Veterans for housebound, the way that "congress intended".  

A justice on the supreme court was quoted as saying that they tried to determine "congress intent" with the law..and, when they could do that, that was the end of the matter.  

And Howell exposed the VA fraud by requiring a much higher criteria than "congress intended".  

If you look closely at the M21Mr, you will see that the VA has incorported Howell into the rating criteria, tho they still watered it down, a bunch.  

Congress intended for SMC S to be paid to Veterans who were unable to leave their home to earn an income, not for Vets who cant leave the home at all.  VA raters (misinterpreted) this to mean that if a Vet can show up for a c and p exam, he is obviously not housebound.  This is not the defination of "housebound"..the intent of congress is to provide additioanal compensation to Veterans who can not leave their home to earn an income.  It does not say anyting about medical appointments,  If we are not earning an income, then we are not leaving the house to earn an income.  

Yes, Howell has been decided, and its a precedential decision.  My case, however, has not yet been decided.  I expect a decision by Spring, and maybe sooner.