Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • 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
  • Advertisemnt

  • 0
Sign in to follow this  
Axilleas

Disability claim granted questions

Question

Hey everyone,

love the sense of community and support here, long time reader first time contributor...Anyway, just another OIF marine veteran from the mid 2000s here with a few questions. I initially filed a claim in 2010 - was awarded 80% in 2011/2012 and filed an appeal shortly thereafter for tdiu. I was awarded ssdi and have had continual treatment from the va for ptsd, tbi and lower back injury. I was denied initially, filed a nod and hired an attorney. Seven years later my claim seems to have been diversified, my appeal for an increase in rating has been sent to the board (vets.gov shows this as an “open” issue) and beneath that under “closed” issue my appeal for tdiu says GRANTED. When I called the va to ask for more info the rep confirmed a DRO had approved it August 18, 2018 and that it was awaiting final signatures for the paperwork and benefit to be dispersed. My question to you all is does this seem about right? That the DRO granted tdiu while a p&t appeal was pending board review? It’s been over two months since the DRO approved it, how much longer do you think it’ll take to conclude? I saw that awards over 100k need to be authorized by the central office, is this a likely cause in delay? What are some average times between DRO granted benefits and benefits received? Lastly, this has been seven long years and my heart dropped seeing this update, I know anything can get screwed up in the government but would I be foolish to think it’s incoming? My life following Iraq and the things we did to those people had been a nightmare burdened with grief and guilt. While I’m working towards a whole life, the stress of financial burden alleviated would be a great supplement to focus on my recovery without needless strains. I really want this to be true!! Thank you all for your help!

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

If you gave VA your direct deposit info- it might be good idea to check your bank statement- from time to time.....

often retro checks come  or get deposited in banks, before the actual decision.

then again, we have no idea how long anything will take these days.

And by all means, if they send an audit with the retro go over it carefully to be sure it is right.

 

Share this post


Link to post
Share on other sites
  • 0

I recently had a C&P back exam and while going over my medical records the physician saw there were to incidents involving my back. One was during service in 1994 and the other was related to a car accident in 2011. When they took x-rays, degenerative arthritis was diagnosed. I was granted four claims that involved degenerative arthritis for my shoulders and both ankles back in 2010. My question is will VA likely deny my back due to the last incident was the car accident or will they rate it as degenerative joint disease with limited range of motion? 

Share this post


Link to post
Share on other sites
  • 0

We cant really speculate if its "true" or not, we can really only guess until you get the envelope.  What did your attorney say?  If he has given you the green light, he obviously knows much more about your case than we do.  

You should find out soon.  In the interim, I suggest you find/work on a hobby.  Visit your grandkids.  Figure out what you are going to do with the retro.  Play chess.  Carve wood.  Exercise.  Deepen your relationship with your wife.  Go to church.  Go fishing.  Your choice.  You get the idea.  "A watched pot never boils".  

Share this post


Link to post
Share on other sites
  • 0

My attorney is really not pulling his wait here. Aside from initially checking his citrix(spelling?) and telling me he saw a full grant, I can’t say he’s done much. I got him way back because I thought the va would take me more seriously and that if If it came down to a board review he’d be able to litigate and advocate much better for a full award. Anyway, I appreciate everyone help here! Like I said when I called the va hotline the rep told me a DRO approved it (tdiu) on aug 13, over two months ago. Not sure why a final signature or two needs more than two months, or is that a normal wait? Also, I was awarded 80% sometime in 2012. I appealed and was vetoed before I put the appeal in (was stated as an appeal in 2014) ...seeing as the Vet.gov site lists my tdiu as a closed issue with 100% granted for the 2014 claim, the backpay should theoretically go back to when I first disagreed right? They paid my 80% to the time I got out, what are the chances they’ll go back to the same time for this round of retro? Thank you all so much!!!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By RF-4Cmike
      My appeal for PTSD was "Remanded".
    • By Jash
      I’ve done the VA claim-bit on my own. I don’t  know if this is a mistake or not. 
      I went to a c&p exam recently. I left somewhat confused. I never had a doctor tell me directly that she was recommending an increase as well as IU. She said though it was ultimately up to the rater. I don’t have her report because 30 days has not passed. I was at 50% for ptsd and 10% hearing loss. During the appointment the c&p doctor quoted a couple other reports where VA doctors I’ve seen at various clinics said that I had “long term, chronic and severe...” (Don’t want to get into the what). I find myself now obsessing if: 
      1. The c&p dr was lying to about her recommendations; 
      2. The c&p dr was telling the truth about the recommendations;
      3. The rater will decrease my %
      4. The rater will increase my%
      Ultimately it boils down to: How much weight does the rater put into the C&P dr recommendations? Could I really get IU if that dr did actually recommend it? what are the chances?  The IU could help a lot, I’ve not been able to work much the past few years. 
    • By Vync
      Did the VA make the same CUE twice? Please offer your opinion.
      In my CUE, I asserted the VA failed to apply:
      38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion)  
      Here is the rating decision denying CUE:
      The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating)
      Again, the VA failed to apply:
      38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Do you agree that the VA again failed to apply these laws?
      Should I have been granted a 20% rating?
       
      I wanted to ask about something else I am considering adding. In Nov 1997, I had a C&P exam which was lost, but I later found it in my claims file. It is never mentioned - ever. What's great is in the second C&P exam, the doctor stated material from the first exam was "misplaced".
      Key factors:
      1. C&P examiner stated (in exam #2) that this material from exam #1 was misplaced (that's a CUE just by itself)
      2. Dictionary definition of "midway" is "halfway"
      3. Simple math: 35 mm divided by .5 (half) is 17.5 mm.
      4. The DeLuca factors would confirm limited motion began at 17.5 mm.
      Would a reasonable person to come to the conclusion that limited motion began at 17.5 mm?
      Or would this be considered weighing of the evidence? I tend to disagree because this evidence was never weighed by the VA. Also, my interpretation uses objective facts (35 mm, midway meaning halfway, and common math). There is no attempt to weigh evidence.
       
      Thoughts?
       
       
    • By baezivy
      Hello everyone. I filed an appeal this past October 28th. Since the appeals process has changed and I am new to this, has anyone appealed a denied decision or a low rating recently and has received a decision on the appeal? If so, how long did it take to get a decision from the date you filed? I am just wondering how long the appeal takes. My claim was pretty quick, it took about 3 months which wasn't bad. Thank you all.
    • By Ralph1950
      I have recently learned that I my be eligible for a grant from "Monetary Trust Fund", would this cause issues with my TDIU?
  • Ads

  • Our picks

    • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines