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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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lawrencebe

NOD Still Processing after 5 years?!

Question

Posted in a different forum but I’ll bring this here as it’s more appropriate. 

Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame.

My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done.

The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013.

A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind.

So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin. 

Thanks for all the help and advice in advance!

 

 

Edited by lawrencebe

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Great start, keep them coming.

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Update; 6/23/2019

 

My appeal is still going through and I had to retake my psychological exam. One thing you guys need to make sure you do, if you’re claiming some kind of “adjustment disorder”, if it’s not debilitating and causing you to be unemployable, is to clarify that clearly and concisely. 

What does that mean?

In your psych evaluation make sure that your statements aren’t going to mess up you nexus. For me I had anxiety that brought on paranoia, when I had my first set of attacks. If your psych hears that they will almost automatically mark you down as having psychosis. You need to be clear and make sure that when you’re explaining the type of paranoia you had, it’s in the realm of “I walked past a group of people and they laughed and I felt as though they were laughing at me cause (insert reason)” so your psych will know it’s not you being schizophrenic.

Delusions, hallucionations, , talking to yourself, isolating, hearing voices, paranoia, etc etc, if not stated clearly, will almost trigger a 100% rating because they’re symptoms of psychotic behaviors. You must be clear and make sure that you explain, if your claiming depression or anxiety, that your initial onset and thereafter on triggered brought/will bring those type of stressors on.

I have another appointment 6/29/2019 so I will be updating after that as well. 

Stay strong my friends..

Edited by lawrencebe

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The above is some good information by lawrencebe.

 

Also herei s some more interesting information mostly for PTSD.

It's a good read. hadit member Geekysquid may find it  very useful.

https://vaellc.com/advice/three-ptsd-tests-one-veterans-opinion/

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Update 6/30/2019

 

Made it to my appointments yesterday for razor bumps,  back, knees, and ankles. Luckily I had the EXACT SAME examiner from last year who remembered me. While I understand updating about appointments isn’t exciting I want to point this out to those who will be reading this later.

IF YOU ARE APPEALING YOUR DECISIONS MAKE SURE EVERY SINGLE CLAIM THAT WAS DENIED IS ON THAT APPEAL. 

What do I mean?

If you were denied for certain parts of your claim, and you choose to appeal (I suggest you research other options before appealing), please ensure you have everything on that appeal form that was denied. When I mean everything I mean everything. 

Let me tell you why...

My appointment yesterday was literally done for a second time because my VSO failed to properly fill out my paperwork. He only put 5 out of my 10 claims on appeal. My decision that was won earlier this month took 6 years because of incompetence on that VSO and my ignorance not researching what to do on my own. I was also screwed out of an earlier effective date because 5 of my claims were a “Reopen” instead of being on appeal. 

While winning is great I want you to calculate, let say, $440x81. That’s a lot of money right? 

Your back pay is the major reason why double checking your paperwork is important. I lost possibly over $25K due to inaccuracies in paperwork and fighting what you signed in a legal document, in the form of a CUE claim, will be next to impossible. The VA will overturn errors on their end but things you fail to do, like filing the wrong paperwork or not paying attention to what is written on/in that paperwork that you turn in or someone else does for you, does NOT qualify as Clear and Unmistakable Errors. 

 

Until next time...

peace

Edited by lawrencebe
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