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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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    • Howdy all,

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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
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radsaddad

Need help getting the VA to recognize my service-connected disability.

Question

I was in the USMC, I was discharged 11 Oct 2017. My separation code on my DD-214 says JFV1 which is for a condition not a disability. 
Fast forward to after I get back home from where I was stationed, and I went to the VA. My local VA granted me 60% disability and sent me a letter where it clearly states that this is a service related disability.  I receive monthly disability for that same condition I was discharged over. That is the only thing I receive any disability for and it was my reason for discharge. I was also placed in priority group 1 for VA Health Care as a result.

Now that I'm applying for post 9/11 benefits, the VA is saying I'm only eligible for 50% due to my time in service and separation code on my DD-214 saying I wasn't discharged due to a disability. You're only eligible for 100% if your discharged for a disability.
My question is since the VA has determined that my condition is in fact service connected, that same condition being what caused me to be discharged, is it possible to get my separation code on my DD-214 changed to reflect it being a service connected disability that way I can receive the full 100%? 

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You posted:

Quote

the VA is saying I'm only eligible for 50% due to my time in service and separation code on my DD-214 saying I wasn't discharged due to a disability.

Tatoo this on your arm if you need to remember it:

Quote

You cant trust everything a VA employee tells you.  

This is one.   You have apparently had enough "time in service" to qualify for disability benefits.  You dont have to be discharged due to a disability. Here is what you do need, the 3 Caluza elements:

1.  Current diagnosis 

2.  In service event or aggravation.  

3.  Nexus or doc statment that your current diagnosis is at least as likely as not due to an in service event. 

      Now, there are 3 ways for you to get a higher rating:

 

1.  Apply for an increase if your existing disabiliities have worsened. 

2.  Apply for a new disability or disabilities if:

     a.  You have disabilities caused by service you have not yet applied for. or

     b . One of your existing disabilities caused another disability.  (secondary disability).  YOu will need a doctor to state this.  

3.  If you are unemployable and are not working due to sc condions, you can apply for tdiu.  (paid at the 100 percent rate).  You will need a doctors statment that your sc disabilities prevent substantial gainful employment.  

     The sooner you apply, the better.  You can apply online, by mail, or get a VSO to help you.  Apply on the correct form.  

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What do you mean by "local VA"? Disability benefits come from one VA, Its not like the local one can grant benefits. What are you applying for, an increase?

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Can you scan and attach here  their decision to bring you down to 50%? We need to see their rationale and the Evidence they used.

You need to have the 214 corrected by using this form:

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf

If you can scan the VA decision, cover your C file #, name, address prior to scanning it.

JFV1 is a trickey code- it means you separated with a physical condition that was not disabling- however plenty of vets separate with a disability that Becomes SC, as , in your case, that might not have been 'disabling' while they were in service.Or it  was,  but the Mil didnt know how to classify and treat it.

If we can read their words we can help more.It is easy to attach a scan here.

This sounds like VA BS to me- but other vets have gone through this too.

 

 

 

Edited by Berta

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This case might help you-

https://www.va.gov/vetapp11/files3/1123124.txt

Do you have a copy of your SMRS and Personnel file from the Mil?

What I meant by others have gone through this -is that many spin codes have been wrong in the past- but I only found one BVA case so far (above) re: JFV1.

Bizarre- 

 

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