Jump to content
  • momo-001.jpg

     

  • Advertisemnt

  • 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

  • 0
Poopsy Woopsy

NOD for deceased husbands claims

Question

i am in an NOD for TDIU  thus asking accrued thru PTSD. The more work I do the more I find out the more I should have done or I guess my VSO. As in earlier posts, I have said that the only reason they denied the TDIU (which to me was obvious), is they denied it because of an old SSI claim for his back. I will "state" in my NOD that it should not supersede the TDIU/PTSD because I can add some presumptive info that started "Before" the back claim.. (I don't know if it will be as determinative to them, as PTSD can be elusive) Again I'm not sure thats what they even want. It seems they just want me to put in "Words" that it is not predicated on the back situation, which by the way back issues are in his VA med records as a condition as well, but I found where VA stated the back was stable. In doing all this (thru good info like you get here) I realized my husband should have been 100% for DMII. He met all the requirements for 100%. DMII it was originally claimed thru A.0. (along w CHF, ED, PN,) which I hope the new ruling as of Feb will change that. (we could not prove in country  because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim.  ANYWAY, back to my original point! Can and "Should" I add evidence stating proof he fits the 100% criteria for DMII. and ask for Re-consideration of DMII on presumptive or secondary grounds on the NOD??. (Or do I have the right to, (or shoud I)  resubmit it seperately, even though it was previously part of a closed claim) The AO is closed because of "No further proof" but should I not be able to re-direct his DMII on the NOD as a secondary to his PTSD instead? or even presumptive because of so much medical evidence in his VA med files. I am so determined to make them pay for what he "deserves" but I get lost with emotion, and then get lost with where I should go with all the information. What I don't understand is there is a huge amount of medical files all positive for everything claimed, so don't they have a "Duty to assist"  in getting it and figuring it out?  "Some" of the medical evidence but not much in respect to how much evidence there is, is in his C-files, so "is it" really as easy as sending "more" medical evidence that sits their right in his medical files for them to see?     I read where Berta stated not to re-state things that are obvious, so as not to assume "Ignorance" on their part or that they are not doing their job. (I realize they are just "Pawns" in the game) so some more direction would be very helpful to me. Been away for a bit because it takes such consentration with so much information,  realizing the more I find out the more work I have to do.   SOOOO afraid of making a mistake.  AND NO!!! I am too committed to this to hand it over to someone else at this point.. Except for asking verification from my VSO.

P.S. got a new printer so I could send receive or copy info now to help with any info received or replied to. Thanks everyone.. You are what grounds me!!    

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

You posted:

Quote

Can and "Should" I add evidence stating proof he fits the 100% criteria for DMII.

Sure..if that is the benefit you are seeking!!  For Vets, they can add "new and relevant" evidence at any time a claim is pending under 38 cfr 3.156 b. 

You also posted:

Quote

which I hope the new ruling as of Feb will change that. (we could not prove in country  because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim.

If you count on VA to act like a 12 year old, or worse, you will rarely be disappointed.  I would show them the ship is on the presumptive list, and be thorough and resumbit, rather than "counting on" some VA employee to do their job.  

 

Further, you posted:

Quote

The AO is closed because of "No further proof" but should I not be able to re-direct his DMII on the NOD as a secondary to his PTSD instead? or even presumptive because of so much medical evidence in his VA med files. I am so determined to make them pay for what he "deserves" but I get lost with emotion, and then get lost with where I should go with all the information. What I don't understand is there is a huge amount of medical files all positive for everything claimed, so don't they have a "Duty to assist"  in getting it and figuring it out?  "Some" of the medical evidence but not much in respect to how much evidence there is, is in his C-files, so "is it" really as easy as sending "more" medical evidence that sits their right in his medical files for them to see?

This is a good reason I suggest professional representation, that is, an attorney.  

Yes, VA has a duty to assist.  Unfortunately, VA, because of the Chevron/Auer defence, gets to interpret its regulations any way they see fit.  So the VA's interpretation of "Duty to Assist" is interpreted as VA's duty to delay and deny.  

Edited by broncovet
add more

Share this post


Link to post
Share on other sites
  • 0

Its Me Poopsy Woopsy again.. I just found some information "Specific" to my question about SSI/TDIU.. It hit the nail on the head... Don's SSI should make it easier to substantiate the claim for TDIU not make it harder to claim.. As I stated it seemed like they wanted me just to verify in words that the SSi did not trump the obvious TDIU.. Why I don't know.. seems again obvious to me. Hope i am not missing something here.   

Share this post


Link to post
Share on other sites
  • 0

remember Broncovet, the claim is for  TDIU and in the NOD, because it also pertains at 100% to TDIU. It has not been given a rating just a denial through AO. Figured I could get it rated through secondary SC with additional evidence along with TDIU evidence. Because it stands on its own.. just didn't know if I could piggy back it so to say on this NOD

Share this post


Link to post
Share on other sites
  • 0

A claim for tdiu IS a claim for increase.  Sometimes, when a vet applies for tdiu, the VA awards 100 percent, instead.  They did that to me.  There is no such thing as a "stand alone" tdiu claim, according to some recent case law.  If its important to you, I can probably cite the case law supporting (no stand alone tdiu claim) or you can do the research yourself.  Its better if I dont do all the research for you..and you learn how to research it yourself.  

Share this post


Link to post
Share on other sites
  • 0

"DMII it was originally claimed thru A.0. (along w CHF, ED, PN,)" which I hope the new ruling as of Feb will change that. (we could not prove in country  because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim.  "

Since his ship is on the AO list, along with the great news for Blue Waters ( which will take time- if VA appeals the Fed Court decision-  Procopio V Wilkie,) proof of him on the ship durng the Vietnam War, in the 7th Fleet ,should be sent to VA along with the NOD referring to it....if the NOD involves a denial of the DMII.

I hope you have a scanner as part of  the printer-if you could scan the DMII denial we could help more-

Cover your C file, name, address, prior to scanning it.

My personal experience wth the VA is that you have to tell them the facts of the claim like they are ,as Broncovet stated ,12 years old.

 " I read where Berta stated not to re-state things that are obvious, " not sure what I meant by that-

I have had to re- state Obvious Evidence they overlooked ,in the past, and enclose it , many times.

The denial of the DMII, CFD, etc is what we need to read...and the Evidence they used.

Did the VA make any attempt ,within the denial, to see if his ship on the AO list?

 

 

Edited by Berta

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.


  • Our picks

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 0 replies
    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines