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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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Kelly Severance

UPDATE on our APPEAL

Question

Hello Hadit friends!

I am so excited!  I logged into Vets.gov today and my husband's rating has finally changed.  His migraine percentage was updated to 50% and overall rating to 70%.  We have been waiting almost 14 months since the judge granted the increase on migraines.  Thank you Jesus!  I don't know how long we will have to wait on retro......but we are so happy to see this update!

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 Yep. I've emailed everyone lol. It's ok I've only been dealing with this claim and appeal since 2011 lmao. Last appeal took 11 years so this is lightning fast. I'm apparently immortal lol. It's ok though a lot of vets are in worse shape than I am. 

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CONGRATS!!!!!.......I got a few Q's Kelly..........(1)was this through RAMP or LEGACY and if RAMP what lane?  (2) How were you able to request TDIU when you just now increased to 70%  I thought you had to be already at 70% with at least one disability at 40% to be eligible for TDIU.  I am asking because I'm curious if you were able to ask for TDIU on the basis of being granted the increases that resulted in reaching 70%.  (3) What did they say as being a reason for remand on TDIU?   Just curious.  Thanks.

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11 hours ago, Wayne TX said:

CONGRATS!!!!!.......I got a few Q's Kelly..........(1)was this through RAMP or LEGACY and if RAMP what lane?  (2) How were you able to request TDIU when you just now increased to 70%  I thought you had to be already at 70% with at least one disability at 40% to be eligible for TDIU.  I am asking because I'm curious if you were able to ask for TDIU on the basis of being granted the increases that resulted in reaching 70%.  (3) What did they say as being a reason for remand on TDIU?   Just curious.  Thanks.

Hello Wayne.  My husbands hearing was in april 2017.  At that time, my husband told judge that he had been put on notice at work.  The judge, in duty to assist, brought up TDIU, and stated that if the migraine increase was granted, then TDIU would be possible.  So we filed for TDIU that day.  He was denied TDIU by the VA in December 2017.  Then in March 2018, we received the BVA decision packet that granted the increased migraine rating to 50% and gave us the overall rating of 70%.  ALSO in that decision was a remand for TDIU.  The only order in the remand was for the VA to gather some additional medical records that were not included in our claim.  A few days after we received our reward for the migraines, we got a letter from the VA and a form for release of medical records, which we have already faxed back in, as well as sent the records they requested that WE had.  So I'm hoping they are working on that .  My husband has not worked in 18 months.  Hope this helps.  Good luck!

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Was your Appeal through RAMP or Legacy?  

 

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    • 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
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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