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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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    • 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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    • 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:


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

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      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.

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    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

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      M21-1 Precedent setting decisions .docx
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