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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
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      • 3 replies
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Tbird

Permanent and Total from cck-law..com

Recommended Posts

 

1:10 What is Permanent and Total Disability?

2:05 Conditions that automatically receive a permanent and total rating (P&T)

2:32 Conditions less likely to receive P&T

4:29 How to find out if your VA rating is permanent

6:03 Is there a VA form to apply for Perm and Total status?

6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

10:26 Stabilized Ratings

11:26 Continuous Ratings

12:57 What to do if VA proposes a rating reduction

16:03 Final Thoughts & Tips

https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

 

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Thank you Ms. Tbird, this is excellent information.   😄

  • Like 1

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I’m still trying to get the hang of this. 

My C and P examiner stated that my asthma precludes me from any physical occupation. They did find a medical nexus. So does that mean they found me completely disabled? Or is that wording really not of any matter?  

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Thanks for this link Tbird.

I can only add one thing- 

“Entitlement to a permanent total disability rating requires a Veteran’s disability to be both permanent and total. 38 C.F.R. § 3.340. Pursuant to VA regulations, a total disability may be established in two ways.

First, total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful

occupation.  38 C.F.R. § 3.340(a)(1).  Second, a total disability may also be assigned where a Veteran’s service-connected disabilities

are rated 100 percent disabling under the rating schedule. 38 C.F.R. § 3.340(a)(2). Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person.  38 C.F.R. § 3.340(b). Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling     when the probability of permanent improvement under treatment is remote. Id. The age of the disabled person may be considered in determining permanence. Id.”

Source: Board of Veterans Appeals   

https://www.va.gov/vetapp18/files6/18107434.txt

I have filed a White House Hot Line complaint on this very description of Permanence, against the Director of the Buffalo VARO.

My husband's autopsy revealed 6 area of ischemic TIA brain damage and major brain stem stroke, and the death certificate revealed it was a contributing cause of his death.An MRI revealed he had "significant brain atrophy, "inconsistent with his age ( he was only 42 when the MRI was done.)

All of my unread evidence , much from VA doctors, supports that he was 100% P & T under 1151 due to the stroke , except the director of my VARO said he was not Permanently disabled by the stroke  at death and that my claim was "OVER".

She had no medical evidence whatsoever for that statement. This was in a phone call she made to me. I told her that neither the veteran and I are unaware of some sort of miraculous stroke CURE the VA performed, yet VA never advised the veteran of it.Her statement goes against all VA case law and certainly all of the medical evidence they VA has.

This issue will be taking up much of my time this coming week. 

I have mentioned this here many times- because I have never heard of anything like this before, and I wonder how many other widows were given the same BS.

Death makes every continuous 100% SC or 1151 as if SC rating- A TOTAL and PERMANENT Rating.

It was never an issue in their 100% P & T award for SC PTSD ,sent posthumously after my husband died.

 

 

 

 

 

 

 

 

 

Edited by Berta

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On 7/5/2019 at 6:08 PM, vgorman0306 said:

my asthma precludes me from any physical occupation. They did find a medical nexus. So does that mean they found me completely disabled?

Not in my opinion. It sounds to me that your asthma prevents any physical occupation. It does not prevent any sedentary occupation. 

At your age just try to imagine collecting disability for the next sixty years while sitting on the couch. I think that is a recipe for depression or insanity. I encourage you to get all the disability you are entitled to, but to also find something to do with your life.

  • Like 3

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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