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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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      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
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Rock1982

Pending a Rating Decision

Question

I have a 8 year appeal that was granted in May 2019. Entitlement to service connection for acquired psychiatric disorder, to include  post traumatic stress disorders and depression, is granted.

I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. I am already SC for 10,10,and 10 for shin splints and tinnitus which adds up to 30%. I was trying to determine what would my rating be and timeframe backpay would be paid.

My symptoms include nonetheless the examiner opined that is not to say that his issues with pain and tinnitus have not exacerbated mental health symptoms. In this regard the examiner opined that the veterans chronic pain and tinnitus contribute to several depressive symptoms, including depressed mood, sleep impairment, irritability, diminished concentration and interest in activities, relationship problems, and outburst of anger.

As such the examiner concluded both his tinnitus and issues with chronic pain (not simply limited to shin splints) Are judged to have aggravated and contributed to multiple mental health symptoms. Therefore the examiner concluded that “it is at least as likely as not” that the diagnosis of bilateral shinsplints and tinnitus has  aggravated depressive and overlapping PTSD symptoms beyond their natural course. My diagnosis includes Anxiety disorders too. 

My grant is secondary to existing disabilities.

There is a Remand for Inextricably intertwined with the grant of service connection for an acquired psychiatric disorder, granted in the boards decision herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Once the disability rating and affective date for the grant of service connection for an acquired psychiatric disorder has been assigned, and after completing any other development deem necessary, readjudicate the claim of entitlement to TDIU are you in light of all pertinent Evidence  and legal authority.

I am not sure but I hope my rating and backpay would be issued before they decide in another possible year for TDIU?

I am also one of the ones who constantly check Benny’s for a rate change or any updates, but it is the same since May 23rd 2019. Has anyone received a deposit before benny’s Update. Since the new process has been implemented?

 

Edited by Rock1982
Added info

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Congratulations!

   Is this a BVA appeal?  If it is, unfortunately, the VA has a "new backlog"..implementing BVA appeals.  It could take from 3 or 4 months to a year, sometimes more.  

   Your "backpay" should go back to your effective date.  The effective date is the later of the facts found or date you applied.  

   Have you gotten the decision yet, or is this based on ebenefits??

   Your rating will be based on the degree your symptoms impact your work, and your social life.  (occupational and social impairments).  If you are unable to work due to sc conditions, then you should get 100 percent.  

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Thank you for the response broncovet, Yes, it is a Grant from a VLJ, sent back to RO for rating. I have the letter for the grant and remand. Received it about 3 days after ebenifits updated. Can you tell me will they decide the remand before they payout?

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I can tell you they are not supposed to do that, but here is the most likely reason VA violates their own regulations/fast letters:

BECAUSE THEY CAN.  

There is no penalty, so they do as they please.  

Edited by broncovet

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mine was almost a year after the decision.  And I had to get my congressman involved.  

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Mine was six months but my lawyer had to file a writ of mandamus.

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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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