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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.

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      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
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PassThrough

Retro Pay

Question

For that served, sincere thanks for your service to the greatest Nation, America.

I recently applied for Disability, using the DAV back in August 2017, which I applied for several service related injuries, after a few months of being denied on some injuries once said and done I was given a 40% rating. I was also collecting military retirement and of course not meeting the 50% rating my retirement was subject to be given a taxfree percentage.  After the VA acknowledged my request for VA disability in August 2017, they sent me a letter stipulating I would be entitled to retro pay from the day my VA claim was submitted,  if I calculate the time it would be about 20 months before finally receiving a rating but I was told I would receive no retro pay because I was collecting retirement.  So I went to a VA representative stationed in the Pentagon who told me that in February 2019 my case was adjudicated and that I would be entitled to no retro pay and I had to submit paperwork because the VA did not acknowledge me being married for 18 years. 

I submitted for additional VA disability in April and received an additional 20% increase giving me a total of 60%.  The VA rep I spoke to also informed me that the VA denied a claim because my personal doctor wrote a side note on a medical examination in reference to my injury ( my doctor wrote a false report because I  wasn’t even there for an examination on what he wrote a false report on) that I was fine and there was nothing wrong with me which caused me being denied.  So here it is now the middle of September and I’m trying to figure out what I’d be entitled to any retro pay at this point?  If anybody can provide me with a bit of insight or a point of contact that would be really really appreciated. I did receive a $2400 from the Treasury but when I called I was told that the VA was conducting an audit and that was in August.  

Thanks All 

Edited by PassThrough
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36 minutes ago, PassThrough said:

When I called DFAS, the rep said there was an audit, but that was two months ago

I do not know the effective date for your 60%, so depending on when it was it might take a little longer. Plus if it crosses different tax years that might slow it down.. Call DFAS again and ask.

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On ‎9‎/‎16‎/‎2019 at 12:02 PM, paulstrgn said:

I do not know the effective date for your 60%, so depending on when it was it might take a little longer. Plus if it crosses different tax years that might slow it down.. Call DFAS again and ask.

Thanks for the info Paul, well I have a lot of work to do for my other disabilities that the VA denied.  I lost out on Retro because of my military retirement and only being rated at 40% at the time.  

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Ok.  You need to deal with the denial.  And, as Berta explained, dont trust those people on the phone.  

You need to file a NOD.  Did you receive a decision letter denying your claim?  Dont file a Nod until you do.  

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Well I was able to finally go back to the VA, my newly assigned DR forgot to put my referral in for my GERD which disappointed me as usual.  I was able to make an appointment for my hearing which is so shot that I have to get a waiver each year at my current job at the Pentagon when I do my medical for the agency.  The X-rays show some really bad stuff on my hips (the VA denied the claim due to the false report from an outside Tricare Dr. I went to see for something else) and lower back requiring a MRI now.  So if any kind person who reads this, can you please provide advice on the necessary steps to pursue a claim that has been denied and what form is used for a increase request.  Thanks to All.   

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If a doctor wrote a report on you it should be in your VA medical records.  Request your c-file.  If the VA used this to deny you they should have posted it in your evidence.  See if you cannot go to the VA office and file a release of information on this report or see if your rep can print it.  Before you get your NOD started you most likely need to see if you can get an IMO about your condition.  If a doctor reads your STR's and your other medical records and states that the injury is SC and that it is at least likely as not due to an injury in the military that is a good start.  With this information file a supplemental appeal with your IMO.  You can search for IMO and IME doctors online.  Sometimes it is expensive but it pays off if you win.

https://www.imenet.com/

http://www.independentmedicalexaminer.com/index.asp

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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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