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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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NavyCorpsman950

I' m in the 90% Club

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Posted (edited)

Hi All

I am officialIy in the 90% club! Just a quick run down: I filed an Intent to File for OSA secondary to Anxiety/Depression in May 2019. A non-VA MH provider did an exam and a followup exam, and then wrote a nexus saying that my OSA was aggrevated by anxiety and increased it, and anxiety aggrevated OSA and made it worse. He also used the key words "at least as likely as not". We also cited a couple of similar, favorable VBA court cases to support the matter.

Low and behold, I was pleasantly shocked to see that my OSA claim had closed this past Friday with a 50% OSA win on the very first try. It had bounced around from Gathering Evidence to Prepping Decision for a month. I'm still in shock that it was approved so fast, and that it was approved on the first try. I still have a few items on appeal. Prayerfully, those will be approved and get me into the 100% schedular club. 

Still not sure why the QTC examiner checked my knees and ROM during my OSA exam though. I also have a knee claim in though, so maybe that's why. Guess that's a discussion for another thread. 

Thanks for all the tips here on Had It and best wishes on your claims, everyone!

 

Edited by NavyCorpsman950

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Congrats to you, NavyCorpsman950. Watch you payment account on line and see what you get. You'll probably see that before your decision letter. For sure, actually, if you have another claim in. Did they measure your flex during that exam? Reason I ask is they have to to properly eval your disability; if they didn't and he just posted some numbers without a through exam, you have an appeal in the waiting. At 90%, it is very hard to get over the hump to 100, or 95%=100%. A low-ball on your knees will hurt your math, unless you have a bunch more disabilities in your back pocket.

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Navy,

I, too, am a member of the ninety %'s group.  My highest single rating is 30, so, it took quite a while to get to 90.

As GB says, its a challenge to go from 90 to 100 while playing small ball.

Right now I'm at 91 and need a 20 and 2 10's to get to 95 ^ 100.  Or a bilat 20 and a 10, etc..

All of my disabilities are static, so that's a good thing,

Just keep plugin along, and congratulations,

Hamslice

In the meantime, I got a reopen and a increase to plot now.

 

 

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Thanks GBArmy and Hamslice!

I checked my account and nothing extra is showing. I'm thinking the back pay missed this cycle's cut off day and will post in November.

Guys, I wonder if the examiner's write-up played the chronic pain or restless legs angle to support his OSA nexus. Before the exam, he asked me to put on a gown and asked if I needed help from the nurse to get undressed- which I did. That through me for a loop though. So I asked him what I was there for,  and he said an OSA eval.

When he came back in, we discussed OSA symptoms for about 1 minute tops. The rest of the discussion was on pain, medications and surgeries- mainly the knees.

As he was leaving the room, I asked if he had any more questions about my OSA. He said, "No. I have everything I need. You are not productive at work because you are always sleepy. You are always tired. Your snoring wakes your husband. The VA prescribed you a CPAP." Then, he smiled. I took that as a good sign, but then with the VA, you just never know.

Like I said earlier, it was weird that he checked my knee flexion and ROM, and inquired about my knee surgery and injuries more so than OSA. Not sure what all of that had to do with OSA. Perhaps a more seasoned vet can fill me in on possible angles?

I did the math, and I agree, guys! Getting over the 90 to 94.5 hump is crazy. I have two appeals that date back to 2012 and 3 that date back to 2014, so we will see. I filed NODs for all of them back in August 2019. Thanks to tips I read on this blog, they all have nexus statements attached to them. 

I'm happy to finally have my 90 though. It seems surreal. I left the Navy with 10 back in 1996. Had it not been for other veterans pushing me to fight the system, giving me valuable info and tips, and encouraging me along the way, I would have just suffered in silence and not fought the 10. 

Thanks Had It!

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Depending on the exact date your claim closed it may take up to a week or more to get the back pay. Depending on what the effective date is going from 30% to 90% is a big chunk $428 single vet at 30% and $1,833 for 90% - approximately $1,400 per month in back pay (if it is over $25K it takes an extra signature). So depending on how far back the effective date goes it could be a large amount of money and it takes a while.

Congratulations on hitting the 90% mark.

 

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