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Trouble Remembering? This helped me.
I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.
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14 Questions about VA Disability Compensation Benefits Claims
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?
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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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update 2:
Just talked to a representative for my lawyer.
I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.
The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.
It should not take a veteran to present their case before the BVA to get it right.
It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.
I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018.
Now I know first-hand how most or some of you feel in hadit.
Picked By
Hucast21, -
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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update:
My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.
I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”
My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.
Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.
Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.
I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”
Migraine headaches are not rated that way, which to me is clearly a CUE.
I just feel so broken.
Picked By
Hucast21, -
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Post in Ready to be rated
Hucast21 posted an answer to a question,
So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.
It was closed on March 25, and va.gov just states claim closed and nothing more.
Hopefully, I get good news.
Picked By
Hucast21, -
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Post in NOD QUESTION
Galen Rogers posted an answer to a question,
Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles.
Picked By
Galen Rogers, -
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Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
Everyone needs to read our stories so they can try to avoid these screws by the va...
Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..
Welcome to the department of Veterans Affairs! I can honestly say, "been there, done that".
Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date. (but of course).
I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!
Here is how they managed to drag mine out 18 years:
1. They never adjuticated my decison until 2009, where they called it "moot".
2. I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake. The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.
3. The VARO piddles with the remand for 3 years, and hoped I wouldnt notice. I noticed and raised cane until they adjuticated it. (denied of course).
4. Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.
5. The lawyer won a remand, got an IMO and I won tdiu in 2017. But at the wrong effective date, even after 15 years.
6. I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date. Trip 2 to CAVC.
7. Mr. Attig won a remand, and advised me to get another IMO.
8. The board awarded my earlier effective date in Feb. 2020.
So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.
ADVICE: Dont count on VA, they could easily throw your fax in the trash. Follow up!
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retiredat44, -
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By Vync
Did the VA make the same CUE twice? Please offer your opinion.
In my CUE, I asserted the VA failed to apply:
38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion)
Here is the rating decision denying CUE:
The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating)
Again, the VA failed to apply:
38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Do you agree that the VA again failed to apply these laws?
Should I have been granted a 20% rating?
I wanted to ask about something else I am considering adding. In Nov 1997, I had a C&P exam which was lost, but I later found it in my claims file. It is never mentioned - ever. What's great is in the second C&P exam, the doctor stated material from the first exam was "misplaced".
Key factors:
1. C&P examiner stated (in exam #2) that this material from exam #1 was misplaced (that's a CUE just by itself)
2. Dictionary definition of "midway" is "halfway"
3. Simple math: 35 mm divided by .5 (half) is 17.5 mm.
4. The DeLuca factors would confirm limited motion began at 17.5 mm.
Would a reasonable person to come to the conclusion that limited motion began at 17.5 mm?
Or would this be considered weighing of the evidence? I tend to disagree because this evidence was never weighed by the VA. Also, my interpretation uses objective facts (35 mm, midway meaning halfway, and common math). There is no attempt to weigh evidence.
Thoughts?
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By awgv001
Hello!
First off, Thank you all! - for this website, your time, and your passion towards helping fellow veterans!
Started the PEB process on active duty (2012 at the time), so I'm just trying to sort this out and find where things went wrong.
The claims submitted among this process only listed 3 contentions - of which the DoD rated me unfit at 10% W/ severance pay, while the VA rated those conditions (totaled) to 40% upon exiting service.
My story - First, I don't agree with the PEB findings, but I signed off on it at the time without a full understanding of "what I could claim", so once the ball got rolling I found myself trying to correct my own mistakes along the way.
I want to particularly point out to the Experts here that signing off on my PEB, as well as false statements/misquotations made by an off base neurologist has been used against me in regard to denial for SC TBI. In one denial, they took the exam from the off base neuro i saw, and threw the (positive) other out - Denying me the benefit of the doubt, or even the 50-50 rule.... The situation now is that I have a second doctor, who wrote a Nexus concurring with the diagnosis and rationale of the specialist I was treated by. (So 2 doctors post-service vs. the 1 I saw who didn't have all the details, lay statements, and misquoted me or failed to check the appropriate boxes based on my own testimony.
TLDR - I was awarded increase for 1 contention in 2016 to (a total of) 60% - Followed by SC and increase in another (1) contention for an overall rating (total) of 80% in 2017 - Some corrections were made and a rating was re-established with the proper EED and my new total is now 90% (as of late 2019) - it is now 2020 and I have 4 contentions that never made it to SC (yet!) - I experienced narrative changes as to why the VA was denying SC for TBI and 3 other issues - such as "missing diagnosis" - I had included a document from their own specialist specifically stating I was diagnosed with TBI and 2 exams giving extensive detail as to my symptoms/history.
Again, thank you for all you have done, and all you continue to do for all of us. to
Semper Fi !
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By Anharris
Hello,
Quick background; I injured my back severely in Kuwait in 2013(I was 22) no proper medical exam or treatment at the peek of the injury just pumped full of pain meds. Once back in the states it still took months before Someone decided I actually needed an xray just to be told I was fine. There were times where I’d experience temporary paralysis below the waist, daily pain levels above 5, numbness, pinching and burning sensations in lower back and to be told nothing was wrong made me want to give up and suffer in silence because no1 seem to take me serious. However the pain was so intense I found myself in the ER sometimes twice a week with strange knots in my back that were shrugged off as muscle spasms and just given more pain meds. I was given a 10% rating after separating in 2014. I didn’t know what that meant or why. Almost 7yrs later the pain is worse back and forth with the VA with treatment that either aggravates or just doesn’t work and I recently discovered that I was diagnosed with sciatic nerve pain BUT it stated it didn’t come from work. I couldn’t believe it. I now live in MD near DC and although terribly discouraged feel I need to fight what seems to be a system that hasn’t cared for me properly since day 1 and appeal. The question is. IS IT WORTH IT? I paid out of pocket for X-rays and made some discoveries about my back that make much more since than what the VA tells me. Has anyone experienced anything similar?
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By Mikeoif
I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % rating for ptsd but didn't file anything for the tdiu, at this time hired a va lawyer before I got my 70% rating thinking id have to appeal if they denied my ptsd again but they didn't so then I kept the lawyers on as they looked at my files for more things to be done and then they had me file tdiu paper work again but then on OCT 31st they filed a higher level review for my TDIU decision going back to march when it was denied. My two questions are how does HLR handle tdiu claims and cause I was denied originally for it for lack of rating and lack of medical evidence does my new c&p in June and my medical diagnosis with recommendation that got me to 70% now, will that evidence be included in the review of the tdiu or is the Review just of the evidence that was available at the time of the original denial back in march? I've been out of work for over a year as well but haven't kept a job down for a decade though I've tried for sure. OIF 08-09 1-22 INF, 1 BCT, 4th I.D. Also do granted my tdiu effective date should be Oct 2018 right as my intent to file date? Thanks
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Post in Ready to be rated
Hucast21 posted an answer to a question,
Update 2:
Just talked to a representative for my lawyer.
I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.
The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.
It should not take a veteran to present their case before the BVA to get it right.
It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.
I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018.
Now I know first-hand how most or some of you feel in hadit.
Picked By
Hucast21, -
-
Post in Ready to be rated
Hucast21 posted an answer to a question,
Update:
My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.
I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”
My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.
Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.
Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.
I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.
I do no understand how the VA can deny service-connection when the evidence is cut and dry.
The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”
Migraine headaches are not rated that way, which to me is clearly a CUE.
I just feel so broken.
Picked By
Hucast21, -
-
Post in Ready to be rated
Hucast21 posted an answer to a question,
So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.
It was closed on March 25, and va.gov just states claim closed and nothing more.
Hopefully, I get good news.
Picked By
Hucast21, -
-
Post in NOD QUESTION
Galen Rogers posted an answer to a question,
Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles.
Picked By
Galen Rogers, -
-
Post in I faxed my TDIU to the VA form this morning
broncovet posted an answer to a question,
Everyone needs to read our stories so they can try to avoid these screws by the va...
Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..
Welcome to the department of Veterans Affairs! I can honestly say, "been there, done that".
Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date. (but of course).
I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!
Here is how they managed to drag mine out 18 years:
1. They never adjuticated my decison until 2009, where they called it "moot".
2. I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake. The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.
3. The VARO piddles with the remand for 3 years, and hoped I wouldnt notice. I noticed and raised cane until they adjuticated it. (denied of course).
4. Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.
5. The lawyer won a remand, got an IMO and I won tdiu in 2017. But at the wrong effective date, even after 15 years.
6. I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date. Trip 2 to CAVC.
7. Mr. Attig won a remand, and advised me to get another IMO.
8. The board awarded my earlier effective date in Feb. 2020.
So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.
ADVICE: Dont count on VA, they could easily throw your fax in the trash. Follow up!
Picked By
retiredat44, -
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Hello everyone. I filed an appeal this past October 28th. Since the appeals process has changed and I am new to this, has anyone appealed a denied decision or a low rating recently and has received a decision on the appeal? If so, how long did it take to get a decision from the date you filed? I am just wondering how long the appeal takes. My claim was pretty quick, it took about 3 months which wasn't bad. Thank you all.
Edited by baezivyAdded tags.
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