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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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  • 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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    • 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.
    • 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. 
    • 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!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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allansc2005

More retro=longer decision time?

Question

Afternoon folks from sunny Palm Beach, it sure doesn't feel Christmas(y) here, but another day in paradise!

 

Got an Email on Ebenefits/va.gov this morning telling me my original decision date for my already SC claim increase has been moved from 12/22/2019 to 03/14/2020.

ALL evidence was submitted, including results from C&P exams, and accepted back on 11/18/2019, as per conversation with VA toll free number.

Two of the increase claims dated back to 11/20/1990, and one increase claim dates back to 03/18/2010. These we all included in this claim dated above.

VA also informed me on Ebenefits that nothing else was needed or required.

 

I've gotten all kinds of opinions on why the delay is taking place; everything from "It's the holidays" to "The VA has cut back on the number of people working on these claims"

 

Got one interesting email this morning here from a seasoned hadit.com member who suggested that "The amount of retro involved is more than likely the reason for delay.."

 

Is there a long drawn-out process that has to happen when paying out retro? More retro=longer decision time?

 

All input welcome.

 

Allan 2-2-0 HUAH!

 

 

 

 

 

 

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@Buck,  while I did know the IU will go bye-bye, will my P&T remain after getting 100% Scheduler?

Also as far as the fishing is concerned,  most of us who live in Palm Beach either live ON or near the ocean, so I can step out on my porch or balcony and throw a line out and catch a few Grouper.

 

Red Snapper requires heading out to the Gulf stream.

 

Allan 2-2-0 HUAH!

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allan That fishing sounds awesome! How is Grouper? and are there gaters showing up to take your lunch once in a while?

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@GB,  Grouper are just delicious IF you catch the right size and species of them.

 

Also, though gators have been seen in the canals, they rarely come out on the beaches, or swim the ocean.

Unlike their saltwater cousins crocs, gators generally hate salt water.

 

We actually have a "pet" gator named Charlie who swims one of the canals, he keeps the snakes in check, and for what ever reason, he just doesn't go after humans.

Allan 2-2-0 HUAH!

 


 

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Well, I am completely convinced that more retro = longer wait time.

I have two issues on appeal and one issue goes back to 1973.  I do believe that when the RO staff sees that date they scratch their ass and bury the file.  It has taken 8 years to finally get the claim certified to the BVA  Yeaaa.  I have been told that 7 - 8 years is the new norm to get a claim certified to BVA.  I believe that those claims prolly have a retro amount that scares the giibbberrs out of RO people so it gets dusty and when people see a dusty file they think something is wrong with it, like a house that sits on the market too long.

Even tho my attorney is Mr. Ken Carpenter, the claim has been lingering and collecting dust at the RO. 

I am also convinced that having an attorney does not speed up a claim.   Having an attorney does help with having your i 's dotted and your t 's crossed.

 

Regards

Edited by hurryupnwait

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@hurryup, the last time I got a sizeable retro, it took about 5 months(lower 6 figures), and that was 2016.

My understanding now is that there are 5 "signatures" required for anything over 20K,  and anything100K+ can take anywhere from 3-8 months to approve, and into your bank account.

 

There is a "process" for receiving a sizeable retro, but I can't seem to find out what it is.

 

I would have thought Berta would  chimed in on this thread by now, but nobody has seen her around lately.

 

Allan 2-2-0 HUAH!

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    • 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.
    • 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. 
    • 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!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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