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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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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Holllie Greene

Legacy

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Hi,

You know it is approaching 2.5 years since my last dealing with VA (still waiting on my appeal for one contention ) and a few weeks ago I called my VSO(nice earnest man) and he said to call him back in 3 months.  OK, of course I will.

I just wonder why 3 months as opposed to 4 months...any thoughts or ideas?  Thank you in advance.

Happy St. Valentine's Day (several days early) everyone.  🤍

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    • By GeekySquid
      Hi all,
      This will be the first NOD I have to file, and I fall into the odd gap between Legacy, RAMP, and AMA processes.
      As I understand it Since the claim I am NODding was started Aug 2018, with a partial decision dated Oct 2108 and the deferred claim decision dated April 2019, I am supposed to still use the VAB Form 21-0958-ARE, which is the fillable form.
      The first question I have is about the actual form itself and I have filled out a sample to make sure this is acceptable to the VA. I am trying to make sure that I clearly indicate that attached records support my claim and that I give the reviewer an explicit road map as this is a complex claim. Please look at the attached sample and tell me if this is okay.
      ---------------------------------------------
      The second question is a bit more complicated and involves 3 distinct award/decision letters with different dates.
      The question is, which decisions do I NOD?
      Letter 2 and Letter 3 are both 2018. Letter 3 gives me the award but not the dates on Hearing Loss, on Vertigo it gives me an award but the wrong effective date and should be rated as Meniures instead of Vertigo based on all the evidence. Both should be back dated to 2013.
      here are the details.
      I have 2 of them in my possession and am waiting for the BBE for the 3rd one issued in April 2019.
      Letter 1 -Oct 2013
      Letter 2 - Oct 2018
      Letter 3- April 2019
      In each of these letters the same issue is addressed, SC for hearing loss
      Letter 1 denied SC because C&P Doctor only looked at 1 enlistment to gather hearing loss and in-service Treatment for hearing loss w/ OSHA evaluation. Award states I have rateable hearing loss, but SC cannot be established. Had I known better I would have NODded or CUE'd this back then.
      Letter 2 denied reopening Hearing Loss denial from Letter 1 claiming evidence provided (proof the doc overlooked evidence in my  record) and subsequent hearing tests. Acknowledges Hearing Loss rateable, denies SC claiming the evidence is not N&M despite showing that doctor did not look at all the evidence in my service record. I am sure I can also CUE this and would jump on that except for Letter 3 below.
      Letter 3 oddly grants SC from 2018 Hearing Loss C&P but gives effective date of 2018 instead of 2013
      Important factors here: The 2018 rating percent would be 0% because I can still hear a little in that ear. Having the EED back to 2013 (Letter 1) is significant as that decision failed to Notify me of a possible claim for Documented Vertigo, failed to Assist me in developing that claim, failed to infer from the evidence, failed to acknowledge inferred request by me. The VAMC now claims they lost the evidence yet my medical records are replete with requests for help with Vertigo, ENT exams, OTO exams, Fragments saying I had OTO exam, MRI, and VNG tests and that I have Nystagmus.
      The sequence here is:
      Letter 1-ignored all evidence of Vertigo, failed to assist in developing claim, failed to infer, failed to notify, failed to even mention Vertigo
      Letter 2-Deferred my direct claim for Vertigo. Note: VA order C&P's and in fact I had 4 related to vertigo and hearing (which is a fustercluck unto itself).
      Letter 3- Have not received BBE but Ebenefits states I am now rated 30% for Vertigo and 0% for Hearing loss, both SC.
      In a fair world (I put that in for chuckles) the VA would have performed properly in 2013. They didn't. They would have corrected themselves in Letter 2. They didn't. I don't have Letter 3 yet but they in effect CUE'd themselves but gave wrong effective date on hearing which is integral to eventually getting Vertigo back dated to 2013.
      What they rated in the latest round actually fits Menuiers disease more than Vertigo. The 2018 OTO C&P doctor was incompetent and did not fill out a DBQ during the exam. He did not know why I was there. Did not deal with my gait issues or ask about them. Did not ask about frequency of events. He had his wife type up the form at home (those are his words) as he does not allow computers in his office. He and the rater ignored records in my med files concerning gate, MRI, VNG, etc being performed. He did not ask for MRI records or VNG records.
       
      There are a couple more issues like this but the above shows the complexity of my process. You can all see why I need to make sure I use the right forms and can create a roadmap for VA to follow.
      Any input would be appreciated.
       
       
       
      sample for hadit question.pdf
    • By Indy_CV62_OS
      Researching the VA Legacy Appeals bottleneck and have some information which might be helpful.  I am in the Legacy Appeals program and I want to share whatever I have learned.  According to Comprehensive Plan for Processing Legacy Appeals and Implementing the Modernized Appeals System
      Public Law 115-55, Section 3 the VA Board has dispatched 81,033 decisions in FY 2018.  Do some basic math and there are 260 working days p/year so their output is about 311 decisions per working day.
      My Appeal is still at the RO and waiting on Certification.  According to va.gov there are 110,742 Appeals ahead of mine, so, if I apply the math above, my Appeal should take about a year to get to the Board.  Just a quick review of the process: File Form 9 (Prior to the new AMA which began Feb 2019) and it currently takes 623 days to get the Appeal Certified by the DRO.  Once the Appeal reaches the Board, we should get a Docket number and a 90 day window to submit new and material evidence directly to the Board.  The time from Certification to Hearing is about 17 months and then an additional 5 to 6 months after the Hearing to get the Board's Decision.
      I've spent the last several days watching Congressional Hearings non stop.  There are a bunch of unfilled positions in VHA and VBA.  The VA has adequate funding and the new Law to adhere to.  I just can't determine what they're going to do about the backlog building each year.  Anything new, I'll report it here.
      Ray
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  • Our picks

    • 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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