Migraine Claim approved at 50% today after BVA remand

[MKAH]

Hello everyone,

Today I was on Ebenifits and saw that my Migraine claim had updated to 50%, bringing me up to 80% total.  VA.gov shows no information on this claim..?

I did some quick math and backpay will be about 22,068, less 500 for doctor exam and letter, and 4,413 for my attorney = 17,154.  

Anyway, I have not seen a direct deposit so I presume that large amounts take a little longer to process? 

 

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Total Combined Disability

You have a 80% final degree of disability. This percentage determines the amount of benefit pay you will receive.

How is this calculated

Add Disabilities

Submit a claim to make any updates to the disabilities that you believe are related to your military service.

Apply Now.

Rated Disabilities

Disability	Rating	Decision	Related To	Effective Date
tinnitus	10%	Service Connected		03/08/2011
migraines (previously addressed as headaches)	50%	Service Connected		08/01/2017
bilateral hearing loss	50%	Service Connected		02/11/2016

 

Edited April 24, 2020 by MKAH
formatting

[Buck52]

5 hours ago, MKAH said:

Thanks Buck52, I'll take a look as I have my C-File on a disk in PDF format.   

The only thing I noticed with the data on my C-File disk, is it is not all searchable like most PDF documents are.  I have the feeling that some of the information, at some point was scanned to maybe a JPG file, then later saved to a PFD file?

Ues the Acrobat Pro Reader Program  it has the searchable pdf. & Copy to your computer/Laptop.  put the CD Disk up for safe keeping.

[Christie]

On 4/27/2020 at 9:16 PM, MKAH said:

I called the 800 number and spoke with Peggy about my updated claim (4/18/20 and no receipt of envelope or direct deposit.  Peggy said three sperate deposits were waiting for approval and that the envelope was being mailed today (4/27/20).  Peggy gave me the amounts of the deposits and they are within about 100 bucks of my back pay calculation less a 500 dollar outside doctor opinion and attorney fees of 20%.

So my impression is that the VA Regional Office has paid my attorney fees including the attorney arranged doctors opinion,  directly to my attorney.

Is this the normal process for paying legal counsel, or am I totally overthinking this process?  
(sounds like a really great idea, I was just wondering).

 

I use Woods and Woods also and waiting on backpay, judge granted me my TDIU on May 20th but my RO is Phoenix and they are slow, my question is.... so you got your money from the VA itself and it wasnt sent to the lawyer first and then they issue it to you? Was curious how that process worked. I was under the impression ALL money went to the lawyer and then they sent us our share (so to speak). Am I wrong? If so, that makes me very happy that it wont take even longer for more people to touch it it and sent it out to me.

[MKAH]

On 7/2/2020 at 9:27 AM, Christie said:

I use Woods and Woods also and waiting on backpay, judge granted me my TDIU on May 20th but my RO is Phoenix and they are slow, my question is.... so you got your money from the VA itself and it wasnt sent to the lawyer first and then they issue it to you? Was curious how that process worked. I was under the impression ALL money went to the lawyer and then they sent us our share (so to speak). Am I wrong? If so, that makes me very happy that it wont take even longer for more people to touch it it and sent it out to me.

Hi Christie,

Sorry I did not reply earlier as I did not have notifications enabled for this thread.

"so you got your money from the VA itself and it wasnt sent to the lawyer first and then they issue it to you?" 
Yes, that's how it worked for me. 

Immediately after the Regional Office determined the % of disability the the BVA judge had ruled was service connected, Woods and Woods filed two comp and pen claims.  One for the 20% of the award (which was approved and paid directly to Woods & Woods, and the other one (which has not been decided yet) that has the vague description of "Due Process".  I am guessing the "Due Process" claim is for Independent Medical Opinions, Mailing costs and other Doctor interviews, records review and examinations.  However, I did get a bill from Woods and Wood detailing Independent Medical Opinions, Mailing costs and other Doctor interviews, records review and examinations, which a gladly paid.

My current open claim (PTSD) filed 11/14/2014 was ultimately appealed to the BVA, and then remanded back to the RO for a C&P that the RO never performed prior to my denials.  That BVA remanded C&P happened on 8/9/2019.  This C&P was in support of service connection at a disability level which appeared to be the 70% tier.  Then recently (about six weeks ago), the RO requested that the same C&P examiner perform a "records review".  But I do not know what portion of the records are being reviewed or why. 

Woods and Woods explained to me that even though the C&P was in certainly support of SC, the RO could and often does deny SC connection based on the combined information.  I believe if SC is denied by the RO, the BVA judge will have another look at the appeal to make the final decision?

My hope is that this claim will be decided one way or another by the end of this year.

 

I see that your are 100%, are you able to share that process?

 

Thank You

[Christie]

6 hours ago, MKAH said:

I see that your are 100%, are you able to share that process?

 

 

 

Thanks for the response! The judge on May 20th approved my 100% TDIU claim. That is what I am waiting on now. The RO to decide the date and determine the back pay. I have been fighting for over 20 years. Got Woods and Woods about 18 months ago. On week 6 of the hurry up and wait for the RO. We already know due to a law change I will get screwed and they will only go back to 2017 but its all good. Just want it over. Hopefully yours will end this year also. It sucks how many hops and bullshit we have to jump thru. Luckily tho I was already at 80%.