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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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By kanewnut
I was trying to find my SSA records but so far I haven't. There are over 5,000 pages in this version. I have tried several searches, but to no avail. I have searched for the individual whose records where mixed up with mine but so far can't find those either. Since I should have at least been awarded TDIU back to the time SSA found me unable to work, based solely on service connected conditions, this is important to my claim.
There are lots of new military records. Lots of names blacked out. I guess the VA doesn't want us looking up any of them.
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By Dqm71
This is so exhausting, Granted 10 % in 10/2014 for Back injury lumbar strain I have not worked regularly since 7/2013 I have filed
appeal for through ATTORNEY for ( increase rating with secondary issues and documented records left right hip pain neck pain sciatica left side chronic low back pain with muscle spasm and
depression , TDIU many more ... I been on SSD since 11/ 2014 Just had my VA court hearing in May 2020 via ZOOM. I have 1000s pages of med report, Professional Expert Doctor Reviews What else can I do? advice welcome My chances of 100%rate increase or TDIU
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By Lfox
my saga
90% TDIU 8 years
7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder
During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I really, really miss it. I have to use a two foot piece of tubing in order to extract the urine. Which you could imagine builds up some animosity over the years. Coupled with a bad case ED from this procedure now we’re really having fun. I did get the bladder connected rate away and left it at that. My tendency to ignore things I don’t know how to process really hampers my existence.
So my only interactions with the VA was just calling every three months to renew my gear and meds. Fast forward to 14 months ago I woke up one morning screaming because it felt like my balls had gone 12 rounds with Mike Tyson. It’s been 14 god awful months and it still hasn’t subdued. It hurts so bad I vomit regularly due to the pain. My blood pressure was sent out of control.The headaches are also unreal. I even had some old hernias repaired on my gut to see if just maybe that would help, it didn’t. It was suggested it was a nerve spinal issue. So 5 days ago, I go get an mri done on the surgical site. My doctor calls me and tells me to come in and didn’t elaborate on the test. I did so and he then informs me I had a stoke in my spine, from the surgery, Also that the bladder hypertension, headaches and testicular pain were connected to this issue.
As far as the VA said they pretty much told me it was a medical mystery all these years and it might come back. They never said anything about a stroke and just thought it was the pressure on my spine when I was filling up with blood during the surgery. All the built up and suppressed rage from over the years came flooding out. I broke down, but am ok now. But, I’m worried that I my die from this sooner or later heart attack or another stroke it won’t be service connected and my wife and kids are SOL. I have no idea where to start. How do I S.C this VA surgical debacle? It was 6 years ago. They were installing it due to an S.C issue. I have chronic pain upper and lower back. I’m pretty much a professional with ignoring the pain what I can’t control (high bp during episodes, monster headaches, risk of stroke) is what scares me. Any direction on what type of claims this would start as is greatly appreciated. Thank you for reading
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By MidwestAbbott
I have roughly one million questions but I'll try to keep it simple. This is the first time I am appealing a denied claim (though not my first denied claim - I currently have 50% combined). Almost exactly one year after my C&P exam I finally got a denial for both of my knees). I did a HLR informal conference and now my va.gov status says "The VBA is correcting an error". Here is the decision I received on Dec. 7th after the Higher Level Review (sorry I couldn't figure out how to add image) and below that are my questions.
Decision:
1. A duty to assist error has been identified during the Higher Level Review of left knee pain. 2. A duty to assist error has been identified during the Higher Level Review of right knee pain. Evidence: Timeline from intent to file on 10/2/19 to HLR informal conference on 12/2/20 Reasons for Decision: 1. Higher Level Review for left knee pain The issue of left knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601) Favorable findings identified in the decision: You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of patellofemoral pain syndrome. 2. Higher Level Review for right knee pain The issue of right knee pain was returned for correction of a duty to assist error in the prior decision. We failed to get other records. We will develop for lay statements and if warranted additional opinions. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.159, 38 CFR 3.2502, 38 CFR 3.2601) Favorable findings identified in the decision: A nexus or link has been established between your claimed issue and an in-service event or injury. During VA exam dated 11/7/19 the VA examiner provided a positive medical opinion linking your right knee to service. You have been diagnosed with a disability. The VA exam dated 11/7/19 showed a diagnosis of right meniscal tear, right knee instability, and patellofemoral pain syndrome. MY QUESTIONS
1. Am I just out of luck because I didn't seek treatment during Active Duty?
2. Under "favorable findings" it states that "a nexus, or link, has been established between your claimed issue and an in-service event". Isn't that the literal definition of a service connected disability?!
3. What is the error? What have you all seen as timelines and outcomes for this?
Thank you to everyone who takes the time to respond and post. Reading these questions/answers over the last year has been both educational and comforting.
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By Vync
In August 2020, I filed a HLR for heart attack and was just called by a DRO. The DRO indicated the decision was in error because it was based solely on the wrong condition (atrial fibrillation) and did not address the heart attack at all. They will go over everything, including the strong "more likely than not" IMO from my non-VA board certified doctor. They said they would try to grant based off of the evidence of record. Of course, if granted, I would get another heart C&P for rating purposed. Should know something within the next couple of weeks.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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- 41 replies
Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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- 13 replies
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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kanewnut 88
Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&P exams when all I was trying to do was get the VA to look into a CUE. I explained to her how since the VA had done C&P exams the rater had put in the effort to communicate with the examiner twice to reduce a rating from 40% to 20%, yet the examiner couldn't find my SSA grant. I explained to her about the SSA records in my C-file, how I had about 20 pages of someone else's records in the middle of my records. I told her maybe this is part of why someone didn't approve it sooner. I told her it looked to me like someone dropped the paper files and didn't have enough sense to separate the two files. I told her about the latest denial where the rater looked into the SSA records and found a denial but didn't look up the grant of benefits that is in the SSA records. I explained to her that I hadn't worked since June 2000. I told her about the VR&E denial based on my doctors statements. I told her how the raters kept denying me stating other evidence in my records showed I wasn't unemployable. I explained to her how the raters kept saying I quit my job, but M21-1 says that doesn't have any affect on the decision. She seemed very sympathetic. She said she would take care of me. Well, it will be very interesting to see if she does. I had a prior call from a lady at the Roanoke VA, she thought I was going to get approved. In just a few weeks I got the denial.
I had written to my congressman about all this crap. I got a reply back from the congressman's office but it was the same BS from the VA. I sent back to the congressman's office quite a few pages of all the documentation showing the VA crap. I think this was sent by the congressman to the VA Secretary Wilkie. I have no idea if this is at all related to the call or not.
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