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In 2012 the Department of Education granted my T&P Disability Claim. I notified the VA. In 2014 the VA sent me a letter to inform me that had attempted to receive a response from the SSA of my SSDI in August deliberately waiting until August when the SSA had reclassified me at 67 as retired. Fortunately I had a copy of the SSA/SSDI letter dated 2012. All of this was for my TDIU claim.
I notified Congress and they confirmed that the VA had received a 2012 SSA of my SSDI status.
Now 2019 came and has gone and the VA still is telling me that my TDIU claim is still pending even though the VA has granted only my 100% mental and not my 90% physical rating as preventing me from working. The most recent 2020 VA documents does not list the SSA/SSDI letter. I am hiring an attorney because my patience has run out.
So I was recently granted TDIU and noticed a large lump sum deposit into my DIRECT DEPOSIT on 9/16/2019. Well that account cannot hold large sums of money over $10,000 so I provided them with the new account information 9/17/2019. Well my award is STILL suspended and I'm frustrated and broke. I have two kids with one of them being 19months old. I have no food and $40 to my name. I'm two months behind on rent and my lights will be shut off in less than a week. Of course, the VA is taking their precious time to un-suspend my award. Im calling everyone I can including the Secretary of Veterans Affairs to see if I can get it expedited. Anyone know of this or has went through this. What can I expect and any advice> Thanks.
CAN SOMEONE HELP ME MAKE SENSE OF THE RESULTS OF MY C&P EXAM FOR IU?
LOCAL TITLE: COMP & PEN MENTAL HEALTH/PSYCHOLOGY EXAM STANDARD TITLE: PSYCHOLOGY C & P EXAMINATION CONSULT
DATE OF NOTE: SEP 07, 2018@09:00 ENTRY DATE: SEP 10, 2018@13:29:26
AUTHOR: HILBORN,ROBERT S EXP COSIGNER: URGENCY: STATUS: COMPLETED
(other than PTSD and Eating Disorders)
Disability Benefits Questionnaire Name of patient/Veteran: Derick
Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination
[X] Yes [ ] No
SECTION I: ----------
a. Does the Veteran now have or has he/she ever been diagnosed with a mental
disorder(s)? [X] Yes [ ] No
ICD code: Bipolar I Disorder
If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses:
Mental Disorder Diagnosis #1: Bipolar I Disorder Comments, if any:
The Veteran is currently service connected at 70% for Bipolar Disorder. He was not diagnosed with Bipolar Disorder until after service, though he has several markers identified during service, including periods of
3. Occupational and social impairment -------------------------------------
a. Which of the following best summarizes the Veteran's level of occupational
and social impairment with regards to all mental diagnoses? (Check only one)
[X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood
b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder?
[ ] Yes [ ] No [X] Not Applicable (N/A)
For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses:
[X] Depressed mood
[X] Near-continuous panic or depression affecting the ability to function
independently, appropriately and effectively
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
[X] Difficulty in adapting to stressful circumstances, including work or a worklike setting
The veteran verbally consented to the exam and did not express any concerns.
The Veteran currently meets DSM-5 criteria for a diagnosis of Bipolar Disorder that is more likely than not caused by or a result of his military service, given obvious markers for Bipolar Disorder during service, and no reported mood symptoms or treatment thereof prior to service. His mood symptoms impact his ability to function effectively. As such, his current
level of impairment is best described as, occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, and mood.
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
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.
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)
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.
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!
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 ByJoey Ross,