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It looks like my battle with the VA has finally come to an end. I never gave up fighting. I was recently granted service connection for Obstructive Sleep Apnea at 50% at the regional office level. This now puts me at a combined "90% Schedular with TDIU." That was the last claim that I had pending with the VA. The VA has also sent me several additional forms with my award letter that I was not expecting. These forms are as follows:
1. VA Form 21-8760: ADDITIONAL INFORMATION FOR VETERANS WITH SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY
2. VA Form 22-5490: DEPENDENTS’ APPLICATION FOR VA EDUCATION BENEFITS (Under Provisions of chapters 33 and 35, of title 38 U.S.C.)
3. VA Form 21-686c: NOTICE TO BENEFICIARY / CLAIMANT REGARDING THE INFORMATION AND EVIDENCE NEEDED TO SUPPORT A CLAIM FOR ADDITIONAL BENEFITS FOR A DEPENDENT OR TO REMOVE A DEPENDENT FROM AN AWARD
Note: The application form is also attached with my award letter: “APPLICATION REQUEST TO ADD AND/OR REMOVE DEPENDENTS”
4. VA Form 21-8764: DISABILITY COMPENSATION AWARD ATTACHMENT IMPORTANT INFORMATION
5. Fraud Prevention: Protect Your Benefits Form
Does this mean that they awarded me P&T? I am completely exhausted after this six year and two month battle and would like to take a short vacation from the VA claims process (mostly to focus on my health and have some semblance of a life). Fear not, I will continue to contribute to this website as much as my disabilities allow me to do so. I am eternally grateful to everyone on this forum and the priceless knowledge that is on Hadit.com. I will definitely be donating here again in the near future. Thanks again to everyone who contributes to this website. You guys are the real heroes!
Forgive me for the late post, as I actually got this decision at the end of July 2020. It took two months for it to sink in to my thick head. I was increased to 80% combined disability. Here is the kicker: the VA also awarded TDIU along with that increase. Even more surprising is this: this was a “regional office adjudication” and not a BVA appeal. At this point, I have had three decisions (the initial 50% award, which was then CUE’d and increased to 60% by a second decision. A subsequent increase was filed again and about 10 months later was increased again to a combined 80% with TDIU.)
All three of my decisions came from the regional office level and as of now, I have never been to the BVA. I know this gets said a lot on this website but I cannot stress this enough:
“Never. Ever. Give. Up.”
I hope this encourages someone out there to keep fighting the good fight. The TDIU I was awarded is not permanent, and I still have one more claim pending. Therefore, my fight with the VA will continue. It took me an initial five years to go from nothing to 50% and ten more months after that to go from 50% to 80% with TDIU, all at the regional office level. That is nothing short of a miracle in my humble opinion.
One more thing, I dropped another donation to Hadit.com. The information and wisdom on this website is truly a Godsend!!!
By Holllie Greene
Hi, I believe it is well past time to change my primary care doctor. Why? Hmmmmm, the doctor appears to be a flake who does not remember things I have told them. So my question is how does a Veteran request a new doctor without ruffling feathers? There is an epic rant involved with this situation but I will spare you all. 🤬
By Holllie Greene
I am so glad someone can shed some light on my current situation:
My MS is getting worse, I have been T & P since early 2003 and 2 years ago my dear husband quit his career to care for me. I have been considering filing for an increase (not counting on it but it would help so much).
I have doubts now I should file because twice people have told me the VA or CDVA will go thru your file looking for things. What are they looking for? I have not done anything fraudulent and there is no cure for MS.
Any advice will be appreciated.
Than you so much.
Hello Hadit members,
it has been a while since I posted. I believe that my last post was regarding an Earlier Effective Date NOD that I filed in 2015. I received the SOC last year, submitted my Form 9 this year, returned it and am now waiting to be certified to the BVA.
A little background:
I sent a letter requesting a discharge upgrade in 2015 at the same time that I submitted the NOD. However, I did not file the proper form and never got a response. This year, due to another process that is going on, my General Under Honorable - Personality Disorder discharge came up again. At that moment, I realized that although its seems that I have not been affected by the stigma attached to that reason, when it comes to official business, it does harm veterans.
The same day that I submitted the Form 9 for my appeal, I took the initiative to make copies and submit almost identical paperwork to the Board of Naval Corrections to have my discharge upgraded.
On June 11th, “in the interest of justice” a decision was made and I am now an honorably discharged veteran (characterization). The narrative is being changed to Secretarial Authority and the reinlistment code was changed to RE-1J (Eligible to reenlist but elected to separate). I did not receive the letter because it was sent to my old address, but after many calls, bad numbers and full mailboxes a wonderful lady took the time to speak to me and personally forwarded me the information last week.
I just want to say that I have spent countless hours online here at Hadit and other sites, reading BVA cases, reading WARMS, 38CFR’s, speaking to other veterans and watching Chris Attig and other videos on YouTube to get a good understanding of how the various processes work. I have decided that if I win this EED appeal then I will believe that I am able to help other veterans with their claims. I have done my share of sharing websites, videos and posting information on social media but I do not have the confidence to help on a larger scale. I am afraid that I will mess something up. Will I ever be a VSO? Probably not but at least I will be able to guide someone in the right direction.
I just wanted to write this to encourage others to never give up and keep fighting for what’s right. I know that we all have had struggles with the VA but do not give up. It took me over 21 years to get service connected and over 26 years to get up the nerve to apply for the upgrade. Please please do not give up. I have been a member of Hadit for almost 10 years and although I do not post much I am always on or sending others this way for help.
Love and hugs,
txcooper aka 1994 and counting
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,