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TBI claim for SMC-T

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scarf

Question

I am 100% P&T for PTSD and I just currently filled a new claim for residuals of TBI for SMC-T. I worked under 100% P&T; however, I stopped working due to dealing with the residuals of my TBI. VA just updated my claim for me to complete a TDIU form. Will this jeopardize my P&T status already for PTSD?

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Lawyers look for such items...while "informal claims" are no longer permitted, it does not mean that, if you made such an informal claim in the past, prior to Feb. 2019, that the VA can just ignore it..it means to YOU that you can get an earlier effective date, because that informal claim can become "the claim date".  

It worked for me, resulting in a significantly earlier date, and applicable RETRO$$$

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So far, at least, this rating specialist is not trying to "hunt you down" for a reduction, but, instead is complying with the mandate the VA maximize your benefits.  

Its a sad day when Veterans, out of a fear of rating reductions, do everything in their power to prevent VA from maximizing your benefits.  

Yea, YOU can prevent this from withdrawing the claim, but, why would you do that if it could result in more retro?  Fear should be saved for the battlefield..dont fear a ghost.  

 

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7 hours ago, Mr cue said:

Now if no one see a problem with this I don't understand.

No, you don’t understand. I just posted that I am and was already rated as a 100% schedular P & T veteran and the VA asked me to complete a VA Form 8940/TDIU form. I did not say that the VA was trying to help me. We do not know, maybe it was a stall tactic to cause more delays, who knows, and I really don’t care. My point is once again you are trying to paint the picture that you know and reviewed the veteran’s records, and you have full knowledge of VA’s regulations, and the bottom line is that you don’t.

IMHO (IN MY HUMBLE OPINION) when a veteran files a claim then for whatever reasons withdraws the claim is a red flag. Even if the veteran did not file the claim and the VA did, it still says something is off and the VA should take a closer look. You state that you would withdraw the claim like you withdrew your claims and landed you on the hamster wheel between the CAVC and the BVA. In plain language you are still telling veterans this is the right way, yet you have been on this wheel for quite some time trying to get it fixed. So, you are telling veterans to follow your advice and do what you did and most likely they will end up in the same particular situation.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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42 minutes ago, pacmanx1 said:

No, you don’t understand. I just posted that I am and was already rated as a 100% schedular P & T veteran and the VA asked me to complete a VA Form 8940/TDIU form

See you alittle upset today I will leave it at that.

Because you and your gang keep try to pull me it y'all little block him games.

You are right I am wrong does make you feel better lol

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QUE you are wrong. Broken maybe you can give some input hear. 

When I filed a 21-0995 with new evidence to counter the VA's low ball ratting on my knees and hips. (One of the same knee that Community Care replaced 3 Mo. latter.) The independent IMO gave an opinion about about my right shoulder and right wrist that dated back to 1981 because I ask him to.

Right after they changed the ratings on my knees and hips. The VA sent me a letter on 12-26-22 asking me to fill out a 21-526EZ to open a new claim for my right shoulder and right wrist. There is some BVA and CAVC rulings that when the VA finds evidence in the veterans record of a possible claim for service connection they have to employer it.

As a side note I was not ready to reopen the 1981 claim for right shoulder and right wrist as I was going to file a 21-0995 with new evidence. (With my private IMO & DBQ's) I filed the first 21-0995 on 1-8-23 to reopen the 1981 claim 3 days latter the VA closed the claim demanding I file a 21-526EZ. I added an expiation on a 21-4138 and refiled on 1-18-23. The VA did the same thing a few days latter. After a call to the WH hot line and re-filing again on 1-28-23 along with a 21-0995 HLR it is pending a decision.

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