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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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jason

Tx - Texas Veterans Benefits

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State of Texas Department of Veterans Benefits

EMPLOYMENT & REEMPLOYMENT

Wartime veterans have preference in employment with State agencies or offices, as do widows and children of those killed on active duty. State agencies must practice veterans' preference until they have reached 40% veteran employment. Non-retired veterans who are employed by the State of Texas are entitled to claim their active duty military time toward retirement, provided they present a proper request and pay to the Retirement System the specified amount of retirement contribution for up to 60 months' military credit. Such contribution is paid at the rate which was applicable at the time the employed veteran first was covered by the state Retirement System, plus any accrued interest. We have provided a link to the State Law regarding veterans' preference laws.

Additionally, a veteran is entitled to reemployment rights with his last employer when he is released from the Armed Forces of the United States, providing his absence is not longer than four years. The right of reemployment is available regardless of whether the veteran was, prior to service, employed by the State, county or city government, or by private industry. Reemployment rights of veterans are now provided by both State and Federal laws. We have provided a link to the State Law regarding reemployment rights.

TEXAS VETERANS LAND BOARD PROGRAMS

The Texas Veterans Land Board (VLB), a division of the Texas General Land Office, administers three veterans' loan programs: The Land Loan Program, Veterans Housing Assistance Purchase Program, and the Veterans Home Improvement Loan Program. We have provided additional information on our site and a link to the VLB website at http://www.texasveterans.org.

TEXAS STATE VETERANS HOMES

The Texas Veterans Land Board (VLB), a division of the Texas General Land Office, administers the Texas State Veterans Homes program. We have provided additional information on our site and a link to the VLB website at http://www.texasveterans.org.

TEXAS STATE CEMETERY PROGRAM

In the November 2001 statewide elections, voters overwhelmingly approved Proposition 7, a constitutional amendment that authorized the creation of up to seven state cemeteries for veterans and their eligible dependents. The cemeteries will be built and operated through a partnership between the Texas Veterans Land Board (VLB) and the U.S. Department of Veterans Affairs (USDVA). The USDVA will fund up to 100 percent of the construction and equipment costs. The state will own and operate the cemeteries and fund most of the cost of operations. For further information, please go to the VLB website at http://www.texasveterans.org.

NO COST MEDICAL RECORDS

Under the Health and Safety Code, Chapter 161.201 Subchapter M, Medical or Mental Health Records, Texas veterans are eligible for no cost medical records when they are obtained to file a claim for a disability against the U.S. Department of Veterans Affairs (USDVA). The health care provider or health care facility is not required to provide more than one complete record for the patient or former patient without charge. Also, it should be noted, that some medical facilities will charge a small administrative fee for obtaining the records.

FREE DRIVERS LICENSE FOR DISABLED VETERANS

Under Texas Transportation Code Title 7, Chapter 521, Section 521.426, Texas drivers licenses may be furnished free of charge to veterans who have service-connected disabilities rated 60% or more by the VA or by a branch of the Armed Forces of the U.S. Application must be made prior to the time present drivers license expires. Application forms may be obtained from Department of Public Safety's license examining offices located throughout the State. We have provided a link to the to the Texas Department of Public Safety's Drivers License information website. Application forms should be completed by the veteran and forwarded to the VA for verification of service-connected rating of 60% or more. If a veteran was disability-retired from military service and has no VA claim file, proof of disability must come from their respective branch of military service.

FISHING & HUNTING LICENSES FOR DISABLED VETERANS

Disabled veterans are eligible for special hunting and fishing licenses, at a reduced cost. A disabled veteran of the Armed Forces of the United States is one who has a service-connected disability, as defined by the Department of Veterans Affairs, consisting of the loss of use of a lower extremity or of a disability rating of 60% or more, and who is receiving compensation from the United States for the disability. A resident veteran as described in the law may hunt wild turkey and deer without a resident hunting license if he has acquired a resident exemption hunting license. We have provided a link to the Texas Parks and Wildlife website for your convenience.

FREE PARK ADMISSION FOR DISABLED VETERANS

Free admission to Texas State Parks is available to any veteran who has a service-connected disability, which is rated 60% or more by VA, or a service-connected disability, which has resulted in the loss of a lower extremity. Application may be made at the headquarters office of any Texas State park by providing satisfactory evidence of service-connected disability. If such evidence is not readily available, it can be obtained from the VA regional office where the claims folder is located. The Texas State Parklands Passport is available to any veteran who meets the disability requirements, whether or not he or she resides in Texas. The Passport provides only free admission to the State parks, and does not exempt anyone from payment of other charges, such as camping fees, etc. We have provided a link to the Texas Parks and Wildlife website for your convenience

FREE RECORDING OF DISCHARGES

Under Texas State law, Local Government Code Sec. 0192.002, the County Clerk in each County is required to record, free of charge, the official discharge of each veteran who served in the Armed Forces of the United States of America. This free service is very important as it provides veterans with a ready source from which they can obtain a certified copy of their discharge whenever it is needed. It is the veteran's responsibility to have the DD214 or Discharge recorded. Please also note that if you do record your DD214 with the County Clerk, it then becomes a public record. See "Safeguard Your Discharge (DD214)" in MS Word or Acrobat PDF. Also note that the Texas Veterans Commission does not keep a record of your DD214 or Discharge.

TAX EXEMPTION FOR VETERANS

Disabled veterans who meet certain requirements, their surviving spouses and the spouses and minor children of a person who dies on active duty in the U.S. Armed Forces are eligible for property tax exemptions on the appraised value of their property. The exemption is mandatory and applies to taxes levied by all taxing authorities in the State. A veteran, whose service-connected disabilities are rated less than 10% by the Department of Veterans Affairs, or a branch of the Armed Forces, is not entitled to a property tax exemption. For those rated 10% or more, the tax exemptions below apply:

Disability Rating

Tax Exemption

10% through 30%

First $ 5,000 of appraised value

31% through 50%

First $ 7,500 of appraised value

51% through 70%

First $ 10,000 of appraised value

71% or more

First $ 12,000 of appraised value

A veteran whose disability is 10% or more, and who is 65 years or older, is entitled to exemption of the first $12,000 of appraised value of property. A veteran whose disability consists of the loss of use of one or more limbs, total blindness in one or both eyes, or suffers paraplegia, is exempt on the first $12,000 of the appraised value of his property. A veteran who qualifies under more than one of the exemptions may not combine the exemptions, but may take the one providing the largest exclusion. The surviving spouse of a person who dies on active duty is entitled to exemption of the first $5,000 of the appraised value of the spouse's property. A surviving child of a person who dies on active duty is exempt on the first $5,000 of appraised value of the child's property, as long as the child is unmarried and under 21 years of age. The surviving spouse of a deceased veteran who, at the time of the veteran's death had a compensable disability and was entitled to an exemption, is also entitled to that exemption if the surviving spouse is unmarried. This law is administered at the local level by the various taxing authorities. For answers to questions about property values, exemptions, agricultural appraisal, and protests to the appraisal review board, or to apply for exemptions, obtain an application from your appraisal district. PLEASE NOTE: APPLICATION MUST BE COMPLETED BETWEEN JANUARY 1 AND APRIL 30

SPECIAL LICENSE PLATES

Disabled Veterans, Former Prisoners of War, Pearl Harbor Survivors, Purple Heart and Medal of Honor plates are among the special license plates available to eligible veterans and their survivors for personal use on their automobile or light commercial vehicle of one ton or less. Disabled veterans must have a service-connected disability rating of 50% or more or 40% due to amputation of a lower extremity. Former prisoners of war are eligible if they were captured or incarcerated by an enemy of the United States during a period of conflict with the United States and at the time of the capture, were citizens of the United States. Eligibility is for both former members of the Armed Forces and civilian U.S. citizens who were captured by an enemy of our government. For further information, contact either the nearest vehicle title registration office or your county tax office. We have provided a link to the Texas Department of Transportation's website for your convenience.

PARKING PRIVILEGES for Veterans with Disabilities; Congressional Medal of Honor Recipients and Certain Other Veterans

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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