Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 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.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • 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
  • Advertisemnt

Sign in to follow this  
jason

Ut - Utah Veterans Benefits

Recommended Posts

The Utah Department of Veterans Affairs website is under construction. Here is its link: Veterans.Utah.Gov. This site had information, though.

UTAH STATE VETERANS BENEFITS FACT SHEET

Serving Utah's 161,000 Veterans

Updated April 2004

Published by:

Utah State Division of Veterans Affairs

550 Foothill Blvd Rm 202

Salt Lake City, Utah 84113

Salt Lake City Area Phone Number

801-326-2372 fax 801 326 2369

Statewide Toll Free Number

800-894-9497

E-mail

tschow@utah.gov

Web Page

www.ut.ngb.army.mil/veterans

PROPERTY TAX ABATEMENT:

A Utah permanent place-of-residence property tax exemption equivalent to the military service-connected disability rating percentage is provided for disabled veterans or for their unremarried widows or minor orphans. Veteran's disability rating must be at least 10%, max. property tax exemption at 100% military service-connected disability rating: $82,500. Example: 10% disability X $82,5000 = $8,250 tax abatement. (Utah Code 59-2-1104 & 1105)

Note: To apply for Utah Disabled Veterans Property Tax Exemption, request VA Form 20-5455 from U.S. Dept. of Veterans Affairs (VA) at 800-827-1000, then file VA Form 20-5455, along with a copy of the veteran's U.S. Military active duty release/discharge certificate or other satisfactory evidence of eligible military service, and the tax exemption application, on or before September 1st, to the applicable county treasurer, tax assessor or clerk/recorder located in the county courthouse or county government building of each county seat

DRIVERS LICENSE PRIVILEGES:

Driver licenses possessed by persons on U.S. military active duty shall be valid 90 days after active duty discharge, unless driver licenses are suspended or revoked for cause by a police department or other judicial entity. (Utah Code Vol 2, Section 41)

VETERANS LICENSE PLATES:

Utah veterans license plates may be purchased for an initial $25.00 voluntary contribution for the Utah State Division of Veterans Affairs, plus a $10.00 plate transfer fee, in addition to normal registration and property tax fees, at Utah Tax Commission/Motor Vehicle. There will also be a yearly $10.00 renewal fee. Proceeds from the sale and renewal of these plates help to fund veteran programs within the state. Utah veteran's license plates display colored decal emblems of the U.S. military branch in which served (Air Force, Army, Coast Guard, Navy, Marines as well as the American Legion) and are further inscribed "UTAH HONORS VETERANS". Utah special group license plates for Purple Heart recipients, Pearl Harbor Survivors or former POW's are exempt of application and renewal fees: however, regular registration and property tax fees still must be paid. Proper evidence to present for special group plates includes Military Order of the Purple Heart or Pearl Harbor Survivors Association membership cards, or DD-214 (& equivalent WD AGO 5355) military discharge certificates.

NOTE: You need not wait until renewal time to purchase the license plates. (Utah Code Vol 2 Section 41: Utah State Tax Commission/Motor Vehicle regulations)

DISABLED LICENSE PLATES / WINDSHIELD PLACARDS:

Disabled license plates having the blue & white international symbol of accessibility decal may be obtained by submitting a TC 842 application form, accompanied by licensed physician certification stating: (1) the disability limits or impairs ability to walk as defined in the 1991 Federal Uniform System for Handicapped Parking, and

(2) the time period the physician determines the disability will continue. Disabled veterans applying for Utah disability license plates especially should note that veteran disability letters from the VA Regional Office are not acceptable evidence to Tax Commission/Motor Vehicle offices. However, licensed physician certifications by VA doctors are acceptable evidence, provided the following is stated in the letter:

(1) the disability limits or impairs ability to walk as defined in the 1991 Federal Uniform System for Handicapped Parking, and (2) the time period the physician determines the disability will continue. Normal fees for plate transfer, registration, and property taxes still must be paid upon initial application and renewal of disability license plates. Upon request, one additional disability windshield placard may be issued to disabled persons applying for or already possessing disability special group license plates. For more information, telephone toll-free 800-DMV-UTAH. (Utah Code vol 2 Section 41.)

DISABLED PARKING PRIVILEGES:

Disabled persons (including disabled veterans) may park an appropriately marked vehicle for reasonable periods without charge in metered parking zones or in restricted parking areas (spaces clearly identified by the international symbol of accessibility as reserved for disabled persons.) Only vehicles appropriately marked with disability special group license plates or disability windshield placards hung from the front windshield rearview mirror attachment may legally park in accessible (disabled) parking spaces. (Utah Code Vol 2, section 41)

VETERANS JOB REPRESENTATIVES:

Local Veterans Employment Representatives (LVER) and Disabled Veterans Outreach Person (DVOP) are located statewide in the larger employment offices of the Utah Dept. of Workforce Services. They provide intensive employment related services for targeted veterans: referral to job opportunities, resume writing, referral letters, veteran's preference, employment counseling, etc. Please see attached list of veterans' reps. (Utah Code Vol 2 Section 35

VETERANS JOB PREFERENCE:

Eligible veterans or un-remarried spouses are granted either 5 or 10 points, as applicable, for employment preference, added to the results of any written &/or oral exam or other related qualifying technique, by any Utah government entity (state, county, municipality, special district or other political subdivision or administration.) The U.S. Dept. of Labor will protect the veteran's rights to the Veterans Job Preference. (Utah Code Vol 3, Section 71 )

VETERANS HIRING PRIORITY:

Any officers, agents or representatives of the state, or any contractor performing work for Utah state government, who willfully fails to hire a military veteran shall be guilty of a misdemeanor. (Utah Code Vol 3, Section 71)

MILITARY LEAVE :

Utah state, county or municipal government employees, who are members of the organized reserve/ national guard, are allowed full pay for 15 days of military leave per year for annual military encampment. Military leave is in addition to and distinguished from annual accrued vacation leave with pay. (Utah Code Vol 3 Section 67 & USERRA federal Uniformed Services Employment & Reemployment Rights Act.)

VETERANS REEMPLOYMENT RIGHTS:

Veterans and members of the National Guard and Reserves may be eligible for reemployment with their civilian employers it they meet certain requirements under the Uniformed Services Employment & Reemployment Rights Act (USERRA). USERRA also provides protection against discrimination in employment because of service in the uniformed services (Title 38, chap 43 USC). Inquiries regarding reemployment rights should be directed to the U.S.D.L., Veterans Employment & Training Services (801-524-5703) (Utah Code Vol 3, Section 67 & USERRA federal Uniformed Services Employment & Reemployment Rights Act, as amended.)

UTAH STATE DIVISION OF VETERANS AFFAIRS:

The Utah State Division of Veterans Affairs located at 550 Foothill Blvd. #202 Salt Lake City, Utah 84113, on the corner of Wasatch & Foothill on the VA Medical Center Campus. The mission of the office is to provide counsel, assisting veterans and dependents in claims processing and establishing rights to state and federal benefits, along with providing information and advisory services. Veteran service officers under contract provide an outreach assistance program to rural Utah veterans, in conjunction with the Utah State Division of Veterans Affairs. DD-214's U.S. active duty military service discharge certificates are on file in the office for veterans discharged after 1980,record) or with a Utah forwarding address at the time of release from active duty. New legislation in 2000 changed the office to the Utah State Division of Veterans Affairs, effective 01 July 2000. (Utah Code Vol 2, Section 39 & Utah Code Vol 3, Section 71.) As of July 2001, the Utah State Veterans Cemetery & Memorial Park came under the direction of the Utah State Division of Veterans Affairs. As of July 2002, the Utah State Veterans Nursing Home came under administration of the Utah State Division of Veteran Affairs.

UTAH STATE VETERANS NURSING HOME:

The first Utah State Veterans Nursing Home, located by the VA SLC Healthcare System (veterans hospital), phone 801-584-1900; fax 801-584-1960, address, 700 Foothill Blvd, SLC, Ut 84113-1104, was dedicated on 22 April 1998 and became operational in May 1998. Quality nursing and health care services are provided for Utah veterans with U.S. military service during peacetime or wartime. While wartime service is not a requirement for admission to the nursing home, wartime veterans with one day or more of wartime service, as recognized by state and federal laws, have top priority. A veteran's spouse or surviving spouse may also qualify for admittance to the Utah State Veterans Nursing Home, providing the marriage to the veteran occurred at least one year before the application. (Utah Code Vol 2, Section 26)

UTAH STATE VETERANS CEMETERY & MEMORIAL PARK:

Located at 17111 Camp Williams Road in Bluffdale, phone number, 801-254-9036, fax number 801-254-5756. This states veteran's cemetery generally follows the eligibility requirements of VA National Cemetery System, including: any U.S. Armed Forces active personnel dying while performing duty or after having served during wartime. Reservist and National Guard retired personnel with 20 years of service are eligible for burial also. Surviving spouses and dependent children also are eligible to be buried in the Utah State Veterans Cemetery & Memorial Park, under rules established by the state of Utah. Authorized in 1988 by act of the Utah State Legislature, dedication occurred on Memorial Day, 1990. Veterans are not to be buried in any portion of any cemetery or burial ground used for paupers; cities, towns, counties or other political subdivisions of the state of Utah may provide proper sites for burial of veterans. (Utah Code Vol 3, Section 71)

MILITARY DISCHARGE RECORDS:

Utah State Archives has military discharge records for Utah (ACTIVE DUTY) veterans from territorial times (1849-1895) through 1979. The phone number for the archives is (801-538-3013) U.S. military service records on file will be copied by Utah State Archives for a small fee. Utah State Division of Veterans Affairs has active duty only U.S. military service DD-214's for Utah Veterans from 1980 to the current year. DD-214 certified copies are provided free of charge; toll free 800-894-9497. Utah National Guard Headquarters in Draper, Utah maintains file copies of National Guard bureau NGB 22 "record of separation" certificates for completed service in the Utah Army National Guard & Utah Air National Guard (1950-present). NGB 22 certified copies are free of charge; phone 801-523-4534. NOTE: For many years, veterans were encouraged to place their DD-214 on file with their local county recorders office. We no longer recommend this practice because of security issues. (Utah Code Vol 1, Section 17 & Vol 3, Section 71)

FREE USE OF ARMORIES:

Organizations of war veterans are entitled to have free use of state of Utah armories as meeting places, provided such use shall not interfere with the use of armories by the National Guard or organized militia of Utah. (Utah Code Vol 3, Section 71)

FISHING LICENSE PRIVILEGES:

Utah Disabled Veteran Fishing Licenses are available for Veterans, free of charge, from the Utah Division of Wildlife Resources. To qualify a Veteran must have obvious physical handicaps, such as, permanently confined to a wheelchair, paraplegic, minus at least one limb, permanently requiring crutches, blind or otherwise permanently disabled. (Utah Code Vol. 1, Section 23)

SPECIAL FUN TAGS:

Free of charge to disabled veterans, other disabled persons, and persons 62 & over are Utah Special Fun Tags, which allow free admission to most of the 44 state-controlled parks, campgrounds and other recreation areas throughout Utah. The Utah Special Fun Tags also allows a $2.00 off, camping fee discount Monday through Thursday, excluding holidays. Utah Special Fun Tags are available to disabled veterans upon application to the Utah Division of Parks and Recreation, along with a VA letter documenting 10% or greater military service-connected disability rating. Please call the State Parks and Recreation office at (801) 538-7220 to have an application mailed to you. (Utah Code Vol 1, Section 23)

BUS / TRAX REDUCED FARE CARDS:

Greatly discounted fares (65% reduced) to ride Utah Transit Authority (UTA) busses and TRAX light rail system are available for veterans meeting these criteria: Forty percent (40%) or greater military service-connected disability rating by VA or Eligibility for VA non-service connected pension: or Regardless of disability pct. Rating for veterans & others with transportation disabilities causing either: difficulty boarding or alighting from a bus/light rail system, difficulty standing in a moving but/light rail system, difficulty reading bus/light rail system schedules & understanding information signs, difficulty hearing announcements by bus/light rail system, or difficulty hearing announcements by bus/light rail systems operators.

Persons receiving Social Security Disability benefits, SSI, or Medicare also my get UTA Reduced Fare Cards. Elderly persons age 65 and over qualify for Senior Passes at the same price as Reduced Fare Cards. To obtain UTA Reduced Fare Cards for .50 cents regular fares or $18.00 monthly fares, do the following: 1. Go to either UTA location at 167 S. Main St. or 3600 S. 700W. in SLC, 2. Complete UTA Reduced Fare Card application form, 3. Present evidence (a VA letter verifying service connected disability rating or non service connected pension, 4. pay $2.00 for UTA photo identification to incorporate on UTA Reduced Fare Card. (Utah Code Vol 4 Section 72, Utah Transit Authority Regulations & U.S. Transportation Regulations)

GOLDEN ACCESS PASSPORT:

A lifetime entrance pass to most national parks, monuments, historic sites, recreation areas, and national wildlife refuges that charge an entrance fee. The Golden Access Passport admits the pass holder and any accompanying passengers in a private vehicle. Where entry is not by private vehicle, the passport admits the pass holder, spouse, and children. The Golden Access Passport also provides a 50% discount on federal use fees charged for facilities and services such as camping, swimming, parking, boat launching, and cave tours. It does not cover or reduce special recreation permit fees or fees charged by concessionaires. A Golden Access Passport must be obtained in person at any federal area where an entrance fee is charged or at one of the agencies administering the Golden Access Passport. It is available to citizens or permanent residents of the United States who are medically determined to be blind or permanently disabled. Veterans may obtain a passport by showing proof of a medically determined permanent disability or eligibility for receiving benefits under federal law. A letter from the Department of Veterans Affairs stating the veteran's disability rating will suffice. Agencies administering the Golden Access Passport are Bureau of Land Management, Fish and Wildlife Service, Bureau of Reclamation, Army Corps of Engineers, National Park Service, and Forest Service.

COMMUNITY BASED OUTPATIENT CLINICS:

Following is a list of the clinics that provide medical treatment to veterans. It is recommended that you contact the clinic to ascertain the requirements of the clinic.

Ogden: 982 Chambers St., S. Ogden, UT 84403, 801- 479- 4105.

Roosevelt: 210 W. 300 N. Roosevelt, UT 84066, 435-722-3971,

Orem: 740 W. 800 N. Ste. 440, Orem, UT 84057 801-235-0953,

St. George: 1067 E. Tabernacle, St. George, UT 84770, 435-634-7608,

Nephi: 48 W. 1500 N., Nephi, UT 84648, 435-623-3129,

Fountain Green: 300 W. 300 S., Fountain Green, UT,435-623-3129,

Milford: 451 N. Main, Milford, UT, 435-623-3129.

For further information on the clinics, please contact the VA Hospital at 1-800-613-4012.

GENERAL INFORMATION:

The Veterans Administration Regional Office (VARO) has re-located to a new building on the campus of the VAMC (VA Hosp.) in Salt Lake City, UT. VARO's new address will be,

550 Foothill Blvd., SLC. UT 84158.

You will still be able to contact the VA by calling 1-800-827-1000.

VA HOSPITAL:

The VA-SLCHCS, (VA Hospital) is located 700 Foothill Blvd, Salt Lake City, UT. They can be reached by calling 801-582-1565 or toll free from within Utah, at 1-800-613-4012. By calling either number, you will be able to access any department that you may need.

The Salt Lake City "Vet Center" is located at 1354 E. 3300 S., SLC, UT. They can be reached at 801-584-1294, or toll free from within Utah at 1-800-613-4012 ext. 1294.

The Provo "Vet Center" is located at 750 N. 200 W., Provo, UT. They can be reached at 801-377-1117 or toll free from within Utah at 1-800-246-1197. Both centers provide counseling and referral services especially designed for "war era" veterans. They also provide an extensive "out-reach" program aimed at helping the men and women who proudly served their country.

HOMELESS VETERANS FELLOWSHIP:

The Homeless Veterans Fellowship is located at 541 23rd St., Ogden, UT. They can be reached at 801-392-7662. HVF provides transitional housing for up to eighteen months for veterans. They can also provide emergency food bags and personal hygiene items. Coffee and donuts provided during open hours.

VALOR HOUSE:

Located on the campus of the VA Hospital, in Salt Lake City, UT, the Valor House provides transitional housing for homeless veterans for up to two years. There are a total of 60 beds available. For more information regarding this program, please contact Rich Landward at 801-582-1565 ext 42703. You can also access the Hospital by calling 1-800-613-4012.

VETERANS UPWARD BOUND:

Located on the campus of Weber State University in Ogden, UT. They provide a valuable service to veterans in that they assist veterans in obtaining admission to post secondary schools. All of the services provided by VUB are free to the veteran. They will provide tutors to veterans in Ogden and Salt Lake City. For more information, please contact James Kopecky or Natalie Rose at 801-626-7173

Outreach Services:

The Division of Veterans Affairs thru contract with service officers from local Veterans Service organizations provides assistance and information to veterans and their families in filing claims for VA or other veterans' related benefits. The service officers travel the state on a monthly basis meeting with veterans, who are unable to travel to Salt Lake City, at various Department of Workforce Services locations throughout the state. For a schedule contact the Division Offices at 1800 894 9497.

Attention Purple Heart Recipients:

The 2004 Utah State Legislature passed a bill into law, which requires Utah institutions of higher learning to waive the tuition of a Utah resident admitted to an undergraduate program of study leading to a degree or certificate, if the student has received a Purple Heart as a result of military service.

NOTE: This takes effect July 1, 2004

ANY OTHER QUESTIONS, CONCERNS, IDEAS, OR COMPLAINTS, PLEASE FEEL FREE TO CONTACT OUR OFFICE AT 801-326-2372 OR TOLL FREE FROM WITHIN UTAH AT 1-800-894-9497.

Pasted from <http://utvet.com/Utahvetsbenefits.html>

Share this post


Link to post
Share on other sites

!!!UPDATE!!!

Property Tax Abatement

A Utah permanent place-of-residence property tax exemption equivalent to the military service-connected disability rating percentage is provided for disabled veterans or for their unremarried widows or minor orphans. Veteran’s disability rating must be at least 10%. The maximum property tax exemption, rated at 100% military service-connected disability, is $214,263. To figure out how much your tax abatement will be multiply your percentage of disability by 214,263. Example: 10% disability X 214,263 = $21,426.30 tax abatement. To apply for Utah Disabled Veterans Property Tax Exemption, request VA Form 20-5455 from U.S. Dept. of Veterans Affairs (VA) at 1-800-827-1000, then file VA Form 20-5455, along with a copy of the veteran’s U.S. Military active duty release/discharge certificate or other satisfactory evidence of eligible military service, and the tax exemption application, on or before September 1st, to the applicable county treasurer, tax assessor or clerk/recorder located in the county courthouse or county government building of each county seat. NOTE: Effective January 1, 2008 disabled veterans will only be required to file for property tax abatement one time. After the initial filing it will automatically renew each year. However, veterans will have to re-file if all or a portion of their abatement is used towards tangible personal property, if their service-connected disability percentage changes, the veteran dies, sales the property or no longer claims that property as their primary place of residence. (Utah Code 59-2-1104 & 1105)

Share this post


Link to post
Share on other sites

To shorten it:

Utah is very UNfriendly to veterans.

Am in Utah now and plan on moving to NV or AZ...maybe even FL - very veteran friendly states.

Our fixed income has to be stretched as much as possible and your vet dollars in Utah don't go far.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • 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
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines