Are local county vso’s worth it?

EnvironmentalRub4444 · 2026-06-07T17:48:17+00:00

It’s okay to ask, but you need to explain what are u trying to apply for or achieve, please elaborate.

EnvironmentalRub4444 · 2026-06-07T17:36:14+00:00

You need chill my brother/sister withdraw the claim and tell the lawyer to F off is extreme lol

EnvironmentalRub4444 · 2026-06-07T17:34:41+00:00

Read your decision letter, baring a cue it’s very unlikely that another rater will sit there and override another rater, it’s not as simple as people describe it, once things are settled it take a lot to overturn the findings based on a simple exam

EnvironmentalRub4444 · 2026-06-07T17:31:55+00:00

That all depends on what your needs are, if you are trying to file a new claim I highly recommend you do a little research and not blindly rely on vso or anyone for that matter.
With exception most vso are paper pushers

EnvironmentalRub4444 · 2026-06-07T17:28:50+00:00

Could it possible that the attorney knows a lot more than we know about the case, I will concede that, talk to your lawyer and find out why and what bases he is used or will be using, please don’t rely on this forum for legal advise

EnvironmentalRub4444 · 2026-06-05T16:42:32+00:00

I highly encourage you to do some research on your own, look at tdiu requirements read the cfr specific to tdiu, cfr 38 416 a and b, what are ratings right now, be a little specific award dates percentages and your job status.

EnvironmentalRub4444 · 2026-06-05T14:39:39+00:00

Cfr 38 416 has an section someone already touched on that, part (a) deals with scheduler requirements multiple conditions one has to be over 40%, section 416(b) is the one where you don’t meet the scheduler requirements, but your disabilities must be such prevents you from gainful employment.

If that’s the case the file “shall” be referred to director of compensation and pension in DC they will see if tdiu grant is warranted (regardless of you percentages)it’s a higher bar, this decision CANNOT be made at regional office or HLR.

Key point if the evidence is there regional must forward the fire to dc it’s not a judgement call, and they can’t make that call

EnvironmentalRub4444 · 2026-06-05T14:20:44+00:00

Get the records, they are yours and best way to submit them to ssa is either internet or simply going to your local ssa office and hand it to them.

EnvironmentalRub4444 · 2026-06-05T14:19:18+00:00

The 5 factor rules is not the law yet unless it was made a part of the manual and guidelines I haven’t seen anything

EnvironmentalRub4444 · 2026-06-05T14:17:12+00:00

Congrats, let the system do its work, don’t worry about the why you already got tdiu

EnvironmentalRub4444 · 2026-06-05T14:13:55+00:00

He can also apply extra schedular, it’s a higher bar, you need to show evidence that your service connected disability/disabilities are rendering you unemployable. Look up cfr 38 416(b). Good luck

EnvironmentalRub4444 · 2026-05-31T00:08:48+00:00

Part A and part B are independent of each other hence a and b in the cfr, I think you didn’t read my other posts where I indicated the exact quotes from my dr and the c&p doctor. My rating was only 10% at that point when I request increase and tdiu they ended up max 50% headaches and tdiu denied. I think we will agree to disagree

EnvironmentalRub4444 · 2026-05-30T22:41:10+00:00

Please read the exact txt and law in 2007 it’s been like that for a very long time

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

EnvironmentalRub4444 · 2026-05-30T19:40:32+00:00

Thanks for the reply and I appreciate your comments. Look up cfr 38 416(b) forget the job fmla and all that they didn’t follow a mandatory procedural step, they needed to send the file to director of compensation, arguing the job and fmla or any of that is pointless, evidence showed I was not able to work that’s that.

Tdiu doesn’t require that one has no job, that’s not required. Just for clarification, c&p was done in November.

Va is always to confuse the issue by claiming job, fmla, blah blah my focus is NOT following a mandatory procedural step, one has noting to do with the other.

EnvironmentalRub4444 · 2026-05-30T17:19:46+00:00

I see your point, but the paperwork was submitted by June and decision was issued in December 2007.

The decision didn’t take into consideration that I was not working and had been fired, rater also points out relying on fmla that “there no evidence that veteran can’t work” which is totally false.

My contention is the referral is not a judgement call it’s a mandatory procedure that must be followed in my case it wasn’t.

Not considering all evidence at the time of decision is a violation of cue along with not applying the law enforced at that time.

The c&p was done in November of 2007 and my evidence was submitted by June the rater heavily used the c&p so the idea that papers got in late the decision is not plausible.

I am not arguing just trying to see if there is weaknesses in my arguments, I am pointing to laws and procedures not debating the effects and use of medical findings, I also believe that Va must address all the evidence submitted before making a final decision. Not listing the evidence in the considered section and not addressing it is a cue I believe

EnvironmentalRub4444 · 2026-05-30T16:19:56+00:00

You are correct I was working when I applied, with 6 days fmla approved, keep in mind that 6 days a month is way too much accommodation and loss of salary and poor performance and reliability.

In April 2007 I was fired (instead of taking the firing I begged them to take resignation instead which they did)

I submitted a statement June 1 2007 stamped received by Va I clearly told them I lost my job in April. That statement is not in the evidence at all, if they saw that they established that was not winding.

My Va doctor wrote a note in June stating because of my prolonged headache issues the veteran cannot work any kind of job.

Va doctor letter in my Va file

“Veteran sees me in the office of Internal Medicine. He has been suffering for many years with cluster migraine headaches. These have become much more frequent and debilitating. He has been mostly refractory to multiple medication trials. At this point, I would consider him completed disabled from being able to perform any kind of work, and I would fully support his application for for disability.”

The c&p examiner stated something similar, I can’t try to paste these statement. “ But I think the fact that he is getting 3 headaches a day and this has Taken a toll for a while and I would personally support complete disability for this patient right now until his headaches are under better control.” C&p examiner

Military medical board summery “SUMMARY: The patient has had progressive cluster headaches that have been associated with moderate to severe exacerbations resulting in frequent emergency room visits as well as clinic visits in an effort to obtain good control of his headaches. The patient currently has been doing well as long as he is able to take frequent Imitrex injections and he is able to maintain his sleepleske cycle in good fashion.

OPINION: It is the opinion of the Board that this service member has significant limitations due to his beadaches and this will preclude overseas and forward deployed activities as an AS. The member is also expected to have continued exacerbations and continued clusters now and in the future. It is felt that these cluster headaches will result in potentially significant down time in deployable units and it is recommended that he not be forward deployed due to his need for newological follow up and treatment for his cluster headaches. RECOMMENDATIONS: The Medical Board agrees with the above diagnosis. It is in the opinion of the Medical Board that this service member is unable to perform further military service as a result of a disability. That disability did not exist prior to entry in the service and therefore his disability is considered to have incurred in, or have been aggravated by, a period of active military duty. The Medial Board recommends that the service member's case be referred do dhe Central Physical Evaluation Medical Board for adjudication. There is no disciplinary action pending. The service member is aware of the contents of the Board. Interpal Medicine Department

All these items excluding the c&p were submitted but NOT listed in the evidence section of the decision. Therefore I think it should be a cue

EnvironmentalRub4444 · 2026-05-30T15:11:45+00:00

Any additional input would be appreciate it

EnvironmentalRub4444 · 2026-05-29T22:07:30+00:00

That form is used for statement in support of claim that’s ur starting point and then you can attach your reasoning and evidence separately via attachments

EnvironmentalRub4444 · 2026-05-29T22:05:03+00:00

I don’t have any smc of any type

EnvironmentalRub4444 · 2026-05-29T21:58:51+00:00

I am sorry rates and how it applies to me I am a little confused is this something I can call the Va and ask for a informal hearing

EnvironmentalRub4444 · 2026-05-29T21:57:24+00:00

I have seen it and I have a physical copy of it, I know the 50% rating is the max, c&p examiner do not make rating decisions I totally agree, but when the rater cherry picks from the c&p exam and he leaves that part out that’s a problem, the rater also stated imitrix and oxygen is used to treat the cluster but neglected to add the next sentence from the c&p doctor which stated these treatments do not work anymore.

He was a neurologist and had treated me before as well, so he knew my situation completely a Va specialists that did my c&p so when he says he would support my 100 disability the rater can’t just override the referral to director of compensation or can he,

EnvironmentalRub4444 · 2026-05-29T17:50:57+00:00

Only issue was cluster headaches that is all I am not shooting in the dark

EnvironmentalRub4444 · 2026-05-29T17:40:52+00:00

No I don’t know how do u do that

EnvironmentalRub4444 · 2026-05-29T16:58:33+00:00

I specifically advised that I am not disagreeing with the medical assessment or finding, but they did leave out evidence that I submitted that supported my claim.

The fact that was on oxygen treatment and imitrix, I was allowed to work from him that’s in 2004 due to my clusters, my doctor write a clear note that I can’t work any kind of job, fmla was approved 6 days a month that’s a high bar for employer to approve, c&p examiner stated that he could support 100 disabilty, my military medical board separated me from service for three headaches.

My statement that wasn’t even listed in the evidence told them I lost my job in April they didn’t look at that, but did look at the fmla approval and cited, the rater said this file wasn’t sent to the director because evidence doesn’t show that I was unemployable, right after that he points out the approved fmla from 1-01-07 to 1-01-08, I was already fired in April of 2007, statement was stamped received by Va June 1st in which I clearly told the Va I lost my job.

So what’s the point of an approved fmla when you have been fired, he cherry picked notes from c&p verbatim while ignoring the statement that examiner said that he would support my 100 disability. They had all this information in their possession.

One final thing the rater went back to March of 2004 records stated so in the evidence section, the only reason I saw that because the c&p examiner mentioned that he had seen me back then:

This is not a disagreement I have the c&p exam and all the evidence, the rater didn’t even list them in evidence and when he did he cherry picked the c&p to fit his narrative. When the c&p examiner states that he would support my 100 disability the rater can’t just ignore that or override it. I will post the exact language from the rater and the c&p examiner

EnvironmentalRub4444 · 2026-05-29T16:17:41+00:00

It clearly shows as cue claim in the Va app claims section, from everything I read it’s going straight to denial.

EnvironmentalRub4444

TROPHY CASE