broncovet

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broncovet last won the day on April 22

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About broncovet

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. It isnt stressful. I dont handle stress well, and I have been a hadit member for, like 10 years, after answering thousands of questions, and getting thousands of "likes". The site is ad supported, just like Yahoo mail, Google, and other free services. Tbird had spoke of a subscription type service, where you pay to remove ads. Similar to other sites, you either get ads or you pay. Cable TV was first started as "Ad free", that is, since you pay for cable you dont get ads. Well that went away, and even with subscriber paid cable, you get ads. About 6 months ago, when I became a moderator, Tbird removed my ads. However, I definately earned this as she knows I have answered thousands and thousands of questions with thousands of "likes". So, if you want ads removed you can either pay for it, or do well here and get promoted to mod. We can probably use more help, so feel free to study up VA laws and hadit, and get promoted. A great start is to not complain. You dont have to click the ads, you dont even have to read them. In my opinion the ads improve over time. You see, they figure out what you like, and what you dont, and they try to put ads up that pique your interests. For example, I searched on "Buick Park Avenue" for sale, for about 3 months. Now I get ads involving Buick park avenues for sale. (Since I bought a Buick Park Avenue, Im not interested any more.)
  2. Good answer, gastone. I dont think you need to worry about a "review" of your rating in 5 years with TDIU, that is, unless you start working again. Then you have a problem. Just fill in the form every year, even if VA fails to send it to you.
  3. I agree with Berta. I wish I had money for everytime I submit something to VA, and they deny they ever got it. It doesnt even matter that I have proof of mailing. Yea, I can rebut their presumption of regularity in appeals, but that takes years and they know it. So they get away with it every time. So, I suggest you tatoo this on your arm to remember it: Once you remember this, you are half way there.
  4. Try again, at a different time, with a different employee. This works with lots of stuff/
  5. The 24 year old "may" be eligible for Ch.35, depending on when your decision was, and when was its effective date. I suggest he or she apply, if interested in college. Ditto for the other 2.
  6. Good answer, MikeHunt. I applied for, and got a waiver of debt repayment, that was about 7 years or so ago. I just explained it was not my fault, VA sent too much money, that I had reported a dependent change promptly. And, I also explained how this would be a financial burden. I got the waiver.
  7. Congratulations!! Dont forget to check out the extra benefits, including those with your state.
  8. I will take a good guess. At my VAMC, whenever I check in to an appointment, they ask "if I have other insurance" That would be a great time to inform them, if you so choose.
  9. Your "reasons for decision" relevant to the issue denied or remanded, is usually only a few paragraphs. You can just retype it and leave out your name and identifing marks, such as a city. Also the docs name is probably not relevant, just "doc b" stated...... Most of a VARO decision cites regulations that we are largely familiar with. Sometimes it will cite a particular case law. The Court of Veterans Claims has repeatedly ruled that JUST because the RO says they complied with such and such reg, does not necessarily mean the CAVC will agree. The CAVC gets to interpret the regs and will decide if VA's interpretation is "arbritrary and capriciaous".
  10. Remember, tho, you have SERIOUS protections at 5 years. All of the top 2 paragraphs are protections of 5year OR P and T Vets: These are some serious protections. Section (C) above explains that paragraphs a and b only apply to P and T or those over 5 years. I have read a lot on this. The "under ordinary conditions of life", stated above, means "while working", since "ordinary people work" while disabled people dont. You see, because of the "benefit of the doubt", Vets keep their rating (100 percent), unless they go back to work. This is a reg, that makes sense. If you fell throught the cracks, got too high of a rating, and went to work, then, yes, you were probably rated too high. However, if you suffered long and can not work again, then you are not under ordinary conditions of life. In short, the VA has great difficulty reducing a P and T, unless he shows "actual improvement" under ordinary condtions of life. Remeber when the VA rates you as P and T, and they come back later and try to reduce it, they are essentially trying to cue themselves...you know, you are permantly disabled, but now you are not permanent.
  11. Alex got an eed to 1994. He posted that, in 2014, he "made his 20". Yes, its not the Vets fault, the VA takes years to process his claim. So, your effective date will mark the 20 year rule. The "effective date" is the date your claim became effective, and it affects your compensation as well as your protections. The "date of decison" is relevant mostly to you referring to the decision. That is, "I disagree with your decision of April 20, 2017..." You refer to the decision "by date", so its not confused with other decisions.
  12. Its not unusual for VA to "sit" on your appeal for the first year, and accomplish nothing, unfortuantely. GEt ready for LOTS more delays, currently BVA appeals are taking 4 to 5 years, and that is about to increase. If you have a "hardship", you can request an advance on the docket. This means if you are losing your home and have children, or if you are over age 70.
  13. Please allow me to summarize 3.344, below: 1. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. 2. Ratings on account of diseases subject to temporary or episodic improvement, will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. 3. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, , will not be reduced on examinations reflecting the results of bed rest. 4. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life 5. The Vet gets the benefit of the doubt: Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect. In summary, the VA can not reduce you (P and T, or over 5 years) unless you have "actual improvement" under ordinary conditions of life. (That is, you go back to work). They have to show SUSTAINED improvement, and not just "one" exam. Only if you meet the above criteria, can you be reduced.
  14. The VA LOVES it when Vets think, "Gee, if I apply for an increase will VA decrease me instead?" That fear prevents Vets from applying and getting benefits they deserve. Remember, FEAR = False Expectations Apperaring Real. The VA has specific criteria, and must "go by the book" to reduce you, if you meet that criteria. The ease with which VA can reduce you, depends on how long you have had your rating, and wheter or not you are P and T. There are protections at 5 year (or P and T), 10 years, and 20 years, with the 20 year protections being the best. The 5 year proteciton is often overlooked, I have underlined it. below: 3.344 Stabilization of disability evaluations. (a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.
  15. I agree with the above. My cfile has been "digitized". Before it was "scanned", I had dependents info submitted in 2002, 2006 (when VA requested it again), again in 2012 (when VA could not find it again, after an appeal on the effective date of dependents as VA said I did not file it timely), and, in 2017 I received a proposal to reduce for dependendts. I know this sounds like an exaggeration. It isnt. I have a copy of my RBA from 2012, where my lawyer scanned it. All my dependent info was scanned and date stamped by the RO. It does not matter. I still have the burden of resubmitting the evidence and "try" to quash the proposal to reduce my dependents.