when the law changes

[mos1833]

i was denied for a back condition in 1985 because they said it was a defect,-----i know some of you already know my claim i have ask for help many times so i am sorry for needing more ,----------

ok, in 1985 the law was cut and dryed, if you were tagged with that you lost all rights to comp,and it was the law.

but the law changed by way of 82-90,,,,82-90 changed the way a defect was detected,and made it possible for a person with that decision on there back could appeal, where as before you were not.

now heres my question, when 82-90 took effect was the va required to say any thing to me , like the dro is supposed to suggest what may help your claim,,,,,,,, also in my recent denial they still state that that is why they denied my claim...

what i am looking for is the law that  discussed a change an effect of a new law, or a change of it.

this kinda sounds like i;ved ask this before, i'am not sure,,,, but please reply if you can,, thanks

[broncovet]

Its called a "liberalizing" law when VA changes the law which would benefit the Veteran.  There are specific rules on liberalizing laws.  Generally, the Veteran can pick which law benefits him the most...the earlier law, or the new, more liberalinzing law, as there are also rules on how it affects your effective date so either the new law or the old law could benefit you the most.  

     Due to the fact you are referring to some 30 years of benefits, from1985 to 2016, you may just consider taking this to a law firm specializing in Veterans benefits.   If you were unemployed all that time this will easily be a six figure retro, and it may well approach 7 figures.  

    VA laws are in constant flux, and you should take this to a lawyer pronto, and see what he or she says.  

Some law firms which accept Veterans cases are :

Gloverluck  http://gloverluck.com/

Chislohm  https://cck-law.com/

There are others, too.  

[mos1833]

broncovet,,, thank you for the help.

i will contact those folks in the links you posted.

but

i have had a law firm on my claim,from 2000 til 2013 a good group they collected a lot 

but i did not. they took me from the R.O. to the federal circuit, but i was finally denied,

and they said let it become final and then i should open a new claim.

they would probley take me back but i think i;ll do some checking on my own for now.

i see so many mistakes , so thats why i ask so many stupid questions.

thanks again .

 

[Berta]

I assume by 'a lot' you meant.........a lot of  money?

Who did they collect that from, since there was no retro?

Or maybe you meant you paid them for  the Federal Circuit filing fees???

[broncovet]

I can not speak for the OP, Berta, but I do understand where he is coming from.  Often when the Veteran gets a "remand" the law firm gets eaja fees, while the Veteran is likely to net exactly "o" because the VARO denies again, putting him on the hamster wheel again, or, in my case the VARO simply ignores the JMR.  

Since there are no consequences for VA employees non compliance with Board Remands, the Veteran sits and waits while the vA employees get paid. 

My varo "non complied" with a 2012 remand for 3 years.  I finally contacted Miss Hickey, and she got VARO to comply...by denying again.  

Im really tiring of this hamster wheel ride.  

[mos1833]

hi berta

when i say a lot """ 13,300.00 the made two request for there fees ,that money came from the gov.i guess,,vcca sent it back in 2000, they collected ,and a jmr after that.

in the jmr there were two issues one was to get my records, and the other was to consider my lay evidence, neither was completed,or even attempted to follow the remand, so they denied it again.

think you both for your help.

 

[mos1833]

no matter what has happened up til now,

i would like to know if the law changes .

and it would help a claim, at what time is it used on

an on going claim.

do i need to point it out , or are they susposed to correct it.

thanks all