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Guest Dmncleaner

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Guest Dmncleaner

If my iu claim appeal was denied and i am just tired of fighting and dealing with the va, can i tell my lawyer i am done? If they want to appeal am i obligated to do so or can i give up? Thanks in advance

Edited by Dmncleaner
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  • HadIt.com Elder

usually they go by the date the veteran was approved for the 100% or intiallly filed for it

example

I was unable to work before 1999 probably back to 98 1998 is my orginal claim date was denied .SC. ....I filed a APPEAL in 1999 and was rated at 0% 2000 I re submitted for increase and was approved for 50%  that's a big increase from  the 2000 0%

I should have NOD Tthat decision but I didn't  I needed the $$$  ok 2002 I ask for increase was sent to C&P the examiner lied and was sent letter to proposal to reduce so I elected a DRO Hearing at my RO.

I had new and material  evidence using a Private Board certified Specialist to rebutte the VA C&P Examiner.

Ok DRO Took the word of the private specialist  over the VA Examiner....However they used the date back from 1999 when I filed for the increase after the 50%  and they mention in the award letter although I became disable back in 1998   we used the date you filed for increase from 1999  in 2002 at my DRO HEARING

(looking back at it now I was probably beat out of two years retro)

I was awarded TDIU P&T and no future exams scheduled And my condition is of Nature not  to improve in my life time, the DRO had my Rep draw up the IU papers for him to sign....expedited my claim that day  and in about 2 weeks got my award packet and retro had already hit the Bank

DRO even mention that  ''with a DRO & RATING SPECIALIST present at this veteran Hearing   his disability is Real and an increase is granted sought on appeal  and not a proposal to reduce his benefit's 

Needless to say  I guard that letter with my life.

I want to mention I had a Hadit member back then helping me back in 2002  Flip H (aka Phillip Rogers) & Ms Berta  their information/advise turn out to be priceless.

Edited by Buck52
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