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    • I have been giving this more thought. Monday I am going to my congressmans office since I have surgery Tuesday and will be out of commission awhile.  The more I think about this and research it the more I realize how wrong veterans are being treated by the VA and how they don't even try and hide it. Aside from my grants which should be super easy for VA to do, the VA website says remands typically take the veterans benefits administration (agency of original jurisdiction) 16 to 29 months to complete. So if a new claim takes 82.4 days to receive a decision and federal regulation requires claims going back to VBA from BVA to be handled expeditiously this clearly shows a violation of regulation and our due process rights.  I've been trying to reach out to a lot of people over last day or so, hopefully something comes of this so all Veterans will have their claims handled properly and in a timely manner.
    • BlueBonnie, you can call Peggy and request they send your case to decision in that you have no further information to send to them.  I had to do this on my last claim in that I sent in an FDE and they fooled around for some months stating that I needed to provide further information.  I called and requested that they adjudicate my case, they read me a statement that I agreed to and then submitted the necessary form while I was on the phone.
    • This has happened to other VETS:  They did not get notice of a c and p exam, then VA denied because they did not show.  I will advise you as I advised them: 1.  Timely file a NOD disputing the denial.   2.  Contact your VAMC "especially" the name of the doc where you were "supposed" to show up, but did not get notice.  Tell them the notice was apparently sent to the wrong address and you "WANT TO RESCHEDULE" the c and p exam.  TO find out who/where the exam was scheduled you "may" need to look on your VBMS file, and, to do that you need an attorney or VSO with VBMS access.   3.  You also may be able to find out who/where/when this exam was scheduled, by checking at your VAMC c and p office.  Try it at least.  Getting a copy of your medical file "may" show a c and p exam for Dr. xxxx on mm-dd-yy, where the doc said you were a no show.  Tell that docs office you were not infomed of the c and p exam, and can you please reschedule.   4.  If you get the exam rescheduled, then file a supplemental claim "with new evidnence" and explain you did not get notice of this c and p exam.   5.  Check your address on ebenefits/VAMC/ or whereever else you can find.  See if addy is correct.        I read a case where a Vet was a no show, and VA did not send the notice to the correct address.  They have to document they sent it to (your address), and you can ask for this documentation.        Its my opinion that if, YOU FAILED to update your address, then your appeal will likely fail.  You will likely lose out on an effective date.  But, if you have kept VA current with your address, then you can ask to see the documentation they mailed you a letter.  You will likely win.         Either way, you should get beneifts, its a question about effective dates.  If this denial is "fresh" (within a year) and you file a nod, you can "probably" win and even win an effective date.  But, if you waited over a year..probably you would lose an effective date appeal, absent some extenuating circumstances.  
    • I would fight this to the BVA.  Once the VA assistant secretary stated to my congressman that I had never been to their hospital for treatment.  I had records that proved otherwise.  I then tried to make an appointment and was told I was not allowed to have an appointment because their records showed I had missed three follow up appointments for the care I had never received at the VA.  The VA will lie cheat and steal to deny a veteran benefits and treatment.  I do not trust them and would involve my senator or congressman if they are not sending your information to your address of record.
    • Here is the deal:    If the VA decides to reduce your benefits, to include SMC S, they have to do a proposed reduction letter, and give you an opportunity to "dispute" the reduction with a hearing if you so desire.      They are not going to "retroactively" reduce your benefits, unless you committed fraud.       Each year, tdiu recipients turn in a form as to how much they earned.  Or, social security will report your earnings to them.       IF/when you earn "substantial gainful employment income" which means over about 12,000 per year, then VA can do a proposed reduction of your tdiu.  Again, you can dispute this proposed reduction and give reasons why.  However, if you continue to earn substanital gainful employment, chances are good VA will reduce/remove tdiu.  If your SMC was based upon that, then you could lose smc S.       In any case you should not lose it retroactively.  It wouldnt be effective until AFTER VA gives you a proposed reduction letter.       Bottom line:  Dont worry about it.  Go to work, be honest with VA but you need not report to VA you are working until you have worked 12 consecutive months.  Then report it to VA.       12 years ago, I got married and I was getting pension.  Pension is needs based, because I had little or no income.  When I got married, wifey was a nurse..so I reported to VA that my household income increased significantly.        In typical VA style, they did nothing for about 18 months.  They then said they over paid me, and I owed them 6000 dollars.  I contacted debt management center and appealed on these to bases:     1.  Its not my fault that it took VA 18 months to proccess this.  When I got a check, I assumed that money was mine, like most people who get checks made to them.  Because this was based on VA slowness, its not my fault.        2.  Repayment of the 6000 would cause a hardship.  I explained that "my wifes" income is not "my" income.  I dont have a legal right to her income.   Bottom line, they waived the overpayment and so I had to repay zero.  
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