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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline

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  1. Yesterday
  2. pete992 I am not up-set just frustrated in trying to put this all together. and figuring out all these different dates. I stopped working in 1999 but I couldn't work back before 1998 IRS Records show I last worked in 1996/97 but 1998 is what I claim because this is when I first filed my claim I got these IRS Record to use as evidence. I never was approved for SSI because I din't have enough work credits due to I could no longer work, so when I turn 62 I filed for retirement on the work I had did the past 30/40 years but I had not worked 10 years prior to filing my claim so SS Said i DIDN'T HAVE ENOUGH WORK CREDITS TO FILE FOR SSDI. And I first filed for IU in 2001 I got the application and VA denied me. Also another CUE because they rated my 50% on the account of a VA AUDIOLOGIST THAT SENT IN A HEARING TEST TO R.O. HE DID ON ME BUT AFTER FURTHER INVESTIGATING THEY USED THIS HEARING TEST TO RATE MY 50%IN 2000 AND I NOTICED ON THESE TEST THAT THESE TEST COULD NOT BE USED FOR RATING PURPOSES. VETERAN DID NOT PROVIDE OR COOROPRATE WITH THE TEST (WHICH IS A LIE)i DID WHAT THEY ASK ME TO DO. BUT SEE HOW ALL THIS IS SCREWED UP? i KNOW i NEED TO WATCH OUT BECAUSE THIS COULD BE REVIEWED AND A REDUCTION BUT AS i UNDERSTAND IT THEY CAN'T TAKE BACK WHAT THEY (VA) THEM SELF RATING ME. OR USE THIS DRO HEARING TO REDUCE ME. IF UNDERSTAND THE CFR's correct? example on the tinnitus 10% I won that and this 30% for increase on my hearing loss at this DRO Hearing on May 7tth 2003 but yet they gave me an effective date on the tinnitus on Dec 10th 2002 so that should be a CUE too! Some say this is a typo error but its a CUE BECAUSE IT WILL CHANGE the outcome if reasonable minds see it my way...MY EED and my retro owed.
  3. Our complaints have been heard! I just got this in an email from the VA. It gives a better perspective vs. the rubber stamp copy/paste response they sent me earlier. They are blaming the removal of the public forms on fraud. This makes sense to some extent. If the problem is that bad, by not get the AG to investigate the scammers and shut them down? They also cite some requirement that the exam should have been conducted in person, not remotely. This makes sense for some exams. Now only if the VA would start taking our complaints seriously about substandard C&P exams which fail to thoroughly review the evidence or are performed by unqualified personnel. https://content.govdelivery.com/accounts/USVAVBA/bulletins/2849db0
  4. I had a number issues but I dropped my my Case based on the Antisocial personality case which is extremely interesting. To focus on my hearing loss and Tinnitus. In August 2018 I won my claim. 30% hearing loss, 10% tinnitus (40 %) which was raise to (50% in 2010) I filed an NOD resulted in a 60 % in 2015. The 2010, 10 % increase was due to specialized pattern of hearing loss in my left ear, While checking my past hearing test I found two test in 1984 before I filed my claim showed that same pattern of hearing loss, then my VA rating exam and a follow up VA hearing test document the same pattern of hearing loss so I filed an NOD, plus Individual Unemployable and at this time the Issues are pending. Let me address the Antisocial personality issue, there was a class action suit against the VA in the 1970's, for the service drumming people out of the service based on personality disorders It was something like the (Loveless) remedy. At present I am not seeking any disabilities on my CUE's claim for any disability I want to revise the decision that my Administrative Discharge was issued for Willful and Persistent misconduct.. (my case is a very unbelievable one, as I tried many times to hire a lawyer or get Legal; representation from the Pro Bono group), But the VARO Phoenix and Pittsburgh failed to consider any evidence I have submitted Starting in December 1999 and stopping when my claim went back to the Board in 2012. I live in a little rice growing village in Central Thailand, I am hearing impaired, cannot hear over the phone and not computer literate. No other English speaker around for at least 55 Kilometers in Nakhon Sawan. When I received my decision in October 2002, I was contacted by the Pro Bono program and offered an attorney, which I accepted, but the attorney focused on the case he could win, not on the issue I wanted him to address and in April 2006 COVA vacated the October 2002 decision and remanded the case on all issues. On June 27, 2007, I submitted my response to the court remand and filed a CUE's claim on the Administrative decision which I received a letter from the BOARD that my CUE's claim was based on the AOJ amending my record was placed on the Docket and never heard from again, From 2000 to the present the VA has been misaddressing my mail ( in 2007) I also filed a Presumption of Regularity in mailing, then in a 2008 remand someone added a (929) to my zip code that is still being added today. The AMC returned my remanded claim to the VA without sending me a SOC (grave procedural error), then in 2010 over 3 years after I filed my time sensitive response to the Board they mailed me the VCAA notice letter. I responded to the VA that I had already filed my response in 2007 and had no more evidence to submit. on 12-14-2010 the VARO approved the 2002 decision and stated in the reasons and Bases that IO had not submitted any evidence for them to consider, I filed an NOD and another SSOC was issued on 10-20-2011 with the same I had not submitted any evidence to them and in evidence considered was the VCAA notice and the 20902 Boards decision, Both decision cover letters stated "It is not a decision on any new issues, but is intended to inform you of any material changes in, or additions to, the information contained in the "Statement of the.Case" (SOC) that we previously sent to you." the last SSOC i received from the VA was in 9-24-1999 so VA never consider any of the at least (54) communications the veteran mailed including (11) registered letters signed for as received by the AOJ Pittsburgh.I am going too stop here but this is a general description of my case and interactions with VA. I must inform you I did go AWOL twice in a 18 day period between November first to November 18, 1961 once for 3 days , the second for (4) days which I received a Summary and a Special Court Martial on 11-30-1961, I pleaded Guilty and was sentenced to 5 months in the post stockade, (the Special Court Martial had the power to issue me a Bad Conduct discharge, that issue was not requested or discussed in the SCM.) in the 6 days between the SCM and the 12-6-1961 the CO ordered me to undergo a psychiatric evaluation, the results of the evaluation was antisocial personality, that was not amendable to treatment and Recommended for discharge due to Unfitness (An Administrative discharge) not a punitive discharge as the AOJ found as a fact. There is a lot of issues to address in a CUE's motion, I do not know which is the best for me to pursue and a template of how to present the correct evidence that was not before the Adjudicator, That was based on laws that were in affect at that time and had not the CUE's happen, the outcome would be manifestly different. The record is not correct and does not favor my evidence, If you see one or more issues I can research, I could send you those issues. Everyone who reviewed my claim said I was wasting my time as it was not win-able, I disagreed and won it Pro Se.Let me know what you think,
  5. I’m glad the DBqs are going away. The reasoning behind it because of updating the site taking a year is legit (based on my knowledge of having updating enterprise sized websites), and shutting down the drive by DBQ business is something I’ve wanted to see done for years. If it was big enough to go to the OIG then it’s a bigger deal than a few claims here or there.
  6. FYI VA is going no longer accept DBQs from external sources and will remove public facing documents. https://content.govdelivery.com/accounts/USVAVBA/bulletins/2849db0
  7. Pete 992 I BEEN THINKING ABOUT THIS EVER SINCE I REQUESTED MY C-FILE ON CD..IN 2014 I found these errors in dates on most all my award letters and the DRO contradicted himself. I' will try to explain in parts with this so you may find something before and after not lining up with what I write especially the dates because some of them are flat wrong. I first filed in April 4th 1998, for hearing loss , was denied NOD was denied a rating but was service connected at 0% 1999, ok I was awarded 50% on march 23/2000 from a va audiologist that supposable reopen this claim . I never knew about this 50% award until I got the award packet in the mail around april of 2000....I kept this rating (50%) until My hearing loss got worse so I join VA Voc Rehab and filed for increase on my hearing 2002 and a C&P VA Examiner wrote up some lies about my hearing loss and said I was not as bad as I claim for these benefits (50%) so he said The VA should reduce me back to 0% plus take away my service connection.. This prompt my R.O. to send a proposal to reduce on what this VA examiner mention in his report, they ask me (va) if I wanted to solve this dispute and I did of course I did anyway they gave me a DRO HEARING ON May 7th 2003. the DRO used a IMO I had on or around March 2003 to refute this examiner, and my lay statements and Notarized statements from family and friends they used these as evidence to warrant an increase in my hearing loss, they gave me 10% for tinnitus(as which I had been denied for in the past since 1998) and an increase in my hearing at 30%. resulting in a 10% and 30%increase so with the 50%I got to keep and this increase I was at 90%combined rating and they used the extra schedular 38 4.16 (b) for TDIU WITH P&T EFFECTIVE 12/10 2002 TO MAY 7TH 2003.(ABOUT 4 1/2 MONTHS RETRO . Here is what the DRO MENTION IN MY AWARD LETTER IN PART! Entitlement to IU is granted be cause you are unable to secure or follow a substantially gainful Occupation as a result of service connected disability, and your evaluation meets the minimum requirement to established entitlement to this benefit. The evidence shows that you last worked in Oct 1999 ENTITLEMENT TO THE BENEFIT SOUGHT IS ESTABLISHED FROM DEC 10-2002 THE DATE YOUR EVALUATION MEETS THIS CRITERIA FOR ELIGIBILITY TO THIS BENEFIT , SINCE YOU LAST WORK PRIOR TO THAT DATE. I HAVE DIFFERENT DATES ON TWO DIFFERENT AWARD LETTERS AND AM REQUESTING A HISTORIC AUDIT REVIEW FOR THE RETRO PAID TO ME ON THESE DATES WHICH WAS 9.975.00$$ I AM REQUESTING THIS E.E.D. TO GO BACK WHEN I FIRST FILED IN 1998 DUE TO MY CLAIM HAS BEEN UNDER CONTINUE PROSECUTION SINCE 4 /4/1998. I WILL File for 2 CUE on this but right now just getting my evidence and cards lined up before actually filing THESE RECORDS TO SHOW, HOWEVER THE VA SHOULD HAVE ALL THE RECORDS I HAVE IN MY [POSSISSON ? broncovet and Ms Berta has been helping me on this I just need to get these dates all straighten out and lined up. later on in this same letter the DRO Wrote A VA EXAMINER OPINED THAT YOUR HEARING LOSS IS NOT AS GREAT AS THAT FOR THE BENEFIT YOU ARE RECEIVING , HOWEVER AFTER REVIEWING OF PRIVATE AUDIOLICAL REPORTS,AND A PERSONAL OBSERVATION AT YOUR HEARING BY A HEARING OFFICER AND A RATING VETERANS REPRESENTATIVE (RATING SPECIALIST) AT YOUR HEARING, IT IS OBVIOUS THAT YOUR HEARING LOSS IS REAL AND AS SERVER AS SHOWN ON THE PRIVATE REPORTS . BASED ON THESE FINDINGS ,AN INCREASE RATHER THAN A DECREASE IS WARRANTED. SO THIS DRO DID HELP ME OUT HE JUST WAS WRONG ON THE DATES AND THIS COULD RESULT IN 4/5 6 YEARS RETRO AT THE 100% RATE LESS 50% FROM THE YEAR 2000...STILL A LOT OF RETRO. BUT WANT TO PERFECT THIS CUE FOR HISTORICAL AUDIT OR BOTH. Do you see the CUE this DRO Made??? Note * this is not consider my CUE I WILL PERFECT IT 99%BETTER BEFORE I SEND IT IN. HOPEFULLY WITH BROCOVET HELP! AND OTHERS HERE ON HADIT....i MAY HIRE A VA Certified Accredited Claims Agent that lives about 30 miles from me Robert Blacklidge from Argyle Tx...but still trying to decipher all this before I talk with him or hire him.
  8. My VSO was so helpful in me winning my claims I decided to fire him a long time ago. I think he got me to about 30% and suggested that I not appeal my claims. I will admit I won and lost some but I am rated 100% P & T now no thanks to him.
  9. Buck, as you know many times we ask veterans for more information. Is this a CUE? I understand that you are upset but for my clear understanding please slow down, remember EED is early effective date. So to understand you were granted an effective date in 2003 and VA back dated it to 2002. Remember to get an EED beyond (BEFORE) 2002, you would need medical documentation that you could not work due to service connected disabilities. Did you file for TDIU? When did you file for TDIU? Where you granted Social security and When ? What was your rating percentage in 1999? Just the percentage numbers. When did you inform VA that you were not working? When did you reach 70%? What evidence was in your records (C-File or medical records) that proved you could not work due to service connected disabilities? Did you file for financial hardship? My CUE EED was so simple and easy I really don't know how it was missed or overlook. I had three separate VAMC treatment records dated in 1998 prior to my 1998 denial yet the only evidence that VA use to deny my claim was in 1996 to 1997 way before I even filed my claim. I finally got VA to review my entire file a low and behold CAVC made both BVA and the local VARO to redo my claim. As I said before, in 1998 my C-File could not have been that large where this evidence could hide but it hid for years form VA's sight until CAVC said the veteran's evidence is correct and VA did have the evidence in their possession. So I won my EED.
  10. First DBQ's, now the 48 hour rule. Next???? “You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things that you think you could not do before.” ― Rahm Emanuel. COVID-19, Just sayin, Hamslice
  11. I talked to my VSO this A.M., who also happens to be a friend and IMHO a very good one. She was really upset. Said, on average , she catches 3 or 4 situations and gets them corrected before they become official. Just another example of the VA shooting themselves in the foot. I realize it take two days out of their process time, but how about all the time wasted if the veteran has to appeal. Let alone, how many veterans just give up and don't appeal. Takes away a benefit they are entitled to and will never receive. Stupid is what stupid does.
  12. I never had any luck with VA Dr's filling out a DBQ anyway...I always had to get a private Dr to do it. for a IMO.IME bypass the DBQ and ask the Dr to give his/her medical opinion on what you need them to mention in their medical opinion let these Dr's know to Use the VA lango like ''is likely as not'' or 50% more likely as not ect,,,ect,,, of course these private Dr cost $$ but well worth it.
  13. VA has me down as my EED 12/10/2002 to May 7th 2003 ok I am trying to figure out my correct EED here is what the DRO Mention in part of my records DRO MENTION THIS The Evidence shows you last worked in Oct 1999. Entitlement to the benefits sought is established from Dec 10th 2002 the date your evaluation meets the criteria for eligibility to this benefit since you last worked prior to that date. I last worked in 0ct 1999. However I can prove with SS records the date I last worked it was closer to 1997/98 but this is beside the point. do you see in those paragraphs above the CUE the DRO Made? I first filed on April 4th 1998 had to stopped working before that but the 1998 would be fine with me if they go back to that date. IRS Records will show I stopped working on or before 1998. so how did the DRO know to say I last worked in 1999? he never bothered to read my complete files or my IRS Records. I need to find where the evidence shows I last worked in 1999...looking for that now. but if I do find it then 1999 would be ok to me for my EED. BUT TRYING FOR 1998 THE DATE I First Filed. Ms berta/broncovet? or anyone know for sure?
  14. So, the VA can send us to incompetent providers (you know NP for complicated things they aren't even specialists in), yet my specialist that I have been seeing at the VA no longer can fill out a DBQ for me? I understand some of these vultures who are charging thousands of dollars for an imo crap to get veterans awards, not my place to judge but my VA or everyday provider who sees me all the time, they should be allowed to fill out my DBQ for more than the quacks that are often hired to do CP exams. You know, the ones who write in their reports that you "waited to long" which is definitely not a valid reason to deny service connection or you had too many babies, also not a reason to deny service connection (when there is evidence in service of the problem existing, won both of those btw) I could go on and on, fact of the matter is, many give up and just say screw it they denied me. Of course they did, they do it all the time and they deny and low ball the shit out of most of us. Another way to get away with it. Shameful, instead they should disallow these "ambulance chasers" I don't know what else to call them. My private doctor doesn't charge me anything to fill out a form, my VA other than my crappy primary care doctor fill out anything I need, including DBQs.
  15. The VSOs do get 48 hours to review claims but most of the time they just let it expire or sign off on it without really reviewing them.
  16. I had a de novo review a few years ago where the DRO granted some things on appeal and found that the VA erred in telling me I needed new and material evidence when reopening a claim. They fixed the error and moved my effective all the way back to the original date of claim. I probably would have appealed the effective date anyway but it’s nice it was caught. I just had supplemental claim completed where they granted claims but made the effective date the date that I submitted the supplemental when the effective dates should go back to October 2010. I just submitted a HLR. It was the exact same situation as above and I hope they fix it with me having to go back to the BVA.
  17. Not "off the roles"-I said that wrong- the Army had no MOS's they needed to fill, due to so many enlistments -far over their annual quotas.
  18. This is why we call the 800# "Peggy" . Traditionally VA 800# for many years was Not supposed to advise if the claim had succeeded or been denied. I found years ago that if I called 800# three times in one day ,I would get three different status updates. Ebenefits seems to be a more productive way to see what is what. ....some times..not always.
  19. When I was with the DAV, they told me that they would receive proposed rating decisions before the VA put them in the mail. If an issue occurred, they would catch it and kick it back to the VA for review. However, in practice, I usually received a letter from the DAV about two weeks after I had already received the letter in the mail. In many cases, I caught errors the DAV missed and submitted them for reconsideration or NOD/appeal on my own. I switched from the DAV to my state VA organization. I never received so much as a call or letter from them unless I first initiated the conversation. I became accustomed to doing my own error checking. Based on my claims and CUE filings, it feels like that is the way it has always been. I have yet to see the VA proactively correct any error in my favor. I tell them about the errors either via reconsideration, NOD, appeal, or CUE, and they tend to concede the error.
  20. . " Service Department findings (i.e. The Army, Navy and Air Force) are binding and conclusive upon VA purposes of establishing an individual's service. VA does not have the authority to alter the findings of the service department. 38 C.F.R. s 3.203 (a); Spencer v. West, 13 Vet. App. 376, 380 (2000)" The VA made a finding of Fact, on a ten word statement made in the Evaluation " In July 1961 he received on article 15 for misconduct" and also a Rehabilitative transfer with no evidence in the record at all, I need Statue or Regulations that defines a Finding of Fact and the Evidence required to attack the AOJ finding of Fact!" Can you scan and attach that decision and the Evidence list? Former President Jimmy Carter reversed some bad paper discharges -and you mentioned 1961 so I wonder If VA considered that. I was told that, by the VA in DC when I was helping a bad paper veteran in the 1980s.He also had a prior HD however, and his undesirable discharge had been been changed to Honorable. He received a Certificate of HD from the President at the time frame I was helping him- former President Reagan signed it. I read his Court Martial- they would not even let his lawyer with him speak. it was all BS. He became eligible for all VA benefits. (However, the circumstances of his court martial were far different than yours.As I understood it, the Army had received far more recruits than they needed (this was when our nation was in peacetime) so they filed trumped up crap against some of them and got them off the roles. Cover your C file # and name etc prior to scanning it. But before you do that-please note that the VA will not service connect an anti-social personality disorder. What was your disability claim for?
  21. https://www.stripes.com/vfw-argues-abrupt-va-change-will-erode-veterans-right-to-competent-representation-in-benefits-fights-1.624505?utm_medium=email&utm_source=Stars+and+Stripes+Emails&utm_campaign=Veterans+News I didnt even now VSOS were really checking for errors before final decisions are made...... In part: “The VA is shifting the burden to veterans to discover its errors,” he said. VFW National Commander William Schmitz argued it was an “inconceivable” change that would erode veterans’ right to competent representation in benefits claims. The group also questioned the timing of the change, which will be implemented as the country — and the Veterans Health Administration — responds to the global coronavirus pandemic." I feel it has ALWAYS been our burden, as claimants, to discover their errors. My former state reps didn't even know what a CUE was. The HLRs are seeking errors,as some members have told us here, but how many do they let slip by??????
  22. Now all they ( VA) have to do is start informing , via newspapers, main TV news channels, internet etc etc, all of those thousands of BWN vets and/or their survivors, of the new Regulations re: AO.... veterans who do not use a PC, or if they do use PC, they do not search for veterans news, or AO articles etc.....because THOUSANDS do not even know yet that they might be eligible for AO compensation! There are 3 of us civilians in NY State who were with the original BWNVVA, from 15 year ago-and two of them have gotten this news into some local NY newspapers. We have had only one BWN AO vet here, and one widow a potential AO BWN vet widow, who didn't return. The longer these vets are kept in the dark, their potential retro will remain unclaimed.
  23. Simple answer, Yes. As of April 1, 2020 VA is still working claims. No, this is not a late April fool's joke. As for VA being closed that is for walk-ins. Of course there are some employees not working but there are some continuing to work through this time.
  24. Broncovet, thanks for getting back to me, yeah I figured they had no clue, or at least can’t be trusted, my letter does say 90, that’s mainly how I found out about things moving around, biggest thing now is trying to understand what is still open and what is waiting for a decision still.
  25. Pete, Thanks for the reply, I have other ratings I did not list that when added to these, would rate 100%, sorry for not adding that.
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