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VA Disability Claims Research
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29,661 questions in this forum
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Ao Cll Vets
IS VA arbitrary and capricious? Does VA ever defy the Law ? Yes and double yes as many AO Vets know------ AO vets were denied proper retro under the Nehmer Stipulation and only received their legally determined EED comp when NVLSP went into VA and legally kicked butt- with the law-Nehmer- VA attempted the same thing with CLL vets- CLL vets with NVLSP fighting the battle in their behalf have WON! "Appeals court orders agent orange benefits Judges take VA officials to task on unpaid retroactive claims By Josh Richman, STAFF WRITER Article Last Updated: 07/20/2007 02:40:33 AM PDT The U.S. Department of Veterans Affairs was wrong to deny retroacti…
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hypertension Claim Denied...retro?
I am starting to work on getting service connected again.This time I intend to be as informed I can and submit a solid claim.I am getting a pension from va. I have three Questions please. 1)Can I re-open this claim if I have new and convincing evidence,or since I did not appeal will I have to re-file? 2)Will I have the date of protection they speak of or no because I did not appeal? 3) Is there anyway I can find out if in fact the va ever did get my records?I HAVE CONTACTED ST. LOUIS AND THEY TELL ME THEY HAVE MY RECORDS SO I SHALL SEE. I filed a claim in Feb 2000 and it was denied in March 2001.This is what the denial shows. Evidence---Notice from NPRC tha…
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Nod I Sent In For Back, Please Critique
Actually I am doing this backwards, should have solicited this before sending, but with the VA I can always send the better version for the 2nd, 3rd, or 4th time I have to send it! Positive and negative Feedback welcome. VARO address and file number redacted. Dear Sir or Madame: I would like to file a notice of disagreement to the May 31, 2007 Rating Decision. I would like to have the Decision Review Officer review it and ultimately correct/finish the rating in accordance with the rules in CFR 38 part 4. In the "Decision" section it indicates that the new rate should be 40% effective December 29, 2006. After review of the decision letter, 38 C…
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If You Have Advanced On Docket At Bva
For anyone needing this information: The AMC may tell you, as they have me, if you advanced on the docket at the BVA does not entitle you to advance at the AMC, this is not true. You are entitled! Here are the guidelines: You have reached the Appeals Management Center in Washington, D.C. We will not be able to reply via email due to the sensitive information requested because of a recent procedural change in regards to our responses to email inquiries. Please call us toll-free at 1-866-258-0341 for assistance. A claim may be expedited for any of the following reasons: £Terminal Illness £Financial Hardship (Bankruptcy/Foreclosure/Eviction) £Former P…
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Appeals Management Sends Another Statement Of The Case
Hi to all, I stay totally confused anymore. Why would I receive another " Statement of the Case" and told that I must respond, when your claims file has been at the " Rating Specialist" twiced at the Amc? Do they want me to go into detail of my illness from service to date. What do you all think? They are slowing me down, but just perhaps, I have an honest " Rater" that knows that I do not know what in the heck that I am doing!! What do I say in the " Statement of the Claim" ? Do I start with my first filing of 1978, as all claims are opened to the first filing. My S. O is doing nothing to help me and it is obvious that my niece is not either. Al…
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tdiu The Complexity Of Trying To Establish What The Va Wants
Goodmorning VET'S My purpose of this Thread is to better hope those Vets in accords to the M21-1MR reports mandated by this date. I hope this is helpful To WE all. 20. Handling Claims to Reopen Introduction This topic contains information on handling claims to reopen a finally denied claim. It includes information on • the general policy for screening newly received material • previously filed claims • handling correspondence • identifying duplicate claims, and • handling duplicate claims. Change Date November 15, 2004 a. General Policy on Screening Newly Received Material Carefully screen all newly received material to determine whether authori…
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Nova Comments On
http://www.vawatchdog.org/07/nf07/nfOCT07/nf102707-10.htm They raise a very important point- many of these vets who ultimately get retros over $250,000- and it isnt unusual when a claim has been in the system for many years- have been forced into this long wait due to errors on the VA's part. A claim denied at the VARO and the BVA then awarded at CAVC might already been passed around for a decade-or more. When one considers that CAVC only uses the established BVA record (the vet cannot send in any more evidence to the CAVC) it means when the CAVC does award- that the evidence was in the file for years-at the RO and/or BVA level --- that could have prompte…
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832,000 Veterans Put On Hold..according To Former Va Secretary
These 832,000 Vets, figure from the VA Sec. Nicholson, are being put on hold not because they weren't exposed to AO in the Blue Waters of Vietnam. These Vets are being put on hold because the number of these Vets might be an added burden to our government. If I were an unscrupulous manager, I would fire the VA Secretary and leave the position vacant. VVA overview of Haas vs. Nicholson http://www.vva.org/benefit_update.html
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Reevaluation For P&t
I have a friend that is currently 100% SC, but with 70% of it being depression due to his SC back, lungs and a varied of other conditions causing him a great deal of depression. He was given 100% in 2004 at which time his GAF was a 45. He has requested all his treatment records from the VA to see is GAF and it ranges between 50-51 with notations that he is stable with medication, do you think they will lower his SC for depression to keep from giving him P&T?
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Ssoc Reply To Va
Attached is the word document of my final SSOC reply to be submitted this coming week. TEAR it APART... If there is a hole, I will fill it, but this ship is without leaks.. Josh
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Ro Personnel Changes
After dealing with VA issues for several years, It seems that there is a revolving door at the Regional Offices. The SCM's are always changing. You read the board and find several successes out of one particular office and all of a sudden the manager who approved claims is no longer there. Now if this is coincidence, then fine, But I dont believe it is. Since 2003, I know of one office that has had 5 different managers. Two of which were fair and did a good job approving claims. It is odd that they did not last too long. Just keep an open eye to this as you scroll through your VA letters. How many different signatures do you have?
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Help Me Please
I just called the 1800 number and they told me they are working on my claim for increase and i also have a congressional claim what is a congressional claim????
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