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29,662 questions in this forum
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Bva Remands
The language below was copied from a BVA decision that pretty much scolds the VARO for not complying with the terms of a previous remand. My question is what remedy is available to the veteran when the VARO fails to comply with remand orders? Can anything be done or is this just so much fluff? A remand by the Board confers on an appellant the right to VA compliance with the terms of the remand order and imposes on the Secretary a concomitant duty to ensure compliance with those terms. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that "where . . . the remand orders of the Board . . . are not complied with, the Board itself errs in failing to…
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Files Transfered
Is it commond for a RO to transfer files to Other RO's for rating and final decision. I called Pittsburgh today for status. I was told mine and a bunch of others was transfered to other RO's because of backlog. Is this a good thing or not? It just might be. Any info will be great. mrstix Msgt retired 25 years Army/Air Force 50% SC
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Very Disappointed...
As some of you might remember, I was here seeking advice on my current sc of 50% (major depression) and 10% (IBS) to be raised. Then I received a letter from the VA proposing a decrease. I had to obtain a letter from the Psych doctor and a letter from my primary care doctor. Well, the VA sent me a letter the other day saying that my current 50% rating will remain the same. (I'm sure because of the doctors note). Now, when I received the first letter proposing to decrease my 50% rating to 30%, they also said they were leaving my 10% rating the same, so I appealed that. I received a letter asking if I wanted it to be appealed through the traditional measure or w…
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ptsd Huntington Ro Ful Of It
I was using iris for updates on my claim until nov. 06 when I changed e-mail servers. I lost my thread with them and couldn't re-establish it My last contact with them stated my iu claim was under review and My appeal on ptsd which is two years old and a nod on My rt. klnee couldn't be considered until the iu was resolved . after losing my thread with them, I called the ro the middle of dec. 06. I was told (and he said i'm reading from the computer) Your file is before the appeal team. I told him what I had been hearing before, and he said all I can tell you is whats on the computer. I called back after christmas and was told the exact same thing. When I asked about the i…
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Cover Letter For Imo
What is a Cover Letter for an IMO. I cannot find out any info in this one. I remember Stretch posted he had some IMO's not used due to the lack of one Thanks Josephine
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Withdrawal Of Claim
Greetings, I am asking for help. I currently help a elderly disabled veteran with his claims. He against me advive withdrew 2 of his appeals 1) Aid & Attendence 2) Right shoulder Conditions He had letters from his primary VA doctors saying he qualifieed for AA. He had a great deal of edivence for increases for his shoulder conditions. He is rated at 100% loss of use of both feet and so much more. His claims were at the ratings board when he wanted to withdraw them and wait to be reprensented by an attorney. He as I have little belief in the service officers. He sent his letters off about 3 weeks ago and on the last iris inquairy they have been removed. …
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Cover Letter Imo
This was a good question that Josephine asked and I hope others will offer any suggestions too- I wanted to copy here my cover letters to Dr. BAsh but they were not appropriate for some claims so I did my best for a general cover letter: Dear Dr _____________________, Date
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May Have Discovered Skull Loss Problem In Cfr 38
I might have discovered something that may have to do why I have not been awarded skull loss at the VARO twice over 30+ years. The math is totally off as you can see below in the extract from CFR 38,4, 4.71a under diagnostic code 5296. They somehow can't do the math for converting metric to inches and vice versa. My skull loss is 4.5 x 4.5 centimeters which is equal to 1.77 x 1.77 inches. Correct conversion of inches to metric: 1.140 inches is equal to 2.90 centimeters which is larger than a 50 cent piece. CFR is in error as it is not 7.355cm. 1.0 inch is equal to 2.54 centimeters. Under the provisions of Diagnostic Code 5296, loss of part of the skul…
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The Appeal Process, Steps
If there is someone who feels comfortable in giving a synopsis of what happens in the claim process if the initial claim is denied and the veteran elects to appeal the decision to the BVA. What is the process the veteran needs to do to have the claim looked at by the BVA. Maybe someone could go through process of asking for an RO review (?) or NOD (?) as well. Time limits etc. We are trying to decide which way we will go when we appeal the findings on the initial claim. It would be nice to be able to keep this post as a reference for use later. Thank you very much.
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Rating The Side Effects
fellow Vets and friends of Hadit, Can somene comment on how meds side effects affect a rating? I dont think there are ratings for effects but they must have some value since I have noticed elders say you should try to bring this to the attention of the rating activity.
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Draft Submission To Chairmans Veteran's Affairs
OK, I drafted the details that I will send to both the House and Senate Chairmans for Veterans Affairs. And Vike I tried the Compensation and Pension place last year, they are the ones that told me I had to send request for correction of errors in Federal Regulations to the Government Printing Office. I'm going to send an info copy to my Senator Barrack Obama also. I will also prepare a cover letter for this enclosure. " Under the provisions of Diagnostic Code 5296, loss of part of the skull with brain hernia warrants an 80 percent evaluation. A 50 percent evaluation is the highest rating available when there is loss of part of the skull without brain…
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Harden V. West Atten: Stretch
Author: USCVA Typist: USCVA UNITED STATES COURT OF VETERANS APPEALS No. 95-61 Glenn M. Hardin, Appellant, v. Togo D. West, Jr., Acting Secretary of Veterans Affairs, Appellee. On Appeal from the Board of Veterans' Appeals (Decided February 9, 1998 ) Glenn M. Hardin, pro se. Mary Lou Keener, General Counsel; Ron Garvin, Assistant General Counsel; R. Randall Campbell, Deputy Assistant General Counsel; and Mary Ann Flynn were on the brief for the appellee. Before NEBEKER, Chief Judge, and FARLEY and HOLDAWAY, Judges. NEBEKER, Chief Judge: The appellant, Glenn M. Hardin, appeals a September 21, 1994, decisi…
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