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Showing content with the highest reputation on 09/29/2020 in all areas

  1. This is what won my sleep apnea. Please feel free to use this in your fight against the VA. Most would not need to be this long, but I would use what you feel is needed and fits with your claim. Dear Ladies and Gentlemen: Supplemental Claim is elected. If additional evidence or clarification is needed, please contact me by facsimile, telephone, or U.S. mail. The above veteran received a Rating Decision dated March 12, 2020 and wishes to appeal this decision regarding the following issues: 1. Service connection for sleep apnea. The Veteran is entitled to service connection fo
    2 points
  2. Thanks Shrek. There is a lot of value here and veterans would be wise to make a copy in case they need for an appeal themselves. Several key points of law! Great Post
    1 point
  3. This maybe of some help. The Vietnam War Wannabe and His/Her Most Used Lie The text (excluding all images) on this Information Site is Not Copyrighted and may be freely used. The common lie told to friends (and particularly girlfriends and wives) by Vietnam War wannabes (a group that continues to outnumber actual in-country Vietnam War veterans by twenty to one [f1], is that they cannot produce a DD-214 or other military-issued documents confirming their (heroic/valorous) service in Vietnam because their military record files "remain classified" due to their "top secret" assignment
    1 point
  4. I think what you are looking for is: In accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits. The Clemons Court found that, where a Veter
    1 point
  5. These are my favorite regulations/case law which frequently result in a win for Veterans: Feel free to add how YOU won your claim, including the regulation or case law. 1. Caluza Elements: If you filed for benefits and HAVE all 3 Caluza elements DOCUMENTED, your approval chances are good. a) Current diagnosis b) In service event or aggravation c) Nexus or doc opinion that your current diagnosis is at least as likely as not relate to your in service event. Source: Caluza vs Brown https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/po
    1 point
  6. Excellent post, and Thank you foxhound! I have tried to explain this, but you did it better than I did: This is why I suggest you get your effective date appeal to the Bva AS QUICKLY AS POSSIBLE. HLR or SCL is useless, its just another senior rater from your VARO. This portions you posted on effective dates, citing your source, is excellent. It should be posted again, with a new post where many Vets can see it when appealing their effictive date.
    1 point
  7. Yes. Its possible they may already award it, but, like most times you have to force the issue. Go for it. With SMC, you should get it "from the first date you became eligible", regardless of when your claim date (the date you applied) is. So you may need to appeal the effective date if VA gets that one wrong.
    1 point
  8. Thanks GBArmy and Buck--for posting this-...... There is no new news on the Class action yet: https://www.nvlsp.org/news-and-events/press-releases/nvlsp-seeks-retroactive-benefits-for-blue-water-vietnam-veterans I wonder how many vets were denied because their ships were not on the past lists, which have grown over the past years, by veterans who did the leg work themselves to prove their ship was exposed to AO. Those vets who did that have helped many other BWN vets to succeed. The NVLSP Class Action is for BWN vets to get equitable treatment- meaning Nehmer should kick in
    1 point
  9. Yes, you can challenge the competency of the examiner. https://cck-law.com/blog/how-to-challenge-va-cp-exam/ However, if you are seeking "back" benefits on an unappealed claim, its more complicated than that. First you should have your file reviewed. If you did not receive "notice" of your appeal rights, you may still be within the appeal period because it does not begin to you recieve notice of your rights to appeal. Also, if you submitted "new evidence" in the appeal period, you have reopened the claim and you may not even know that, if VA didnt re adjuticate it.
    1 point
  10. Unfortunately, your claim will be returned to the local VARO to implement the decision which can take six months to a year or longer if your claim was remanded. Some BVA decisions are granted, remanded, denied or any of the combination. The claims that take the longest are the ones that are both granted and remanded. VA loves to hold up the granted portions until the remanded portions are completed and then deny the remanded portion again. There is a VA Fast letter out there, but VA ignores any expeditious processing so just forget it. VA will make you wait.
    1 point
  11. After doing more eye ball drying searches over google, I found an interesting article by the Veterans Law Blog. It would seem that even normal raters do not have the ability or training to go back and even attempt to give an EED anyway. It also touched on an argument example that sounded a little like my situation, Ill quote it here and link article at the end. So, in theory, if I do have an argument here....the initial rater wouldn't have been able to do anything with it and probably had no knowledge of that type of issue. However, it would seem a HLR should pick this argument up
    1 point
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