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Showing content with the highest reputation on 10/19/2020 in all areas

  1. Just got off the phone with the attorney. She informed us that the file has been updated and I was awarded 30% for PTSD and still denied for Major Depressive disorder. She also showed that my dependents would get the education benefits. She told me that I made the 100% mark but they haven't gotten the official letter yet. Thank GOD!!!! It only took 2 and a half years! Well.....5 years if you count the first time I got denied and didn't think to fight it. This was without adding any additional information for the C&P and just answering the questions.
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  2. The 20 year life matures the fastest and that’s the advantage for the waiver. Even without the waiver it’s cheaper in the long run. You don’t necessarily have to be 100% to get the waiver. It’s says in the pamphlet that the percentage of your disability does not determine if they will approve your application.
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  3. You are limited when you purchase the "free" life insurance. My idea was to maximize the value of the free insurance and to select the plan with the highest premium as it would build cash faster. Higher premium per 1000 dollars face insurance generally means it builds cash value faster. I settled on the 20 payment life as it was the highest premium/ fastest cash building available at the time. The 20 payment life means you "pay" for 20 years, then the policy "matures" and no more payments need to be made. In other words, you own the insurance after 20 years, like buying a home and financing it 20 years. (Well except for the premiums are waived). Mine has built up cash value, they send me a letter each year. I could cash it in for the full 10,000 dollars after 20 years. That is the idea anyway. I would have chosen 10 pay life, if it was available, to pay it up in 10 years and build cash faster.
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  4. I see what Blah is saying. It would have to be a new grant to get to 100% to get the waiver. If it's an increase to get to 100% then the waiver doesn't apply. In my case, I was already 100% but my 2 year window had closed to apply for the insurance. I then got new grants in April which reopened my window so I was able to apply and get the waiver.
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  5. ‘Thank you for your support. We have a great group of folks
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  6. wife and i bought mugs and sweatshirt from website! next month we will become members to help support. couldnt do both but wanted the mug for my morning "VA Talk" with you guys. thanks so much for everything you do and all the help you have given me this past year! i never could have done it alone. you got me out of the weeds and on the path!
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  7. I usually review the BVA chairmans report, each time it comes out. (Every year). Why? https://www.bva.va.gov/Chairman_Annual_Rpts.asp 1. It helps me choose "which" appeal method I will use: BVA, HLR, SCL. On page 32, 2019 version, I read that 20.6 percent, overall, of Veterans appeals are denied by the BVA. I already know that about 80 percent of claims are denied at the VARO. So, do you want a 20 percent chance of winning (at the VARO), or an 80 percent chance at the BOARD? 2. It helps me decide whether to hire an attorney or not. If you look, also on Page 32, Attorney represented Vets fare far better than any of the VSO's. Attorney's lose just 13 percent of the time, while Most VSO's are about double that. 3. It answers questions like, "can I appeal a VA life insurance waiver of premium denial". It shows that the Board decided appeals on insurnace and other VA stuff. 4. It helps to find out "how long" I can expect my appeal at the BVA, because it gives time frames. You just need to know where to look.
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  8. Valor for Vet is not a doctor! Seems you found snake oil and falling for the over whelming BS from their website. You SHOULD check out the real thread IMO in the forums. A whole section on IMOs
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  9. I thought i would update this thread since the last post was pre AMA If you receive an unfavorable decision from your Regional Office (RO) then you have some different options to consider compared to pre 2019. NOD (Notice Of Disagreement): This is similair to the old appeal lane, however unlike the old NOD where you had to go through the RO first then the Board of Veterans Appeals (BVA) you can skip that step and go directly to the BVA. At the BVA you can choose from 3 dockets, direct, hearing & evidence. Direct docket is for vets who do not want to submit new evidence and do not want a hearing in front of Veterans Law Judge. Evidence Docket allows for Veterans to submit new and relevant evidence and do not want a hearing. Hearing Docket is to have a hearing before a Veterans Law Judge either via teleconference or in person in front of the Board in D.C. To use this lane you must appeal within 1 year of your denial by the RO. If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts Supplemental Claim Lane: this allows you to submit new and relevant evidence for your claim. Supplemental claims can be made anytime after your denial however, If you go this route you can preserve your effective date if submitted within one year of denial, if after your effective date will be the date you submitted the supplemental claim. You can also use the supplemental claim after a denial at the BVA or Court of Appeals for Veterans Claims (CAVC). This route also is the only one that the VA maintains its "Duty to Assist" I.e. look for evidence outside what you have submitted in your claim (VA health record, Service Record, etc), however its never a good idea to hope the VA finds what you need, do your own research and work, dont leave anything up to hope. If you are denied you can request to have a HLR or file a NOD and go to the BVA, If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts. Higher Lever Review (HLR): This allows for Veterans to request that the RO issue a new decision based on a "senior" rater reviewing your claim de novo (new look), basically they take a brand new look at your claim to see if anything was missed. The reviewer can overturn a previous decision based on evidene presented and CAN issue a Clear and Unmistakable Error (CUE) ruling. You CANNOT submit additional evidence with your request for a HLR of your denial compared with a NOD or Supplemental Claim. They will review the SAME evidence presented in your claim that the intial rater saw and issue a ruling on that. If you are denied you have one year to file a supplemental claim or a NOD and the BVA. If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts Timeframes for decisions: Below are the goals the VA has set for each portion of appeals, these are not guaranteed timeframes and depend on current que and variables in your case. Supplemental Claims: VA’s goal for completing Supplemental Claim decisions is an average of 125 days. Higher-Level Review: VA’s stated goal for completing Higher-Level Reviews is an average of 125 days. Appeals to the Board of Veterans Appeals: VA lists varying adjudication timelines for each docket. Direct Docket: VA has set a goal to decide claims in this docket within 365 days. Evidence Docket: VA states that claims in this docket may take longer than 365 days. Hearing Docket: Appeals in this docket are projected to take the longest amount of time to adjudicate, with wait times that may exceed 365 days. Other Important Information: It's important to note that you can "switch lanes" at any point in the appeal process prior to a decision. Example: Your claim is denied and you opt for HLR 180 days after. 60 days after submitting the request with no decision being issued you decided to file a NOD and appeal to the BVA instead, OR you discover new & relevant evidence that supports your claim and you wish to submit a supplemental claim. You will need to submit a written request to the VA authority that has your appeal and request that it be changed along with the proper paperwork for the new lane submitted to the RO than issued the denial. Denials of your appeal also give you the opportunity to change your appeal. Example: Your claim is denied at the RO, you submit a supplemental claim and that is denied you can now choose to submit for a HLR or file a NOD to appeal to the BVA.
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