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andyli32

Seaman
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About andyli32

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  • Service Connected Disability
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  1. First, hello to TBird, Pete, et al. I knew you all from the old board before the late, great Alex Humphrey passed away. Thanks to you all I went from 10% to IU. In the context of the recent Henderson v. Shinseki. I missed a CAVA deadline, actually a "stay", to attain an attorney, in my 2009 appeal before the CAVA. The CAVA letter, an "ORDER", also stated that I had 14 days to dispute this "ORDER" (RECORD BEFORE THE AGENCY (RBA)), I also missed that deadline. In a nutshell, my appeal was about extra-schedular consideration for my depression, going back to an earlier effective date. I fully understand the complexities and subjectivity of extra-schedular consideration by the VA. My point before the CAVA was that there was too much subjectivity in granting extra-schedular consideration by the VA (yeah, I know thats the point "where the veterans disabilities are not addressed fully by the schedules") and that I should be granted an earlier effective date or at least have it explained to me, specifially in detail, why I didn't meet the criteria for extra-schedular consideration. I failed to meet the above deadlines due to my service-connected depression. My question is does the recent Henderson v. Shinseki apply to missed deadlines only set by the VA or does this decision also apply to CAVA deadlines? I've read as much as I could on this recent decision but I am still at a loss. Thanks to all for you help. Andy
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