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asknod last won the day on June 23 2020

asknod had the most liked content!

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About asknod

  • Rank
    E-9 Master Chief Petty Officer
  • Birthday 04/01/1951

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Profile Information

  • Military Rank
    Sgt. E-4
  • Location
    Gig Harbor, Washington
  • Interests
    VA law. Admitted to the CAVC Bar

Previous Fields

  • Branch of Service
    USAF/ Air America
  • Hobby
    VA Nonattorney practitioner #39029 POA Code E1P; Admitted to CAVC; Member NOVA; CAVC Bar Association

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  1. Just got this from NOVA. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173130/2021-05-10-Memorandum-of-Changes "Compensation Service established an integrated project team consisting of regional office personnel (quality review specialists and coaches), as well as representatives from within Compensation Service’s other staff groups, the Offices of Field Operations and Administrative Review, and Pension and Fiduciary Service, all of whom collaboratively examined means for making the M21-1,
  2. Fat, the question is how much time is your "friend" willing to wait. An appeal of this to the CAVC needs "sufficiency" to even get a vacate and remand. That means finding an error of case law or insufficient reasons and bases for denial . If the denial of the BVA appeal for increase to 50% was legitimate, you aren't going to get any sympathy at the CAVC. That isn't a "CUE" determination-it's a legal determination. Did the BVA judge do it correctly? If so, going to the CAVC is a waste of time. My suggestion is if you really want to win this rapidly, there is only one way. First, your frien
  3. This thread is a hoot. I'm currently representing an attorney. She came to me for representation precisely because I'm not a lawyer. She contends folks who graduate from law school suffer "attorney brain" ever after. Attorney brain is like the drug commercial with the egg frying in the pan (This is your brain on drugs). No aspersions being cast here. Just a synopsis of all I have read. <<<"So, tell me, if you go into the room for a C&P and a doctor who is distracted for some reason or exceptionally incompetent in the practice of her profession writes things that are absolute
  4. Rating decisions are a function of the AOJ. As a matter of course, legally speaking, the Court doesn't make rating decisions nor do they award $. They are not a court of equity. They have no authority to do so. They judge the case, up or down, purely based on the evidence of record. Once you file your NOA at the Court, the record is closed. The Court has the power to reverse, set aside or vacate due to error. All my claims/appeals for the highest ratings (SMC (o), R1 & R2) have always been won at the BVA. VA rarely, if ever, grants these locally. No DRO wants it on their resume. I've had
  5. Your decision is the "instant appeal" you show above. Always remember the VA is not required to conduct an unguided safari through your claims file in search of any and all entitlements. While SMC must be awarded the moment it can be ascertained it is due, in order to crack this nut open you sometimes have to file a claim to remind VA they forgot. VA is not much of a self-starter and will pretend not to "see" an inferred ancillary benefit like SMC S-most especially under §3.350(i)(2). Far too many Vets think that just because you have a 100% schedular or TDIU, you automatically qualify
  6. I like to lay punji pits for VA raters. Here's a classic. I knew my Blue Water Vet had filed for MDD 2ndy to IHD back in 2002 when he filed his original claims (and lost). He wasn't boots on the ground so they hosed him with the Haas v. Peake decision. When I reopened in 3/2020 after the new Procopio Nehmer rules, I left out the MDD claim because, by rights, the rater would be obligated to rate it under §3.310 with the effective date of 2002. There was big money on this-like $250K. These weasels carefully rated him such that he was below 50% after 2006 thus depriving him of his CRDP. CRDP= co
  7. Lotsa talk but no real answer to the member's original question. If you have a VSO or VA attorney/agent representing you, they, and only they, can view your efile online in VBMS. There is no such thing as a paper claims file anymore. At the VARMC in St. Louis are all the remaining, inactive ones. If the Veteran reopens an old claim, they scan it and convert it to an electronic record. If you work for VA and have a claim in, you must have your file maintained in St. Paul (VBA 335). St. Paul is a RACC office. RACC stands for restricted access claims center. That is what VA calls a
  8. A long time ago, a good fried (Gene Groves) who has filed more CAVC appeals than any of us collectively ever will, argued there was a back door on VACOLS. He had sent in 8 requests to stop further adjudication on an appeal temporarily.(Hamilton v Brown (1994)). Only five were visible. VA ignored him until it got dicey at the Court. He pointed out that some correspondence that should be in VACOLS went missing. Then they magically reappeared. Turns out VA had been lying for years on this. McDonald had to admit they "found" a backdoor nobody seemed to know about. They plugged it-or said they di
  9. Let's be honest here. Aphonia is listed in §3.350(a)(6): (6) Aphonia. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. This only happens when your vocal chords are enucleated (think throat cancer) such that you can only move your lips to communicate. Loss of, or loss of use of the lungs sort of means you die... I have succeeded in getting several folks rated for this (DC 6517) but only at 0%. There's a logical reason for it. It's secondary to Parkinson's (Paralysis Agitans under DC 8
  10. 38 CFR §4.124a DC 8512 = LOU of one hand (70% dominant; 60% nondominant) and §3.350(a)(2)(i) (SMC K) §4.71a Diagnostic Code 5109= Loss of use of both hands and §3.350(c)(SMC M)
  11. If you are $ challenged, I suggest one of my fellow VA agents who provides this service to Vets now. Beth Spangenberg of Valor4Vet.com will work directly with Vets without requiring you have an attorney/agent. This is often the roadblock Vets (or anyone) encounter. Quite simply, too many IMO outfits have been burned by extending credit and not getting paid. Beware the pay-to-play outfits like the one in Florida who prey on Vets. If they offer their work for free with some ungodly financial contract and ask you for your ebenefits ID and password as a condition, don't walk away. Run. For t
  12. SMC L, which is described in §3.350(b), lists four "conditions" which merit an award at that SMC level. You need only qualify with one condition. Loss of use of the upper or lower (bilateral) extremities or one upper and one lower extremity. Total blindness @ 5/200 or less Permanently bedridden Need for the Aid and Attendance of another Once you qualify for SMC L, you have reached the "entry level" for additional higher-level SMCs above those in SMC K,Q or S. The SMC L conditions are often called the Breniser conditions after a famous case. You must have independen
  13. https://www.law.cornell.edu/uscode/text/38/1159 found it and came back to apologize/ present USC cite. Thanks for your confirmation PACmanx . I did believe It was protected but searched half the day for a CFR that says it. It's only incorporated in §1159 unless one feels §3.105 "covers" it. Unfortunately, it only protects the actual service connection, not a particular rating percentage. They can still reduce your rating after 10 years so it isn't any guarantee you'll preserve a rating like §§3.344; 3.951 insurance. I'm seeing more and more attempted reductions which are waaaay past 5 years b
  14. The HLR reviewer is mistaken. The only showing of a need for a 100% rating used to be SMC S... §3.350(i). (i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, That requirement is a
  15. Not too be picky or rude but I've reviewed 38 USC §110; §§ 3.10;3.344; 3.951. Can someone cite case law, precedence, statute and/or regulation to support this ten-year rule granting immunity to service connection? I am unable to find it in statute or regulation. The only way to eliminate service connection for a disease or injury would be for VA to show you obtained via fraud. §3.105 governs this eventuality. Nowhere in the four corners of §3.105 can there be found a ten-year protection against removal of SC under any and all clear and unmistakable errors. §3.344(c) protects a ra
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