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Everything posted by asknod

  1. I'm seeing or hearing this almost every week. With the corona virus in full swing, it was virtually impossible to meet with a VSO service rep to file a claim. Numerous VA telecommuting raters with nothing better to do at home, have been ordered to access the VBMS and began looking for claims for increase to CUE on old, out-of-date criteria. They are flooding the Vetsphere with these reductions. Everyone, even VA personnel in VBA, want to appear productive. Bingo. What's left to do? SOCs, SSOCs, dependency claims and reduction proposals. Now, the regulations concerning this are critical
  2. I always trust the Veteran to tell the truth. Conversely, I always expect the VA to hamburger the discussion. TDIU is what we call an extraschedular rating and essentially equal to a 100% schedular rating. You can loose TDIU if you a) get better and they reduce your rating; b) start working again while on TDIU; or c) obtained the benefit fraudulently. Permanent and total (P&T) is an acknowledgement that you are just that. You're toast and your condition is never going to improve. Thus TDIU with P&T awarded is a dynamic condition at best versus a 100% schedular rating with P&T
  3. Reading comprehension is often the key to understanding. Sometimes it's right in front of your face. What I did was read the whole thread, sir. Mr. Kevin4993's original beginning post dated May 13, 2020 stated: <<<<<So I had a review for my mental issues this past week. I was rated at 70% prior to this past week, and with other combined service-connected issues I was rated 90% with TDIU too 100% This morning I logged onto e-bennefits to see if any changes was made. I looked at the disabilities listed and sure enough they have dropped my mental down to 50%, was
  4. Kevin4993's post w/ his RD is confusing. If he had TDIU before he got that decision dated 5/08/202, then look at the finding of fact. It says TDIU is established as of 5/08/2020/ This is the "reset" I've seen a lot of. They up one rating, drop another and call it good. If they drop it once, they'll be back. I see a lot of VA combining TBI w/ PTSD ratings-again just a simple readjustment but I had a guy with 70% PTSD and 70% TBI lose the TBI and VA say "Well, the symptoms overlap and we can't figure which is which so poof! Bye bye TBI @ 70% but not to worry. It won't change your paycheck." Ah.
  5. During this Corona madness, we are seeing a lot of reductions in ratings. Here's the gig. If they send you a reduction notice, you have 30 days to stop the action and request a hearing. If you do, they cannot adjudicate the reduction without doing a hearing. If you fail to respond within the 30 days, they will effect the reduction within six months. However, if you fight the reduction after the 30 day point, you get a total of 60 days to request the hearing. If you do not, the reduction stands and you have to file anew to get an increase back to where you were. I have a combat medic with
  6. Mitchell v. McDonald, 27 Vet App. 431,440 (2015) (Cases “must be decided on the law as we find it, not on the law as we would devise it”) And no, Loyal. The OGC Precedent is not on point. <<<ADDRESS A SPECIFIC ALLEGATION>>> refers to belatedly raising CUE in an adjudication already underway where CUE was never alleged below. Here's a piece of judicial wisdom given to me by one of the acknowledged masters of VA litigation: A Motion to Revise will always entail CUE Conversely, a CUE will not always entail the filing of a Motion to Revise. I guess
  7. An open letter to the readership of Hadit.com: I always prefer to respectfully disagree rather than attack. Semantics are ambiguous at best. I find it odd that BroncoVet has searched "ratings error correction" and cannot find it. Perhaps VA raters think they are above error. I included the exact quote from the Rosinski v. Shulkin decision in the post I put up to dispel any ambiguity on the term. You can read that decision here: http://www.uscourts.cavc.gov/documents/RosinskiDJ_17-1117.pdf Sadly, some of us disagree purely for the reason that they consider themselves cor
  8. You answer your own contention at the beginning of your thread with the M 21 cite: <<< M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions 1. Finality of Decisions - this discusses binding and finally adjudicated claims A finally decided claim is one that has been final for over a year-i.e. you have one year from a decision to appeal it by filing the proper form depending on it being in Legacy or the new AMA. Once a year has passed, it is unappealable and can only be attacked via the presentation of new service department records never be
  9. The only time the disease or injury being service connected that provokes or contributes to death is beneficial is when you have been P&T less than 10 years. After ten years, you can die of anything-SC or NSC- and the wife and kids will still get DIC.
  10. Yep. That wasn't a CUE. I try to teach that important fact. A CUE can only exist on a prior final claim.
  11. Is this your very first claim for these service connected disease/injuries of the foot or a reopening of an older one? I just want to make sure before I offer advice.
  12. <<<<<I filed for an increase for my husband’s knees and back due to things not getting better. In Jan 2018 they provided an increase for those items but lowered the % for migraines to 0% without a warning or exam. I immediately fled a NOD. They had continued to deny his increase even with his headache log, statement, medicine history and doctor and neurology notes in the system submitted by me. Sep 2019 we received another no answer and I filed a supplemental claim for headaches among other issues. It was filed 1/2/20. He had his C&P exam 2/20. Doctor wrote DBQ to get him in
  13. Back to the renaming bulletin board. Correction: 18 CUES in fifteen days as of this morning. This is out of control. https://asknod.org/2020/04/10/fort-fumble-arkansas-drivin-that-train-high-on-no-brains/
  14. Gotta rename this one. 12 CUEs in 13 days or three decisions total now in 13 days. They still have the effective date wrong. See attached. It gives new meaning to the idea of reconsideration. But remember folks, CUE is a rare occurrence (Fugo v. Brown 1995). redact 4-8-2020 Narrative.pdf
  15. Try this one on for size. I have two just like it on appeal to the Board. Double A&A for no condition considered twice under Breniser v. Shinseki https://www.va.gov/vetapp18/files8/18126101.txt
  16. Another warm tale for when you're self-isolating. Be safe. https://asknod.org/2020/04/02/ft-pea-gravel-arkansas-ozark-mountain-daredevils/
  17. asknod

    SMC-S For Surgery

    Correct. I would suggest a 526 form simply because it will capture all your metrics. However, because of the new AMA, the intake idiots (I call them the "booth bitch" regardless of gender) have begun a microscopic review of our c-flies to detect if you've ever filed for ____________ and been denied. If you have, well-hold the phone Ramone. We can't accept it on a 526. That's only for stuff you've never filed for before. What were you thinking? Send us the correct form and we'll upload it...soon. Maybe. But they never tell you which one is the "correct" form. That's legal advice and they are no
  18. asknod

    SMC-S For Surgery

    Understand that the regulations for SMC simply states that you need to show you medically qualified for the specific rate (most frequently for SMC S) in order to get the entitlement- even if it's temporary. There is no time limit to claim it as it isn't a claim with claim rules. SMC, quite simply, is due and owing at such time as you qualify for it. Period. No one can question having a surgery that rendered you 100% temporary for X months/year. You have to file for it to get VA's attention but you do not have to file it on a specific form because, as I said, SMCs do not require a claim filing.
  19. By the numbers- 1) your doctor did not state he had read your Claims file-even if it only consisted of 3 pages. 2) you are not given the benefit of the doubt if your records are missing or lost. You are only given a heightened level of review. 3) you lost because your IMO is defective. Your doctor didn't have anything to work with. He cannot opine on your illness/injury(ies) without some background evidence. You cannot recite your history to him and say "Yep. That's what happened." If you'd said "I was abducted by aliens and they screwed up my back.", you would be met with the s
  20. Here's a great story to start Spring. Janet and Donald are my oldest customers. Janet found me here in 2014 before I was accredited. She waited and bided her time waiting for me to get my license to kill. https://asknod.org/2020/03/09/bva-r2-you-cant-always-get-what-you-want/ Nothing, I mean nothing, could keep this woman from winning. She also snagged all the goodies on SHA and the auto grant without me. I do hope Cupcake will be that aggressive on my account if I get this ill.
  21. Great story of another one of my neighbors. Glad I was able to be his Sherpa. https://asknod.org/2020/03/06/va-ama-20-0995-you-take-the-long-way-home/
  22. Imagine being a Senior Airman at E-4. You make Staff Sgt. at E-5. You don't have to choose between being a senior airman over becoming an NCO. If your pay for Married with children is $3,279 + rugrats, it's now $350 more with the same amount for spouse and wallcrawlers. SMC is a quality of life issue. The more you lack, the more they pay. Each 1/2 step increment is about $250 after SMC L. You also get SMC K until you hit SMC O.https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/
  23. Well, Hell yeah. Of course it does. Winning is fun. I still haven't lost yet (knock on wood).
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