Rattler

You only need 70% plus proof that you are UI for the VA to rate you as such. That is what happen in November to me. I am curlily working on my EED.

And now we know why no one can get anything through the BVA or the Court of Veterans appeals. Mr. CUE has it all tied up. (Just kidding keep it up. You can bet I will.) I have read where the BVA has tried to use "res judicata" prevents you from simply continuing an appeal. "  There seems to be some confusion on "res judicata." Res judicata only applies when a "Court of Competent Jurisdiction" has render a FINAL decision.  I.e. CAVC or the Court of Claims. The BVA is not a court in the same way the others are. The BVA is an administrative hearing like a Social Security Judge is. So res judicata only applies if you have ben to the other Courts.

Thanks' QUE for the above cases they are relevant to a copies of issues I am dealing with now.

I live near Fort McClellan. The following was in The Anniston Star new paper on October 20, 2021. Fort McClellan Chemicals 10-20-21.pdf

First I woild like to apologies for not getting back on hear before today.  I had a computer crash around the 15th.  (The CPU went out after abut 6 years You would think they Dell would make em last.) Due to the amount of data it took me tell today to get it in another box and up and running. I am blaming this on Berta because of her recent computer problems. (not really got to blame it on someone love you Berta)
As to the above quote. I have been training the last 3 years to get certified as a independent VSO. I have been waiting about 1 1/2 yeas to get approval to take the test.
I know they tell you that "its not adversarial" but that is BS. I will post the rest of the story in another part of the forum.  I had a conversation with a VA employee attached to the Whitehouse hotline who tried to tell me the same thing.  I pointed out how the VA went doctor shopping for an opinion that went against there own C & P Doc's exam. I also point out how they waited 8 days to rate me @70% PTSD so they wouldn't have to rate me for UI. Anyway he (The VA) because of our conversation filed its own QUE error and he called back latter in the day and told me they UI me @ 100%.  There are other issues with the effective date that I will make them go back on.
Anyway her is my point if you were come to me and ask me to help you file a claim and do not have your doc to back it up the only thing I will help you do is file an intent to file as it does not screw up your claim as filing one that is not a fully developed claim. In my experience (43 years dealing with them) If you file and that's all you do and get denied the bar is much higher to reopen one.
 

So last weekend I received a notice for another C & P Exam by the same PHD that did the exam that got my charter of discharge changed. I called 800 Betty and ask what is the C& P for? All they could tell me was it might be for Dysthymic disorder as the VA in its confusion so how thinks someone has diagnosed me with it.  As I have a good working relationship with this PHD from the last C & P I called them and ask what it was for because he just did a C & P on June 24, 2021. They called back yesterday and said it was to determine if I was Unemployable. 
Well that's a game changer. The new claim I filed for my knees and hips. When I became disabled in 2008 it was due to my knee's, hips, and back. (see SS doc's attached on first page) The orthopedic surgeon who is treating me did a statement (attached below) supporting my claim for knee's and hip's. At the same time as I filed my claim for knee's and hip's I filed an report by a PHD that stated I was unemployable. (also attached) I know its common knowledge that the VA usually uses the date you filed as the date for back pay.  But there is some rulings that require the to go back to the date you become unemployable. In my case it would be 2008 or 2009. 
In 2017 to 2018 I represented another veteran that was trying to in crease his PTSD ratting from 30% to an unknown (at the time) higher ratting.  We were successful in bringing his from 30% to 70 % and 100% unemployable with an effective date of 2013 the date he became unemployable via social security. 
 
Redacted Functional Capacity Report Wailliam A. Crunk, PhD, CRC 8-9-09.pdf Rdacted Sworn_Dec_DR_Michael A Weidmer.pdf

Berta
I agree with you and GB that it probity needs better eyes than mine on it. I guess I am probably going to call some attorneys other then a person GB suggested because I do not have any use for VSO's (See brokensoldier244th post of my PM to Buck52 below.
I will try to answer some of you questions below.
I filed a Supplemental claim Because they did not do a ratting decision on the June 24, 2021 C & P Exam (see Attached)
Is the Award letter of July 30.2021 the last correspondence you received from the VA? See the Decision Review Officer 7-1-21 doc.
I called the WH hotline today and got a number where they are checking into it.
Does the VA have your bank account number? Yes
What is the date of the first claim you ever filed with the VA? I filed for a claim for my right shoulder and right wrist on 6-16-81 it was denied because of the charter of discharge. They never did any development on it just denied it. Basically it and an education application was the ones who started it all.
I also filed an FIOA request for the C & P Exam on June 24, 2021. I used the VA's new form. I probably should have used the letters I have as they put a more restive time frame on the VA.
I received one of those "secure" emails today that I can't open because the software on my PC is up to date. (I am a retired IT person)(the software won't work because one of the requirements is they use on older version of  NET FRAMEWORK than the current one that Microsoft uses.)
I will call them tomorrow an have them fax it to me.
Thank
Rattler
 
SUPPLEMENTAL CLAIM-PTSD-MST-Filed 8-16-21 FAX-Redacted.pdf FIOA Request C & P Exam of 6-24-21 filed 7-14-21 Redacted.pdf

Ok so I get this letter (attached hear) that pre-dated the other decision letters. (7-27-21) So I am interested in what some of you think about it. I am wondering if there are some CUE errors in all of it. QUE #1 from what I know the following statement.
"The Veteran's discharge from the United States Army for the service period of July 27, 1976 to July 21,1977 is not a bar to the award of VA benefits. 38 U.S.C. § 5303(b); 38 C.F.R. §§ 3.12(b)."
Means that I am eligible for all the benefits. Not just Chapter 17 service connected health care as stated below.
"You are entitled to health care benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected for active service from July 27, 1976 to July 21,1977"
You only get benefits under Chapter 17, Title 38 U.S.C. and 38 CFR 3.360(a) for any disability determined to be service - connected if you have a UTH discharge the the VA considered to be dishonorable.  (I spent 40 years getting screw that way.)  They keep stating.
"In this case, you were declared insane at the time in question. (38 CFR 3.354) Following review of the evidence of record, showed sufficient reason why the bars to benefits imposed under 38 CFR 3.12 should be set aside in your favor. In the absence of any additional evidence, it is therefore determined that your discharge from the period of service from July 27, 1976 to July 21,1977, was under honorable conditions for the purpose of eligibility for VA benefits and is therefore not considered a bar to benefits under 38 CFR 3.12(b") 
"You are eligible for health care benefits only for medical conditions found to be service-connected under the provisions of Chapter 17, Title 38 U.S.C. for this period of service."
This has got to be a QUE error. 
The fact that the VA has failed to rated me for any kind of menial heath issue makes me think the VA is trying not to rate me or lowball the ratting. In the "Decision Review Officer Decision 7-1-21" they state.
"Base on review of the evidence, the history provided and examination findings; the examiner determined it is at least as likely as not (50% or greater probability) that the appellant was insane, per the aforementioned VA regulation, at the time he committed the offense leading to his discharge from service, absence without leave (AWOL) from March 31, 1977, to June 21, 1977."
My experience helping other Vets upgrade the % ratting in VA speak (50% or greater probability) means 70%. The two questions I have are. 1. Is the VA trying not to rate me because of the type of discharge. 2. I have read somewhere else in the forums where people think because some of the claims like mine that go back some time the VA is doing stuff like this to try and not pay the 3 years of back pay
RattlerLtr ADMINISTRATIVE DECISION CARTER OF DISCHARGE 7-27-21 REDACTED.pdf
 
 

Cross your toes Berta for me. I hope so too. With my experience with the Montgomery, AL VA I'm not holding my breath. I am going to post another Question in a different part of t6he forum that Relates to 100% extra schlager.

Berta This is the part I don't know the way I got the attached letter is I call 800 Betty and because it had been more than 12 days from when they mailed the letter so they faxed what you see to me.  I thought the RO would have done a ratting decision so to cover all the basis I file a 20-0995 supplemental. 

john999 that is exactly what is now call PTSD now. I after all I've been through I still have a love for the Army. (Must be the PTSD Talking) And would go in again with out the BS. The Army I went in was in transition from Vietnam and is not the latter one that kind of got better. In my case it was the Co. CO who was the problem along with some NCO's.

I am writing this in hopes it will help someone who is in the same situation that I have been for over 40 years. I was discharged in 1977 in one of the Army's administrative quickie discharge programs for the 100,000 plus who were AWOL from Vietnam and other reasons. (My AWOL was 83 day and there is much more to the story than I care to put hear.) At the time I was discharged I multiple medical conditions that were ignored to speed the discharge. At the time of the discharge aside from the multiple medical conditions I suffered from PTSD due to MST. (This was unknown in 1977 as there was no PTSD or MST at the time.)  In 1981 the VA denied all benefits because of the discharge they said my service was issued for "willful and present misconduct." I did an Army discharge Review Board attempt to upgrade in 1981 and it was denied . (The PTSD due to MST was not considered as it did not exists than.) In June 2017 I was granted VA Mental Health treatment for PTSD due to MST. I am still receiving treatment.  I filed ageing in 2018 to have my Charter of Services changed due to the new diagnosed PTSD due to MST.  As must Regional offices do not know (or didn't know in 2018) how to properly handle PTSD due to MST. It has taken over three years to get the attached decision. It took 2 VA Regional Office denials and a Board of Veterans Appeals remanded to the Regional Office and 2 C & P Exams to get here.  The RO failed to rate me for the PTSD in its decision.  Why have I said all this? The point is no matter how bad it looks DO NOT GIVE UP.
I have decided to attach all the decision documents assorted with this claim. I have some renovations on posting Mental Health C & P Exams as there is a lot of personal information in them. But if it helps someone not suffer for 40 years of the VA BS than its worth it. The only document that isn't hear is the June 24, 2021 C & P Exam that the VA could not get around that lead to the win above. I will post it hear if when if ever the VA answers the FIOA request for it.
What's next?
I filed SUPPLEMENTAL CLAIM because they did not rate me on the PTSD
I filed a new claim for Knee injury's
I am in the process of filing a SUPPLEMENTAL CLAIM that dates back to the 1981 denial for shoulder an wrist.
Redacted VA Eligibly.pdf 3-2-21 BVA Remand Order to Montgomery RO Redacted.pdf VA Ratting Decision PTSD due to MST 5-20-20 Redacted.pdf Ltr 7-1-20 SUPPLEMENTAL STATEMENT OF THE CASE Redacted.pdf C & P Exam PTSD 5-6-20 Rebecca Yasunaga PhD VES Redacted-1.pdf 3-2-21 BVA Remand Order BVA Online Decision Review Officer Decision 7-1-21 redacted.pdf

In one of the conversation last week with 800 Betty I found out that the VA is having problems with its mail system. So if they have issued an decision in your case and you have not received the letter yet. (At this point the 10 days do not matter) You can get them to email it to you. (I don't recommend it as its hard to open and I'm a retired IT Guy) Or they can Fax it to you. That's what I did as I have an online Fax account.

You are missed Brother.  I am the last of the family that razed me. So the words "I am sorry for your loss." Seen to be meaning less and I hate to say it to anyone when they are going through it and who was married for 48 years.  I like to celebrate there life and how they lived. For most spouses they deserve all the good they can get as (like Me) most of us are not easy to put up with. 
 
Rattler

GB you junks me..... I went for a C & P on October 7th. Had to drive 110 miles one way because I made the send me to a real doctor.  They made me wait 2 hrs. for an 11:00 AM appointment. The the bitch low balls the ratting does not look at anything in my folder did not look at the evidence I presented at the appointment. So they gave me 10% on my knees that have disabled me from 2008 VIA workers Comp and SSDI. Yup GB its all your fault. (NOT)

There is a lot of bad advice put out there by well meaning but uneducated VSO's that you should submit a form VBA-21-4138 -STATEMENT IN SUPPORT OF CLAIM  and ask for a "VA Reconsideration". The facts are there is no such thing as a "VA Reconsideration".  Trust me I have been doing this for some time. (1981) I recently helped a Vet that had 32 years of service and had no less than 5 requests for "VA Reconsideration" between 2013 and 2016. In  October 2017 by submitting "a fully developed Claim".  By helping him submit the right supporting documentation he was able to go from 30% PTSD to 70% PTSD and 100% Unemployable.
Instead of asking for "VA Reconsideration" you should file a Notice of Disagreement, (NOD) and ask for a Higher Level Review at the Regional Office (RO). I also always request a personal hearing at Higher Level Review at the Regional Office (RO). If presented right it may save you a trip to the Board of Veterans Appeals.

kanewnut
First I think you are confusing your TDIU rating of 100% with a Supplemental rating (70% & 40% or 60%, 30%, and 10%). A TDIU is based on your unemployability by what I saw in the records you submitted to the forum that the Vocational Expert rated you as unemployability in 2000 and the VA as September 5, 2017. You stated "I received SSDI solely for SC disabilities." The question is what SC disabilities do you have so SSDI rated you as unemployable. If the VA has not rated you as a 100% for the SSDI reason that it is an issue with the VA that you should appeal. If it is the same as the SSDI I would do a request for an deferent effective date. Also I would call or go to your local Social Security office (If possible and as for the supervisor because that's what I had to do to get my records.) ask for the following to submit with you Vocational Expert report. Ask them for "Form SSA-831-U3 DISABILITY DETERMINATION AND TRANSMITTAL" and "Form SSA-4268 EXPLANATION OF DETERMINATION." They should be in your record. Depening on what RO office you have they will probably deny the new date and you will have to work the appeal. ( I have seen this in a similar case where the date was done by a VA doctor)
 
Second Supplemental rating SMC (70% & 30% or 60%, 30%, and 10%) is a combined rating you have to have either 2 rating number that add up to 100% with the 1st being at least 60%. Or a combined rating of 3 that equals 100% (60%, 30%, and 10%) The difference between the two TDIU and Supplemental rating is the Supplemental rating you can still work. With TDIU you cannot work. (Regardless of what you may be told)
 
The other two problems I see is you made the statement that you were going to point out the evidence in your C-file for them to review. This does not happen as the ratter does not have the time to read allot in you C-file. (About 10 Min per claim by the math) The way I approach it is like this. I would set up your evidence a exhibits and name the as to what they are. (EX A Vocational Expert etc.) Write your statement and in it I would clearly point to your exhibits and state why/how they apply to what you are asking them to do.
 
Lastly, and I tell everyone this. The reason why you hire an attorney is to separate you from the emotions on the issues. Also for the resources and knloge that they bring to the issues that you and I don't have access to. From what I have read you are letting you emotions get in the way. IMHO I hope it helps. I wish I had more time here to help but I am tied with some of my own legal issues.

I am writing this because I have had great success using the Live Tele-Townhalls with Under Secretary Paul Lawrence. I can not say enough about him and his staff. I have listened to about 5 of them live of which 3 of them I peatipitced in. If you Press #3 and ask a question even if you do not get to talk to Dr. Lawrence live his staff will call you back and try to resolve your issues.  And no I am not a VA Employee.
I want to also note that Dr. Lawrence was appointed by the current administration. It is my hope he will stay in the new administration. He and his staff has been and are of great service to us all. If the rest of the Veterans Administration worked like Dr. Lawrence and his staff does it would not be in the mess it is. This is coming from someone who has dealt with it now for 39 years.
This is the current link to the Tele-Town Halls. You do not have to only call in when its your state it is open to all.
https://benefits.va.gov/benefits/teletownhall.asp#FAQ6
Listen to previous tele-townhalls posted on our YouTube channel. Please listen to some of the previous  townhalls you may find your answers there.  https://www.youtube.com/playlist?list=PLrrh23QvVVYh4-6s5ZQPlKdsq2iX3IVT-

Snakes I am sorry i didn't see your post tell now.  I know I read about this on the Veterans Law Blog.  I am kind if in the middle of some lengthy stuff regarding my claims that has a time limit on it. I will try to answer this or give you a resource to answer some of your questions.  First off listing to VSO tell you or other veterans tell you that "be careful if don't apply to get rated on other issues you are having because the VA will take away your 100 TDIU.  In my opinion this is BS you should get ratted on anything that you are service connected . I don't want to slam VSO to much. There are some real good ones out there. But there are a lot of form pusher who all they do is fill out forms and nothing else to get you out of there face. I am telling you this from a 39 year experience.  One of the most recent ones goes like this. I submitted a fully developed claim for PTSD and requested a RO hearing. Unknown to me the the American Legion VSO removed me evidence before the hearing. (the Doc is in in my C-File) The same thing happen in 1980. This cost me 3 years and a trip to the BVA of which I am waiting an October 21 hearing decision.  I am not saying that there are some raters who will or my not try to change you IU but it takes evidence that you are "employable". 1. I assume you are not working because if you are you are not unemployable. 2. I am also assume you are not in a VA vocational rehab program for you education because at the end of it they can review your ratting. The only way you can be employed and be 100% is through an extra schulder rating of 100%. To put it in simple terms to get a 100% extra schulder rating you have to have at least 3 different ratting kinds of rated issues. if you had 60% 40% and 30% you would be 100% extra schulder rating. (ignore what the % adds up to) What most veterans don't know is there are 5 different ways to get to a 100% ratting.  Chris Attig of the Veterans Law Blog posted in "5 things you Didn’t Know about Total VA Disability Ratings." The 5 different types of 100% ratings. He gives reference to both the Case Law and VA regulations regarding them. Please see the following link. 
https://www.veteranslawblog.org/total-va-disability-ratings/
Crag stated this thin the comments to the above post.
 
So having said all that I want you to think about some things. You said that you are on social security. 1. If you still are you have met the definition of unemployable and the VA must take it into consideration and request you social security records. (VA duty to assist) 2. I have been on social security since 2009. Now this depends on you age. (Over 55 the social security  considers you to be NOT retrainable) But I have only been reviewed once to date in that time and all they did was have me fill out a questionnaire. I intend to have the VA rate me on any and all my service connected issues. I will not let VSO's or other veterans scare me into not getting all the benefits  that I paid for with my service.
Please feel free to PM me hear.
I
 

I have also found that if you have a ebennifets account you are much better off submitting you documation through it vs. sending or faxing it to Janesville to delete because they believe it's  in your file or lose it somewhere.