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First Class Petty Officer
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About SigBnSoldier

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 05/19/1971

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  • Location
    Central California

Previous Fields

  • Service Connected Disability
  • Branch of Service

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  1. I was hoping you'd say that. He's the one that wouldn't let me give up on this. I didn't know he was able to go to CAVC, I'll email him now.
  2. So, VA never even mailed me the decision package, I got this rating decision and notification letter from getting peggy and IRIS to fax me. It looks like I need to go to CAVC since the only evidence they looked at to rate me was the two original 21-526 forms from 2003 and 2004. They didn't even bother going though my claims folder to see I was on SSDI and that my medical records were riddled with notes of being unemployed. So, please, suggestions for an attorney to take this to CAVC please! I already called Katrina Eagle, her work load is too busy. Any ideas please? redacted pdf.pdf
  3. No I did not apply for tdiu. This is a grant of an earlier effective date for between years 2003-2012 so the new law for tdiu does not apply to this. The argument is that evidence exists in the file of unemployability, it is reasonably raised by the award of ssdi five months prior to the effective date of 11/20/2003. VA should have inferred IU. I am still waiting on the letter from VA giving their reasons.
  4. Broncovet, You are clairvoyant I think. My resistance to attorney is that I've avoided them up through the BVA because of 30% fees I didn't want to pay. I previously spoke (2years ago) with Katrina Eagle in San Diego and she herself told me she thought I had a good understanding of my appeal and I might want to go it alone rather than give her 30% of such a big award. So a grant of TDIU back to 2003 vs. a grant of 70% is another large award. But you encourage me here, maybe I'll call her again.
  5. VA was aware of SSDI award back in 2003, thats the reason they disallowed the pension grant, my income was too high.
  6. Read the bva decision, I already recieved the eed. It’s the assigned rating that is at issue here.
  7. Thank you broncovet. I'm sorry I wasn't clear on my question. I'm not appealing the effective date. I already won that at BVA. I'll post my BVA decision at the bottom. You'll notice in the last paragraph on the VLJ's decision she states she's not rating the appeal just granting the EED. BVA sent the granted (considered full grant) eed back to the RO to assign a rating from between 2003 to 2012. This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003. Then later, in 2012 granted same contentions. So now, the RO received the full grant from the BVA and assigned a 70% rating from 2003 thru 2012 and paid me the retro on Saturday. I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities. Anyway, here's my BVA grant, hope it gives you a clearer picture. redacted BVA.pdf
  8. Dear Hadit- EED granted at BVA, sent to RO for rating. RO rated PTSD w/Bipolar Disorder at 70% effective 11/20/2003 I believe IU should have been awarded as my SSDI records and award reasonably raise the issue of IU which wasn't considered. Will this need to go to CAVC or back through the NOD process at the RO? I'm getting conflicting answers from DAV and peggy etc... P.S. SSDI was awarded 5 months prior to 11/20/03 solely on my service connected bipolar.
  9. Update- Appeal rated and finished, payments authorized today, letter mailed from San Diego today 3/7/18. Of course peggy would not tell me the ratings but surprisingly she told me there were multiple retro payments authorized and she'd be willing to tell me the $ amounts of them. So I wrote all 13 payments down and totaled them up, it comes out to what 80% rating back to 2003 would be, with no P&T or IU. So I'll be turning in a NOD or sending new evidence if I'm allowed to do a "reconsideration" for IU. The record shows I was on SSDI before that 2003 date as well as tomes of VA medical records indicating very low GAF scores and being danger to myself and others back then. Don't get me wrong, I'm super happy to have the $10X,XXX retro, very happy! But I know my medical history warrants IU and I am going to fight for it. I just hope it doesn't take 6-10 years to get back to VLJ again. Special thank you to everyone here, you guys are the best.
  10. Berta, Thank you for the excellent response, you answered everything I was wondering about. I will follow your advice. I'll update this thread when I hear back from AMC.
  11. Anybody? The question is... After a BVA grant of an EED, and the appeal is sent to the AMC and they lowball the rating, what do you do? Send a NOD to the AMC or does the appeal go back to BVA? Thank you in advance.
  12. After a ton of bouncing around I've finally located where my appeal went for rating. The AMC. Despite the ombudsman emailing and telling me my file went back to san diego, it's at the amc. So what do I do if I disagree with the rating the AMC gives me for this EED? I'm fully expecting them to lowball at 10 or 30%. Do you just fill out a NOD and step back on the hamster wheel or do you get to go back to BVA? Thank you. P.S. on a side note, VA peggy claims my station of jurisdiction is St. Paul. WTH? I live in California, I don't have any relatives that work for VA and I've never worked for VA.
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