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toddt

Chief Petty Officers
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toddt last won the day on October 23 2016

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About toddt

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday 03/27/1939

Previous Fields

  • Service Connected Disability
    90%
  • Hobby
    Photography

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  1. I can understand why the VA would not accept a CD as most any government agency would not. There is always the danger of introducing a virus into their computers. You only need to print out those portions that are relevant to the disabilities he is claiming.
  2. Mine has not been published on the CAVC website. The RO was given 14 days to respond. The CAVC emailed me a copy of the Order. My case is 18-5396 it is dated Oct 4 so I don't know if the 14 days are calendar days or working days. . . . I am going to assume that they are calendar days which means I should hear something by Halloween.
  3. GeekySquid; Number one, document everything you have done to be used if the time comes. Alex (AskNod) suggests that a petition for a writ should not be filed until two and a half years have passed and you have made numerous documented attempts to persuade the VA to "complete" your claim. Here is some good reading material to keep you busy: http://thomasandrewslaw.blogspot.com/2018/07/martin-battling-unreasonable-delays-and.html
  4. Have you checked to see if there is a CFR that covers this?
  5. I have found my mistake. Because the two sentences were separated between two pages I was reading them as three sentences. When you see that there is no period after "So it is" and connect it to the rest of the sentence which was on the next page and started with all caps "ORDERED" then it makes a lot more sense. "Based solely on the petition, the Court can't decide if a writ compelling the RO to decide the petitioner's claim is warranted. So, it is ORDERED that, within 14 days of this order, the government file a response to the petition addressing the petitioner's claims." Well, at least I should know something before the end of the month. Thanks for all the input and apologizes for my almost 80 year old brain not working too well.
  6. So, I'm misreading the two sentences: "Based solely on the petition, the Court can't decide if a writ compelling the RO to decide the petitioner's claim is warranted. So, it is" I requested that the Court compel the Regional Office to act upon the remanded portion of the BVA decision and either deny it with a SOC or approve it. The Court Ordered the RO to file a response within 14 days. I was interpreting the two sentences to say; The Court has taken into account the petitioner's claim and is unable to decide if a writ is "warranted". And because the Court cannot decide they could not deny or dismiss it and therefor ordered the RO to file a response. The "So it is" sentence is what is throwing me. I understand your logic and have read enough writ denials and dismissals but have never come across the "So it is" in any of them. I'm thinking that the RO will come back with a request for more time. Once again thank you for your guidance.
  7. If I am reading this correctly, I believe my petition for a writ of mandamus has been granted. The last two paragraphs of my case at the Court of Appeals for Veterans Claims: "Based solely on the petition, the Court can't decide if a writ compelling the RO to decide the petitioner's claim is warranted. So, it is" "ORDERED that, within 14 days of this order, the government file a response to the petition addressing the petitioner's claims." Now to wait and see what the Regional Office does. From the time I sent my petition to the Court 9/25/18 until today 10/4/18 that is pretty darn fast. Thanks to broncovet for the encouragement and to all of Alex's writings on Writs of Mandamus.
  8. https://militarybenefits.info/cola-increase-watch/
  9. Why do you believe your disability is related to your service? You need to answer that question. If your answer is viable the you need an IMO/IME (Independent Medical Opinion/Independent Medical Examination) which will link your disability with your service. You can search this site for the exact phrasing that will be needed. Look up "Caluza Triangle". Do you need a VSO? It dependents on how much time you want to devote to learn about what is needed to win. The more you investigate the more knowledge you will gain.
  10. I got a BVA grant , it took 6 months to get retro, being retired may have added to the delay.
  11. https://cck-law.com/news/how-does-va-rate-hypertension/
  12. While kidney cancer is not on the presumptive list there was a study done 7 years ago linking it to AO. https://health.usnews.com/health-news/family-health/cancer/articles/2011/05/14/agent-orange-linked-to-kidney-cancer-study If the doctor treating you feels that it maybe as a result of your exposure to agent orange you could get him/her to write up a medical opinion stating that it "is as likely as not" that your cancer is a result of your exposure. He/she must explain in detail why they believe it to be so.
  13. The C-file is just that. It contains records, notes, letters having to do with any claims that the veteran applied for. The VA gathers all information pertaining to what was claimed. The C-file will not necessarily have all medical records. In service medical records have to be requested. These might help you: https://www.google.com/search?client=opera&q=requesting+military+medical+records&sourceid=opera&ie=UTF-8&oe=UTF-8#kpvalbx=1 https://www.archives.gov/veterans/military-service-records
  14. This is great, thanks for posting broncovet. Now if I could only find out how to request a Writ of Mandamus I'd be in high cotton. I have been perusing the CAVC rules for Writs and using google to find out the meanings of "R at 257, Id. at *14", etc., etc. at my advanced age and limited mental capacity it is taking a long time. It has now been 2 1/2 years since my remand the the VARO, so according to Alex (asknod) it may be time to request a mandate.
  15. He could have been a U.S. Navy Hospital Corpsman assigned to a fleet marine unit in country.. We won't know much until "sailorswife" responds to your questions.
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