jbasser

Also here is exactly what you want. § 3.105 Revision of decisions http://ecfr.gpoaccess.gov/cgi/t/text/text-....49&idno=38 John

From any stay in a VA hospital these notes are of the record. They must be specifically asked for on the FIOA form. It may open doors for you.

Grent, you have to be tactful with the VA. You have to show them that you know the regs and you are on top of everything that takes place between you and them. Once they realize you have educated yourself with their own system then things will be different. That takes months if not years to obtain the knowledge needed. Some folks here as well as myself have actually studied the M21. Research and learn as much as you can. J

Its time to get busy with them. Yes by all means go ahead and do the NOD and inthe NOD lay out your reasons for their CUE. You will win. Did they send a notice of a proposed reduction, I think it is just a scare tatic. You know where to kick them. Make them all Sapranos. J

They are playing give and take with you. File a NOD stating this is another cue in the making as the VA has no basis in reducing your husbands percentage. They way you good folks are being treated is a living shame. Also show the award to your congressman and ask him to personally get involved.

Those sections in the regulations marked reserved must be marked for a reason?

Hey Jim. Did you get your hands on the Nurses notes from your admission? It may just break it open. J

Niki, the regs state that a claim is to be rated under this criteria.http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=2bd58af5dc5f5054f4472e17139a3238&rgn=div8&view=text&node=38:1.0.1.1.4.2.68.172&idno=38 effective dates. It is the date the claim is filed or when the condition arose whichever is later. The medical record is the important thing here. Anyway as I always insist on a Veteran to get a copy of the cfile or claims folder from the RO. Keep filing for the secondaries as they truly effect your life. Good luck, Keep us posted and welcome to Hadit.com. where Knowledge truly is power. John

Are you sure your SMC is not SMC S. 100 plus 60 rule? The rate for a married vet with 1 child is 3074, you add the extra child and it equals out to 3145 SMC criteria is somewhat confusing. John

In reality, As a former Va employee who actually dealt with that area, The awards are budgeted and each department splits up the money and the employees get a share. J

Things are looking up for you. Keep chipping away at it. J

It would be wise to get all information from the VA including exam notes. Always be prepared. Go ahead and file any claim. Not filing can cause a delay in the recipt of comp. Sooner is better. It does not matter is another claim is ongoing. J

Ron, go ahead and request it. You never know what your situation is with the VA until you get a copy. Many cue claims have been filed and won just because someone got a copy of their file. It does not matter what phase of the process you are in. GuaymasJim I posted the corect form for all to see. Thanks for catching it. J

Man, I did the same thing and I got 30 percent for it. You should file yesterday. If it is in the record and you are still having htem file for it. Make sure the Doc puts the word prostrating. They also base it on episoes per month. If they cause you employment problems you may get as high as 50 percent ( MAX) Look these up under the schedule for rating disabilities. Your Migraine claim should be fairly easy and quick to get approved. Good luck. John

Call SSA and find out or go to the site www.socialsecurity.gov and look under the FAQ section. J

Fill this out and send it along with a letter requesting the Claims folder copy. http://www.va.gov/vaforms/va/pdf/VA3288.pdf John

Due to the present state of the VA regional offices and the ShredderGate issue. I advise each and every one of you to strongly heed Pete53's advice and request a copy of the C File. It does not matter if your claim is decided and your on cruise control or a Newbie starting out. Get a Copy. John

Yes Pete and also be aware of the ones who dont.

Sa02 is your pulse Oxygen level. Your numbers are great. It shows your sleep problems are related to your pain. The VA issues a denial it will not mention current service conencted issues unless you are denied an increase on these issues. Dont start over. If you do not agree with the VA decision you can send in a notice of disagreement. Read this site about the NOD and collect as much information as you can. Learn as much about your disability as you can and learn as much about the VA schedule for rating disabilities. You can search the site for that information and the schedule for rating disabilities has a link on the Hadit home page. Best of luck. Welcome to Hadit. John

I am going out on a limb and say the condition is in your cfile and it may be considered inferred. The only to really see it is to get a complete copy. J

Just think about it, Our prisons are full of people who have done less criminal activity. J

Delay tatic. Talk to an attorney. They try to delay or deny even valid claims at all levels. Stall tatics, delay tatics. Common practice. J

lets not forget the fact that this is a Naval Reserve and not Active Duty. He most likely does not have access to a Base let alone legal.

The board remands claims back to the Regional office or the AMC. Thatis the BVA's way of adding time to your claim. They do too many of them. You can wait for several years to have it corrected. J

I guess that is their way of reducing the backlog. It also saves postage. why even send a denial letter when it can be gone. I wonder how many of those poor folks claims were awaiting processing and the Vet passes away. Tyler, Great post. Keep up the good work. J