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HadIt.com Anniversary 24 years on Jan 20, 2021

HorizontalMike

First Class Petty Officer
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About HorizontalMike

  • Rank
    E-5 Petty Officer 2nd Class

Profile Information

  • Interests
    100% TDIU Dec 2015

Previous Fields

  • Service Connected Disability
    70%
  • Branch of Service
    Navy

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  1. vetquest, That may be true when trying to link PTSD and MDD, personally I do not know that at this time. What I do know though, is that TBI and MDD are service connected under: https://www.law.cornell.edu/cfr/text/38/3.310 38 CFR §3.310—Disabilities that are proximately due to, or aggravated by service-connected disease or injury (d) Traumatic brain injury. (1) In a veteran who has a service-connected traumatic brain injury, the following shall be held to be the proximate result of the service-connected traumatic brain injury (TBI), in the absence of clear evidence to
  2. Yeah vetquest, more of the waiting game. What I found interesting/significant was the clear and succinct statement by Dept of VA in their "Revision" letter": "THIS IS CONSIDERED A PARTIAL GRANT OF BENEFITS SOUGHT ON APPEAL" And notice that the only disability that was rated and established my 100% TDIU T&P was/is my TBI. Neither my MDD nor my OSA were included, and thus stand separately, as does my already existing 10% Tinnitus rating. So all said and done, all I need for SMC-S is another 50% between OSA and MDD. The VA changed their own regulations in 2013 that basically man
  3. Update: After the Houston VARO's error of pulling my ineligible claims/appeals into RAMP back in September 2018, NOW one year later my lawyer and I were forced to file for a Writ of Mandamus with the CAVC ( United States Court of Appeals for Veterans Claims). As my lawyer indicated before we did this, the Writ of Mandamus is rarely given by the court and would be denied. However, the CAVC gives the BVA an opportunity to submit a written argument opposing the Writ. That basically ends up being a "wake up call" to the BVA to expedite my appeals and get them in front of a BVA Judge pronto.
  4. It appears to me, that the C&P Examiner is lumping together; TBI, PTSD, Depression, and Alcohol Abuse into JUST ONE DISABILITY. The inability of the Examiner to differentiate/separate these symptoms(read disabilities) from one another, it should be pointed out, falls under: §3.102 Reasonable doubt. It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable
  5. Well, it has taken 6-months for the RO to return my appeal(s) BACK TO the BVA in Washington. And as a result, there is now a 90-day window for "new" evidence to be submitted. At the end of THAT 90-day period, my appeal will then be submitted back to the Board to be placed (actually re-placed) on the docket. This means that the "RAMP" folks will have delayed my appeal(s) by ~9-months, from their mistake of pulling ineligible legacy appeals and placing them in RAMP. Only now, can my lawyer submit a "motion for advancement" on the docket, because of the RAMP/RO administrative error. The
  6. I am at just over 4.5yr on my appeals (+6.25yr on original claims so far). The appeals were already in the BVA Judges hands in Sept. 2018, but then were inadvertently pulled into RAMP incorrectly. Had to "convince" my attorney to to double-check on BVA status after receiving 3 (Three) denials from three different Regional Offices. Not to mention that all appeals published on eBenefits and VETS.GOV are still incorrectly showing all my appeals as "complete". If the VA can find a way to delay/deny, they will do just that. It takes a long time...
  7. Bingo on that! I went through TWO VSOs (Texas Vets and DAV) before finally hiring an attorney. I personally experienced just how ineffective VSOs actually are. And I had already written a 158 page NOD on my original claim before hiring my attorney. Definitely listen to ASKNOD's advice.
  8. I am RE-POSTING here because the then new RAMP subcategory did not exist at the time. I feel this is very timely because several of us have been appealing our claims for years, only to forced into a TOO NEW system that appears to be a rapid denial system aimed at making the VA LOOK good in "catching up" with disability claims. I hope that I am the only one,... BUT ___________________________________ IF YOU ARE CURRENTLY IN LEGACY APPEALS PROCESS,... THEN PAY ATTENTION! My legacy appeals were actually AT the BVA and being handed out to judges. This new "RAMP" thing errone
  9. IF YOU ARE CURRENTLY IN LEGACY APPEALS PROCESS,... THEN PAY ATTENTION! My legacy appeals were actually AT the BVA and being handed out to judges. This new "RAMP" thing erroneously "PULLED THEM" from the BVA! My FORM-9 was filed 2-1/2yr ago! This could be YOU, so pay attention to what is happening to ALL of your appeals! IMO, this "RAMP" thing is way too new to be trusted. I already have a corncob where I don't want it, and I am NOT smiling about a Dxxxxxmn thing! HorizontalMike _________________________________________________________ From: XX Xxxx Sent: Wednesday
  10. PING! I still want someone to answer the OP question, because it sure appears to me that the ROs are gerrymandering any and all excuses to undermine the definition of what it means to have your BVA Appeal "Activated" at the BVA. Geez, mine had been there for over two years and the ROs STILL claim that they could/can/did withdraw my legacy BVA appeals, with docket numbers, and "merge" them into RAMP. Surely I am NOT the only one seeing what is happening here...
  11. BOTH, got new C&P that stated "as likely as not" but the RAMP folks quit with the OLD C&Ps and denied everything! Geez, they even replaced the original DRO with a new one that HAD NOT been in the original DRO meeting. They did NOT record that meeting, BUT I DID. +6yr and counting...... IMO, this HOLE (and NO I did not misspell) RAMP thing is just another iteration of the VA Denial Machine. They stop when they can find ANYthing that works for them, and then they IGNORE other existing pertinent information in the record that would grant the claim/appeal. Smoke & Mirrors...
  12. After the above, I contacted the BVA DIRECTLY through the ask the the BVA a question with my BVA Docket Numbers. Well, the Board of Veterans Appeals has failed to respond. Instead, a Regional Office of VA responds and claims they "merged", my already activated legacy BVA appeals,into the only recent appeal that was "RAMPED" (for TDIU retro date). My council is and has been also failing to respond as to why this is. After all, the lawyer thought and believed that the RAMP inclusion and exclusion parameters were in fact true. I guess that this whole BS about RAMP has been rigged fro
  13. FORM 9 filed May, 10, 2016... Received at least two docket numbers from that date (16xxxx and 16xxxx) ..."When the case is received at the Board, the appeal is activated or reactivated and formally placed on the Board’s docket..." (according to the BVA Report of the Chairman of 2011) And then... Lucky Lawyer filed a more recent Oct 2017 FORM 9 opted for a RAMP decision on this one alone , since all other appeals had docket numbers and were already "at the Board". Then my local Houston RO errantly sends us a notice that ALL appeals have been combined into RAMP, and that
  14. PING.... Again, still wondering what this RAMP criteria means... What does it mean your appeal was activated by the board?
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