Buck52

I read where a veteran finally received his/her C-File (Complete File)...and had some favorable records in it that pertain to his/her claim he didn't have (which is great news) but I was wondering for the many veterans out there that received there ''Complete C-File ''After'' a VA employee took some important papers out that would pertain to his/her claim? I have always wondered about that. .......Buck

I agree with ya Fat, However if there are no records to show an exam at entrance or from discharge for the disability the veteran claims, Or any records to show S.C. A veteran is entitled to use presumption for his bases for SC. Reasonable doubt Always goes to the Veteran. jmo .........Buck

........Buck

Congrats on a fast win....good news!

Sounds good to me!!! ..............Buck

Request an expedite on your claim or ask them why you have to wait another freaking year? preparation for decision should not take that long unless there trying to low ball you. start checking your BANK Account...it arrives before you get your decision if you win. jmo ..................Buck

This is good Julie1975 Good timing....be sure and read your C-file good use a magnifying glass if you need to.(no pun intended) you should have everything that's in your c-file pertains to your claim that may help you win. Evidence or error on VA part. check all dates make sure there correct, don't spend to much time on it(frustration will set in) ...just keep checking it every day though. Don't be to alarm if there's general memo letters in it, be quite lot of those. Good Luck .................Buck

Congratulation ketchup56 Sounds like a nice size retro Keep up the good fight brother. ...............Buck

Thanks Stretch great news there buddy this should help out a lot of Bluewater Navy vets. And its about fu***** time. Hope your doing better, good to see you post Stretch. ..............Buck

broncovet, I think I read some where in the FBV book ( Federal Benefits Book) Under protected pension AS Long as a veteran beneficiary's income remains within established limits, or net worth does not bar payment, and the beneficiary does not lose any dependents. & as long as veteran is rated P&T However they have a new improved veterans pension but I don't think that applies here its for Housebound or nursing home veterans and veterans with no dependents. ...........Buck

What is the %of a rerto payment? is it the rating % he is filing for? say he is 50% and wins his claim but it took 5 years to be adjudicated is his retro payment the same be paid back for his50 % of his claim what ever 50% is? say its 700 month, do they times that by 5 years? =42,000?

Question pete 992 When a veteran gets denied for a tinnitus claim filed in 99 and never files a NOD or any other type of claim to disagree with his claim and say 5 years passed and veteran refiles for the same disability and is still denied, and then in 2- 2014 veteran gets a DAV VSO to reopen the claim (dating back to 99,& but is awarded in 2-15 should the veteran be paid retro back to his intimal claim for tinnitus in 99? or from the 2-14 .......Thanks ......................Buck

Thanks yes we have already requested his letter via Carlie advice & got the Award letter. and working preparing an NOD... C-file requested just waiting on C-file Thanks!! ..........Buck

http://www.benefits.va.gov/pension/index.asp broncovet, not sure these will help you? its all I could find too! ..............Buck

http://www.benefits.va.gov/compensation/rates-index.asp

Sorce: US Court of Appeals What is a petition and how do I start it? This Court has the authority to issue extraordinary writs in aid of its jurisdiction pursuant to the All Writs Act, 28 U.S.C. § 1651(a). See Cox v. West, 149 F.3d 1360, 1363-64 (Fed. Cir. 1998). The writ "has traditionally been used in the federal courts only 'to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.'" Will v. United States, 389 U.S. 90, 95 (1967) (quoting Roche v. Evaporated Milk Assn., 319 U.S. 21, 26 (1943)). However, "[t]he remedy of mandamus is a drastic one, to be invoked only in extraordinary situations." Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976). Pursuant to 38 U.S.C. § 7261, this Court is authorized to compel action of the Secretary which is "unlawfully withheld or unreasonably delayed." Before the Court may issue a writ, three conditions must be satisfied: (1) The petitioner must demonstrate that he or she lacks adequate alternative means to obtain the desired relief, thus ensuring that the writ is not used as a substitute for the appeals process; (2) the petitioner must demonstrate a clear and indisputable right to the writ; and (3) the Court must be convinced, given the circumstances, that the issuance of the writ is warranted. See Cheney v. U.S. Dist. Court, 542 U.S. 367, 380-81 (2004).

If you get approved for SSD send copy of your award letter to the VA & Request TDIU, your 60%sc at present &if your S.C Disability keeps you from finding substantial gainful employment. SSD will help you get TDIU. at 60% and your age VA can use the Extra scheduler to grant the TDIU. If you don't want to do that? I think there ''IS'' a way you can get the temporary 100% TDIU & SSD will be a modest living! jmo ..............Buck

in your better interest I recommend you seek a good Veteran Law Attorney! Although you can get great advice from Ms Berta and other elder members here on Hadit! ...........Buck

Quote, ''In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word. ''In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous''. ''About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted''( unquote) Failure to respond to the expedition of this case warrants an investigation! jmo .....................Buck

I WOULD Request the C-file ASAP. (takes a while) if you file tomorrow will they reopen your 2008 claim? probably not! request that they do. usually if they approve your claim for PTSD they will go from your new date that you filed for it but Appeal that decision if they do. You may have to Appeal the EED, but maybe not its more likely than not you will. I know some will disagree with me, but in my opinion its better to get the Ball rolling so to speak. you can have more than one claim, you can file as many claims as you wish & in my opinion its better to file them now. (attach medical reports with your claims) Remember you can Always Appeal a decision you don't agree with just watch the dates NOD is One year,after that your claims go to the BVA in which you have alimited time to file 21 days to 60 days depending on the decision. its hard to say about the decision? but at least you can get the fire started. it is very important you get'' ALL'' your medical records from the past! Medical records is your best evidence! jmo ................Buck

File for the PTSD ASAP. To start your EED (Early effective Date)& you can appeal the date they give you on the date on this new claim so so watch that bud! A nice size retro payment dating back to 2008!!! You need to check your c-file and check your SMR's and get a diagnose service connected for PTSD...Either with the VA or private but its usually better to get it from a VA Dr's(just the way the VA is) As Ms Beta mention you already have stressors with the TBI & With the events of trauma That happen in the fire fights!&probably more, stressors are important evidence filing for PTSD. Notarized statements from family & friends about your behavior! Hang in there Bud good Luck .......................Buck

ATM Machine? hey broncovet don't give ranger11bv any Ideals haha

Jerrel, Do you have a claim/claim's pending? If not are they any that you can claim secondary to your current disability? If you do have claims pending I wish you the best and you win your claims. soon! ............Buck

Its a dame shame you can't get this solved at the RO Level....just another tact the VA USES TO PROLONG A VETERAN CLAIM Keep up the fight! you will win this. ................Buck

I wish you the best Seattle Shay...Just hang in there, most of us know the feeling drive safe....will wait on your great report. ................Buck