Buck52

House Passes 5 Veteran’s Bills in a Day May 18, 2015 | Terry Howell Today the U.S. House of Representatives passed the following veterans related bills: •H.R. 1382, the Boosting Rates of American Veteran Employment Act would allow the VA secretary, when awarding procurement contracts, to give preference to government contractors who employ veterans on a full time basis. •H.R. 1313, the Service Disabled Veteran Owned Small Business Relief Act, would allow a surviving spouse of a veteran who has a service-connected disability rating of less than 100 percent, and who does not die due to their service-connected disability, to retain the veteran’s small business status through VA’s “Vets First” program for up to three years following the veteran’s death. •H.R. 1038, the Ensuring VA Accountability Act, would require the Secretary to maintain all written reprimands and admonishments that a VA employee receives in the VA employee’s file as long as they are an employee of the department. •H.R. 474, the Homeless Veterans’ Reintegration Programs Reauthorization Act of 2015, would reauthorize the Homeless Veteran Re-Integration Program until FY 2020. •H.R. 91, the Veteran’s I.D. Card Act, would direct the Secretary to provide an ID card to any honorably discharged veteran who is not a retired member of the Armed forces or who is enrolled in the VA healthcare system. Courtesy of the House Committee on Veterans’ Affairs. Read more: http://militaryadvantage.military.com/2015/05/house-passes-5-veterans-bills-in-a-day/#ixzz3ah4dVAaQ MilitaryAdvantage.Military.com

http://www.appealsparalegal.com/writsofmandamus.htm ....Buck

A single letter, however, may not prompt the VA to act. When this happens, we have a tool we can use to prompt the VA to act. This tool is called a “Petition for Extraordinary Relief in the Nature of a Writ of Mandamus.” Or, simply, a writ petition. Writ petitions are separate actions that are filed in the U.S. Court of Appeals for Veterans' Claims that assert that the Secretary of Veterans' Affairs, through his personnel, is refusing to take an action that legally must be taken. Such refusal can be shown through the passage of time or through other proof that VA is not acting on a claim in the way it is legally required to do. Notably, writ petitions cannot be used as a substitute for an appeal of an unfavorable VA decision, and they cannot be used to force the VA to grant a claim that was otherwise denied. Before filing a writ petition, a letter should be sent to the VA threatening to file a writ petition. The letter should be sent by certified mail or to the fax number for the VA Regional Office to prove that the VA received the letter. The letter should state that, unless the VA responds within a certain amount of time (for example, 10 days), a writ petition will be filed in the court. If the VA doesn't repond, the next step is to contact the VA Inspector General's Office and ask that they intervene. If VA fails to respond to that letter, then a writ petition may be necessary. Before involving the Court, it must be determined whether there is a legal basis for filing the petition. Such a circumstance would be where VA has expressly stated it will not take a particular legally required action. If delay is the basis of the petition, then that delay must be so extraordinary as to amount to an arbitrary refusal to act. A few months to even a few years will not generally suffice, but a delay of more than a year or two may, depending on the circumstances. A writ petition must provide a factually valid basis for the court to grant the petition. If so, the court will require the VA to respond to the writ within a short period of time – generally one month. Ordinarily, the VA will then take some action on the claim. That action may be as little as sending a letter to the claimant or it could be as much as a grant of benefits, or whatever the next legally-required action on the claim may be. If so, this will make the writ petition unnecessary (that is, moot), because the VA has taken the action it had refused previously to take. Although not technically a win on the petition, the VA’s response to the petition by acting on the claim amounts to a successful resolution. Sometimes, however, the VA will defend its actions and continue to refuse to act. In those circumstances, the judges on the court will decide whether VA’s defense is valid. If not, the judges will order the VA to take the action requested. The VA is then under a court order to do so. Although many writ petitions are filed, the court grants very few. In fact, since the court’s creation in November 1988, it has granted fewer than five writ petitions. Even though this represents only a small fraction of the number of writ petitions filed, the writ petition remains a useful tool for prompting VA to act. Category: Veterans Affairs

Your Correct Ms Berta! ................Buck

I had figured they should award the 100% just not sure how the IU was put in there? only via CUE & Obviously they caught it Congratulations! ...................Buck

less likely as not? I don't get that either but he has a '' at least as likely as not 50% greater'' They should deferred this claim for IU because his disability keeps him from working. so if not deferred and based on Ms Berta Assessment because of his records reviewed no & then a yes... he should file CUE. Imo I see a 70% rating and should be deferred to IU. .............Buck

Do you have a DX a Service connected Disability from your military days,? or a Dr reports that it was least likely as not happen while in military? Maybe other than a PTSD Dx? Injury or illness! I was in special operations while in Vietnam for 60 days at a time & had to have re-issue orders every 60 days to travel in-country without a convoy. They were only 3 of us at the time & (it was classified) I did this for 18 months. They got my records when I filed my claim...I realize its not the same thing as Black Ops ...but I had classified orders. Some records do not go into your c-file I am not sure there in my c-file at this time?..I never seen them so I assume they got them some where else? There has to be a way to find your records for a compensation claim. I'm thinking you need a Diagnosis of injury or illness while in military or after discharge. If you were in a combat zone Vietnam or in Desert Storm ,Operation Freedom ,The Gulf War, Iraq Afghan war boots on ground I believe you can go on presumption with explanation from you. DD214 should prove that. Ms Berta 1st the veteran you mention did not have a PTSD Dx?? the second the board mention he did not meet the merits? .............Buck

yes I would if I was you! sending stuff to the RO could take a lot longer the RO will send it to the intake center when they get ready if they don't lose it. this is why asknod was referring to send it twice just incase. & Always get the sign return receipt aka (GreenCard) jmo ..................Buck

Yes Chris this is very helpful. A great demonstration! Thank you for your time helping us veterans understand the complicity of the VA. Be good for you to join Jbasser and Jerrel Cook as there guest on the Hadit radio podcast show some times. ...................Buck

No you don't. you can look up the disability's rating here on hadit and read what your ratings should be & if you don't agree with there decision you can File NOD based on a higher rating for the disability's. jmo ...............Buck

Ms Berta BOD Rule benefit of doubt. Always is in the veterans favor? what is Relative Equipoise? is this basically mean when they don't consider the medical evidence that is critical to the veteran claim? And that they(VA) takes a Dr word over another? Even when both Dr are just as Qualified just the same with there back ground as of specialty's and credentials. Interesting! ....................Buck

Yes I agree J ......Buck

Yes I agree J but if they award the 100% for the current SC disability and terminate the IU & keep payment at 100%.. Actually I don't see a reason for the CUE. They failed to award the correct decision & now want to make it right? (I know I could be all wrong but that's how I read this) ) Although a CUE has been made as they Stated! how would that benefit the veteran? If they awarded the 100%.?? Now if they come back with a letter to ''propose a reduction''...then yes Appeal it as a Cue but I don't much think they will! broncovet posted this a while back 1. Appeal of RO denial of TDIU because it was moot was remanded. "In a 2009 rating decision the RO determined that the claim for TDIU was moot because in the same rating decision, a 100 percent rating was granted, which fully resolved the issue in the Veterans favor. However the Board notes the CAVC has recently held that VA has a "well established" duty to maximize a claimants' benefits. (Buie vs Shinseki, Ab v Brown and Bradley vs Peake) A TDIU is provided where the combined schedular evaluation for service connection is less than total, or 100%. 38 CFR 4.16(a). A TDIU is considered a lesser benefit tahan the 100% rating, and the grant of a 100% rating renders mooth the issue of entitlement to a TDIU when the 100 % rating is in effect. VAOPGCPREC 6-99; 64 FED REG. 52,375 (1999). In a precedent opinion, VA's General Counsel concluded that a claim for tdiu for a particular SC disability may not be considered when, as here, a scheduler 100% rating is in effect for a SC disability. See also Green v West, 1998, Vettese v Brown (1994). In Nov 2009, however, VA's GC withdrew VAOPGCPREC 6-99 in light of the decision in Bradley vs Peake. The Board recognizes the secretary is required to maximize benefits. See AB v BROWN 6 Vet App 35,38 (1993) (presuming that a claimant is seeking the maximum benefitts allowed by law and regulation); 38 CFR 3.103 a (2010). Actually we need more information on this one. ..........Buck

They (VA) Admits the CUE in the letter of Explanation! but don't give bases and reason (as why) http://s119.photobucket.com/user/snowwhite811/media/Scanva0001.jpg.html I think if they rate this veteran 100% for the SC Disability! My question would be why appeal it as CUE? But could go back to the award date and maybe get a better EED. Remember an EED goes back to the onset of the disability. or when the disability worsen after filing original claim. jmo .................Buck

© Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of §3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability. (Authority: 38 U.S.C. 1718(f)) (2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment. (Authority: 38 U.S.C. 1163(a))

I always thought the only way a rating can be terminated is if the VA finds evidence of fraud & incarceration. (jail time) However there have been cases where the VA awards TDIU OR IU when the veteran should have been awarded 100%.(For the disability....example if the award was decided on PTSD to be 100% SC but the veteran was below the 100% and the va rater decision was awarded TDIU/IU by the extra scheduler to bring the rating up to the 100% level then they terminate the TDIU and rate the the 100% PTSD Rating. Seems fishy they caught this...maybe the VA will send more of an explanation! A proposal to reduce service connected benefits will be they find evidence that the disability's has got better or not as worse as the veteran claims. If they terminated the IU Because they made a mistake ...they are trying to snooker you so to speak and rating you the 100% for your SC Disability's as they should have in the original decision. you may have a cue but if they keep you at 100% For your SC Disability its sure something to think about before you appeal as cue. JMO .......................Buck

Did you recently see your VA PCP? about your disability's or any new conditions? (even a 3month /6 month check-up update for meds) Was you admitted to your VAMC recently for anything? Was you or currently schedule for a C&P? & no show? What was your IU based on? did they use the extra scheduler to rate you IU?. Are you considered to have an overhaul combined rating of 90%or less but being paid at the 100% rate? if not?... sounds like they may have got your records confused/mixed in with another veteran. Have you received a letter from VA on a proposal to reduce? Do you have a rating of 60% /but they rated you IU because you could not work? ' need more information how they rated you the IU? & try not to worry! I'm sure the elder members with more expertise with these type of VA Related problems will chime in here.... hang in there! jmo ..............Buck

http://www.hughcox.com/v_Newnan_GA_Janesville_WI_Cover_sheet.pdf Just putting this out for the veterans that don't know about this...as of March 25th 2015 all inquires/Claims will be sent to the two Intake Centers depending on your locations to send it. East Intake Centers are for Newnan Georgia and the West Intake Center is Janesville WI. click on link and open pdf files.. The form has both address's and phone No's & Fax Remember this is where to send claims & not the RO. If you send your claims app to your RO all it does is makes your claim TAKE longer because after the RO receives it & ''when'' they decide to send it to the Intake Centers is anybody guess. ...................Buck

coastie72 Apply for SSD ASAP & Retire and keep on the VA ass until you win your 100% P&T. SSD & 100% VA Compensation makes for a fairly comfortable Retirement. and the benefits are great! you deserve every bit of it! .............Buck

Here is what I gave the SSA Clerk bout the on set date! because she didn't even know about the on set date rules or provisions. she probably was 19 years old ...eh! Onset Date of Disability Question 10 says “Enter the date you became unable to work because of your illness, injuries, or conditions.” This date is called your alleged onset date, the date that you claim your disability began. The onset date is important and will affect how much backpay (retroactive benefits) you will receive if you claim is approved. The earlier your onset date, the more backpay you'll get. (For more information, see our articles about disability back payments.) If your disability began with a specific incident like a car accident, then this may be an easy question for you to answer. However, if your disability is caused by one or more illnesses that have worsened gradually over time, then the question will probably be difficult. Most people have never tried to remember the date they became disabled. The date of disability is usually considered to be when your medical condition started to make you unable to do your job effectively. If you have never thought about when you became disabled, sit down with a calendar or talk with friends or family to jog your memory about the history of your disability. For example, it may be that you were diagnosed with fibromyalgia in October 2009 while you were still employed, but the illness worsened over time and resulted in some poor job performance. Friends and family may be able to help you remember when the illness impaired your ability to work, and that would be your onset date. Another source of information that can help you establish your onset date is treatment providers (the doctors and hospitals you've visited). If you became disabled while you were seeing a medical provider, requesting and reviewing those medical records may help you pinpoint your onset date. Details of Your Disability Question 24 asks “What are the illnesses ..................Buck

Thank you Pete53 I think we be ok just don't know how long the wait is. .....................Buck

In response, the Secretary argues that the Court is precluded by statute from reviewing VA’s Schedule for Rating Disabilities. Secretary’s Br. at 14 (citing 38 U.S.C. § 7252(b)); Butts v. Brown, 5 Vet.App. 532, 539 (1993)). He also asserts that the rating criteria for IBS contemplate “whether the frequency or severity of . . . IBS symptoms were lessened or controlled with medication,” as the criteria “do not differentiate between a claimant’s condition with or without medication.” Jones v. Shinseki (2012)

http://www.hughcox.com/v_Newnan_GA_Janesville_WI_Cover_sheet.pdf USMC2311 click the link and open the pdf file it has a form you can get the address & phone & fax # incase you don't have it! ................Buck

Asomedepot68 They change it to highway miles...but be sure and get your confirmation before and when you check on that send in the longest road mileage (the 43.22 the map.) just a suggestion. ............Buck

Thanks asknod, Since the New forms change (as of March25 2015) I kinda thought it maybe the Intake Centers. I stand corrected. USMC2311. please disregard my information and send your form 9 to the correct intake centers depending where you live as to the intake center you send it to. I think if you live in the east part send it to Newnan Ga, if you live in the west part of the states send it to Wi (cheeseville) now if your over seas...I am not sure? Thanks Asknod ....Buck