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Buck52

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Everything posted by Buck52

  1. yes they do! If you got a decision rating you from 70%to 100% be sure check the dates if its the date they render your decision appeal it because they should go back to the date your disability arose to be worse . its up to you but as for as retro pay you should know something soon. Remember to recheck the dates. 60 days? I am not sure why they said you have to wait 60 days before your rating and retro goes into effect?
  2. Appeals are controlled by the date of receipt of the NOD in a system called VACOLS (Veterans Appeals Control and Locator System). A single NOD may express disagreement the decisions rendered in a single Rating Decision, or it may express disagreement with decisions rendered in multiple Rating Decisions which have been issued in the prior year. There is no limit to the number of decisions or ratings with which the Veteran may disagree. There is also no limit to the number of NODs a veteran may have pending at any given time. A Veteran may also continue to file new claims while his appeal(s) pend. If a Veteran requests a Regional Office hearing, this must be conducted and we must receive the transcript before a decision can be rendered. If the Veteran submits or identifies additional evidence, we must develop for and try to obtain the evidence prior to rendering a decision. If VA examinations are deemed necessary, we schedule these and wait for the examination reports before rendering a decision.
  3. 4.24 Correspondence. All correspondence relative to the interpretation of the schedule for rating disabilities, requests for advisory opinions, questions regarding lack of clarity or application to individual cases involving unusual difficulties, will be addressed to the Director, Compensation Service. A clear statement will be made of the point or points upon which information is desired, and the complete case file will be simultaneously forwarded to Central Office. Rating agencies will assure themselves that the recent report of physical examination presents an adequate picture of the claimant's condition. Claims in regard to which the schedule evaluations are considered inadequate or excessive, and errors in the schedule will be similarly brought to attention. [41 FR 11292, Mar. 18, 1976, as amended at 79 FR 2100, Jan. 13, 2014]
  4. A DRO review is a de novo review of the veteran’s entire claims file, which is conducted by a DRO. The DRO has a higher level of decision-making authority than that of a Rating Specialist, to including single signature authority to call clear and unmistakable errors (CUE), and the authority to change a prior decision in the veteran’s favor based on review of the same evidence that was present in the prior decision (difference of opinion).
  5. In the past, if any additional evidence was submitted which related to the issues under appeal, then the Regional Office had to review the additional evidence, and if the appeal continued, it had to issue a Supplemental Statement of the Case (SSOC) explaining why the additional evidence did not change the prior decision and give the Veteran 30 days to reply. If yet more evidence was received, another SSOC was issued with another 30 day reply period. There was no limit to the number of SSOCs which could be issued. The appeal could not be certified to BVA until all of evidence in the claims file had been considered at the Regional Office level.
  6. I think the VA Released a new form in 2013 Form 21-0958 ''Notice of Disagreement'' which is now being attached to veterans decision notifications letters. However there still remains no requirement for this to be used to file an appeal.
  7. I personally think a stress test is dangerous at this point but I'm not a Dr ....maybe not so bad if its a nucular stress test (nucular medicine) were they can shut it off before you pass out, but on a treadmill in my opinion without them doing further test is dangerous you could have ''left main disease'' that's usually hereditary or foods that you eat like bad fats ,either way don't mess around with your ticker buddy seek outside help if you have to! Unless you have something else causing you to feel this way like some of the meds you take or some underlying causes that is not found? it may not be cardio related ??Test need to be done. It's Crying shame the VA Treats us like they do its like they don't give a #### one way or the other.
  8. John999 go to the ER and tell them you need checked out hard time breathing and your having bad chest pains you need some test done EKG's and maybe a heart catheter test... that requires major testing for blockages. if your pcp won't listen to you go to ER and maybe change your pcp. ask for another Doc.
  9. I suppose if you can get a doc to sc it years later? I read a link Ms Berta put up Vietnam 68-70 Award I worry bout catching that old swine-flu!!!& if you catch that EBOLA you can kiss this old world bye!
  10. Hey do what it takes to win buddy! Good Luck!
  11. John999 Do you mean if you ever come down with Malaria? From Nam Days? We took the pills when we had them. This is presumption based! As long as you can prove you was in Vietnam a DD 214 or Special Orders to the RVN or other Documentation Like decorations.
  12. I think it depends on how much retro pay your going to get maybe the reason for the 60 days? you should get a notification letter explaining what all they did and your benefits ect,,ect,, check your bank account everyday!
  13. Well you should get a letter of explanation as to how they paid you & you can disagree and tell them like jbasser & pr mention when your (the date) condition arose to its current severity would be the effective date . they should pay you from back then! if they pay you the 4 months and your condition worsen was diagnosed earlier then there screwing you buddy!
  14. Be sure and check the dates they paid? its up to you to appeal it!
  15. Congrats, check your Bank account every day buddy!
  16. Why do you not want to take another C&P exam? this only will probably set your claim back if you don't ?..if the DRO did not give you a decision ..it maybe he/she needed more evidence or needed a better exam to make the decision? it could go to your favor. but refusing to take a C&P is not good...>just my opinion!
  17. What happen to congress promise to give all Veterans the best Healthcare in the nation? Hopefully the New VA Sec Robert McDonald will get things going but how long will it take that's the million dollar question!
  18. I think this means there trying to get it (AO) service connected without being in Vietnam, which will opens up some doors for a lot of veterans which it should! It maybe hard to prove your disability but if its on the AO list and this gets approved it won't be
  19. you should get a transcript of your hearing sent to you!
  20. This case with Ms Berta vet means never give up and keep throwing punches back! and also same for asknod claim.
  21. Once a DRO makes a decision on a claim that means ''rate'' the claim and inform the veteran of the decision the veteran has one year from the decision notification letter to file a NOD VA form 21-0958 so you may have to wait and get your notification letter from your hearing or see if they set you up a C&P.???
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