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HadIt.com Anniversary 24 years on Jan 20, 2021

Recondo@53

Seaman
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About Recondo@53

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    E-3 Seaman

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  • Branch of Service
    Marines

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  1. Thank you so much. I’ll make sure to pass the same time and kindness to others I can, just as you so do.
  2. I have enough bad experiences with VA to believe what you’re saying. With that, as I looked closer and investigated the C&P, how I think he got away with it is he wrote, “No response provided”. My argument now is shaping around the fact that the medical opinion provided was not based on the factual representation for PTSD as he should have questioned why there was no responses provided. I’ve requested credentials and the medical opinion to the the C&P exam. It should get interesting.
  3. Well, I hope to avoid that when I send in a statement asking them to apply according to 38 U.S. Code§ 5110.Effective dates of awards, which I found on this site. But yes, I won’t hold my breath. Thank you for your time, sir.
  4. Well, they already are. But that isn’t a concern to me. My issues are what they are and have a historical pattern of not getting better. That’s a lot of back pay my family loses out on because of their error. I understand what your saying, but they are held to do the right thing, and need to in every event. That’s the square deal. Appreciate your time and insight.
  5. Thanks, everyone. @pacmanx1 the 60- day for a form 9, but my understanding (which isn’t much) from what I read, I have up to a year to appeal the decision. Since they didn’t have that evidence prior to making a decision, my hope is that they would approve back to date of claim for effective date. It’s very frustrating with the C&P examiners. I’ve read the court has held that a veteran needing to lie on his back for an extended period of time equates to prostrating attacks. In my C&P exam that was used for 0% stated I have to remove myself from work for 1-2 hours to lie down. Yet the ex
  6. Original claim was filed in 2017. 2018 0 percent rating in which I filed a NOD. Submitted statements and chronology of evidence which VA denied excess rating as noted above. I missed the 60 day window, but remembered the new material evidence which clearly links prostrating attacks and an economic in-adaptability. I believe the evidence is clear and should be back dated and paid to 2017 claim, considering the previous exam is conflicting with what the courts have held with regard to needing to lie down and the weight of evidence in favor of me, I’m confused for the reason of this new exam. Wha
  7. Hi, another one for you here. Denial of entitlement to an evaluation in excess of 0 percent for migraine headaches, Jan 2020. Reason for denial by De Novo review as follows: "We have reviewed the evidence and found it does not support you experience prostrating attacks that would warrant an evaluation in excess of 0 percent. While your testimony is credible, the probative evidence does not show your reported symptoms cause extreme exhaustion, powerlessness, debilitation or incapacitation with substantial inability to engage in ordinary activities, or result in substantial work impairment."
  8. Hi, I am currently on appeal for increase rating in excess of 50% PTSD (rated as Specified Trauma and Stressor Related Disorder) and the case was remanded by BVA back to the RO. The initial PTSD C&P was done in 2014. The original rating was not rated as PTSD, but Specified Trauma and Stressor Related Disorder. A new exam was requested and completed October of 2020 and I was awarded 100% PTSD. I contested the rating as VA denied a rating of excess of 50% prior to September 2020. The RO stated the following, "The evidence does not support a change in the prior decision. Therefore, entitlemen
  9. I'm aware that you can change your agent under good reasoning. My case is currently at the BVA. I have decided I no longer want representation as I am doing all the leg work myself. Also, I have already had my BVA hearing and then after, brought on the attorney on. There is really no point to have them since I am catching VA mistakes on my claims and I am submitting evidence on my own. Can I just submit a new 21-22a and appoint myself as the agent? Can anyone advise on the path I should take? Thanks in advance!
  10. How are you filing a Writ of Mandamas? Doesn't that have to be submitted by a court of law?
  11. Ironically, I am citing this very case in my current BVA appeal. Too funny. What really bothers me though, with the out dated schedule and appeals process is that the VA convolutes everything for the veteran by having conflicting guidance. Like for example, the board states that, "The effective date for an award of service connection is not based on the earliest medical evidence demonstrating a causal connection, but on the date of the claim for service connection. See Lalonde v. West, 12 Vet. App. 377 (1999); see also McGrath v. Gober, 14 Vet. App. 28, 35 (2000)." However, the VA on its webs
  12. Thanks for your response again, Berta. The article isn't matching up with "whole picture" of CFR with regard to Direct Service Connection. Yes, I hope more will chime in because something is clearly going on. I really appreciate the site and glad I found it! §3.400 General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitl
  13. Thank you for your response, Berta. What also was strange was the fact that I got an original decision letter dated 10/14/2015, with a disability deferred. In the decision letter 10/14/2015 it states, " VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits received 08/05/2015. This claim was initiated on September 13, 2014 for dermatitis, sleep apnea, GW diagnosed illness and unexplained chronic multi-symptom illness, and increase for chronic sinusitis. Therefore, the date of claim for these issues will be September 13, 2014. I have attached a picture for
  14. Hello, I have a question on a possible CUE. I completed a FDC within one year of starting it. In that one year timeframe, my now terminated VSO, also filed an intent to file(s) with out my authorizations. Now, § 3.155 gives clear guidance from the secretary that the VA will not recognize more than one intent to file for the same benefit. On completion of my FDC on Ebenefits, the RO combined both claims 08/06/2015. My FDC was started 09/04/2014 and completed 08/05/2015. Also, my FDC falls within a year of getting released from active duty service. The VSO submitted intent to file(s) dated
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