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namvet6567

Second Class Petty Officers
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namvet6567 last won the day on September 9 2023

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About namvet6567

Profile Information

  • Military Rank
    Sgt E-5 1966
  • Location
    Washington County, Maine

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USA Airborne Infantry

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namvet6567's Achievements

  1. As for extra-schedular, I helped a vet get his 50% rating for a skin condition, which is or was the maximum allowed % for a skin condition, then and probably still is. The increase claim had been denied 3 separate times thru the congress persons offices stating that "50% was the maximum, allowed, each time." We took it to the Central Office, in DC and won. It took about 15 months, back in the late '90's. The Central Office increased his rating and gave TDIU and gave him 3 yrs retro. I tried to get him to go for the other 12+ yrs but he didn't want to chance losing what he had. Nothing I could do, it was his claim and his loss. The VA uses that "maximum allowed" BS to get vets to abandon their claims. Sad but true.
  2. Why would he/she/them/they want TDIU removed? I believe it's harder to reduce TDIU, as they need to prove the ability to work. If memory serves me correctly, isn't extra-schedular only awarded by the central office or has that changed?
  3. I'm only going to give you my opinion on the 3M claim. I was awarded a small sum from Monsanto on the Agent Orange settlement, back in '89, probably because the VA had only awarded me 30%, at that time, which was about $2.5k from Monsanto, paid in 3 payments, over a 3yr period. I later was awarded 100% schedular retro to '89. Had I been 100% at the time originally, I would have received $10+k. Of course, the VA screwed me again, my opinion. The Monsanto settlement ended in the early '90's. I believe since the 3M settlement was due to a probable tort action, it will have no bearing on your VA claim(jmo). Kinda like the latest Trump case. Not found criminally guilty of rape but plaintiff awarded millions by a tort. Just sayin'. I could always be wrong.
  4. Bronco, I don't think they are allowed to get EAJA payment and a %. That sounds criminal to me, unless they continued to represent you after a remand by the CAVC. Usually they get either and will generally quit after the remand win. A remand doesn't get any monetary award, which is why they request EAJA payment. Isn't the EAJA is supposed to be in lieu of %. Doesn't the agreement guarantee they get paid in some way? jmo
  5. Great post, Bronco! I recommend all claimants file appeals, not refile, as many VSO's suggest. You can also refile the claim at any time. During my 10yr claim I appealed all decisions and refiled 3-4 times, just in case, I was doing something wrong, that I was unaware of. That way I was at least assuring myself of some kind of retro award date. I also made sure that I noted in my claims/appeals that I was seeking all benefits, both "known/sought and unknown", by me, to protect any appeals I may have. When I started my claim, I had to move to the VAMC area, to live, so I could have the manuals available to me, to work my claim. The RO in 1990, had to set me up in a room, where they rolled out the M-21 rules, in an 8'-10' cart, for me to use and then provide me w/printed copies of anything I wanted. They hated that!! In fact, when the gentleman who had to do it retired, he made sure all his 100% rated friends received an SMC "s" award. I knew 2 of them. I had to appeal mine for 31yrs but won in the end. Claimants should watch for lines similar to this: "this decision is considered a full award of all claims/benefits being sought" or a VSO having the claimant sign anything that states that the claimant agrees with the decision. (a technique used in the late '90's), when the VSO's got a win. I had 2 vets I know do that and lost their appeal period over that. just sayin' . . .
  6. You may want to look into whether a combined TDIU requires the VA to consider A&A and HB. I vaguely remember a COVA/CAVC decision that required that consideration, sometime after 1989. I could be wrong, but I don't think so. If it is that claim would remain open.
  7. Generally, any reputable atty will have a fee agreement signed by you and them, at the beginning of their service, to you, and you should receive a signed copy, then. Usually, you have to pay for extra out of pocket expenses, separately, IMO's, copies, court fees, if any, etc. They should also send you monthly updates of expenses, although many don't these days. Once they win at the CAVC, at least in the case of a remand, they will bill the EAJA and release/discontinue their services w/you. This is what happened to me twice.
  8. If your 100% P&T award back to '89 was based on a single 100% schedular award, the VA was required to consider both A&A and HB, at that time, by awarding or disallowing both/either. If they failed to do that then that is an open claim and could be a retro award of over $100k. You may want to consider pursuing that claim. They may correct their error, or you may have to appeal it for years. Your choice.
  9. Put in for the travel pay for that trip, b/c you showed up. Not your fault it was canceled and you didn't receive notice.
  10. Most attys do VA direct to make sure they get paid, probably b/c they can't attach your VA comp, if you don't pay and to avoid a lengthy chase for their money. jmo
  11. There's no way you should pay the atty directly!!! VA approved atty's get payment directly thru the VA. An acquaintance won his claim and did it. His atty even dressed up like a painter, to avoid camera ID and went to the bank with him to get the cash. I believe that atty was later disbarred for his practices. I had been using him but fired him when I realized what he was doing. This was back in the '90's.
  12. Also, if you were seen at the VA for any of those conditions, that you were later awarded SC for, you can receive travel pay for them, retroactively, but you must apply and if denied, appeal, appeal, appeal. You will win!
  13. The key word is can and the answer is yes they can!! Just keep appealing and never ever give up.
  14. There should have been a notification to AL listed on your decision. In the old days they would notify the SO and he/she would let you know of the decision sooner.
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