Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | Donate | Blogs | New Users | Search | Rules
namvet6567
-
Posts
102 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by namvet6567
-
-
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?
-
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.
-
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
-
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' . . .
-
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.
-
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.
-
On 1/6/2024 at 10:44 PM, Paul USMC said:
I have been 100% P&T since 1989. Recently my conditions have gotten worse and I went to my VA Doctor and she filled out an Aid & Attendance form very favorably. My question is will VA grant the SMC-l out right based upon her favorable findings. Or will they call me in for a C&P exam?
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.
-
-
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.
-
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
-
On 3/3/2023 at 12:59 PM, El Train said:
I had to cut a check to my attorneys for an EED. It might be different for winning claims straight up.
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.
-
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!
-
On 8/7/2022 at 8:05 PM, Atlcocky said:
Hello all,
My claim for EFD was denied at the BVA level and then appeal to the CAVC. The CAVC, under a joint motion, remanded it back to the BVA. The BVA then denied again for a reason that was not in the file and something that we have not seen before. (I will upload the BVA denial letter tomorrow.)
So, the question is can the BVA deny, deny, deny and then when the file comes back on remand, deny for a completely different reason than what they were ask to look at on the remand? By the way, the reason for the latest denial ahs NEVER been mentioned before.
Thank you.
The key word is can and the answer is yes they can!! Just keep appealing and never ever give up.
-
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.
-
My claim, for HB, which was awarded in 9/20 retro to '89 was basically awarded and appealed on that criteria the whole time. Just sayin'.
-
19 hours ago, hwill said:
Yes that's what I was thinking. Award date was May 12, 2023 the date I submitted my intent to file. Award date was December 13, 2023, which is 7 months of retro pay. which is $1851 x7. I only recieved $4200 for that time period for retro pay, I wasn't paid the difference between the 80% rate $2095 and the 100% which is $3946. I was told by a Dav that they may be withholding retiree's retro pay until an audit is completed to ensure no monies are owed. They said that they couldn't look at my records because I was represented by the American Legion, whom I never talked to about anything. I assume when I retired in 2009 I was assigned to them.
In order for the Am Legion to rep you, you must've signed a power of attorney (POA) over to them at some point. That POA needs to be revoked or they continue to rep for you. I think what you meant is the award/claim date was 5/12/23 and the decision letter was dated 12/13/23? Sorry I don't know anything about the retirement or concurrent receipt offset stuff.
-
I understand. Just still trying (for me) to figure out the TDIU and schedular thing. At one point in my appeals process I had been awarded TDIU P&T but when I won retroactively the 100% schedular, single condition, w/P&T, the TDIU became moot (I think). At this point I'm protected at this point (34yrs). It's just that when I hear 100% TDIU, my mind says no, the vet is a lower percentage but paid at the 100% rate. Not that it matters to anyone but me! Thanks though!
-
Unfortunately, you have good reason for not trusting the VA. Sorry, but I still "feel" the VA will still need to order the exam, which will probably include an evaluation by a social worker. I hope I'm wrong, but these are the same folks who couldn't get my SS records, for 5yrs, even though they were in the same bldg, one floor down. Or that I had to appeal an HB claim for over 21 yrs, when the evidence was there 31 yrs prior. I hope you get your award!
-
Personally, I've never seen a 100% schedular award w/TDIU. Any chance someone can post the actual portion of their decision, that states that, for me. TDIU has always been paid at the 100% rate, for a lower rating but not for a 100% schedular rating. Of course, they may have changed that in recent yrs. Thx
-
Based on my previous experience w/VA starting in '74, I would say they will probably require a C&P exam. My reasoning is that there is less work to ordering a C&P than awarding the SMC request/claim. And since they are rated on work completed, not quality of work, I would expect the C&P date is coming. jmo (sorry, but I've been wrong before)
-
11 hours ago, Paul USMC said:
I have been 100% P&T since 1989. Recently my conditions have gotten worse and I went to my VA Doctor and she filled out an Aid & Attendance form very favorably. My question is will VA grant the SMC-l out right based upon her favorable findings. Or will they call me in for a C&P exam?
A couple of questions: On your 100% P&T decision did the VA address the issue of A&A or HB?? Was it denied at that time?? If not, I believe, that original A&A/HB issue remains open, especially if it was a 100% schedular award. Anytime the VA makes a 100% schedular award they are required to consider A&A/HB. I'm not positive on the 100% if it's cumulative. I'm sure someone else will chime in, if there's anything I've misstated.
-
I'm going to add my two cents, here. They started me @30%. Took about a yr ('89). I started reading up on PTSD and read this Trauma Information Pages, Articles: Goodwin (1987) (trauma-pages.com and felt like someone had been looking over my should since VN, b/c it felt like my life since VN. I appealed, over & over, then 50%, 70%, TDIU, 100%, schedular, with many denials during the appeal process and eventually won retro to my original claim date ('89). Took about 10yrs+/-. I appealed for A&A and HB on the last decision ('99) b/c it was required that the VA consider it. That took another 21yrs of appeals but finally won HB retro to '89. The main reason it took so long is that VA personnel rarely read your records further back than the previous decision. My final BVA attorney, an Alex Humphrey or Humphries read the complete file and agreed w/the HB that my Vet Ctr counselor had described back in the '90's. (we had an Atty Alex H who posted here for yrs, before he passed, and I like to feel that this was his son/daughter).
Read the requirements for the various percentages and decide which fits you. Appeal within the required appeal period, if you think you should. Hire a lawyer, if you want but understand that the process, no matter what, could be quite lengthy (yrs). If the link doesn't work just look up Jim Goodwin Combat stress 1987. If you have ever been treated at a VA for mental health or any other issues, it is supposed to be considered a claim, however the claims people never receive records from the medical section, unless you request, they be shared. You could point out the diagnosis that was in the military records and try to do the claim on that basis b/c the VA is supposed to consider that you are always seeking the highest rating and they didn't consider that evidence, at the time they received it. A long shot but if you are young enough and want too, I'd, personally, go for it. Also, remember that Atty's, much like most people, want the most reward for the least amount of work. Whatever you do never give up!!!
-
Bronco explained it well. You need to check the date of the award. They will go from that date, at the 100% rate, and then deduct the 80% rate, that they've already paid you, from that. Remember that you don't receive payment, at the new rate, until the first full month has ended, which will be on the 1st of that following month, as bronco stated.
-
Thanks, bronco! At least he should be able to get the knee SC'd, now.
changing a extra Scheduler rating to Scheduler?
in Entitlement - Veterans Compensation Benefits Claims
Posted
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.