stillhere

Once a claim is reopened, a claimant is "entitled to have his/her claim re-adjudicated on the basis of all the evidence of record, both old and new." Bernard VS. Brown, 4 Vet. App. 384, 390 (1993).


So if VA denies a veterans claim then later the veteran reopens his/her claim and the claim is granted. If the veteran can prove that his or her condition reached a certain percentage by medical evidence, the veteran can get a retro payment for the Earlier Effective date but it boils down to the evidence that was in Va's possession at the time of the original claim.

Dr. Bash, helps another vet! http://www.wjla.com/articles/2015/06/7-on-your-side-i-team-helps-wounded-veteran-get-full-va-disability-benefits-114721.html


Stillhere

Dr. Bash, helps another vet! http://www.wjla.com/articles/2015/06/7-on-your-side-i-team-helps-wounded-veteran-get-full-va-disability-benefits-114721.html


Stillhere

Dr. Bash, helps another vet! http://www.wjla.com/articles/2015/06/7-on-your-side-i-team-helps-wounded-veteran-get-full-va-disability-benefits-114721.html


Stillhere

Slow is smooth, smooth is fast. Review your cases, review your arguments, and your counter arguments. Memorize your time lines and the pertaining regulations. Stick with the facts, and you will succeed. I wish I could give you more sound advice than that, however, it is what I have. Never give up.

After reading this thread I think I personally have better knowledge of the things the VA makes us veterans go through!

Still don't believe it is right but I understand it better.


Stillhere

Well Have as much as I can ready to go for my BVA appearance. Did not lawyer up so I am relying on my statements and others with the medical information I have to get me the EED I am asking for.

On reading here asknod and a few others I am VERY nervous about how this is going to pan out. Still have not heard a thing from my VSO and they have had my file since April 8th and I go in next week!

I just hope my PTSd doesn't get me to blow up at them and I am able to proceed on giving my presentation OK.

In my thinking I feel this is really cruel to have to put vets through this stuff when what we are asking is to be treated professionally and not have to counter all of their BS when it really is a matter of their incompetence in the 70/80"s when we were getting out. Most of their exams where useless from what I see and the only ones that got it right were the guys that complained!

Back to the squeaky wheel gets their benefits and those that don't tuff nukkies!

Oh well just ranting a little and feeling lots of butterflies in my gut! When will this be over??


Stillhere

Oh hope my heart holds out for this!!

It seems you guys have Major Veterans Service Organizations representing you, correct? At the BVA, there are eight or so "Go" teams of VSO reps made up of the different groups of VSOs. Hence, one VSO team may consist of a VFW guy, two MOPHers and a AmLeg rep. They take turns chasing deficiencies in the claims evidence. Many VAROs ship your claims out to the BVA without including important SSA documents even though they are not supposed to. That provokes a remand. However, here "with VSO" doesn't mean it went back to your regional office. They could be trying to make sure an inferred claim is included or they could be horsetrading with the Staff attorney of the VLJ. I've seen them give away some of your claim in order to get some granted. That doesn't help you but they do it. If they send it back to the RO on remand, chances are they found a big uh-oh. It usually goes through the AMC. If you do not see those words, it's being "redeveloped" for optimal consideration at the BVA.

THE CLAIM IS NEVER OVER UNTIL THE VETERAN SAYS SO... CAN YOU OUTLAST THEM IS THE QUESTION!!!

A claim can go all the way to the supreme court if need be, and if they shoot it down, you can go get more evidence and start afresh!!


A tiger cant kill an elephant in one day, but if he bites him every day for a week he can take him down... this is the midset you must have. try to keep doing something productive to help your claim, and be relentless.

call BVA Ombudsman and ask who the judge is on your claim
then go to BVA website and search for decisions with his name

WOW! T-bird that is a great amount of info! Thank you so much!

I was doing research in the BVA decisions yesterday and came up with a few of those but these are great and I will jump on them right away!

I hope the OP and any one else with a hearing problem to the same!

My BVA hearing is coining up this June so I will try and glean as much out to help as I can.

Thanks Again,
Stillhere

ALL of that has changed.

I have been successful at the CUE Yourself Tactic, but I dont know if Jay Johnson had ever tried to use it.

There is still no regulation for doing this. but it is all explained here in many far more recent more recent posts.

At time of above post I had to come back here as a guest and not a member because someone was
making false statements about me.in our public forum here.

I fixed them good in a court procedure halfway across the country many years ago ...
my point is this tactic works if you follow the way I did here here ( many times)

A RO decision can be CUed during the appeal process. I have one that was just sent to VACO.

They granted the CUE on a Nehmer decison I filed CUE on prior to filing the NOD.

They granted it but dont want to pay me the retro.

I am filing anaddition CUE on that as soon as I get a VACO contact person.

The Nehmer decision was also a CUE on a decision I got Dec2011, I CUEd it and got awarded on Jan 6th 2012

Why do you have your post "No Hazing"? Just wondering and you don't have to answer.


I would like to say I have been a member for a few years and this site is one of the best and one of the major reasons is the moderators.


Stillhere

You think we maybe committed a few war crimes in other people's countries? That was part of Nixon's secret plan to end the war. He took over in 1968 and the war ended for us in 1973. We got the same deal from the NLF that we could have gotten in 1968. I wonder why other people don't like us. Now they don't even fear us. Let's spray Ukraine with AO. Even the Russians won't want it.

Thanks guys for the support......

yeah , something really smells on the DIC claim , not to mention the other stuff.

I contacted the VA Inspector General.

I had another issue too, but not appropriate to put here.



I also have to contact the Whistleblower protection place,too. at the IG web site.

The RO might have retaliated against me because I gave testimony during the Shreddergate Hearings.

I sent copies of 53 USPS receipt slips in living bright green and white , all dated and sent to the Buffalo VARO, which were for 53 pieces of or packets of evidence they ignored and/or shredded prior to the Shreddergate hearings .

At first I started to curse when I had to copy them all and waste my PC ink like that...then I started laughing about them ... it was sure an attention -getting ploy.

I agree Carlie,

The first thing a vet should do is look at the evidence the VA said it used in their decision. The second thing also in the decision is to look at why they denied?

In the denial is the answer in how to be approved!

If you can proof that what they wrote there is wrong you should be able to be approved in a heart beat.



Stillhere

Thank you guys so much for all the kind words. The 2K is thru the VA Caregiver Program. Due to my disabilities my Mental and Physical Docs put me in for the program, I had not even heard of this program. It took us about 4 months to get approved. The VA assigned me a Caregiver Support Coordinator at the Dallas VA and he contacted my Docs to fill out some forms to see if I qualified. Then they interviewed my Wife and went over my Medical Disabilities and Meds. Then, based on how bad my conditions are I was awarded the Highest Level which is 2K a month. There are 3 levels based on your Health Needs: Level 1 $500, Level 2 $1000 and Level 3 is $2000 a Month. Then they approved my Wife and she had to complete an Online Training and take a Test, it took about 6 hours to complete online. Next a Nurse will come out here to my Home in the next week or so, and see if I need Handicap Bar by Toilet, in Shower and make sure home is safe. Then the Nurse will submit info to VA Coordinator and once signed off my Wife will get paid starting next month. My Coordinator said that less than 10% of Disabled Veterans get approved, so it can be a pain. SSDI is an Abbreviation for Social Security Disability Compensation, so I am considered to be 100% Disabled thru the Social Security Administration and will begin receiving $2200 a month, beginning next month.

UPDATE 4/23! WooHoo WooHoo WooHoo 100% 100% 100%


Thank you all so much on here, this whole process has been such a struggle over the last 7 months. In the last month God has been good to my family and I. Starting next month I will receive my 100% VA, SSDI, and my wife will be paid 2K a month to be my caretaker. I am so grateful to guys on here like USDART, 63Sierra, NavyWife, Carlie and Berta. God Bless each and every one of you. I am so emotional right now, and I feel like I am floating in the clouds. Thank you guys again and I hope that each and every one of you will post a Success Story on here very soon. Love Ya

Looks like DOCTOR FOOT is trying to distance himself from the VA. Pretty convienent to come forward after you retire, and say ohh it was them, not me. Sounds like a whole bunch of folks need to be prosecuted for gross negligence, and systematic homicide.
This is like something out of the third Reich. I am sick to my stomach reading this. THEY WAITED FOR VETERANS TO DIE, THEN SCRATCHED THEM OFF OF A SECRET LIST.

I am 70% hearing loss and 10% for tinnitus. While I was that, I was still working. Having a heck of a time for sure but working.

I became 100% scheduler for my heart so that pretty much kicked my but to retire. Not that I wanted to. I waited a while (few months) probably should have and applied for SSDI and got it in like 3 months.

I feel everyone is different when it comes to working but I liked my job just had a hard time doing it.

Do what you feel in your heart and keep on getting on so you will be happy for yourself. Isn't that what life is all about?

Sometimes I still feel I can do things but my wife slows me down. Of course I was already 55 years old when all this stuff hit.

Stillhere

Let them be upset! You need to keep yourself alive for as long as you can!

I have VAHC and medicare. I use medicare for most of my stuff and pay out of pocket. I do use the VA for pills and some things like audiology and I have a PCP. But do not use them for my heart!

You are in good shape so don't worry about using them at all.


Stillhere

I first tried Detrol with with no joy, and am having better luck with Solifenacin. They want to try acupuncture and then botox injections next to see if they can get it better. I really don't want to do the botox injections for personal reasons, so I'm hoping I can respectfully decline.

I haven't had any type of surgery.

"I'd be pissed off." That is actually very funny. The pee almost came out. ;)

I don't do yard work I have physical issues. So instead we have an arrangement with a person that does my yardwork. Hell even the small amount of gardening I do is physically hell on me most times but I try to persevere.

As far as I am concerned the VA always did this! I was 70% for like 5 years and was never asked or for that matter considered for IU that I am aware of. I went from 70% to 100%+SMC-s schedule after that.

I again I wish that all service people getting out would take advantage of what is there for them and use it! When I got out it was a kick in the butt for not taking the reup and see you later Gi!

Stillhere

On the flip side this could actually end up help some vets! I know that I could have kept on working for a while longer at the time but that would have been just adding a few less years!

Review the evidence list provided in the decision, item by item. Determine if all of the evidence you provided was, in fact, included in the evidence list. Then carefully review the Reasons and Bases they provide to see if the evidence on the list was in fact addressed. By addressed, I mean the decision must offer more than a perfunctory statement that there's no evidence or insufficient evidence to back your claim. They have to tell you HOW they got there, not just that they got there, and why the evidence you provided was insufficient to give you the benefit of the doubt.