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4mydad

Second Class Petty Officers
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Everything posted by 4mydad

  1. I've been trying to get an earlier effective date for my father's claim that was granted in 2015. EED denied at BVA, appealed to CAVC and was remanded in Dec. Any thoughts on how long this will take at the BVA this 2nd time around? Anyone have any success with EED on a remanded CAVC decision on 3.156c? He originally filed in 1983, granted max (50%) in 2015. and that is the EED I'm appealing. Huge retro so I know it will be a huge fight, but def worth it on principle alone.
  2. Hi ErinNick, I am currently working on an appeal for my dad's claim granted in April 2016. We have appealed the effective date and have also opted into RAMP. I also appreciated the ability to get updates on ebennies, however, all of that has changed with RAMP. You will be better off checking vets.gov. It will give you a timeline of RAMP opt in dates, etc. If you do not have an acct with vets.gov it is similar to ebenefits. Just thought I would chime in just in case you didn't know there was an alternative place for info. Not too much info there . . . it will scare you and say that your appeal has been "closed", however, everyone's says that if you opted into RAMP. We opted in in May and it gives a date of Sept 18 to appeal to court. We have been told that is actually the 125 day mark. (has nothing to do with court) I will be happy to answer any questions . . .
  3. Awesome Navy4Life . . . so happy that you received the benefits that you deserve. I did request an informal hearing. Sounds like we are in similar boats! I think I will opt in if I do not hear anything soon. Keep us posted when you hear something! Just curious . . .do you have a status update on ebenefits or vets.gov? His appeal says "Being reviewed by DRO" on vets. gov, but no status change on ebenefits. Still says VARO received NOD on 8/2016. Ugh.
  4. I do remember one of your posts about filing the CUE through IRIS. So, if I receive a SOC denying an EED for this NOD, I should then use one of your templates to explain the possible CUE? Will this void any of his rights like benefit of the doubt, etc? But at the same time submit a Form 9 to reserve the appeal to a higher court? Thanks! Beth
  5. Wonderful! Thanks as usual Ms. Berta. This is within the appeal period but I was hoping to just try to cover in the NOD before having to go the CUE route because of the uphill battle. We are blessed to have you~!
  6. Also, I remember looking up the pes planus (flatfoot) diagnostic code used in 1983. It was the same. Now, I can't remember where I found that . .. but it seems like it was effective in the 1950s?? I think 5276 has remained the code since.
  7. Oops. That was a typo. I meant to put 5276 not 5279 (I did it correctly on the NOD though-lol)
  8. I think they are denying his claim because his exam did not show evidence of foot problems but they never examined them! So frustrating! Statues.pdf
  9. I think 5276 should have been used because his lay evidence states constant pain in feet. When the rater looked into SMR is states that he was "diagnosed with pes planus" Since that is a specific code used for rating at that time, I think they should have assumed that what was because of his constant pain in feet-rather than vague foot injury. His denial letter states . . . "he complained of his feet going flat on 7-16-68 while in basic training. He was followed frequently for complaints of foot pain without any actual pathology being noted. There are several diagnosis such as stress fractures of the feet but non of these were supported by xray. We finally see a diagnosis of flat feet in 10/68 . . . " The rater noted that he was diagnosed with flat feet in service. Seems like that would be obvious assigned rating. (to anyone outside of the VA I guess-ugh.)
  10. Hi Ms. Berta- The Rating Decision letter states that injury to both feet, ankles, and knees are not considered SC. (checked box) I think they only gave him a combined rating of 10% for the SFW scar of the chest and left thigh. (rating decision cont sheet) He claimed injury to both feet. The VA used 5299. (his lay evidence on the request for compensation was constant pain in feet) However, pes planus (flat foot) should have been used (5279) since he was diagnosed and treated for the first time while in service. (not on entry exam, but "foot trouble" marked on separation exam). This is all over the SMR. They even mention being diagnosed with flat foot. Bilateral Acquired pes planus is a min rating of 30%. I feel that he should have received that considering his SMR and that it was documented in the rating decision. Claim History Summary and 2016 Rating Decision.pdf
  11. Trump is the only man for the job . . . he will restore law and order and I feel like he has veterans' best interests at heart. I typed my letter to him and the new Secretary last night. Will mail first thing in the morning Ms. Berta. Great suggestion.
  12. I apologize that some of the scanned copies are out of order. The page numbers are at the top for reference. I am attaching one more below Rating Decision Footnotes.pdf
  13. Hi Ms. Berta- I asked you and the other contributors about this claim 2 years ago when I first received his c-file. You, asknod, and others gave me some great points. Since then I feel I have a better grasp of what mistakes were made with the decision. I am attaching the rating decision and the footnotes I sent with the NOD as well as copies of the exam and most recent C&P exam from 2015 that was used in the granted award in 2016. Please let me know if you have any questions or if I need to send something else. Thank you sooo much! 1983 Rating Decision.pdf 1983 VA Exam_0001.pdf 2016 C & P Exam DSC.pdf Ratings History.pdf Potential CUEs throughout Claim History updated.wps
  14. THanks Gastone! Actually he received a full grant at max rating for the conditions we claimed decided April 2016. I am only appealing the effective date of this decision. And yes, I submitted all of the necessary supporting docs from his c-file arguing an earlier effective date. I am just concerned that so many of us are showing “DRO reviewing appeal”. I just hope that actually means something rather than just a default setting for a mass set of appeals. Thanks for the input! i will keep everyone posted as we hear back from VARO. Thanks!
  15. The NOD I submitted for my dad reads "A DRO is reviewing your Appeal" as well. This was a recent change (about 2 weeks ago) Several people have mentioned this . . . I really hope it means something rather than a large status change for many in the system. The NOD we filled is for an earlier effective date and was submitted 8/2016. Ugh.
  16. Hi there, Does anyone know of a case where a DRO revised an effective date during the appeal period because the original claimed condition was never examined (this was in 1983)? I have submitted a NOD for an earlier effective date because after 5 times of claiming foot injury/plantar fascitiias, my dad was finally awarded max rating. He originally claimed in 1983 and the examination is completely void of info concerning feet. That was one of the conditions claimed. Maybe Berta-can you see the VA calling CUE on itself? (CFR 4.7?) Any info is appreciated. Beth
  17. Hi Martell, I have been working on my father's behalf for the past few years. He originally claimed injury to feet/flat feet in 1983 and only awarded SC for it in Nov 2015 after I submitted a very thorough claim. He was awarded the max-50%, so he is now at 100% P&T. That being said, I have submitted VA-9 and am waiting for a DRO hearing. (Earlier effective date) To make a long story short, I have been looking into this RAMP program. I emailed his VARO in Roanoke and was told it was indeed an "invite only." They are working on the oldest appeals first. I was going to request that his appeal go under RAMP. I really don't have any specific info on the program besides the info in the media and the website. I do, however, see it another way. I think the VA knows that they are under the microscope like never before and want their programs to be successful. I think these first RAMP claims will be treated with more attention than the "legacy" claims. However, that is strictly my opinion. I think if you have filed a complete claim, in addition to the additional evidence, I would say you would be a good candidate. I used the "Chris Attig-Veterans' Log Blog Method" to a T and covered all bases . . . then his claim was a no-brainer. This is strictly an opinion. Keep us posted and what you decide! I wish you luck either way!
  18. Thanks for the input! After speaking with someone at my VARO, it looks like the RAMP program is working on the oldest appeals first . . . which is fair. It will slowly become more and more available until it is fully launched in February 2019. I will be happy to update on this wonderful site as I find new info. I also heard of a new program that is being launched today . . .I will post about that too. (hopefully the training for VSOs will improve if you are required to use one to be part of this program.) VA Decision Ready Claims Program Expands to Include More Types of Claims WASHINGTON — As part of the U.S. Department of Veterans Affairs’ (VA) ongoing efforts to modernize and improve Veterans’ experience with the disability claims process, VA unveiled its latest enhancements to the Decision Ready Claims (DRC) program, which will expand the pool of Veterans, surviving spouses and service members eligible to participate in the program. “These enhancements are another key step in modernizing VA’s benefits delivery to Veterans to a fully digital operating environment,” said VA Secretary Dr. David J. Shulkin. “With electronic claims processing as a foundation, VA’s innovation will improve service to Veterans, their families and survivors.” In addition to claims for increased disability compensation (commonly known as claims for increase), Veterans will now be able to file certain claims for direct service connection, presumptive service connection and secondary service connection. Additionally, surviving spouses will be able to file certain claims for Dependency and Indemnity Compensation, and transitioning service members will be able to file pre-discharge claims less than 90 days from leaving the military. Veterans who choose to submit their claim under DRC can expect to receive a decision within 30 days from the time VA receives the claim. To file under DRC, Veterans must work with an accredited Veteran Service Organization (VSO) representative, who will ensure all supporting evidence — such as medical exams, military service records, etc. — is included with the claim submission. This advance preparation by the VSOs allows claims to be assigned immediately to claims processors for a quick decision. In the future, VA aims to expand the DRC program, where possible, to ensure more Veterans can get faster decisions on their claims. For more information about DRC or to find an accredited VSO representative, visit https://www.benefits.va.gov/compensation/DRC.asp. ###
  19. Hi Everyone, My dad was awarded 100% in April 2016 and I submitted a NOD in August 2016 to appeal the effective date. According to the VA website, the RAMP program will "invite" those who are currently in the appeals process. Has anyone on here been asked to participate? Thanks, Beth
  20. I'm trying to piece together every decision and the docs from the c-file. I cannot for the life of me find the evidence listed as "treatment records from VAMC dated Sept 2003 and received 10-23-03. Are they required to have the actual document/documents in the c-file as evidence? Also, there certainly were more progress notes about the foot conditions outside of Sept 2003. Would they have been required to get all records on condition from the VAMC? Thanks as usual!
  21. He had 3 0% disabilities that were combined to make the 10%. I guess that ended when he was awarded 30% PTSD IN 2003.
  22. I never even noticed that! There is a mention of "VAR 1324 will be applied in this case."
  23. I love it AskNod. Thanks for the input!!! I will talk to him about it today. I do appreciate the time you all put in to give us advice. It's priceless.
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