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63Charlie last won the day on April 26 2020

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About 63Charlie

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  • Service Connected Disability
  • Branch of Service

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  1. I am pleased to inform you that the Government has agreed to remand ALL issues on appeal. Since this was consistent with your wishes we accepted the offer on your behalf. What happens next is that the VA attorney will draft a Joint Motion for Remand, that we will review and sign off on. This should occur within the next 30 days, unless VA requires more time. Once the JMR is filed, the Court will approve it and send the case back to the Board. Please let me know if you have any questions at this stage. Kind Regards, Alec U. Ghezzi Training Advising Attorney Vietnam Veterans of America 425 Eye Street NW, Suite 2W.220 Washington, DC 20001 Could this be called a "circle back" to the BVA?
  2. My battle with the VA continues. Got some appeals at the CAVC. I have other appeals at the Board. Looks like my attorneys are fighting hard for me at the CAVC I wonder how long it takes to get a CAVC decision? Daniels Rule 33 Summary of the Issues.pdf
  3. I have service connected disabilities involving my lower extremities which result in my being unable to perform normal weight bearing activities. All weight bearing increases my pain level to the point I am forced to restrict myself to the point where I am confined to the house most of the time. Sometimes when I have flare ups of pain, I CAN'T walk. My quality of life has been severely impacted as a result.
  4. The Board provided me with a virtual hearing in front of a VLJ in January 2021. Still waiting on the VLJ to render a decision.
  5. UPDATE : The BVA awarded service connection @ 0% rating in October, 2020, and ordered the VARO to perform a new C&P exam to determine my current level of disability for my pes planus and related foot/ankle disorders. I received the C&P exam in 2020 shortly after the BVA ordered one. However no new rating for these disabilities has been forthcoming. Now here it is May 23, 2021 and I still have the same 0% rating, with no new rating decision by the VARO. The VA knows that an increased rating for my feet/ankles will allow an EED for my SMC-S. But anyway..no movement still.
  6. Wish I knew. Had a hearing with VLJ a month ago. I just faxed six pages of new and relevant medical evidence to the Board pertaining to a service connected condition. I received an inadequate C&P exam from a remand BEFORE I submitted this new evidence which will directly contradict the examiner's assessment of the level of severity of my disability. I prefer to let the VA play their cards with poorly performed C&P exams and then submit new medical evidence to rebut their exams. I allow the VA plenty of opportunity to go on the record first and always rebut their bad exams with new medical evidence. VA's Duty To Assist isn't exactly followed as Congress intended. Will the Board allow my evidence any weight? Who knows? If they don't, I will have a good chance of winning at the CAVC. I have some matters currently before the Board and some at the CAVC. Seems to me the Board weighs the evidence more to disprove and undervalue disability ratings. If they screw this one up, it too will go to the CAVC.
  7. I'm service connected, and rated for bilateral ankles and feet disabilities. I use outside care for treating these disabilities. I was prescribed Richie braces(custom orthotics). My private insurance co-pay is about $250.00 for these orthotics. I don't have a VA PCP. Will the VA reimburse the cost of these prosthetics? Sorry for all the confusion.
  8. If yes, can someone provide a link, or information on how to proceed? The deductibles I'm paying have placed a financial burden on my family. Thanks for helping.
  9. Yes, my latest C&P exam is chock full of lies. When they LIE, they'll DENY(or low ball). I'm currently rated at 0% for bilateral pes planus and 0% for bilateral sinus tarsi disabilities. These separate conditions were recently service connected by the BVA and remanded for a C&P exam. I can barely walk due to all the pain and try to stay off my feet. I can't wear any closed-in shoe(good thing that I live in a subtropical climate) because my feet and ankles both swell and are too tender for shoes. So, I wear Spenco orthotic flip flops. Claims file records show I've had extensive diagnostic imaging, to include MRI and X-Ray, feet and ankles. Claims file record shows I have been followed by podiatry, orthopedist, and PCP for several years now for my feet and ankle disabilities. Claims file record shows I have been prescribed a cane and Sweedo ankle braces for instability. Claims file record shows I have been prescribed oral steroids, corticosteroid injections, and arch supports. Claims file records show that due to the severity of my condition, I have failed conservative podiatry care, and was referred for reconstructive surgery. As long as I draw breath, I'll never quit fighting for the benefits I have earned, and entitled to receive.
  10. Often the VA evaluates similar disabilities(symptomology) under a particular diagnostic code even if they change the ICD-10 diagnosis. What were the VA diagnostic code(s) you were rated under from the original, and the later decision?
  11. I recently got a remand from the Board for scars 0% rating. The Board ordered a new C&P exam. The RO increased my rating from 0% to 30% for scars(or so I thought), and granted SMC-S as a result this increased rating. The RO implemented an incorrect effective date for the SMC-S. It was difficult for me to determine the RO's effective date methodology but I didn't think that the effective date awarded went back far enough. Then I found that in their decision, the RO unlawfully combined two separately rated disabilities(scars 0%, acne 10%),into one(scars with acne 30% ). A 30% rating increase should have been awarded for the scar disability as the scar exam indicated two elements of disfigurement. My acne disability 10% rating has been in effect for five years or more, and it had never been appealed. The RO Due Process of Law violation has resulted in a loss of 15 months of retroactive benefits and has resulted in yet another appeal being filed. See Boggs v. Peake, Mar. 26, 2008 520 F. 3d, 1330 which in essence, prohibits the combining of two distinctly separate claims into one. I filed a new appeal yesterday with the Board on their Direct Review docket. Any guess as to how long it will take for the Board to render a decision?
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