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page1006
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Posts posted by page1006
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7 hours ago, Berta said:
That is GREAT News Page!
I have used my DEA and CHAMPVA too and they are wonderful benefits!
Do you know if I am now eligible for the 10 preference for employment? I am unsure about that.
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3 hours ago, broncovet said:
Congratulations, again! Im pleased your attorney called you and explained that you would have no fees. It sounds like your attorney helped you and you dont even have to pay him. This happens more than people think. EAJA often covers some/all of the attorney fees, so Vets pay 0.
Thank you! He's is great. I'm so grateful. I never imagined for it all to end this way.
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19 hours ago, broncovet said:
Ok. I had not read this thread, when I answered Berta, in another thread. It is my "opinion" that a lawyer can not collect on a decision that happened before his fee agreement was signed. It is possible, however, that a fee agreement could include already decided cases, and you should check your fee agreement.
The law says, "Time is of the essence". And, for contracts that specify a time period, that time period is binding. You did not have a contract with the lawyer, when your decision was made, according to your post, so, you do not have a valid fee agreement.
Again, Congratulations, on your win, and no fees!
Thank you! The lawyer Joe Moore called me himself today and confirmed that I do not have to pay them anything. He said I was really lucky of how things turned out with the whole thing. He was very nice and told me if they give me any issues to contact him again. Thank you for all your help!!
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6 hours ago, Berta said:
gee I forgot to ask an important question.....
did you sign a contract with the lawyer?
Yes, I signed the Appointment of individual as claimant's rep as well as the fee agreement (33%!) for work performed before the department of VA on 5/28/16 not knowing that a decision had been made in November 2014.
There's nothing mentioned about any fees to the lawyer. His name is only mentioned on the last page under "cc:" I wonder if the lawyer can charge anything when the BVA made decision in 2014 but did not communicate it with me.
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On 10/11/2016 at 5:41 PM, Berta said:
Gee Page, I didn't feel I was much help at all, as it sure was convoluted on VA's behalf.......but this is FANTASTIC News!
I can feel your sense of Relief!
"If I owed the lawyer anything doesn't the VA pay the lawyer first before sending me my backpay? "
As far as I know, they can withhold any money due to a lawyer....and even if they did and you do not feel the lawyer should be paid...I can help you prepare a statement to support that.They withhold the fee to give us time to rebutt it if needed.
It depends on a 5 point criteria though...but sounds to me like you did this all on your own!
But I only had experience with a local vet who had been at the CAVC twice with lawyer's fees..His lawyers did Nothing to help him but I got him his comp and prepared a letter of rebuttal for him to the thousands VA was withholding from his retro. I never give out my personal info and he is one reason...he was calling me incessantly about his claim, trying to bully me, to make the VA move on his claim, but no calls after he sent the VA the letter on the rebuttal.Never heard from him again so I think that letter and some evidence I added did the trick. Others here have had more experience with lawyer fees.
The decision itself will tell you more.It seemed to me they owed you 8 months of DIC?
I get 1254 a month but with no children under 18.They add more for dependent children.
Those rate charts are here somewhere. Your child would surely be eligible for Pell Grants ,if they are still available,or maybe your state has special college financial aid programs for children of deceased vets.And there might be a way around the lack of the 100% P & T status.......but that might be something a GOOD lawyer should look into....plus us here if we can see the decision when it comes.
They buggered up your claim so much that it is,in my opinion, ' as likely as not' they might have made a CUE legal error in the decision....to your advantage.
Relax and Enjoy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Yippee to you and please stay with us ...you are an Inspiration!
Thank you, Ms. Berta! I would really appreciate it if you could help me if necessary. I will be getting $1564 per month (Including my sons part). The case manager of the lawyer's office said she would get back to me yesterday and never did so I'm not sure at this point.
I got the decision today. The decision states that the service connection for the cause of death is granted and basic eligibility to Dependants Educational assistance is established. I hope that means I can receive educational benefits as well. I wanted to go back to school very soon.
In the evidence section it only lists evidence submitted before 2014. From my understanding the correspondence from Dr. Gordon is was sealed the deal. Rating Decision shows November 12, 2014! Does this mean the lawyer has no right to charge me the 30%? I hired him in May of this year.
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I found out about one week ago that my DIC was granted. I didn't want to get too excited because the letter I received from BVA was quiet confusing, but today I looked on my account and I saw the back-pay! I originally filled in May of 2010! This is so bittersweet to say the least! I have been so emotional all day. I wish I could have my husband back and my son could have his daddy back instead of getting this money:( I can see my husband doing a happy dance in heaven. I was struggling to make it on my own so I know he is able to rest easy now that my son and I are taken care of. He was so upset when they granted him 10% three days before he passed away. 10% after they diagnosed him with PTSD and told him he was non-deployable after they recalled him!? He was getting everything ready to appeal so I am very happy I was able to complete it all for him! Thank you to everyone here on Hadit for all your help! Thank you to Ms. Berta for answering all my difficult and confusing questions at any hour of the day! You are heaven sent!
I received the total backpay today without them paying the lawyer anything. I called the VA today and was told that they don't see a lawyer listed on their end. I hired the lawyer in May of this year but from my understanding BVA messed up and didnt communicate a decision with me so there's a possibility that the decision was made before I hired the lawyer. I asked the case manager today if I owe them anything and she said she would get back to me. If I owed the lawyer anything doesn't the VA pay the lawyer first before sending me my backpay? I'm a little bit confused.
Also, I asked the VA if my son and I qualify for health benefits and educational benefits and was told no since my husband wasn't 100% before he passed but I could always try going to a VA Hospital to talk to them to them personally?? He said there's always ways around it.
I plan to help my parents with the money I received and spoil my 8 year old as much as his daddy would have done if he was here. I also want to pay off all the debt I have accumulated since my husband passed. I also want to put some of it in a savings account. I already had started a college fund for my son before. Should I pay off my student loans with that money as well or just slowly pay it off monthly?
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10 hours ago, Berta said:
If ebenefits info does not seem to help- you can contact the VA Office of Survivors at their email addy in this link:
http://www.va.gov/SURVIVORS/FAQs.asp
This program helped me years ago and also helped someone here at hadit I gave the link to.
They do not get into the adjudication aspects of an actual DIC claim itself
but might be able to provide a proper status and a confirmation of the DIC award.
(and where the retro $ DIC is)
I worked for lawyers long ago so I also hope your actual lawyer gets in touch with you,instead of their case manager.
I will try to contact them. Thank you Berta! I have never spoken to the lawyer. Just case managers and assistants. When I personally went to drop off the c-file to the office the case manager didn't even come out of her office to meet me and told the receptionist to accept it for her. She tried to explain everything to me over the phone which confused me even more. Then she send me a link by email to the VA website so I can calculate my monthly income. I asked her to explain to me why they granted it twice and she never emailed me back. So frustrating.
The issue with the ebenefits website is that they have a FIN number for me on file and never updated it to my SSN.
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1 hour ago, Berta said:
Here is how to register at ebenefits.
https://www.ebenefits.va.gov/ebenefits/homepage
It can be confusing but better than talking to Peggy ( the 800#)
Or you could use IRIS at the VA web site www.va.gov, Click on the Contact Us thing and then on the Ask a Question thing. And ask for an email reply as to the actual status of the DIC claim.
Unless you hear from your lawyer with solid info soon.
I called them. There's an issue with my SSN so I have to fax a copy of my social security card before I can register on benefits.gov.
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39 minutes ago, Berta said:
Here is how to register at ebenefits.
https://www.ebenefits.va.gov/ebenefits/homepage
It can be confusing but better than talking to Peggy ( the 800#)
Or you could use IRIS at the VA web site www.va.gov, Click on the Contact Us thing and then on the Ask a Question thing. And ask for an email reply as to the actual status of the DIC claim.
Unless you hear from your lawyer with solid info soon.
I tried to register last night and it tells me that the personal information you provided was not found in DEERS. I contacted the RO today and they said the case is not closed yet so they don't know what the status is until it closes. I called the BVA as well to get more info and they said all they can see is that a decision has been made and sent to RO but they can't see anything else. So frustrating!
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38 minutes ago, Berta said:
I am sorry I don't get this at all.
If the RO made an award the BVA , the lawyer could have withdrawn the appeal and BVA would not have to have granted the appeal.
Do you use ebenefits? There could be more info there.The SOC you never got, and/or the award letter you never got????
It sure concerns me how VA can mess up widow's claims.Apparently instead of sending the award notice to Finance, they instead sent the whole file to the BVA....I guess....
Granting an appeal is different legalize than granting what the appeal is for.Sometimes a RO will refuse to re-open a claim and then via a BVA appeal, the BVA will remand, granting the appeal,for a re open, but they add "to that extent only." We had a case like that here years ago.
DIC claims are not technically "rated "at all unless there was an accrued claim pending for higher rating.
The award usually includes a copy of the veteran's last rating in their lifetime.
I did not get the impression you had any accrued claims pending.
I know this is frustrating. DIC claims are handled at a specific RO these days, as far as I know.Do you have any idea what RO the award came from?
That's all I have and the case manager telling me that the appeal was granted but somehow never communicated with me? BVA said they made a decision and sent it to RO in Baltimore. I keep getting stuck on the "dismissed" on the last page.
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On 10/2/2016 at 7:04 PM, Berta said:
After reading your more recent piece of the BVA decision, posted,
it is not an award letter. It seems with this additional piece of the decision, that they granted the right to appeal ,which might have been in question before, and I don't see where they -the RO, AMC or the BVA -have actually granted DIC.
Others will chime in here too.
But we need to see the entire decision because otherwise what we think the BVA is saying ,might be far different from what the complete decision actually says.
I feel my initial opinion was wrong ,based on one page of the decision, after I read the next BVA excerpt you posted.
The case manager at the lawyers office does not a great job of explaining everything to someone as clueless as me but from what I'm understanding so far the BVA granted the appeal and send the decision to the regional office. I was told by the case manager that it can take up to 90 days for RO to issue an appeal decision to award benefits.
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17 hours ago, Berta said:
After reading your more recent piece of the BVA decision, posted,
it is not an award letter. It seems with this additional piece of the decision, that they granted the right to appeal ,which might have been in question before, and I don't see where they -the RO, AMC or the BVA -have actually granted DIC.
Others will chime in here too.
But we need to see the entire decision because otherwise what we think the BVA is saying ,might be far different from what the complete decision actually says.
I feel my initial opinion was wrong ,based on one page of the decision, after I read the next BVA excerpt you posted.
My lawyer said that I was granted DIC so I won the case. I am over the moon right now! She said it takes up to 90 days to hear from them.
But it looks like they made the decision back in February of 2016 and somehow made a mistake and did not send me any documents so nothing was being done. I hired the lawyer in May of 2016. Does this mean I still owe the lawyer 30% eventho the appeal was granted before I hired the lawyer?
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3 hours ago, Berta said:
Was the BVA link I had posted ,the actual remand I did it from a search and am not sure.
I wonder why the BVA was unaware of the 2014 DIC grant (maybe it came after the BVA decision above that remanded the claim.
Can you tell us specifically what the BVA case was for?
Yes, it was the correct.
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1409068.txt
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2 hours ago, page1006 said:
Hi Berta! No, I have never received any award. My lawyer is Joseph Moore. He is located in Maryland.
What are they exactly saying in the attachment below? I'm so confused and I know I will talk to the lawyer tomorrow but I am being a little impatient.
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3 minutes ago, Berta said:
The one page of the decision says they did grant a service connected death in 2014 and also in August 2016.
Is that a fact?
I had what I have called a 'denial in 1998 (?) from the BVA but it actually said the appeal was " dismissed"
( a DIC claim) because I had already won SC DIC at the RO level under a different theory of entitlement.
I didn't realize I could have withdrawn my appeal.
Did you,in fact, receive any DIC award at all? Was that award for a different theory of entitlement?
The BVA means you can appeal at the CAVC.
But I don't understand the conclusion at all.There must be more to their rationale in the actual decision.
It sounds like the way the BVA handles a CUE claim.....regarding the non specific error or fact part.
DIC is payable back to the veteran's date of death only if the survivor files the 21-526 within that first year after death.( Unless it is an award under Nehmer 2010 regulations)
I don't get this based on your past posts here.Was this a claim for a more favorable DIC EED?
Who is your lawyer?
Hi Berta! No, I have never received any award. My lawyer is Joseph Moore. He is located in Maryland.
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On May 9, 2016 at 0:03 PM, Berta said:
Is this it:
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1409068.txt
BVA decision was dated March 4,2014 and remanded.
We have no idea if the remanded claim has been decided.
Apparently not if they said you have more time to submit evidence.
Do you have more evidence? Were you able to send them yourself, what the remand is seeking?
I suggested that you call a lawyer, one who deals with VA claims.
There is a NOVA list here somewhere and I believe it is also at the VA web site.
That is still my suggestion .
i just got the decision in the mail today and I am heartbroken. From what I am able to understand they dismissed my appeal (see below). They attached the papers for an appeal. What does that all mean now? If I appeal again, does that mean everything will start all over again and take several years to get a decision again? Is there a chance that the lawyer will not represent me again? I have not spoken to my lawyer yet.
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Hi guys,
I haven't been on here in a while so I thought I'd check in to give an update. I got my husband's cfile 30 days after the congressman requested it. I went and hand delivered it to the lawyer's office to speed things up. I got a few additional statements from a few family members as well as my husband's platoon sergeant. The lawyers office told me that they had to wait on the copy of the cfile they requested in order to continue moving forward. I submitted my 90 day stay back in May. We waited for weeks....nothing. Finally, I was told that it was decided that they would work off the c-file I provided rather than waiting for BVA. I was only told so far that the c-file does contain positive evidence. They submitted a legal argument to the BVA and now the waiting game continues.
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4 hours ago, Buck52 said:
Page1006
I never intended to up set you in any way and I know all this has to be upsetting to you to say the least.
I hope you have sent in statements like this one? for evidence of record your lay statements will be considered.
I agree with you I believe your hubby did have some type of episode just right before his Accident..Proving it will be hard.
No, not at all! I appreciate all your advice. Getting the police report, the autopsy report and the medical records have brought up a lot but it's just part of the process. You guys have helped me so much. Thank you!
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1 hour ago, Buck52 said:
Ms berta
I was thinking this veteran had filed for an increase before his death, and he himself disagreed with VA decision to rate him at 10%.
My point would be , if he was rated at 100% then his behavior symptoms could indeed be worse, and therefore increasing chances of His behavior being worsen & caused by or/aggravated by the PTSD,
I Think that's a point the Attorneys need to raise a stink about.
However that maybe putting the cart before the horse!
The good points about his careless/wreck less riding popping wheelies and riding his motorcycle in a careless way seconds before the Accident is > that he was not Drinking or on Drugs that's a good point to bring up.
Actually this all stems from his S.C. PTSD & the Aggravated symptoms of behavior.
Depends on Autopsy reports and toxicology reports as to what this grave outcome will be.
What if he started to have a SEIZURE seconds before his Untimely Accident? Anxiety and many symptoms of PTSD can be noted that it was a probability. Autopsy reports should reveal that.
This is all I can basically see for her defense.
Could she go on an process his Claim for Increase or would that be useless?
The only thing I can see that will hurt this case is his reckless driving and popping wheelies and riding his Motorcycle in an unsafe manner right before the Accident and Witnesses to testify in the Accident Report....but then again He had a diagnoses of PTSD.
jmo
.................Buck
The witness reports state that he ran the red light at a very high speed and as I said he knew that street so well and his behavior right before the accident was very out of his character. He lived .3 miles from that street for 10 years. The witnesses also stated that his helmet was not locked so it flew off during the crash.
He woke up that day cleaned out the house, cleaned the patio (I had asked him to do that for weeks), he cleaned his closed, took our son to the playground and left.
The day before I tried to convince him to move to FL and he said "no I want to die in Maryland." I think his behavior was very strange.
He was a very great dad. He was mister mom in our relationship and he would have never put his life in danger like that in a normal state of mind. I had never seen my husband cry during our relationship until he was recalled and he got so scared. He didn't want to go back to Iraq and one day he called me from SC and he started crying like a baby saying he doesn't want to leave our son for one year. I am convinced that he had an episode before the accident.
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5 hours ago, Berta said:
Don't forget Page, that autopsy might be the most critical piece of evidence you have and the lawyer and the IMO doctor should have a copy of it ASAP.
My husband's autopsy was 6 pages long , first brief renditions of heart,brain, lungs, kidneys ,liver etc etc but it was the slides and more detailed findings that were more conclusive as evidence.And the full toxicology report.
It took me some time to understand it all but I initially used it to succeed in my wrong death claim against VA (USA)
I had no lawyer or IMO doctor...in those days they were hard to find.
It might reveal nothing to help with your claim, however, but then again...
if no meds were in his system, was he going through a rough withdrawal from any VA meds... if meds were found in his system was the level appropriate? Do the heart and brain slides show significant evidence of anything that could have caused a sudden seizure?
And I think I asked before, did he ever experience (documented) any suicidal ideation?
The buddy and family statements could be very probative on that.
The rating he got had upset him. He knew it was wrong. That factor cannot be overlooked in lay testimony you give to them ..
The only time in my life I ever even thought death would be better than dealing with the VA , was due to an atrocious statement they made in a SOC.
I overcame that statement with evidence (that they had but chose to keep from the C & P doctor...actually it was the autopsy that within my H VAC testimony I had sent to the RO 12 times by then because they kept ignoring it )
but I knew without a doubt that VA had caused this sudden but passing suicidal ideation in me, as a claimant and probably has done that to countless men and women , unlike me, who have full blown PTSD and cannot handle the stress of dealing with them when a decision is wrong.
Serious suicidal ideation could be a very strong factor here and there can be no other etiology for it but for your husband's PTSD.
That however would be something an IMO doctor would need to give a very strong medical rationale on.
But those buddy statements etc can help support that type of finding.
I just got 6 pages of the autopsy report I believe, but no heart slides or anything.
The lawyers office were saying that the IMO written by Dr. Gordon was really good and that they don't usually see a doctor write 6 pages. They asked me if I paid her and I said no the American Legion had her write it.
They said that their fee is higher because they don't take on a lot of workload. The lady from the law firm I talked to said they have a 90% successful rate.
It sounded like they might not suggest a new IMO but I don't know for sure. I will have to see what they say once they take a look at everything.
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10 hours ago, pwrslm said:
Found this today;
Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. 38 C.F.R. § 3.159. Lay evidence may be competent and sufficient to establish a diagnosis of a condition when: (1) a layperson is competent to identify the medical condition (i.e., when the layperson will be competent to identify the condition where the condition is simple, for example a broken leg, and sometimes not, for example, a form of cancer); (2) the layperson is reporting a contemporaneous medical diagnosis, or; (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007); see also Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (where widow seeking service connection for cause of death of her husband, the Veteran, the Court holding that medical opinion not required to prove nexus between service connected mental disorder and drowning which caused Veteran's death). In essence, lay testimony is competent when it regards the readily observable features or symptoms of injury or illness and "may provide sufficient support for a claim of service connection." Layno v. Brown, 6 Vet. App. 465 (1994). In ascertaining the competency of lay evidence, the Courts have generally held that a layperson is not capable of opining on matters requiring medical knowledge. Ruten v. Brown, 10 Vet. App. 183 (1997). In certain instances, however, lay evidence has been found to be competent with regard to a disease with "unique and readily identifiable features" that is "capable of lay observation." See, e.g., Barr v. Nicholson, 21 Vet. App. 303 (2007) (concerning varicose veins); see also Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007) (a dislocated shoulder); Charles v. Principi, 16 Vet. App. 370 (2002) (tinnitus); Falzone v. Brown, 8 Vet. App. 398 (1995) (flatfeet). Laypersons have been found to not be competent to provide evidence in more complex medical situations. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007) (concerning rheumatic fever).
The whole effect of PTSD can be observed by a wife, who is a lay person. Her statement is a powerful tool, as shown in the BVA rulings, when it is not a complex medical issue. Behavior can be readily observed in this case, carelessness, thrill seeking, dangerous behavior is something that you can assert as a lay person. Writing the statement, I would describe his behavior before and after, deliberately drawing out the changes in behavior and how you note them, and why/how you believe it contributed to the accident. As long as you dont try to inject medical expertise, they can not ignore your statement. If you son is capable of doing this same thing, and of sufficient age to understand what it means, his statement would be admissible as well. Friends, family, employers, also can provide lay statements to the effect of behavior that was risky and dangerous. That sense of excitement, or thrills, can be directly attributed to PTSD by a medical professional.
Thank you for that information! I just contacted his buddy who wrote the only buddy statement I have and he said he will reach out to the other soldiers who were deployed with my husband. Hopefully I can get some statements from them.
I will also ask his other brother and sister who served around the same time as him and who were both stationed in Germany as well to write a statement as well.
I wrote a new statement myself as well since I left a lot of information out of the first statement I wrote. I was going through a hard time then so I'm hoping the new information will help the doctor when writing the IMO. Thank you again for pointing that out.
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I have one more question...if my son and I do receive any benefits would it be starting from the day my husband filled his claim, the day he passed or the day I filled?
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27 minutes ago, Buck52 said:
Thats great page about your added time
now just just let your attorneys do there work, this could take some time so just go on with your life and supply the Attorneys with any and all information that request from you.
I wish you the best
............Buck
Thank you, Buck! I'm used to being patient...its been 6 years since I filled the claim:)
Chapter 35 retro pay for spouse?
in Entitlement - Veterans Compensation Benefits Claims
Posted · Edited by page1006
My husband died due to service-connected disability and I fought the VA for over 6 years. He died in April of 2010 but my 9 year old son and I didn’t start receiving benefits until October of 2016. The effective day is April of 2010. I was in college when he died and did not complete my degree until 2016. I am now using the chapter 35 benefits to pay for graduate school. However, I got my bachelors degree after my husband died and was wondering if I’m entitled to any retroactive pay when it comes to educational benefits. I have accumulated some student debt from my bachelors degree. Any way I can at least get help paying for the debt?