EODCMC

Thanks Bronc…sound advice. Thanks again Vync.

Thanks Vync and it’s good to see you are still volunteering your time to this great community. As I intimated, I just want to point her in the right direction. She has been, and still is the kind of spouse that leaves the finances to her husband. She has never seen a RAS and has no idea what her husband makes. She just knows he retired as an E-7 in 2007. Can she inquire with the VA without her husband’s consent? Anyway, I will point her in that direction. She can pursue if and when he situation becomes untenable. 
It’s a good lesson for some folks out there. Each family situation is different. I sit with my wife at least once a year and whenever she wants…to go over everything. Steps to take in case something happens to me including passwords, insurance, will and state of affairs. I do this with my daughters too, although they push back every time.
Thanks again.

For some of us- I am a Gold Star spouse- Memorial Day can be difficult-but early this AM SSGT Johnny Joey Jones ( the double amputee - SE Asia-often on Fox News)
reminded everyone that the 26 friends in his unit who died for us, would want us to celebrate all of our veterans this day, and be happy ,but yet never forget what Memorial Day is all about.
It should be a 'happy' day because of the freedom that so many insured us all to have.
I dont usually go to the local VA cemetery on Memorial Day-anymore - I had already been to their services and Fly over there many times- and it is Wonderful  - the Bath NY VA is beautiful and the National Cemetery is stunning ----but I will go tomorrow, if not later today butwhen the crowd is gone. .I like to be alone when I go to my husband's grave. He is why I am here and why my daughter became the best Vietnamese linquist in USAF, when she served.(She went to Vietnam with two of our Presidents in support of the Secret Service.) 
Yesterday I took a brief local trip and was astonished at the many flags I saw on homes, businesses, telephone poles, everywhere-----this is rural NY and many dairies and potatoes farms, BUT also MANY veterans and many families with service  members who have died ..... and many young local people just beginning their service to the great USA!  
It IS a "Happy" day! This is my front deck-the dish on the porch roof is how I get here ( Hughes Gen 4 Satelittle)
 
 
 
 

Berta, thanks for the reaffirmation and offer of help. I will certainly do as you suggest.
I'm a little torn between gratitude of the VA (My Country) with my disappointment with their process and systemic shortcomings. That they will compensate me for my service maladies takes precedent. I don't want to come away from this challenge looking mercenary or a gold-digger. Regrettably, I think the folks working the processes will think that way regardless of the validity of my claim. 
I'd like to convey a compliment to you, Asknod, Gastone, and Broncovet; thanks for taking the time to reply. I find myself reading your comments on these forums, even when the subject matter has no relationship to my claims. 
"EOMCDC please don't feel that you misled us---this VAOLA crap could give anyone PTSD." Is this a stressor? Ha...they probably wouldn't appreciate the humor if I filed a claim.

asknod, first of all...thanks for responding to my post.
Para (1) - Not only should the evidence have been in my file, I referenced it in my reconsideration request. I have my C-file, but it is not up to date.
Para (2) - Understood.
Para (3) - Understood
Para (4) - Yes, I may have been acting a bit timid. I figured the truth would have  prevailrd. I never expected the VA raters to act like aggressive District Attorney, seeking a conviction regardless of truth. In this case, someone completely lacking integrity. And, I'm disappointed with a VSO that either takes the path of least resistance or is in cahoots with the raters.
Nevertheless; It was an honor to serve. If they never introduced concurrent receipt, I'd still be honored. If things don't go exactly my way, I may be disappointed, but I am still honored. But, just like a lopsided fight...they aren't going to walk away smiling.
Thanks again!

Thanks  EODCMC- you are correct and I just started to put the link here, but you beat me to the punch.
CRSC requires
"Disabilities that may be considered combat related include injuries incurred as a direct result of:
Armed Conflict Hazardous Duty An Instrumentality of War Simulated War"     https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

E-Ben and Vets now reflect the increase...no package yet.

Berta, thanks for the reaffirmation and offer of help. I will certainly do as you suggest.
I'm a little torn between gratitude of the VA (My Country) with my disappointment with their process and systemic shortcomings. That they will compensate me for my service maladies takes precedent. I don't want to come away from this challenge looking mercenary or a gold-digger. Regrettably, I think the folks working the processes will think that way regardless of the validity of my claim. 
I'd like to convey a compliment to you, Asknod, Gastone, and Broncovet; thanks for taking the time to reply. I find myself reading your comments on these forums, even when the subject matter has no relationship to my claims. 
"EOMCDC please don't feel that you misled us---this VAOLA crap could give anyone PTSD." Is this a stressor? Ha...they probably wouldn't appreciate the humor if I filed a claim.

You will not lose tricare,  For you it will become Tricare for LIfe,  your family cost for tricare continue for you it will be free if and only if you take Medicare.  Part A Medicare is free, Part B is outpatient care , and everyone pays for it out of social security benefits.   You can continue to receive medical care from the VA, the Military on base, or use Medicare and Tricare off base. So you will actually have three way to get care, and your family will still have on base. or tricare of base.  I have paid for Medicare part B since 1999, Tricare and Medicare pay for my portable oxygen concentrator and a stationary concentrator plus supplies each month with no copay's. I use VA for some care and I use the Army Medical Center for same day appointments ,or emergencies. I only pay for Medicare part B.. it is well worth the cost. 
 
ADDED: You have to take Medicare Part B to keep your family's and your Tricare benefits, but you will only pay for tricare for the wife and kids.

I forgot, you will have to pay the $134 for Medicare Part B. However, the benifits of nearly no limits on coverage, made and I think no copay makes up for.

The best thing for you to do is call or visit your local Tricare. Don't take my word for it. Good luck!

Never feel like a gold-digger.  I had to fight for ten years to get compensated for a service injury that lead to the loss of my employment.  I am one of those vets that have PTSD from dealing with the VA.

I stand corrected again, hurts my feelings. 2015 M21-1 Part III clearly states that if the Vet includes with his "ORfR" the required New and Material Evidence, or indicates the location for said N & M Evidence, not EOR, a subsequent Denial of the "ORfR" will result in a NEW NOD Filing 12 month period.
Failure to supply the N & M E will result in an Administrative Denial and will not toll the NOD Filing Clock associated with the original Decision issues.
The Question is, did you supply N & M E with your "OEfR" or was it EOR pre-Decision?

THANK YOU GASTONE- I asked here right after this recon regulation was published for comments on what it meant because although many (but maybe only a few of us)vet advocates gripped about the One year NOD deadline that used  to apply to claims that the claimant had filed a Recon Request.....
Thank you beacuse you took the time to read it!!!!!!!!!!!!! I was so happy to see the regulation change,I could hardly believe it was true.
A lawyer who comes here as well as former member ( a VSO) did not understand reconsideration at all and I wonder if by now they get it. I wonder if ANY VSOS even get it.
My only  personal Reconsideration request was made after the RO denied a SMC CUE claim I had filed in 2003 . Since Motions for Reconsideration could be filed on BVA decisions, obviously that would apply to a VARO decision as well- this was my ratioanal 2003 when the CUE was denied. 
The VARO never suggested my right to file this type of request was wrong,
but even with N & M (2 IMOs, )they failed to award.
I knew I would win at the BVA but then a miracle happened.
While awaiting  a transfer to the BVA, Nehmer 2010 happened.By then my CUE still sat at the RO, and I got some BS rhetoric during those 7 years,  I had filed a timely NOD, and realised that Nehmer needed to address this CUE plus one for IHD I filed in 2004.
It took Nehmer ( after one more ridiculous deial I got them to reverse fast) mere weeks to award the AO IHD claim as well as the 2003 and 2004 CUE claims.
My long point here is there is a lot of misunderstanding on Reconsideration requests...
ZBut there is no point t filing one if a vet does ot have N & M to send with it or whip uty a violation under 38 CFR 3.156 if they can.
EOMCDC please don't feel that you misled us---this VAOLA crap could give anyone PTSD.
"Whether I did something inappropriate, can the VA open a New Claim for something that is still in the appeal timeline of one year from the dated letter of the decision."
Apparently, common sense doesn't prevail when it comes to chipping away at one's retro. They are willing to let me open an expensive NOD and devote resources to an appeal that is avoidable and will probably go in my favor."
You might be able to file a GCY claim when you get the next decision ( GCY-Go CUE Yourself     VA  )😀
If you can scan and attach it here when it arrives (Cover C file#, Name)
I will do my best to seek a CUE in it...and if I find , I will write it for you  here-to file-
to see if you can get the proper EED, sooner than later.
Personally this should be good enough for them to do this right:
" I didn't ask for a technical reconsideration; I used the 21-4138 to communicate informally to the RO that I had new evidence that they may have rated me too low. I was giving them and myself an opportunity to readdress this prior to submitting a NOD."
That does mean however that the NOD had to be filed timely---which I think you did do.....even if the NOD is too late per the VA, there might be a good legal way to get around that too...38 CFR 3.109/ 38 USC 501a
If I worked for them I would consider that 21-4138 as a valid Recon Request....
This will wotk out OK for you ,I am sure.
 
 
   
 
 

Congratulations! 

Excellent! That's great! Congratulations!!!

Complete!!! Ebenfits  shows Complete! But i guess ebenefits won't show anything until after a week or two until they figure I get the Big Brown Envelope. Still shows that I am at 90% and nothing else has changed.....
PeaceI need peace, I gotta relax n find a way to get this off my mind....

Sounds like your you're on the home stretch. Good fortune!

The following is the best explanation that I have  that explains why a C&P exam is recommended but not required:
http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=2848
 
 

I bet you do! I still have all of my AMU homework!
I think my AMU experience not only helped me , as a writer, but also bolstered my ability to handle MANY battles I have had with the VA.The VA paid for half of my degree under Chapter 35.
The DEA form asks something like what you want the degree for.....
I wrote that  , as I have been a VA claimant many times,, I felt  that my degree will help me, to help others 
get through the battlefield of the VA claims process.
I was fighting over my most important VA claim at the time....and for the whole time I was at AMU. It was not easy .
Smeone mentioned here something that is so important-
the claim has to be worded correctly.
It took me many drafts before I filed my AO DMII death claim.My RO refused to re-open it  at first, then refused to read my IMOs.I already had DIC under 1151 but this was for direct SC death- under Nehmer.
 
 
 
 

I would explain your reason for a C&P postponement on a VA form 21-4138. You can submit this through e-ben. If you are using a VSO, I would even back that up with an e-mail to them. This comes from experience...it saved me.

Great EODCMC- I didnt have a scanner when I revoked POAs in the past. It is the signature they need and a scanned signature is good.
I forgot to add -make sure the VARO knows you have revoked one POA and have  acquired a different POA.

Wonder if your claim will be like my last one a few years back. When my award letter arrived in the mail, ebenefits still did not indicate my claim was completed.

Interestingly, this moved from Under Review to Preparation for Decision today. Perhaps the raters are ghosting this site? J/K

Re too many judges. Up to 1994, there were 20 "sections" of three judges each which were divided up to handle appeals geographically. Back then (from 1960-1994)  a "Board" was always three judges (VLJs or Veterans Law Judges). One was always a doctor/lawyer. Colvin v. Derwinski did away with the "doctor as a judge" part of the game and it became three judges alone. In 1994, they began allowing a Board to consist of just one judge to be able to hear more appeals. Until several years ago, we still only had 60 judges. We now have about 120 due to the FDC program and VA shoveling all those claims up to the BVA.
Often, due to the length of some appeals, a VLJ may retire who has held a hearing but was not able to render a decision before his/her retirement. A new VLJ steps in and the Vet is allowed to decide if he wants a new hearing before the new judge. In some cases, a Vet has a hearing before a VLJ and then has a hearing before another VLJ over another matter combined with his/her appeal. In these instances, because two judges might decide for and against creating a "tie" situation, there must be a third judge added to ensure a 2-1 decision. A Vet is allowed to ask for a third hearing in front of that added-on judge to ensure due process. Hence we occasionally see three-judge Boards in this day and age. It's very rare though. I've even heard of a five judge board back in 1997. 
One thing many of you are unaware of. There is an "old school" contingent of VLJs and a burgeoning new group of free thinkers who do not kow tow to the old ways. They are actually real judges rather than shills for the VA Secretary. This is why we're seeing more wins out of the Board than in decades past.