MikeHunt

Chief Petty Officers
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MikeHunt last won the day on February 18

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About MikeHunt

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    E-5 Petty Officer 2nd Class
  1. Routine future exam date is on the award code sheet. The actual diary date to trigger the RFE is in another program- A processor could (AFAIK) go in and change it- But then the date wouldn't match the code sheet. Do you think the date is actually wrong?
  2. They could've upload, but simply not sent the letter(s). Go into your POA or RO city desk and ask for the Narrative. A POA can lync the rater and ask WTF.
  3. you'll get a 101 letter from DMC with amount and lots of instructions. if they have your correct address and if they send it
  4. go to your POA, CVSO or the RO and ask them to print it for you
  5. You get dependents given an honest to God C-Number nowadays, that's about it. There's other numbers assigned by Mil pay or internally by an underlying pay system, but they're within systems; not used by VA processors.
  6. Don't use the term OSA. There's another type, Central Sleep Apnea - the VA want's you to use 'Obstructive', but don't do it.
  7. Someone here said VSO get credit for claims filed- no idea if it's true or not, but sure seems like it. I doubt another will: 1. do any better 2. take it at this stage
  8. You can request waivers on the basis of: Financial Hardship: You can turn in a VA Form 5655 after you get a notice from DMC. Not substantially your fault: This reference says it's the RPO's responsibility to notify the RO, who's supposed to reduce on receipt. (Why was it 3yrs????) M21-1MR, Part III, Subpart iii, Chapter 6, Section B 7. Adjustment of Awards for Children Over Age 18 Introduction This topic contains information about adjustment of awards for children over age 18, including the notification provided by the regional processing offices (RPOs) bar to concurrent receipt when to reduce or discontinue awards, and recovering overpayments. Change Date October 5, 2010 a. Notification Provided by the RPO The regional processing office (RPO) provides a copy of the award of DEA benefits to the regional office (RO) with jurisdiction over the claims folder. Reference: For information on the alignment of ROs and RPOs, see M21-1MR, Part IX, Subpart ii, 2.11.a. b. Bar to Concurrent Receipt A child over the age of 18, who is not entitled to benefits based on permanent incapacity for self-support, may not receive death compensation, pension, or DIC concurrently with benefits under 38 U.S.C. Chapter 35. References: For more information on the prohibition of concurrent payments of DIC and DEA, see 38 CFR § 21.3023. effect of elections, see M21-1MR, Part III, Subpart v, 4.E.22. c. When to Reduce or Discontinue Awards After notification is received from the RPO that it has awarded DEA benefits, and the RO has sent notice of proposed adverse action, if required, use reason code 41 to reduce or discontinue benefits in the same or any other case in which the payments authorized were based on the school attendance of a child, either retroactively or prospectively. Make the change effective the date the DEA benefits to the child commenced. Important: The RPO will usually send notification of an initial DEA award via e-mail to an RO’s CH 35 Outlook mailbox. That notification should be retained in the claims folder as verification of the award of DEA benefits. Notes: If the child was receiving death benefits in his/her own right, a contemporaneous notice may be sent to the beneficiary upon election of DEA. If the child was included as a dependent on a compensation or pension award, follow the due process instructions M21-1MR, Part I, 2.A.2. Send the primary payee a notice of proposed adverse action before removing the child from the award. References: For more information on the effective date of reduction in awards involving DEA benefits to a child, see 38 CFR § 3.503(a)(8) an adjustment if the child was receiving benefits under a consolidated award, see M21-1, Part V, 4.05c(l) 38 CFR § 3.651 38 CFR § 3.703 (c) 38 CFR § 3.704 (a), and reductions effective the date of last payment due to administrative error, see 38 CFR § 3.500(b)(2).
  9. Is the VA the correct defendant? Joe punches Phil in the nose and Phill sues Sally
  10. There's zero difference at the RO for FDC. You process based on when tracked items are due, and number of days in queue- The VSR will get their hand slapped if they don't send the 'excluded' letter, and add/subtract appropriate FDC/Excluded flashes to contentions- In true VA style even, especially, if it doesn't make any difference, LoL, the master bureaucracy at work. Homeless and over 85yo are priorities, and, of course congs The VSR will have to send out 'WTEMS' (What The Evidence Must Show) if you use a 526b, as it doesn't have those first one million pages of tiny print like the 526EZ.
  11. That's a claim for increase.
  12. Wouldn't be anyone there ... Don't do what your VSO says and just 'Put it down' Don't do what your VSO says and just 'Put it down' Don't do what your VSO says and just 'Put it down' IF you get denied because your hearing isn't bad, you'll need the infamous 'N&M' to reopen. As ham says, it gets worse as you get older, so THEN is the time to file. Ask the VA to put a rating on those zero's. They need to assign a rating when the number of zeros goes over a certain number- And, yes, they can rate all the zeros at zero :(
  13. There's National Non Rating teams to do Drill Pay and Dependency. Many on NNR are doing rating, i assume due to the recent increase in claims. You can try to add through eBenefits, I think, and the system will just add them. (It's called 'RBPS' Rules Based Processing System) You can tell RBPS added it, as the award letter has the most generic of looks- example; the evidence will just say '__686c Dependency Form__' instead of the usual date and full form name typed by a VSR. And, well, it'll be done instantly!!!! Absolutely ensure everything is squared away, or it'll be a 'RBPS reject' Last, ensure: 1) Dependency is awarded back to your comp award effective date (if you filed 686c /674 etc w/i a year of your award- not just the date of file of the dependency form (Known as Sharp v Shenseki for the court precedent). Frequently missed! 2) There's also a year look back for an 'Event' (say birth of child, or beginning of semester) from Dependency file date. for real last- Dependency forms are frequently filled out incorrectly- Authorizers will return them just for 'points', so double check every answer, and fill in sections even if it seems redundant or stupid.
  14. Just fill out a 526 online and have the VA do the rest, upload the medical documents through eBenefits. Don't put anything on the lines that ask if/where you were treated or that will confuse the stupid VSR; they'll 'develop' for the records you just gave them, or 'develop' to you to try to get more info on the VA clinic ... A VSO is worthless and will only lose your claim, give you bad advice, then blow you off when you need help. Secondary and Increase are the simplest of jobs for the VSR; it just goes to exam. Whomever actually does the exam (likely contractors LSAD or something in LA) are who effectively decide. If they deny it, then you can always go the independent route.
  15. Look up the DBQ, have your physician fill it out, then get them to do a medical opinion as well. I'm not sure if that's Periph Neuro, Sciatica, or the other one or I'd try to find it. I don't know what the format for medical opinion is- The hearing loss/Tinnitus DBQ has opinion included, but I don't other do.