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Senior Chief Petty Officer
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About hurryupnwait

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    E-7 Chief Petty Officer

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  • Service Connected Disability
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  1. Anyone have experience with sending their claim to the Director of Compensation for Extraschedular consideration? REASONS FOR REMAND 1. Entitlement to an earlier effective date for a total rating based on individual unemployability (TDIU) is remanded. The Veteran asserts entitlement to an earlier effective date for his TDIU. The Board notes that his TDIU is effective May 19, 2009. Prior to that date, the Veteran does not meet the criteria for consideration for entitlement to TDIU on a schedular basis because the combined rating does not satisfy the percentage requirements. In this regard, the Veteran does not have a single disability of 60 percent disabling and he does not have a service-connected disability that is 40 percent or greater with a total combined disability rating of 70 percent. 38 C.F.R. § 4.16(a). Nevertheless, the Veteran may be entitled to a TDIU on an extraschedular basis if it is established that he is unable to secure or follow substantially gainful employment as a result of the effect of his service-connected disabilities. 38 C.F.R. § 4.16(b). Therefore, if the schedular percentage threshold criteria are not met, but there is evidence of unemployability due to service-connected disabilities, the case must be submitted to the Director, Compensation Services, for extraschedular consideration of a TDIU. 38 C.F.R. § 4.16(b). Neither the RO nor the Board may assign an extraschedular TDIU in the first instance. Bowling v. Principi, 15 Vet. App. 1, 10 (2001). There is competent medical evidence, to include a July 2017 vocational assessment, suggesting that the Veteran was unable to work due to his service-connected lumbar disability during this time. See 09/05/2017 Medical Treatment Record – Non-Gov’t Facility. As such, the Board finds that a referral is warranted. This matter is REMANDED for the following actions: 1. Obtain any outstanding VA treatment records. All requests and responses for the records must be documented. If any records cannot be obtained, notify the Veteran and his representative of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records 2. Send appropriate notice to the Veteran regarding TDIU and complete any necessary development. This should include sending the Veteran an application form (VA Form 21-8940) and advising the Veteran of the necessity of notifying the AOJ of his employment history and his educational background for proper adjudication of the TDIU matter. He should be asked to specifically identify by date the period or periods during which he claims individual unemployability due to service-connected disabilities. 3. Refer the Veteran’s request for a TDIU per § 4.16(b) to the Director, Compensation Service, for extraschedular consideration as to whether his service-connected disabilities preclude him from participating in gainful employment prior to May 19, 2009. 4. After completion of the above, readjudicate entitlement to a TDIU considering all relevant evidence.
  2. Well, my attorney is Ken Carpenter. He is a very well respected lawyer but very expensive.
  3. So, if the EAJA fees do not cover the full 30% attorney fees, then the balance would be due to the attorney and paid by me from the award. Is this correct?
  4. Is a 30% contingency fee excessive to take a claim to the CAVC. I understand that EAJA may pay all or the major portion of the fee. Even if the court affirms the previous Board decision the attorney gets EAJA fees. Is this correct?
  5. Well, the university decided to reopen with all classroom classes moved to online classes and if a class can not be taught online then it will be dropped. They also have waived the additional online fee. We had already registered for all online classes and now they are telling us that we must pay the fee. I guess what we could do is sign up for classroom classes that are free of fees and drop the online classes. But now, we were thinking that these new classes that were changed from classroom to online might be a poor idea because they could have a lot of problems. I wrote an email to the Vice President of Student Services and basically said that all students should be exempt from online fees. I did notice that many classes are only taught online that is why the university is saying that we need to pay. The term was shortened to 10 weeks, instead of 11. My wife and son are receiving chapter 35 benefits and we are not sure how the VA is going to handle all these changes.
  6. If the VA does pay for what was certified for the term that would be great. Now, we have to ask the university if they plan on granting credits for the term. Would not be a good situation to have the VA grant the payments, deduct that from the 45 months of benefits and have the university not count the credits towards graduation. This is for dependents Chapter 35 benefits.
  7. If a university closes due to coronavirus in mid term and a student is getting Chapter 35 payments, will the VA stop paying them their education benefits? We have a national emergency and many rules change when that happens. Does anyone know what the VA plans to do?
  8. Wow I did not know about this!!! https://www.disabledveterans.org/2019/12/09/is-720000-payout-to-korea-war-veteran-widow-enough-after-50-years/?inf_contact_key=19e3f6714f4d7878a75d4bf05856a6bd680f8914173f9191b1c0223e68310bb1 Any comments
  9. Well, I am completely convinced that more retro = longer wait time. I have two issues on appeal and one issue goes back to 1973. I do believe that when the RO staff sees that date they scratch their ass and bury the file. It has taken 8 years to finally get the claim certified to the BVA Yeaaa. I have been told that 7 - 8 years is the new norm to get a claim certified to BVA. I believe that those claims prolly have a retro amount that scares the giibbberrs out of RO people so it gets dusty and when people see a dusty file they think something is wrong with it, like a house that sits on the market too long. Even tho my attorney is Mr. Ken Carpenter, the claim has been lingering and collecting dust at the RO. I am also convinced that having an attorney does not speed up a claim. Having an attorney does help with having your i 's dotted and your t 's crossed. Regards
  10. I was wondering how the BVA would handle a form 9 that was filed on Jan 3, 2012. It sat waiting to be certified to the board for almost 8 years. Would they feel an urgency to move on it because of the date?
  11. Can anyone tell me what date (docket number) the BVA are presently working on? I have not been able to log in to Ebenefits for weeks. When it does work the info it provides is highly suspect.
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