porgee

you got a lot of good info working for you And then there is a little bad info but the Dr may have help you out. Its more good than bad. I just didn't see where he address whether you are not able to work or not . I may have miss it but Good luck

Berta great advice you have given, at least I think so anyway

who does it help we been getting wrong doing everytime we file a claim for 30 years now what will this do for us , NOTHING IT HELPS TO FIRE EMPLOYEES .I need help firing the POTUS. JUST SAYING

never know what this guy will do most talks is from the Secretary nothing from the POTUS

Your POTUS is not helping VETERAN he is trying to cut our benefits to help pay for CHOICE PROGRAMS. Why should I have to pay for medical benefits if its already DUE. If I file my medical with SSDI it pays ,Choice have a long processing claims and years before they pay. What doctor can work for this with proper care and wait years for payments???

IU benefits is still on the chopping block. Nothing has change as for as I know. And with the POTUS He just listening to everything his comrades and sign everything he has not read for anything against your former POTUS has agreed to. Cancel everything that this POTUS has succeeded in and too, put us back 20 years from where we have already MADE IT THROUGH. my guess is as good as yours,,"YOU NEVER KNOW"".

Cant give you a good answer but I will be calling the BVA or RO FOR ANSWERS as to why another C&P

First start some treatments for your problems, OSA is getting harder to prove these days but if you had this in service while active it shouldn't be that hard to prove. Medical records and a copy of c-file would help you to prove your case. Most all back conditions is rated as "ROM" range of motion how far you can bend forward ,backward, & sideways.

trust your attorney they get paid for knowledge and laws free advice is good but always best to trust your attorney.Evidence wins claim but EED of claims is a different game . Sounds like your cues was from a DIC claim and not a VET CLAIM for benefits its a different claim all together Dic & VA benefits but you won that's all matter. Never go against your attorney ask another one what he thinks

My case after talking with a couple attorney, they will represent me on the decisions the judge or RO changing the judge decision. They seems to think they can get this decision in my favor, it is only 1 year retro but they like the case.I JUST don't know. One more thing always read your decision 2-4 times because you may have miss something I miss the decision was P&T with Child Education benefits but the attorney says I should get another decision showing P&T .The decision say educational benefits only.

you don't need a docket # to know you didn't understamd the process maybe get the books and read them might help you to understand the process as the attorney suggested. Might help

The only thing I can say is every lawyer has a different opinion on different cases My brother attorney deducted the $1075.00 from the attorney fees from his award. 6 digits award The court decides what you are paid from my understanding. You can file for 10 grand doesn't mean you will get it from the court .I will try to get a copy of payments from EAJA fees but my brother trust his attorney in wish all us should do if you attain an attorney make sure you trust his decisions on your claims

if POTUS listen to this I wont say no more. Always a miracle

You wont know what the fees are paid until you get the final decision from your award or attorney. The attorney bill only states the court awarded EAJA fee of $1075.00. So I guess you will have to trust your attorney on the fees that was paid. HE didn't get a bill on EAJA fees and its not in the decision. The fees above is the max the court will pay it doesn't say anything about senior attorney it doesn't matter its the max paid.Its up to the court as to how much is to be paid from my reading.

The WH is so confuse they have no direction. Attorney General says he want to crack down on medical marijuana but VA Secretary says he would like to try it on Vets with certain disabilities. who knows

I ask because my brother got a remand from CAVC AND HIS ATTORNEY claims he only got paid $1000.00 in EAJA fees which mean he gets more of his retro would the fee be in the decision or it come from the attorney? anybody

Personally, I did hire an attorney at the BVA denial level. My attorney "won" a remand, and got paid $6000 from EAJA fees. While I have not gotten any money yet, when I do, the EAJA 6000 fees will be deducted from anything I may owe the attorney. Not trying to be smart but you mean at CAVC your attorney got paid $6000.00 he must have had a lot of hours in or a very difficult case to win a remand https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000039 Statutory Maximum Rates Under the Equal Access to Justice Act Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d)(2)(A), Thangaraja v. Gonzales, 428 F.3d 870, 876-77 (9th Cir. 2005), and Ninth Circuit Rule 39-1.6, the applicable statutory maximum hourly rates under EAJA, adjusted for increases in the cost of living, are as follows: For work performed in: 2016: $192.68 2015: $190.28 2014: $190.06 2013: $187.02 2012: $184.32 2011: $180.59 2010: $175.06 2009: $172.24 2008: $172.85 2007: $166.46

You will still need an medical opinion because nothing in the dbq ,to suggest a different outcome" without mere speculation" they don't know why you are having problems.

Broncovet, thanks a lot I hadn't response because I had a bereavement in my family. I have talk to some lawyers or at least two who want the case and their is one I like and he is suppose to call me tomorrow. I GOT TO APPEAL this because of P&T and for educational benefits that I already paid for. P&T will put me at 17 years of TDIU WHICH IS 3 more years to make 20 at IU.

It is the law but VA looks over that law they will not allow this to often just be careful. I cant afford to lose $36,000 and not working for $12,000 and work. never will just me.

There is one thing I would like to add if you ever file for a EED for a claim you file for everything you are entitled to like '" p&t ,child education". This is something I still got to fight for in appeals. Don't do like me, file for everything at once. I have seen this in some BVA decisions where they ask for P&T & CHILDS education benefits, but I know why I see the claims

Thanks Buck,

I thank everyone for your response. This is what I think happen to my claim. My NOD ask for EED of 2003 and the Judge agreed "but they claim I filed the claim in 2004 and not in 2003. Medical records says I was disable since 2003 with hospital records showing I had surgery and I was disable IN 2003. That's why I say I give up. I cant find the record that I file in 2003 and I file this same claim through SSDI and they tell me SSDI would not file VA COMP with SSDI for VA benefits. My lost what can I do?

BVA granted me and effective date of 2003 in the decision but only paid me back until 2004 one year short and only to say they made a mistake in the first decision. The Judge made a mistake but this was the year I ask for in NOD. The 6 digit retro is nice but 1 year short and now another 5 years of appeals or leave it alone?? It took 9 years in appeals for this only to get shorted one year. I might let it go tired of fighting the ""goberment'' not goverment

I will say this if you are filing a claim for IU and you tell them you are working under poverty level most likely it will be denied. Taxes taken out and getting paid by a check leaves a paper trail. Cash don't .