Lemuel

To bring this thread up to date on my case which has some of the same issues as George v McDonough though I believe mine are better grounded.  I am now at the CAVC with an attorney from VETLAG.
The main issue appears to be "fraud against a veteran".  I have posted on another thread where you can follow my updates by clicking on the "L" upper left.

My first BVA case was legacy.  The CAVC, in response to a mandamus appeal referred me to a Legacy Appeal for this case.  So the BVA Judge did not read the record of what brought about the appeal in the first place.  Again, it is a wait and see game.  I do not think the CAVC is going to take lightly to the BVA Judge's change to AMA given it was their referral.

Thanks for this link.  I am sure it will help in my appeal because one of my motions was to refer to Director, Compensation Services.  First have to get back to Legacy Appeal so my briefs and motions are considered.  This makes me feel better about my position.  Will keep you informed here how it goes.  Still some time before I see the RBA (Record Before the Agency) and expect to have to challenge it.

We will need a blanket disclaimer for everyone who gives advice on the site as we go forward.  No one wants to be sued for giving "legal advice." 
The disclaimer should read something like, "Advice on the site is from the veterans experience.  It is not to be taken as legal advice.  If you want legal advice ask if anyone knows an attorney who will take your case.  Everyone's' experience is different and veterans suffer from PTSD and other memory interference.  Do your own due diligence to verify the advice is worth taking."

We will need a blanket disclaimer for everyone who gives advice on the site as we go forward.  No one wants to be sued for giving "legal advice." 
The disclaimer should read something like, "Advice on the site is from the veterans experience.  It is not to be taken as legal advice.  If you want legal advice ask if anyone knows an attorney who will take your case.  Everyone's' experience is different and veterans suffer from PTSD and other memory interference.  Do your own due diligence to verify the advice is worth taking."

I have set up the meeting for Saturday as reoccurring every Saturday for 8 weeks for now.  The link is below to put it on your calendar.  
Lemuel Bray is inviting you to a scheduled Zoom meeting.
Topic: Lemuel Bray's Zoom Meeting
Time: Nov 26, 2022 02:00 PM Mountain Time (US and Canada)
        Every week on Sat, until Jan 21, 2023, 9 occurrence(s)
        Nov 26, 2022 02:00 PM
        Dec 3, 2022 02:00 PM
        Dec 10, 2022 02:00 PM
        Dec 17, 2022 02:00 PM
        Dec 24, 2022 02:00 PM
        Dec 31, 2022 02:00 PM
        Jan 7, 2023 02:00 PM
        Jan 14, 2023 02:00 PM
        Jan 21, 2023 02:00 PM
Please download and import the following iCalendar (.ics) files to your calendar system.
Weekly: https://us06web.zoom.us/meeting/tZAudO6vrzsrGdWdQtTaQpazqQW3zzTNOxdk/ics?icsToken=98tyKuGsrTgtHdWVsRqGRpwIA4jCKO3zmGJcjadqmC7xNyFicgLsJ9N1YahlJPb_
Join Zoom Meeting
https://us06web.zoom.us/j/84337710131?pwd=ZU5mUVQ1cVoySEptTmQ5emR5U0k1QT09
Meeting ID: 843 3771 0131
Passcode: 343681
One tap mobile
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Dial by your location
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Meeting ID: 843 3771 0131
Passcode: 343681
Find your local number: https://us06web.zoom.us/u/keuemEsA9O
 

A new link will show on Friday and Saturday morning for the next Saturday's meeting.

HADIT is not dead yet.  Attend the Zoom meeting on Saturday as we try to work a way to save HADIT.

Please watch for the link and show up on Saturday.  Link will post tomorrow and Saturday morning.  Tbird will lead the discussion on Zoom for the next step from her retirement.
Please watch for the link and show up on Saturday.  Link will post tomorrow and Saturday morning.  Tbird will lead the discussion on Zoom for the next step from her retirement.

I will get the account and post my first Zoom meeting on Friday and Saturday for 2:00 PM on Saturday.  I will post under this thread and as a question.  The meeting open to sign on 15 minutes ahead of the meeting time.
Downloads of zoom is free to anyone who wants to participate.  The download will be available to those who do not already have Zoom on their computer, tablet, or phone when you click the link to the Zoom meeting.
I downloaded to my new computer when I clicked the link for Tbird's earlier Zoom invitation.  Let us start with her spitballs on Saturday, 11/19/22 at 2:00 PM Mountain Time Zone time.

My wife has the $149.90 annual subscription.  I can handle that which would allow 100 participants at a time.  Appears only the subscriber can host.  I would do my best to be fair and would not monopolize.  Instead, I would call upon those who are known to be knowledgeable, like Bronco and others you would nominate to lead including yourself.  We could set the signals for participation in the first meeting so everyone could be seen to want to speak at any given time.

I will get the account and post my first Zoom meeting on Friday and Saturday for 2:00 PM on Saturday.  I will post under this thread and as a question.  The meeting open to sign on 15 minutes ahead of the meeting time.
Downloads of zoom is free to anyone who wants to participate.  The download will be available to those who do not already have Zoom on their computer, tablet, or phone when you click the link to the Zoom meeting.
I downloaded to my new computer when I clicked the link for Tbird's earlier Zoom invitation.  Let us start with her spitballs on Saturday, 11/19/22 at 2:00 PM Mountain Time Zone time.

Your meeting was apparently a free meeting.  If you have a list of emails to send an invite to, I will get my wife to set up a meeting and forward the link to you.  She has a paid account.  You can still do the limited free meetings.  I think frequency is limited.
 

I believe I had a $50.00 annual for no adds before this problem occurred.  When I joined, I was barely making it so could not afford even the dollar.  Probably, when you started, I was living homeless in DC.  Late '90s.  And did not have a computer with me though I had one in Japan where my wife and I lived with and mostly off of her parents' retirements.
In 2009 I received 70% combined up from 50% and my wife and I were going in the hole $200.00 a month because of the weakness of the dollar and her Meniere's syndrome caused her to be unable to work for about 5 years until she found a physician who knew how to cure it.
Now with the forced savings of having an unprocessed extra-schedular TDIU claim dating back to 1987 that granted an EED back to my 1985 last day of work we are doing much better.  Paid off the mortgage on the house we purchased with the 2017 grant of TDIU back 2009 and then bought a rental property with the later larger back payment.
I made an earlier donation of what I would be willing to pay or donate per year to keep HADIT up and running even no matter what.  I know what it means to be poverty stricken when you are unable to work, have not received your SSDI in that 5 plus year wait trying to get it.
If a reader is in that position, press the SSDI claim.  SSA does a great job of investigating your disabilities.  The SSA CAVES REPORT is probably the reason I am doing well now with 100% TDIU EED to 1985.  Ask SSA to submit the CAVES REPORT to the VA.  When you apply for TDIU, the VA will request the CAVES REPORT, but it is better to already have it in your file because the SSA sometimes loses your file.
 

had to delete attachment, please check your attachments folks, it had personal information on it.

Suggest you should also have redacted your last 4 on your attached.  The last 4 and your DOB could get your check re-routed a few years ago.  I think they are more careful now, but the more the scammers have the less they need to fill in.  They only need to know where you filed, or your parents filed for a SS number to get the first 3 digits.  Not difficult to guess the next two from date filed if you have other numbers from the same issuing office.

Notice my check was only for from 1985 to 2009.  I had already received 2009 to 2017 on the presumptive 70% 2009 rating as of the 2017 Decision which was closer to Rattler's amount.  Rattler, your EED prospects look very good from my position as long as your claim for review is timely.
The Executive Director, Compensation Services is not bound by the CFR time constrictions as indicated by my more than 1-year EED from date of claim.

My award was similar.  $330,000.00 on an extra-schedular claim CUE that was not processed until a BVA remand in 2017 and awarded in April of 2020.  Deposit 7/9/2020. (Amount less 20% attorney fee)
I am attaching, redacted for ID numbers, as precedence for your EED claim.  Notice my claim for extra-schedular TDIU was dated 06/24/1987 and the award was EED to my last day of full-time employment in September 1985.  Be sure to claim any periods of unemployment that lasted a year or more in you TDIU claim if you did have any full-time employment after 1977 on a second round.
My current EED claim at the BVA claims back to 1974 but based upon both periods of more than a year of unemployment and an 1151 claim filed against the Navy and BVA for not diagnosing and treating my temporal lobe epilepsy sooner.  It was confirmed in 1990 but mistreated with Tegretol on two counts per the 1990 and current PDR.
If you had a TBI or cerebral malaria, p. falciparum, you need to be evaluated for temporal lobe epilepsy.  Self-treatment for that demon interfering with your former skill level (temporal lobe epilepsy) turns out to be diagnosable by EEG and was before the Vietnam war.  Mine was first suspected in 1985 by EEG because of a loss of sensation in my left forearm after my TBI in 1969 which caused a C&P examiner to order a follow-up neurological consult.
Notice, it took only 2 days for the Director, Compensation Services to reply to the DRO.  Your wait was probably for the Executive Director's approval stamp which may not require a letter on the higher-level review since it is probably done by her office's delegated authority to well-trained DROs.
The AF decision may not apply to you.
My wait for the check was because of an audit of my past account with progressing ratings on different decisions.
I also wish to thank HADIT for their help with my claims.
 
 

You are eligible.  Just need a full statement from your employer about what considerations he gives you and that you would be unemployable if he did not grant you those considerations because of your service-connected disabilities.
Search 38 CFR TDIU and 38 CFR Extra-schedular ratings.  If you do not find the eCFR sections, reply to this and I will go to my claim quotes and copy and paste them.  Or you can look up my posts by clicking on my green "L" in the upper left corner and go through my posts to find them.
Found this quickly and the attachment also:
§ 4.18 Unemployability.
A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, § 4.16 is for consideration.
[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]
To file an extra-schedular claim see a VSO and have him help you get it in.  Extra-schedular claims do not have to be just for TDIU but are required to be submitted by the RO when, for example, you report your circumstance in your clinical or mental evaluations and the reports are recorded.  It becomes a CUE if the claim is not referred by the RO for extra-schedular evaluation per 38 CFR.
 
1 38 CFR 4.16.pdf

My TDIU was equitably tolled by the Director, Compensation Services to the last day of my full-time employment, September 1985 from my claim from June 1987, doing essentially what is requested here. To meet the time of first injury disabling effect.
I wonder if this case was sent to the Director before going into appeal?
TBI victims and PTSD victims both have the problem of the VA using their injury disability against them contrary to the ADA.  Wonder why the ADA has not been cited in this.  Also, would apply to mental category 3 & 4 inductees ability to prosecute claims. It is too presumptive that they have a relative to help even if they know they need help. 

CUE, all of us can read your bad advice and decide not to follow it.  You give no reason for avoiding the examinations that will have any chance of getting another remand with proper remand orders.
I have seen others get SC for secondary conditions they did not expect simply because they attended the examinations and had the good fortune to catch a physician who ignored the examination order by the RO or an RO that issued the order properly to do a complete examination. 
I personally had a VA physician who did that in 1985 which was the cause of the recognition of my TBI brain injury and subsequently confirmed complex partial seizures I was unaware was happening. (atypical absences of just staring in an "altered state of consciousness which, for me seemed like a momentary inattention when actually they were lasting up to 45 minutes) 
There is far more benefit from attending every examination possible because at least some will do a thorough examination as required by the CAVC Decision, “Once VA provides a VA examination, it is required to provide an adequate one, regardless of whether it was legally obligated to provide an examination in the first place. Barr v. Nicholson, 21 Vet. App. 303 (2007).”
I missed two "private physician office" C&P exams after the really bad NP VA examination that sought every unfavorable remark in my record while avoiding mention of all of the favorable remarks while she avoided the BVA remands and stood by the exams as ordered by the DRO.
I did not make the exams because it was early in COVID, and I did not think it was worth the risk after confirming the examination orders were the same as the ones that caused the remands in the first place and the "private physician consult" by the DRO was going to be followed without deviation meaning I was still going to have to get another remand from the BVA.  Not going will make it harder for me to get the remand. 
All I have going for me is not wanting to repeat the examinations that would just have to be ordered over because the DRO copied the previous orders instead of following the remand orders and taking an unnecessary COVID risk.
I am still fighting to get the temporal lobe epilepsy SC and to get compensation for the mistreatment of it with Tegretol.
I agree with you, CUE, that there is a problem with RO and DRO examination orders and we would not have to appeal if the awards and examinations were according to CFR instead of whoever is causing the limitations in the orders.  The referral by the RO and DRO to private physicians that have to follow those limitations the save as the VA physicians had to in the past and the NPs in the C&P examination do now, and even write bogus examination reports often copying errors in earlier exam reports that are easily proven "arbitrary and capricious" by the record in appeal.
Yes, it is hard to see a good examination turned bad by a later examination.  But the good examination, solidly based in the record is cause for claiming the bad examination is "arbitrary and capricious" and should be ignored and redacted from your record so it will not be copied again.  That is the subject of my motions to the BVA this time up.

The only thing I have seen in regard to C&P exams is "Affirmed" on the part of a BVA decision to affirm a decision to deny a claim on the basis of not doing the examination.  I do not remember seeing an affirmation of a reduction in a rating because of not doing an examination except in the case of a temporary rating.
I can search on Fast Case if you like but it is not the best search for cases based upon the issue of the case.  Takes lots of time to weed out the unrelated cases which I do not have right now.  Maybe next week.
I never downloaded those cases because I did not think they were relevant to my case, and I only subscribe to CAFC decisions.  To see CAVC decision go to the CAVC website and research their decisions.  Once you have a case name then Fast Case can locate the CAFC appeal if there is one.

The "10 year rule" actually applies to "severance of service connection".  
Severance of service connection differs from "a reduction in disability rating".  
The 5 year and 20 year apply to reductions:
https://www.law.cornell.edu/cfr/text/38/3.951
and
https://www.law.cornell.edu/cfr/text/38/3.105
https://www.law.cornell.edu/cfr/text/38/21.414
 
 
 

This question brings up the billboard quote, "Delay, Deny, Wait Until They Die".  It is the endless circle I also find myself in.  Think I will see if I can get that posted on a billboard outside of VARO Denver for 6 months.  Won't have to be specific as to who it is directed at as long as it can be seen from the Director's Office.
Maybe we should get together and have a van with that message parked in view of the VA Secretary in DC for a few months until the situation changes.
Maybe just pay to get it posted on a van that regularly goes by the VA Central Office.

I checked out the caregiver program this year.  I do not qualify.  Problem is there is an all or nothing approach.  I can still bathe and cloth myself.  But very little else.  I have to hire yard work and a lot of other things I used to do myself at a cost of $500 to $1000 a month depending upon the weather and other circumstances.
Your caregiver, if you are qualified, gets around $1750.00 per month and if you are more severe so the caregiver needs a break, I understand a secondary caregiver can also receive some compensation. 
The VA is just going on the cheap to keep from paying $4000 to 6000 for nursing home care.  If you do not qualify for nursing homecare you and your family are up a creek.  You eat up the money your wife and family would have if you died first, and she is reduced to less than half of your social security together with far less than half of your 100% compensation.
Sent an email to my congressman who is on the VA subcommittee for benefits, but I do not know if it will do any good.