cwatson

During my successful CUE claim appeal to the CAVC court in 2003 the VA lawyers were extremely rude and arrogant toward me on the phone, in writings and even pleadings before the court in their motions, etc. I was warned ahead of time that they would be this way and SOBs.
They were very tricky in their procedures and timing and tried to get my case dismissed on technicalities and almost derailed me on several occasions by trying to make me miss court deadlines for certain filings.
There is a CAVC court rule that pro se veterans like me representing myself are to be given extra leniency in our filings, wordings, and some proceedings and lucky for me the single judge handling my case in the beginning gave me these extra time factors.  Another judge later made the actual ruling/decision on my CUE appeal and gave me what I wanted thru remand instructions back to the BVA and VARO. 

I love the cavc. They really address your case.
But the veterans affairs is really trying to fight me hard for my benfits and because of there errors of handling a cavc remand order.
I am pro SE and have been pro se at the court before.
But why does the veterans affairs need 4 lawyer against little me
RE, Appellee responds to the Court’s Order.
 Respectfully submitted,
 RICHARD A. SAUBER
 General Counsel
 MARY ANN FLYNN
 Chief Counsel
 /s/ Catherine A. Chase
 CATHERINE A. CHASE
 Deputy Chief Counsel
 /s/ George M. Morris
 GEORGE M. MORRIS
I have never had this many VA lawyer on a case this is crazy.
But whatever 
An this is just the lawyers in one case.
I got 2 other case with different lawyer on them.
But not one lawyer want to address that I didn't request to be removed from legacy appeal system
It take two seconds to look at the nod you have to check a box.
I never check the box.
I put a dispute of the record
Because there is no final appeal decision made for my mental health and 5 other issues. After I nod Them 2001.
They remain pending
The VA lawyers has even stated they can't find the final decision.
The regional office respond was it was address in the body of the granted of tdiu 2004.
So 4 different VA lawyers are fighting this.
And the smc l for my mental health 
I had a dro informal hearing 2018 and was send to a comp exam to see if my mental health effected my daily living.
Well. It was favorable.
The VA has refuse to address anything about for 4 years.
I guess it remain pending also.
Here are statement from the Nov 2021 mental health decision.
The examiner found that 
the Veteran’s mental health symptoms frequently interfere with his ability to complete tasks at home.
 
While the July 2019 VA examiner indicated that the Veteran’s mental
disabilities would “frequently interfere with his ability to complete tasks at home,”
he was found capable of managing his financial affairs.
Do u think they inferred smc l for the mental health no.
Because it give me the smc o and the r2.
Because I receive in home care.
So this is how the veterans affairs play there games.
Fight continues.
I just got denied by a different judge smc o and r because my mental health is smc l.
I can't make this up.
It's a different case at the court.
Smh this is just a crazy process and I can't believe it this many VA lawyers on these cases an not one feel or see any wrong.
Well I am waiting for the lawyer from the pro Bono telephone conference to appear on this one case.
I hope they appoint a experience lawyer and he talk to me before the conference.
Because no one feel they have to talk to me about anything with my case.
I am just doing allot of typing lol.
Sooner or later they will address my case.
Ok done venting again lol.
 
 
 
 
 

Man I am get really mad at this whole process now.
I really feel like I am been put in a place to fall.
There is no way the court can address it own remand order.
The court set a side my effective date granted 2018. An remand it back to bva.
The bva remand the same effective dates set aside by the court. To be granted in the first instance.
So now I am back at the court appealing the same effective dates the court set a side.
An no one will address it.
 My cavc remand has been process in the new ama system.
They removed it from legacy appeal and the court remand docket
When I never check the box to remove it on the nod mail to me.
It take two seconds to look at the nod.
No one will address it.
I am not give up but this is just crazy.
One day they will have to address all this.
Just a shame s veteran has to go all the way to court for the VA to address a nod and there errors of processing it.
The no contact with anyone really is go-to back up the VA system.
I am just venting. This handling 4 different appeal at the court is stress me out
An the court will not even rule on consolidating them together.
It been 3 weeks no answer.
I ask the veterans affairs to merger them back together before any of this.
Because I understood I would be fight 3 different appeal at the court at the same time.
Not answer.
So I sit here try not to miss any deadline and go over 3 different copys of the rba. The record.
Can use just one because the pages are number different.
Smh it's alot this time but I understand what I am doing I just don't like it.
An I feel is putting a pro SE veteran at a disadvantage.
An not legal.
No one will address this lol.
Ok I am done back to getting this brief ready.
O I got a pro Bono program telephone conference that will be scheduled soon.
I just hope the lawyer that come on the case doesn't feel he has to address my issues.
An feel he is just going to ask the lawyer basic stuff I will end the conference not about to sit here and play games.
I will just let the judge rule.
It a lot in but the fight continues
 
 
 
 
 
 

I am 100% P and T.  TBI caused seizures, migraines and depression.  The migraines are rated at max...50% and I am treated with botox since 2012. Every 3 months I get the shots in the neck and side of head.  The shots were exrtremely well.....and are covered by the VA.

Unfortunately, the VA rates your disability on the effect it has on you seeking work or working.  If your headaches are controlled by the Botox they will probably deny an increase.  I also suffer migraines from service and they do not rate migraines very well in my opinion.  Totally incapacitating migraines are only rated at 50%.  If you are having migraines while being treated with Botox do request an increase.

Thanks, GBArmy.  I figured it wouldn't be Nehmer, but in 2009 it didn't seem productive to continue to pursue since the only way to get AO disability was to have served "in country" and I hadn't.

Hi mrmo Welcome to Hadit. Does your decision letter say you can appeal using HLR? It doesn't sound like it would. If allowed, do it.Berta might comment on whether Nehmer applies, but I doubt it since it isn't a presumptive to AO. I'm not sure you have continuation, but if you do have it, it would be serious back pay. Others may disagree, but I would talk to a few good lawyer groups and see what they think. 80% of back pay is still a pretty good situation and a lot better than 100% of where you are right now. 

And I have to say also, not looking for any additional benefits or anything. It would just be to have it on the record

Hi Drago. Welcome back and glad you finally got 100% P&T. That said, I have had advise from a friend a long time ago which goes "the juice isn't worth the squeeze." Meaning: you are already at 100%; what are you going for? A SMC ? Coverage for CAD/heard; you said it is mild right? Personally, IMHO if you have little to gain but something to loose, why do it. Probably little risk to get knocked down in ratings, but what is the gain if you do try?
 

You were told if I am correct to send some forms to your doctor to give an opinion except you admit that you did not follow through. We cannot tell if you have been rated for any disability(ies). It sounds as if you are attempting to file that you cannot work (IU) or what.
I would wait hiring an attorney and ask more questions and ascertain more information first.   

I agree that claims should not affect upon appeal claims still pending and I wish anyone well but I filed for pain in my lower spine in 1990. My claim was denied after I submitted the day the x-ray diagnosed me with a Degenerative condition. I refiled the claim in 2008 after a 2005 x-ray at a VAMC and after a 2007 MRI  at another VAMC. My conditioned had worsened causing Sciatica in both feet and other neurological conditions from the Nerve Compression in my neck. I filed a new claim again in 2019 because the VA had not made a decision about my spine or the TDIU until December 2019. Now in 2020 the VA is addressing my TDIU and other conditions that I filed in 2012. My back and hips were filed first and then second prior to the other conditions so it was easier for the VA to relate the second and other conditions to my spine. It may be possible to relate the knee and hip to the back but it may be more difficult. Good luck.  

First it is almost impossible to get a back date when we did not disagree or file an NOD only after a claim was filed. A military psychiatrist hand wrote a three page analysis about my mental status and requested that the military to discharge me. I have never had the time to read anything more than let me out in 1970. The CO refused and instead falsely claimed that I went AWOL every week for a year then he had me arrested. The psychiatrist wrote another request for the military to release me in 71 and I was after a Court Martial with a General Discharge that included all benefits. My PTSD was denied in 2009 but granted after an appeal in 2019. My effective was 2009 but I complained of how the VAMC doctors have diagnosed and treated me since 1972 and 2000-18. It is a fight but do not quit. 

I was in Bahrain in the early 80s and some other sandpits was hospitalized 24 months later for GERD and diarrhea, that was in 1987. I hurt everywhere as time clicked by. My Gi doc 5 months ago found out that I had picked up Helicobacter pylori the damage done of the years can not be fixed but not being anemic and finally up taking fat soluble vitamins like K, D and calcium sure make you feel just a little more alive. They did not test for this until after two docs got the nobel prize in 2005 and the treatment is the same as amtrax it sucks but worth it.

Stop working and file a claim for increase to the 100% rate based on the fact that all your service connected condition preclude you from gainful employment.  Vet Rep PVA...

VA = MADE IN CHINA!
When I received these utensils in the mail I was unaware I had Parkinson’s Disease, as that is one of the common ailments among Agent Orange/Dioxin contaminated Veterans.  But it came as a surprise to my Primary VA Caregiver last week that I received this shipment. 
 
However, I believe, my Ischemic Heart Disease to be a direct correlation to Agent Orange exposure, but at this point, the VA does not! So far I have had a quadruple by-pass and EIGHT stents due to Ischemic Heart Disease as well I have Peripheral Neuropathy, but that recently developed, I believe because all of this hit me at once. Strange enough, my 100% disability rating comes from none of the above diseases! 
My medication for Ischemic Heart Disease is taken daily, but this last year I seem to have to double up on them as their strength seems to have gotten weaker over the last year. 
...

AFTER TWO YEARS IN THE VA IPL PROGRAM - I HAVE HAD ENOUGH!
THESE PEOPLE ARE LIKE WHAT MY GRANNY USE TO CALL "USLESS AS TITS ON A BOAR!"
HERE IS ANOTHER ORGANIZATION @ THE V.A. THAT NEEDS TO BE CUT, PRESIDENT TRUMP! SAVE THE TAX PAYERS SOME MONIES
Sorry for the 'mad' ... as I have HADIT!
STARTS @ 11:13
 
 
🤐

Lets discuss the "other issues" you filed for.  The Veteran is presumed to be seeking the max rating when he applies for benefits.  There is something called an informal claim, that was alive and well in 1989.  You would need to meet this criteria for an "informal claim for increase" in 1989:
1.  You would need it in writing.  In other words, review your medical records (in 1989) and see if, when you applied for your other issues, did you also mention, or did the doctor mention a mental health disorder?  
2.  You need to "show intent to apply".  That may be a tough one, for a mental disorder you are unaware of.  
3.  You need to "specify the benefit sought."  You dont need to specify, "I want to apply for bipolar disorder".  Instead, you can state, much more generally, "My head is not screwed on right and I would like benefits for that".  You dont have to self diagnose your own illnesses.  
        An attorney I spoke with once brought up something like that.  In other words, if you have a mental disorder, are you competent to even know you have a mental disorder?  
        VA will adjuticate in the following order:  1. Service connection or no.  2.  Disability percentage
3.  Effective date. 
        You are gonna have a tough time getting VA to grant an effective date BEFORE you have been SC and before a percentage is established.  
Therefore, my advice is:
        Apply for 

Good advice.........

If a veteran files a claim within one year after their discharge and VA awards it. their retro will go back to the day after discharge.
More info here:
https://cck-law.com/veterans-law/are-there-retroactive-awards-for-veterans-disability-claims/
Can you scan and attach here the denial that mentions the disability?
We need to see the Evidence list, their rationale for the denial, and what the Mental health disability was.
Cover your  C file # ,name, address prior to scanning it.

First thing to do is make a claim for it.  That will start the date for compensation.  I doubt that they will go back to a date where no claim was made, but you need to get the MH condition service connected before you need to worry about an earlier date.
Now if the intentionally hid the information from you, well then you might have to get a lawyer to prove that, but just because you didn't see it in your medical record, or you were unable to get your medical record, I don't think will fly.  But, I could be wrong.  
I don't know what documentation you have, but sometimes the VA steers you in a way for you to get compensation, so I think it is a positive that they suggested the MH route for a claim, and I would jump on it to get service connected.  Just claim it and let them figure it out.  I don't like to put too much what if's in my claims.  
Worry about the earlier date later,
Hamslice
Service Connection is were you start..
 

I was diagnosed with a mental disorder in 1988 and never told or treated and then discharged in 89. Filed for other issues that were denied and the VA tells me that a favorable finding is that I was diagnosed with this mental disorder. So I decided to put the other claims on hold and file for the mental disorder they diagnosed me with and never treated me for. My question is how should i pursue this and can I get effective date back to discharge since they never told me?

You can have regular claims pending while an appeal is going, as long as you aren't claiming conditions related to the appeal . You can do them yourself through VA.gov and upload whatever records you have, or list where youve been treated (private and VAMC so we know where to look) and we can pull the records. Its faster if you submit what you have, but at least if you give us a facility and state (VAMC) or an address and name of provider (Private) It makes looking easier. 

I have an attorney appealing my TDIU claim. I want to know if l can I file a secondary claim for my back and hips as a result of my TKRs ? Do submit the claim myself or do I need to go through the attorney? Can filing a claim during an appeal upset the appeal process?           Thanks

Not sure about any legal resources but you can have your psychiatrist refer you to a medical physician and request an IMO (INDEPENDENT MEDICAL OPINION). Even if you contact a lawyer, they are going to need a medical opinion of your condition and your ability to work.  If this is a military disability you can always put in for an increase. Also, you can have your psychiatrist refer you to a VOC Rehabilitation Specialist for a Vocational Occupation Opinion of your working ability and submit that to your insurance.  Others may chime in.

Hey,
I've been on LTD for about two years due to mental illness & chronic pain. I had done multiple surgeries to treat endometrial cancer, which has left me disabled from work. My psychiatrist had helped me out with the medical questionnaire since my physician was reluctant to doing so. But I received a letter from my insurer saying that they need my physician to fill out a questionnaire for them; if not, they would cut off my benefits. Later, I asked them to send the forms to my doctor; however, I didn't follow up on that. Now they have been withholding my claim for three months. Do I have any legal recourse here? I've thought of contacting an ltd lawyer, suggested by my psychiatrist.
Any advice is greatly appreciated!
Thanks!