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Bwaveteran

Seaman
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About Bwaveteran

  • Rank
    E-3 Seaman

Profile Information

  • Military Rank
    Sgt E-5
  • Location
    TX,CO,VA
  • Interests
    I like Tacos and sharing those Tacos with my grandson.

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    US Army
  • Hobby
    Being a Dad and Grandfather at 40 yrs old.

Recent Profile Visitors

82 profile views
  1. Yeah, go with Supplemental lane, with more evidence but, make sure it’s new or relevant to your appeal. If I’m wrong, someone will correct me and provide better advise. With the new AMA, it can be confusing.
  2. Well, if the rater missed it, then you should point that out for the HLR. Backdraw on that, you cannot submit any new evidence to the HLR. I had a horrible experience with the HLR( former DRO Review) until my case was won at the BVA. With my Rating Decision just recently from the ARC, they used the evidence and errors from the initial and DRO to establish my rating, so that should tell what’s what. Go figure right. Get with your VSO or Attorney and discuss it over.
  3. Very rarely, (in loose terms) the VA will issue a Fiduciary Proposal for Vet that is rated %70. In my case, I’m %100 for PTSD, and I’m about to go through the Fiduciary Process, haven’t got the proposal but, I did get a call from AMC in DC about the Brady Bill and being found incompetent according to my last DBQ while my appeal was granted by the BVA. My spouse,(16yrs) I will appoint to be my Fiduciary, I know I’m the last person to be handling money and I admit that. My retro is on hold but, it is what it is. Glad to hear that y’all keeped the rating but, let sleeping dogs lie.
  4. According to 38 C.F.R. §3.450, “all or any part of the pension, compensation, or emergency officers’ retirement pay payable on account of any veteran may be apportioned.” There are limitations in place to determine when a veteran’s benefit cannot be apportioned. For instance, a veteran’s benefit cannot be apportioned if: The child to which the apportionment is claimed is under 18 and is in active military service. “[…] the total benefit payable to the disabled person does not permit payment of a reasonable amount to any apportionee.” “[…] it has been determined that [the spouse of the veteran] has lived with another person and held herself or himself out opening to the public to be the spouse of such other person, except where such relationship was entered in good faith with a reasonable basis (for example trickery on the part of the veteran) for the spouse believing that the marriage to the veteran was legally terminated.” The child of the veteran has been legally adopted by another person. The spouse of the veteran has been found guilty of conjugal infidelity. So hope that helps answer your question onto why they denied your request. Hopefully, you can negotiate a payment with him by reducing his principal payment set by the court. All child support is negotiable, ask for a mediator form your CS office. Unless he file for SSDI, then they will garnish a percentage of his SSDI. That what happen and is still happening to me, almost done too.
  5. That’s not good, I was stationed there from 97-2000.
  6. I’m on SSDI for PTSD since, 2105. I went through a DRO process and submitted my award but, unfortunately it wasn’t good enough. So hence forth to the BVA in 2016 and VLJ granted my PTSD (2018) along with my SSDI award and IME as bearing more weight than unfavorable C&P exams. I got rated last month %100 for it scheduler, so it can be done. It was grueling 3 yr process but, it worked out in the end. As Doc25 stated, above if your Higher level review comes back to %70, apply for the IU.
  7. I had a issue back 2013 to 2015, took them 18 months send out my C-File. so based on attorney advise, I personally emailed the Secretary of the VA..( Robert McDonald). Then poof in 2 weeks I got it. The New Orleans RO keeped saying they couldn’t find it, I called BS, even with 2 FOIA sealed and delivered to them prior. My suggestion is email the VA Secretary. Usually it takes 6 months, they ( RO) say..wink wink but, it’s whenever they feel like it.
  8. I believe, they only can reduce his percentage once the proposal is final. Once it’s proposed, they give him a certain amount of time to appeal it or respond. I’m pretty certain, they can’t just drop his rating without due process.
  9. Yeah, there is a County VSO office here but, I’ve never used them personally. I did visit with them once a while backfor to get a copy of my recent award due my Ebennies account being locked but, they refused to help me. Hopefully you get good news on the PDA now.
  10. Well, it’s been slow these days in getting paid once a increase or new rating as been issued. Are satisfied with the new SOC on the increases? With a DRO decision it’s usually less than 4 months, even sooner. I’m at 9 months since with a BVA grant and I received my rating on April 9th and the decision narrative was done on April 26. So I’m expecting the unexpected on whenever they decide to finalize my grant. Then add on another month for the new monthly compensation that’s pays me at %100. Back in 2016 I had a partial grant/ denial from DRO decision and it took about a month to get my back pay. I suspect it will be sooner than what your were told.
  11. Just have a plan of action and if he has a VSO, if not then get in touch with one as soon as the decision is made. Then again, he could just remain at that current rate but, I did read his recent exam you posted and the examiner put him in the %50 area but, usually the rater can go up one and keep him at his current rating.
  12. If they propose a reduction, yes your husband can appeal the decision, in which during that time, they will still have to pay at his current rate. Usuaully, once you appeal, these things can drag on for awhile til you get a hearing. A buudy of mine went through a reduction proposal last yr and it took them 16 months just to decide in his favor.
  13. The firm I hired back in 2011 had a good NOVA reputation, of course that was through google reviews, so I sent them a email and their questionnaire. Next day, I got a call back and the attorney ask some questions and decided to take my case. Well, 2 months later, he got canned and a new one took over my case. This time, he was very in depth and we chatted for like an hr as I was sending him my files, denials, and etc through email. I filed for Lower back and PTSD with a VSO, who mainly dealt with Vietnam and Cold War vets. As I’m a OIF Vet but, he wasn’t really interested in what I had to say and presented to him. In the end, he submitted my claim and said, good luck. I figure he had more of a relation to those vets of that time period, than vets of my time period..no big deal. I must admit my attorney literally busted his rear off for me because he was jumping through hoops and submitting this and that, because I always get a copy of what he was requesting or submitting to the RO, then to the BVA. Got a partial grant through DRO ( lower back) %20. In 2016, then off to the BVA for the PTSD appeal. He would call about once a month just to see what’s what with me and the appeal. In the end, I won my case or grant back in September for PTSD and the TDIU was remanded but, the RO rated me %100 scheduler on April 9th. So that kind of even itself out..rather be scheduler than on IU. The firm is based in Florida and I’m in Texas, starts with a B and ends with B..not sure if we are allowed to name firms on this board as the other Veteran Forum, it’s like a monarchy, I used to go to is Forbidden..oh the horror.
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