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UpToHere

Seaman
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About UpToHere

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    E-3 Seaman
  1. Apologies for being so thick. Now I get it (I think): There is no way anyone can "appeal" even a flawed VA decision of ineligibility for consideration for equitable relief, i.e., a VA decision that rests on reasons and bases that are contradicted by the record. What I gather I can do, however, is submit a new petition for equitable relief over the administrative error(s) that led VA to determine that my original petition for consideration for equitable relief lacked merit. Thank you.
  2. Thank you. I readily accept your point that only the Secretary can award equitable relief, but need help understanding your point, "[the denial decision] of a petition for equitable relief may not be appealed": Do you mean that the usual appeal path veterans take to dispute an adverse VA disability benefits decision, is a path veterans are barred from taking to dispute an adverse VA determination of eligibility for equitable relief?, or Do you mean that if VA sets out reasons and bases for denying a veteran's eligibility for equitable relief, and those reasons and bases do not accord with the record, there's nothing a veteran can do about it?
  3. Thank you. BVA is not an option. I don't have the years left to pursue it, nor the patience - this all started 15 years ago. "EED" appears nowhere in my petition. VA's denial decision last month, on my second petition for equitable relief "put words in my mouth" (a lot of them!) to misrepresent my petition. VA then found its version of my petition to be without merit. So, full circle: Given the above, and given that VA never addressed 1 of the 3 bases I set out in my mid-2016 petition for eligibility for equitable relief, then never addressed that basis when I set it out as the sole basis for eligibility in my mid-2017 petition: Any thoughts out there on what my next step might be?
  4. Thank you. I appealed for an earlier effective date to BVA, and was denied.
  5. Thank you. But, no, I'm not trying to get an earlier effective date. If I understand Case 13 in the 2002 CY 503(c) report correctly, the statutory bar to an earlier effective date is no bar to equitable relief to recover benefits lost through VA error. 2002EqRelGrants.pdf
  6. Thank you. Understandable that Berta doesn't accept private emails. Do you, or have you been burned, too?
  7. Thank you. I gave both my petitions to my congressman's aide to transmit to VA, the first in mid-2016, the second, in mid-2017. Regarding my first petition, Compensation Service addressed the denial to my congressman, Simultaneously, a VBA employee told me over the phone that my petition had been denied; that there was no way to appeal the denial; but that I could submit a new (second) petition, on the basis.that Compensation Service had overlooked(?) in my original (first) petition. I submitted a second petition, on the basis in my first petition that Compensation Service had overlooked(?). The director of my local VAMC wrote my congressman that my second petition had been denied. The local VAMC director also overlooked(?) the sole basis of my second petition. In March 2018, through my congressman, I got a meeting with the local VBA head, who stated what I was trying to get via equitable relief was, essentially, an earlier effective date of claim, which I couldn't do. I cited the CY2002 503(c) report, case 13. Last month, Compensation Service wrote me directly, with a new denial. Nowhere did it mention the single basis of my second petition.
  8. Berta remarked: “But Broncovet is right-we have no idea of what your petition is for and why it was denied- “Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.)” (No offense to anyone else intended): Is there a way to transmit them to you (Berta), alone? Thank you.
  9. Thank you. The VBA congretional liason who called me about the denial, told me I could’t “appeal” the denial. He added,however, that I could submit a new petition. I submitted a new petition (my second), on the basis of “A,” the basis that Compensation Service didn’t address in their (first) denial decision. The director of the local VAMC then wrote my congressman about my second petition, to repeat that bases “B” and “C” didn’t establish eligibility for equitable relief. Heowever, he, too, didn't say a word about basis “A.” Through my congressman, I asked Compensation Service, “What about basis “A”? Compensation Service “answered” last month, with a third, much lengthier denial. In all that additional length, Compensation Serrvice still didn’t say a word about basis “A.”
  10. Thank you. No, no court involved. I wrote the petitions myself, my congressman trasmitted them to VA.
  11. Two years ago, I petitioned for equitable relief, on the bases of "A," "B," and "C." Compensation Service denied my petition, on the grounds that "B" and "C" did not establish eligibility, but said nothing about "A." One year ago, I petitioned for equitable relief again, but only on the basis of "A." Last month, VA issued a new denial decision, again on the grounds that "B" and "C" did not establish eligibility, and again said nothing about "A." Any thoughts out there on what my next step might be? Thanks.
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