Flatbroke

Hope this is in the right Forum My attorney just emailed me an article in a news letter he receives. The article is in the "Missouri Lawyers Weekly" issue July 29, 2013. It is about an attorney working Pro Bono for a Missouri Navy veteran (blue water) that had written a letter to his Missouri congressman back in 1983 and which functioned as acclaim. The attorney managed to get the veteran back pay to 1983 for his back. Then with the help of a scientist managed to prove that the plumes from the Mekong River surrounded the Perry and the throat cancer the vet suffered from, was AO connected and in total got the veteran $250,000.00. And remember the attorney was working Pro Bono. The vet got it all. I would include copies from the article but they are awful dark. You might be able to pull the newsletter up and read it online. If this helps one more Vet Good if it helps a whole ship load GREAT. FlatBroke Semper Fi

Thanks all The money hit the bank, now to settle down and enjoy life for a while. Maybe even go fishing.

The brown envelope has arrived. Butchc130 you were correct they dated me back to July of 2011. No money in the bank yet but its coming. They raised my feet to 30% even though I did not ask for that and then said that my claim for IU was moot since I am now rated at 100%. And the verifications on Ebenifits says my disability is considered permanent and I and not scheduled for future examinations. Both our vehicles are thirteen years old. So not a new one but maybe 2008 to 2010 if we can find a decent car and truck (in Missouri a truck is a necessity on the farm). Thanks to all for the advise and help and just reading posts to get info. I filed without a VSO or attorney just from what I got on HADIT.

Thanks all for the support and help along the way. Just checked payment history and nothing yet. I know it will get here but the waiting sometimes is just as hard I think.

Ebenifits says 100% and Peggy hints yes but waiting on Brown Envelope. AB8 letter states back to 12-1-2012 even though my claim was filed May of 2011. Waiting to see what letter says.

Well got my answer today from the Federal Appeals Court and it wernt good. They decided that they, the Appeals Court did not have Jurisdiction to decide my case. So my case was dismissed. Case 12-7136 Document 43-2 dated 5/22/2013 My attorneys said that they are not going to quit unless I want to and I aint quitting. Only three pages so short read. So ticked off I cant see straight. Going to go cool off for awhile.

Berta, Filing in U.S. Federal Court of Appeals in DC on CAVC decision upholding BVA decision. I dont remember "without prejudice" on any SOC. I talked to my attorney last nite and he is arguing another case today but will be on this tomorrow. He did glance on what I copied and sent to him on you CUE win. I sent him the link Broncovet sent and I will send him the info on the SVR radio show and let him listen to it. Thanks very much I hope to win this one. Along with everything else at 1 o'clock this mornung someone tried to sipon gas out of my truck, couldn'y sipon so they put a hole in the tank. Thats when the motion lite went on and we saw it. By the time we could get out there they were gone and gas running out on the ground. We got a bucket and saved about 11 gallons out of about 19. Well now I got to float a another loan to refill the tank after I get it patched.

Thanks Broncovet, I sent this link to my attorney andhe will look into it. I have been away from the computer today and will be often as my mother-in-law has lung cancer that has spread to kidneys, liver, ovaries and other places. She is going down hill and I have to go to madision, Wisconson for my pulmanary doctors and keep up with my wife and mother-in-law. Life is as it is and you can accept it and keep trucking or sit down, curl up into a ball and quit. I choose not to quit and never will and am looking for a big diesel.

Berta, Thats it, my attorneys have been reserching old cases and outcomes, good or bad. Also information I have been sending on from Hadit about cases like mine and others. My attorneys are very happy to get this information. One of the things in the 1995 filing was the VA sent me a letter stating they had requested my files from all the places I had been treated in the VA system. They stated that there was no response and that if there was no response in 30 days they would have to made a decision on what they had. I sent them a NICE? letter and explained to them that the reason that they were remanded in the first place was because they had made decisions without all evidence in front of them. I also stated that if they did not have the medical records in 30 days let me know and I would send them copies because I had them. The St.Louis office did not contact me and made a decision back to the BVA and I heard from the BVA I was denied. As to the the original, the VA had the Military Medical records in thier hot little hands after the first claim in 1970 but in writing said that they did not have my records when the first decision was made but the evidence "typed in and wrote in by the physican" that I had spondilisis would not change the raters decision. II've said enough for now any questions you can send me an email. Flatbroke That there was not a benifet of the doubt in this point. Except after the IMO by my DR in 2004 the hearing judge stated the preponderance of evedince gave me the benifet of the doubt according to my MILITARY MEDICAL records and VA medical records. If that was true in 2004 the why not in 1970 when all the VA did was xray, exam and decided I had no claim? My attorneys are in contact with an attorney that has a lot of experiance with VA claims and he said my case looked very good. My case is going to be at the U.S. Federal Court of Appeals in Washington, D.C. on May 8th.

Broncovet, I just called my attorney and left him a message about item 3 and then looked at it myself. HOTDOGS looks like something my attorneys can use.

Carlie, I sent to my attorney yesterday afternoon the info on 38CFR 3.156 c. He was checking his emails after supper last night and said he would check into it this morning. He is a junior partner and working with my attorney (a senior partner) that has been on my case since 1995 and is realy getting into this. He is real eager and from what I have seen he is a real go getter and every time I or someone from Hadit notes something I email him. I got him checking out the forums on Hadit and he thinks what the veterns are doing for each other is great. As to the date that the awarded me in 2001 they said that was when I refiled. That is after they had said my filing in april 1970 and refiling with new evidence (which we realy had to fight for ) in 1995 was not acceptable for what ever reason. My attorneys have all the copies of my c-file I do know in 2001 I saw my c files at the RO in ST Louis and both folders were 4 inches thick and they were working on the next one. If they would just give us what we deserve and not keep screwing us around we would have three new forests. Flatbroke (Chuck)

Thanks I will let my attorneys know Flatbroke

Berta, The hearing is not until May 8th and my attorneys requested an oral argument when we filed a NOD against the CAVC's decision. Its down as Chastain vs Shinseki case # 10-1523 Bronco, As I said this is the first case my attorneys have handled for vets. I will point out 38 CFR 3.56. The fact is my records were never lost, they never REQUESTED them in the first place. And like I said The BVA and then the CAVC stated that my military medical records were not in front onn them when the decision was make.

John, The CAVC just upheld the BVA's denial. THe CAVC never admitted to a CUE. And never mention point blank that the VA addmitted to not having my military medical records when the VA made thier original decision. The VA lawyers involved with the NOD going to the US Court of Appeals, said that the fact that the VA did not have my records did not prove the third leg of a CUE . So the first two legs of a CUE I presume were proved. The attorneys also said that even if the records were there there was not " a benit of doubt" in my favor and that no reasonable person would made a decision in my favor. This even though the exiting doctor not only typed it in he also hand wrote that I had spondilis. But the attorneys said that would not reverse the VA's decision. BULL There will be three judges and each side is presenting a fifteen minute oral argument. This is the only case my attorneys have handled for a vetern but two of them at the start were JAG officers. They got pretty upset when they realized how the VA was treating the veterans and have handled my case Pro Bono. We started in 1995 and they have said they will not give up. They helped me to get my first SC disabality and said that only an idoit would not see that I was effective at the start but I reminded them its the VA. LOL

This Might be a little long and I will apoligize now KDM's post prompeted this post and I am trying not to interfere with his. My attorneys, which have been handeling my appeal since 1995, have finally got to an appeal to the Federal Court of Appeals in D.C. After being denied for at first lower back SC due to lifting 94 lb rounds while serving in Nam on a M109 Howitzer, my attorneys finally helped me to get 20% in 2004 but the VA only backed up to 2001. We filled a NOD within 2 months for an EED. The BVA finally denied me EED even though in thier denial they state the the orginal decision was based only on the VA's exam and xray. They furthur stated that they did not have my MILITARY MEDICAL RECORDS in front of them, where on my exit exam the Doctor stated I had Spina Bifida (from birth), but had Spondilicis & Spondalosis. Which is a natural occur in people with Spina Bifida. But this does occur in a time span of 20 to 30 years, not 13 months! After the BVA denied me an EED my attorney filed a NOD again even stating that the VA and the BVA stated the VA did not have my military medical redords in from of them. Suprise the CVAC upheld the BVA's decision and denied me an EED of April 1970 for my back , (which was within one month of discharge) so we filled another NOD to the US Federal Appeals Court in D.C. We filed 1/10/2013 and after the VA's attorneys says the Federal Appels Court did not have jurisdiction to hear my case the Court set a date of May 8, 2013. Man was I floored from Jan to April to set a date, sh** if the VA moved that fast there would be no backlog. Berta, Carlie, John and a few others I know you want to know the case number. So with out further adu ( I think you can see I am happy) the number is 12-7136 Federal Court of Appeals. I hope this sets a presadence (spelling) that can help others get thiers. So as I casualy wait for a decision, BULL I am already climbing the walls I just got to remember to take my Oxygen with. Later Brothers and Sisters

Celia, Can you tell me where you saw about lung diseases. I have IPF and am fighting them now. Flatbroke

When I went to the St. Louis RO for a video conferance on my appeal for EED. Basicly we were treated good by the staff working there and they answered questions that were asked about the conferance as far as they could. The guards (rent a cop?) found a pair of sissores that my wife has in her purse (1 1/2 inches long) and said that she could not bring them in. So she asked if she could throw them in the trash can and was told no! My attorney told her to give them to him and he walked out to his car and put them in the trunk. Then the guard let us in. As I said the staff there treated us fair but the Judge at the video hearing was not very understanding or polite at all. But he was in Washington so what do you expect. When I went for my hearing the get my disabality the the hearing officer was polite, fair, and listened to me, my wife and my attorneys before he told me I won my case and got my SC on my back. The only thing we disagreed on was the effective date and that was the reason for the video conferance. On the St. Louis RO I had an overall experance that was average to above average.

It says between 1.3% and 1.7% are they going to use VA math and round that down to 0.0%?

My neighbor was over yesterday and we made copies of his decision letter. Columbia and Popular Bluff said if he filed within 30 days he would be eligable for back travel pay. He made copies and sent them off registered mail. Its getting better and better. got to love it when a plan comes together

Other than the free games on POGO, this is the only site I am on. After I found HADIT and lurked for awhile I realized that 99.97% of the VETERANS & thier spouses are here to help other veterans. The other.03% I just dont know. This site has helped me to get to 93.2% (90) and will help me to get to 100% with all the advise I have seen and been given. I have had my toes stepped on enough times and I always try to stop and think before I say or print something that might hurt some one else. Thanks for the words of wisdom Carlie, Tbird, and all the others .

He has been turned down for throat cancer (he is fighting that). He wants to know can he get back pay for all the travel he did to Popular Bluff and Columbia back to when they rated him (2008). We are about dead center between them but Columbia is vastly better. He has already got glasses and hearing aids before he got over 30%. He is 60% right now and they only rated him 10% for his heart even though he has had a heart attack and some surgery. When are they going to get the idea it is hard to get rid of him? He was on the gun boats up and down the river and saw some crap. He is damn tickeled, he paid off all his bills, fixed fences, gave his better half some spending money, and now the only payment he has is his farm. He had stopped drinking and faced his PTSD and he and his wife were getting along better and now the bonus.

My neighboor pulled into my driveway, got out of his truck with a smile that was bigger than ear to ear with a big double thumbs up, the money was in the bank and more than we figured by a little bit and he was very happy. Now to fill the form for spouse and NOD his 10% on his heart ( even though he has had open heart surgery) and he has got into the correct mode and is progressing FORWARD. Flatbroke We help our fellow Vets and friends not out of hatred for the way were treated but because they deserve what we were promised.

After two years of pushing my neighbor and him filling the right form and evidence (thanks to the info here on Hadit) he is awarded 50% PTSD back to 2008 and 10% on his heart (filing a NOD needs to be 50%)before adding spouse we figured abour 40K and after spouse additional 5K. He needs it very much to help him get out of financial distress. Also he has had throat cancer which he is still working on. I am real happy for him and he is tickeled to death this part is over and understands you cant quit or walk away in distgust.

After your attorney and the VA submitt thier briefs, it goes to the Judge. Then he or she reads the brief, all evidence submitted and makes a decision. If the decision goes against you, and you and you attorney believe that you have a good case you can appeal to the FEDERAL APPEALS COURT just like my attorney is in the process of doing. Don't miss any deadlines John999 if your attorney needs more time apply for an extension right away. Flatbroke

Where do you locate the estimate dates ?????