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Flatbroke

First Class Petty Officer
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Everything posted by Flatbroke

  1. 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, w
  2. Thanks all The money hit the bank, now to settle down and enjoy life for a while. Maybe even go fishing.
  3. 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
  4. 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.
  5. 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.
  6. 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.
  7. 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
  8. 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.
  9. 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
  10. 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.
  11. 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 awar
  12. 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.
  13. 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 decis
  14. 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 orgi
  15. Flatbroke

    Ao Review

    Celia, Can you tell me where you saw about lung diseases. I have IPF and am fighting them now. Flatbroke
  16. 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
  17. It says between 1.3% and 1.7% are they going to use VA math and round that down to 0.0%?
  18. 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
  19. 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 .
  20. 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 ti
  21. 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.
  22. 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.
  23. 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
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