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blahsaysme2u last won the day on September 4 2020

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About blahsaysme2u

  • Birthday 08/27/1984

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  1. no i get that- but wouldnt the same apply to wife if she used chap 35? i dunno just seemed logical to me that would apply to them too but glad it doesnt. wife wants to go back to school so this is good info
  2. Mine was doing every year until this Covid crap. i just got my first exam...scheduled for follow up next year...go to dentist next week for first time...so excited
  3. for those in virginia- also a program for dependents if you are 90% or p&t. it pays a stipend if you are 100% p&t https://www.dvs.virginia.gov/education-employment/virginia-military-survivors-and-dependents-education-program-2-2-2 did your wife have to be removed too? or just children?
  4. i have also found this to be the case. makes sense- they know what we are going through usually bc they are or have had claims themselves i hope this thread stays active so we can get a better picture of if this works or not. @McRay maybe try calling again and see if you get a difference response....or even asking for a supervisor often helps to get the correct info- or at least something other than a script.
  5. well i tried something lil more out of process....i found a website: https://www.contactmypolitician.com/ i sent my letters to my representatives and also to the Secretary of Veterans Affairs. i just got a response from Denis Richard McDonough saying my letter was forwarded to the VARO and will get a response within 7 days regarding section C!!! who knows what they will say but this will help me in my supplemental claim to know what arguments they are trying to use to fight it if they actually address it like i asked. keep ya posted!
  6. if anyone uses this, please come back and let us know results...i plan to next time i HAVE to call Peggy..until then i dont call till i need to bc it stresses me out so much
  7. exactly! i saw some figures that showed its basically like 50-60k salary once taxes are taken out. makes a HUGE difference in my life. of course i am not TDUI but scheduler, but i think the point stands...now COLA is another conversation all together...how many families can survive on just 50-60k salaries a year? most places thats considered poverty levels(not severe poverty like 15-25k but still lower than medium income)... just a thought
  8. @pacmanx1 no i totally get that. i have started a claim already as well. its just frustrating that the VA can and does file a CUE on itself and correct itself all the time. i personally had the VA review previously denied claims without me filing a claim- they just did it themselves...and although it was most likely due to service records being found, the idea that they can do this without any action from me gives me hope. as others have stated, pointing out the error to them and exhausting all other paths can be more favorable should i end up at the VBA- showing the judge "look i tried to get them to rate this correctly many times before i appealed and they refused" is my thinking here. i know that is the ineviable end to my road(AT THE VBA) i am just hoping i reach my goal before i reach that end of the road/line/rope! so with all that being said- i appreciate your advice here and encouragement! and i hope others might have some info that can help. i did find an upload documents thing i posted on another thread and submitted my letter there too. do you have any comments on what i wrote? does this sound like a good flow and argument? i want to submit this ( and maybe elaborate some with some case law examples) to submit with my supplemental claim but dunno if i should or just leave as is.
  9. funny how its been part of the system for so long and i never even knew it existed. i hope my documents get sent and someone reads them...we shall see
  10. JUST FOUND THIS! will be helpful for me instead on relying on the IRIS to forward my letters/emails to the VARO, i just submitted directly to them. first time using- anyone have any luck with this? https://eauth.va.gov/accessva/?cspSelectFor=dmhs
  11. here is the email i sent the director of the Roanoke RO as follow-up. i plan on using this same wording on form vba-21-4138. i have already submitted a supplemental claim but i hope this gets resolved sooner and i can withdraw that claim(if the VARO will review and fix the error on their own-haha yeah right!) Good Afternoon, I am writing to follow-up on my email from Jun 8,2021. In this email I explained my disagreement in the Earliest Effective Date given on decision letter dated 4/20/2021 by the Roanoke Regional Office after reward was granted for OSA by the VBA decision dated 4/19/2021. New evidence was provided (Post Deployment Exam) showing NEXUS to service. This new evidence was specifically pointed out in the VBA decision by Judge Cynthia M. Bruce when she stated: An August 2008 sleep study shows the Veteran was diagnosed with sleep apnea. The study report noted that snoring and snorting were observed as the Veteran slept. An August 2008 Post-Deployment Health Assessment report shows the Veteran reported having problems with sleeping and feeling tired. The examining physician noted that the Veteran was getting help for sleep apnea... In addition to the August 2008 medical records discussed above, current VA medical records show the Veteran requires the use of a continuous positive airway pressure(CPAP) machine for his sleep apnea. This specifically notes that the Post-Deployment Health Assessment that was submitted, was used as probative weigh in determining service connection. This evidence was not in the record previously, as all previous denials show Service Treatment Records and Service Personnel Records were obtained from February 2007 through June 2007 and from July 2007 through May 2008. This Post-Deployment Health Assessment was done in MEDPROs August 17, 2008. And although it was part of Veterans record, it was not obtained by previous VARO raters. IN ACCORDANCE WITH 38 CFR § 3.156 SECTION C, THIS "NEW" EVIDENCE EXISTED AT THE TIME THE VA MADE ITS DECISION IN 2008, BUT SIMPLY DID NOT ASSOCIATE IT WITH THE CLAIM.REGULATION STATES THAT WHEN THIS TYPE OF “NEW” EVIDENCE LEADS TO A GRANT OF SERVICE CONNECTION, AND SUPPORTS THE ASSIGNMENT OF A RATING, “A RETROACTIVE EVALUATION WILL BE ASSIGNED.” This provides that the EED of 5/24/2008 should have been applied with regard to 4/23/2008 being the date of the original claim (38 U.S. Code § 5110 (b)(1) and discharge date being 5/23/2008 from active duty). I am not disagreeing with the VBA decision of Service Connection, but the EED rating decision provided by the VARO. I am asking the Roanoke VARO to review this decision, and give them an opportunity to correct this mistake. I appreciate your assistance in this matter. I intend to use all legal means to obtain this effective date, to include, but not limited to appellate review, filing CUE, writ of mandamus, etc.
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