J McB

Jeff@NoCO... I don't think you qualify as an "Elder"...lol...

I have that version from C Attig website, but I thought it was updated recently but thanks. I just want to read it so I'm in the know... I put a note under my profile just as an FYI to you "Elders"...lol... that I have read 38CFR, Parts III & IV and many, but surely not enough, case law. Appreciate everyone's replies. JMcB

Easy question Does anyone have a current PDF of the M21 manual. Google doesn't seem to have it ;/. J McB

Ok, so I started requesting copies of my c-file in 2013 or 2014 after filing to re-open my 1993 claim in August 2013. My repeated requests went unanswered, and I ended up having to make a Congressional Inquiry through Senator's office to get a copy.... and now I request a copy every time the VA makes a decision (via Congressional inquiry). Here's what I've figured out and what I'm not sure how to deal with, and a question about c-file contents. 1. I have, I think, 4 or 5 CD's of my c-file. I received the first Spring of 2015! . The problem is that documents that were in the c-file CD that I received in 2015 aren't in the one I received in April (2019)... Documents that were in my c-file CD from last summer (2018) aren't in the one I received in April (2019)... Anyone have an explanation for that? 2. Alternatively, I cannot figure out why Congressional Inquiries correspondence that was made while I was still active and the 4 years after aren't in my USAF/VA? ... Yes!, (and again to the dismay of the VA) I do have hard copies of that Congressional Inquiry correspondence... Granted, as one of my previous "Question to the Elders" noted, I have had to find friends and my ex to write letters attesting to my filing a claim and seeing a VA doctor in 1993 because the VA has lost the files, so it doesn't surprise me that the VA sucks at filing documents in c-files. However, in the April 2019 copy I received, I noticed they seem to have "piecemealed" what letters/correspondence from the Senator's office, who is my intermediary for the VA, is copied into my c-file... Anyone have an explanation/solution for that? Granted I have all the correspondence to/from the Senator's office and the VA, but it makes me wonder what they've sent to the BVA... 3. Is there an option for me to view what is on VBMS? I ask this question because the c-file I received summer 2017 included a "Rating Decision" page which I never received from the VA and at the bottom of the page I noticed a note that read, "VSR: Please see the deferred issue in VBMS as to the "appeal" noted on the VA Form 21-4138 (dated August 1, 2016) with attachments and tabbed in VBMS documents. Veteran notes the appeal regards "an earlier effective date as to the service connected conditions." The Veteran's "appeal" received on August 2, 2016, should be addressed by the Appeals team." There was no appeal filed at that time. The Form 21-4138 they reference makes clear the documentation I was submitting was being submitted in support of my 2016 claim, which the VA closed. I have since requested the VA correct their error and attach the document to my NOD, and now to BVA appeal. But this makes me wonder what other *&^% ups they've made that I can't see in VBMS? I went to the D.C. VARO office last week and the dude who is working at the front desk said I can't access/view VBMS... No, I do not have a VSO... haven't had a good experience...they don't seem to have read 38CFR, know or keep up on case law, and only seem to know 'surface' information... (i.e. File such and such on this form). Thoughts? J McB

All, So I've gotten conflicting information from two different VSOs...go figure. When is the deadline for submitting additional evidence in support of your appeal(s) to the BVA; 90-days from when you file your Form 9, or 90-days from when receive letter from BVA certifying your appeal? I did request a (video-conference) hearing. NOTE: My claims/appeals are under Legacy Appeals. I opted out of RAMP. I filed NOD I received SOC I filed appeal/Form 9 with BVA. JMcB

Hi. My claims/appeals are under Legacy Appeals. I did not opt-in, and in fact oped-out, of RAMP.

Ok, brace yourselves. The VARO who decided my NOD wrote in response to my Senator's WTF inquiry asking why they didn't consider any of the evidence I submitted in support of my NOD that they did not consider any of the evidence... In fact, they claimed in response to his letter, which had attached to it the confirmation emails from the VA to his office of each and every document his office sent to the VA, but I kid you not, they claimed, in writing, the documents weren't received until after the NOD was decided... In his are you really that *&%g stupid follow-up letter, they then said they would process SSOC which I adamantly said *&^% no to, and filed SOC appeal. These are the same people who claimed, in writing, that the reason they didn't process my secondary/residuals claims is because "symptoms are residuals" - so you know, had to break down the difference/definitions of symptoms and residuals in SOC appeal. No, really not joking. Question, in light of the VARO acknowledging, in writing, that they did not consider any of the evidence I submitted in support of my NOD, do you think of I can use that under 38 U.S.C. § 7107(1)(C) for other sufficient cause shown for violation of due process to request my appeal be expedited?

Note: My claim(s) are under Legacy Appeals I received a Rating Decision where the VA acknowledges CUE, though I didn't claim CUE, but the decision admits CUE... I did write in my NOD supporting statement, "NYCRO committed unmistakable egregious errors when they closed my 2016 claims," but nothing about claiming 'Clear and Unmistakable Error(s)'. So then, I'm feeling like this CUE claim by the VA is some...thing they've done to put a halt on that component of my claim...which is retroactive for TDIU... In my SOC appeal I took the route of "I dunno" lay person filing appeal and posed the question under footnote noting something along the lines that 38CFR doesn't say (or least I couldn't find anything) about a CUE itself being a CUE... Questions, 1. I didn't claim CUE but the VA did, how do I respond accordingly? 2. Are they trying to put the kabash/narrow my options for their not processing TDIU retroactive?

Ok. I don't even have it in me to explain the ... I've lost track ... and had to calculate ... 26 year war...but I'm winning the battles and I didn't file to re-open my 1993 claim until 2013, so here I am...at 100% TDIU...something I should have fought for 20 years ago...coulda/shoulda/woulda... but to the dismay of the VA, I have a brain and can read... and I did work at 4 law firms (part-time) when I was going to go to law school before I decided not to. Sorry, I digress because I'm a bit off kilter because my face is screaming at me (https://en.wikipedia.org/wiki/Trigeminal_neuralgia). So, I have some questions that I'm going to ask one at time because brain MRIs say that's what works best...and I've (hopefully, only temporarily) burnt out my go-to HadIt Elder. I'm at BVA level...yay!...lol. Alright, first question. I saw a VA doctor and filed a claim in 1993. VA claims they don't have the records. Actually, VA just glazed over, including a conversation I had with a DRO, where I specifically pointed to 21-4128 I submitted in 2013 requesting my claim processed retroactive to 1993. Funny that form, a date-stamped copy of which is currently pinned to my VA claim battle board, is not in my c-file. They just decided to not even acknowledge that Part I of my NOD was retroactive to 1993... Anyway, since my ex witnessed my filing the claim and being in the exam room with me and the VA doctor, I reached out to my ex and ask him to write a letter of what he remembered, and he wrote a letter (notarized) attesting to having witnessed my filing the claim and seeing the VA doctor. So, now we're at 1:1 or rather 2:1 if I count. The VA says they don't have record of my seeing a VA doctor; my ex says yes she did and I was there, so 1:1, 50:50...who wins? Last week I was talking to a VA attorney because I've reached the point where I don't feel well enough to battle the war pro se any longer, and she said that friends who remember us talking about my going to the VA way back then can write buddy/lay statements... This was an awesome little discovery considering I was stationed with one of them, so she knows everything from day 1... So here's my question, how do I ask them to write a letter about what they remember without 'planting' memories? For my ex it what easy, Hey, can you write a letter about what you remember when we went to the VA when we got out? These are friends, there are four of them, that I've known for a long-time and we've talked a lot about issues with the VA over the years, but I'd need for them to narrow down their memory to that particular event and I'm not sure how to do that without creating the memory for them... Make since? Suggestions?

All, So I've gotten conflicting information from two different VSOs...go figure. When is the deadline for submitting additional evidence in support of your appeal(s) to the BVA; 90-days from when you file your Form 9, or 90-days from when receive letter from BVA certifying your appeal? NOTE: My claims/appeals are under Legacy Appeals. I opted out of RAMP. I filed NOD I received SOC I filed appeal/Form 9 with BVA. JMcB

Where did you get this list from?