[Updated Timelines]

@Berta Sent email to Lawyer about CUE.  We may have discussed it in the past but my original claim in 2005 has the same disabilities that I had claimed in 2013 and was granted 50% SC.  I'm also going to look into Writ of Mandamus.  Would have to find an Attorney that would do it on contingency basis.  I will update as soon as I talk with the Lawyer.  Right now, I've sent in new evidence to raise Asthma 10% within the last month.  DRO would have to send a SSOC before Certifying my Appeal.  This will no doubt cost me more wait time but I want my case Rated correctly and I'm willing to wait them out.

I really appreciate the guidance and for allowing me here to interact with all of the other Vets.  Thank you!

[Updated Timelines]

3 hours ago, vetquest said:

Hello @Indy_CV62_OS, you will find that people here are very honest about the VA.  It is a mess and veterans are not treated fairly all of the time.  That said I hope you can gain some knowledge here in fighting your case.  I have been to the BVA three times but have never gone to the CVA.  Some members have.  Good luck and God bless.

Semper Fi Vetquest...Thank you for that.  It looks like I belong here because of Berta being a Whistleblower and her experience with the VA.  Look...I believe that most of the rank and file VA employees want to do the right thing.  As I've seen in other places: Grant if you can, deny if you must.  It's the leadership and the relocation expenses and bonuses.  We EARNED the benefits.

[Updated Timelines]

1 hour ago, Berta said:

If a veteran gets denied in the past, and than subsequently is awarded for the exact same thing-they should consider that the older decision might contain a clear and unmistakable error: (CUE)

This claim in the link shows what I mean:

https://community.hadit.com/topic/73840-3156-va-error-cue-instead-1992-eed/

Others have used 38 CFR 3.156 for better EEDs.

 

 

Hi Berta...

Nice to meet you and I'm hoping to stick around.  I talked to my Lawyer about CUE and he had felt that in 2005, I was missing the Nexus, even though I had a letter from the VA Psychiatrist in Phila. that connected my Panic/Anxiety Disorder to the collapsed lungs I had during Active Duty.  Perhaps I may seek out another Legal opinion.  Actually, I was Disabled coming out with a Medical Review Board that spelled everything out, nice and clean.  In hindsight, I should have followed through with the claim, however, I wanted to get the hell away from all of it.  BTW, I have Radio experience if it's ever needed.

[Appealing start date]

On 4/18/2019 at 11:00 PM, Wanderer said:

I understand your reasoning but I don't want to give up 33% of the lump sum. That could be over $100 grand. I know my shaky cognitive abilities has me asking many questions. But I'm good at this stuff, I have won a settlement previously without a lawyer.

Could I hire an attorney or legal expert who could assist while I still handle the tasks?

It's actually 20%.  That is the fee agreement I have with my Attorney.  If you do find a Trial Attorney and file Writ of Mandamus, then you're looking at a 3rd probably on contingency.  You have to look at it and decide that there was a definite CUE.  As the others have said...Use a Lawyer!  Good luck

[Updated Timelines]

Not necessarily a question but this is my first post here.  Let's begin with my timeline so far:

2005: Initial Claim
2006: Denied
2007: Reconsideration Denied....I gave up
Aug 2013: Submit new claim
2014: Denied; Filed NOD got SSOC
Feb 2016: DRO Hearing; Phila.
Sep 2017: Granted 60% Combined...Filed NOD
Nov 2017: Filed Form 9

The average time to get an Appeal Certified is about 623 days or about 1 year and 9 months
The average time to get a Hearing from Certification is 519 days or about 1 year and 5 months
The time it takes to reach completion of Legacy Appeal Process is 683 days or about 5 to 6 months after the Hearing

As of this post, the average number of decisions dispatched per week is 1729

I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers.  I do not yet know what kind of Forum this is.  From the forum I used to belong to, you could get your pee pee slapped for even hinting at problems at VA.  I'm very thorough with my research and I hold nothing back.  I'm extremely passionate about the abuses to Veterans and I will always call a spade. a spade.  I am apolitical; I have no horse in that game and I was taught very well by George Carlin since the mid 1970's.  If this will be a problem here, just tell me and I will leave.

Ray