Foxhound6

For us, this is a given...He does work with the DAV already in a small capacity outside his normal work, but he intends to try and do more within the DAV, possibly help in some way with claims in addition...but they also wanted to thank all of you.

Just wanted to share this with everyone as I prefer to give credit where it is truly due: After I won my recent claim, with this forums help for my mental health my brother-in-law, an Air Force vet, began to look at his mental health more seriously. With guidance I received via these forums, I helped by advising him on how to develop his claim and he submitted everything on Jul 1 2020. Today, he received a lump sum deposit from VA. Upon later review of his VA.gov account, it had been updated to reflect his mental health as secondary to his current back claim and was awarded 70%. Bringing

Hopefully I did not come across as this..lol I am just not a fan of being shut out of comms, especially when I need to know something important, such as, do I sent certain documents to them or just submit for them when it is time sensitive? I'm not calling to ask them what about this or that, I'll discover all of that once I get letters. Not so much about hand holding for me. Never had an attorney before.

@broncovetI see what you did there You're right, we should post it again, and bold. Going thru mine now and I may end up wishing I went to the BVA to begin with. Time will tell. Keep fighting @shrekthetank1

I understand. However, I do know that the HLR cannot reduce rating just based on a difference of opinion. They can only reduce that rating if there was a CUE on the claim that would have been rated differently otherwise. So, while I am not too worried about that per se, I do have that fear in the back of my mind that they find a bone headed error that helped me get my rating and then they could change that based on CUE.

Called the Peggy line. My HLR is in decision phase now so we will soon learn what the verdict is on this thread and my other one. Crossing fingers...

@broncovet Thank you for that. Yeah, this is my first time going with an attorney and its been more different than I thought. Not being included in whats happening with that claim is just something I have not gotten used to yet. I understand. I am being patient with them. I don't call much either, so I don't bug them per se, I am very respectful and cordial. However, one issue I worry about is that I had an exam request canceled by the VA, per them, for my IU claim but I have VES calling for an appointment. The item requested are just telling me to get my previous employer form done an

Congrats! Im thankful you shared that info. I have an attorney now, Rep for Vets out of Florida, Harry Binder. I am wondering if maybe he found all that when he reviewed my case. Im praying he did anyway LOL. That would be a welcomed surprise for me and my family right about now... If he did catch it, he will have earned his 20% in my book. UPDATE: I called Peggy this morning (10/2) and my HLR is in the decision phase so perhaps we all will know soon enough.

Sorry, wasn't sure how to phrase it to start. Essentially, I won my MH claim not long ago (2019). Got attorney to help me finish my back/neck claim and do IU. They filed an HLR for my denied back/neck claim as well as my recently won MH claim (they did not help me with that claim at all). This is related to my series of posts about my C&P exam I found and you have been commenting on. EED is now a contention I have for my MH claim. It is entirely likely my attorney picked up on it as well and just rolled with it. I could just be late to that party lol. Im just trying to ascertain why t

So anyone who utilizes an attorney or VSO might be able to chime in here. I am curious as to the benefit or reason you would HLR a claim that was won? Quality assurance (LOL)? Do HLR usually require a contention of something to file it?

Thanks @pacmanx1for that link. That website is great. Wish I would have found it during my reading LOL. So this here will all help me argue this to BVA if it comes to that. I still will need to wait on my CFile but I feel this would have been the most difficult part to deal with. Waiting on my file is cake. Basically, Im reading that the 2013 exam I found should serve as the date of received informal claim and would serve as my EED. There was a bit in there that was discussing an exception of this which Ill quote here: This is where it will get rocky. I do not ever recall get

4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a)) also helpful Pacman! This is also my point as well. Although, as you said it no longer is arou

This is what I feel I have been driving at!! Thanks @pacmanx1 I'm positive this was ratable then based on that old C&P. If nothing else, it should have been a NSC disability that I could have appealed back then.

This makes sense. I guess once I get my CFile, I just need to see if they fully adjudicate it (final decision) or if it just got forgotten. Then i can see what my next step might be

Understood. Ill have to go back and look at the point made in the article i read regarding how they did things prior to 2015. Its more to do with the follow thru itself rather than the initiation or appeal. It had something to do with the way formal and informal claims were being done at that time. Thank you for the clarification, I don’t want to inadvertently give bad info!