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pacmanx1

Senior Chief Petty Officer
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pacmanx1 last won the day on July 8

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About pacmanx1

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  1. My apologies, I am referring to an already granted remand being implemented by the local VARO. There is no hardship that could be claimed. I am referring to my claim that was granted last year and pending decision. My claim has already been reviewed and granted by BVA. I am just interested in if I disagree with the local VARO decision, is there a time frame for the BVA to review and make a new decision?
  2. After the local VARO implements the BVA remand and the veteran disagrees with their decision, does anyone know of the time frame or is there a time frame that BVA has to complete the claim?
  3. Well to put the final nail in the coffin, if you are not already getting SSDI, you might as well apply for it. SSDI would be a little more income for you and your family.
  4. Phased Reopening of National Personnel Records Center (NPRC) in St. Louis Due to the COVID-19 pandemic, the NPRC was closed from March 23 through June 23, 2020. While it was closed, a limited number of essential staff continued to report on-site each day to service urgent requests, such as those involving homeless veterans in need of shelter, medical emergencies, and funerals for deceased veterans. On June 24th, the NPRC entered into Phase One of a gradual reopening. To ensure the safety of its workforce, social distancing measures have been instituted which limit its operating capacity to only ten percent of its normal staffing level. Despite the low staffing levels, its operations have been disrupted on multiple occasions due to exposures of staff. As the pandemic continues to spread in the local community, additional disruptions are expected. In Phase One, the NPRC is continuing to service the emergency requests described above, and will soon expand its service to include time-sensitive requests from veterans for records needed to secure VA home loan guarantees and employment opportunities. The NPRC will also resume servicing routine requests from the Department of Veterans Affairs (VA) for the temporary loan of original records needed by the VA to adjudicate veterans’ benefit claims. These expanded services are planned to begin on August 3, 2020. https://www.archives.gov/veterans/military-service-records-0
  5. CapnHaddock and Fat, I would say that VA will fight just about any claim for an EED. Even a claim form 80% to 90% to 100% over a years' time will result in quite a substantial retro payment. In some cases the rater didn't read enough evidence and in some cases the rater ignored the evidence. The veteran must decide to challenge the effective date or let sleeping dogs lie. The thing would really be for the veteran to decide to fight the rating decision within one year because after a years' time the criteria for filing a CUE Claim is a lot harder to win and will take a lot longer. Some veterans are afraid of losing their benefits (which is not possible if their symptoms remain the same) and VA is very aware of that. VA has tried in the past to reduce veterans ratings when veterans file for increases and or corrected EED but the BVA has reverse those decisions and stooped those reductions.
  6. You can ask VA to audit your most recent claim or you can ask VA for a partial copy of your c-file. A lot of veterans have copies of their C-files but what some veterans don't get is that the C-file is a living creature. It constantly grows by absorbing medical documents and filing claims request. If a veteran filed and received a copy of his/her C-file around 2010 and continued to file claims and now that it is 2020, there would be more documents in the claims folder from 2010 to 2020 that the veteran could request.
  7. I would say the normal wait time is three to six months but due to COVID-19 there is no projected wait time period.
  8. I would not think that you could file for compensation but more of reimbursement. Contact your local VAMC business office because they deal with VAMC travel pay and any type of medical co-pay. Not sure if there is a time limit and most of these type situations must be pre-authorized.
  9. OK, you and or your representative will have to do your own research and homework. I believe that your answer can be found in 38 CFR part 3 and your medical records. Look under 38 CFR 3.156, 3.157 and 3.400. You will have to prove/show that your disability reached a certain disability rating percentage at a earlier date in time. 3.156 New evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. (a) New and material evidence. For claims to reopen decided prior to the effective date provided in § 19.2(a), the following standards apply. A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an un-established fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. 38 CFR 3.157 is a historical regulation that provided that evidence of examination or hospitalization may be accepted as an informal claim for increase or to reopen. This regulation was eliminated on March 24, 2015, in association with the Standards Claims and Appeals Forms Rule. However, 38 CFR 3.157 applies, with multiple revisions dating back to 1933, until its 2015 elimination. Thus, VA or uniformed service health care facility records dating within that time period continue to be potential informal claims for increase or to reopen without regard to when those records are incorporated into a claims folder. The correct assignment of effective dates is contingent on properly recognizing these informal claims 3.400 General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later. For effective date provisions regarding revision of a decision based on a supplemental claim or higher-level review, see § 3.2500. (Authority: 38 U.S.C. 5110(a)) (a) Unless specifically provided. On basis of facts found.
  10. It might be best if you start your own new thread and explain a little more. Prior to your post this post was last responded on February 13, 2019
  11. The mismatch or problem is that the 38 CFR 4.25 Combined Rating Chart is the only and accurate chart that VA uses. All and I do mean all other VA Disability Calculators are wrong. Some or most use some type of decimal points and the CRC doesn't. To get your right combined rating you will have to use the 38 CFR 4.25 CRC.
  12. If your husband has not gotten a Vocational Rehabilitation Specialist letter stating that he cannot do any type of work, you might try and get one. A doctor's letter can help but it seems that SSA is looking for a Voc Rehab Spec. letter to approve SSDI. If his claim is denied, make sure he appeal and request a ALJ (Administration Law Judge) hearing.
  13. IMHO (In My Humbled Opinion) I would not file a CUE Claim, based on the information your symptoms fall between the 30% and the 50% rating. Keep in mind that a veteran loses benefit of doubt when filing a CUE claim and cannot be argued. With your symptoms causing you to leave work or to miss work on the average of 1 to 2 times a month can be argued better by filing a disagreement or a new supplemental. Since this is only your C & P exams, What does your current treatment records/notes say about your symptoms? Miscellaneous Diseases Rating 8100 Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.......................................................... 50 With characteristic prostrating attacks occurring on an average once a month over last several months.............................................................................. 30 With characteristic prostrating attacks averaging one in 2 months over last several months.................................................................................................... 10 With less frequent attacks.......................................................................................... 0
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