pacmanx1

Since my appeal is back at the CAVC, I recently signed a POA for my attorney. I am not sure, but I thought you could only have one POA. Even though my attorney does not handle any BVA appeals, I was thinking that this could cause problems with the BVA.

I do not have a signed POA. I have one appeal at the CAVC and one at the BVA. Even a national VSO would need a signed POA to check the status of my appeal.

Not sure if anyone mentioned this but the Portland VARO may be reviewing your symptoms to determine if you are competent to manage/handle your VA funds (money). If and I say if you are rated 100% PTSD or a mental disability, the VA "MAY" try to say that you cannot manage your money and try to assign you a fiduciary, which could be a spouse or relative.

AMA Can't claim the AOD (Advancement on the Docket) No toxic exposure, no Pact Act. As stated in my OP, this is a simple request for an EED to an already rated service-connected disability. When reviewing my records for my legacy appeal I just won, I found VAMC medical treatment records of a disability claim that the VARO denied but later granted. So, I filed a claim, and the VARO sent me to a C & P exam and the examiner listed those appointment records and diagnosed records in her exam and opinioned that my symptoms began in service, and I immediately sought treatment within a year of discharge and was finally diagnosed (not mental). The VARO completely ignored the examiner's opinion and denied my claim. I contacted the VARO and explained the situation and was informed what happened and I was ensured that if I filed a supplemental claim, they would catch it and grant my EED but my supplemental was also denied. I was then told to file an HLR but instead I filed a Direct Review thinking that I would get a proper decision from the BVA, but it has been sitting collecting dust.

Welcome to Hadit.com It's all about the bottom line, which is money. If the VA think they can get away with it, they will try just about anything. Many years ago, the VA sent me to a mental health C & P exam and requested the examiner to give an opinion about my physical disabilities. For some reason when I went there the examiner was not there and the chief psychiatrist had to do my exam and it worked out well for me because he wrote that my depression was as least likely as not due to my physical problems and that no exam would fully be complete without both a mental health exam and a separate physical exam. It is normal or typical for the VA to lump claims up to try to process them all at once, but it is not normal or typical for the VA to try to have a psychiatrist to do both a mental health exam and a physical exam but as stated, the VA would try to do anything to save money except pay veterans their correct benefits.

We have discussed this before Cue Claims are not a one-shot deal or pony. It boils down to how the CUE is claimed and how or if the Cue was denied or dismissed.

My appeal that I just won goes back to 1998, a few years ago I won my unadjudicated claim at the BVA, but the VARO low balled my rating, so I had to file an appeal on that decision. So, the one claim for twenty-five (25) years and counting/pending and the last appeal for about four years. When going through my records in reviewing my current appeal, I found VAMC medical records of a separate disability claim that the VA denied but later granted and I filed a new CUE Claim requesting an EED on that claim’s effective date. The only thing that has helped me survive is the fact that I have been rated 100% schedular P & T for more than half of the time going back and forth from the VARO to the BVA to the CAVC back to the BVA to the VARO back to the BVA and now back to the CAVC.

No, I can't say that I feel better in any way shape or form.

It can take anywhere from six months to a year to get a copy of your records. Of course, this is just a guess but the sooner you request your records the sooner you will get them.

We never know what the VA is up to, I would say to call them when they reopen tomorrow. Just found this on-line For additional help, call the VA's Beneficiary Travel toll-free call center at 855-574-7292. Hours: 7 a.m. to 7 p.m. Monday through Friday.

Dustoff, in the past three years I also have had two separate favorable BVA decisions and one CAVC JMR remand, not sure if I pissed someone off or they feel they need to slow down the money train. These are appeals that have been pending for years and the VA thought after they granted me 100% schedular P & T, I would withdraw all my appeals, but they were wrong. These two appeals pre-date my 100% P & T rating and I already won one with an EED of TDIU that is back at the CAVC and the last one is still at the BVA. I look at is that when I filed my claims, I gave the VA and rater all the evidence they needed to make a correct decision and they failed to review what I sent them. The VA did not have to review my records because I sent them the evidence along in my claims packet. If they had made a proper decision, I would have already been compensated and they could move on to other veteran but now they have to redo my appeals.

Believe me or not but I bet that they also have a report from some bean counting accounting firm or individual that states all veterans will not file a timely appeal, some veterans will die, some veterans will be so disgusted that they will put their decision in a desk draw and plan to deal with it later and miss their appeal date and many other reasons to support the fact that it is acceptable to deny a veteran’s claim or appeal.

The only time I check ebenefits is to see how long the system would be down for maintenance, I typically check with the Whitehouse Hotline every thirty days or so. I am not worried about it. These are my last two appeals; I file my own claims and appeals all the way up to the CAVC and then I get an attorney. I won my unadjudicated decision myself at the BVA these last two appeals are just taking too long.

If the below chart is correct and true as it states that it was last updated October 11, 2023, why do I have a Direct Review Appeal well over 700 days and counting? Each time I contact the VA, I am informed my appeal is on the Direct Review Docket waiting its turn to be sent to the VLJ. I bet that I am not the only veteran. My appeal is only for an EED, and I already have a favorable LHI medical opinion that the VARO ignored and denied my request for an EED. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420 Last updated October 11, 2023 https://www.bva.va.gov/images/appeals/ama-appeals-small.jpg

The VA will request records until they think they tried enough which could be only once or several times. Depending on the evidence in your records, the VA may not even need them. I was granted an EED (Earlier Effective Date) of TDIU and I filled out the forms but told the VA two of the three agencies that I used to work had been consolidated and no longer exist in any way shape or form.

Let's slow down here, being on terminal leave is not having a terminal illness. It is just extra leave time or final leave time before the ETS (Discharge Date).

Your son should have already completed his initial claim when he out processed at his base under the BDD program. The BDD program may have a new name by now which I don’t know but it should have helped your son begin the process of putting his packet together to file a claim with the VA. Benefits Delivery at Discharge Program - Veterans Benefits Administration (va.gov)

I posted the current SMC CHART, and it has the Current rate for SMC-S without dependents is set at $4,054.12 and OfCourse that amount is about to change and increase with the new COLA.

All BVA appeals are taking longer than what you can find on-line. Direct Reviews are supposed to be decided in less than or around 365 days and my Direct Review appeal is well over 750 days and counting. Each time I contact the VA or send a Whitehouse hotline request for status update, the response comes back that my appeal is on the Direct Review docket waiting its turn to be sent the VLJ. With that said, I am quite sure if the BVA is dragging their feet on my Direct Review claim for an EED, I am quite sure other veterans are waiting for their claims to get decided. Keep in mind that even though the veteran may have a short window to submit additional evidence, that does not mean in any way that the BVA will decide their claims on time.

Here is something you should know, appealing a decision is really screwed up at this present time. Direct Reviews to the BVA are taking well over two (2) years and counting. Filing a Supplemental with additional evidence or an HLR seems to be getting a rubber stamp denial. Yes, there are some getting granted but they are far and few. I am just passing this information on to you. I have seen appeals dated after my BVA was docketed but mine is still collecting dust for over two year and all I filed for was a corrected EED to an already service-connected disability and I already have a favorable LHI C & P exam medical opinion. Supplementals and HLRs are take more than 90 days.

After a veteran is rated 100% schedular or TDIU, additional ratings fall under the SMC category. So, yes, it is possible to get additional benefits 38 CFR 3.350 Special Monthly Compensation. I know it is a lot to take in, but you can review it and contact an accredited VSO. If your VSO won't help on not familiar with SMC, you make want to get help from a different one. eCFR :: 38 CFR 3.350 -- Special monthly compensation ratings. SMC CHART 2023 VA Special Monthly Compensation Rates | Veterans Affairs

SMC is not like other effective dates as to the veteran has to file a claim, it is supposed to be the date that your records show that you met the criteria and that is why the VA will fight your decision.

That is the bottom line, you need to appeal to get your proper benefits.

My apologies, I guess you can call it brain fog, but I can't remember what this form meant. What I can say is that you can file a Reopen claim or a CUE claim based on 38 CFR 3.156 and request an earlier effective date. You can also file both a Reopen claim and a CUE claim simultaneously and then use the regulations that supports your request or argument. This form basically says that the VA should have considered this as part of your evidence when they originally processed your claim. Keep in mind that both Reopened claims and CUE claims can be Reopened or CUED at any time when new or material or relevant evidence is found. Just be prepared if the VARO and or the BVA denies your request to file an appeal to the CAVC. Thinking about it I think it refers to incoming mail to the VARO. So basically, I am thinking that the Hospital sent this document to the VARO to be added to your C-file back in 1991. It definitely shows that you were admitted for major depression and the VA Form 10-7131 was sent to and received by the LA Angeles VARO.

Social Security Announces 3.2 Percent Benefit Increase for 2024 Social Security and Supplemental Security Income (SSI) benefits for more than 71 million Americans will increase 3.2 percent in 2024, the Social Security Administration announced today. On average, Social Security retirement benefits will increase by more than $50 per month starting in January. More than 66 million Social Security beneficiaries will see the 3.2 percent cost-of-living adjustment (COLA) beginning in January 2024. Increased payments to approximately 7.5 million people receiving SSI will begin on December 29, 2023. (Note: some people receive both Social Security and SSI benefits). Press Release | Press Office | SSA