mrsvet28

Berta back on Jan 15 09 I received a letter from the AMC that states: The appeals management center is transferring your remanded appeal to your local VA regional office because of one or more of the following reasons: You are represented by a private attorney or your appeal requires an attorney fee payment or review for reasonableness of attorneys fees Then it says the aforesaid issues fall under the VA regional offices jurisdiction. This means that your records are being transferred to your local VA regional office so they can reach a decision on your remanded appeal. THIS LEADS ME TO THINK THEY DIDNT FOLLOW THE RIGHT PROCEDURES and quite frankly they were very lax in returning my calls or giving me info. Is this what you meant?

Thanks for reply and your info about your contract: Mine states:CONTINGENT FEE Client agrees to pay a fee equal to 20 of the total amount of any past due benefits awarded on the basis of the Clients claim with the US Dept of Veterans Affairs It is understood that this contingent fee is to be paid by the VA directly to the Attorney from any past due benefits awarded on the basis of the clients claim.However client remains liable for the amount of the contingent fee of 20 percent of any past due benefits awarded on the basis of the clients claim until and unless the fee is paid to the attorney by the VA and client agress to pay said contingent fee directly to attorney in the event the VA fails to do so. OTHER FEES; Client authorizes attorney to pursue an award under the EAJA-client certifies that his net worth at the time of filing appeal to the Court is less than 2000000.00 Attorney agrees that he will discuss the filing of the EAJA petition w/ the client. the client shall receive a credit toward the 20% fee in the amount of any EAJA fee awarded, if VA benefits are awarded on the basis of the same claim.If the in the opinion of the Attorney an EAJA petiton will not be successful,Attorney will advise the Client. Client specifically authorizes Attorney to endorse his name on the EAJA check if an EAJA fee is awarded.Atty agress to provide client copy of the EAJA check and explain in writing the basis of the EAJA award. SEVERABILITY CLAUSE; IF ANY PART OF THIS CONTRACT IS HELD TO BE UNENFORCABLE CONTRARY TO LAW OR AGAINST PUBLIC POLICY BY A COURT OF COMPENTENT JURISDICTION OR ANY GOVERNMENTAL AGENCY ALL REMAINING PORTIONS OF THE CONTRACT WILL BE DEEMED VALID AND ENFORCABLE AND ONLY THAT PORTION OF THE CONTRACT WHICH IS INVALIDATED BY SUCH COURT OR GOVERMENTAL AGENCY SHALL NOT BE ENFORCED BY THE ATTORNEY.

I TOTALLY AGREE !!!!!!!!!!!!!! I ALREADY DID ALL THE WORK TO WIN THIS CLAIM AND THEY WENT TO 2 HEARINGS-AND I DID EVERYTHING ELSE!!!! :(

Larry, First of all they do not specify how much they took out or for what/they only state MINUS ANY WITHOLDINGS/but there are no dollar amounts attached I only know the difference by doing the math-- The NSC pension- they take it all back when you are service-connected , When I called the VA they told me when an appeal is in remand and then decided, the monies are deducted and they pay the attorney because they dont trust the veteran to do so-then he asked me to hold on while he spoke to his supervisor and she said THEY CANT HELP US ....so there

So now the attys are saying they didnt get paid from the VA and want us to mail then 20 of the net- after the VAtook out lots of $$ -the NSC pension) so if they didnt pay them-where is the unaccountable money? Called Congressmansaide in DC have her looking into it - Yet we still have another appeal that isnt settled yet-it should be done soon it was for HBP related PTSD/and the doc said yes-and sent everything back to the RO The attys are POA for that issue as well-even though they dont realize this I guess :( so I am thinking they are holding theirs until this issue is done and they will give them all of it at once-and why have they waited a month to call me? It says right in the contract the VA is to pay them directly... They think I just fell outta the sky I guess.....................anybodys opinions ? There is no breakdown of what money they took just the monthly entitlement amountsby the years..Thanks Mrsvet :D

Congrats and enjoy and by all means get some rest from all of this! MrsVet and Mrvet

Larry, How could I forgotten you? Sorry - and the oscar goes to...... :D Thanks for your reply, and have a good nap--they told him call the 800 number...... last I read they were backlogged up to 20 weeks to process....

Hi guys, My son just recently left the navy after 8 years, and they are holding up the GI monies on these kids- go figure-- I read either on military.com or here that the local RO were giving them a 3000 allotment in the mean time-anybody? Carlie,Berta,Wings,TBird,John,or Pete I read it last weekend and lost it-went to the VAMC with him today-they never heard of it-or arent sure about it :D Thanks MrsVet

I will keep you posted -- I think no but we shall see...........

I just spent an hour posting the decision now I lost it somehow- will do it again later B)

Hi guys ,Mrvet and I took amuch needed mini vacation- he had to go for the seperate appeal issue for HBP Cp exam yesterday and today-the doc said it is related to PTSD- on the SSOC it states-your appeal was previously remanded by the BVA for further development which as been completed.before returning your appeal to the Board,we are giving you a time periodto respond with additional comments or evidence.Please note that a response at this time is optional, and not required to continue your appeal. Issue: service-connection for hypertension Reasons and bases:VA PTSD exam related your disability to military service. therefore a VA exam will be scheduled to evaluate your hypertension and its relationship to your PTSD. therefore the prior decision regarding service connection remains unchanged at this time. So my question is if this is another seperate appeal-are they going to rate this as secondary issue to PTSD-?

Berta, Got the deposit B) after I did the math it was very close by 1000 bucks-! :D :D now I still need to find out what happened to the ODC was 98'-they went to 02' and the beat goes on................I'm tired what a day its been

BUT LET ME SAY ALL CLAIMS ARE DIFFERENT-WE HAD A LOUSY REP. WITH BAD ADVICEIN THE BEGINIING-AND THIS SITE PUTS YOU IN THE BEGINNING READY TO PLAY BALL........

I'LL CERTAINLY AGREE WITH THAT- WE JUST GOT IT-AND OPENED IT IN 98'=4065 SOME ODD DAYS SINCE FIRST NOD! :o

Call what# ifthat happens? the one in the decision letter

I believe I read in a previous post a few months back, that the NSC pension is deducted from retro and the money goes back to the VA- my question is what happened to the offset money that had been offset with SS /so the combined amount equaled the NSC as it would have been before it was offset? :o Will they take out the lawyers fees first? I know the SS retro did- I am noticing in the decision the $ figures go to 08' there are 11 months of 09 as well but they arent on there-so I'm assuming they will be taking back the 11 months of 09 NSC and then pay the difference? am I close Thanks MrsVet PS; this keeps you busy crunching numbers--have some of you guys gotten different amounts than what your retro was?just curious in case I gotta do the math-in the past they tried to get an overpayment out of us- when the SS retro came in-and I proved that wrong-and it wasnt our fault because it was reported on time in triplicate!!

;) <_< Got the decision today : D R O decision Oct 28 09' everything is granted as of 02 Service connection for PTSD) with depressive disorder not otherwise specified is granted with an evaluation of 70% SerVice connection for residuals, left tibia injury(claimed as leg condition) is granted with evaluation of 10% entitlement to IU is granted elegibility to Dependents Educational AssistancE It says also the deposit takes 15 days - I'm still numb-it hasnt sunk in yet! MrsVet needs a vacation somewhere with MrVet its our 30th anniversary soon ! :)

Thank You all for your replys and best wishes - it has been a long hard struggle and I guess you could say I've been "tenacious" ;) with this claim and just kept researching the VA laws some nights I'd be up all night and even before I had a computer I'd go to the law library and make copies-(one time I made a chart of huge posterboard and made timelines in different colors and plastered them on the wall-they all had different things on them) (mine was different-theirs was different- and I had one with what I needed to do on it) and the other had Title 38 pertaining to the errors on the claim and I cross-referenced evrything)reading the SOC's and pulling them apart to try and understand what it meant - I almost literally wallpapered the dining rm in it! B) you should have seen some reactions of our quests -- then I found this site while surfing for help for Veterans-after the 4th POA-and was looking for another one-I felt sometimes as if I was the only one who really cared about this claim and I'm the "if you want something done right" person- :) I found with the charts I couldnt help but have it staring at me-alot of times I stared back - and then I'd find something else- then everytime I filed my papers back away, I'd get another letter and have to drag them all out again- after doing that a few hundred times-I got two huge buffet tables and just left them out -according to the dates and had a pile for -my letters sent/their letters/etc..-that helped too- I'm sharing this with all of you - especially the newbies to this process-and I'm sure all of you guys who have succeeded have been thru the similar processes...sometimes it gets overwhelming and eats away at you ...but then you have to walk away..be free of it for a few days and go at it again..and repeat the same process...but you gotta hang-in-there "WHEN YOU GET TO THE END OF YOUR ROPE, TIE A KNOT, AND HANG ON" the problem in the beginning in 98' I had bad advice and had 9 issues open-and could have made them individual or combined 2- I didnt know that then but I know now !! I will gladly-post it when it gets here and still be part of this site-its like family B) Roses are red Violets are blue you've found hadit and we're here to help you! Take care MrsVet

:) Its over - 70% PTSD 10% tibia 100% IU they went back to 02'- on all of the above I think they forgot that the first claim was opened 1998- I had a emotional day with MrVet- relief makes you cry like a baby!! Will fill in the details tomorrow just wanted to thank you all for everything B) MrsVetand MrVet

Absolutely all of the above

Thats easy to say, what makes you think they will admit something like this?- they give him benedryl and mosturizing lotion for the rashes - and facial swelling/ and they kept calling "bladder hypertrophy "which is not service-connectable to my knowledge-but I have "bladder calculi "in some of his uro.reports- which I believe is a pre-requesite condition to bladder cancer which is AO service-connectable.