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asdf

Second Class Petty Officers
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Everything posted by asdf

  1. Which ever VA Form 2122 is filed last will have the POA for you. That doesn't mean that the other claim wont be processed just that lawyer/VSO will not have access to your VA file. We require a letter of release from lawyers before we will assist veterans since the lawyers make money from claims/appeals and VSOs dont.
  2. This is my go-to for issues that some would file a CUE for. There is only the form 996 to complete and then you talk to a VA representative about the situation and if it truly is a VA mistake it gets fixed quickly. Most of these are complete in 1-2 months. A great option if you have nothing else to submit for your claim.
  3. Do you own your home? They will deny if it is a rental property or you do not own the property. SHA, a different program, allows a family member to own the property that you live in.
  4. The VA gets nothing but a bad reputation for taking longer on claims. The date of claim is the base for retro pay not when it is completed. That doesn't make sense that they want it to take longer.
  5. I would like facts presented with all the allegations against the VA instead of barracks lawyer opinions. This misinformation is just causing more anxiety amongst Veterans trying to do the right things.
  6. You have 1 year from date of birth to file for a new dependent and keep the date of birth as date of claim. If you file after the year, retro pay will go to the date of claim.
  7. Caregiver is different than aid and attendance. Caregiver is a VHA program while Aid and Attendance is VBA program which adds a benefit to either a pension or disability. You may want to ask your VA PCM about Veteran Directed Care, a program that provides a budget for their needs if they qualify.
  8. In order to claim sleep apnea as secondary to another condition, a medical professional needs to have made that conclusion.
  9. If your exam was yesterday, you can expect another 2-3 months before you get a decision. Claims are averaging 162 days from beginning to end. However, if you have a VSO with VBMS access they can track the process a little closer. Don't forget to appeal within a year of the letter if you disagree with the decision.
  10. There are additional forms to complete for common law marriages not just a 686 with marriage certificate and common law marriage has to be recognized in the state you live in. The additional forms are the 4170 (one for you and one for spouse) and 4171 (witnesses at least two that can confirm you live as spouses).
  11. It is a one shot deal but rarely Congress will have an open season but to enroll you will need to pay the premiums back to your retirement date in a lump sum. So if I retired two years ago with a 200 dollar premium I would need to pay 2400 plus my monthly going forward. It has been years (2005, I think) since there was an open season.
  12. The letter states that there is evidence that your rhinitis and sinusitis existed prior to service. They cannot be presumptive for service in the middle east if you already had them.
  13. States also provide benefits based on the level of disability and the higher the disability the greater the benefit is generally.
  14. If your VSO looks in VBMS, they need to check on the first screen that pops up to see if the "efolder Access" is labeled as Yes. This information is under the part that shows who has General POA for you. The VSO can then call VA IT to have it changed but that is painful. Usually, I will just resubmit the 2122 and it has fixed the problem in the past if it is checked No.
  15. Have you ever worked for the VA? VA employees and contractors usually have their files hidden.
  16. You are absolutely eligible to apply for TDIU based off of 80% combined and a single rating over 40%. Now getting the VA to approve is the next step. The average claim is taking 162 days to process and TDIU are usually on the longer end of the spectrum.
  17. You will have to file an appeal to the denial and attach a 4138 to explain why you missed the appointment. Since you are within a year of the decision you will not lose your claim date.
  18. You can refile and explain on a 4138 why the appointment was missed and the VA will reschedule it.
  19. The person you talked to was not a rater and would not know more than you know from your decision letter. You need to get a VSO with VBMS access as they are not part of the VA system and only exist to serve the veteran.
  20. Get a VSO with VBMS access and they can see the letters and reason for decision without waiting for the mail.
  21. Keep it simple. If you have the supporting documents for a supplemental claim, then just file a 995. Don't fall into the hype for a BVA hearing, they take forever and you get the same result with solid evidence.
  22. They aren't going to give you access to VBMS because that system has more than just your file in it. I agree we should have access to see our records but Veteran's would crush the system asking questions about process and timelines and other information included in VBMS especially all the Veterans that think they know more than the VA.
  23. If you have a VSO with VBMS access they can see your C&P exam and reason for denial.
  24. If you walk into a new VSO, they will not have VBMS access to your file until a 2122 is filed and then it needs to work its way through the system. Unrealistic expectations for VSOs to know specifics when veterans basically shop around for the answer they want to hear can jam up the system with duplicates.
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