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broncovet

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broncovet last won the day on September 12

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About broncovet

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. When I Die

    When a dependent applies for Chapter 35 DEA, the VA sends the dependent a letter of eligibility and it will last xx months, (I think about 48 months). I think this will continue even if the Veteran (sometimes called the "sponsor) dies. If you passed and your kids had not yet applied for Ch. 35, they should also be able to get it, because its for dependents of people who gave their lives for their country and dependents of disabled Vets. Either way, your kids should be good to go within limits. I think they have to use Chapter 35 in 10 years. Hopefully someone else will chime in with soome more precise information with links.
  2. smc math

    A and A is a higher level of compensation than SMC S. Also, there are different levels of Aid and Attendance, too, mostly depending upon the "degree" of the person providing care for you. For example, If you need a full time nurse to change IV's and what not, then . your A and A will be higher than if you just need someone to help you get dressed and maybe help you to the bathroom.
  3. va claim

    Can you cover your identifying information and post the letter? Did they grant you a disability percentage? TDIU?
  4. Ok, so you want a number. I give you a 25% chance on your first VARO decision, 60 percent if you appeal to the BVA, and 80% if you persist to the CAVC. Here is my bases. About 85% of first time claimants are denied. This includes both those with and without a nexus. The BVA is better, much better. If you have the complete caluza triangle, your chances at the BVA are 80 percent or better, but we only know from your post you have one of the three caluza triangle: (current diagnosis, in service event, nexus). If you have all 3, you should eventually win. Persistence is key, because the longer you persist the more likely an award.
  5. smc math

    Yes, there is a recent case where "va math" was upheld beyond 100 percent. However, two 50 percents combine to 75 percent which rounds up to 80 percent so you should be good to go for smc s. However, they have to be "seperate and distinct", and you did not include that information in your post.
  6. The short answer is we dont know what VA will do. However, most Vets have to fight VA for service connection, fight em again for disability percentage and fight em again for an earlier effective date. However, if awarded, your effective date is supposed to be the later of the "facts found" (the date the doc said you were disabled) . or the date of claim. There are multiple exceptions, however, to this general rule of effective dates.
  7. Well, yes. Its the VA way to require multiple appeals. I have had about 15 VARO decisions, 4 trips to BVA, and 3 trips to CAVC since 2002. And, there will be more.
  8. I agree with Gastone. Remember this: Most of the time lawyers pick claimants or decide to drop some for their own reasons. In 2002, I had the VFW "drop" me because they said my claim wasnt "viable", and I have persisted and am now 100 percent P and T, from when vfw said I had no chance. You see, I knew more about my medical history than they did, and, you also know more about your own cfile than does your attorney. Dont take it personally when an attorney drops you or turns you down. Most of the time it has more to do with their caseload, just as I found out was the case with vfw. Remember, VFW at one point thought Vietnam Vets were not "real" vets, because the Vietn nam disagreement was not a declared war. This, of course, is Veterans fault, not the fault of politicians who decided not to "declare war" in Vietnam, even tho about 67,000 Vets lost their lives and only about one tenth that many lost their lives in the "War . in Iraq".
  9. You basically need to appeal, and base your appeal on evidence, not your opinions. Remember, pyramiding prevents you from receiving benefits for symptoms of both. You only get compensated ONCE for an applicable set of symptoms. Lets try an example. Lets say you have ptsd and depression. Since both of these may have some of the same symptoms, you only get paid for one set of symptoms. In other words if you were compensated for anger issues, you would not get compensated for "anger issues" with both ptsd and depression.
  10. Effective date

    Good question, and I can not tell for sure without reading your cfile. However, your effective date will be the later of the facts found, or date applied. (general rule for effective dates which have exceptions). Did you have a c and p exam on or about your effective date? This is often a trick by VA. Let me explain. Ok, lets say you apply for benefits in 2010 for hypertension. They dont do a c and p exam until 2016. Your doc, says, yep, your blood pressure is worse and documents same. So, VA uses the c and p exam date, bUT, that is a ripoff. Here is why. This suggests your high blood pressure got worse in the c and p exam. Your exam did not make your blood increase, your examiner simply reported it had increased. The doc probably did not do a thorough job reading your records, as he could have stated something like this: Based on blood pressure readings over the past 5 years, the Veterans blood pressure increased in severity on (date of a previous doctor visit where your blood pressure was higher) . I recommend you consider an attorney to appeal the effective date, or just appeal it on your own.
  11. I just completed a remand which was a JMR remand. This means Va admitted to a mistake, rather than the judge ordering a remand. Its kind of a negotiation or settlement, where the claimant and VA agree to the remand terms. I got my OLD docket number so I got back to the BVA in approximately 6 months, instead of much much longer with a regular appeal. Going on memory alone, I think my cavc remand was in April, and my board decision was completed in August. However, I can not promise your remand will be complete in 6 months, as each case is different.
  12. Whether you beleive it or not, does not make it untrue. Yes, eaja often awards attorney fees with a remand. And vets get no money with a remand until or unless the remand produces a favorable outcome, it does not always happen that way. Attornies bill the eaja in hours, and they probably have to account for what they did for those hours. A lot goes on behind the scenes that you dont know about. I think my attorney was vastly underpaid. For an attorney to "just read your file" takes considerable time" especially if you have a complicated case, and if you only had 2 pages of evidence, you probably would not need, nor hire an attorney. My cfile is over 2000 pages. Just to read my file would take 4000 minutes, if you could read a page in just 2 minutes. That is 66 hours. 66 hours times 175 per hour (that is about what eaja figures, but it depends on where the attorney is located). 66 hours times 175 per hour is over $11,000 and that is just to read my file. My attorney should have charged eaja at least twice what she did, but eaja only allows so much. Its probably like a flat rate when you get your car fixed. You know, an hour to change a starter or whateveer. I really dont appreciate you calling me a liar because you dont believe that cavc would pay money in the case of a remand..it is not my fault you are unaware of this. The world does not always think like we think they should. I have volunteered to answer your questions...I have supplied my source for many of my answers that you can check out. But I wont be sharing my personal information to "prove" that eaja paid most of my fees, so you can choose whether or not to beleive me. It does not matter that much to me if you believe me or not, but, I also get to choose which questions I answer. I am a forgiving person, but please drop these attacks on me or I wont be answering any more of your questions. You dont know whether or how much attorneys are paid, so you need to either accept my statements at face value or stop reading them, as Im not going to continue defending my postion on eaja fees with you.
  13. Eaja (Equal Act to justice Act) pays the fees whenever the cavc determines that VA took a position against the Veteran that was "substantially unjustified". The CAVC liberally applies eaja fees, whenever the Veterans attorney "win" or "wins a remand". In the case of a "remand" at the cavc (which happens frequently) the Board re adjuticates the case per the remand insturctions and, it sometimes results in an award due to the Veteran. In other words the cavc said th board made a mistake, and that the they have to re do it. When this happens, in most cases, the eaja awards fees to the veterans attorney when the vet attorney asks for it. If eaja fees are awarded for a remand, this means the amount of the eaja fees will be refunded to the veteran. Im not "arguing this", I simply sated what happens and if you choose not to beleive me, thats fine. I got a remand at the cavc, and the eaja aawarded fees to the attorney. So the attorney got a check from eaja for 6100 dollars. Several months later, the board completed the remand and awarded me a partial earlier effective date, which generated retro for me. So, if the retro was 40,000 this is how this goes. 40000 times 20 percent is $8000. However, eaja has already paid 6100, so the attorned did get 8000, but wil send me a check back for the 6100 eaja fees which have already been paid. This means that I will pay 1900 in this example not 8000, so most of my fees were paid by EAJA, as I already explained. The court still awards attorney fees in the case of a remand, so the attorney will get paid by eaja even if I never see a dime. This happens because the attorney identified an "error" in the decision and, sime mine was a JMR, the attorney got pad before I got a cent, cause I had not been awarded any money yet. However, eventualliy I dd get awarded benefits but the attorneey can not "double down" and collect from the eaja and also collect from the veteran..its prohibited. The attorney can colect the full 20 percent, but not 20 percent plus eaja fees.
  14. Eaja fees are often paid even when there is a remand, especially if its a JMR. You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable. If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees. Ask your attorney about eaja fees. Eaja fees are generally awarded at the cavc level, not at the bva. If you hire an attorney to represent you at the bva its unlikey for you to get eaja fees, as the bva does not award them, tho I dont know why. As I explained, the best time to hire an attorney is with a bva denial appealing to the cavc, as that is the time when you are likely to get eaja fees.
  15. Eaja fees are often paid even when there is a remand, especially if its a JMR. You see, with a remand, the v'a is admitting to a mistake so eaja fees are applicable. If you get a remand, and later, get money when the remand is completed, your eaja fees should be deducted from your total attorney fees. Ask your attorney about eaja fees.
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