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broncovet last won the day on April 9

broncovet had the most liked content!

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About broncovet

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    HadIt.com Elder

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  • Service Connected Disability
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  1. Dont lose hope. Almost all of us are in your same boat. "If" VA followed all their rules correctly, we would have to fire the entire BVA as well as the CAVC, as there would be no need for these organizations if VA fully complied with their rules each and every time. Almost all of us eventually won our benefits only after some sort of appeals. Be happy you know where to go if they deny you.
  2. You posted: A "higher level review" means an appeal and that you were denied. What were you denied for? It does not "turn into a higher level review", you have to appeal if you dispute a decision and you can opt for a Higher level review (HLR). I somewhat agree with Kanewnut that we need more information to help you better. 1. Do you have "loss of use" of body parts (feet (wheelchair?), arms, eyes, etc? If so which body parts and are those related to service? You may have to get additional SC's in order to increase your SMC. Example: If you are not SC for a leg/foot
  3. Yes, you can rebut a denial. You are on the right track. Using the "reasons and bases" for decision that you received, file a nod with a rebuttal for their reasons, citing evidence from your file. You posted: There is a regulation that covers this, since it happens frequently. You can appeal either: 1. Denial of Service connection 2. Dispute of disability percent, if awarded. 3. The effective date(s). Any/all of these above issues can be appealed for each condition, "even if" other conditions are awarded in the same decision. Now, he
  4. Last year, Covid forced me to stay home, so that means its off to see family and grandchildren in Texas, Arizona, Iowa, and Georgia, Ohio and Colorado this year. I just got back from Georgia, seeing my 9month old grandaughter. Im thinking of putting her picture up for me, she is much better looking than I am. She is my 9th grandchild, 10th if you count another gal who had a baby from our church who calls me "grandpa". Maybe I will even start a post "cutest grandchild" and we can vote who has the cutest grandchildren. But it would hardly be fair because I have the cutest. Thi
  5. DRO's are not done any more since last year. THey have been replaced with SCL (with new evidence) or HLR (without new evidence). You have a year from the date on the decision letter to appeal it. SCL and HLR are also 1 year from date of decision. I dont recommend waiting, however, if the decision is disputed, why wait?
  6. Congratulations on your bva win. It sounds like va is wasting time sending you a letter that they are hurrying. Imagine if you call the fire department, and tell them to hurry. They respond by sending you a letter that they are hurrying as fast as they can. Does anyone else think this is crazy? Please hurry your answer. Or, respond you are going as fast as you can, and mail it so that I may quickly get it and email you a response.
  7. A "dispute" of an original claim is filed on a nod form. There are 2: 20-10958 or https://www.va.gov/vaforms/va/pdf/VA10182.pdf If you did NOT file a nod, then its probably a claim for increase. However, all is not lost! There is a special rule that will give you up to another year when you apply for an increase. The regulation is here: Its found here: https://www.law.cornell.edu/uscode/text/38/5110#:~:text=4688.]&text=The effective date of the award of any benefit or,marriage%2C birth%2C or adoption. And: Its not to late to file a nod preservin
  8. Correction: Did you FILE A CLAIM within a year of exit from service? The regulations states:
  9. After you get the envelope, you can decide whether or not to appeal the effective date. As always, your effective date should be "the later of" your date of claim, or facts found (the date the doc said you became disabled). There are a number of exceptions to this general rule. Take each part seperately. When did you file? Did you file previously but were denied? Or did you file previously and the VA blew you off and never adjtucated your claim? When did your doc say you were disabled? Did you have a c and p exam? Did you magically "become disabled" at the
  10. VA's failed IT upgrades is due to one reason in my humble opinion: Corruption in VA. These contracts go to friends and family of well connected persons, not to people who can really accomplish the task. VA is a "honeypot" of cash for well connected contractors. Taxpayer cash, meant for Veterans is squandered by the billions almost as bad as the defense department's "wll known" $4000 toasters. People repeatedly look the other way, and the Kangaroo court (VAOIG) is the fox guarding the hen house. Its not a crime to steal billions from VA, one is awarded with "attaboys". Its no
  11. broncovet


    Im at 100 percent, over 65, and wife gets Champva. We also have Humana as our medicare advantage plan. Its medicare, administered by Humana. No, Champva and Humana are not the same "for us, here" but I can not promise that is the same way in your neck of the woods. So far, Champva with Humana medicare supplement is the best insurance we cant buy. And I have heard that before. One "peculiar" aspect, follows: Wifey previously had Humana WITH prescriptions (part d, I think). That was terrible. Her copays on meds were often 150 per month, with ONE drug. Through ma
  12. BOTH ebenefits and VA.gov are so unreliable and not up to date, that if we told you "x" on Tuesday, by Wednesday, it would be "Y". If you want to be the hadit expert on ebenfits/VA.gov or the differences, therof, feel free to take that role. I found them both to be equally not up to date and unreliable.
  13. Ebenefits is inaccurate, not always up to date, or just plain wrong. Wait for the envelope, and ask another question(s), if you are still confused after receiving the official letter (decision letter). Generally, I dont speculate on "what Ebenefits means" because its just not accurate enough percent of the time to be meaningful.
  14. You posted: In one or more of my posts, I cited regulations, such as 38 CFR amendment of records, below: None of us here are lawyers, and none of us are competent to give legal advice. We can only give "lay" advice. To get competent legal advice you would need to retain the services of an attorney. The "regs" are 38 CFR and procedures are covered by M21 manual. Some of us do case law searches at CAVC, BVA, or even Federal Circuit. USC is also used and referenced, in part, above. Berta, myself, and many others use the Veterans Benefit Manual, written by NVLSP
  15. The criteria makes no mention that you have to be fired. ONE reason: Companies dont like to fire people. They get sued too much. Or, even when they "do" fire an employee, they keep the reason you left "under wraps" (that is, they dont disclose the reasons you no longer work there) because, again, they dont want to be sued. If you did get fired, then could not get hired because of that firing, that company could be held liable for demonstrating the reasons you were fired are valid. Bottom line: Go ahead and apply for TDIU. This is not a deal breaker. Its "quite ok" for
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