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broncovet

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broncovet last won the day on January 23 2018

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About broncovet

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  • Service Connected Disability
    100
  • Branch of Service
    Navy

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  1. Look at it this way: Not many people complain when they are awarded benefits. However, if you were denied, and they did not do the requested review, then you can complain about that in your nod.
  2. I never cease to be amazed with the VA's "creative methods" of hornswaggling Vets. However, "losing the claim" is an old one. My advice is to re submit it, probably online thru ebenefits. Remember, the va has financial incentive to lose our paperwork, so they have gotten good at losing it. Also, have you checked vbms to see if it shows up there? I guess you know you are entitled to a written decision because of 38 cfr 3.103
  3. If you have CCK and woods and woods, well, you have some of the best. What did they tell you about this? Your effective date is the later of the "date of claim" or facts found. The facts found usually means the date the doc said you were disabled. New service records (38cfr 3.156c) should apply here, since you indicated the records were eventually found. If you applied within a year of exit from service, you could get an effective date back to your date of discharge. Since I havent read your file, I suggest you do as ccklaw, and woods and woods suggest. If you have 2 giant law firms working this, they obviously think you will win.
  4. To VA "one week" means a trip to the water cooler takes a week. While I completely get your frustration, we have no choice but to wait. Well, there IS an alternative to waiting, but its a drastic one. (The va took 3 years for a remand for me). You are getting close to this. IF you have your documentation of iris inquiries, as well as phone calls documented (time, date, who you spoke to and their response) consider filing a writ of mandaums to compel VA to comply with the remand order. (VA is supposed to give expiditious treatment to remand orders). My advice: "File an intent to file a writ of mandamus", something like this: (On a 21-4138) "Notice of Intent to file a Writ of mandamus" On (dd-mm2018) the BVA issued a remand order. Even tho this remand "specifically states" that expiditious treatment is required, 2 years have passed with no movement, and no advisment on "when" the remand will be complied with by the VARO. Therefore, UNLESS compliance with this remand order is received by (give them 30 or 40 days), a writ of mandamus to compel the VARO to comply with the remand order will be filed. Signed, Joe Veeteran dated May 20, 2020 Send copies to: 1. Evidence intake center 2. Your VSO if you have one. 3. The white house hotline, "if" you can obtain a fax number, email, or mailing address" (White house, Washington DC. Attention Donald Trump. Dont make an idol threat, FILE a writ of mandamus if they dont comply. The "fur will fly". How do I know? I filed a Writ of mandamus, Pro Se, in 2008. The judge ordered the VARO to "respond" to my complaint. The VARO manager sent a response..basically promising to "get on it" in 30 days..and asked the writ be denied. The judge denied my writ, but, low and behold 3 weeks later I got the decision in the mail: 100 percent P and T granted. I dont care that much the writ was denied, I got what I asked for!! INCLUDE in your writ, your attempts to get VARO to comply, such as your iris emails, and white house hotline call documenttion (date, time, who you spoke with, and their response..name names!!!) If you are just mad the va is taking too long, and you dont do anything but file a writ, the judge will just deny it. But, if you documented you tried every other available means..to no avail, then the judge will order the varo to "respond" to your complaint. A writ should be the last straw, not the first. heir Its my opinion the VARO is "petrified" the writ will be granted. Why? It looks very very bad for them...the CAVC is a public record, and your varo manager would have the very dubious distinction, of angering a vet so much that a writ was granted. Its my opinion that it would be "exceptionally difficult" for that manager to ever get promoted if they had that on their record. Instead, they would be the lauging stock of the whole VA.
  5. Try reaching Patrick Clifford. here. I have messed up his name..sorry. https://www.linkedin.com/in/patrick-clifford-038a0254
  6. HOW LONG ago was your bva award? VARO is supposed to implement BVA awards expiditiously. You may need to stir the fir, also.
  7. It means nothing. You should stir the fir. 1. Send an IRIS inquiring as to the "status of bva remand". (bva decision date) 2. Call the white house hotline if no action. VA loves to delay. You have to stir the fir or they could still be delaying a year from now.
  8. You are gonna have to wait for the envelope. And, yes, you should file and yes, you should appeal any decision you dispute.
  9. Yes I have good news. Thse va employees are lying. There is a fast letter out that prohibits partial grants being delayed. https://hadit.com/implementing-bva-partial-grants-fl-10-02/
  10. The VAMC has "taken a page out of VSO's playbook". Whenever the Veteran calls and asks for information, the VSO, once they have secured the valuable POA, is required to return no more than 1 percent of the calls made by the Veteran. 99 percent of Veterans calls shall be ignored. Now that VA has implemented this new policy, they start by feeding you with BS, just like the letter above. VA thinks Veterans are mushrooms...they keep us in the dark and feed us BS. Seriously, you are going to have to wait for VA's response. Their response time is "as usual", when the VA gets a Round Tuit.
  11. Getting a lawyer is a good choice, however, even if you do, you will still need a statment that you are unemployable. However, this statement will need to be MEDICAL evidence of 1 or 2 ways: 1. A Doctor will need to sign a statement that your sc conditions render you unable to maintain SGE. OR 2. A voc rehab specialist will need a similar opinion. Clifford Parker is the Voc rehab specialist I used, he wrote the letter, after reviewing my evidence, and then wrote an IMO. It was reasonable, under 1000 dollars. He took 2 payments on my credit card. A lawyer "may" up front that cost, but you would have to discuss that with the lawyer.
  12. Congratulations! "I wonder" how they get the retro wrong so often, "and" most of the time Vets dont catch it.
  13. ITS a bogus reduction proposal "hoping" you wont protest it or wont know how. You have just proved my point, there is no such thing as "poking the bear" at VA, and "fear of reduction" is a bad reason to not seek all the benefits to which you deserve. Instead, get all the benefits you deserve and read this over to see about reductions. This is why your reduction is bogus: Source: https://www.law.cornell.edu/cfr/text/38/3.344 Send in a 21:4138 disputing the "proposed reduction" on the bases which applies to you, above. Since PTSD is a "psychotic reaction" the VA cant reduce this on any one exam. Of course this assumes you have been rated with PTSD over 5 years or are P and T, as explained in 38 CFR 3.344 (c). As Berta says, the enemy has guns, but we have guns, too. Use the regulations. I have had 2 proposed reductions, the first was overturned, and the second is the same as the first!!!!! The VA cant get it through their thick noggin that my dependents did not change, I did not get a divorce and dont have multiple wives!!!!!!! Altho my wife watched the show "Sister Wives", not everyone who watches that show runs out and gets multiple wives. My wife has "nixed" the idea of multiple wives, and its a mutually agreed upon idea. I have difficulty enough keeping "one" wife happy, and dont need the challenge of trying to keep 5 or 6 wives happy. My newest proposed reduction will also not fly. Frankly, Im not even worried about it. If I need something to worry about, I have plenty already with corona virus. However, I have taken to heart my pastor's sermon on "Pray more, Worry less". As my father used to say, "Worry never robs tommorrow of its sorrow, only today of its happiness."
  14. It seems the VA changed the term "fast letter" and now calls them "policy letters". Hmmmmm. Here is an example on effective dates, after Feb. 19, 2019. Source: https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000143009/Policy-Letter-20-01 Policy Letter 20-01 Article ID: 554400000143009 DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 March 19, 2020 Executive Director (00/21C) In Reply Refer To: All VBA Regional Offices and Centers Policy Letter 20-01 Subject: Effective Date Provisions for Supplemental Claims for Compensation and Pension Claims Filed Within a Year of a Decision from the United States Court of Appeals for the Federal Circuit or the Supreme Court of the United States. Purpose This letter is to inform regional offices (ROs) that a supplemental claim filed within one­ year of a United States Court of Appeals for the Federal Circuit (Federal Circuit) or Supreme Court of the United States (Supreme Court) decision-is considered a continuously pursued claim and can be afforded the effective date protections outlined in 38 United States Code (U.S.C.) section 5110 and 38 Code of Federal Regulations (CFR) 3.2500(h)(1). Background The Veteran Appeals Improvement and Modernization Act of 2017 (AMA), overhauled VA's appeals process and provided Veterans, their families, and their survivors with increased choice in handling disagreements with VA's decisions. The AMA also included safeguards to ensure claimants receive the earliest effective date possible for their claims. Among those protections, 38 U.S.C. 5110 was amended to allow an effective date of an award to be as early as "the filing of the initial application for a benefit if the claim is continuously pursued by filing... a supplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Court of Appeals for .Veterans Claims issues a decision." VA further delineated these effective date protections for continuously pursued issues in 38 CFR 3.2500(c) and 38 CFR 3.2500(h)(1). However, following a Court of Appeals for Veterans Claims (CAVC) decision, claimants can appeal a CAVC decision to the Federal Circuit. Moreover, following a Federal Circuit determination, claimants may request certiorari from the Supreme Court. While the effective date protections afforded in the AMA did not explicitly extend protections to supplemental claims filed following decisions from the Federal Circuit or the Supreme Court, the Veterans Benefits Administration made the policy determination to extend these protections liberally. VA will construe the appeal to the CAVC to continue through the completion of any further judicial review of that same appeal for continuous pursuit purposes. As such, similar to CAVC decisions, valid supplemental claims for the same or similar benefit, filed within one year of either a Federal Circuit or Supreme Court decision, are considered continuously pursued. Furthermore, a valid supplemental claim timely filed after a Federal Circuit or Supreme Court decision, must be afforded the effective date considerations noted in 38 CFR 3.2500(c) and 38 CFR 3.2500(h)(1 ). Guidance Effective immediately, claims adjudicators must consider supplemental claims for compensation and pension benefits filed within one-year of a Federal Circuit or Supreme Court decision as continuously pursued claims and apply the provisions of 38 CFR 3.2500(h)(1) when adjudicating the claim. Questions Questions relating to Compensation Service benefits can be directed to the Policy corporate mailbox VAVBAWAS/CO/211 Policy. Questions relating to Pension and Fiduciary Service benefits can be directed to the Policy and Procedures corporate mailbox VAVBAWAS/CO/P&F POL & PROC. /S/ Beth Murphy Executive Director Compensation Service Ronald Burke Executive Director Pension and Fiduciary Service David McLenachen Executive Director Appeals Management Office
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