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broncovet last won the day on January 23

broncovet had the most liked content!

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About broncovet

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    E-9 Master Chief Petty Officer

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  • Service Connected Disability
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  1. broncovet

    Tdiu awarded question

    Yes, there is a way to check. Go pick a sunflower, number petals odd or even and write a date on each. Then pick them out of a hat. That will be your date. Its actually more reliable than ebenefits.
  2. They could be holding off, but that is contrary to a fast letter they published on something called "partial grants". Interestingly, this fast letter has apparently been taken down, and no reason has been explained. The fast letter said that they were not supposed to withold retro, when a Veteran is awarded a partial grant, even with other stuff pending. They are suposed to pay you. As I said, this fast letter has been taken down, but I dont know why. How long has your retro been held up? If its been less than 6 months, this is not a "hold up" for VA..this is what they define as expiditious..in all cases except those involving VA employees, who get everything straightened out in 2 weeks, no matter what, leaving Veterans sometimes decades to get stuff fixed.
  3. I dont recommend submitting a new position for equitable relief. Instead, try the methods I posted earlier: Appeals, Reopen due to new and material evidence, (38 cfr 3.156 ) file a new claim or file a motion to amend the decision based on Clear Unmistakable error, in that order. The highest bar to jump over is CUE, so dont make it harder on yourself if one of the other methods work. The Secretary has already turned down your position for equitable relief (for whatever reason), and its unlikely that resubmitting that over and over will do anything but alienate the VASEC, as Alex has pointed out, there is no appeal for equitable relief. The BVA all is under the VASEC, so if the boss says no, what are they to say? You need to "win" your benefits, and to do that, use the tools I posted earlier. Dont keep beating your head against the wall. Just look at the goal and look to the fastest/easiest way to get there. If you submitted new and material evidence, then reopening may be the fastest way, while preserving your effective date(s).
  4. My advice is to wait for the envelope, and dont rely either on ebenefits or someone's interpretation.
  5. Tatoo this on your arm, if you are unsure:
  6. I would surely like to see the one Amvet's has. If its an official VA form, then those are available online. Here is one I found, that looks like it would work (second page): http://www.nd.gov/veterans/files/resource/Nexus Letters.pdf
  7. Suprise Suprise! VA docs wont (usually) write a nexus! Imagine that, considering VA pays them. YOu will need an IMO/IME for mental health conditions in order to get service connection.
  8. The trouble with this, Alex, is "Chevron Deference", aka the "Auer" defense, where Agency Interpretation prevails. So, if the VA "decides" to interpret these regulations in a totally unfavorable, and even inconsistent with the regulations as written, the agency interpretation still prevails. This is the same reason that "deemed denials" appear to conflict with 38 CFR 3.103, which requires a written decision: In pertinet part, Ingram states: The apparent resolution between these is that Agency Interpretation prevails, and VA is allowed to indefinately postpone a decision on any Veterans claim, for any period of time.
  9. Go to the facility you wish to attend, and make an appointment or call them on the phone. You may/may not (probably not) get travel pay to the new, further away facility. No, you are not likely going to be "choiced out" to the community. VA is cheap, and they dont want to pay for your health care unless they have to, that is, if you are over 30 miles from the nearest VA. They expect you to go to the nearest facility, and, if you want to drive further to a different one, you can do that but dont expect VA to pay travel pay. To accomplish a more permanent change of VAMC (after you are sure you want to do this), tell your prime care doc in the new facility you would like your records moved there. I dont recommend you move your records until you are sure you want to change. Chances are good most of the problems at VAMC facility "A" are no better than facility "B", with some exceptions. The grass isnt always greener on the other side, once you "get up closer".
  10. You wont know what it means until you get the envelope. It sounds like this is a SOC, which means you need to send in the I9 to continue your appeal to the BVA. I dont mean to be the bearer of bad news, but I see "nothing" that suggests you were granted an increase. As always, wait for the envelope as ebenefits is unreliable. Did you check the AB8 letter?
  11. We are trying to help you here. As has been pointed out, your petition for equitable relief has apparently been denied, and is not appealable. So, you have some choices, here: 1. Give up. Not recommended. 2. Try to locate, in your cfile, at least one instance where you submitted New and material evidence, 38 CFR3.156 b or 3.156 c. 3. File (again) for your requested benefits, since you posted you are apparently not interested in the retro that an earlier effective date (EED) could bring. 4. Consider reviewing your VARO/BVA decisions for instances of CLEAR Unmistakable Error. 5. If your BVA decision was within the past 120 days, you or your attorney can file a NOA. (Notice of Appeal). 6. Enlist the help of a representative (or attorney) to do the above, except, you dont need a representative for choice 1. An experienced attorney may also have a few other ways to get you your benefits. One way may be he may notice you have a "pending claim" you may have forgotten about, or that was never adjuticated.
  12. Can you scan and post the "nexus form"? I would like to see it. The Caluza elements are established Case law, omit or disregard them at your own peril, when seeking benefits. A "medical discharge" can be evidence, but does not necessarily mean you will get VA benefits. However, it could help you document an in service event, especially with your knees. (You posted that your medical discharge was about your knee). EACH condition needs the caluza trio to be service connected.
  13. VA compensation is designed to compensate Vets for an average "loss of occupational impairment". Its kinda tough to argue you have a loss of occupational function if you are working full time. However, Max Cleland, Senator Tammy Duckworth, and the Late John McCain are all 100 percent Vets who work full time, as they have overcame their disabilities. The problem lies when you have a 100 percent disability for a mental impairment, and then work full time. The VA does not seem to have a problem with people who are missing arms and legs and overcome this and go to work. However, if you look at the criteria for 100 percent for mental disorders, you will see that it says, "Total occupational Impairment". This isnt really compatable with working, unless you are working in what VA calls a "protected environment". If you watched Duck Dynasty, "Si" was an example of working in a protected environment. Most people would not hire him, but family members seemed to think he deserved it. You would have had to seen the show to understand. He was hilarious.
  14. A development letter is not the same as a decision.
  15. Yes, VA doctors "can" sign a nexus form, and you "can" also win the lottery, too. The trouble is, there is no VA "nexus" form...an intentional oversight. If your doctor is an "expert" in his respective field, he can provide a nexus. It needs to be very close to this: 1. The doctor states he reviewed your records and gives you a CV of his/her qualifications to make a professional opinion. 2. The doctor states "its at least as likely as not" that your (diagnosis) is related to "xyz" event which occurred during your military service. He then needs to explain why. (medical rationale). If your doctor does not do 1 and 2, above, expect your claim to be denied.

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