broncovet

Its unrealistic to expect VA to process a claim, even dependents, you added yesterday. You need to repeat this over and over, because understanding this may help you with VA claims: I will give 3 examples, all of which PROFIT VA (at your expense) to delay you. All of these have happened. 1. VA suceeds in delaying you "until you die", and your widow neglects to file a "substitution of claimanant" fast enough. Your family looses the benefits, VA wins. 2. VA delays you so long that your health declines and you get so frustrated you finally give up. VA wins, YOU lose. 3. VA delays your benefits through multiple, multiple denials, and delays, like they did me. I finally "won", but lost all of the interest and was paid at 2002 VA rates in 2020, with no interest, even tho, the stuff I bought in 2020 cost 2020 inflation prices, not 2002 prices when I applied. I estimated I still lost tens of thousands of dollars in interest INCLUDING THE FACT I lost my home because I could not afford the house payments. As long as it remains profitable for VA to delay your beneifts, expect it to continue. I mean, gee, I would. If you could pay your electric bill in 10 years, with no interest, why would you pay it today?

Lemeul: I think one question the OP was suggesting is are you represented by CCK or similar law firm, or PRO SE, or maybe a VSO?

You can search the NOVA lawyers by state. https://www.vetadvocates.org/cpages/sustaining-members-directory Its not unusual to have to contact a half dozen or mor attorneys to find one to work with. I did. There are about 28 million Veterans, and maybe less than 1000 attorneys to represent them. Even worse, Veterans law cases often take years, sometimes 5 to 10 years or more. Who wants to wait a decade to get paid?

I will restate what you posted, in my words, to make sure I understand what you are saying. Please correct me if I am wrong. You applied for benefits in 2020, but did not sign the application, as you had intended to file an ITF after you got more information which you did not timely receive. You said you received a decision which was "favorable" on some condition and unfavorable for others, and have yet to receive your cfile. DO I have it about right? Welcome to the Department of Veterans Affairs! If this were mine, I would NOT hire an attorney at this time. Instead, I would file a NOD disputing the issues which were unfavorable, AND disputing disability percentages you felt were LOW And, if you thought the effective dates were OFF, dispute those also. But I would just leave the favorably awarded portion alone. (When you file a notice of disagreement, you can dispute, any or all portions of a decision, and leave in place portions you agree with which are favorable, which is what most Vets do) That is, if denied conditon A, you can disagree with denial of condition A, but if awarded condition B, but you think it should be 80 percent, not 30 percent, you can dispute the percentage. Finally, if you were denied condition A, awarded condition B, and granted the percentate you wanted, but you felt you deserved a 2020 effective date, and VA said granted it from 2023 instead, you can dispute JUST the effective date, and the denial of condition A, if you so choose. You will need to make a choice "how" to appeal. There are options. A. Higher Level Review. Probably not for you, because this assumes you nave no new evidence. And, you probably have evidence that the VA did not consider, so dont use HLR. B. SCL. Supplemental Claim lane. Similar to above, stays at regional office, but you can submit new evidence. or, my favorite: NOTE: While my opinion is not shared by all, I think if you choose one of the 2 above you mostly will be wasting time and you will wind up going to the BVA, below, anyway. Sometimes, however, you can win with A and B above. C. Appeal to the Board of Veterans Appeals. While this takes a long time, the win percentages are in your favor. Big time. Yes, it will take years to resolve UNLESS you have a compelling reason for an "advance on the docket". Probably the most expiditious method of getting a look see at your file is to sign a POA with a local Veterans Service officer WHO HAS VBMS ACCESS. ASK them first, not all VSOS have VBMS access. There are hoops the VSO must jump through to be granted VBMS access, and not all are willing/able to do them. ASK before you grant your POA. You may be able to view your file online immediately and reivew it, perhaps print off necessary documents. AS far as you not signing it, my "opinion is" that you should be happy you are receiving compensation (I assume you are, from your post). VA benefits are "supposed" to be "pro claimant" and "liberally interpreted" IN YOUR FAVOR. It would appear they did that, at least somewhat. While I am suprised your claim was not returned for your signature I do know much stuff is done electronically, and I even did some insurance (private company) stuff online without a paper signature, all online. Indeed, lots of stuff is done online, without paper signatures. One of the first thing VA does is make an electronic record of your claim.

I agree with Pacman. The issue of whether or not the Veteran is unemplloyable, and/or whether or not its due to SC disabilities or not, or WHICH SC disabilities is a medical, or often a voc rehab counselor's opinion. Indeed, I won my EXTRA schedular TDIU claim (that is, I did not meet the percentage requirement in 4.16a) based on the opinion of a well written voc rehab counselors opinion. Extra schedular tdiu, in this instance, I mean a 4.16 B claim of less than the percentage requirments in 4.16a. If I recall, I paid 5 or 6 hundred for the voc rehab opinion and the counselor was recommended by my attorney, who won a remand at the cavc level. (This means I did not pay for the attorney, as the attorney fees were paid by EAJA). And, the attorney further suggested WITH THIS VOC REHAB IMO, HE FELT IT WAS SUFFICIENT TO WIN AT THE BOARD. It was. A 500 IMO saved me around 10 times that in attorney fees at the BVA. I got a VSO for the BOARD "only because" I know its hard to remove a POA, without putting in a new one, thus, I signed up with a VSO which removed the attorney, which is what he suggested. The attorney was spot on, and I got the best possible result at the lowest possible cost.

I will give this one a shot. First, I will provide a link to the so called "5-10-20 year rule". https://www.law.cornell.edu/cfr/text/38/3.344 If you notice, there is no "10" year rule in the above. That is because the "10" year rule is for serverance of Service connection, the above are for Reduction. One of the best sources for reductions/severance was published by NVLSP: https://www.tn.gov/content/dam/tn/veteranservices/learning/powerpoints/annual-training-2019/Tue 2 - Rating Reductions & Severance.pdf If you take the time to read over the link, above, you will see that its very difficult for VA to reduce your rating unless you "actually improve under ordinary conditions of life" or, of course, if you committed fraud in obtaining beneefits. Its my opinion that VA "probably wont" contact your private providers for the purpose of trying to reduce your benefits, "unless" they had a compelling reason to do so. When you signed up for VA benefits, to apply, you signed a release form to release information. (You may not remember it, because you probably signed a bunch of papers, but you would not have gotten your benefits without sufficient medical documentation of a disability). For most Veterans, "fears of reduction of benefits" is unfounded. This is generally true, espeically if you have not returned to work full time. IF you have returned to work full time, then, remember, VA benefits are designed to compensate you for your loss of earnings capacity and, if you are earning a living, well, maybe you did improve. The regulation states something to the effect that "it renders the average person unable to maintain SGE (substantial full time employment)." Note the word average. THATS because SOME exceptional people CAN overcome their disabilities and earn a full time income. Tammy Duckworth is a notable example of a 100 percent disabled Veteran who overcame disabiities to earn a full time income. She used to work at VA, now she is a Senator : https://www.duckworth.senate.gov/ My advice: Dont worry about a reduction. "If you do get a proposed reduction letter" contact hadit right away for help. I got 2 of them and beat them right away.

Who, hoss! While you COULD (possibly) crawl across America on your hands and knees, flying in an Airplane would be much faster and easier. In a similar way, you COULD file CUE on SMC S, but when you understand that filing CUE is "all about the effective date" AND, the filing date does not matter with SMC, simply file for it again. If awarded, your effective date for SMC S, should be the date you first became eligible for it. Its well known that CUE is harder to prove than a simple claim for ONE major reason: CUE must be undebatable While regular claims a tie goes to the Veteran, that is, the doctrine of equipose. (The benefit of the doubt goes to the Veteran) Why give up the benefit of the doubt (BOD) when you dont need to? Dont make your claim harder than it needs to be. Make it easier. File for SMC S again. No need to file CUE, it wont change your effective date. Reason: SMC is "inferred" whenever the Veteran meets the criteria. That is, he should not have to apply for it. Yes, the VA misses it and the Vet has to apply anyway. But, if awarded, the Veteran should still get the same effective date. In a regular claim, the effective date is the later of the date of claim or the facts found (the date the doc said you became disabled to the extent of the criteria) However, in SMC, you need not worry anout the "claim date"..its always the facts found, when you first meet the applicable criteria. Therefore, my advice: File for SMC S (regular claim, supplemental claim form) and dont file CUE for SMC S, for reasons above.

Im with you. The decision makes no sense. They granted "loss of use" of buttocks (but denied any higher levels of SMC). Those statements conflict each other. Thats like saying we decided to give you a pay raise, but we arent giving you any more money. SMC R2 is a massive amount of money (around 10k per month) and VA wont give that to you, until they beat you half to death with paper first. Here is what VA wont tell you: I think you are gonna need a pro to help you. Probably someone who knows SMC inside and out, like CCK law. You could appeal it yourself to the BVA (they likely would). Then, get CCK law to represent you at the CAVC tor represent you (for the eaja fees) and try to fix it again yourself at the board remand. But, the faster way is to call CCK law now, and let them handle it. That decision is so messed up I cant imagine them not taking on this case. They probably got the effective dates wrong, too. They probably used the date of the c and p exams. I dont think a HLR will fix this because there is probably missing evidence..you indicated her medical record indicated inocontinence 30 times, yet it was not mentioned. That probably means missing evidence under 38 cfr 3.156. I have at least 20 years practice with the VA, and have answered thousands of questions on this forum since 2007. I would not do an "R2" without professional help because its "above my pay grade". In other words, I would turn it over to cck law, or a similar firm, myself, and did so, 3 times..all resulted in remands at the cavc and 90 percent of my fees were paid by EAJA so I paid almost nothing for attorney fees. (But I did the BVA myself, but I would not do the BVA in regard to R2). I think it was Lemeul who made it to R2, and he is the only one I have ever known to get er done. Maybe he will chime in.

Its time for the "teenager method" that rarely fails me. Always remember: If you dont know what the teenager method is, here it is: If you want someting ask dad. If he says No, Ask Mom. If Mom and Dad, say NO, Ask Grandma. If Mom, Dad, and Grandma say no, ask your teacher, then tell Mom and Dad, "the teacher says we have to _________" Teens have used this for a very long time. Eventually, you get to someone who says yes. If employee A says NO, call on another day, another time and ask employee B. Remember, PEOPLE are DIFFERENT, and their views, including opinions about Veterans vary widely. Just because "they all work at VA" does not mean they all treat Vets the same way. Persistence works when giving up and quitting almost never does. This should work for VA, and it should work for your local government also. REMEMBER< THO: EXTRA CREDIT: Instead of being revengeful, be THANKFUL. People will remember you when you "show appreciation" and they will want to help you next time, too. Thank them, and show appreciation. Do something nice for them, such as tell their boss they are doing a good job (if they are, dont lie, it messes everything up).

When you filled out your tdiu form, "which" disabilitie(s) did you say caused tdiu? That is, look on your tdiu form, the one you filled out, in your VBMS records before moving forward on this. If YOU said it (your tdiu was due to all disabilities) you will have egg on your face in this appeal. BUT wait!!!! You may consider appealing the effective date! Check to see if you had any record of showing the VA that you were unemployed/unemployable when you first applied. (Assuming you were not working). Go for extra schedular, if necessary. What ever you do, file that NOD on time. Grab that decision, and as much of your cfile as you can..and see if you can refute the effective date/and or SMC S. Dig deep.

They usually dont take but 60 to 90 days, but with Mr. Haskel passing, all bets are off. The widow has a reasonable period to file substitution of claimant. (That may be a year). Then, the widow needs additional time to obtain consul. Then, the records need transferred to the new attorney and, the attorney has to have a reasonable time to review them, plus time to file documents. Remember the court will be sympathetic toward widows, as they should be, and also to attorneys, who just took over the new case. WILD card: Probate. That is even worse. The will may have some say regarding assets and some of those could well be related to future VA earnings, such as pending claims..and that may well need to be probated, because those future earnings could well have monetary value. Yes, the logical place is for those to go to the spouse, but people have a right to decide "who" to leave their property to, and that would include pending VA benefits. I have not read Mr. Haskel's will, and I have no idea if the will is disputed or not. That could make it a long drawn out affair. There could be a fight to decide "who" gets to be substitution of claimant, especially if its a complicated family with divorces, multiple marriages, blended famalies, etc.

The VA has "hoops" to jump through to try to reduce your 100 percent p and T rating. Generally, it means that your condition "not only" has to show improvement, but it has to show SUSTAINTED improvement (not just improvement on one exam or on one day) "under ordinary conditions of life" which are not due to Sustained rest. Read it yourself: https://www.law.cornell.edu/cfr/text/38/3.344 I have read it at least 20 times. NOWHERE does it say anything close to "When a Veteran applies for an increase, reduce his rating instead". That is an old wives tale. Snake oil. Dont buy that snake oil. Instead, apply for any benefits to which you deserve. The VA can reduce your benefits, but NEVER just solely based on you applying for an increase. They have to comply with the regulation, above. And, if they dont, you can protest the proposed reduction, or appeal it if they do reduce it.

I think you mean a "lay statement" to establish Service connection, that is, to establish you experienced an "event in service" or symptoms which led to chronic sinitus. "IF" you were exposed to toxic substances and "they made your nose run", one or more of your buddies can write a letter that they observed you with a runny nose whenever you got close to the area where these toxins were stored. OR, Your buddy could report he observed you with a runny nose, perhaps, during meals, where you had to wipe your nose on your sleeve. Finally, your buddy can testify he saw you hit in the face with a (object or fist) causing a nose bleed). These are some examples, dont use mine. Your doctor needs to document symptoms. But lay statments (buddy statements or personal statements) can be useful in establishing an SC in service event. I read somewhere where the VA can not "disregard" your lay statements "based solely on the fact you are an interestd party". In other words "just because" you do have something to gain from making a statement, does not "in of itself" mean the statement is false. Do be truthful, because they will use other things, such as other statements you make, to decide if they think you are being truthful. If they catch you in one lie, then they tend to disregard your entire testimony. So, be truthful and dont get caught in a lie, by telling the truth. I was awarded benefits by the BVA because, the board "found my testimony consistent with known facts" and therefore, credible.

As far as children's ID card, IDK. You can look here for yourself. https://www.va.gov/family-member-benefits/#benefits-for-spouses-dependent. It may or may not be in there. Some times stuff like this is "base policy" and can vary base to base. The peron in charge of the miitary base decides who is let on base, and when, and these id cards are mostly for that..to buy stuff on post. But it may be useful for other things, too.

Unfortunately, NO. This is not the first time the VA just simply "forgot" to address one or more issues, as they indeed did with my claim. The Board of Veterans Appeals has an obligation to provide a reasons and bases for decision. However, there is something called a "deemed denial". If the Regional office DID NOT address your issue of "Chronic Fatigue syndrome", you can do one or more of the following: 1. File a CUE on the decision arguing they failed to comply with the board decision (regarding Chronic fatigue). You can allege a violation of 38 CFR 3.103 as it states that "claimants have a right to a written decision" and you have not received a written decision on your chronic fatigue issue. Source: 2. Appeal said decision to the Board/and or via supplemental claim.

My take on this, based solely on what you posted, is that you should win, with a caveat that an effective date has 2 parts, not one: Your effective date is the LATER of: 1. The date you applied. OR 2. The facts found. This means the date(s) YOUR doctor said you were "not only diagnosed" but you also had symptoms consistent with a higher rating. Thats the part IDONT KNOW. There is something called a Fenderson "staged" rating possible. This happens when your symptoms increase over time. So, its possible you get 30 percent from 2002-2006, then 70% from 2006-2010, etc., consistent with the facts in your case. WHAT you should do: Be prepared. Have a list of your symptoms, and when the doc documented them, which you took directly out of your medical records, so you can answer questions relating to "the facts found", that is, quickly find the exam which documents criteria in the mental health: Source: https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRfa64377db09ae97/section-4.130

Based on your post, yes, I would guess you would meet the statuatory smc s criteria, which is a single 100 percent (tdiu counts, but IDK which disabilities vA counted as rendering you unable to work). That should be in your tdiu decision. Additionally you need a combined 60 percent seperate and distinct, and, again, I have not reviewed your file so IDK that either. You wont be able to do these until you receive your decision, at least can download it via ebenefits/va.gov. You need that decision to make choices below. I agree with broken soldier its often missed, so you need to fight for it. To do that choose one or more of the following: 1. File CUE based on failure to maximize as the va should have awarded smc s if you meet the criteria. 2. File an appeal, and choose which route. HLR, BVA, etc. To decide that you should review your file to see if they have all the key evidence. If something is missing skip HLR, and opt for SCL, or BVA. 3. Do nothing and miss out on your smc s. (Not recommended)..

Ok. Here is a sad truth: When VA calls and sets you up with their c and p examiner, "this examiner is presumed competent" UNTIL/Unless You or your representative challenge the competency of the examiner. But, when you pick the examiner, you get no such presumption. YOU have to demonstrate the competence of the examiner. Of course, its probably because Veterans have tried stuff like having their brother in law, who has a phd in physical Fitness, render a competency opinion on your diabetes, when he has zero training on diagnosing and treating diabetes. A "doctor's degree" (Phd) is not good enough unless he/she can demonstrate he/she is an expert witness in your issue. (Knee, hearing loss, back, etc) The va doc gets a presumptive, your doc does not.

Wow! Thursday! Thanks for the heads up. I already have a USAA account, I just rarely use it. It may be worth switching to get it THAT early. I know why banks do that! Its about money. Theirs. You see, they can loan out money daily. They can earn interest for 3 days. If you had 1000 customers, each depositing 4000 dollars, for 3 days, that's $4,000,000. (4 million) times 5% (at least..that is the money market rate altho they often dont pay you that). Thats worth about $1643 for the bank to delay the money to you and earn the interest on it themselves. If its a big bank like chase, Its in the millions of dollars.

Welcome to hadit. Two things: 1. Have the doctor submit his/her CV. (Its sort of like his/her resume, detailing professional training and experience.). Your doctor needs to demonstrate he/she is an "expert witness", and has considerable professional training and experience treating and diagnosing your type of injury/illness. This like "board certified in Orthopedics" is great. 2. VA LOVES to search for the phrase "at least as likely as not". In other words, "the Veteans hearing loss is at least as likely as not due to noise exposure from loud guns and jet engines exposure during military service". Keep the CAluza's in Mind: A. Current diagnosis. B. Event in service. C. Nexus. You cant have a nexus, "without" an event in service. A doctor can not create an "event in service", that needs to be in your file. A doctor who examines you in 2024, can rarely testify he saw you injured in 2006 in the military carrying a 180 pound back pack. Why? Because he was not there. However. A buddy of yours who served with you can testify, "Yes, we had to carry 180 pound back packs for 12 miles. Most of us either hurt our backs our our ankles that day. It was brutal". Your buddy can testify he saw you and maybe also carried that back pack, because he was there. Your doctor, can opine that 180 pound backpack carried for 12 miles a day, every day for 12 weeks is at least as likely as not the reason you have a back injury.

I was happily suprised! I did not expect to be paid until Monday. I found out, "when" we get paid has a lot to do with which bank we use. I have already switched my Social security to "my other bank", and poof, it came on Tuesday, not Wednesday, like it always used to come. But, Im nervous about changing VA deposit bank's. Why? Because if someone (including ME!) messes something up my life will be miserable for months or years..if I know how VA works. When I changed my bank for social security, they sent me a letter informing me of the change about 3 months early. While it did not happen fast, it was safe and secure. Did others get paid Saturday? (Today) Im curious.

This sounds like a proposed reduction, but thats unclear. Did your doctor say you were well after 2.5 months and a tkr? Because most people take much much longer, like a year. I know. I got a TKR, and it took a year or more. I still dont like to get down on my knees, and the surgery was in 2017

Welcome to hadit. Sometimes, when dealing with VA, less is more. For example, you posted: This is somewhat true, but not necessarily so. You can be disabled from social security, but it depends on what social security counted you disabled FOR. It should show that in your SSD letter. THose disabilities need to be SERVICE connected, or at least those you are seeking service connection for. As an example, if you were disabled from a car accident after military service for social security, that wont get you disability with VA, as its not service connected, because your car accident was after service. So, be sure you have, or are going to seek VA disability compensation for all the disabilitiy conditions listed on your social security disability. Social security will count you disabled if you are disabled for any reason. VA insists your disability is from service connected conditions. I suggest you leave in the parts about suicide ideation, and psychiatric treatment. If you have been treated by a private (not VA) doc, include the doctors name, and, you will need to sign a release of information if you want that as evidence. However, I would NOT include anything getting legal representation, addiction to opiates, or how hard you work. Remember: Now, Im "Sargeant FRiday" (Just the facts maam). I like to plug the facts into the Caluza elements, which are required for service connection. 1. Military Service: Edwards AFB (dates of service). I was exposed to TCE contamination was found in soil and groundwater at the base. Edwards AFB is apparently a Superfund site due to this contamination. Source: EPA :https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0902725. I seek benefits under the pact act. I also suffered a TBI. (Show evidence of time, place of TBI in service) 2. I seek VA benefits for the following: my claim for benefits related to my diagnosis of Parkinson's disease, and Chronic Pancreatitis as well as other diagnosed illnesses, in which I believe are connected to my military service, TO INCLUDE MENTAL HEALTH DISORDERS as so diagnosed by a doctor, and (TDIU). 3. Now, you need a nexus. Check your medical records, and see if a doctor says your (conditionS) are at least as likely as not due to exposure to TCE or other toxins, or to TBI. Good luck to you, sir. Do you have a local VSO? Given your TBI, and your experience with SSD, you may need some help with VA, also. You may be able to find a VSO at your local VA medical center. Keep us informed, we can help with denials and much more.

Welcome to hadit. Now, some bad news and good news: First, the bad news: You probably dont understand it. VA compensation is paid "in arrears". Nobody gets paid because they think they will be disabled next month. Instead, you get paid for last month. And, VA "does not pay" a part of a month. Full month or none. Therefore, if your effective date was April xx, then your first check would be the first day of the month FOLLOWING APRIL, (aka May)or the first of June. Dont feel like the lone ranger, most vets get it wrong by a month, for reasons I just posted above. Now, the good news, which could be very good. VA has gotten every one of my effective dates wrong, I appealed them, and eventually won. Shorting you on effective dates is the VA 3 most favorite thing, after delays, and denials. You should carefully review your decision and, you may well need your records at hand, to see if you should have gotten: A. A higher percentage (VA loves to lowball) B. Hornswaggle the effective date. My first question is are you working..if you are not, and it is because of sc conditions, then you should be 100 percent or tdiu. The regulations state the effective date is the later of your claim date, or facts found, (the date the doc said you were disabled). But there are multiple exceptions, and see if one or more of these apply to you: 1. If you applied within a year of your military discharge. you should get an effective date back to date of discharge. 2. If you were seeking an increase. 3. If you submitted new evidence. 4. If there was a change in regulations, such as AMA, pact act, etc. 5. If you are Nehmer class, or Pact Act. 6. If va committed clear, unmistakable error that was "outcome determinative". (There are probably others, but, heck, maybe Im in a senior moment)

Correct, by Broken soldier. HLR "specifically excludes new evidence". I am actually not sure what happens when the Vet tries to submit new evidence to a HLR. I have "heard" that they either drive toothpicks under the Veterans fingernails until they promise never to try to submit new evidence on an HLR again, or take your first born child. Broken Soldier may know which, but I would not recommend giving up your children. There is some talk they may convert an HLR to a supplemental claim or BVA appeal, but that has never been proven to suit my taste. For now, if you do try to submit new evidence with an HLR, wear thick gloves so that toothpicks can not be driven under your fingernails, and tell your first born children to hide whenever the VA (or the FBI/police comes around. In the future, however, take NOTE: Now new evidence with an HLR.