broncovet

Sadly, This happens frequently enought there is actually a regulation which addresses it. Remember, there are 2 parts to this and the VA will likely make you go through both parts: 1. Getting Service connected, along with a disability percentage and 2) getting the effective date you deserve. Expect that you will have to fight VA tooth and nail on both issues, and you wont likely be disappointed: 3.156 New and material evidence. (a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108) (b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501) © Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met; (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and (iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim. (2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. (3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a))

I guess you mean a rental home, and I agree. How would you know if the people moved out? There are many reasons to hire a property manager for a home far away, but yours is just one. They usually are not that expensive, but stick with a well known company, after all they will be handling your rent money and deposits.

What are you doing in the year 2028, or maybe 2030? I applied in 2002, and now, 13 years later, Im maybe "getting close" to getting things resolved. I hope you have better luck than the rest of us. Whatever you do, keep a copy of your SMR's, this is the VA's favorite method of delay/denial is to lose your records. But then, who knows? YOu could get your benefits in as little as 10 years, like some have. Back in 2002, when I applied, a guy told me he had been waiting 5 years. I did not beleive him, doubting it could ever take 5 years no matter what. Im eating those words. However, one gal used to post here, got her claim done in 6 months...how? She sent her records in with her claim..copies, of course, and kept the originals.

The criteria for housebound (SMC S) are as follows: 1. Statuatory: If you have a single disability at 100% and additional disabilities combining to 60%, you are eligible for SMC S. Bradley vs Peake shows that you CAN meet this criteria with IU. OR 2. HOUSEBOUND IN FACT: You are "substantially confined" to your home due to SC conditions. (And have medical evidence of same). "Substantially confined" was defined by Howell, above. I simply do not know if you meet this criteria or not.

Z The CAVC is the Court of Veterans Claims, and is for Veterans only. In service is a whole new ball game.

Ask Nod did a good job explaining housebound, SMC S. In summary, "housebound" in VA speak, means a Veteran can not leave the home FOR WORK. Many Vets seem to think they can not leave their home AT ALL to get housebound. https://asknod.wordpress.com/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ Apparently Mr. Howell was denied SMC S because he showed up for a C and P exam, and the VA concluded he was not "housebound" if he could show up at the VA for an exam!! This "catch 22" needed a resolution, as this would mean no one could qualifty for SMC S. The VA would order a C and P exam, and, if you failed to show you were denied for failing to show, and if you did show, you were "obviously" not housebound as you left the home to get an exam. This backfired for VA. Instead of closing the door to SMC S, it opened up the gate, because the court looked back at Congress's Intent: The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all. End of Ask nod quote.

More paperwork. That's all we need...there are not "enough" VA forms, we have to file a NOD, on a NOD form, now. They were supposed to streamline this, not increase its complexity. "Intent to file", suggests we have to submit more forms "to actually file". Next we will have to file an "intent to file" an "intent" to file for benefits.

If you dispute the denials, then file a "Notice of Disagreement", most likely ask for a DRO review or DRO hearing.

DRO vs BVA is controversial. I will offer my take, since I have been awarded benefits both at the DRO level and at the BVA also. 1. If you elect DRO review or hearing and lose, you can still appeal at the BVA. However, if you do it this way, it could take longer. (It could also be shorter, if you are awarded benefits at the DRO level. 2. If you decline DRO review, then understand a trip to the BVA currently takes about 3 years or so. 3. A DRO review means you get "another bite at the apple", that is, one more person "can" award you benefits. 4. The "downside" to the DRO review is mostly time. It takes longer to go to DRO- Review, then BVA, than to just go "straight" to the BVA. My suggestion is that if you have "new" evidence, then go for the DRO. If you dont have any new evidence to submit then go right to the BVA.

The NVLSP explains Extra Schedular IU. http://www.purpleheart.org/serviceprogram/Training2014/ExtrascheduluarIU.pdf

I sometimes use BVA decisions, but, instead of citing the BVA decision, I cite the precedential decision they cite. This way, I avoid all the "non precedential hocus pocus" the VA loves to throw at us. If you carefully read the applicable BVA decision, they often cite a precedential case. Use the precedential case instead.

Here is the deal: The VA is used by politicians to "show favor" to people who have helped them win elections. This means cushy contracts and great paying jobs for very little work. Further this means, to taxpayers and Veterans that money that should be going to Veterans is squandered on wasteful spending, and lucrative contracts. Ebenefits is a great example, along with healtchare dot gov. Healthcare dot gov cost something like 200 million for a site that barely works and does not work well. It should be 10 million, but 190 million is going into peoples pockets that help the president get elected. Same thing for ebenefits. Its a high priced, low quality product, designed to overpay well connected contractors at Veterans expense.

Its my humble opinion you are unlikely to get 100 percent while working. If you look at the 100 percent criteria, they suggest you have problems everywhere, social, relationships, work, family pretty much everything. The big reason most people get 100 percent of a mental health issue is that they are unable to work, and the VA does not want to process a TDIU application..its simpler to award 100 percent.

Sorry, root beer, while what you say is possible, it is more likely they are updating the system, not your claim specifically.

Once you understand that VA is NOT a unified body, it will help. People often ask, "What will the VA do in x circumstance". Here is a real example: A veteran submits a claim with a y nexus, an x disability, and z symptoms. He is looking for benefit Q. 1. Regional Office "ST. Pete" denies Q. However, Employee R, disagrees and awards it in the DRO review. 2. Regional Office "Indy" awards benefit Q but assigns an incorrect effective date. 3. Employee "H" of the Cleveland RO denies benefit Q, and loses half the Veterans C file, meaning appeals will take 10 years. 4. Employee "R" of nashville awards benefit Q, but then forgets to enter it into Vacols, so Veteran never gets paid, and has to appeal to get what he should be already receiving. 5. Employee "B" of Buffalo, shreds the Q claim, but awards "R" at zero percent, and reports the Veteran to the VAOIG for travel pay issues. Travel pay issues turn out to be bogus, but employee b is upset and retaliates on Veteran by inserting veterans file into another Vets file, knowing this will cause 10 year delay. ....it keeps going, and this is with the same claim. When people ask, "what will the VA do when"...there is never a consistent answer.

Keep saying this over and over until you get it: The VA, including the VSO's, the raters, other VA employees, VSR's, and even top notch official right down to the peons will tell you almost anything to get you off the phone. When you say "she says it will be 70%", see what I posted above. Wait till you get the letter, if its inaccurate or wrong, appeal it.

It will be very difficult for VA to deny you TDIU IF social security has determined you are disabled by the same conditions that VA says are service connected. Check you ss award letter and see the reasons they say you cant work. If those reasons are all service connected by VA, you should be get TDIU.

Your ability/lack of ability to maintain substantial gainfull employement is a medical determination of fact. Your boss can fire you saying you can not do the work. This does not mean you can not do ANY job, it means that you did not do THIS job. You can be unemployed because the company shut down. That does not make you eligble for TDIU. Your doctor has to make a medical opinion that you are unable to maintain SGE because of SC conditions. Its a critical piece of evidence you need for IU. There is a big difference between unemployed and unemployable due to sc conditions. You are unemployed if you lose your job for any reason. But, you are unemployable ONLY if your doctor says your service connected condition render the average person unable to maintian SGE.

Yes, there are exceptions. 38cfr 3.156 a,b, and c are one set of exceptions. Other exceptions are those decisions containing CUE. Still more exceptions are listed in the "common effective date errors" by nvlsp. You know much more about the Veteran you are helping than I do, so I dont know if/how much the effective date errors apply to your Veteran. However, it could involve retro of about 60 months or so, so it may well be worth hiring an attorney or at least have him look/see.

Insomnia can be a symptom of Obstructive Sleep Apnea, and it can also be a symptom of mental health disorders, just like a cough could be a sore throat, or bronchitis, or lung issue.

Everyone wants a simple answer, but VA stuff is rarely simple: Best is to thoroughly read this, and you decide if/how it applies to your case: http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

Effective dates may just be THE most complex portion of VA law. I have studied effective dates in a fair amount of detail. Your best information is to read the NVLSP information on "Common VA effective date errors". I will help as much as I can. Did you appeal the 2010 decision within the one year time period? If no, you have a much more difficult job in getting a 2010 effective date. But, all is not lost. One of the best ways to get an earlier effective date is to use 38 CFR 3.156. This, basically says if you submit new and material evidence, then that should go back to the date you first applied, that is, if you are in the appeal period. Example: You applied in 2010, and got 0%. But, you find out the VA did not know about a particular doc report, and that doc report had highly favorable evidence, and they gave you zero percent but after they find out the new evidence they should rate you back to 2010, the beginning of the appeal period. Dont take my word for it, read this and see if it applies to your case: http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf Or, take it to an experienced lawyer for VA claimants, and see what he says.

Interestingly, I am in the same boat as you. The VARO in Cleveland failed to comply with my 2012 BVA remand order. As you have pointed out, the Veteran has an absolute right to RO compliance with the remand. Still, the VARO's do not always comply. The following is my recommended sequence to force the VARO into compliance: (None of this should be necessary!!!) 1. You could/should send a 21-4138 to the RO, explaining your situtation, if you have not already. 2. You can write/email/call the BVA and tell them no implementation of your remand. 3. If you have not recieved a satisfactory response, then try emailing Allison Hickey or Robert McDonald, again explaining the failure to comply with REmand. 4. The last stage is to file a writ of mandamus with the CAVC to "compel the RO to comply with your BVA remand order". Im in step 3, above, and hopeful a writ is unnecessary. I have already filed a writ, on a different issue.

The "effective date" of your claim will be the later of the date that VA recieved your claim, or the facts found, whichever is later. This, of course, assumes you will be awarded benefits, and there is not guarntee on that. To get IU you need: 1. Evidence that you have not been working due to service connected condtions. Its not enough to just be unemployed, but your doc has to opine that you are UNABLE to work due to a service connected injury or illness. 2. The VA says you must be "unable to maintain substantial gainfull employment." SGE is defined as earning LESS than poverty level (about 11,000 per year plus or minus dependents). There are some exceptions to the general effective date rules, such as 38 CFR 3.156, New and material evidence. Once you do get an effective date, and an award letter, you get paid from the first day of the month following your effective date. In other words if the VA received your claim in Feb. 2014, the earliest you would get benefits is March, 2014.

Yea.."Just ignore Veterans" and they will go away, VA's new motto.