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Waitingtoolongdave
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Posts posted by Waitingtoolongdave
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12 minutes ago, Mr cue said:
Ok are we say that it became a reg or is it still valid.
Because I don't see anywhere that say the VA doesn't have to follow this fast letter. An can't seem to find a reg that address it
So the ? Was can the VA hold a granted issues why they work a remand.
An the answer seem to be no
This came from brokensoldier244th: Section V.ii.3.B.1.c, but basically the whole section, starting with B.1.a should cover the rescinded fast letter.
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2 minutes ago, broncovet said:
Im sure its hard for employees to keep up, but even worse for Veterans. When we do a fast letter search, sometimes it will say its been rescinded. But not always.
Most of us dont have time to not only read THAT fast letter, but all the others to see if its been rescinded also.
You just pointed out a flaw. My guess is that, for example, new employees dont necessairly know whe a fast letter was rescinded either, for example.
Rescinding this fast letter, however, is disturbing. Very disturbing. You see, I was "on the cusp of being homeless" waiting on VA benefits, and I got a partial grant. So, VA's actions speak louder than their words. The Va has all these programs to help homeless, so why not just pay em right away, so, at least those where money is the reason they are homeless, can keep their home? So this makes me question VA's sincerity of helping homeless Veterans.
Is this too hard to understand that, for many Veterans, the only thing preventing them from getting homeless is the vA check and delaying that increases the chance of homelessness?
I held out for more than a year...without income..before losing my home. Many people are one or two paychecks away from homelessness. So, just a month or two of delays, can mean the difference between having your home and homelessness. Yes, I fault VA for delay of my benefits causing my loss of home. I applied in 2002. I did not see a penny until 2006. 4 years. And, Im not unusual. Its too long. Way too long. Of course, my claim was denied by the VARO with a current diagnosis, in service event, and nexus. 3.5 years and an appeal to the BVA, and 2 more RO decisions later, I got partial benefits. It was too little too late. Im not the only one, this has ever happened to.
Most of the homeless Vets "are not" on this forum. Why? Well, most shopping carts found under the bridge do not have wifi and a working computer.
OTHER Vets, sadly, take their own lives in this hopeless situation. About 22 Vets per day. Is money to keep your home the only reason for Vet suicide? Of course not. But its a big one. If you have a home, can invite friends and family over, well that helps depression or PTSD more than going to a VA hospital a half hour and listen to a therapist, then go back to the shopping cart under the bridge.
From what my sparse research on fast letters tells me so far, "rescinded" doesn't necessarily mean what we think. If the fast letter (FL) gets written into policy, the FL is no longer necessary and is rescinded. It looks like this might be the case.
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Just now, Waitingtoolongdave said:
Thanks!
My remand is secondary so, not intertwined. However, I think they may be waiting out the 120-day appeal period (not sure why they think someone would appeal a favorable grant).
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4 hours ago, pacmanx1 said:
This Fast Letter is getting harder to find so I posted it here several years ago. Here is what it says, but the VA is still playing their games and holding veterans benefits especially if the appeals have intertwined remands that must be developed and reconsidered. So, in some cases they still make veterans wait.
Thanks!
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So, you believe I should be getting a rating on the 2 issues that were granted and do the remanded one separately?
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Hello everyone! After 7 long years, I was finally granted service connection on May 13th of this year for a lumbar injury and sciatic nerve paralysis. After calling the VA hotline a few times, I've been told my issues are in the "decision phase."
However, a 3rd issue was remanded. I have a c&p exam scheduled for the remanded issue on October 31st.
My question is: Will they issue a rating and award for the 2 issues already granted or will they wait for the remanded issue to be adjudicated before I see a rating and award?
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So much for the VA trying to "assist" and to be "non-adversarial."
"David Shulkin, the former VA secretary, candidly acknowledged that the system as it currently functions is “adversarial.” Krause, Veterans Affairs Secretary Admits VA Is ‘Adversarial’ For Veterans (Nov. 8, 2017)."
"In 2020 (the most recent year for which statistics are available), the CAVC ruled for the veteran in more than 90% of cases decided on the merits. See U.S. Court of Appeals for Veterans Claims Annual Report at 3 (2020).12 This means that BVA denials of benefits are erroneous in nine out of every ten cases. Even worse, claimants were awarded Equal Access to Justice fees in nearly 80% of appeals. See U.S. Court of Appeals for Veterans Claims Annual Report at 4.13 EAJA fees are available only if a court finds that the government’s position is not “substantially justified.”
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3 minutes ago, GBArmy said:
Not knowing the decision or other facts, it is quite possible that you will have to go to another C&P for the VA to evaluate the severity of your symptoms currently; I'd count on it. Unless you have other disabilities that were also tied up to the claim, you need to wait to see what your ratings will be in order to determine how to compute your back pay. Sometimes they break it out, but combining all is what they usually do.
Thanks!
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On 5/13/2022 at 10:49 AM, Dustoff 11 said:
I forgot to mention the NOVA website (National Organization of Veterans Attorneys ) has the info you are seeking I believe.
That was a great description of how they work over there and still in the military. They love themselves too much me thinks.
Yes I did receive a remand of my CAVC CUE court appeal filed in 2003 due to a serious due process error the court said VARO committed by not adjudicating me for a P&T TDIU claim both implied and requested by me. By then the VARO had already granted me P&T TDIU with at least 5 years backpay.
Frankly I had fun and a sense of payback by filing multiple different types of claims against the VA in 2000 including a pro se appeal all the way to the CAVC and a learning experience that has helped me win other claims and appeals including 3 recent ones all on my own without the aid of an indifferent or hostile VSO.
Got some great news today! BVA finally granted for two issues (after 7.5 years) but I still have one issue on CAVC remand. I assume they will most-likely schedule another C&P?
Will I have to wait for the remaining issue on remand to be resolved before I get paid?
Thanks for all you help.
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16 hours ago, Dustoff 11 said:
Well I see that the lifers at the other location in the universe called space has answered your question by denying that there are any published statics as an answer to your question and unlike this forum they like to talk down to you and others by their stern negative tone and absolutism to your question. Always double check their advice and rely on more than one source of info for important questions as you are doing here
I am still thinking and searching on your behalf for your answer in a polite and friendly manner as I think you have a valid question dude because I have personally seen these statics many years ago. They like to argue how many angels dance on the head of a pin concerning doctors MO versus IMO/IMEs forever and ever.
My comment is not legal advice as I am not a lawyer, paralegal or VSO.
Lol...I see you've seen the remnants of my uphill battle on the "other" site. It's like asking what time it is and getting a stern lecture on how a watch works instead.
Also, thanks for the info, it was very informative. I see that a CAVC remand is typically not a good thing but it appears that a vet has a little better luck being granted benefits with a Joint Motion to Remand.
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19 hours ago, Dustoff 11 said:
As I recall from many many years ago I saw this answer on veterans legal website that may have been a veterans law firm or paralyzed veterans website news letter SOAR or an internet website that tracks results of various federal court actions/decisions or maybe DAV. The answer is out there somewhere but not easy to find by me. I will check the old files on my external hard disk very soon (long shot).
Thanks! That would be helpful.
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20 hours ago, pacmanx1 said:
It’s not the JMRs that you should be concerned about. A lot of JMRs are granted by the BVA, the problem is that the BVA grants the remand and then they send it to the RO for them to do the actual rating and they can screw up the rating percentage and or the effective date. Imagine after fighting the VA for so long and then the RO screws up and low balls your rating percentage or screw up your effective date. In each case if you disagree you will have to file a new disagreement and the wait starts all over again.
I'm talking about joint remands to the BVA granted by the CAVC.
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Anyone know of the percentage of original claims being granted AFTER the CAVC grants a JMR??
Are the majority granted or denied?
Rating and award
in VA Disability Claims Research
Posted
Ya'll are providing some great info!!!