retiredat44

Keep Fighting   never give up

YOU SHOULD REQUEST to see a judge at the BVA, THERE YOU CAN TALK TO THEM TELL THEM YOUR STOREY AND ADD ANY NEW EVIDENCE YOU HAVE .

THESE VETERANS LAW JUDGES LISTEN TO US. (THESE HERINGS GIVE VETERANS A CHOICE RATHER OR NOT TO TRAVEL TO YOUR R.O. OR SIMPLY DO IT VIRTUAL WITHOUT HAVING TO TRAVEL.

BUT MOST OF ALL HAVE YOUR EVIDENCE READY   EVIDENCE SPEAKS LOUD AT THE BVA...CHECK MY POST OUT ABOUT A VIDEO A LAW JUDGE MADE  AND WHAT TO TO DO, WHAT TO BRING & WHO  AND WHAT TO EXPECT AT YOUR  BVA Hearing

THEY DO RECOMMEND YOU HAVE AN ATTORNEY  OR VSO, OR A CERTIFIED ACCREDITED VA CLAIMS AGENT TO REPRESENT YOU..

My paid legal rep says he wouldn't try any more. I am not sure why, as the filing were clearly received on dated several years before the date they gave me for the start of benefits. I filed in 2009 (I was in the hospital 6 months of 2008, too sick and could not go anywhere, in bed or wheelchair the rest of 2008, then my DVA rep left his job and I could not get help with my claims until  2009, but they started the benefits date in 2012. I left off in a conversation here about a possible 'CUE' to get the date changed to when I fist refiled in 2009. But my legal rep (whom gets 20 percent of anything I win) says he 'would not continue with pursing the date change in benefits, but I can do it on my own'.

I know I can send it to the va, but as far as I know it was all closed and settled with the BVA when I accepted and did the deal he made with the va. of course I took the deal 100%, but the date of the start of benefits should be when I first filed. I do not know my rep would not continue, I am confused. I can no longer fight this stuff. I really am going downhill with the ability to think and fight the va. I am not even sure which part of the va I would send a cue or fight the date they yanked out of the air. I know this sounds paranoid, but I am kind of afraid they might find a way to screw me if I continue the fight. That is the state of mind I am left in. I need to go rest, I woke up sick, at 4 a.m. Anyways, thank you for the support. On a day when I can think better, I might try to figure out  what to do.

Well be sure to let us  know how it goes retiredat44

fingers crossed for ya buddy.

thanx,, but I would feel bad if I said something that did not pan out, I can say, I was a told by a very reliable source that my fight is coming to an end and on my side... I paid for expert help and they came through. it was a big chunk of $$ but worth every bit. But, until it is in stone,.... etc..etc... I would be able to spread some wisdom if it al works out,,, otherwise,,, it not worth much... I would be very happy to tell others some of what I learned, if it helps them. I hope I will be able to share the experience.

First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment.  I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off.  There is no set rating for a veteran to file and or be considered for unemployability.

4.16 Total disability ratings for compensation based on unemployability of the individual.

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section".  So at any prior of time to your upcoming rating, VA should consider you for unemployability.  We always say that evidence is key but we also have to did into the regulations and use it just like VA does. 

OK, so I went to the latest C&P exam, 3 days ago. The VA says they are going through my appeals and adding the pain I have been through, as pain is also suppose to be rated and added to your rating, so I brought in my medical records going back to t he 1980's showing the pain I have suffered from the injuries and diseases going al the way back and have been on morphine and narcotics for 40 years for severe pain. I brought in the medical records, even though they have had copies I submitted in the 1990's from outside hospitals that treated me and operated on me. So, I have a trail of constant medical care for both diagnosed and undiagnosed severe pain. If they rate me properly it should put me over the top, no problem. But, I don't trust them, even with the stacks of medical records, they will find a way to screw me, but I guess after a few months I will find out how they rate the undiagnosed and diagnosed pain. These are not just a few sheets of paper from the doctors, they are boxes of medical records showing al the exams, procedures, diagnoses, and medications. For decades. They also took my blood to check my liver for the C&P, since I have pancreatic disease.

Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can. 

Go your your local E.R...Once your there have someone with you call your vamc  or ask the office clerk to call them and let the VA know your at the E.R.  the person they talk with at the VA with will give the ok or they will send a VA Ambulance to come pick you up and take you to the VAMC

So be sure you have your VAMC phone #

Due to this coronavirus pandemic  this is all I know to tell you.  if your taking all your medications and keep warm and drink water and try to eat something that you can eat.. that's about all I know you can do,?

,if you have a fever take fever reduce meds and maybe take a wet damp cloth and place on your face/for-head.

I am sorry to hear your sick.

for now I am just regular sick,,, last summer was the summer of sever bronchitis, and they would not see me.. other people go on summer vacation... I spend it sick in bed... just saying the va will not help, and with the virus thing,, they won't help at all.... My legs are a little better,,, but if they go back to the pad suffering....  I don't know if my legs need some meds to stop the blood from clotting... or severe muscle cramps that keep me from not being able to sleep... just that the va should be helping us, and not keeping up away and refusing to help... why punish us because of the virus... next bad episode I will not have time to beg for help... I go down and feel like the va is punishing us vets... like we are suppose to not get sicker until the virus is gone... which is crazy...I hope they get my benefits finished so they can pay my daughter's schooling before I die... once I get too sick and die my family will not be able fight for the last 10% which would fix the problems of her school costs the va never paid... or maybe there are clogs in the legs which means something will come up and give me a stroke.... it gets very bad... and excruciating... at least I have not gotten that virus.... in a very small town away from the big cities.. Thanx for caring...I will get up and go outside,,, for a few minutes... I will get very tired and come back in pretty soon,,, cya later...