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autumn

Senior Chief Petty Officer
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autumn last won the day on September 28 2018

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About autumn

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    E-7 Chief Petty Officer

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  • Service Connected Disability
    100%
  • Branch of Service
    Navy

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  1. we're getting a bit off track from my orig question of "ramp..." no offense ... i've always thought from browsing threads here that CUE's were/are tricky. unless one is versed in pas & current VA law. for me, fortunate to have a good attorney now that keeps up with all this because i cannot these days. so trying to read through those tables you mention and to know if VA actually made a mistake & then how to pursue that with correct wording is beyond many a mere mortal, moi. that's great you can do it and in the end if you win you save some $ and too, hats off to those that can file successful claims on their own. thankfully there are a few good attorney's that really try to win and show the actual errors with correct wording and evidence, with that said, the fee is worth it. i wouldn't even know where to look for the percentage rating system. i do recall, via hadit, showing the new items added to the rating system some years ago thinking probably will help some vets from the ME theater of the past decades. maybe even a few bluewater vets still alive. good for the VA doing that but i suspect very late for the veterans suffering from those new listed ailments. "duty to assist"... humor of the day, right? good luck
  2. sorry bud, really. empathy abounds on this site though. doesn't help the sinking feeling much i know. it is a good idea to contact your rep and get that paper trail in existence. sometimes it does help too. all one has to do is watch congressional hearings over the last few decades and see there isn't much any of them can or will do about the average joe & sue citizen in America anymore. unless they have a political bent to grind with you and of course then you're screwed. humor aside, i think it good to notify them anyways. it does show up in the paperwork of hearings and decisions...i can only speak for myself, i have seen them in mine. hang in there and as others always say here, don't give up and keep fighting.
  3. this learning you/we speak of, takes years. almost like a college stint or part-time/full-time job. may be some folks can get right the first try but for most i don't think so. otherwise no need for a hadit or vawatchdog sites. or the numerous so called veteran legal services out there. for me and my hard knocks of trying over the years, i ended up with legal help. the current one is really good. but i've spent/wasted time on others i had to let go. like many other veterans. >>Unfortunately many vets get snookered with trick and loose their whole CUE because everything got indistinguishable and mixed up. absolutely. so odd but congress and VA like keep passing things telling us how things will be simpler, but it never happens. the VA took a play out of the dare i say it, the fed playbook, its a rigged system all about $. thus, it's not about the veteran at all. they let some $$ trickle out to appease but that seems more like a smoke screen.
  4. long posts don't bother me. it would take me a day or two to verbalize this so writing is easier. i concur regarding your writings on VSO's. i have known quite a few goods ones and situations they face. so hats off to the good ones. with the USA finally winding down some of these insanely long "wars?" the VSOs will be even more flooded. the lawyer aspect is a double-edged sword for me. most that i have contacted over the years wouldn't even take up my claims/appeals. some returned some really outlandish reasons too. i would think many veterans have had this happen. seems they wanted slam dunk claims that if they were that slam dunk why even get an attorney? so the ambulance moniker(sic) is a correct one. i believe the VA legal system & congress designed the legal gauntlet to just what say, towards veterans attempting due claims rewards. even following that gauntlet to the letter like most veterans do, along with evidence, claims process falls into their black hole round-robin for years. VA says its simple, a veteran doesn't require an attorney but for some its almost impossible without. and i think VA is trying to do away with veterans having the option/opportunity to make use of an attorney though i may be mistaken on that thought. and the rules VA misuses as you say, for me and others, only an attorney would be able to spot that and counter it. i don't have the ability to get educated on VA legalese and VA legal mazes. maybe if i were youger and faster but certainly not now. and we veterans know all this and it drives us nuts, really. especially when we have legitimate claims with evidence to back them up and fill out the forms and dot all the i's correctly...and still, the VA draws one into their legal maze adding beaucoup levels of frustration. supposedly, i think its written that Title 38 document, that VA is supposed to help the veteran with their claim to some extant. they never helped me in that regard, how about anyone else? CUE's are tricky. took me a few years to understand that world. no one would touch mine except current attorney. so attorney see's merit in it. lucky i had my mil records and claims records and had filed a claim day after i was discharged from service. so its all there, mistakes and all. but VA has and will twist it around. that is their job so to speak. and they pride themselves on beating the veteran. >>And o ff we go chasing the wrong thing and our CUE gets denied because we argued something that wasn't even suppose d to be to point. more reason for me having an attorney. no way do i have the current skills to fight that as it is. look around hadit[.]com and your own VA history. it becomes a full time job that takes into the years to see through. how much frustration, money, lost opportunities, etc., veterans put up with along with their families dealing with this supposedly "easy process that favors the veteran"? so called friends and relatives don't even believe many of us. sad but true
  5. apology for so long in reply. that is some serious bad irony, bad for veterans i should say. lawyer and i thought the same about the supplemental route for now. i call the attorney from time to time and do get updates. sometimes there is no news but i think the same, they do get paid.. i can't fill out the forms any more. i make too many mistakes and get too frustrated with it all. i get over nervous just getting mail from VA. not over exagerating, really. my neuro disease has contributed a lot to that but so has decades of fake diagnosis and such. you all know the drill there, that's why there is hadit.com. so i don't mind an attorney helping me when they are good. i fired two for being somewhere between jupiter and uranus. the one have now has won a few and continues to help. granted, your situatiion and mine should have been slam dunk according to title 38 rules along with validated medical evidence current and historical. but the VA has made it this way along with congress. plus the VSO all sided with VA and left it at that. so i don't call attorney that much but phoen tag can be frustrating. attorney has other clients and veterans clients too so i can't really expect an answer every time i call unannounced. but i'm human, so the frustration exists sometimes plus the years of VA strangeness pops into my head. the VA never sent attorney the copy of last denial that was asked for. crazy. we finally got it but the delay the va does is real as you know. my previous VSO/pva wouldn't even file a CUE. so i can empathize with you on yours and the VA rater denial. many denials don't even make sense...again fake info and fake diagnosis. good luck with DAV, hope they work well for you. i think my attorney will do the same as you, i.e., send it back for review. as i mentioned the denial didn't make sense as the va doctor wrote his review was in my favor and rater didn't go by that. keystone cops is right. i wonder why when D.C. trys to fix the VA, whether now or decades prior, they never look into the BVA treadmill. allways low hanging fruit or mo'money to VA.
  6. received latest denial dec 2018. not sure now if "supplemental claim" appeal is the way to go as i previously was informed. from that link, looks like a NOD is path to go.
  7. i haven't been able to wrap my head around it either. probably have irritated my attorney asking him many times recently about this too because of what i read on here regarding this. i too have a few appeals in along with new appeal disputing the recent denial. though that appeal hasn't been submitted just yet due to change Feb 19 changes. attorney was going "supplemental" path with that appeal last i heard. yet, i haven't heard from attorney that if we go the "supplemental" path with appeal on recent denial VA will combine the other appeals in queue. anyone know for sure, or we all flying blind for now with the new claims modernization rules?
  8. i'm correct to assume this Feb 19 BVA RAMP opening is good for claims since you are putting some of your clients into that path? this particular claim is CUE and goes back a couple decades when first ever claims where filed. glad you mentioned the PL 115-15, i can pass that along to attorney to clarify so my decision isn't based on rumors. not sure i'm so confident in the litigating time reduction. what's to stop the RAMP system from getting more bogged down. previous VA attempts at trying to help veterans and claims issues haven't exactly been in favor of veterans in my experience. we/i can hope though. thanks for your reply and help.
  9. i didn't notice until you brought it to my attention. i'm reading the effective retro date affects "new" claims, versus an already denied claim. i know we are submitting a new medical opinion with the appeal to counter the odd denial. i don't know if in VA legalese that makes it a "new" claim or "new' evidence or what. and if i go with RAMP if we should go SCL or HLR. i'll ask the attorney this for sure. the effective dates issue you and others brought up is concerning and i have to get that clear in my head first. along with what the heck Feb 19 implementation will actually mean to my claim(s). thanks.
  10. that was the only thing i sort of knew about current RAMP. but, i had wondered at what cost to the veteran. most of us have been burned by new legal rules VA implements, most always favors VA cash cow and the veterans though in writing it may well read well. i'm still reading and digging trying to decide RAMP or not. and within RAMP, that too has path options. thanks for your reply
  11. thanks for that. after viewing what @broncovet wrote, "If you are submitting new evidence that could result in an effective date of MORE than 1 year back, then your best bet may not be to opt into RAMP SCL for reasons I outlined above. The way I interpret the new regulations is that you can not get an effective date MORE than a year back by submitting new, relevant evidence in the SCL. Thus, if you anticipate submitting new evidence that could result in retro more than a year back, it may be in your best interst NOT to opt into RAMP. Read the regulation I posted above, counsut with professionals, then decide for yourself. " i now have reservations about going RAMP way. but with the info you & others at that link provided i can know ask my attorney a few pertinent questions i didn't know to ask until now. and current RAMP rules seems to be changing Feb 19, 2019 if my reading understood correctly. thx
  12. and soon too please, as i need to make a decision soon. thx i sorta had that in the back of my mind too which is why i wanted ask other veterans here about it. do let us know the links where you read that please.
  13. recently one of my claims was denied and attorney is appealing it. the VA C&P agreed with the claim and attorney mentioned the denial was bogus/bs. pretty sure that was at the DRO level. attorney asked me if i want to RAMP this appeal or legacy appeal. we already waited almost 3yrs when this denial came in and likely another ~3 years when it is legacy appealed, not on the RAMP system. my understanding is we don't lose appeal power going with RAMP, is that correct? attorney isn't getting worse results with RAMP than say the legacy appeal way i'm told. before i green light RAMP i want to ask, are veterans choosing the RAMP path now & finding it worth it say vs the legacy appeals?
  14. he may not know of this. i will suggest he view this thread. there may be a weapon or two he can use with the appeal regarding lowball CUE. this particular recent CUE award was via NOD. if that makes any difference.
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