Gastone

The BVA Decision Clock Appeal for the CAVC Starts Ticking! Your VA lawyer should have addressed the trip to CAVC already, this is where Legal Fees get Awarded on outright Wins or Remand Decisions back to RO. A friend got his BVA Denial (repped by VLC, DC) for SMC K Remanded by the CAVC, Legal Fees $16K paid by VBA, his final RO Remand Award netted him about $7K for the 6-year Appeal wait. No, For Fee legal Firm would have ever signed on to rep him, he was turned away by (2) well-known Firms.

Before this New 20%, I came up with 92.592 rounded down to 90% based on 60-30-30-20-20-10-10-10-10-10. You didn't mention any Bi-lateral Factors being involved, is that correct? The "New" 20% SC Dry Eyes Rating, when combined with your existing (10) separate SC's, now get's your CSC to (94.0743), still rounded down to 90% CSC.

You should "Always" listen to your Attorney's council. I think you forgot to mention the "VA Lawyer," Representation. Just for discussion purposes, what prompted you to seek outside non-Lawyer opinions regarding moving forward with BVA Remands?

Did you share a redacted copy of your BVA Docket Decision?

Much clearer, you are not IU Yet. Your MH Conditions that were Remanded must be re-examined and Rated by your RO. At that point, If you have filed an IU Claim Based on the "Inferred IU" notification, your IU Award can then be determined. These are the problems that are caused by limited BVA Decision information. Post a redacted copy of your BVA DOCKET Decision, let us do some interpretation for you.

Wait for the actual Award Letter for clarification, there's no reason to rush anything on the Remands. What SC's got the IU Award? Did you receive the SMC S Housebound Award? Any mention of "T & P No Future Exams" or eligibility for Dependant CHAMPVA ? You're 64, the yearly filing of the 21-4140 is required till you hit 69. The IU Award is not etched in Stone until you hold the Award for 20 Years. Before you hit 65, file for the (1) Free $10K Whole life policy. You can get (2) more DAV $10K policies at prices you can't currently touch in the open market.

I'd caution you to wait for the BVA Remanded Decisions, especially since you've waited this long. Have you put a pencil to the possible Retro Due from the pending remanded issues, as well as this recently Denied issue? VA lawyers will be looking at your Retro Possibility, a Legal fee of 20% of $100K for very little work might spark the Big firm's interest but I doubt it. Contact the Vet Legal Consortium in DC, PRO BONO representation for BVA and CAVC. I've seen a Nam Vet get turned down by a couple well know VA Legal Firms (Claimed Too Busy, Ya it was the low Retro. He caned his "Waste Of Time" POA-VSO right before the BVA Denial, ended up getting Denied at BVA with Vet Consortium Representation. VCR immediately filed with CAVC, within 6 mos got all (3) Denied Issues Remanded to RO. Got a $16K+ Legal Fee Awarded by CAVC and paid by VA, not the Vet. A year later, RO Awarded SMC K ED $104 per month, with Retro of about $6K. What legal Firm for Fee would have signed on for the 20% $1200.00. The other (2) Denied issues, RO Awarded Hypertension SC 0% (No Pay) and Denied his claimed blood Cancer again.

Buck, you're correct about the "20 Year" Award Anniversary unless the Rating Dept thinks Fraud is in play. An IU Vet with an Award less than 5 years, regardless of mention of T & P, could get looked at if the major IU causative SC is considered for possible improvement, even if its a MH Issue is currently static at the time of the IU Award. As to the yearly IU Anniversary Date filing of the 21-4140. It's filing is specifically addressed in the IU Award Letter, and mandatory till you turn 69 or hold the IU Award for 19 years. The 10 year DIC Date is another prime issue that has been known to trigger Re-Exams. With the Filing of any New SC or Secondary Issue Claim, all bets are off. Everything can be reviewed at the Raters discretion.

Do you believe your recent IU T & P Award is "Etched in Stone," non-reduceable by the Rating Dept. for the rest of your Life? What do you know about the 5 year award Anniversary, 10 yr DIC, age 69 21-4140 and holding the Award for 20 years?

RO will send you the New PTSD Rating with an 'Inferred IU Claim" notification mentioned in the Award Letter. You must then file an Official IU Claim, if you haven't already done so, including the VA 21-4140 statement regarding Earned Income and Employment for the past 5 years. Things may be a little clearer to us if you were to post a redacted copy of the BVA Decision or the actual BVA Docket Number, but your personal info would be visible, so go with the redacted copy.

Buck, I opted for Group sessions led by a VA PTSD SLSW. 4 of the original 16 Nam Vets, just stopped showing up after about 3/4 weeks of Group. I've never seen a VA Psychiatrist, except for the PTSD C & P. Never had an Rx for treatment of PTSD. While using VA PTSD Group, I think the homework requirement started almost immediately, helpful but a real pain in the ass. Can't say I was a model member when it came to timely completeion of the homework. Once a month, we had to do a 1 on 1 meeting with our social worker. After about 21/2 to 3 yrs, our Group was informed that the VA was limiting our Group Therapy. I believe she stated that we could reapply after about 6 months if we wanted to start from scratch again. There wasn't an "Advanced Group," that was us.

The Lawyers are within +/- 12 months, either way, be confident the Judge's "legal" Decision is going to take not a minute longer than is necessary to be sure all the Legal I's and T's are dotted and crossed. VA Sr Judges don't look forward to a CAVC Judge/Judges overturning their Decision.

Have your POA-VSO access your C-File for the recent Decision, should be able to print and email it to you. Ask if he'll file an Oficial Review for possible CUE regarding the missed Retro Payment. If you're correct, the additional Retro could be processed in a couple weeks. Worked for me back in 16.

I'm sure the rate of attrition for Vets agreeing to attend PTSD Group therapy for treatment is probably the same today as it was back in 2010. PTSD Vets often have a real problem with the "Home work" that's required. As I recall, at least 4 of the original 16 failed to continue with the Group therapy. The rest of us ended up doing about 21/2 years of Group before the VA Cut us loose. Monthly appointments with MH Psychiatrists continued for those that required Rxs, some continued treatment sessions with other MH Clinicians and about 9 of us continued unofficial Group meeting twice a month to date. As to the Signed Contract, whatever it takes to get treatment compliance if it works all the better. What are the Penalties, if any, for non-attendance? Missing meetings on a regular basis would be very problematic. There is a continuity of education and Therapy that necessary with Group Sessions.

You're at the 11th Hour, way to late for FOIA Filings. As to the Twins at the Legal Team, don't count on them if you've had no contact or request to sign a Retainer. Probably not enough estimated Retro $Ks to interest them. If you don't already have a POA-VSO located at your RO, that's something you can address immediately. All RO POA-VSO's have DRO Hearing Specialists that will attend the Hearing and assist you. Just don't expect the VSO Hearing Rep to request to meet in advance of your Hearing Date. Don't sweat it, if it doesn't go your way, you still have the BVA. I did this and it might serve you well. Before the DRO Swears you in, ask if you could have an Informal Evidence Conference. We stayed Informal for 35 min, he awarded all issues from a 2010 NOD and an IU NOD from 2012. I had a copy of the DRO Award Letter the same afternoon at 3:00 pm.

I just read your 1st 2013 post and this last page #18, if this is your (in 5 years) 1st MH/PTSD C & P Exam, I have to ask if you did a DIY Claims project or did you use a POA-VSO? Something definitely is wrong here. the last of your worries should be the "walking into a quacks office," for this C & P exam. Your VA Claims advice appears (to me), somewhat suspect.

What SCs combine to result in your CSC of 60%? You indicate your involvement in the VR program for over 5 years. If you've never successfully completed the VE Program, you have to be on your what, 3rd/4th VRC? With each discontinuance of your VR Program, did you receive a VRC Letter addressing the unsuccessful completion? Have you filed a VA FOIA requesting both your Complete C-File and Voc Rehab File? The VR File could prove an interesting read, especially if there are any indications of your failure to participate.

When you did your VR intake testing (No Wrong Answer) to determine known and unknown area's of interest, what were the results? Have you expressed an area of employment interest? Your hip problem would rule out most if not all physically requiring types of employment. You can request a VRC change, depending on how far into the program you are, sounds like you should request the change. You're definitely not, based on your above mentioned educational accomplishments, currently qualified for VA IU. Some sort of "Sedentary Employment," putting little or no stress on your non-SC hip, while providing Earned Income well in excess of the VA SGI $12,880 has to be readily available.

L, the Rating Dept obtaining the DC Rating Dept Honcho's authorization signature regarding Retro above the $25K (?) is completed before the actual Award Decision Notification takes place. How was your referenced 12/16/?? Decision Notification presented, Eben, POA-VSO or Award Letter?

Your Direct Deposit accounts set up for real-time txt and email? IU Retro North of $25K can result in a delay getting the Second signature from DC.

What about the 1st MH/PTSD C & P DBQ, was that a VMC Psychiatrist? The Credentials of this (1st C & P) DBQ Examiner are very important when compared to those of the recent PTSD DBQ. Your MH/PTSD Rating being held for less than (5) years, is susceptible to a Reduction without the Rater showing Long Term continuity of improvement. If you get a VA Rating Dept Letter of Intent to Reduce, you have 30 days from the Date of the Letter, not the mailing or date of delivery, to immediately file your Appeal/NOD. You have "60 Days" from the Reduction Letters Date, to submit your supportive evidence; backing up your Timely Filed Appeal/NOD.

With VA proposed Reductions, Vets have "30 Days" from the Date of the Reduction Letter, not it's mailing to the Vet's last known address, to file the Appeal/NOD. The "60 Days" from date of Reduction Letter, applies only to submission of New & Material supportive Evidence, not the Filing of the Reduction Appeal/NOD.

Wasn't the IU Award remanded to your RO to have the Rating staged? The difference between your actual CSC Comp (70 to 90%) Level and the IU 100% varied year to year while awaiting the BVA Award. Any Retro Comp Award amount over about $25K has to be signed off on by the MFIC of the VA DC Award Dept. Adds significant time to the Retro Disbursement. You do have your Direct Deposit Account set to real-time TxT and Email you regarding ALL Financial transactions, don't you?

How long have you held the PTSD Rating, less than 5 yrs? Date of Effective Award was? Was your original PTSD/MH Claims DBQ completed by a VMC Psychiatrist, Psychologist Ph.D. or a Contract C & P Examiner?

Why haven't you filed an FDC IU Claim? Your PTSD Rating should have included an "Inferred IU Claim" reference, did it?