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renee

Third Class Petty Officers
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  1. Thanks
    renee reacted to Buck52 in Remand Appeal & New Claims for RFE   
    renee,
    I advise to get an attorney at this point, looks like they remanded all your claims.
     check out this link , it has some insight as how the remans work and some great information to use.
    https://www.veteranslawblog.org/expedite-va-remand-process/
    Source: Attorney Chris Attig  VLB  (Veterans Law Blog)
  2. Thanks
    renee reacted to broncovet in Remand Appeal & New Claims for RFE   
    You have 2 questions, I will answer each seperately:
    1.  You posted:  
     You read the decision, I have not read it as you did not post it.  I have "only your interpretation" of the decision and my advice can not be any better than your interpretation.  Best is if you post the decision, redact your name and then I can interpret it, or others on hadit. 
         We dont know if you need an IMO or not, and its unclear if this is a claim for increase or intitial SC.  If you are appealing a disability
    percentage on an already sc condition, then you well "may" need an
    IMO to document your symptoms (and an effective date those
    symptoms occurred).  If this is for a new SC, well usually BVA grants (or denies) SC and leaves the percent up to the VARO.  You mentioned 40 percent, so this suggests its already sc, but its unclear if you are referring to "other" issues not yet SC.    If you are seeking Service connection, then make sure you have the Caluza elements, and, if you are missing or have an inadequate nexus, you will likely need an IMO for that.  
    2.  Moving on to your next question you asked:
       Who told you this?  Was it your VSO?   Did the VA send you a letter that you will be "scheduled" for a C and p Rexam? (RFE?)   If not, It sounds like you looked on ebenefits and saw some sort of RFE on 2 unlelated issues.  An "RFE" isnt a claim.  When you are granted SC, the VA also makes a determination if you are p and t, or if "future exams are scheduled".  It also sounds like you are basing this on the myth, that, when YOu apply for an increase, VA will reduce you instead.  This is not the case.  
          Ebenefits is historically both unreliable and out of date.  If this is based on your interpretation of ebenefits, I say dont worry about it.  If I worried every time ebenefits wrote a new line in my file, I would spend the rest of my life worrying, and that would be a waste.  If they have requested a re exam, that is something different and we can address that. 
           Dont worry about ebenefits, and make sure of your source.  VSO's are sometimes less reliable than ebenefits (if that is possible).   
            My advice is to find out the answers to my questions, and, if it is as I think, just wait.  If you have money for an IMO, it may well be productive.  
             You used the term "VSO lawyer".  Hmm..was it a lawyer, or a VSO, or, did your VSO hire you a lawyer? (it happens sometimes).  If you do have a lawyer, you probably should ask him these questions, as he has read your file and knows more about your case than we do.  
           I almost never go against a Vets lawyer, when he has read your file and I have not.  
  3. Thanks
    renee reacted to Buck52 in Remand Appeal & New Claims for RFE   
    GB Army
    RFE   ABBREVIATION    RFE , Routine Future Exam.
    renee 
    Call the washington hot-line  and tell them what you just mention here 
    here is the #White House VA Hotline:  1-855-948-2311. 
     
  4. Thanks
    renee reacted to pacmanx1 in Remand Appeal & New Claims for RFE   
    Renee, try to understand that when a veteran’s claim is remanded from BVA to the local VARO, the local VARO must implement the order and perform a duty to assist the veteran in gathering information and to include in obtaining a current C & P exam and or opinion.  Even though you may have had a positive C & P exam. The local VARO will most likely request a new C & P exam, but it is possible that they could rate your condition but, in my experience, VA will request a new exam and evidence. It is just what they do. Just keep in mind that if you disagree with any decision you can always file a NOD (Notice of Disagreement).
    I have a current appeal that I filed and was denied, and I filed a NOD which was ignored. When I reopened my claim it was denied a second time and this time I filed another NOD and the VARO processed it and it has been to the BVA then remanded back to the VARO then back to the BVA then remanded back to the VARO and then to the CAVC and remanded back to the BVA for a final grant and then remanded back to the VARO only to have the VARO low ball my rating and my claim is going back to the BVA. Yeah, no sh_t. BVA granted my effective date but the VARO screwed up my rating percentage and refuse to grant.  Of course, this is after the VARO granted my corrected rating then decrease/reduced it  while still in the appeal status. Well the VARO did correct and gave me my higher rating but not my percentage effective date. You must be determined not to give up.
    Also keep in mind that this is your fight, your battle and some will not understand. I feel that since this evidence was always in my file and the VARO missed/ignored it or for whatever reason it is/was money that I should have been awarded/granted and I feel that I should get it.
  5. Like
    renee reacted to iceturkee in Quick Decision In 2 Months?   
    i can't speak to your claim but i had two different claims both approved within 90 days, the last one being 2011.
  6. Like
    renee got a reaction from mcoleman5 in Thank You Jesus   
    Congratulations!!!
  7. Like
    renee reacted to Berta in Can I Appeal The Effective Date?   
    John said a mouthful here:

    "What I learned is appeal any decision that has that VA stink on it. I lost thousands of bucks by not doing that in my original claim. The VA must have screwed a million vets out of retro using tricks and BS. When VSO's say don't appeal because the VA might reduce you I say that has not ever been my experience in 40 years."

    Just about every decision I have ever received in the last 20 years from VA has contained a legal error in the decision.

    I have many decisions like yours too...whereby the VA tried to get me to buy what they were selling, by stating some BS reason that has absolutely no legal basis in fact.

    I asked them to cough up a regulation they tried to use against me for my last CUE claim, and of course they couldn't because no regulation existed to support what they stated.

    They say a specialist is working on a NOD I filed.

    My CUE thermselves Request was filed before the NOD on that claim.

    I also filed a request for NOD deadline for good cause, because if a claimant gets an illegal decision, their ability to prepare a proper NOD is compromised obviously, by the VA's legal error.

    I geared that claim and the NOD solely for the BVA. The BVA can read.

    My VARO has proven to me many times they cannot read ( or willingly can read enough to manipulate the regulations to our detriment.)

    I agree with John that this has probably happened millions of times.The very fact that many veterans do eventually succeed on their claims,. says to me, they should have succeeded in the first place, if the VA properly adjudicated the claim and considered all of the probative evidence.right from the gitgo.

    I have had many VA legal errors corrected....some were easy...like in my veteran daughter's case,when VA Educational Dept (an oxymoron sometimes) forgot her 7 years of Military service to be added to her Chap 35 deadline.

    And my Nehmer award came fast but only because I raised a big ruckus of an illegal denial.

    Any denial or award has to be carefully gone over right away , to see if a legal error has been made in the decision because that error will, as likely as not, screw up everything else from that point on regarding your claim.

    I think the VA has done this countless times ,as John said.

    And even in awards like I got under Nehmer.....and I guess they thought since they awarded the AO IHD claim and my past CUE claim in that decision, and gave me a five figure award that I would be happy and go away, not realizing I had been screwed, based on VA case law and evidence itself , in VA's possession at time of the veterans' death, out of an additional five figure amount they still owe me.

    I think they do this a lot to widows.

    "accrued benefits" under Nehmer means the survivor gets ALL AO accrued

    Accrued Benefits under Section 1151 means the survivor gets ALL 1151 accrued.if the veteran already had an established 100% separate disability.

    I got 6 months, they still owe 14-15 months .....

    ALL survivors MUST filed for accrued within the first year after the veterans death if a claim was pending.when they died , in non Nehmer and 1151 issues.

    Or they prove CUE over a past erroneous decision as I did.,reminding them in that claim, that my accrued claim had been filed within the first year after my husband's death.

    They know survivors are grief stricken and they equate that with stupidity and can count on some vet reps to not have a single clue on accrued benefits anyhow.







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