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Second Class Petty Officers
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About emptyshell

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    E-4 Petty Officer 3rd Class

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  • Service Connected Disability
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  1. Thanks for the info Semper Fi. I have direct deposit now for years and can check my account status. I would like to know how long other vets had to wait to receive their back pay when it involved this kind of money? Could this take up to a year? Thanks
  2. Hello fellow Vets, BVA decision finally comes through and gives me 100 % TDIU. P&T and 70% PTSD retro back to 1994. I have been told this will be a 6 digit figure amount. BVA awarded me on 9/19/16. I keep checking my bank account but still nothing yet. What is the time length with an amount as of this to get to your bank account. Can anyone answer this for me?I am getting quite nervous and wondering if they can hold up this payment?? Thanks
  3. I do have an attorney, but never get to speak with him. I go through the attorneys assistant and they are not too helpful with my questions.I have some real questions and the assistant has no real answers. I sent the assistant that letter I received from Janesville, WI. But have not heard back from the assist as of yet. I will call today and ask if I can speak directly to my attorney. I do have direct deposit and have had it for years now. In my recent BVA decision, I guess my attorneys tried for an SMC consideration but not clear but I will
  4. I thought that may be the case since BVA gave me a decision here in late Sept. I do belong to ebenefits and accessed my account today as was requested and this is what I found. Looks like my compensation appeal is shown as closed 9/19. When I look in the disabilities section of my ebenefits, they have a PENDING disabilities section below the list of my current disabilities Tdiu Is Warranted Since March 18, 1994 09/19/2016 NEW Initial Rating Of 70 Percent For Psychiatric Disorder, To Include Ptsd, Is Warranted, Effective Since
  5. Good morning, my docket number is 14-20 064 dated Sept. 19th 2016 This is basically what the BVA order reads. The appeal is dismissed for the issues of entitlement to an earlier effective date for the awards of service connected for PTSD and right lower extremity radiculopathy. An initial rating of 70% for psychiatric disorder, to include PTSD, is warranted, effective since January 26th, 1994; the appeal is granted to this extent. A rating in excess of 70% for psychiatric disorder, to include PTSD, is denied for all entire appeal period. A TDIU is warranted since
  6. Goodmorning, Last month I received my decision from the BVA.They granted me TDIU and 70% PTSD back to 1994. My question is will they go back and pay on each separate decision or Does the TDIU decision override the 70% PTSD decision. I was granted TDIU permanent and total in 2010. I filed a claim shortly after that 2010 BVA decision to have them go back to 1994 and BVA just finally granted it. My second question is since they are going back to 1994 on a granted TDIU claim, will I be grandfathered in for future c and p exams. Also, does this decision assist with survivor ben
  7. Thanks Berta for all your wisdom....very much appreciated. I am getting that IMO which includes the neurology exam and MRI. I will file a motion and send in the IMO evidence with that. I guess if they still deny me..I will go to the CAVC
  8. Berta, I understand how important now that IMO is going to be for my case. But if at this point I was denied by BVA and have this 120 days to appeal....I am now fighting tohave put back into remand staus I can further my evidence to support my claim. I just wonder if BVA can get away with denying my claim and going against thier own past remands orders. I need BVA to put this claim back in remand status to make them go back to the claim date(1994). If they will not grant me this remand back to RO...then I am screwed and all these years of keeping it at least in a status that favors my
  9. I guess it all comes down to this......Does the Board of Veteran Appeals have the right to take a remand order from 1998 which states, " The veteran should be scheduled for a VA examinations be an othopedic surgeon and a neurologist for the purpose of determining the nature and the extant of the severity of his residuals of a fracture of the L2-L3." BVA continued to remand this issue back to RO all these years for that same reason as above. Then BVA changed their own "wording" of the remand order in 2004 to state, "The veteran should be scheduled for orthopedic and neurologic exams" I w
  10. Berta, Since 1995 BVA has been remanding or vacating their decisions because they made a statement ordering RO in 1995," to allow me a neurologist and an orthopedic surgeon because in order to determine the nature and the severity of the residuals of a fracture of L2-L3." Well, as you can imagine...RO finally sent me to those Drs. in fall of 1998. Those buggers then denied me by stating I never went to the appts. BVA denied me as well. Then I had BVA vacate their denial because I proved I DID GO TO THE APPTS. Funny thing RO said I called in and cancelled the appts. That sunt of theirs cos
  11. BVA granted me a remand on an 1998 decision they made. In 2001, I had a BVA decision that vacated all prior decisions... 1999 and two 2001 Board decisions In 2004. BVA granted me another remand decision. All these remands and the vacate were due to RO neglecting to follow a 1998 Board decision to allow me a Neurologist and Orthopedic Surgeon. I was going over my 2004 Board decision and I noticed they became quite lax on their remand order now stating to "allow me neurological and orthopedic examinations" My 2010 Board decision now denies me the entitlement because they state they have
  12. I had an VA Rep at the office today tell me his "facts" about extra scheduler TDIU claims. Can anyone out there remark as to if these statements were correct??? 1. If you file for a TDIU claim based on extra scheduler..you must first be denied on the schedular rating decision from RO first. Then you have to appeal that decision to RO so they can look at it as an extra scheduler claim. That they do not send it the first time around to the Director of Comp and Pen. for a decision. 2. Once you file for an TDIU extra schedular claim all the Director of Comp will do once they receive it is
  13. I am going to send evidence in to the VARO because I believe they made a mistake...from what I can tell on the effective date of paying out my award. I have an earlier initial effective date (evidence to support this)than they do. All I want to do is have my local VARO look into it and see if I was right and they have to pay me accordingly. I have about 4 more months to go before I run out of the 1 year law. Now I can only find a motion to reconsider that would go to BVA. But I believe that since the VARO is the one who granted me the claim and awarded me with that date that they should be
  14. I am in the process of writing to BVA to have them reconsider their decision to deny my increase for L2-L3. I had a C&P dated March 9th,2008 I was supposed to be afforded an Orthopedist and a Neurologist (remand order that has been in affect since 1994 by BVA) Anywho...Dr. P was very thorough with the exam. Forward flexion= 10 degrees Extension =10 degrees RT and LT Flexation =7 degrees rotation RT and LT = 25 degrees Sitting/ lying straight leg raises= 50 degrees Now.... following this exam about two weeks later...I went in to have my prostate removed due to having cancer. About
  15. Thanks Carlie and Berta, Then it is my understanding that the Radiculpathy of 10% that was granted by BVA should be awarded without delay from the RO. I found the fast letter and will submit it to the RO I understand the PTSD issue as a full grant from BVA could be held up for rating due to the remanded Pain/Mood disorder. The PTSD was granted from a 2009 C&P exam as well as the pain/mood disorder. RO stated the PTSD was unprovable to service connection. BVA of course say it as service connected. My understanding is that BVA remanded the pain/mood disorder back to RO because we filed
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