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Found 1,906 results

  1. A friend just told me that he recently submitted a new claim while he had a claim at the BVA. I told him I thought that it might hang up his BVA claim. He is already at 70% going for his TDIU. Any thoughts?
  2. Ok here we go, husband is 100% TDIU & P&T. Went for a hearing test in 2003 and was rated by the Cleveland Regional Office, SC at 0%. Went for a hearing test today and was told that he had a paper that said he was denied for SC and showed him where he was not rated at all for his hearing. He also had Jim's services records from when he was discharged where it stated that he had significant hearing loss. His hearing tested fine before entering the service. Jim has never seen these records. Now where do you think we should go with this? The guy that gave the hearing test seems to think that Jim should have been SC all of these years for his hearing. Thank you Aimee
  3. Had a C & P at audiology. The ENT that was supposed to cover my chronic otitis just wanted to talk about my tinnitus. Fittingly, sitting in audio for my tinnitus, the main topic was my otitis! Had the same snake in the grass that made her recommendations against my case in Dec. and I expect little else this time around. Is this some kind of a standard routine? mixing these up so nothing is conclusive and records are in the wrong folder or something? What are the odds it will be done over? The main feature of todays visit was a repeat of my Dec. hearing loss C & P. I guess they were hoping to get an inconsistent test if not create one! Naybe drop me back to 40% or call me a fraud! I have trouble with tones on the fringe - I don't know if I'm hearing them or it's my tinnitus. I started to raise my hand near the end because I thought I heard a faint high tone repeating. About that time she was in the booth taking off the headset - still heard my sound! A couple of them I felt the strong vibration of the machine at max, but never heard anything! As usual, stopped at ROI and arranged to get the records ASAP. Told the guy I'd see him in a week for 2 more. Another work week and I'm beginning to "jones" for a 70% total rating so I can start the ball rolling - OPM disability - SSDI - TDIU! My post office is currently faced with a safety hazard notice I've had to file twice now over them not activating (and reportedly not even ever setting up) the vibrating pager system that has been in place for years and has left me in the building during the last 2 fire drills. It has occurred to me (wishful thinking) that THEY may be the ones to suggest disability retirement! If I were to die in a fire, I don't think my wife and kids would have money problems!!!
  4. Does anyone have any info on the Stay proceedings order by the CAVC on July 19,2005 re: Friedsam V Nicjolson? Basically this widow took the VA to task on the unfairness of Chap 35- I suggest that when you are declared P & T by VA -have your kids apply for Chap 35 immediately even if they are still minors! Chap 35 regs are a crock!!!!! As a widow my Chap 35 were ten years limiting- I received the Chap 35 award letter in late 1997 and felt I had until late 2007 to complete my education. But widows are limited to 10 years after death- so in my case or in the case of Ms Friedman above (who the VA took NINE years to grant her DIC) the veteran's dependent children were too told (over 26) to be eligible for DEA (Chap 35) I have read numerous BVA cases re Chap 35 as a friend of mine with new retro award of 100% P & T finds that it isnt covering the years he had to pay for college for 3 kids while he waited fr a proper VA decision. This is a crock- I thought just widows and surviving children were being screwed but the VA is clearly denying Chap 35 to many dependents whose valid argument to the VA is how can one apply for Chap 35 when they have no eligibility? The VA regs suggest that a dependent (whether they know if they will ever be eligible or not) has to apply for DEA even if years before the P & T is awarded! I say, using that VA logic that any vet with an SC disability below 30 % should apply for TDIU-even before the medical evidence warrants it! As well as have their kids apply for Chap 35. Of course that wont fly- so why should this- I was sent two DEA applications with my award letter- stating Rod was 100% P & T back to 1991. I got the letter in late 1997. The ten year delimiting date was not based on when I learned of my eligibility but on his date of death, Oct 14, 1994. Well they cut off my Chap 35 in Dec 2004 and I have continued to pay my tuition myself and I think I Nodded the letter but need to duble check that today- as when my present claim succeeds I expect another delimiting date-which I better get! After I graduate next spring I am enrolling into another degree program- this is one big crock- here I find out many Chap 35ers aside from being survivors who get snookered are being denied too- The CAVC order is two part- There is a stay for 10 days following the Per Curiam (dated July 19th 2005) Also the "parties" Friedsam and Nicholson should try to reach a "Mutually agreeable resolution of the case pursuant to 38 USC 5113 (:P or any other means- where would to public's right to know provide the published resolution? It is Sept 14 and I find nothing at CAVC yet on this- maybe it is a secret so other vets and claimants cannot take advantage of it? I guess I will have to contact the attorney representing this widow at CAVC (if she has one) I am pretty thrilled that a widow has taken them on over how unfair Chap 35 is to all of you- Say your child has excellent grades in high school but you cannot afford to send them to college. Say after they struggle to get through college with your help, you get 100% P & T with a retro date that occurred during their college time-and the Chap 35 app- for your dependents- The VA MIGHT pay them one year retro tops if that-if they are still in school. Wouldnt the VA have a responsibility to send every veterans dependent a Chap 35 application with each initial grant no matter if it is 10% and even not P & T? The VA's position seems to be that only if prior application is made can retro be paid- so they should send the application to every veteran's dependent -even if they are 3 years old! I am really ticked at this whole situation- and I am still ticked at the errors that VA Education dept made on my educational claim as well as my kids claim- which they fixed real fast-the errors occurred because they cant read. Sorry for long gripe- ANY info at all regarding this Stay on 03-1432 Friedsam will be greatly appreciated. The BVA in 2003 actually stated that she should have filed DEA applications with her DIC claim! That is outrageous. The BVA cannot make up a new reg! ;)
  5. I’m 60% SC for ruptured sphincter muscle and 50% SC for mood disorder with a combined of 90%, I’m currently working but, having a difficult time, I want to put in for IU but I’m afraid to quit my job, I need my income with a family of 8, any suggestions? I’m willing to listen. Thanks, Allison
  6. http://www.va.gov/vetapp01/files02/0117428.txt This veterans compensation had been reduced! You can readily see he was dealing with a lot- The BVA even stated this: "The veteran's CUE motion and supporting arguments are vague and imprecise as to the precise legal basis by which he seeks to invalidate the November 1982 Board decision. He maintains first that the termination of the TDIU was "illegal and irresponsible," and second, that the VA examination performed in November 1980 was inadequate." Regardless of that he fully restored his benefits due to CUE. The American Legion repped him but I bet they probably didnt offer him much support -and his initial CUE was probably way too long. I say keep everything as short as you can because lets face it-no one needs to read page after page if the point can be made simply. Especially on CUES- Roland- ( known this vet for long time! glad you are here!) if I didnt email you this in the past I can if you need this case. just email me- This BVA CUE vet persisted! And throughout the actual claim that led to the BVA case he apparently was concise enough to get a good decision from the BVA. Cue criteria: 1. final decision 2.misapplication of regs and or laws at the time 3. outcome manifestly different (more retro or restored benefits- in this case) My two present CUES at VA are limited to about 5-6 sentences each and I attached copy of the decisions being CUED. One CUE I filed many many years ago- I wasnt even sure if it was a CUE or not in those days-1995- I simply said: WHERE's MY MONEY? And then I stated ( I was really mad) the atrocious error they had made in a decision and sent them copy of the decision.I called it an obvious clear and unmistakable error that anyone who could do simple math should not have made. I threw in capricious and arbitrary too.I was livid! Three weeks later I got the money- That claim is in one of my very old computers-something about their decision letter suggested I could not appeal it so I filed it as a CUE.
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