Question Retired Va Records

[bena]

I discovered the other day va retired my medical va records in 2000. I ask if my military records could be in them most likely. It had been several year I hadn't used va.

american legion has my poa

filed a nod for the evaluation on the seizures and the synovitis of the right knee on 06/30/89.

soc issued on 10/03/89. she never formalized her appeal with a form-9.

november 1990, she failed to report to a routine future exam and subsequently her award was terminated 05/91

she still seems to owe 8,490. in air force severance pay they have not yet recouped.

during this time I moved around allot. Is there a way to find out where they have send my notice for these appt.

I'm realizing more and more thing I needed to do I messed up.

friends and family didn't realize how import these letter were.

at this time I'm 20% I'm very lucky to have outstanding doc.

[Berta]

I am surprised they are not recouping the USAF severance pay from the comp you get now. ???

Have you formally requested the VA to get these records out of retirement?

That can take time-best to request this now-

Also have you yourself obtained copies of your SMRs? Service Medical records?

Have you attempted to re-open the claim with new and material evidence?

Was the severance stuff squared away in those old letters? ??

Edited July 6, 2007 by Berta

[bena]

I filled may 2006 I was awarded 10% nod received 20% . They had given me 0% may 91.

I have requested my records hoping my smr are in with these records I know they were at one time.

Berta thank you for your fast reply

Friend of mine said I should be able to get back pay to 1991. I don't know how.

[Berta]

If the VA made a clear and unmistakable legal error in the older claim, a CUE claim could bge filed for more retro-

I dont see the potential for that-

then again-that would be based on how the VA applied VA regs in existence at time of the older decision and if they commited legal error that would be CUE claim basis.

The fact that they said you did not report for a C & P is very unfavorable to pursuing that claim.

I know there were probably-many extenuating circumstances- still- based on what you have posted-

I guess you applied for a higher rating percentage?

I see they turned on your NOD- good for you-

If your medical evidence puts you into a higher rating criteria- the EED would be the date of this newer claim- if the claim has been filed-

and the retro would be back to the date of any new claim if successful.

I am confused again- (not enough coffee yet)

What was the date of the 20% decision?

Dont you have time to NOD the 20% for higher rating or in fact is that what you and the AL have done?

NOD the 20% decision with medical evidence that shows higher % is possible?

A vet can NOD them ad finitum- on decisions they think are incorrect-and preserve their initial EED this way.If they NOD within the year after the decision comes.

BTW ----ALL vets and widows with NODs filed after June 20, 2007 are now able to choose to hire an attorney to help prosecute their claims.

[bena]

effective date may 2006

recived notice of 10% dec 2006

nod jan 2007

decision may 2007

nod jun 30 2007 or new evidence. I believe this is the second to last opportunity

[bena]

Berta thank you

I keeping my effective date of may 2006. I going to keep it as simple as possible depend on evidence to get higher %. I messed up years ago not understanding I could get higher % va. I thought once they made a decsion that was it. I hope the young warriors coming out get informed with good advise. I will tell anyone I know who is still in the military to checkout this website. This is the best place to find up to date information.

[Berta]

Indeed- when the Veterans Disability Commission asked for input and feedback from veterans etc- regarding the newly returning veterans- I made the point that we at hadit.com and many other web sites (although this is the best one) can help these men and women as they move through the claims process-

I told the committee that these vets should be given pamphlets or something prior to discharge (or even before disacharge)with the hyperlinks to hadit.com, NARA, the VA web site itself, which is really excellent, Military.com and to numerous other sites that they will need for potentially finding unit buddies for buddy statements etc- as well as sites for their individual branches of service and how to use the GI bill.

The GI bill- my daughter said another vet she knew had a heck of a time intertreting the GI bill info at VA.gov/

it is very confusing-

I found something at Mil.com or somewhere and sent her the link on the GI bill and the vet said he got all the info he needed as this other site spelled it out like it really is and the VA site info was very hard to comprehend-

Nevertheless the VA web site is very good and the VA should make sure these men and women have all of the info they need.

I started in the electronic vets community in 1988.Vet Link-

Modem to modem-no internet at all-but these days- the internet is the key to succeeding in many VA claims.

The transition out VA spiel when these men and women are mustered out - my kid said it was very good-and the VA guy covered a lot- but being the daughter of a disabled vet- and daughter of mom who is always surrounded by disabled vets-

she said it WASNT even close to what the VA claims process is really like- a paper Battleground for way too many of you all---

our men and women in harms way need all the info they can get as to what help is available on the internet for them.

Edited July 6, 2007 by Berta