Do I Need An Attorney Now.

[RSG]

Hi folks,

After receiving the Info from the BVA judge, and my service connection being granted, do I need to file some

more forms for the retro, or should I just give all the info to an attorney and let them handle it. Called BVA

and they say that my claim now goes back to the VARO and the make the decision about my percentage of

disability. I am confused was to what I need to do now. Can anybody point me in the right

direction or do I just need to sit and wait or the VARO to finish?

Thanks

[Josephine]

I found out yesterday that they are only gonna pay me back to 1990, cause I didn't file and NOD on the other years,

cause the DAV never told me about that form in 1969or the other earlier filings. They never told me about that until 1990.

Can I sue the DAV for not doing their job properly, or just not helping me for those early years. Filed the TDIU BTW.

Thanks Betty,

Ron

Ron,

The BVA Judge only agreed to pay me back to 1992 due to Both

New and Material Evidence.

That is a fictious date someone dreamed up by the AMC. I took it and

went alone with it all. I know my filing date was 1978, but

I am laying low on this.

It may be very difficult for you to prove the wrongs of the DAV.

I would watch out for the rating of 1990.

Just think Ron, you are talking about 18 years of retro.

As I told you, they started me with 10% for the first five

years and it went to 50% for the next 9 years and then to 70%

for the last three years.

When that was all added up, that was a large sum of money. A very

large sum of money.

Think about the money due you and you have been on SSD for five years

My advice at this time is to take the money and run to the bank with

it, for you have proved your claim.

Never being service connected, you will receive a check in the

mail on a Saturday Morning and then you will be able

to look at it until Monday.

When you receive the rating then you go right back at them.

You will also be getting your monthly check started.

Sure hope that I have helped you.

Glad that you did get the TDIU form in. I did get my 100%, and it

was only a 4 month delay. Pretty fast I think. Rated in May

and now 100% here in September.

Always,

Betty

[RSG]

Was your BVA award based on New and Material Evidence?

What was the original denial and what did the VA use to deny it.

Was the award for records that had been recently discovered?

I would have to see why it was originally denied.

J

The original denial was for a pre-existing condition, that never existed according to the BVA judge. and all my original records.

He said I never had any pre-existing condition. Everything that happened, was incurred in the Service. All my recorde show this.All the issues that occured, occured in the second week of April 1969.The records prove this,

and yes, the new and material evidence showed this.

Thanks, Ron

Edited September 26, 2008 by RSG

[RSG]

If the DAV cost you retro money and you can prove it- the rep can be sued in state court and found liable.

I sued the DAV in a Federal COurt-I won my VA claim before that went too far- the Judge told me I belonged in a state court-but the VA awards mitigated the damages I claimed-anyhow-

I strongly feel that any vet org chartered by COngress should be liable for civil action in Fed Court-

The USDC Judge here in Syracuse didnt buy that premise-

I had no damages to go into a state court after the award letters came

Also there are new regs regarding vet reps and their accountability- and one can always file a complaint with the OGC against them as I did-

You need evidence just like a VA claim-of what they did or didnt do and how it damaged you.

OGC complaints (they never got one from a claimant before unil I filed under 38 USC 14.633) dont involve any money- but

the reps can be sanctioned and lose their accredition-

You MIGHT have the potential to file a CUE claim on the past denied decision-hard to say yet-

I hope you get more info from the VA soon-.

Berta,

Yes, the DAV cost me money, they always said I had no recourse because of the supposed pre-existing condition. They

always agreed with the VA, and never wanted to look at my claim any further than the supposed pre-existing condition.

The BVA judge determined that all the RO's and tha DAV offices were wrong. The condition did not exist prior to my service

and all my problems started in the second week of April of 1969.

Ron

[john999]

The only way to go after EED for final unappealed decisions is CUE if you can prove it. Otherwise go after the VSO. I don't know how hard that is since they probably have a very low standard to meet to say they represented you to the best of their ability. It is like suing a union when they do a crummy or sellout job on a grievance. I know how you feel since VFW once appealed my claim stating I should get more compensation because I was a personality disorder. No one told me about appeals or NOD's back in 1971 when I first got SC'ed.

[RSG]

The only way to go after EED for final unappealed decisions is CUE if you can prove it. Otherwise go after the VSO. I don't know how hard that is since they probably have a very low standard to meet to say they represented you to the best of their ability. It is like suing a union when they do a crummy or sellout job on a grievance. I know how you feel since VFW once appealed my claim stating I should get more compensation because I was a personality disorder. No one told me about appeals or NOD's back in 1971 when I first got SC'ed.

Yep, DAV did they exact same thing to me, never even mentioned an NOD to me. They just thought I'd go away. Seems like DAv is

in cahoots with VA, doesn't it! I don't Even know what EED is?

Ron

[john999]

EED= Earlier Effective Date. When you go back to try and change a decision that has become final the only way to get a higher rating, or SC that would go back to that original date is to show CUE. That is my understanding of it. You can reopen a old claim but your effective date for a new or higher benefit would be the date you reopen, and not the original date. You should have seen my original rating decision....two pages, no appeal rights, no reasons and basis, no nothing except a diagnosis and a rating of 10%. They completely ignored my doctor's report that said my condition was much worse. They did not even list or refer to it, but they had it.