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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Jim 501st

Does Vba Judge That Hears Your Case Make Decisions

Question

I will not go into details of my case at this time, but a short statement and a question.

I had a televised DRO hearing in Dec. 2008. It covered four issues. I got a ssoc and denial on all four issues in March of 2009'( I also got a copy of the transcript which was a joke. Everything I said was not legible, maybe three words per sentence connected by lines.)

My rep. advised me to fill out a form 9. He said if I wanted a televised hearing it would take about two years at the Huntington RO. If I could afford to go to DC it would probably be within a year so I elected to go to DC.

I filled out the form 9 in May 2009. I turned my case over to a Lawyer the 1st of June 2009.

I received a letter on the 15Th of Oct. 2009 advising me I had an appointment the 30 of Oct 2009 at the Huntington ro with a traveling VBA Judge.

I was represented by Jan Dill law firm which has an office in Charleston. They had just received a copy of my c-file a week before and when I went for my appointment a week before my hearing they had already gotten an IME on the claim for my Knees.

I noticed that the Judge was completely familiar with my case and ask if it was alright if we waived the right to the hearing in DC and had it there. Of course I agreed. I also noticed that she phrased her questions in a manner that I had to give an answers that supported my claim on all four issues.

After the hearing My Lawyers wanted to meet with my wife and me in private. They told us they had eight other cases before that Judge that week and I was the only one that the Judge ask leading questions. The Lawyers also had a brief meeting with the Judge after the hearing, before meeting with my wife and me. In our meeting they were absolutely gleeful and told me I would have my decision within two to three months.

My question is. Does this Judge go back to Dc and make the decisions on each case or is it turned over to a board or what and does this case sound like normal protocol.

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VBM 13.3 BVA TRAVEL BOARD HEARINGS

A BVA Travel Board hearing is unique in that the Veterans Law Judge who will be deciding the appeal actually travels to the RO to conduct the hearing... Hopes that answers your post. Good luck ;)

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Good Luck

Happy Lawyers usually mean money in your pocket.

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I will not go into details of my case at this time, but a short statement and a question.

I had a televised DRO hearing in Dec. 2008. It covered four issues. I got a ssoc and denial on all four issues in March of 2009'( I also got a copy of the transcript which was a joke. Everything I said was not legible, maybe three words per sentence connected by lines.)

My rep. advised me to fill out a form 9. He said if I wanted a televised hearing it would take about two years at the Huntington RO. If I could afford to go to DC it would probably be within a year so I elected to go to DC.

I filled out the form 9 in May 2009. I turned my case over to a Lawyer the 1st of June 2009.

I received a letter on the 15Th of Oct. 2009 advising me I had an appointment the 30 of Oct 2009 at the Huntington ro with a traveling VBA Judge.

I was represented by Jan Dill law firm which has an office in Charleston. They had just received a copy of my c-file a week before and when I went for my appointment a week before my hearing they had already gotten an IME on the claim for my Knees.

I noticed that the Judge was completely familiar with my case and ask if it was alright if we waived the right to the hearing in DC and had it there. Of course I agreed. I also noticed that she phrased her questions in a manner that I had to give an answers that supported my claim on all four issues.

After the hearing My Lawyers wanted to meet with my wife and me in private. They told us they had eight other cases before that Judge that week and I was the only one that the Judge ask leading questions. The Lawyers also had a brief meeting with the Judge after the hearing, before meeting with my wife and me. In our meeting they were absolutely gleeful and told me I would have my decision within two to three months.

My question is. Does this Judge go back to Dc and make the decisions on each case or is it turned over to a board or what and does this case sound like normal protocol.

Jim I had asked for a video hearing or a traveling board hearing whichever could be held the earliest we were schedualed for Feb 4 2009 we exected it to be a video hearing, instead the BVA Judge was there in the building, so it was my lawyer, my wife and I and the Judge, we had the proof from the state doctors licensing board to prove the specialties all of the doctors were involved with my case were, the VA doctors cardiac specialists turned out to be a Nurse Practioner, a radiologist, a regular MD not one cardiologist among them all of my IMOs even the one from my VA doctor that they claimed was nothing more than a resident, was licensed by the state of Georgia as a cardiac specialist at MCG who also worked at the VA, then I had 2 board certified cardioligists and one board certified psychiatrist who was a Professor on the staff of UCLA and was a retired Army Colonel James S. Ketchum http://www.forgottensecrets.net/ one of the staff from Edgewood Arsenal who connected the dots between my early onset of PTSD and the early onset of my cardiac problems and the substantial report that indicated this causation compiled by Dr Boscarino that was considered relevant enough by the VA to be put into the Federal register, the BVA Judge already had read my file to be up to speed on the gist of it, he read the new evidence and the new IMO we turned in that day that dealt with elevated triglcerites and cardiac onset and the Judge was concerned that was I comfortable that I had dealt with all of the issues that I wanted him to make a decision on, was there anything new I wanted to bring up etc, it was almost like he wanted me to ask for more, I told him that I felt my evidence spoke for itself and I was confident inwhat my lawyer had presented and that I had a valid case for my cardiac problems and my hypertension to be SC.

Little more than 3 months later April 7, we got the lettwe from the BVA Judge granting my claim from CAD and hypertension, they then sent my claims folder back to the RO where they rated the CAD at 60% and hypertension at 10% and wrote the award letter and issued the back pay on June 4, 2009 so you still have 3-4 months after the Judge makes the grant before the VA actually sends you the back pay.

But it sounds like you have it going on now, if your lawyers are gleeful then you have reason to be thinking positive, no win no paycheck for the lawyers, thats one reason I like the idea of using lawyers they are motivated to win, they don't get paid if they don't SOs really could care less you are just another file to them and they get paid their same paycheck every 2 weeks or monthly whatever it is no matter how many wins or losses they get.

I was lucky my lawyer took my case pro bono as they denied my claim in May 2007 and legally we could not hire lawyers until July 2007 all the lawyer would take was the money they fronted for the IMO in Jan 2009 and some mailing fees of medical records to one of the IMO doctors etc I intentionally sent a check larger than what I knew was owed, but they returned the difference telling me that I could not even buy them lunch due to ethic rules. Now thats an honest lawyer, I would not have begrudged them the 20% fee, but the VA rules did not allow it, what they gave me in winning the claim is the satisfaction in knowing thatmy wife and son will now get DIC benefits when I die from this congestive heart failure I have, the chance my heart problems will kill me before the symptoms of PTSD does is the greater percentage, that was the reason I would not drop the cardiac issues security for my wife and son they deserve it at the least but for some reason the RO was determined not to let me have it without the fight to the finish I love the VAMC and hate the VARO just like jekyll and Hyde

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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