I Need The Big Wigs Hadit

[Mr cue]

ok i was 10% from 94 until 2001 when i put in my own paper i was granted 60%iu because i had not work since 94. i did a cue of my 94 claim and the bva say there can not be a cue of a claim that is still open. so remaned it to amc that whole story but i got the denied from amc say it on the way back to board. call vba today was told it in transit. ok now if my claim from 94 is still open than that means my eef date should be 94 for my 60% iu right i look at laws anyone every since any thing like this.

[deltaj]

i got hurt in army i was 22 i have not work since i apply for ssd and was told i dont have work credits so now that my claim for m 94 is still open i will use 94 as my date to get ssd now i should have no problem with work credits but one fight at a time .

Make sure that Social Security has a copy of your discharge document from the Army so they can give you military wage credits. Also if you are just a little short of credits you can request Social Security recompute your earning as earned rather than as paid.

[broncovet]

I am not a hadit big wig, I am the designated hadit foul up, trying to work my way up to flunkee-apprentice. If I do well at flunkee-apprentice, I can apply to be dirt. Several steps below dirt, according to the VA, is the Veteran. I dont have the authority to change my mind, unless my mind needs changing, which is 100% of the time.

I think if you get awarded benefits, the effective date will be the later of when you applied, or when the facts show you were disabled. Just because you applied in 94..it could be that YOUR DOCTOR said you were disabled in 2009, and your effective date would be 09. That is, just because you applied in 94, does not guarntee that, if awarded benefits, the effective date will be 1994.

My experience is that the VA Always tries to maniputlate those dates in their favor. They are going to go over a 15 year retro with a fine tooth comb.

If you do get benefits, expect that the VA will make you fight for your effective date, in the same way they made you fight for your benefits.

The VA loves to take a 2 step process and turn it into 45 steps, then, when you finish the 45 steps, tell you that you have to start all over again with your effective date.

[Berta]

were you awarded SSI when SSA turned you down?

If so what for?

"ok now if my claim from 94 is still open than that means my eef date should be 94 for my 60% iu right i look at laws anyone every since any thing like this."

I feel Carlie is correct here-

either you were 60% then by medical evidence OR

at a lower SC but maybe they owe you a staged rating.

If I had an open claim back to 1994 I would be whoop ti dooing- and trying to get all evidence they asked for in the VCAA letter or SOC from the AMC.

(forgot-in essense I DO have an open claim back to 1994 due to Nehmer)

but the medical evidence for me is well established-

have you gone over your medical records carefully back to 1994?

Have you looked over carefully any rating schedule for all of your claims?

I guess I mean the blue sheet-

the one where they describe the disability,then say SC or NSC and then give a rating for it.

Halos that was CUTE and we NEED Humor here-without a sense of humor the VA would have turned me into a basket case by now-

I thought we are ALL big wigs here! We all know more about VA case law then the VA does.

[Mr cue]

i am trying to explain 94 granted 10% put nod got soc did everything to appeal never went to board i never no this 2001 put more paper in thet reopen granted me 60% iu. i did cue of 94 claim bva say there can not be a cue of a still open claim. remaned it to amc. on remaned on denied from amc no saying that my case was won in 2001 it like there doing the playing or something i had arep 94 should he told me or when i was granted 2001 should they have no that my claim never went to thhe board.

[Berta]

Can you possibly scan and attach the AMC decision?

Cover the personal stuff

This IS a game- if the AMC considers this claim was resol;ved but the BVA remand said it was still open-

I would put money on what the BVA said. They can read at the BVA.

I dont understand this:

"i had arep 94 should he told me or when i was granted 2001 should they have no that my claim never went to thhe board"

If you have a BVA remand or decision that means it DID go to the BVA.

Can you give us the BVA year of decision, Docket number and citation number of your BVA case?.

[Wings]

i am trying to explain ...

I am going to try and edit this for Yulooking. I suggest he find a spell checker. ~Wings

1994 was granted 10%. I filed an NOD, and received SOC. Appealed, but my appeal never went to the Board --and i never knew this.

2001 sent more evidence, and that reopened the claim. They (the VARO or BVA?) granted me 60% TDIU.

I filed CUE on the 1994 claim, but the BVA said there can not be a CUE of a still-open (pending) claim. The BVA remanded to AMC, and the AMC said my case was won in 2001. It's like they're playing or something.

I had a Rep 1994, shouldn't he have told me; and shouldn't the VARO have told me when i was granted 2001 that my Appeal never went to the Board in 1994?

Edited November 21, 2009 by Wings