Pending Soc For Earlier Effective Date For Skull Loss

[RockyA1911]

I had been awaiting a SOC for the appeal for earlier effective date back to 28 Nov 1976 as that was the original filing for skull loss and date after discharge from the Marine Corps. They previously granted the service connection of 50% for skull loss with effective date of 5 March, 2005. In that decision they used under reasons and bases the same exact medical evidence provided in the earlier filing of 15 Nov 1976.

I got the big white envelope today, it said that a SOC was not necessary and that after thorough review their decision is:

Full Grant of all benefits sought on appeal.

They granted the 60% combined total compensation from 28 Nov 1976 to 25 March of 2005, then 80% to 18 Oct 2007, then 100% from 19 Oct 2007.

They explained there was not CUE since to have a CUE there first must have been an adjudication of the claim. They determined it was an unadjudicated claim that they failed to adjudicate.

So I started this long journey in March of 2005 at which time I was only getting 10% for post concussion residuals from the 1976 decision.

I tried using the VSO's AMVETS etc., but they snuffed me or condescended me and I soon realized that they were not savy as to the CFRs and how the whole process is supposed to work for success in winning your claim, in fact most VSO's were pure horses asses to me and kept telling me I didn't have a chance in hell.

Well, here it is 18 Nov, 2009 and it is finally all over with. Thanks to my long time membership on hadit, the internet VA websites, BVA decision, M21s, and other regs as the CFRs I am through and was 110% successful. So it was a long 4 yrs and eight months but all is well that ends well and what a relief finally.

To recap I ended up finally with 100% P&T with HB SMC and 60% compensation earlier effective date from 28 Nov 1976 to 5 March 2005 and that is in the 6 figures. Just last week I tried the AMVETS and told them of the pending SOC I was supposed to get and they told me to go represent myself and Who told me to file a CUE in the first place!!!!

I then was contemplating a lawyer yesterday and pay 15% of the grant.

So it ended up I represented myself pretty darn good for an old Vietnam Vet Marine.

So to all, don't be discouraged. If you have the evidence of record that supports a service connection condition, you will win!!!! It's just a matter of time.

Thanks Berta, Pete, Cowgirl, Vike17, Carlie, and John.

Edited November 19, 2009 by RockyA1911

[carlie]

Rocky,

All I can say is,

Damn

Damn

Damn

Damn

Damn

Damn

This is GREAT - what a friggin shock - they FINALLY did something right.

WOW - WOW - WOW !

carlie

[Wings]

x

x

x

Congratulations! I am very, very happy for you ;-) ~Wings

[Berta]

WOW_ This is GREAT!!!!!!!!!!!!!!!!!!!

"They explained there was not CUE since to have a CUE there first must have been an adjudication of the claim. They determined it was an unadjudicated claim that they failed to adjudicate."

Say what?

Double WOW- either way- they OWE YOU plenty- this is quite extraordinary news! I need to find all your posts Rocky- I will be able to learn from them.

[john999]

Wow, don't spend it all in one place. That retro should set you up pretty good. You got your 100% and a cherry on top!

[akwidow]

It just goes to show you that hard work pays off and miracles to occur~!

Way to go with the win---

AkWidow

[carlie]

This is just to remind members and to point out to

some of the newer members, to never give up and don't

let anything get your hopes down, when you know you have

a good and solid claim for veterans benefits.

Rocky started at Hadit in around October of 2005.

If you want you can go to the link below and research

some of the struggles he has had to overcome

Here's a link to Rocky's topic posts at Hadit.

carlie

http://www.hadit.com/forums/index.php?act=...mp;hl=&st=0