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.
Question
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 by RockyA1911Link to comment
Share on other sites
Top Posters For This Question
2
2
1
1
Popular Days
Nov 19
8
Top Posters For This Question
Wings 2 posts
carlie 2 posts
RockyA1911 1 post
Berta 1 post
Popular Days
Nov 19 2009
8 posts
Posted Images
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now