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Won Appeal... Sorta

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jtg1966

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jtg1966 Contributor

jtg1966

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alright so i won my appeal...but the dro only sc'd me back to 1/09...back in may of 08 after i put in my nod...they sent me a SOC and VA form 9...well i've been homeless on and off for the last 20 years...and the SOC and VA form were returned as undeliverable...

however, i submitted information in jan 09 stating among other things that the VA had not acquired my clinical records from the service...

I wrote a letter to the secretary of the va in jan 09, and a letter to my senator and congressmen one in 0ct of 08 and one in jan 09...i got three letters (one answering the senate inquiry, one answering the congresstional inquiry, and one answering the letter to sec va) back from the director of the st petersburg VARO on feb 20 09 stating that the information that i submitted in jan 09 would be accepted as my va form 9 if i was in agreement...and that a representative from the RO had spoken to me on jan 26 and that i agreed to continue with the appeal and that i elected a bva travel board hearing...

the dro has interpreted the information filed in jan 09 as a request to reopen my case...what about the three letters from the director of the RO stating that i was in appeal? I spoke with my POA and they agree that the dro is wrong with his effective date...and that they tried to get him to assign an appropriate effective date...but that he won't budge...they say that the only way to get an appropriate effective date is to nod the decsion and appeal again....WTF?

the three letters are identical execept for the salutation...

I attached one of the letters...

thanks in advance for the wisdom of this forum---john

appeals3.pdf

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jtg1966 Contributor

jtg1966

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berta, i do not have documentation for them saying that the only way i can get a proper award date is through appeal...the american legion is playing cya too...the poa verbally told me that nod and appeal was the only way to get the proper award date...

at times over the years i've had different poa's and frankly...they haven't done much for me...i can quote the cfr's nearly by rote and bva and cavc case law...and they don't get it...amvets, dav, american legion...seems like i know more than them...i beat the VA to death over getting this initial rating...

i just got a lawyer like 3 days before the dro decided the case...the lawyer isn't on record as my representative yet...it takes the st pete ro up to 6 weeks to switch the poa...

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carlie Grand Master

carlie

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carlie as of last week i was 20% sc...with the 50% bipolar it's now 60%...i updated it...i've gotten the back pay 8041.00...and this month's 60% @ $974.00...but i haven't gotten the award letter yet...i got the back pay on thursday... and the monthly friday actually....but it was split...243 and 731...

berta, my VARO is St. petersburg, fl...

jtg,

Spend the money wisely - lump sums do not come very often.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

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john999 Grand Master

john999

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Put the retro in the bank. You may need more medical reports in the future and they cost money. A cash cushion can give you the time you need for an IU claim. If you are not working then an IU claim is in order.

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militarynurse Community Regular

militarynurse

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alright so i won my appeal...but the dro only sc'd me back to 1/09...back in may of 08 after i put in my nod...they sent me a SOC and VA form 9...well i've been homeless on and off for the last 20 years...and the SOC and VA form were returned as undeliverable...

however, i submitted information in jan 09 stating among other things that the VA had not acquired my clinical records from the service...

I wrote a letter to the secretary of the va in jan 09, and a letter to my senator and congressmen one in 0ct of 08 and one in jan 09...i got three letters (one answering the senate inquiry, one answering the congresstional inquiry, and one answering the letter to sec va) back from the director of the st petersburg VARO on feb 20 09 stating that the information that i submitted in jan 09 would be accepted as my va form 9 if i was in agreement...and that a representative from the RO had spoken to me on jan 26 and that i agreed to continue with the appeal and that i elected a bva travel board hearing...

the dro has interpreted the information filed in jan 09 as a request to reopen my case...what about the three letters from the director of the RO stating that i was in appeal? I spoke with my POA and they agree that the dro is wrong with his effective date...and that they tried to get him to assign an appropriate effective date...but that he won't budge...they say that the only way to get an appropriate effective date is to nod the decsion and appeal again....WTF?

the three letters are identical execept for the salutation...

I attached one of the letters...

thanks in advance for the wisdom of this forum---john

Is it even legally possible to "reopen" an existing claim already on appeal with new evidence? Can the VA just ignore a remand pursuant to an appeal due to the "reopening" and ignore the earlier effective date of the filing of the original claim this way?

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