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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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yulooking

Cue Of A 1994 Decision

Question

i have post on this before. its get crazy i did a cue of my 1994 decision it got to the bva they dissmissed and say there can not be a cue of a open claim.. sound great to me i was give 60% for the same issue in 2001 so i would think my effective should be 1994 right..no do you no a judge at bva granted me 20% and no more. i have never in all of life or decision seen this done. not kidding put on there no more. they open and infromal iu claim back to 94. wow i was granted iu in the same 60% claim so my iu effective date sholud now be 1994 right. no they remaned it to amc to get a medical openion. now listen to this they denied my elbow in 1994 on the bva they granted my elbow. amc work the claim i got 0% effective 2007 with one line on the decision they didnot even use any of my records. and look at the effective date.

ok i put in for recosideration told it with judge now with lawyers now with judge now with lawyer get it. i no this is bull

ok this what happen in 94 ro failed to certify the issues to the board so it sat there for all those year

i put in paper was granted 60% for same issue and granted iu 2001. i have never work. i no by law my effective date should be 1994

but what got me is this ro failing to cretify to the bva. doe this mean that bva has to make a decision on my 1994 claim to complete it. or would the dro 2001 complete my claim.

need help not sure about that one can even find were this has happen i need u team hadit

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Listen to the advice of your attorneys. You will win eventually.

J

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no when i call to check on claim they tell me it with va lawyer it with the judge i put ina reconsideration of bva trying to adjudcated my claim when it was already adjudcated in 2000 when i was granted 60% for the same issue and iu .they open and informal iu claim because 94 comp exam doc stated i was not work i was granted iu in 2000

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"but what got me is this ro failing to cretify to the bva. doe this mean that bva has to make a decision on my 1994 claim to complete it. or would the dro 2001 complete my claim."

When a claim is transferred to the BVA -I think you mean the Certification to the BVA they have to put on a I-8,

An I-8 ( I will try to find one or the link and post it here)

has a check list of all the things the VA supposedely did prior to transfer.

It is a CYA document.They deliberately check off the Yes boxes when their answer should be No.This utter lack of responsibily is one reason for the backlog.I feel the I-8 can be basis of legal error too.

They didnt do any of the things they said they checked off as done on my I-8 for my AO death claim. I raised this issue to the BVA in addendum to my I-9.

Does your C file reveal a copy of their I-8? You might have to send your VARO a FOIA to get it.

I am not sure however in they used the same I-8 format in 1994 however-

those were the days of denied due to not being a well grounded claim.

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I got off the track here- if they failed to certify the case to the BVA I would assume that the RO still holds jurisdiction over the claim and the decision.

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i did a cue of my 1994 decision. it got to the bva and they dismissed it and said there can not be a cue of a open claim.

i put in for recosideration. told it is with judge now. with lawyers now. with judge now. with lawyer. get it. i know this is bull.

ok this what happen in 94. RO failed to certify the issues to the board so it sat there for all those years.

I put in paper was granted 60% for same issue, and granted IU 2001. i have never worked. i know by my effective date should be 1994.

but what got me is this ro failing to certify to the bva. does this mean that bva has to make a decision on my 1994 claim to complete it? or would the DRO 2001 complete my claim?

Your "claim" remains open and pending adjudication by the VARO in the first instance, (38 CFR 3.160 Status of Claims).

The BVA should send it back to the RO, and instruct the RO to adjudicate your claim.

Can you post the most recent BVA decision? ~Wings

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

subpart a - PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION

3.160 - Status of claims.

The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.

(a) Informal claim. See 3.155.

(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See 3.151, 3.152).

© Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See 20.1103 and 20.1104 of this chapter.) (e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in 20.1304(b)(1) of this chapter. (Authority: 38 U.S.C. 501) (f) Claim for increase. Any application for an increase in rate of a benefit being paid under a current award, or for resumption of payments previously discontinued.

[27 FR 11887, Dec. 1, 1962, as amended at 31 FR 12056, Sept. 15, 1966; 55 FR 20148, May 15, 1990; 58 FR 32445, June 10, 1993]

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