tdiu Appeals

[SLEDGE]

Just a quick update on the continuing saga of sledge vs the VA.

I filed an appeal of a denial of a claim in 1985.

That's correct, 1985.

By not being very smart in the workings of the VA and by having multiple claims going at the same time, I was too sick to notice that my 1985 appeal had never been adjudicated.

In a later decision, based upon another appeal with a later effective date for the exact same medical condition with the same medical records as evidence, they granted the 1985 claim that had not been previously adjudicated and assigned the much later effective date.

No new evidence has been submitted since 1979.

So the unadjudicated 1985 claim appeal is still open, to receive the effective date in 1985.

I'm pretty sure this is the difference between 50 percent and 100 percent based upon unemployability.

In my recent past my lawyer decided to study everything that the VA has done in my case since 1974.

This is standard procedure before letting any 'possible' earlier effective dates fall by the wayside due to not pursuing any more appeals.

In other words, before dropping my client status into 'previous client' status, one last look had to be performed by the legal folks.

This reminds me of the C&P appointments that the VA sent me to that only existed in the mind of the person making out the paperwork.

I showed up but, somebody forgot to schedule the clinics.

Which they used to deny my claim.

And the hearing that they canceled in 1996, which they then used as an excuse to deny my claim.

(The Vet never showed up for the canceled hearing.)

I'm back in the Court of Appeals for Veteran's Claims again.

The court had previously mentioned to the VA that they had really screwed-up this case from the word GO.

Which resulted in hardship for the veteran.

I wonder what the 'remarks' section will look like this time?

sledge

[Berta]

"In a later decision, based upon another appeal with a later effective date for the exact same medical condition with the same medical records as evidence, they granted the 1985 claim that had not been previously adjudicated and assigned the much later effective date."

Meaning -had they properly adjudicated the claim right in the first place- your EED would have been better?

"In my recent past my lawyer decided to study everything that the VA has done in my case since 1974.

This is standard procedure before letting any 'possible' earlier effective dates fall by the wayside due to not pursuing any more appeals.

In other words, before dropping my client status into 'previous client' status, one last look had to be performed by the legal folks."

This is a very good reason to have a lawyer when claims have been in the system for many years. It is well worth their while to see if there is any money to be had from past VA errors -for them and for the vet.

Good luck with this Sledge-please keep us updated on all this.You have been through so much with the VA-why stop now? You are a warrior!!!!!!!!!!!!!!!!

[SLEDGE]

At least I have a solid case at the court.

Until yesterday I did not realize that the 1985 appeal was not adjudicated.

My seemingly poor performance in my own claims is medically justified.

There is no moral or legal reason for why the VA has handled their part in such an unprofessional manner.

Their excuse would still seem to be, it's politically correct to screw veterans.

Nothing within the VA system is tied to good performance or becoming better at your job.

It's kinda like the bad guys in World War 2, just following orders.

When confusion sets in get a lawyer.

sledge

[Pete53]

Berta the VA did not allow lawyers until recently.

[deltaj]

Just a quick update on the continuing saga of sledge vs the VA.

I filed an appeal of a denial of a claim in 1985.

That's correct, 1985.

By not being very smart in the workings of the VA and by having multiple claims going at the same time, I was too sick to notice that my 1985 appeal had never been adjudicated.

In a later decision, based upon another appeal with a later effective date for the exact same medical condition with the same medical records as evidence, they granted the 1985 claim that had not been previously adjudicated and assigned the much later effective date.

No new evidence has been submitted since 1979.

So the unadjudicated 1985 claim appeal is still open, to receive the effective date in 1985.

I'm pretty sure this is the difference between 50 percent and 100 percent based upon unemployability.

In my recent past my lawyer decided to study everything that the VA has done in my case since 1974.

This is standard procedure before letting any 'possible' earlier effective dates fall by the wayside due to not pursuing any more appeals.

In other words, before dropping my client status into 'previous client' status, one last look had to be performed by the legal folks.

This reminds me of the C&P appointments that the VA sent me to that only existed in the mind of the person making out the paperwork.

I showed up but, somebody forgot to schedule the clinics.

Which they used to deny my claim.

And the hearing that they canceled in 1996, which they then used as an excuse to deny my claim.

(The Vet never showed up for the canceled hearing.)

I'm back in the Court of Appeals for Veteran's Claims again.

The court had previously mentioned to the VA that they had really screwed-up this case from the word GO.

Which resulted in hardship for the veteran.

I wonder what the 'remarks' section will look like this time?

sledge

Sledge, when you stated that your 1985 appeal had not been adjudicated, did you mean that V.A. failed to prepare a Statement of Case after receipt of a notice of disagreement with that appeal?

Edited February 11, 2011 by deltaj

[SLEDGE]

"Sledge, when you stated that your 1985 appeal had not been adjudicated, did you mean that V.A. failed to prepare a Statement of Case after receipt of a notice of disagreement with that appeal?"

I believe that's correct.

They have been under the assumption that the claim had been adjudicated and then dropped by the vet.

However, there isn't any evidence to substantiate the dropped claim.

They failed to invent any false records to back up their actions.

I have 28 pages of what the VA screwed up since 1985.

There is a potential for 17 years of 100 percent retro involved here.

sledge

[halos2]

What era are you from? When did you receive your award of TDIU? Did they start out low and then add on over what period of years? Who did you use as your VSO all these years? When did you finally begin your journey with this lawyer?