ptsd Court Of Appeals Veterans Claims

[qrdgv2tebc]

HI TO ALL ON HADIT

[bERTA IS AWARE OF THIS CLAI

I AM VISUALLT INPAIRED SO I HAVE TO USE LARGE LETTERING.

S/C FOR PTSD 21/0CT/1997.,,,70%

INFORMED BY LOCAL VA IN 2003, AN ERROR WAS MADE BY ADJUDICATOR ON MY CLAIIM, THAT THEY WERE GOING TO SEVERE MY PTSD, I PUT IN A NOD, TO HAVE MY CLAIM GO TO BVA IN WASHINGTON.D.C. TOOK TWO YEARS TO GO BEFORE THE JUDGE AT THE BVA 2005, HEARING IN 2005/AUGUST 1. AGAIN DINIED,

GOT IN TOUCH WITH LAWER IN FINNEGAN LAW OFFICE,TO HANDLE MY CASE TO GO TO COURT OF APPEALS FOR VETERANS CLAINS. CHECK IN EVERY COUPLE OF MONTHS WITH THEM OVER THE YEARS.

JANUARY 24/2012 RECEIVED A CALL FROM MY LAWER, COURTS OVERTURNED THE BVA DECISION, AND REINSTATED MY S/C FOR PTSD EFFECTIVE AUGUST 1/2005...50%[THE ORIGINAL DATE OF TERMINATION] MY LAWER SAID I SHOULD RECEIVE NOTICE OF THE CHANGE OF BENEFITS AND SHOULD RECEIVE ALL RETROACTIVE AMOUNTS DUE ME.

QUESTIONS.

1. WHAT HAPPENS TO MY ORIGINAL S/C DATE OF 21/OCT/1997.

2. WHY WAS IT LOWERED TO 50%

IT ALSO STATES FROM MY LAWER THAT I MAY BE ELIGIBLE FOR SPECIAL MONTHLY COMPENSATION UNDER 38 U.S.C. 1114 BECAUSE IT HAS BEEN SOME TIME SINCE I WAS S/C FOR PTSD.

MY LAWER SAID MY DAV REP SHOULD BE ABLE TO HELP ME WITH THIS , THE PROBLEM MY DAV REP IS NEVER IN TOUCH WITH ME EITHER BY PHONE OF E-MAIL OF FAX, HIS NAME IS FRANK FORSYTH, HOW DO I HANDLE THIS.

I AM ALSO I.U. SINCE 2000 ALL HELP WOULD BE APPREICEIATED.

THIS HAS BEEN ONE LONG STRESSING RIDE, I AM GLAD IT IS OVER WITH.

[Notorious Kelly]

CONGRATULATIONS, QRDGV2TEBC!

HAPPY YOUR FIGHT WAS SUCCESSFUL!

[broncovet]

Congratulations

If you post the appeal case number, (not your SSN) we will be able to read your CAVC case and better answer questions once the CAVC posts it online. It will be something like 12-xxxx.

[Berta]

THIS IS GREAT NEWS.!!!!!!!

ONCE THE CASE IS ONLINE -AS BRONCOVET SAID- WE CAN HELP MORE WITH YOUR QUESTIONS.

[Chuck75]

Without the details, I'm only guessing - -

On the surface, (obviously) it seems that you will need to find out why they didn't go back or reference the original award date.

It looks like they just forgot about the original NOD and details. The lawyer may be hoping to distance himself from the rest of the case, perhaps due to little

reward. If it turns out that this is the case, you may, if you can contact the VARO legal office, be able to do something in this area to make the lawyer more interested

in taking the case to it's conclusion. Sorry I'm being so general, but the VA's legal section is perhaps a bit strange in what they want to or will get involved in.

There are some circumstances that allow them to get involved with what lawyers get paid for representing a veteran. I don't know if this case might be one.

If you manage to get in contact with them, they will at least look at the circumstances. Depending upon the VARO, they may have virtually instant access to your claim.

(The last time I got involved with this side, it had to do with a possible reduction of a lawyer's fee, due to certain VA actions, resulting in less work for the lawyer than typical.)

Seems there are guidelines of some sort.

I really have no idea how being overseas complicates matters, except to think that it just aggravates the whole set of problems.

Edited January 31, 2012 by Chuck75

[qrdgv2tebc]

THIS WAS A BRO-BONO CASE.

WOULD THIS HELP

N0;10-896

VET APP. NO. 10-0896.