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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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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



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      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



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      RESULT: 30% is Protected from reduction in 2040 (20 years)
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grent

Writ Of Mandamus

Question

1 filed writ no answer

2 called BVA

3 They say they didnt get it

can had it forum show me how to do writ of madamus again

WOW --- FRUSTRATING IS AN UNDER STAEMENT TO SAY THE LEAST!!

THIS TIME I PLAN ON GOING GREEN CARD RETURN RECEIPT TO BVA.

Thanks for helping me.

thx

GRT

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A writ of Mandamus must be filed with the CAVC...... not the BVA.

I posted an entire template here as to how to prepare the legal filing for the court and there is significant info available under a search for Writ of Mandamus here

Then search under Stratford to read the only Mandamus writ granted by the court in many many years.

I found ten pages regarding mandamus at hadit and more on Stratford but I sure dont have the time to post all those links here.

Why did you file the writ at the BVA????????

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i filed the writ because my case has not even been received by the BVA. Signed form 9 in I believe in JUly 2009. Thats 9, 10, 11, 12,

thats four years gone now.

Called called my attorney nothing Called BVA nothing. filed a writ before they claim the BVA they did not receive it.

I'm filing a writ because i want my case certified and docketted. At least a dockett number.

I want the VARO to get the case moving. I'm stuck in park i want to get the gear lever into drive!

Need help here ASAP!

Can you help me.

Thanks

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Others here will tweak this for you- It is the best I can do as I wont be around much here this week due to the US Open.

I DO suggest you read the CAVC rules of practice first .at the CAVC web site

They Should have a fee waiver form at the CAVC site - ask that the filing fee be waived.

A cover letter requesting that should do, if they don't have a fee waiver form there.I dont have time to get to their site to find out.

UNITED STATES COURT OF APPEALS

FOR VETERANS CLAIMS

----------------------(your name)

Petitioner

V.

Eric Shinseki

Secretary, Department of Veterans Affairs,

Mr.Michael Walcoff , Acting Under Secretary for Benefits

(name ) Director Compensation and Pension (forget their name -it is on the VA web site)

Respondents

PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS

______________________________________________________________________________

Pursuant to the All Writs Act, 28 U.S.C. paragraph 1651 (a) and regarding the

CAVC’s Rules of Practice and Procedure: Rule 21,

I, the veteran petitioner, _____________________ , (put your name here)

petition the Court for Extraordinary Relief in the nature of a Writ of Mandamus as I, the

petitioner, am compelled to take this action due to the acts and omission of acts of the respondents which give me

no other avenue of administrative approach to correct an unfair and inequitable result due to my mailing of my formal I-9 appeal on (date) , within the appellate deadline, to (Name of the VARO who received the I-9) .

Yet, in all this time ( ? years? put exact time frame here) there has been no further communication from the (name) VARO at all regarding any transfer of my appeal to the BVA.

I have enclosed a copy of my initial certified post office receipt, a copy of the initial appeal I filed ,

(You said “Signed form 9 in I believe in July 2009”)

(tell the the exact date from your copy of it ) and I have enclosed copies of certified receipts for the additional appeal copies I had sent them over the years.

and a copy is enclosed of the decision I have appealed ,which by date shows the appeal was filed, within the proper deadline.

I have taken multiple steps to find out the whereabouts and/or status of the appeal:

  1. (tell them of last IRIS response on this matter and attach copy of it) (or get a fresh IRIS response by making a new inquiry before preparing this writ and then attach copy of it to the enclosures)
  2. (call 800 again and get the Vet rep's 'identifying code number' and write down exactly what they say as to the I-9 and tell the Court what they say) They might get apprehensive when you ask but get this number)

3. (tell them of the steps your lawyer has taken to find the status and whereabouts of the appeal with your lawyer's name and contact info)

4. (Tell them the date and results of your last contact with the BVA ombudsman by phone or email)

then state in the Writ:

I, _________________________(name), as Petitioner, state that the

VARO (full name of the RO) has caused me irreparable damage by virtue of the fact that, although I fully complied with the appellate deadline, this VARO seems to have lost ,mislaid, or destroyed my original appeal and that has deprived me of attaining any potential benefits as well as losing my original earliest effective date if I am forced to re-open my claim due to VA error in handling my appeal., which as the enclosed Certified proof of mailing shows, was initially received by the (name) VARO on (date) and signed for by (name of signer).

(Make sure your enclosed copy of the green cards show BOTH sides)

I request that the Court order the ( name of VARO) to immediately find my original appeal dated ( exact date) and transfer it to the BVA, with a letter to me indicating that they have done that so that I can attain my full rights to properly advance my appeal of their decision dated ( put the appealed decision date here)

Respectfully,

Sign and print your name here

Petitioner

and then put your name ,address, C file number, email addy and phone number under your name.

And send the Writ to the US CAVC, Priotity mail and get a tracking slip:

Their address is at their web site when you look for the Fee waiver form, if there is one.

Edited by Berta

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i filed the writ because my case has not even been received by the BVA. Signed form 9 in I believe in JUly 2009.

Thanks

The way the VBA has been backlogged and court orders that had to be addressed

I don't see submitting the form9 in July 2009 as being that far out of bounds time wise,

in comparison to current claimants at the appeals level.

I am seeing 3-5 years to get a file transferred from the VARO to the BVA - as an average.

Did you submit a claim - receive a denial - file a NOD within a year?

Did you ever request a DRO De Novo Review or a Hearing with a DRO?

Did you receive any SOC's/ SSOC's?

Do you have the proof of submitting you form 9 substantive appeal ?

Do you have a VSO?

Has the VARO certified your appeal yet?

I would check all this prior to submitting a writ but this is JMHO.

Also, never, NEVER, NEVER - submit something without certified RRR

or a if submitted at the VARO, getting a date stamped copy.

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Carlie is right-

I had 2 appeals , filed I think in 2005 or 2006 ,and the BVA just got them and I had to withdraw them.I was awarded those claims in January.

But what concerns me here (and I am sure you called the 800# or IRISed them in all these years,) is that

the 800# always told me my appeals were "still pending" all those years.

I didn't get the impression they told you that.

I think, since you have a lawyer, just disregard my template here and ask the lawyer what to do, if the VARO via 800#or IRIS does not ackknowledge the appeal is still pending.

Widows cant use ebenefits so I dont know how that works but if you use ebenefits, what has that said about the 'pending' appeal if anything.

Also sometime ago in 2009 I think you asked a question regarding a BVA "re dact" ..... we posted we thought you meant Remand.

Is it possible you meant your claim and is it possible that it is on Remand? If so definitely disregard the writ I posted.

Also you said you had already filed a writ already but no one knew where that was.

I suggest maybe you use IRIS instead of the 800 and ask for a hard copy response from them as to the status of your 'pending appeal' and see what they say.

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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

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      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
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      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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