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Deferred Decision?

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Arch

Question

I have received a BS communication from local VARO, it states that 3 claims are "Deferred due to VCAA has not expired" Any one ever hear this story? According to research the VARO can make a decision regardless of VCAA or not? Im composing my NOD at this time, while trying to think positive?? And remembering the VA is here to help :unsure::blink::blink:

Arch Sgt. USAF SAC

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Arch - that is a good one!

Men and Women -the VCAA (Veteran's Claims Assistance Act)

as far as I know- has not had it's date of death determined by the VA.

VA illogical crapola -more than likely prepared by an illiterate employee.

Arch- on your NOD- remember you only have to focus specifically on any reasons they denied on and be sure to even attach any additional evidence you have.

If a vet is not working but already has SC I usually suggest filling out and attaching a TDIU form too-form 21-8940

Question # 18 check yes and under Remarks # 25- tell then if you get SSA for the same SC or if you intend to apply for SSA and then list your SC meds and any side affects that cause side affects that would prevent you from working-

like causes confusion, drowsiness, sleeplessness, agitation, do not take and drive, do not operate heavy equipment -stuff like that-

a claim can be won on a good NOD-

if you are lucky enough to get someone to read it.

I have a present claim filed two and half years ago- it is unusual -first of it's kind-and in March 2004 the VARO said this claim would "require an administrative decision".

My wannabee DRO -who copys and pastes and doesnt read evidence- also copied that statement-into the decision I got last Friday- which they CUED on Wednesday-it was all wrong-

I think the VA is an Administration and I think a decision review officer is supposed to make a decision.

The logic there alludes me on that too-just like what they said to you-

(I think VA counsel should make the decision on that claim as no one at the VARO seems to be able to make an 'administrative decision'- which is so ridiculous I cannot believe they said that-but they did.)

Edited by Berta
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This is commonly referred to as a stall tatic. The Va can rate at any time there is favorable determination. In some cases like secondary conditions the va can defer a secondary because they have not rated the primary condition. ( It happened to me for Migraines secondary to hypertension).

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Arch - that is a good one!

Men and Women -the VCAA (Veteran's Claims Assistance Act)

as far as I know- has not had it's date of death determined by the VA.

VA illogical crapola -more than likely prepared by an illiterate employee.

Arch- on your NOD- remember you only have to focus specifically on any reasons they denied on and be sure to even attach any additional evidence you have.

If a vet is not working but already has SC I usually suggest filling out and attaching a TDIU form too-form 21-8940

Question # 18 check yes and under Remarks # 25- tell then if you get SSA for the same SC or if you intend to apply for SSA and then list your SC meds and any side affects that cause side affects that would prevent you from working-

like causes confusion, drowsiness, sleeplessness, agitation, do not take and drive, do not operate heavy equipment -stuff like that-

a claim can be won on a good NOD-Berta,

if you are lucky enough to get someone to read it.

I have a present claim filed two and half years ago- it is unusual -first of it's kind-and in March 2004 the VARO said this claim would "require an administrative decision".

My wannabee DRO -who copys and pastes and doesnt read evidence- also copied that statement-into the decision I got last Friday- which they CUED on Wednesday-it was all wrong-

I think the VA is an Administration and I think a decision review officer is supposed to make a decision.

The logic there alludes me on that too-just like what they said to you-

(I think VA counsel should make the decision on that claim as no one at the VARO seems to be able to make an 'administrative decision'- which is so ridiculous I cannot believe they said that-but they did.)

I dont know where you get the time to reply to all of those posts?

this does not look right on my screen so I hope it gets where it belongs?

Received the BIG check from VA yesterday, today was my Birthday (62) wife took me out to lunch and shopping. Im going to put the check in the bank to collect interest or dust whatever comes first..

I still have not filed the NOD but its supposed to rain this week and thats a good time to work on it, been doing computer research, findlaw etc for statements I disagree with. http://www.hadit.com/forums/style_images/1...cons/icon12.gif

http://www.hadit.com/forums/style_images/1...cons/icon12.gif

You are a real Expert on this stuff now, and I appreciate yours and others opinions.

Kind of like two slices of toast, with a fried egg smothered in SOS, brown or grey SOS and a good hot cup of GI coffee. (Id kill for that stuff)

Arch

Edited by Arch
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Congrats- in my email to you Arch- I mentioned that they do make many errors in retro- at least I think I said that-

Before you filed the NOD check their EED date and their math addition-

If they buggered the amount -that should be basis of separate letter that they should forward to Finance-

it only took 3-4 weeks for me to get math errors fixed-

one was for about 300 bucks, the other for over 11,000-

it all 'looked ' like it made sense but when I took the time to review it all-

they were definitely trying to snooker me-

I dont have time for all the posts-only can read 3-4 topics a day now -regret that but I have exam next week at school and of course the VARO and my vet rep problem-

these problems are being resolved fast but I might have to

rush over to my vet reps this week- if the big boss comes down-

so I have my regalia all laid out and everything I have regarding documentation for them to fix their problem is in neatly color coded and tagged manila folders .

All of the comp rates are at the VA web site under the Comp icon.

Remember when they give the Dec rate-it is what starts in your subsequent Jan bank account of the next year.

Enjoy yourself!

By the way what specifically did they award on?

Hugs Arch- you did GREAT!!!!!!! Berta

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  • In Memoriam

Arch --

What it means that they have deferred ruling on a particular issue becuse they previously gave you one year to submit further evidence. If you have none to submit -- and I find this hard to believe for anyone-- then say so and ask the VA to waive the remaining portion of the VCAA period and make a decision now. Thid eill eotk.

Alec

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