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Poll -Three Questions


Berta

Question

I am not sure where to put this Poll.

I have 3 specific questions:


  1. Have you or any veteran you know,who had a lawyer , agent, or vet rep on their POA,ever been directly contacted by a RO by phone and asked to waive any appellate rights and,instead , to accept a favorable RO decision?

If so would you state what type of POA you had,that VA was aware of when they made this call to you.


  1. Has anyone here ever been told that they cannot get a copy of their VA Med recs because those records are “electronic”?


  1. Has any vet reading this, who was ever incarcerated, and released, ever been denied payment of any proper retroactive compensation, that they did not receive while incarcerated, after they were released from Prison?...
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Berta..

1. Yes, "after the fact". The VA has taken a position that, because I was awarded partial benefits in 2005, that my 2004 Nod was "satisfied" so they refuse to file a SOC. In other words the VA is essentially saying, "gee, we awarded you benefits in 2005, so we dont have to process your 2004 appeal". I would agree if they awarded 100%, but when they awarded less than the max, then I dont think a partially favorable RO decision "waives" my appeal rights.

2. No, but I have heard Vets say just that, probably on hadit.

3. The VARO is holding my Retro hostage, even tho I have never been incarcerated. I was awarded partial benefits (EED) in August, 2012 by the Board, and no retro yet. Fast letter 10-02 prohibits them from "holding up" my retro to "see if I will appeal to the CAVC". But the VA did that anyway and there is not much I can do about it.

In other words, the appeal period is 120 days for the BVA, and the VA was holding up retro on "partial awards", that is, where the VA granted some of the benefit(s), and denied or remanded other portions. Even tho fast letter 10-02 prohibits just that, they are doing it to me anyway, and have held up my partial retro, and I can not seem to do anything about it.

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