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Sucessful Claim! Crazy Timeline! Thank You All!

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Imtellinellen

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  • 4 weeks later...

RIGHT ON!!!!

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  • 2 weeks later...

One thing we haven't mentioned here ...........but we .used to talk about it......

Once an award comes and the veteran has a big sigh of relief and tries to enjoy their victory,some depression can suddenly set in.

It is normal and many here know what I mean.

We get so caught up in the battle, that the victory ,in most cases has left us exhausted and the fight has burned us out.

In some cases, we get up days after the award letter came , still thinking of ways to fight the claim...that happened to me.....

Sometimes an award letter documents how severely disabled we really are and really dont want to be.

Sometimes ,for survivors, the DIC award magnifies their loss greatly and the consolation only comes from knowing their spouse's death was a sacrifice for our country.

And in some cases, once the newness of the award wears off, it pays to give the letter a very good read, because many award letters should be appealed.

I put aside an award letter long ago and didnt appeal it and even the rep I had said it would not be an appellate issue...he was wrong.

I Cued it years later and it took VA 8 years to award the CUE.The 1998 decision they had me buying for 5 years was totally wrong.

I put my last award letter away for months. It was under Nehmer, and I had a NVLSP lawyer, so I had this odd idea the letter and retro was definitely correct.

When I pulled it out one day, the error hit me right away. NVLSP couldn't deal with that error because it stemmed out of a 1151 CUE issue, and not the AO issue.

I immediately asked VA to CUE the decision and filed my NOD on time.I feel stupid that sometimes I live under an illusion....

I actually believe sometimes that VA is right...and the fact is, in over 18 years as a VA claimant , not one of their initial award letters I got, have been correct.

I actually expect some bogus decision involving my pending claims and I will relish that because my appeal will be geared solely for the BVA.I already had a DRO once who couldn't read.She actually told my former vet rep she was unable to read my IMO from Dr. Bash.Yet she could read some VA endocrinologist C & P report that his IMO knocked down.

Relative Equipoise Should have kicked in. However the IMO ,which VA had ignored, and which my rep said he would get into the record that very day the DRO told him she couldnt read it, VANISHED AGAIN!

BVA took note in their award of that claim that NONE of my IMOs or medical evidence had been considered at all by the RO.

The VA had turned a claim well supported by probative medical evidence into a major battle that lasted for 7 years.

However BVA lawyers CAN read.

Edited by Berta
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Hello Berta,,,,,,, what an excellent post. You have covered this one very well and the depression issue on a claim. THANK you for your hard work. Now go to the Bahamas and enjoy white sands , warm weather , and no snow. NEVER GIVE UP . God Bless, C.C.

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