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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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betrayed

Who Lobbied Against The Right To Have A Attorney

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Vets fight for others freedoms. Freedom of speech, press, religion. We also are innocent until proven guilty, and have a right to representation. No..not Vets, just "other" citizens.

Like yourself, I am disgusted that overpaid VSO head honchos can decide "for me" whether or not I need a lawyer, without ever meeting me, or discussing my case or poor results I got with countless VSO's. I dont need to pay a head honcho VSO 300k per year to decide I dont need an attorney. I can decide that on my own, thank you very much. Since I am the one who knows more about my case than any VSO, and, I am the one who has to pay the price either if I hire/dont hire an attorney of my choice, it is a decision I am best qualified to make, not a head honcho VSO sipping margarittas in a VFW bar.

I do not tell the VSO if he should "hire" someone to cook his food or cook it himself, and I dont want him telling me if I should hire a lawyer or not. I may or may not be competent to represent myself, and, the VSO I "hire" may or may not be competent to obtain the benefits I am entitled to. He is not in a position to make that judgement call for me. I should be able to decide if I feel its warranted to spend my hard earned money on attorney fees, RV's, VSO compensation, alcohol, or what ever else I choose to buy. Personally I think VSO head honchos are overcompensated, and they should be required to "give back" half of what they earn to Veterans causes, oh, maybe pay Vets attorney fees when they fail to do the job right and an attorney is required.

Edited by broncovet

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Kinda makes you wonder that after all these years, how many Vets has gotten their claim approved due to what T-Bird has created here and others have taken the time to imput........I put this place up against the best there is out there, Juris Doc be damned, there some on here that would put them to shame.

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I agree with JBasser, Bronco and Stretch. The right to hire an attorney belongs to the veteran. Hadit is the best VA education site for all "Do It Yourselfers" filing claims at VA. And many on this site have been successful without assistance from the VSO's or having to enter the appeals process. I am truly blessed to discover Hadit and learn VA "Warfare Skills" from the Elders and all my Veteran brothers and sisters.

However, in the final stages....everyone know when its time to hire a professional. Relax a little bit, and allow him/her to go run the legal offense against the VA Attorneys defensive posture. The VA OGC attorneys work extremely hard to defeat veterans claims or wait for them to die without receiving benefits. After my best friend from High School died inside the VAMC. I realized he was betrayed and considered guilty even until death! JMHO

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Some Vets do not understand EAJA fees and attorneys. At the CAVC level, you may not have to pay a dime for an attorney. Reason: If the attorney wins, then he will petitiion the court to have EAJA pay the fees, and, mostly, the court does just that.

Sometimes, EAJA fees are not enough to cover all the fees and the Vet will pay some, but, the court already looks out for the Vet and they disapprove what they call "excessive" fees.

Most of the time, the Vet wont pay any attorney fees at the CAVC level, and, mostly, Vets do not need an attorney before the CAVC level. J1vo, but I recognize each Vets case is different and he should have an absolute right to hire an attorney when the Vet feels so inclined. No one should take that choice from him. Its the Vets family who suffers, and the Vet knows more about his case than any 300,000 per year VSO.

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Bronco, you are spot on target with your explanation aout EAJA /attorneys fees.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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